LAW ON INDEMNITY WHEN THE STATE RECOVERS AGRICULTURAL LAND IN VIETNAM

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE
HANOI LAW UNIVERSITY

PHAM THU THUY

LAW ON INDEMNITY WHEN THE STATE
RECOVERS AGRICULTURAL LAND IN
VIETNAM
Speciality : Economic Law
Code
: 62.38.01.07

SUMMARY OF Ph.D THESIS IN LAW

HANOI – 2014


The Work was completed at:
HANOI LAW UNIVERSITY

Scientific Instructor:

1. Associate Prof. Nguyen Quang Tuyen
2. Associate Prof. Pham Huu Nghi

Opponent 1: Associate Prof. Hoang The Lien
Opponent 2: Associate Prof. Nguyen Minh Man
Opponent 3: Associate Prof. Vu Thu Hanh

The Thesis shall be protected against the school-level thesis assessment
Council in the meeting at Hanoi Law University at …. date ….. month …..

year 2014.

The Thesis can be learnt in:
1) National Library;
2) Library of Hanoi Law University.


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PREFACE
1. Necessity of the subject
The agricultural land recovery is not simply the land use right termination of
organizations, households, individuals to a certain area of agricultural land but also
leaves socio-economic consequences to be timely solved to maintain the socioeconomic stability. The fact shows that this is a difficult, complicated work and
severe, burning disputes, claims on land often arise. According to the Government
Inspectorate’s assessment, the claims relating to the indemnity when the State
recovers agricultural land still occupies about 70% of total land claim cases. This is
caused by the legal system on land recovery and land indemnity which has
inappropriate contents, in addition, the real legal enforcement in this sector still has
shortcomings, limitations to be solved. Therefore, the comprehensive study of the
theoretical and practical issues to propose the complete solutions is a necessary work
and has a great significance to complete the law on land in general and the law on
compensation when the State recovers agricultural land in particular. With such
significance, I select the subject of “Law on indemnity when the State recovers
agricultural land in Vietnam” to prepare the PhD thesis in law.
2. Object and scope of research of the Thesis
2.1 Object of research
The research object of the subject includes:
- Party and State’s system of point of view, guideline, policy and law on the
land sector in general and on indemnity, assistance when the State recovers land

in particular.
- Policy, law on indemnity when the State recovers land of some countries in
the world such as: China, Korea and Singapore,…
- Contents of Law on land of 2003 and implementation guiding documents on
indemnity when the State recovers agricultural land, at the same time, studying the
contents of the amended Law on land adopted by the National Assembly on
November 29th, 2013, which shall be enforced on July 1st, 2014.
- Practical information, data, cases on application of the provisions of the law
on indemnity when the State recovers agricultural land in Vietnam.
- Scientific works on compensation when the State recovers land in general
and law on indemnity when the State recovers agricultural land in Vietnam in
particular published at home and abroad.
2.2 Scope of research
The indemnity when the State recovers agricultural land in Vietnam is a
subject of large, complicated scope of research. In the limited framework, the
Thesis studies the theoretical and practical issues of the law on indemnity when
the State recovers agricultural land in Vietnam in which focusing deeply on
studying, learning the indemnity, assistance when the State recovers agricultural
land of households, individuals; resettlement when the State recovers land out of
the subject of this Thesis.


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3. Research objective, task of the Thesis
3.1 Research objective
The research objective of the subject: “Law on indemnity when the State
recovers agricultural land in Vietnam” is the systematic theoretical and practical
research on the legal bases on the State’s indemnity when recovering agricultural
land at the PhD level. On such basis, recommending the highly valuable solutions to

complete the law, to satisfy efficiently the requirements proposed by the life reality,
during the enforcement process of the law on indemnity when State recovers
agricultural land.
3.2 Research task
In order to obtain the above research objective, the Thesis determines the
following detailed research tasks:
- To analyze the definition, characteristics of agricultural land; to analyze the
definition, characteristics of agricultural land recovery and objective necessity of
agricultural land recovery for the country’s industrialization and modernization
career; to analyze the definition, characteristics and to explain the theoretical basis
of indemnity when the State recovers agricultural land in Vietnam.
- To study the theoretical issues on the law on indemnity when the State
recovers agricultural land; to learn about the law and the legal reality of some
countries in the world on indemnity when the State recovers agricultural land and to
complete the law on indemnity when the State recovers agricultural land.
- To assess the real situation of the law on indemnity when the State recovers
agricultural land, on such basis, the Thesis gives the orientation and solutions to
complete the law on indemnity when the State recovers agricultural land in Vietnam.
4. Methodology and research method of the Thesis
In order to achieve the research objective and task of the subject, the Thesis
used the following research methods:
- Dialectical materialism and historical materialism scientific research
methodology of Marxism - Leninism
- Analytic method, comparative method, historical method, systematic method
- Synthetic method, analytic method, evaluative method, collation method
- Commentarial method, interpretation method used while learning about the
reason of the shortcomings, limitations during the real enforcement process of the
provisions on indemnity, assistance when the State recovers agricultural land.
5. New points and meaning of the Thesis
The Thesis comprises the following new major contributions:

- To supplement the theoretical and practical basis on indemnity when the
State recovers agricultural land and the law on indemnity when the State recovers
agricultural land in Vietnam; to analyze, clarify the adjustment mechanism of the
law on indemnity when the State recovers agricultural land;
- The Thesis analyzed and indicated the experience lessons for Vietnam during
the establishment, completion process of the law on compensation when the State
recovers agricultural land while analyzing, learning about the law and the legal
reality of some countries on agricultural land indemnity when the State recovers
agricultural land;


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- To assess this legal sector enforcement real situation and to show the reason
of shortcomings, limitations. On such basis, the Thesis mentions the requirement,
orientation and proposes the detailed solutions to complete the law on indemnity
when the State recovers agricultural land in Vietnam;
The Thesis is a useful reference material not only for the land policy, law
makers but also a useful monograph for the teaching, learning and scientific research
work of the land law in our country’s legal training bases.
6. Structure of the Thesis
Apart from the Commitment part, list of abbreviation words used in the
Thesis, table of contents, Preface part, research situation Overview part, conclusion,
list of studies relating to the subject of the Thesis published and list of references,
the Thesis includes 3 chapters
OVERVIEW OF RESEARCH SITUATION ON SUBJECT OF THE THESIS
1. Essential contents of studies relating directly to the subject of the Thesis
The indemnity when the State recovers agricultural land is an important
content of the State’s land management activity; carried out by the State competent
agency to ensure the interests for the recovered land people in the country’s

industrialization and modernization process. The agricultural land recovery must be
performed in the correlation between the agricultural land protection requirement
(ensuring the sustainable development) and the objective indispensable nature of the
transformation of agricultural land into non-agricultural land during the country’s
new development stage; besides that, the life and work as well as the interests of the
people after recovering land must be paid attention, ensured by the State. This is a
burning topical issue, therefore, there were many studies relating to this issue and
reviewed under the different angles. The research of the scientific works relating
closely to the subject of the Thesis has a particularly important meaning. Because
this is the premise for the Thesis performance process, the basis for assessing,
learning about the studied theoretical and practical issues, open issues, the oriented
suggestions for the further issues to be studied, that the Thesis must focus on
settlement. It can say that, these are very useful references, of scientific value for the
author during the research, performance of the Thesis at the PhD level.
Through leaning about and researching, the author sees that, there were some
outstanding studies, relating to some different aspects of the subject of the Thesis.
These studies can be classified under the following research groups:
1.1. Research group on theoretical issues on indemnity when the State
recovers land
- Discussion articles on “Concept of indemnity when the State recovers land”;
- Legal studies of some countries in the world on indemnity when the State
recovers land and relevant policies;
- Studies on transfer of land use purpose in the industrialization and
modernization period in Vietnam;


