Pháp luật về bồi thường khi nhà nước thu hồi đất tt tiếng anh

MINSTRY OF EDUCATION AND TRAINING

MINSTRY OF JUSTICE

HANOI UNIVERSITY OF LAW

NGUYEN VINH DIEN

THE LAW ON COMPENSATION FOR LAND
RECOVERY BY THE STATE

Specialty: Economic law
Code: 9380107

Summary of Doctoral thesis on law

HANOI - 2019


The work has been completed at Ha Noi Law University

Supervisors:

1. Assoc. Dr. Nguyen Quang Tuyen
2. Dr. Tran Quang Huy

Reviewer 1:

Reviewer 2:

Reviewer 3:

The Thesis was defended at the Doctoral Thesis Evaluation Council at
University level, meeting at Ha Noi Law University at date ...../...../2019.

The Thesis can be found at National Library of Vietnam
and Library of Ha Noi Law University


1
INTRODUCTION
1. The need for research
In Vietnam, the compensation regime, when the state acquires land, is one of
the basic legal provisions of the land law. This legal regulation was created with the
purpose of protecting the lawful rights and interests of land users when the State
recovers land, creating a legal basis for land recovery for national defense and security
purposes, socio-economic development for the sake of the nation and the public.
However, in reality, the application of the compensation regime when the State
recovers land faces many difficulties and challenges. This is because it affects the
practical interests of the people in general and of land users in particular. There is not
in all cases that the implementation of the law on compensation when the State
recovers land also treats and resolves harmoniously the interests of the state, investors
and the interests of owners and occupants of the land to be acquired. Disagreement of
people having land recovered for compensation, support and resettlement plans when
the State recovers land from many causes, including the basic cause is the provisions
of law. Current compensation when the State recovers land is not in line with the
practical requirements even though this regulation is often amended and
supplemented.
The 2013 Land Law was promulgated on the basis of reviewing and evaluating
the appropriate and unsuitable regulations of the 2003 Land Law to make necessary
amendments and supplements. However, until now after a period of implementation,

the 2013 land law has revealed certain inadequacies, including the provisions on
compensation when the state recovers land. Land acquisition and compensation when
the state acquires land is still a hot issue. Disputes and complaints have arisen from the
practice of applying the compensation regime when the State recovers land accounting
for the largest number (70%) in disputes and complaints about land. Complaints about
land acquisition and compensation when the state recovers land arise in localities
throughout the country. In many cases, people whose land is acquired do not believe in
the compensation policy that the local authorities apply, do not trust the settlement of
complaints at the grassroots level, leading to large complaints to central agencies. The
content of disagreements between the person whose land is recovered and the
competent state agencies is not outside the basic issues of compensation regulations
when the State recovers land such as the basis of land recovery, compensation price,
types of land to be compensated, supported, and resettled ... In these disagreements
and claims, land compensation is always the most central, sensitive and complicated
issue. Because all rights of people whose land is acquired are always attached to land,
derived from the land and are the basis of other compensation and support benefits. On
the other hand, land is a valuable asset, a living space, a means of production and is
associated with spiritual and religious life, so most of the land users do not want to be
revoked, leading to life. have been turned upside down, interests have been affected,


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and thus aroused opposition to land acquisition. Moreover, land-use of people is often
volatile; Meanwhile, the state management of land is not strict, the database of land,
land registration, and land-attached assets are still limited, which is also the cause of
long and complicated complaints. It can be said that where there is land acquisition,
there are complaints about the land. These complaints show that current regulations of
law do not meet practical requirements, do not effectively protect the legal rights and
interests of people whose land is acquired, and hinder economic development - social,
potentially causing political - social instability.

The amendments and supplements of the 2013 land law, obviously, still reveal
many inadequacies and have not played an important role in ensuring the legitimate
interests of people whose land is acquired and ineffective. The problem of ensuring the
harmonization of interests of the state, investors, and people whose land is recovered,
has not "cooled" the lawsuits and has not promoted all the positive effects in ensuring
the use of land resources. and promote socio-economic development, ensure political
security and social order and safety.
The above issues pose an urgent need to continue systematically and
adequately researching the theoretical and practical laws on compensation when the
State recovers land, especially compensation law to assess comprehensively, find
the cause of the existence to have effective solutions to contribute to perfecting the
law on compensation when the State recovers land and improving the enforcement
efficiency in practice. With that in mind, the doctoral candidate chooses to study the
topic "The law on compensation for land recovery by the State" as a doctoral thesis in
jurisprudence.
2. Research scope
- Content limitations
i) studying and understanding the regulations on compensation when the State
recovers land for national defense and security purposes; socio-economic development
for the national and public interests of the 2013 land law and its implementing
documents; ii) study and assess the status of the law on compensation for land when
the State recovers land without mentioning the issue of compensation for damage to
properties attached to land; support issues, resettlement, etc.
- Spatial limitation
The thesis studies the practical implementation of the law on compensation
when the State recovers land nationwide.
- Time limitation
The thesis limits the legal research on compensation when the State recovers
land from 2003 (the year of promulgation of the 2003 Land Law up to now).
3. The scientific and practical meaning

In terms of theory: the thesis contributes to clarify some theoretical issues
related to land acquisition and the law on compensation when the state recovers land.
On that basis, the thesis contributes to strengthening and completing the theoretical


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basis for compensation when the State recovers land and the law on compensation
when the State recovers land in Vietnam.
In practical terms: the inadequacies are pointed out in the current regulations on
compensation when the State acquires land and the recommendations of the thesis can
be considered and referenced in amendments, supplements, completing the 2013 land
law in the coming time; At the same time, it contributes to improving the efficiency of
law enforcement on compensation when the State recovers land from competent state
agencies and people whose land is recovered. The thesis is a useful reference not only
for lawmakers, for the contingent of state officials on land but also as a valuable
reference for legal training institutions in our country.
4. New contributions of the thesis
- Systematize, supplement, develop and deepen the theoretical basis of
compensation when the State acquires land and the law on compensation when the
State acquires land in Vietnam.
- Clarify the concept and characteristics of compensation when the State
recovers land; purpose and meaning of compensation when the State recovers land;
identify damages when the state acquires land; benefits and basis of dealing with
benefits arising when land is recovered by the state; Factors affecting the formulation
and improvement of the law on compensation when the State acquires land.
- Assessing the status of land compensation law when the State recovers land in
our country today, thereby pointing out the inadequacies of the current law as well as
the actual situation of application; causes of inadequacies and limitations.
- Provide directions and specific solutions to improve the law and improve the
efficiency of enforcement of the law on land compensation when the State recovers

land in our country.


