Clarify land-related rights in the Constitution, MPs suggest
VietNamNet Bridge - The land-related content always heats up the National Assembly meetings. In the discussion of the amendments to the Constitution at the year-end session of 2012, there were many opinions about land ownership.

Marine and island sovereignty must be confirmed in the Constitution

Ownership by the whole people

Vietnam, Constitution, land
Deputy Dinh Xuan Thao, Hanoi.

Director of Legislative Research Institute--Dinh Xuan Thao of Hanoi, supported the regulations on land ownership in the draft amendments to the Constitution, which states that "land property belongs to the entire people; the State is the ownership representative that manages land as prescribed by law."

Mr. Thao gave some reasons: Firstly, it is in accordance with the requirements of the socialist-oriented market economy in Vietnam; the State, on behalf of the entire population, manages and distributes land; ensures process of equitable distribution of land rent; prevents the ability of the few occupying most of the land rent; enables people to access equally and directly to the land; removing the status of using land ownership monopoly to exploit the land user.

Secondly, noting the revolutionary achievements on land of our nation, whether the land is natural, the precious land today is acquired thanks to the effort, sweat, blood of many generations of Vietnamese.

Thirdly, Vietnam is an agricultural country, where about 70 percent of the population are farmers, and the average of production land being lowest in the world. Thus, land is the material conditions to ensure job and life stability for farmers.

Fourthly, the inner meaning of the land use rights in accordance with the current regulations does not limit the rights of organizations and individuals in using land, which is almost likely the right of an owner in the countries with majority ownership of land.

Fifthly, these regulations help maintain stable land relations, prevent conflicts and social, historical complexity that may arise if land ownership changes.

Adequate rights of land users

However, many deputies noted that in the situation of land relations that are becoming increasingly complex  today, the Constitution needs to specify more clearly.

Article 58 in the draft defines: "Organizations and individuals are assigned or leased land by the state or are recognized of their land use rights in the long term or in certain duration. Land users shall be responsible to protect, nourish, rationally use for the right purpose; are allowed to transfer of land use rights and implement relevant obligations prescribed by law. Land use rights are property rights which are protected by law."

Deputy Phung Duc Tien of Ha Nam province said that the phrase "allowed to transfer land use rights" does not cover all the rights of the land user such as inheritance, donation, giving and exchanging of land use rights. Tien proposed to change into "having land use rights."

Regarding land acquisition, the draft stipulates: "The State acquires land that is used by organizations and individuals, paying compensation as prescribed by law in cases where it is necessary for reasons of national defense, security or national interests, public interests and for projects of social and economic development."

The content "projects of socio and economic development" is added for the consistency with the revised draft amendments to the Land Law which is expected to be adopted before the draft amendments to the Constitution.

Deputy Nguyen Van Tien of Tien Giang province proposes add the concept of "compulsory purchase", "requisition" besides the term "recovery" to land.

Chung Hoang
Vietnam, Constitution, land