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1.2. Research group on contents of the law on indemnity when the State
recovers land

- Researches on land prices;
- Research on indemnity methods;
- Research on job settlement for the farmers whose land is recovered;
- Research on assistance to the people whose land is recovered;
- Researches on the life of the people after recovering land;
- Commentarial researches on legal provisions on indemnity when the State
recovers land.
1.3 Research group on enforcement organization and completion of the law
on indemnity when the State recovers land
1.4. Research group is scientific research Subject, master’s Report or
Dissertation studying theoretical and practical issues on indemnity when the State
recovers land
2. Assessment, result of studies relating directly the subject of the Thesis
and next key contents made by the Thesis
2.1 Some comments
Approaching, learning about the studies relating to the subject of the Thesis
published in the last time; we have some following comments, considerations:
Firstly, in terms of research method. The authors used mainly some following
methods during the research process:
- Dialectical materialism and historical materialism scientific methodology of
the Marxism – Leninism to study the issue in the incessant movement, change sate
and placed in the overall relationship, interaction between this phenomenon studied
with other ones. Moreover, the research object is considered, assessed under the
“dynamic” state… to make the research issue abundant, diversified, at once
traditional and modern.
This means that the research object is reviewed, assessed, approached during
the formation and development movement process though the different historical stages
to see the development, completion of the thought in general and of the legal thought in
particular to response to the practical demand. In addition, the Party’s points of view,
guidelines, policies are the fundamental political orientations to locate for the authors

during the research process to achieve the proposed research objectives.
- Information collection, treatment method. The scientific information in the
studies are collected, analyzed, treated by the authors from many other sources: (i)
Provisions in the State’s legal documents; (ii) Resolutions, documents of the Party;
(iii) From sociological survey, inspection result; (iv) From real enforcement
summary of the law on indemnity, ground clearance when the State recovers land;
(v) From works, articles of the domestic authors; (vi) From websites; (vii) From
foreign documents,…. showing that the studies of the previous authors also
mentioned an other comprehensive and “multicolored” picture on indemnity,
assistance to the people whose land is recovered.
- Analytic, synthetic method also applied in most of the studies as the basis for
the authors to judge, assess the research issue under the legal implementation angle


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and the legal enforcement reality on indemnity and assistance when the State
recovers land.
- Moreover, some other methods also used additionally such as deductive method,
inductive method, comparative method,… to study and clarify the research contents.
Secondly, in terms of research content, it can have the following comments:
One is that, even the issue approach can be different, the analyses and judgments
can be under the different angles of view but the majority of studies on the above
mentioned indemnity, assistance, resettlement reasoning issues when the State recovers
land just attach special importance to propose the concept, characteristics of indemnity,
assistance, the difference between indemnity and assistance as well as indemnity and
compensation. Along with that, the majority of the authors judge that the objective
indispensability of the land recovery is explained under the required angle of the
country’s industrialization and modernization career. At the same time, confirming it is
necessary that the State must be responsible to compensate for (indemnity, assistance)

the people whose land is recovered through the explanation under the damage angle of
the people whose land is recovered by the State.
We do not deny the correctness of the judgments and assessments of the
authors in the above mentioned studies, but if the reasoning on indemnity, assistance
when the State recovers land is approached in more multidimensional manner, with
larger scope, the research issue shall be more profound, as the better premise to
approach the contents of the implementation law on this issue. For example: the
concept of land recovery must be studied in the relationship with expropriation,
compulsory acquisition, or land requisition, in the relationship with land ownership,
property ownership… Or, when the authors mention the consequence of the land
recovery or the objective indispensability of the land recovery, the most just stop at
the analysis and explanation from the requirement on the country’s industrialization
and modernization career… We think that, the approach shall be more practical and
more profound if they are recognized at the efficiency of the land recovery to
transfer the purpose, to move the economic structure. This shall become more
evident when in fact, there are thousands of hectares of land of agriculture and
forestry farms, stations, state-owned enterprises… existing in the old regime, were
exploited and used inefficiently, wastefully and at this moment, still in “tremble”,
not clear in their management and control mechanism. Along with thousands of
hectares of agricultural land assigned to the households, individuals to use stably, in
long-term without paying land use fees to the State but they have no direct use
demand but lease, lend, give to the others for exploitation without declaration…. So,
the question is that, such land areas must be represented by the State as the owner, at
the same time as the State management entity on land, with redistribution and
readjustment to how use efficiently, the land recovery to use for the State’s different
purposes is also a one of the manifestations of such requirement.
Two are that, the studies published the objective indispensability of the
indemnity, assistance when the State recovers land, as well as the approach works
under the practical aspect of the indemnity, assistance such as: “Discussion on land
price so high or low in indemnity” of MA Dang Anh Quan or “Discussion on land

price as regulated by the Law on Land of 2003” of Pham Xuan Hoang; In terms of
the concept of indemnity, there are “Theoretical issue around the indemnity concept


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when the State recovers land” of PhD Nguyen Quang Tuyen or “Some opinions to
complete the law on indemnity when the State recovers land” of Le Ngoc Thach;
Book of “Job settlement for the agricultural labor in the urbanization process” of
Associate Prof. Nguyen Thi Thom and MA Phi Thi Hang (co-editor) – National
Political Publishing House in 2009, or Book of “Job of the farmers in the
industrialization, modernization process of the Red delta to 2020” of PhD Tran Thi
Minh Ngoc (editor) - National Political Publishing House in 2010),… showing that,
the majority of the authors’ points of view think that, the State’s land recovery is for
the use of the State, of the people who are exploiting, using without fault caused by
them, the State is responsible to indemnify and compensate them for the damages
encountered by them at both material and non-material aspects. At the same time,
the authors in the studies state that, the current policy on indemnity, assistance and
resettlement is not actually satisfactory, much lower than the reality, hasn’t
compensated the damages burdened by the people whose land is recovered….
We completely share with the above mentioned remarks however we think
that, the research issue shall be more diversified and multidimensional, deeper if
their scope and object are extended. For example, when the interests of the people
whose land is recovered are solved, but due to limited legal execution awareness and
consciousness, the ground clearance is delayed, to lead the delayed project
implementation time schedule for the investors, causing damages to them, or the
legal execution delay from the public authorities leads the project to prolonged to
cause damages to the investors, who is responsible to compensate these damages?
This is also a necessary issue to be questioned and solved further.
Three are that, to a certain extent, the studies firstly mentioned the practical