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CHAPTER 1
LITERATURE REVIEW AND THEORETICAL BASIS
Literature review
Firstly, constructions have been developed with the concepts of land
acquisition, the concept of requisition, expropriation, and expropriation; concept of
compensation when the State recovers land, support when the State recovers land;
resettlement concept; differentiate and compare compensation when the state recovers
land with compensation in civil, labor, and state liability compensation; distinguish
between land acquisition and expropriation and expropriation.
The above concepts are mainly developed, analyzed and compared by the
authors on the basis of analysis and access to land law in 2003, civil law in 2005.
However, the current land law in 2013 has enacted and came into effect, the 2015 civil
code takes effect from 01/01/2017, so it is necessary to approach and build these
concepts on the basis of 2013 land law research, civil code 2015.
Secondly, previous researches have studied a number of theoretical issues about
compensation for damages when the state acquires land, which is the theory of
compensation when the state acquires land on the basis of the entire land ownership
regime, the preeminent nature of our state is that of the people, by the people and for
the people; Factors governing the law on compensation when the state acquires land.
These studies are important for the author to refer to and inherit in the course of his
thesis research.
However, these researches have not approached thoroughly from the theory of
material and property rights to answer the question why land is owned by the entire
people, the state is the representative of the owner, the state only granting land use
rights to land users for stable, long-term rather than giving land ownership, but why
the state must pay compensation when reclaiming land.

Thirdly, these researches that identify losses upon land acquisition must be
compensated as actual and visible damages, including damage to the acquired land,
damage to properties attached to the acquired land. withdrawal, damage due to loss of
jobs, damage due to relocation, relocation of houses. However, there are actual
damages but not currently prescribed by law to compensate such as environmental
impacts, cultural space, spiritual life, beliefs, religions of the local communities.
Therefore, it is necessary to have further research on land acquisition.
Fourthly, these researches show a number of shortcomings in the content of the
law and the reality of the application of regulations on compensation, support, and
resettlement when the State recovers land. However, most of these works studied the
regulations on compensation when the state acquired land and the reality of
application under the 2003 land law and documents guiding the implementation of the
2003 land law. In 2013, and the implementing instructions were issued in the spirit of
inheriting the 2003 land law with many amendments and additions but still revealed


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many limitations that need to be further completed.
Fifthly, at different scales and levels, many projects have proposed solutions to
improve the efficiency of enforcement and improve the law on compensation when the
State recovers land. Most of the recommendations were based on the analysis of the
limitations of the 2003 land law and the 2003 implementing laws on land law.
Accordingly, a number of recommendations were agreed and wrote in 2013 Land
Law. However, 2013 Land Law and documents guiding the implementation of 2013
Land Law were issued but the actual number of disputes and complaints related to
compensation when the state acquires land is still very hot and the number of
complaints has not decreased. This has the potential to take advantage of bad forces to
cause political instability, social order, and safety. Therefore, this issue also needs to
continue researching and proposing complete solutions.

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CHAPTER 2
THEORY OF COMPENSATION IN LAND ACQUISITION BY THE STATE
AND LEGISLATION ON COMPENSATION FOR
LAND ACQUISITION IN VIETNAM
2.1. Theory of compensation in land acquisition by the state
2.1.1. Concept and characteristics of land acquisition
2.1.1.1. The definition of Land acquisition:
Land acquisition is the decision of the State to reclaim land use rights of a
person who is given land use rights by the State when falling into the cases and in the
order and procedures prescribed by law.
2.1.1.2. Characteristics of land acquisition
Firstly, land acquisition is done by the state. Only the state is the only agency to
carry out land recovery of land users; Secondly, land acquisition is an imperative
administrative decision; Thirdly, land acquisition is carried out in cases prescribed by
law, except for these cases, the State may not recover land; Fourthly, the land
acquisition must be made in writing according to the order and procedures prescribed
by law; Fifthly, the consequences of land acquisition will end the land use right, cause
the people who have land recovered certain damages and establish the state's
responsibility for these damages.
2.1.2. The concept, characteristics, purpose and meaning of compensation
when the state acquires land
2.1.2.1. The concept and characteristics of compensation when the state
acquires land
* The concept of compensation when the State recovers land:
Compensation when the State recovers land is the state's return of land use right
value, compensation for property losses associated with land and other losses to the
State. people whose land is recovered for use for national defense and security
purposes, socio-economic development for the sake of the nation and the public.

* Characteristics of compensation when the state acquires land
Firstly, land acquisition is done by the state. Only the state is the only agency to
carry out land recovery of land users; Second, land acquisition is a compulsory
administrative decision; Thirdly, land acquisition is carried out in cases prescribed by
law, except for these cases, the State may not recover land; Fourthly, the land
acquisition must be made in writing according to the order and procedures prescribed
by law; Fifthly, the consequences of land acquisition will end the land use right, cause
the people who have land recovered certain damages and establish the state's
responsibility for these damages.
2.1.2.2. Distinguish compensation when the state recovers land from a number of
other compensation cases, including discrimination between compensation when the state
recovers land and compensation for damage outside contract; with requisition


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compensation, expropriation, and with the state's liability under the state's liability law.
From the comparison of the above types of compensation, we see that
compensation when the state acquires land has not solved the following issues:
(i) The compensation
In compensation for non-contractual damages, compensation for land
requisition, and compensation for state responsibility, the compensation to be
compensated is in whole and in fact. This means the person affected shall have any
damages if there are grounds to prove that they will be compensated. Meanwhile,
damages that are compensated when the State recovers land include damage to land,
remaining costs of investment in land, assets, losses of production and business, and
damage to expenditures. fee of transport. Other damages are intangible and other
actual losses not compensated, such as loss of income, loss of employment.
(ii) The price of compensation
Land use rights when being damaged in the above-mentioned compensation
cases are all property and valuable assets of land users. In essence, the land use right is

damaged when it is requisitioned, requisitioned, or damage is caused by the official on
duty and when the state recovers the land without any difference, it loses the land use
right. However, the price of land and the price of land for compensation are different,
which makes no sense. Accordingly, if the State buys land, the price of land is
determined according to the market price, compensation for land requisition and
compensation for state responsibility is also determined at market price but
compensation when the State collects land. The land is recovered not at market price
but at specific land prices.
2.1.2.3. Methods of compensation for land when the State recovers land
i) Compensation by new land allocation
This is considered a "land-for-land" method, ie, when the State recovers land,
compensation will be made by land to the person whose land is recovered. This
compensation method brings many benefits to land users.
ii) Monetary compensation
This is a common compensation method nowadays. This method is applied
when the land fund is no longer available for compensation. In many cases, monetary
compensation will adversely affect the rights of people whose land is recovered and do
not best protect the property rights of land users.
iii) Compensation by resettlement policy
Resettlement is the compensation made with residential land in resettlement areas
or houses for resettlement to create new houses for people whose land is recovered.
Compensation by resettlement has advantages such as land compensation method.
2.1.2.4. The purpose and meaning of compensation in the case of Land
Acquisition by the State
Firstly, the compensation when the State recovers land in order to return the lost
land use rights to the land users, compensate the land users for their labor achievements