aspects of the legal enforcement on indemnity, assistance, resettlement through
analyzing the provisions of the current law and pointed out the practical examples for
proving. Details as: Article of “Assistance policy when the State recovers land of PhD
Tran Quang Huy; Article of “Law on order, procedure of land recovery, indemnity and
ground clearance and problems arising in the application process” of PhD Nguyen Thi
Nga); Article of “Shortcomings, problems arising in the application process of the
indemnity methods when the State recovers land” of PhD Nguyen Thi Nga and Bui
Mai Lien)… Thereby, we see that, the “hidden corners” of the law on indemnity,
support, resettlement when the State recovers land are gradually “half-opened” more
clearly through vivid practical examples. However, following and directly witnessing
the reality in the recent years show that, shortcomings, problems are still much more
diversified and complicated, they are expressed in many different forms, therefore, they
must be studied more deeply, more practically so that this issue carries the respiration
of the life. This is also the wish that we shall be directed toward.
Four are that, many points of view, opinions were sporadically mentioned in
all studies on solutions to contribute to continue to complete the law on indemnity,
support, resettlement when the State recovers land. However, they shall be more
scientific, comprehensive and feasible when they are questioned more generally,
uniformly and directly. This is also the task that the Thesis is directed toward during
the research process.


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2.2 Next key contents made by the Thesis
Firstly, in the country’s industrialization and modernization process, the
agricultural land recovery to transfer into the non-agricultural purpose is an
objective necessary need, this was mentioned by the studies. However, the
agricultural land is recognized as a specific production material and of particularly
important meaning in the socio-economic life in Vietnam (a country develops from

the agricultural economy), that affects the provisions of the law on recovery and
indemnity for agricultural land but hasn’t been clarified by the authors. Thus, this is
one of the contents to be continuously studied in the Thesis.
Secondly, in the indemnity sector when the State recovers land, there are still
different scientific points of view on the terms relating to recovery and indemnity,
the Thesis shall clarify more this issue.
Thirdly, the indemnity principles, conditions when the State recovers land are
the very important orientations to affect the indemnity, satisfactory indemnity
guarantee, correctness, sufficiency for damages that the land users must bear when
land is recovered. In the other hand, the indemnity policy shall be more feasible,
more enforceable in fact if they are more approached and shared, interested to the
enterprises, investors, particularly the investors in the real estate business sector in
the current stage which is pushing them to encounter innumerable difficulties and
challenges. Along with that, the interests generated from the land movement process
shall be also regulated fairly, appropriately to create income source to the State to reinvest, construct the country. This hasn’t been clarified in the studies, the Thesis
shall analyze more clearly this issue.
Fourthly, the land indemnity, indemnity of property on land, were mentioned by
some studies but only general or at small aspects but haven’t described
comprehensively these contents in consideration of both theoretical and practical
aspects. The Thesis shall study more systematically and deeply, comprehensively the
land indemnity, indemnity of property on land when the State recovers agricultural land
in which especially paying attention to indemnity price because this is the center of the
indemnity issue. In the other hand, when talking about the land indemnity price, the
majority of studies only analyzed, thought in one way under the direction: the State’s
indemnity price is low, too different from the market price or the support level is not
satisfactory, not to ensure the life stability, job of the people whose land is recovered,…
to have no back-thinking to share the difficulties faced by the enterprise and the State
during the indemnity process. It shall be more comprehensive when we recognize
objectively to assess rightly the real situation of this issue, as the valuable basis to
complete the law, this is the issue to be mentioned in the Thesis.

Fifthly, the support when the State recovers land was mentioned by the studies
but mainly under the angle to analyze the provisions of the law on support but hasn’t
clarified the nature as well as its relationship with the indemnity, this shall be
expressed in the Thesis. On the other hand, the provisions of the law on support shall
be more deeply studied in the Thesis, because the author thinks that, in the indemnity
sector when the State recovers agricultural land, the support is an additional very
necessary measure to complete more the indemnity purpose, to ensure the legitimate
interests for the farmers whose production material is recovered, to help them to


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quickly stabilize the life. Particularly, some types of agricultural land in the relatively
special positions such as: pond and garden land adjacent to living land not recognized
as living land, agricultural land in the area neighboring to the urban area, administrative
center or agricultural land alternated in the residential area…. Under the existing law,
these types of agricultural land have institutions very different to the type of pure
agricultural land; in which, the support level is much higher than the indemnity level.
So, in fact, the application is extremely complicated and sensible, they are also one of
the causes to “ignite” the disputes, claims, denouncements. Therefore, they should be
analyzed, judged more thoroughly and carefully.
Sixthly, the Thesis shall attach more special importance to its research
direction from the real cases arising in fact with very different points of view,
settlement opinions; there are shortcomings, problems that the reason due to the
implementation law still has gaps, opened so there is no basis for application; but
there are shortcomings, problems caused by a lack of clarity, transparency of the
law, so the understanding and application are not similar in the localities; there are
the provisions which have proved far from the reality and the entities intentionally
find the way to “sneak the law” to obtain illegal profits,…
Seventhly, the Thesis is made in the context of the Law on Land of 2013

adopted by the National Assembly but not effective. Therefore, the acquisition and
inheritance of the previous provisions of the law on indemnity shall be continuously
studied to have a mechanism for developing, enforcing more efficiently in fact; at
the same time, the new contents of the provisions of principle and generalization in
the law shall be carefully studied thoroughly to have more concrete, detailed
enforcement instructions with a proper mechanism. This shall be also focused by the
author during the Thesis research process.
In summary, in the country’s industrialization and modernization process,
especially in the socio-economic context with continuous and quick changes, the
results that our country’s legal scientific researchers reached in the indemnity sector
when the State recovers land in general and agricultural land in particular should be
continuously studies, added and completed. Therefore, an independent, intensive
and systematic study on the indemnity law is very necessary when the State recovers
agricultural land in Vietnam, this is the task that the Thesis shall do.
Chapter 1
THEORETICAL ISSUES ON INDEMNITY WHEN THE STATE
RECOVERS AGRICULTURAL LAND AND LAW ON INDEMNITY WHEN
THE STATE RECOVERS AGRICULTRUAL LAND IN VIETNAM
1.1 Reasoning on agricultural land recovery
1.1.1 Concept, characteristics of agricultural land
1.1.1.1 Concept of agricultural land
The beginnings of the humankind, land was considered as the premise of the
nature, initial condition of the life. The famous historian, monographer Phan Huy
Chu (1782-1849) in the XIXth century wrote: “Treasures of a country do not what


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loved with land, people and the riches are born from so that”. Many years from now,
land is always the cradle to bring up the human life, is the accommodation, the

condition for survival, is the particularly important production material which can
not be replaced in the agriculture, forestry production. With total area of over 33
million ha, in Vietnam, land is divided into many types based on the use purpose,
agricultural land is one type of land in the national unified land capital.
Agricultural land comprises generally types of land, has same use
characteristics, as a production material mainly serving the agricultural, forestry
production purpose such as cultivation, breeding, aquaculture, afforestation;
regeneration and restoration, protection of forest; ecological environment
protection; test research on agriculture, forestry.
The conception of agricultural land at the above mentioned large scope is
necessary and appropriate to the exploitation and use reality of organizations,
households, individuals. That is more and more significant in fact while determining
which type of recovered agricultural land in the agricultural land group to be as the
basis to define the proper indemnity method and level.
1.1.1.2 Characteristics of agricultural land
Firstly, agricultural land is type of land that its use value depends on mainly
quality of land, fertility of soil.
Secondly, agricultural land is used as a direct production material and can not
be replaced in the agriculture, forestry, aquaculture and salt making sectors.
1.2.2 Concept of agricultural land recovery
Based on the selective acquisition of the opinions, points of view of the
scientists, the Law on land of 2013 adopted by the National Assembly on November
29th, 2013 shall be effective on July 1st, 2014, clause 11, article 4 provided that: “The
State’s land recovery is that the State decides to recover the land use right of the
person assigned by the State with the land use right or to recover land of the user
who commits the law on land”.
From that, the land recovery can be generally understood as follows: “The
land recovery is that the State decides administratively to recover land and land use
right assigned to the entities to use land under the provisions of the law on land”.
Deriving from this concept, the concept of agricultural land recovery can be given as

follows: “The agricultural land recovery is that the State issues the administrative
decision to recover agricultural land and agricultural land use right handed over to
the entities to use under the provisions of the law on land”.
1.1.3 Objective necessary need of agricultural land recovery for the
country’s industrialization and modernization process
Firstly, the Resolution adopted by the national XIth Party Congress confirmed
that: “Striving to 2020, our country shall basically become an industrial country
under the modern direction” (10, page 31).
Secondly, our country was originated from a poor and backward agricultural
country. In order to overcome laggard risk and to reduce step by step distance with
the developing countries, there is no way that Vietnam must perform the


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industrialization, transfer of agricultural economic mechanism into industrial,
commercial, service mechanism, if that, it should make planning of a part of
agricultural land fund into construction of industrial parks, economic zones, high
technology parks.
Thirdly, the agricultural land recovery is still due to the agricultural land use
purpose transfer demand to use land more efficiently. The agricultural land recovery
due to the State’s demand shall be reasonable, rulable and legitimate if such land is
exploited and used efficiently for the defense, security, national benefit, national benefit
purposes and for the economic development target. The agricultural land recovery shall
also be indispensable and received the high consent, unanimity of the people whose
land is recovered if such land is really used for the country’s industrialization and
modernization career and along with this is the satisfactory indemnity, support policy to
the people whose land is recovered, moreover, it’s the job arrangement associated with
the reasonable, balanced economic mechanism movement.
1.2. Reasoning on indemnity when the State recovers agricultural land

1.2.1. Interpretation of the term of “indemnity when the State recovers land”
1st point of view: The Constitution of 1992 didn’t regulate the land recovery
issue, but only the compulsory purchase or requisition issue with legal property
indemnity of individuals, organizations (Article 23, Constitution of 1992). In case of
land use right compulsory purchase, the State shall compensate damages to the users
under the appropriate reimbursement mechanism.
2nd point of view: “Indemnity” or “compensation” of damages when the State
recovers land, the issue needs to be identified again. Firstly, it should see that: The
land recovery under the law on land, is that the State confided by the people’s power
(the Socialist Republic of Vietnam is the State of the people, by the people and for
the people) and by its will regulated by the law, decides to recover land of
organizations, individuals for the benefice of whole society. Therefore, in this case,
the law should state as “compensation of damages” when the State recovers land to
use in the defense, security, national benefice, public benefice purposes.
3rd point of view: According to the particular point of view, the author thinks
that, “Land recovery” and “Indemnity when recovering land” are the terms always
associated with the whole population possession regime to the land of which the
State is the representative. This should be reviewed at two aspects: (i) The State’s
possession representation right to the land is a basic, legal foundation for the State to
perform the land recovery; (ii) the indemnity is an indispensable consequence after
recovering, if the land users meet the conditions provided by the law on land. On the
other hand, ‘indemnity” is a proper term placed in the context where the State
recovers land as the land representative owner.
In addition, in consideration of nature, “indemnity” or “compensation” or
“reimbursement” is all an offset corresponding to damages caused. These are the
terms of relatively homogeneous comprehension. I should think that, do not discuss
deeply this term issue, because it does not bring many practical meanings, as well as
not change the contents on the State’s great responsibilities and obligations to the

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people, when the State performs the land recovery. It is important that, when the
State recovers land, a serious implementation mechanism of the offset
corresponding to the tangible and intangible damages on material and spirit to the
people whose land is recovered.
1.2.2 Concept of indemnity when the State recovers agricultural land
The indemnity when the State recovers land can be fully understood as
follows: The indemnity when the State recovers land is that the State or
organizations, individuals assigned, hired by the State with land to use for the
defense, security, national benefit, public benefit, economic development must offset
damages of land and property on land caused by the land recovery act, to the land
users in compliance with the provisions provided by the law on land.
Deriving this concept, the concept of indemnity when the State recovers
agricultural can be given as follows: The indemnity when the State recovers
agricultural land is that the State or organizations, individuals assigned, hired by
the State with agricultural land to use for the defense, security, national benefit,
public benefit, economic development purposes must offset damages of land and
property on land caused by the agricultural land recovery act, to the land users in
compliance with the provisions provided by the law on land.
The indemnity when the State recovers agricultural land owns some main
specific characteristics as follows:
Firstly, as a basis to generate the indemnity when the State recovers
agricultural land, that is when the State recovers land to use for the defense, security,
national benefice, public benefice purposes or for the economic development target.
Secondly, in terms of beneficiaries to be indemnified when the State recovers
agricultural land: only the legal agricultural land use right people namely with land
use right certificate, or legal land use right paper or enough conditions to issue just
indemnified land use right certificate.
Thirdly, in terms of indemnity scope when the State recovers agricultural land,

the households, individuals whose land is recovered not only are indemnified for
land and property damages but also considered, solved by the State for social issues
such as life stabilization support, production stabilization support, transfer of job
through new career training.
1.2.3 Concept of support when the State recovers agricultural land
The “support” is that the State solves the consequences happening after the
indemnity, the “support” can be considered as a solution in the indemnity, plays a
role to offset the gaps that the indemnity provisions haven’t solved.
1.2.4 Reasoning basis of indemnity when the State recovers agricultural land
The indemnity when the State recovers agricultural land is established on the
following essential reasoning foundations:
Firstly, based on the whole population land possession regime of which the
State is the representative.
Secondly, based on our State’s preeminent nature.
Thirdly, based on the land users’ profit damages, it’s the consequence arising
directly caused from the State’s land recovery act.