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and investment results being damage due to land acquisition, thereby contributing to the

implementation of the rights of land users recognized and protected by law.
Secondly, the compensation regime, when the State acquires land, not only
guarantees the lawful rights and interests of land users but also contributes to
maintaining political stability, social order, and safety, meeting national defense and
security requirements.
Thirdly, through compensation when the State recovers land, it helps cadres and
civil servants carry out the compensation work to raise the awareness of serving the
people, respect and listen to their opinions and feelings.
Fourthly, solving the compensation well when the State recovers land
contributes to the implementation of great economic and social policies of the Party
and the State through harmoniously resolving the interests of the State and land users
and investors.
Fifthly, resolving the compensation well will create a high consensus of the
people, the consensus of the society towards the guidelines and policies on socioeconomic development of the party and the state, thereby contributing to Part of
increasing the attractiveness of the investment environment in Vietnam.
Sixthly, to a certain extent, it can be seen that compensation when the state
recovers land also contributes to the economic restructuring and career change of
farmers.
2.1.3. Damage when the state recovers land and the problem of solving
benefits arising when the state recovers land
2.1.3.1. Damage when the state recovers land
(i) Tangible damage
These are direct visible losses, which are quantitative and easily calculated and
identified, including damage to land; damage of the remaining land investment costs;
damage to moving remains and graves; damage to properties attached to land; damage
due to relocation of properties; damage due to home renovation or repair; damage to
cattle.
(ii) Invisible damage
These are damages not seen directly, not perceived visually. However, these
damages not only affect material benefits but also negatively affect the spiritual life of

people who have their land acquired and their families. Intangible damages that may
arise at the time of land acquisition, may also affect long-term life, including loss of
life stability, production disruption, lost employment, income is lost or reduced;
damage caused by safety corridors when constructing works with safety protection
corridors; damage to living space, cultural space, spirituality, religion, religion;
Damage to the values of ancient buildings.
2.1.3.2. Resolve benefits arising when the state acquires land
When land is acquired, there will be benefits of the state, investors, people
whose land is acquired and who do not have land recovered but will benefit from the


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land acquisition. The harmonious identification and resolution of these beneficial
relationships are of great importance in the implementation of the principle of equity
among land users, ensuring that the compensation of the land users is compensated. It
is worthwhile implementing effectively the process of land acquisition and
compensation, ensuring effective land use, promoting the potential and resources of
the land, and regulating this added value to compensate the national budget.
2.1.4. The theoretical basis for compensation when the State acquires land
2.1.4.1 The Party's lines and views on compensation when the state recovers land
Each time, our party always sets out important policies on land in general and
compensates when the state recovers land in particular. These policies express the
views of the party and are the basis, a prerequisite for the formulation and
promulgation of regulations on land in general, and compensation when the state
recovers land in particular.
2.1.4.2. All-people ownership of land regime
In both theoretical and practical terms, the concept of "land ownership" and the
concept of "land use rights" have been formed in our country. Land use rights have
been separated from ownership rights, whereby the land ownership rights belong to
the entire people of whom the State is the representative of the owner and land users

are entitled to land use rights. Although there is no absolute ownership of all three
powers: the right to possession, the right to use, and the right to dispose of land, the
land use right is the property of the land users and is associated with the all-people
ownership of land regime. Therefore, when the State recovers land from land users to
use for national defense, security, national and public interests, land users are
compensated.
2.1.4.3. Protection of property rights of persons with lawful land use rights
revoked by the State
Although the land is owned by the entire people, when land-use rights are
granted to land users, it is the property of land users with specific powers recognized
and protected by law. Therefore, the state is only revoked in certain cases. As the
property of land users, when the State recovers land for national defense and security
purposes; For socio-economic development for the sake of the nation and the public,
the state must pay compensation.
2.2. Legal theory of compensation when the state recovers land
2.2.1. The concept and characteristics of the law on compensation when the
state recovers land
2.2.1.1. Legal concept of compensation when the state acquires land
The law on compensation when the State recovers land is a combination of laws
issued by the State and ensured by the coercive force of the state to regulate the social
relations that arise when the state land acquisition.
2.2.1.2. Characteristics of the law on compensation when the State recovers land
Firstly, the law on compensation when the State recovers land is governed by the


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whole-land ownership regime; Secondly, the basic point of the law on compensation
when the State recovers land is to resolve the conflict between having to protect the land
users' property rights over land use rights and having to recover land for defense and
security needs, socio-economic development associated with ensuring the

harmonization of interests of entities participating in this legal relationship; Thirdly, the
law on compensation when the State recovers land in our country is built and completed
in the context of frequent changes in land use but ineffective land management.
2.2.2. The structure of the law on compensation of land when the State
recovers land
For compensation on land when the State recovers land, the legal structure of
adjustment is as follows:
Firstly, general provisions on compensation for land when the State recovers
land, including provisions on the scope and subjects to be compensated for land when
the State recovers land; regulations on grounds of land acquisition; regulations on the
principle of compensation for land when the State recovers land; provisions on
conditions for compensation for land and cases of non-compensation for land.
Secondly, specific regulations on compensation for land when the State recovers
land, including provisions on compensation for agricultural land, compensation for
non-agricultural land and compensation for some cases such as (i) compensation for
remaining land investment costs, compensation for land use rights, (ii) compensation
in case the actual measurement land area is different from the area stated in the land
use right papers land, and (iii) compensation for land in the safety corridor when
constructing works having protection corridors.
2.2.3. Criteria for evaluating compensation law when the State recovers land
Firstly, openness and transparency; secondly, fairness and equality; Thirdly, the
purpose of land acquisition must be for the national and public interests; Fourth, to
ensure contributing to social and political stability, meeting the requirements of socioeconomic development, defense, security, and international integration; Fifthly, the
person whose land is acquired must have a life equal or better before the land is
recovered; Sixthly, fully identify damages and damages must be compensated in whole
and in fact.
2.2.4. Factors affecting the development and improvement of compensation
law when the state acquires land
Firstly, Party's viewpoints and guidelines; secondly, the whole-land ownership
regime; thirdly, the role of land in Vietnam; fourthly, the process of state management

of land; Fifthly, international integration and reference to the foreign legal system.