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1.3. Reasoning on law on indemnity when the State recovers agricultural land
1.3.1 Objective necessity of the law governing the indemnity when the State
recovers agricultural land
Firstly, the law has the specific characteristics that the other management
measures have no; it’s normative property, general compulsoriness, enforcement and
adaptability.
Secondly, deriving the whole population land possession regime of which the
State is the representative. The State on behalf of the people performs the right of
the owner. On such basis, the State carries out land hand-over, land hire or land
recovery…

Thirdly, as mentioned in the above part, the indemnity when the State recovers
land in general and the indemnity when the State recovers agricultural land in
particular is a difficult, complicated and sensible sector; because it directly touches
the practical benefits of the relevant parties that first of the land users, therefore an
efficient adjustment by the law is required.
Fourthly, the law specifies in details land recovery cases, agricultural land
recovery purpose, recovery competence, order, procedure and consequence
resolution method caused by the agricultural land recovery,… These provisions help
the indemnity work when the State recovers agricultural land to be performed
explicitly, fairly and lawfully.
1.3.2 Concept, characteristics and factors affecting the law on indemnity
when the State recovers agricultural land
1.3.2.1 Concept of law on indemnity when the State recovers agricultural land
Studying, learning about the contents of these provisions, it can see that the
law on indemnity when the State recovers agricultural land is an important institution
of the law on indemnity of Vietnam and understood in reasoning aspect as follows:
“The law on indemnity when the State recovers agricultural land is the synthesis of
legal norms issued by the State to adjust the social relationships arising during the
indemnity process when the State recovers agricultural land, to solve harmoniously the
interests of the State, investors and of the people whose land is recovered”.
1.3.2.2 Characteristics of law on indemnity when the State recovers
agricultural land
The law on indemnity when the State recovers agricultural land as a specific
institution in the State’s land management has some main specific characteristics as
follows:
Firstly, the law on indemnity when the State recovers agricultural land is
influenced and affected by the form of whole population land possession.
Secondly, the indemnity basis in the law on agricultural land recovery is not
only on the actual material damages borne by the farmers when the State recovers
land but also calculates the non-material damages at the recovery time and in the

future that the farmers must encounter.
Thirdly, the law on indemnity when the State recovers agricultural land must
solve harmoniously the conflict between the “public” benefits of the State, of the
society and the “private” benefits of the land users in the land recovery.


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1.3.2.3 Factors affecting the law on indemnity when the State recovers
agricultural land
Party’s point of view, guideline on construction and completion of the land
legal policy in general and the policy, law on indemnity, support when the State
recovers land in particular; whole population’s land possession regime; economic
management mechanism and international integration process.
1.3.3 Adjusted legal structure on indemnity when the State recovers
agricultural land
Firstly, the normative group regulates the indemnity principles and conditions
when the recovers agricultural land.
The indemnity principle when the recovers agricultural land is understood as
the general fundamental provisions, an orientation and a basis for the performance
and application of the detailed provisions on indemnity when the recovers
agricultural land.
The indemnity condition when the recovers agricultural land is the factors that
the land users should have so that they can be indemnified when the recovers land.
The indemnity conditions must be regulated to ensure that the indemnity is fairly,
reasonably, properly performed to the land use reality to protect maximum the
benefits to the land users, to ensure the close strictness in accordance with the law.
Secondly, the normative group specifies the contents of indemnity, support to
the people whose land is recovered.
The indemnity, support contents to the people whose agricultural land is

recovered include the detailed provisions of indemnity scope (that is land indemnity
and damage indemnity of property on land, in the certain cases the State can
support); of indemnity method (the indemnity can be made by agricultural land
having the same use purpose with recovered land or by money equivalent to the
recovered agricultural land use right value); of land price to be indemnified,
calculated under the land price frame stipulated by the State correspondingly to the
types of recovered land, at the land recovery time.
Thirdly, the normative group states the indemnity order, procedure to the
people whose land is recovered.
Fourthly, the normative group stipulates the resolution of claims, denouncements
relating to the indemnity, support when the State recovers agricultural land. The
recovered land people if not agreeing with the indemnity, support decision, have the
right to make claims, denouncements to the competent authorities.
1.4 Formation and development history of the law on indemnity when the
State recovers agricultural land
1.4.1 Stage before the issue of the Law on land of 1993
1.4.2 Stage from the issue of the Law on land of 1993 to before the issue of
the Law on land of 2003
1.4.3 Stage from the issue of the Law on land of 2003 to now
The Law on land of 2003 reserves item 4 chapter 2 to stipulate the land
recovery and indemnity when the State recovers land with many important
amendments, supplements, attached with quite a lot of implementation guiding
documents, in which emphasizing the harmonious resolution point of view of the


14

benefit of the State, land users and investors, heightening the open and transparent
principle in the land recovery… At this moment, these issues were recognized at
chapter VI Law in land of 2003 (from Article 61 to Article 94).

In summary: The development process research of the indemnity provisions
when the State recovers land through the periods indicates that our State always
cares about the amendment, supplement and completion of the legal system of this
sector to meet the practical requirement and to protect more and more the legal
rights and benefits of the people whose land is recovered and the common benefits
of the community in the land use for the security, defense, national benefit, public
benefit, socio-economic development purposes.
1.5 Experiences and legal reality of some countries in the world on indemnity
when the State recovers agricultural land and suggestions to Vietnam
1.5.1 Experiences of China
1.5.2 Experiences of Korea
1.5.3 Experiences of Singapore
1.5.4 Some suggestions to Vietnam during the construction and completion
process of the law on indemnity when the State recovers agricultural land
Firstly, it needs to grasp thoroughly the principle that the person who uses
land is responsible for the indemnity, to associate the entitled benefits with the
responsibilities to be done and to create a justice in the land recovery, this was
performed by the countries.
Secondly, Vietnam should determine an appropriate land valuation model to construct
a professional land valuation agency, of independence to work objectively, correctly.
Thirdly, when implementing the indemnity work, it should pay special
attention to solve the social issues to the recovered agricultural land people; because
generally, due to the specific objective and subjective conditions, the farmers are
difficult to find an appropriate job to their capacity.
Fourthly, even in Korea, land is under the private possession, but because land
is a type of public property, if land is used in the general purposes such as defense,
security, national benefit, public benefit…. The State still reserves the right to
recover land.
Conclusion of Chapter 1
1. Agricultural land is a special production material, can not be replaced in the

agricultural production. For our country, agricultural land plays a particularly
important position on a lot of politic, economic, social and environmental aspects in
the condition where 70% of the population are farmers.
2. Our country is in the industrialization, modernization promotion process to
achieve the target to 2020 to become basically an industrial country under the
modern direction. The land recovery in general and the agricultural land recovery in
particular is unavoidable to solve the land issue required by the country’s
industrialization and modernization.