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CHAPTER 3
THE REALITY OF THE APPLICATION OF LAND COMPENSATION LAW
WHEN THE STATE ACQUIRES LAND IN VIETNAM
3.1. General provisions on compensation for land when the State recovers
land and practices apply
3.1.1. Scope and subjects of land compensation when the State recovers land
Scope and subjects of compensation are land users whose land is recovered for
national defense and security purposes; socio-economic development for the sake of
the nation and the public.
3.1.2. Grounds for land recovery for national defense and security purposes;
socio-economic development for the sake of the nation and the public
Land acquisition for national defense and security purposes; socio-economic
development for the sake of the nation and the public on the basis of: the project
belongs to the cases of land recovery stipulated in Articles 61 and 62 of the 2013 Land
Law; annual district-level land use plans approved by competent state agencies; land
use progress of project implementation.
The current regulations on urban embellishment and rural residential
embellishment projects have not been explained and provided for in the implementing
documents, so there are many different interpretations and are easily exploited to
recover land. private land, affecting the interests of land users, which is prominent to
take land to subdivide the sale of land, build houses and commercial areas, services to
sell profits to the private.
3.1.3. The principles of compensation on land when the State recovers land
Compensation for land when the State recovers land must ensure the following
principles:
Firstly, land users are compensated when they meet all the conditions specified

in Article 75 of the Land Law 2013.
Secondly, compensation is made by allocating land with the same use purpose
as the type of recovered land, if there is no land for compensation, compensation will
be made in cash.
The implementation of the land compensation principle faces the following
difficulties:
(i) There is no land for compensation or if so, in some cases the value of the
land compensated with the recovered land is not equivalent; (ii) The regulation that in
the case of no available land, it will be compensated with money is unreasonable; (iii)
Due to the strict process of state management of land over each period, especially
when the land user arbitrarily changes the land use purpose without permission of the
competent authority nor be prevented, dealt with; (iv) The current situation to
determine the type of land in many cases cannot be accurate because the land user
changes the land use purpose for a parcel of land, leading to the current and frequent
changes in land use status short time for each status change.
Thirdly, the land price used for calculating compensation is the specific land
price of the type of land to be recovered decided by the provincial-level People's


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Committee at the time of land acquisition decision.
(i) Land prices in general and specific land prices serve as a basis for
compensation when the State recovers land in particular, which is not suitable for
common land prices in the market, in particular much lower than market prices; (ii)
The provision of the difference between specific land prices for compensation when
the State acquires land and compensation prices through voluntary land transfer is not
appropriate; (iii) There exists a mechanism of "going to night" between the investor,
the construction contractor and the person whose land is recovered in case of a person
who agrees with the compensation price of land, and some disagree; (iv) The
determination of specific land prices is heavily influenced by the will of the State, the

consultancy unit determines that the price is not highly independent, people whose
land is acquired are not involved in the valuation process; (v) The survey and
gathering of information of at least 03 parcels of land similar to the land plot to be
priced from winning bid sources, market land prices from the database of land and
land prices successfully transacted. on real estate trading floors and successful
transactions on the transfer market provided by the assignee or transferor when
applying the direct comparative pricing method, the deductible valuation method is
accurate not high, sources of information gathered dishonestly leading to inaccurate
pricing; (vi) The specific land prices in many places decided by the district People's
Committees through the authorization mechanism create conflicts in the law
enforcement process; (vii) It is not clear which party is responsible in the event that
the land price changes at the time of payment and at the time of the decision to recover
the land in the case of a decision on land recovery, the decision to approve a
compensation plan is cancel.
Fourthly, the compensation when the State recovers land must ensure
democracy, objectivity, fairness, publicity, timeliness and lawfulness.
3.1.4. Conditions for compensation for land and cases of non-compensation
for land
3.1.4.1. Conditions for compensation of land
Firstly, the land user has a land use right certificate; certificate of house
ownership and land use right; certificates of land use rights, ownership of houses and
other land-attached assets (collectively referred to as certificates) or land eligible for
being granted certificates of land use rights and ownership of houses and other
properties associated with land under the 2013 land law that have not been granted
will also be compensated; Secondly, the conditions for compensation are tied to the
financial obligations that land users have fulfilled; Thirdly, residential land, religious
and religious establishments will only be compensated for land if the acquired land is
not land allocated or leased by the State.
3.1.4.2. Cases of no compensation for land acquisition
Firstly, the land allocated by the State does not collect land use fees, except

where the land is allocated to households and individuals directly engaged in
agriculture, forestry, aquaculture or salt production within the prescribed limits.
Article 129 of the 2013 Land Law; Secondly, land allocated by the State to
organizations that use land use levies but are exempted from land use fees; Thirdly,


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land leased by the State with annual rental payment, land leased by the State with oneoff rental payment for the entire lease period but exempted from land rental, except for
cases where households and individuals use it land leased from the implementation of
policies toward people with meritorious services to the revolution; Fourthly, land
belongs to public land fund of communes, wards and towns; Fifthly, land contracted
for agriculture, forestry, aquaculture, and salt production; Sixthly, land allocated by the
state for management; Seventhly, the land is ineligible for a certificate of land use
right, ownership of houses and other land-attached assets in accordance with the 2013
Land Law, unless the agricultural land has been used. Using land before July 1, 2004,
land users are households or individuals directly engaged in agricultural production
but do not have certificates or are not eligible to grant certificates of land use rights or
ownership rights. housing and other properties associated with the land in accordance
with the 2013 land law.
3.2. Specific provisions on compensation for land when the State recovers
land and practices apply
3.2.1. Compensation for agricultural land
Persons whose agricultural land is recovered shall be compensated when all
conditions prescribed are met. Compensation is made by land or cash depending on
the local land fund. Compensation practice when recovering agricultural land still has
the following shortcomings:
Firstly, there is no agricultural land for compensation; Secondly, the price of
agricultural land is too cheap, not commensurate with the great and long-term value of
agricultural land in our country considering the past, present and future; Thirdly, the
current regulations do not exclude cases where the State acquires land for socioeconomic development for the sake of the nation and the public but for the benefit of the

private sector; Fourthly, the support and vocational training for farmers whose land has
been acquired has not brought about clear results; Fifthly, stipulate that households and
individuals using agricultural land before July 1, 2004, do not have a certificate or are
not eligible for the certificate of land use right, ownership of houses and properties.
Other land-related compensation but provided that agricultural production is directly
regulated, there are different interpretations. Accordingly, the provisions of "direct
agricultural production" are determined at the time, at the time of the notice of land
acquisition, tallying, making plans or at the time of land acquisition decision.
3.2.2. Compensation for non-agricultural land
3.2.2.1. Compensation for non-agricultural land
Persons whose land is recovered shall be compensated when they meet all the
conditions prescribed by law by new land assignment. If the local land fund is no
longer available, they will be compensated in cash.
3.2.2.2. Compensation for residential land
Regulations on compensation when recovering residential land still have some
unreasonable points:
Firstly, it stipulates the recovery of residential land but the state only
compensates with residential land if the local land fund is still available; If all of the
residential land is recovered or the remaining residential land area after the recovery is


14
not eligible for residence under the provisions of the provincial-level People's
Committees, the households or individuals have no other residential land or houses in
the same area. Communes, wards and towns where the residential land is revoked are
compensated with residential land or resettlement houses, that is, if any other
residential land or dwelling houses exist in the same commune, ward or township.
Where the residential land is recovered, they will be compensated with residential
land, resettlement houses or compensated in cash. The right to decide compensation by
land, house or cash belongs to the state is not appropriate.

Secondly, the phrase "residence" in the regulations for households and
individuals whose land is recovered on a land where houses are subject to relocation
but the land is not eligible for compensation for residential land, If there is no other
place of residence in the commune, ward or township where the residential land is
recovered, the State shall sell, lease, lease-purchase houses or allocate residential land
with collection of land use fees as prescribed. This provision is not clear as there are
many different interpretations.
Thirdly, the practice shows that many cases of remaining agricultural land are
not small and fragmented, unsuitable for agricultural production or barren land leading
to inefficient or inefficient agricultural production. Suitable for agricultural production
when located in residential areas. If being controlled by quantity, it will lead to waste
when land is not used, used inefficiently, affecting residential land planning and
residential area planning.
Fourthly, in some cases, the person whose land has been acquired has used the
land area for long-term housing and currently has a house or has a land use right
certificate, but it has not been determined. and compensation for residential land affects
their rights.
Fifthly, land acquisition is closely related to resettlement. The current regulations
as well as the current situation of resettlement still reveal many shortcomings and fail to
meet the legitimate interests of people whose land is subject to resettlement.
3.2.3. Compensation for some other cases
3.2.3.1. Compensation for the remaining land investment costs
In no case in which the State acquires land, land users are also compensated for
land but only when they meet all the conditions prescribed. However, the process of
land use, land users have invested in land to use according to certain needs and
purposes, thereby increasing the value and use-value of the land parcel. These
investments are legal investments, i.e. investments suitable for the purpose of land use.
In essence, this is a "refund" for land users who have invested in the land. However,
the "refunded" amount is not the whole amount but only the remaining value of the
investment after subtracting the time of exploitation, land use, and the invested cost.

Practicing the application of regulations on compensation of remaining
investment expenses faces the following difficulties and obstacles:
Firstly, it is very difficult for the owner of the land to be recovered to have
documents proving the costs of investment in the land; in many cases, it is impossible
to have records and documents to prove it; Secondly, the process of land management
in our country in many localities has not implemented closely leading to the wrong use


15
of land, thereby investing in the land for the wrong purposes but not being prevented
and treated.
3.2.3.2. Compensation for people who are co-using land
Practical application of the above regulations encountered some problems:
Firstly, how is the compensation process, notification of land acquisition,
tallying, plan preparation, approval of plan, decision on land acquisition,
compensation, support and resettlement done if someone who is a co-user does not
agree; Secondly, the responsibility for payment of compensation has not been clearly
defined in the case that the land use right contract is not paid for compensation rights;
thirdly, how the right to lodge a complaint or initiate a lawsuit in whole or in part is
determined if the land use right does not agree with the recovery and compensation;
Fourthly, the resettlement policy for co-users is not clearly defined in cases where all
co-users have demand for resettlement; Fifthly, the regulations on the allocation of
compensation for land to the co-users are guided by the provincial People's
Committees, but in fact the local regulations on this issue are not the same and not to
deal with interest when the money is in dispute between co-users.
3.2.3.3. Compensation for land in case the actual measurement land area is
different from the area stated in the land use right papers
Firstly, if the actual measurement area is less than the area stated on the land
use right papers, compensation shall be made according to the actual area, not
compensation according to the land area written on the papers.

Secondly, if the actual land area is more than the area stated on the land use right
certificate, but this is due to errors in measurement process, the boundaries of the parcel
of land do not change, there is no dispute not due to encroachment or occupation shall
be compensated according to the actual land area; if the actual area is more than the area
stated on the land use right papers but the land People's Committee certifies that the land
is being used for land use right transfer, reclamation, has been used stably and there is
no dispute then To be compensated according to the actual land area.
Thirdly, if the actual area is more than the area stated on the land use right papers
that this area has been acquired through encroachment, it will not be compensated.
The law stipulates the above, but in practice, it meets some difficulties:
Firstly, in case the actual area of residential land and garden land is used more than
the area written on the land use right papers but the error is due to measurement, the
increased area is not due to encroachment but there is adjacent to the agricultural land
where the agricultural land plot is an independent parcel or the increased area is measured
into an independent land plot, most of the compensation agencies implicitly assume that
this area is due to encroachment of agricultural land or land managed by commune-level
People's Committees.
Secondly, the difficulty in determining the actual time to use the actual area than
the paper area is related to determining the type of land and land prices as well as other
benefits when making compensation.
3.2.3.4. Compensation for land in safety corridors when constructing works
with safety protection corridors
In fact, the application of the above provision is difficult when the law does not