15

3. The agricultural land recovery influences directly the farmers’ benefits and
causes the adverse consequences to them such as no production land, life falling into
difficult situation,… In order to solve the negative consequences caused by the
agricultural land recovery to the land users, the State is responsible to perform the
indemnity when recovering agricultural land. The indemnity provisions when the
State recovers land are constructed and promulgated to create a legal basis for the
actual implementation. Because the agricultural land recovery is a difficult,
complicated issue, the indemnity institution when the State recovers agricultural
land often amended, supplemented and completed in accordance with the
requirement of the country development reality.
In addition, in the market economic condition and international integration, the
reference, acquisition of experiences of the countries during the construction and
completion process of the law in general and of the law on indemnity when the State
recovers agricultural land in particular are very necessary; because, the construction
of the law in the market economy is still a relatively new issue in our country,
meanwhile, the countries which have a developed market economy reached many
useful experiences of this issue.
Chapter 2

REAL SITUATION OF THE LAW ON INDEMNITY WHEN
THE STATE RECOVERS AGRICULTURAL LAND
2.1 Content of law on indemnity when the State recovers agricultural land
2.1.1 Content of legal provisions on indemnity principles when the State
recovers agricultural land
According to the provisions of the existing law, the indemnity when the State
recovers agricultural land must comply with the essential principles recognized at
article 14 Decree No. 69/2009/ND-CP dated August 13th, 2009 and article 18 Decree
No. 197/2004/ND-CP dated December 3rd, 2004, details as follows:
Firstly, the recovered land people who have enough conditions in accordance
with the provisions of the law are indemnified; in case of not enough conditions to
be indemnified, the People’s Committee of the central provinces, cities (hereinafter
referred to as Provincial level People’s Committee) considers for support;
Secondly, the State recovers land which has been used by the people into
which purpose, such people are indemnified by assigning new land of the same use
purpose, if no land for indemnity, indemnified by the land use right value calculated
under the land price at the land recovery decision time.
Thirdly, in the event the indemnified land users when the State recovers land
haven’t performed the land financial obligation to the State in accordance with the
provisions provided by the law, it should minus the amount to perform the financial
obligation in the indemnity, support amount to refund to the State’s budget.
Fourthly, the owners who have properties associated with land when the State
recovers and are damaged, are indemnified.


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Fifthly, the State regulates a part of benefits from the land recovery, use purpose
transfer to carry out the support amounts to the people whose land is recovered.
2.1.2 Content of law on indemnity condition when the State recovers

agricultural land
Firstly, the people whose land is recovered by the State desires to be
indemnified only in the event the State recovers land to be used in the defense,
security, national benefit, public benefit purposes and economic development target.
Besides, they must satisfy fully the conditions to be indemnified, that is: to have
land use right certificate or legal paper on land use right or enough conditions to
issue land use right certificate.
Secondly, the law on land anticipated also difficulties, shortcomings in the
indemnity reality when the State recovers agricultural land, caused by the historical
shortcomings. In order to solve these issues, our country’s law assigns the People’s
Committee of the communes, wards, towns where the recovered land is confirmed
on its legal status: used land origin having any disputes or not; appropriate to the
land use planning or not; land use time before or after October 15th, 1993. Therefore,
the opinion of the People’s Committee of the communes, wards, towns is very
important to affect directly the land users who can be indemnified or not when
recovering land. If the land use origin determination of the People’s Committee of
the commune is correct to the land use status and fair, there is no discussion. Vice
versa, if the land use confirmation of the People’s Committee of the commune is not
correct because during a long period of time, we loosed the land management to lead
a loss of land documents, materials or the unfair confirmation due to corruption,
negation…. shall cause disadvantages to the recovered land people and rise
indemnity claims when the State recovers land.
In addition to the indemnity condition provisions when the State recovers land,
the current law on land also mentions in details, clearly the land recovery cases
without land indemnity and without indemnity of property on land.
2.1.3 Content of detailed legal provisions on indemnity of land and
indemnity of property when the State recovers agricultural land
2.1.3.1 Provisions on indemnity of land
- Indemnity methods: The indemnity when the State recovers agricultural land
can be performed under two methods, that is the indemnity by land of the same use

purpose or if no land for indemnity, by money calculated under the land price of the
same use purpose.
- The indemnity land price is the land price under the current use purpose at
the land recovery decision time published by the Provincial level People’s
Committee under the Government’s price frame.
2.1.3.2 Provisions on indemnity of property
When the State recovers agricultural land, the property which can be
indemnified is plants and animals on land.
2.1.4 Content of legal provisions on support to the recovered agricultural
land people


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2.1.4.1 Provision on life stabilization and production stabilization support
when the State recovers agricultural land
2.1.4.2 Provision on career transfer and job creation support when the State
recovers agricultural land
Going deep into understanding the enforcement real situation of the provisions
on career training, transfer to the farmers whose agricultural land is recovered by the
State, some assessments, comments can be proposed as follows:
Firstly, according to the law on land, the households, individuals who directly
produce the agriculture when the State recovers agricultural land without
agricultural land for indemnity are not only indemnified by money but also
supported to transfer career.
Secondly, in the event the people whose agricultural land is recovered are
supported to transfer career, but the career transfer of these beneficiaries are not
supported by money, they are supported by a portion of living land, or an apartment,
or a portion of production, business land.
2.1.5 Content of legal provisions on land recovery order, procedure and

indemnity, support when the State recovers agricultural land
Learning about the enforcement reality of the legal provisions on recovery
order, procedure and indemnity, support when the State recovers agricultural land
shows the following main shortcomings, inadequacies:
Firstly, in terms of the project implementation location introduction and land
recovery notice.
One is that, in terms of the project implementation location introduction: This
content, according to us, the law specifies quite simply and not closely, without
detailed conditions or clear targets for the types of agricultural land to be
transformed in the project, leading that the agricultural land recovery (particularly
land of two rice crops) for the non-agricultural purpose is too easy.
Two are that, in terms of the provision that “the People’s Committee of the
competent level shall notice to recover land right after the investment location
introduction”. This provision contributed to push the land recovery, ground
clearance time schedule, but in the one hand, also expressed very clearly the State’s
right to self-decision.
Secondly, in terms of adjustment, supplement of the land use planning
During this project implementation process, one common reality happens, that
is that, deriving from the essential profits of the investors, the land use planning for
the project is adjusted, supplemented too many times. This causes pressings in the
public opinion and also is the reason for the people to protest against the State’s land
recovery decision.
Thirdly, in terms of land recovery coercion
The Clause 3 Article 39 Law on Land of 2013 specifies the case where the
recovered land people fail to execute the land recovery decision, the People’s
Committee of the competent level to decide the land recovery issues the coercion
decision. The coerced people must execute the coercion decision and have the right