16
regulate how to restrict the ability of land use, resulting in the arbitrary application of
compensation. Determining whether or not the ability to use land depends on the
agency that makes the compensation is, in many cases, imposing and emotional.
3.3. The reasons of the inadequacies, limitations of the law and the

implementation of the law on compensation for land when the State recovers land
3.3.1. Objective reasons
Firstly, many current regulations on compensation when the State recovers land
are not in line with reality and do not guarantee the property rights of people whose
land is acquired.
Secondly, the mechanism for determining compensation land prices is heavily
imposed by the will of the State, whose land users are not allowed to decide on land
prices or participate in substantive land pricing; The consultancy unit's land price
results are for reference only, the final decision-making body is still the state.
Thirdly, the current provisions of the land law in general and the law on
compensation when the State recovers land, in particular, bear the will of the State and
restrict the rights of land users as owners. of land law relations.
Fourthly, there are two mechanisms of compulsory and voluntary land
acquisition attached to compensation at prices decided by the state and agreed on
prices along with a number of projects on the basis of land acquisition for
development. In many cases, the economy and society are in the public interest for
many cases.
Fifthly, causes from the history, process of land management in our country; Land
database is not synchronized and incomplete; delaying, not completing the granting of
certificates of land use rights, ownership of houses and other land-attached assets.
3.3.2. Subjective reasons
Firstly, ideology and psychology are attached to the land, sticking to the place
of "burying the umbilical cut vegetables" and afraid to change the residence and
production of Vietnamese people.
Secondly, many cases of complaints are not timely, prolonged, inaccurate, or
even imposed.
Thirdly, the handling of "suspended" projects, projects that are behind schedule
is not strict and thorough, leading to wasteful land areas while people do not have
production land.
Fourthly, the implementation of the stages of land acquisition in many cases is

still delayed, does not ensure the rights of people who have land recovered. This is
because officials who perform the compensation work have not fully fulfilled their
responsibilities as well as due to the professional capacity of officials who have not
met the requirements of the tasks.
Fifthly, the awareness of a part of people is not high.
Sixthly, the mechanism of additional payment for people whose land is
recovered in addition to the state price compensation leads to psychological
complaints, delayed handing over the ground in order to expect an additional payment,
thereby creating a zero justice among those whose land is acquired.


17
CHAPTER 4
SOLUTIONS TO PERFECT THE LAW AND IMPROVE THE EFFICIENCY OF
IMPLEMENTATION OF THE LAW ON COMPENSATION
FOR LAND ACQUISITION BY THE STATE IN VIETNAM

4.1. Orientation to improve the law on compensation for land when the
State recovers land
Firstly, perfecting the law on compensation when the State recovers land must
be based on the Party's views, guidelines and policies on renovation of policies, land
law and compensation policies and laws when State land acquisition is expressed in
Resolution No. 19-NQ/TW; Secondly, improving the law on compensation must
ensure the harmonious settlement of interests of people whose land is recovered, of the
state and investors; Thirdly, improving the law on compensation when the State
recovers land associated with the completion of the land law in general and other
relevant laws; Fourthly, refer to foreign laws to contribute to perfecting the law on
compensation when the State recovers land.
4.2. Solutions to perfect the law on land compensation when the State
recovers land

4.2.1. Solutions to the law on grounds of land acquisition
Amending and supplementing grounds for land acquisition for socio-economic
development in the national and public interests in the direction that the State only
acquires land for socio-economic development in the national and public interests if
the project owner states. That is, we approach in the direction of who is the user of the
land after the acquisition and who will actually bring the benefits after the land
acquisition, not a project decided by the investment policy. investment, investment
decision. For projects where the investor is a private, the form of land acquisition
under Article 73 of the 2013 Land Law will apply.
4.2.2. Solutions to perfect the law on the principle of compensation for land
when the state recovers land
Firstly, it is necessary to specify the land price as the basis for compensation as
the market price.
Secondly, it is necessary to specify the basis for determining the type of land for
the land without a certificate on land use rights, but which have been used stably
without being encroaching on, illegally occupying or changing the purpose of use.
Thirdly, it is necessary to promulgate regulations that prohibit “night-shifting”
activities between investors, construction contractors and people whose land is
acquired to pay in addition to the compensation as prescribed or if paying. In addition,
payment is made equally for all people whose land is acquired to ensure fairness in the
process of compensation implementation.
Fourthly, it is necessary to specify that the land price determined by the
consultancy unit must be publicized before submitting it to the land price determination
agency as a basis for compensation and representatives of land recovered persons who
are involved in the price determination process. Land as a member of an agency
(council) that determines land prices. In case the representative of the land user is
recovered, the consultancy unit and land price determination agency do not agree on the
land price, hire a consultancy unit outside the province to determine.
Fifthly, stipulating the survey and collection of information when determining

18
land prices from the source of winning bid prices, market land prices from the
database of land and land prices successfully traded on real estate trading floors. and
successful transactions in the market must approach and collect the true prices of these
transactions.
Sixthly, issuing regulations that prohibit provincial-level People's Committees
from authorizing district-level People's Committees to decide on specific land prices
as a basis for compensation, which provincial-level People's Committees shall decide
land prices on the basis of participation. Price evaluation by the district-level People's
Committee proposed.
Seventhly, it is necessary to stipulate that in case of compensation by land, the
land to be compensated must have the value and profit value equivalent to the
recovered land plot.
4.2.3. Solutions to perfect the law on conditions of compensation for land
when the State recovers land
Firstly, stipulating conditions for compensation for land without papers on land
use rights based on the time of land use commencement, grounds for establishing land
use rights, not compulsory land. be used stably and continuously.
Secondly, in the case that land users believe that the land is used stably, there is
no dispute but the commune People's Committee thinks that the land is not used stably
and does not confirm “as a stable land user, no dispute ”leads to non-compensated
land users, it is required that this dispute must be resolved by a court on the basis of
consultation with people living in the place where the land is located. Origin and
process of land use. In case over 70% of people have their opinions confirmed on the
time, origin and process of land use, such as those who have their land recovered, the
commune-level People's Committees must certify to those whose land is recovered in
order to be compensated.
4.2.4. Solutions to perfect the law on determination of damage when the State
recovers land

Firstly, stipulating that in case of land acquisition leading to a land parcel being
divided which limits the usability, this is damage and the State is responsible for
calculating and compensating.
Secondly, stipulating that the people whose land is recovered will be
compensated with money to "buy" land in cemeteries and graveyards managed by
people to place graves.
Thirdly, stipulating that the person whose land is recovered is unstable,
production is delayed, income is lost or reduced due to land acquisition ... is damage
and the State is responsible for compensation.
Fourthly, the provisions on compensation for livestock not only aquatic but also
cattle, poultry, bees, and silkworms are also compensated if any damage occurs,
including complete loss of animals. farming, pet value reduction, travel costs and
damage on the move. Animals that have to be harvested early resulting in damage are
also compensated.
Fifthly, stipulates that all assets that must be dismantled, moved, and installed,
whose dismantlement, relocation and installation are due to land acquisition, lead to
damage.
Sixthly, for perennial trees, it is necessary to specify that the damage is not only
calculated according to the market price of the tree at the time of recovery but also the


19
damage caused by the loss of use-value, the long-term profit value of the tree.
Depending on the type of perennial tree, determine the period of time that the tree can
be profitable to calculate compensation until the tree is no longer profitable.
Seventhly, it is necessary to study and improve the law on compensation when the
state recovers land in the direction that the damage is compensated in whole and reality.
Eighthly, it is necessary to specify the damages and compensation levels for
organizations, households, individuals, overseas Vietnamese, foreign-invested
enterprises when their land is acquired. to stop or terminate production and business

activities.
Ninthly, it is necessary to promulgate regulations defining the damage and
compensation for damage to living space, cultural space, spirituality, religion, religion
caused by land acquisition.
4.2.5. Solutions to perfect the law on the identification and harmonization of
benefits between the state, investors, people whose land is recovered and who benefit
from land acquisition
Firstly, it is necessary to stipulate that all losses suffered by the owner of the
acquired land and the damages that the land user has not been recovered but suffered
from the land acquisition will be considered for compensation.
Secondly, in order to harmonize the interests of the parties and establish the
responsibilities of investors, there should be a regulation to force the investor to
commit to taking children of people whose land is recovered to work at establishments
and enterprises. Need labor if the employee meets the qualifications, qualifications and
other requirements that investors require.
Thirdly, stipulating the method of joint investment and business capital
contribution between the investor and the person whose land is recovered by the
recovered land itself, the remaining land is not recovered but adjacent to the recovered
land if continued. continue to maintain state form of land recovery for private to
implement socio-economic development projects for national and public benefits
according to current regulations.
Fourthly, the government's regulations on land acquisition rights to apply the
"redundancy" method to create a land fund will regulate the interests of those who do
not have land recovered but benefit from land acquisition.
4.2.6. Solutions to improve the law on compensation in specific cases
4.2.6.1. Perfect the law on compensation for the remaining land investment
costs when the State recovers land
Regulations on the lowest and highest levels shall be compensated for each type
of land in each economic region and type of urban area, serving as a basis for
provincial-level People's Committees to specify in each locality.

4.2.6.2. Improve the law on compensation when agricultural land is recovered
Firstly, the regulation does not recover agricultural land to carry out privateinvested projects such as projects on building new urban areas and new rural
residential areas; embellishment of urban centers and rural population quarters;
concentrated agricultural, forestry and aquatic product production and processing
zone; projects associated with the construction of adjacent houses, condominiums,
plots for sale of plots, trade and service areas, except where land users contribute land
to implement projects and distribute profits above. basis of calculating the land use
right value in the total investment value or the land user agrees to receive


20
compensation after he/she has been approached the right to contribute capital with the
land use right to the project but refuses the right to contribute land. or adopting a
voluntary land transfer mechanism.
Secondly, stipulating that the person having land recovered is entitled to refuse
to receive the land if the compensation land is not equal to or better than the parcel of
land acquired.
Thirdly, it is necessary to stipulate that the people who have land lost their jobs
and destabilized due to the land acquisition are the damages they have suffered, so the
state is obligated to pay compensation.
Fourthly, instead of stipulating that the state pays an amount for training and
changing jobs so that this money can not be used effectively, not spent for training
purposes, changing jobs, and seeking employment. The state exercises responsibility
for organizing training, changing jobs and finding jobs for farmers, unless they refuse
to train, change jobs and seek jobs.
4.2.6.3. Improve the law on compensation when residential land is recovered
Firstly, it is necessary to stipulate that in the case of land acquisition, the state
must pay compensation by residential land. Where the state has sought residential land
for compensation but the person whose land is recovered does not agree with the land
parcel selected by the state, the compensation will be made in cash.

Secondly, it is necessary to stipulate that when the residential land is recovered
but the land is ineligible for compensation for land but compensation for properties
attached to land in the case of relocation is sold or leased by the State. , lease-purchase
of houses or allocation of residential land with land use levy collection according to
sale prices, rent prices, rent-purchase prices, residential land prices for calculating land
use levies set by provincial-level People's Committees if land users are acquired There
are no other parcels of land or houses under their use or ownership right in the same
area of commune, ward or town.
Thirdly, the regulations on households and individuals to change the land use
purpose to residential land for the remaining agricultural land area will not be recovered
if the remaining agricultural land area is small, fragmented is not suitable. suitable for
agricultural production, not in the agricultural land planning but in residential land
planning, residential area planning regardless of local land allocation quota.
Fourthly, solutions to improve the law on resettlement are associated with
compensation for land upon recovery of residential land:
(i) amending regulations on resettlement areas to build synchronous
infrastructure by stipulating that resettlement areas must build adequate technical
infrastructure systems and social infrastructure systems according to provisions of
construction law; (ii) it is necessary to stipulate in principle that resettlement areas
must be built to ensure adequate technical infrastructure system, social infrastructure
system and ensure that resettled people can have a living. live better or equal to the old
place of residence; (iii) specifies that the people whose land is recovered are subject to
resettlement only to comply with the decision of land acquisition and hand over the
recovered land to the State when the technical infrastructure system and the public
system. The social infrastructure process in the resettlement area has been completed.
The system of technical infrastructure works and the system of social infrastructure
works in the resettlement area is considered completed when it is checked and put into
use; (iv) provide for the supervision of resettled people on the process of constructing