18

to make claims. While the claim resolution decision hasn’t been given, the land
recovery decision must continue to be performed (Clause 2, article 40 Decree 69).
Fourthly, some limitations in the provision on two voluntary and compulsory
land movement mechanisms.
2.1.6 Content of legal provisions on indemnity claim, denouncement
resolution when the State recovers agricultural land
2.2 Some issues set up from the enforcement reality of the law in
agricultural land recovery and indemnity
The practical research on the agricultural land recovery, indemnity, support
and ground clearance in the last time indicates that: In general, the recovered land
area satisfied the socio-economic development target, ensures the local defense,
security. The legal provisions on indemnity, support when the State recovers land
were step by step adjusted, supplemented in accordance with the market economy
management mechanism, ensure better the lawful profits of the recovered land
people. However, going deep into learning about this issue, we can see that some
outstanding negative impacts of the agricultural land recovery and indemnity when
recovering land as follows:
One is that, the agricultural land area is seriously reduced.
Two are that, the farmers lose production material, leading loss of job, but no
chances and not enough conditions to look for a new job.
Three are that, the land indemnity amount was not properly used by the
farmers, so after a period of time, they have nothing in hands, money finishes,
production material is no longer, no job, no income.
Four are that, the development of the industrial parks, urban areas along with
increasingly narrow agricultural area created the labor movement from the
countryside to the city and caused unavoidable socio-economic corollaries.
Five are that, the living environment of the people in the areas where the
industrial parks are constructed is seriously affected.
Conclusion of Chapter 2

1. The law on indemnity when the State recovers agricultural land is an
important legal aspect in the law on land in general, including a lot of legal
institutions adjusting the issues relating to the agricultural land recovery and damage
indemnity when recovering agricultural land.
2. The people whose land is recovered, property on land is damaged shall be
indemnified with land, with property damage. In some certain cases, they are
supported by the State when recovering agricultural land, such as life and production
stabilization support, career transfer and training and job creation support,…
Support to offset the gap in which the indemnity hasn’t comprehensively performed,
so that the recovered agricultural land people quickly overcome the life and job
difficulties when recovering land.
3. Vietnam, a country having over 70% of the population as farming, is in the
integration and development process. Placed in such context, the indemnity when


19

the State recovers agricultural land is a complicated issue and of burning actuality
and has not less than inadequacies, limitations generated because the State’s policy,
law haven’t covered the practical issues, but change continuously, improperly, the
application of the law is arbitrarily done, not seriously…. For example: the
provisions of some indemnity principles are not close, infeasible; the land indemnity
price is still much lower than the market price, therefore not ensuring the benefits to
the land users; the support is inefficiently performed, without a guarantee
mechanism for the career training to the farmers whose land is recovered….
Chapter 3
SOLUTION TO COMPLETE THE LAW AND TO ENHANCE THE
ENFORCEMENT EFFICIENCY OF THE LAW ON INDEMNITY WHEN
THE STATE RECOVERS AGRICULTURAL LAND
3.1 Orientation to complete the law on indemnity when the State recovers

agricultural land in Vietnam
Firstly, the completion of the law on indemnity when the State recovers
agricultural land should base on the Party’s point of view, guideline, policy to
continue to innovate the policy, law on land during the innovation work
comprehensive promotion period, to create a foundation so that to 2020, our country
shall basically become an industrial country under the modern direction.
Secondly, the completion of the law on indemnity when the State recovers
agricultural land must base on the harmonious resolution of the benefits of the State,
enterprises and of the land recovered people.
Thirdly, the completion of the law on indemnity when the State recovers
agricultural land must be placed in the relationship with the completion of the law in
land in general and other relevant laws.
Fourthly, the completion of the law on indemnity when the State recovers
agricultural land must base on the definitive completion of the land use right
certificate issuance together with the modernization of the land survey map system,
documents.
Fifthly, the completion of the law on indemnity when the State recovers
agricultural land must base on the experiences and legal reality of the countries in
the world in this sector.
3.2 Solution to complete the law on indemnity when the State recovers
agricultural land in Vietnam
3.2.1 Solution group to complete the law on indemnity when the State
recovers agricultural land
3.2.1.1 Completion of the legal provisions on indemnity principle when the
State recovers land
3.2.1.2 Completion of the legal provisions on indemnity price determination
mechanism when the State recovers agricultural land
3.2.1.3 Completion of the legal provisions relating to the indemnity conditions
when the State recovers agricultural land

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3.2.1.4 Completion of the legal provisions on the State’s regulation of a part
of benefits from the land recovery, use purpose transfer to perform the support
amounts to the agricultural land users.
3.2.1.5 Completion of the legal provisions on recovery order, procedure and
indemnity when the State recovers agricultural land
3.2.1.6 Completion of the legal provisions on indemnity claim, denouncement
resolution when the State recovers agricultural land
3.2.2 Solution group to complete the legal provisions on job support and
settlement to the farmers when the State recovers agricultural land
3.2.2.1 Completion of the support policies in general
3.2.2.2 In terms of job settlement to the farmers whose agricultural land is
recovered.
3.2.3 Solution group to enhance the enforcement efficiency of the law on
indemnity when the State recovers agricultural land
3.2.3.1 Publicity and transparency promotion of the enforcement process of
the law on indemnity when the State recovers agricultural land
3.2.3.2 Time schedule acceleration and quality enhancement of the land use
right certificate issuance
3.2.3.3 Strengthening of the legal education propagation, popularization work
on land in general, as well as of the law on indemnity when the State recovers
agricultural land in particular to the staff and people, from that, creating the
people’s consensus when the State recovers land.
3.2.3.4 Strengthening of the violation inspection, verification, supervision and
settlement in the performance process of the provisions on land recovery order,
procedure, indemnity, support when the State recovers land.
3.2.3.5 Serious performance of the land use planning, plan preparation work;
strengthening of inspection, verification, supervision of land use planning, plan

preparation.
Conclusion of Chapter 3
1. The completion of the law on indemnity when the State recovers
agricultural land is an objective requirement in Vietnam. The requirement proposed
for the completion of the law at once has the proper, appropriate orientation
solutions and the detailed practical solutions, to carry out the following targets:
Firstly, to overcome the existing limitations, inadequacies affecting negatively the
indemnity when the State recovers land in our country at this moment; Secondly, to
orient toward the construction of the perfect legal system on indemnity when the
State recovers agricultural land in Vietnam.
2. The completion of the law on indemnity when the State recovers
agricultural land in Vietnam is a difficult and complicated task, requires a process
and not only needs a correct orientation but also have feasible practical solutions,
together with the efficient implementation organization of the proposed solutions in