21
infrastructure of resettlement areas and resettlement houses from the commencement
of construction to completion; (v) there should be provisions on post-resettlement in
the direction that the state is responsible and must ensure and commit to postresettlement issues such as the quality of resettlement facilities, production land, jobs,
business conditions, quality of life, cultural space, spirituality.
4.2.6.4. Improve the law on compensation when land is acquired by co-users of land
Firstly, supplement specific provisions on compensation for joint owners for
properties associated with the land.
Secondly, it is necessary to specify the order and procedures for recovery and
compensation for land use co-ownership; rights of complaints, denunciations, and
lawsuits of co-owners and co-owners.
Thirdly, it is necessary to specify the co-users, co-owners to receive
compensation, support and housing and resettlement or authorize others to receive
these benefits.
Fourthly, it is necessary to specify the support policy for co-users and coowners of the property, but the land acquisition does not affect or destabilize life,
production, loss of jobs or move accommodation.
Fifthly, the need for resettlement regulations for co-users and co-owners. If cousers and co-owners cannot reach agreement on the land recipient or recipient, they
may request the court to divide their common property in accordance with civil law
and civil procedures.
Sixthly, it is necessary to specify the right to propose, lodge a complaint,
denunciate and initiate a lawsuit in case of co-use and co-ownership disagree with the
administrative decision or administrative act arising during the process. indemnify.
Seventhly, it is necessary to specify the responsibilities of agencies
implementing land acquisition and compensation in case of not correctly and fully
identifying co-owners and co-owners resulting in damage to co-users and co-owners.
The remaining property is not compensated.
Eighthly, it is necessary to stipulate a dispute between co-users and co-owners
on how to distribute compensation and pay interest within the court's jurisdiction.
After a court decision has taken legal effect, the land acquisition agency will pay for
each person according to the court's decision.

The compensation amount will be deposited in the bank according to a certain
period of time. The amount of interest will be paid to the co-users and co-owners
corresponding to the compensation amount calculated from the date the co-owners and
co-owners hand over the ground to the State; Interest rates belong to the State as of the
date the State hands over the ground.
4.2.6.5. Improve the law on compensation in case the actual measuring area is
different from the area stated in the land use right certificate
Firstly, the regulations on the basis of determining the type of land that the State
manages for the increased land area in comparison with the documents on land use
rights have been used for a long time by the land users but in reality, the management
agencies The state does not carry out any regulatory activities.
Secondly, limiting the power and willpower of the agency conducting land
acquisition through consultation with the population community where the land is
located to determine the origin, time and process of land use for The land area is
further increased by consultation with people living in the same hamlet, village,


22
neighborhood, collective area knowing the origin and process of land use to determine
the origin of the increased land area.
4.2.6.6. Improve the law on compensation for safe corridor land when
constructing works with safety protection corridors
Firstly, there should be specific regulations on how to "restrict the ability of land
use" due to the construction of safety corridors; Secondly, regulations on compensation
responsibilities when recovering land for constructing works with safety corridors
reduce land-use value; Thirdly, there should be regulations on compensation for corridor
land used before planning, maps or the use rights have been lost but not yet
compensated.
4.3. Solutions in improving the effectiveness of the implementation of the
law on compensation for land when the State recovers land

Firstly, completing the granting of certificates of land use rights, ownership of
houses and other land-attached assets; complete the exchange, re-issue of certificates
of land use rights, ownership of houses and other land-attached assets.
Secondly, completing the certification of ownership of land-attached assets.
Thirdly, speeding up the building of the national land database.
Fourthly, promote transparency and transparency in the planning process, land
use plan, and process of land acquisition and compensation.
Fifthly, establish and promote mechanisms to ensure compliance with the order
and procedures for recovery and provisions on compensation, support and resettlement
policies, specifically:
(i) Provide training to officials in charge of compensation work when the State
acquires land in the field of laws and regulations in this area; (ii) Raise the awareness
of cadres who perform the work of compensation on land value under the current
conditions to understand the value of land, understand the thoughts and aspirations of
people losing land; (iii) Strengthening inspection and examination of compliance with
regulations on order and procedures for land acquisition and the application of law in
compensation when the State recovers land to promptly detect and rectify and
handling violations; (iv) Handle in accordance with the law for violations arising in
the recovery and compensation work; (v) Promoting the people's mastery, especially
that of the people whose land is acquired and restricting the subjective imposition of
compensation agencies through public consultation mechanism.; (vi) Strictly punish
and resolutely land acquisition for "suspended" projects.
Sixthly, strengthening the propagation and education of land law in general and
compensation law when the State recovers land in particular for the people.
Seventhly, manage and supervise regularly and strictly the use of land to prevent
and promptly handle land users who arbitrarily change land use purposes, especially
arbitrarily changing purposes from land types. to residential land; acts of encroaching
on, occupying land, using land for wrong purposes and acts of investing in illegal land.
Eighthly, settle quickly, accurately, definitely and lawfully complaints and
denunciations related to compensation when the State recovers land.

23
CONCLUSION
Based on the research results of 4 chapters of the thesis, the author draws some
basic conclusions as follows:
1. To recover land to serve national defense and security purposes; Socioeconomic development for the sake of the nation and the public is an indispensable
objective. The State reserves the right to recover land to use for these purposes on the
grounds prescribed by law. However, land acquisition will cause losses for people
whose land is acquired; At the same time, it creates a relationship of interests that need
to be resolved between the state, investors, and people whose land is recovered.
Although the land is owned by the entire people, the land use rights belong to the land
users and are the property of the land users. Therefore, the state is responsible for
compensating damages, providing assistance to people whose land is recovered and
resolving harmoniously the relationship of interests arising between the state,
investors, and people who are recovered. land and those who benefit from land
acquisition.
2. The 2013 Land Law was promulgated on the basis of reviewing and
evaluating the appropriate and unsuitable provisions of the 2003 Land Law to make
necessary amendments and supplements. However, up to now, the 2013 Land Law and
its implementing documents have revealed certain inadequacies, have not met the
requirements of reality, and have not yet effectively protected legal rights and interests
of people whose land is recovered, hindering socio-economic development, potentially
causing socio-political instability. The inadequacies expressed in the regulations on
the basis of land acquisition; compensation land price; identify the origin and type of
land when compensation; identify damages and pay compensation for damages
incurred when the State recovers land; the principle of "land for land" is not feasible;
inadequacies in compensation of remaining land investment costs; inadequacies in
compensation for land use rights, co-ownership of assets, etc.
3. The 2013 Land Law is valid for 5 years, but the above shortcomings need to

be amended and supplemented to meet practical requirements; become an effective
tool for the state to manage land and use land resources effectively; making an
important contribution to ensuring the rights of land users when land is acquired. The
completion of the land law in general, compensation when the State recovers land, in
particular, is based on the following directions: i) Based on the Party's views,
guidelines, and policies on land policies and laws. collectively, pay compensation
when the State recovers land in particular; ii) Ensure the harmonization of the interests
of people whose land is acquired, the state and investors; iii) perfecting the law on
compensation when the State recovers land associated with the completion of the land
law in general and other relevant laws; iv) refer to foreign laws in improving
compensation law when the state acquires land.
4. Based on the orientation of improving the law on compensation when the