21

the real life. The legal system on indemnity when the State recovers agricultural land
is strict, appropriate; but shall not be easily implemented in the life and promote the
efficiency if without active support and participation of the intermediate institutions.
Therefore, in addition to enhancing the responsibility spirit, professional ethics and
professional qualification fostering to the staff of the legal enforcement agencies, the
law requires to determine clearly, in details the function, duty, power, responsibility
coordinated between the agencies; to define clearly the liability of each entity when
performing its duty.
3. Based on analyzing the content of the legal provisions, as well as assessing
the legal application real situation as carried out in chapter 2; from that, to withdraw
the limitations, inadequacies to be completed. The Chapter 3 proposes the scientific
interpretations for the necessity of the completion of the law, as well as the

completion orientation of the law on indemnity when the State recovers agricultural
land. From that, the Thesis recommends some solutions to complete the law under
three groups:
Solution group to complete the law on indemnity when the State recovers
agricultural land:
This content mentions the solutions to complete the legal provisions on
indemnity principle when the State recovers agricultural land; on indemnity land
price determination mechanism; on procedure, recovery and indemnity order when
the State recovers agricultural land; on claim, denouncement resolution when the
State recovers agricultural land.
Solution group to complete the legal provisions on job support and settlement
to the farmers when the State recovers agricultural land
The solution for this issue should focus on some following essential aspects:
- When performing the support, it needs to distinguish clearly two groups of
objects, that is that: group of farmers in the working age and group of farmers out of
the working age, so the appropriate and efficient support plan shall be proposed.
- When recovering agricultural land, it should pay attention to the career
training to the farmers, career training that the enterprises need to associate the
career training with the job settlement; on the other hand, the enterprises are
requested to execute seriously the arrangement policy of the labor to work in the
enterprises and to have a control mechanism this issue implementation.
Solution group to enhance the enforcement efficiency of the law
This content focuses on some main solutions as follows: Publicity and
transparency promotion of the enforcement process of the law on indemnity when
the State recovers agricultural land; Time schedule acceleration and quality
enhancement of the land use right certificate issuance; Strengthening of the legal
education propagation, popularization work on land in general, as well as of the law
on indemnity when the State recovers agricultural land in particular to the staff and
people, from that, creating the people’s consensus when the State recovers land;
Serious performance of the land use planning, plan preparation work; strengthening

of inspection, verification, supervision of land use planning, plan preparation,


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particularly the agricultural land use planning for the non-agricultural purpose
should be carefully considered.
CONCLUSION
The indemnity, support, resettlement when the State recovers land in general
and the indemnity when the State recovers agricultural land in particular is a
complicated issue and of burning actuality, attracted by whole society’s attention;
affects directly the people’s life, psychology and impacts not less the political
stability. With the target to strengthen comprehensively the innovation work, to
create the foundation to 2020, our country shall basically become an industrial
country under the correct direction, we must perform the country’s industrialization
and modernization. In order to solve the land problem to meet the country’s
industrialization and modernization, the transfer of a part of agricultural land into the
non-agricultural purpose through the State recovers land is unavoidable. However,
this work causes a lot of consequences if they are not definitively solved on time,
long disputes and claims shall arise and the political instability risk is potential. The
law on indemnity when the State recovers land in general and the law on indemnity
when the State recovers agricultural land in particular is born to create the legal
basis for the agricultural land recovery and the harmonious resolution of the relevant
parties’ benefits: Benefits of the State, benefits of the recovered land people and
benefits of the agricultural land users for the other purposes. On the basis to learn
about the theoretical issues on the law on indemnity when the State recovers
agricultural land in Vietnam at Chapter 1; reality assessment on the law and
orientation, solution recommendation to complete the law on indemnity when the
State recovers agricultural land in Vietnam at Chapter 2 and Chapter 3, the Thesis
draws some following main conclusions:

1. The agricultural land recovery only is carried out in the necessary case to
use in the defense, security, national benefit, public benefit purposes and the
country’s general economic development target specified in details by the law on
land at Article 39, Article 40 Law on Land of 2013 and relevant implementation
guiding documents.
2. The State’s agricultural land recovery used in the defense, security, national
benefit, public benefit purposes and the country’s general economic development
target is not caused by the land users’ fault but originated from the society’s
objective demand. Therefore, the State as the powerful political organization
established by the society, on behalf of the society, is responsible to compensate the
people whose land is recovered. This is not only the liability but also the State’s
social responsibility.
3. The State’s agricultural land recovery causes heavy consequences to the
land users. They lose production material, become the people without job, their
income is reduced and they fall into the family life situation of many difficulties. In
order to ensure the agricultural land users’ rights and benefits, the law on indemnity


23

when the State recovers agricultural land not only mentions indemnity of land
(indemnity of actual recovered land area), indemnity of property associated with
recovered land but also specifies the support to the agricultural production direct
people who lose agricultural land, support in career training, transfer, difficult life
support caused by production land loss.
4. The law on indemnity when the State recovers land (including law on
indemnity when the State recovers agricultural land) develops strongly since the
Law on land of 1993 and implementation guiding documents were born. This legal
sector is often reviewed, amended, supplemented and completed in accordance with
the reality. The system of the current land legal documents, including Law on Land

of 2003; Decree No. 181/2004/ND-CP dated October 29th, 2004; Decree
197/2004/ND-CP dated December 3rd, 2004; Decree No. 84/2005/ND-CP dated May
25th, 2005, Decree No. 69/2009/ND-CP dated August 13th, 2009,… and now Law on
Land of 2013, created a legal basis for the indemnity, support, resettlement when the
State recovers land in general and the indemnity when the State recovers agricultural
land in particular to be efficiently done.
5. Approaching, learning about the law and legal reality on indemnity of
China, Korea and Singapore when the State expropriates agricultural land indicate
some useful open suggestions to Vietnam during the construction and completion
process of the law on indemnity when the State recovers agricultural land, details as:
(i) The law of China pays special attention to the life guarantee to the farmers who
lose production land in the working age; for the recovered agricultural land people
out of the working age or nearly out of the working age, they are entitled to receive
support money through the unemployment compensation fund; (ii) The land
recovery in Korea is performed on the community’s consultation from the recovered
land people under the relative consensus principle; so receives the people’s support.
The indemnity based on the land price determined by the land valuation professional
agency on the average addition principle of land price between the land valuation
professional agencies is defined; (iii) In Singapore, the public, transparent and
democratic principle is heightened in the land recovery and indemnity to the people
whose land is recovered,…
6. The real situation assessment of the law on indemnity when the State
recovers agricultural land in Vietnam shows that in addition to the obtained results,
the enforcement of this legal sector still reveals some following key limitations: (i)
The indemnified land price determination under the land price list specified and
published by the provincial level People’s Committee on October 1st annually is not
appropriate; because this price list often is lower than the actual land use right
transfer price on the market in the normal conditions so the recovered land people do
not agree; (ii) The indemnity price which is the land price determined at the time
where the competent agency gives the land recovery decision is not reasonable;

because at this time, the recovered land people fail to receive indemnity amount but
after a period of time, they can receive money due to delayed, troubled
implementation procedures; (iii) The career training and transfer support to the