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Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
LAND ADMINISTRATION
OF VIETNAM IN THE
PAST (2):
- The Nguyen Dynasty
established Vietnam as
an united country with
the territory as kept in
its shape as presence.
- In 1834, the General
Map of Vietnam was
unifiedly made of
territory and
publicized.
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
LAND ADMINISTRATION OF VIETNAM IN THE PAST (3):
1. In the time of the French domination (1858 - 1945), after the
setting up of the Colonial Administration, the usurping
process of land from Vietnamese peasantry expanded
through different steps: (i) the Colonial administration
deprived Vietnam royalty of the sovereign right of land
ownership and management; (ii) through the pauperization
policy (especially exorbitant taxes) relating to the peasantry
... who was obliged to sell his plot of land, mortgage the part
of communal land to the French capitalists, leave his village
and go away adding himself to the supply of labor to the
plantation, mines...
2. The French, then introduced their land registration,
surveying and mapping system into Vietnam.
3. During 80 years of domination, the French carried out
cadastral survey and created land registration for 800,000 ha
covering basically the delta and the urban area for taxation.
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
THE TIME OF WARS & STATE’s SUBSIDY ECONOMY:
1. Vietnam gained an independent state in 1945; the first National
Assembly of the Country passed the Constitution 1946 in which the
State recognized and protected every land ownership regime.
2. After 9 years of the National Resistance warfare against the French
Colonialists and 3 years of reconstruction of the country, the National
Assembly passed the Constitution 1959 in which the State recognized
every land ownership regime, however protected and encouraged the
State ownership and collective ownership.
3. After the great Victory in 1975 to restore the reunification of the
Country, then there was 5 years of the State reorganization, the
National Assembly passed the Constitution 1980 which stipulated that
the State recognized only the whole people’s ownership regime on
land, the people who were using land had the right to continue, the
people who had demands on land use would be allocated with land by
the State without any payment, the State had the right to recover the
land in case of necessity and allocate new land upon the demand. In
such a policy context, land had no value (in term of money) and the
State did not need to establish a land administration system.
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
THE CURRENT STATUS OF VIETNAM LAND ADMINISTRATION (1):
1. In 1986, Vietnam started the “Renovation” process (Doi Moi), the
selected breaking point of its process was to shift from
cooperative based agricultural production to household based
one. Agricultural land was allocated without any payment to
households for long term and stable use which is 20 years for
annual crop land and 50 years for perennial crop land. The new
land policy has led Vietnam to the third World leading rice exporter
from a country that has been used to be a shortage rice supplier.
This policy did concurrently require the presence of a land law and
land administration system.
2. In 1988, the first Land Law of Vietnam was passed by the
National Assembly to legalize the allocation of land from
cooperatives to households.
3. In 1992, the new Constitution was passed by the National
Assembly, in which there was a decision that it should be a market
mechanism governed by the State for Vietnamese economy and
the whole people ownership on land should remained.
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
THE CURRENT STATUS OF VIETNAM LAND ADMINISTRATION (2):
4. In 1993, the second Land Law of Vietnam was passed by the
National Assembly, which laid down many important renovations:
* Whole people ownership recognized only, but land has a price defined by
the State.
* Households have rights to exchange, transfer, inherit, lease, mortgage land.
* State’s compulsory land recovery only means to acquire land for
development projects.
* Economic organizations can access land only via leasing land from the
State.
5. In 1998, Land Law Amendments and Supplementations was
adopted by the National Assembly, which focused on the
followings:
* Domestic economic organizations can access land via allocating land from
the State for projects of housing development and industrial zone development.
* Domestic economic organizations can receive land via land transfer, lease
and contribution as capital from households and individuals.
* Improved mechanism of land recovery by the State from current land-users
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
THE CURRENT STATUS OF VIETNAM LAND ADMINISTRATION (3):
6. In 2003, the National Assembly adopted the third Land Law,
which recognizes only whole people ownership on land, but
introduces important renovated regulations on land as follows:
* Rights and responsibilities of land authorities, rights and obligations
of land users are clearly identified.
* There are also detailed regulations on settling the historical
complicated land relations between land-users, in which there is a
regulation that "land that the State borrowed or rented from the past is
considered to return it to the legal land-user".
* The land price set by the State must be suitable to the market price
of land, which means the new land financial system was established on
the principle of “market-based price of land”.
* The economic organizations having the land use rights as their
property are allowed to perform land transactions in the market.
* The equity in the rights and obligations on land between domestic
and foreign investors is improved.
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
THE CURRENT STATUS OF VIETNAM LAND ADMINISTRATION (4):
* The State's compulsory land acquisition measure is limited in
application, and the voluntary land conversion measure is introduced
(based on negotiations between investors and current land-users to
make land transfer/land lease/land contribution as capital).
* There are the detailed regulations on the determination of land
compensation value, the living conditions of resettlement locations for
the cases the compulsory land acquisition measure is to be applied.
* The land administration procedures system is established based on
the principles of detail, simplicity, inexpensiveness, transparency and
publicity.
* The supervising role of people in the land legislation implementation
is enhanced.
* The settlement of land disputes, complaints and denouncements is
renovated on the principles: (i) to improve responsibilities of the local
people's committees; (ii) to essentially shift the settling works from the
administrative system to the court system.
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
POSITIVE IMPACTS OF LAND ADMINISTRATION REFORM
ON SOCIO-ECONOMIC DEVELOPMENT IN VIETNAM (1):
During 20 years of the Land Laws execution, the land administration of
Vietnam has made significant progress up to 30th Sep., 2007:
•All agriculture land has been allocated to households, individuals and
organizations, in which there was issued with 13,686,351 LURCs for
7,485,643 ha agricultural production land to land users (82,1% of total
area); 1,111,302 LURCs for 8,116,154 ha forestry land (62,1%);
642,545 LURCs for 478.225 ha aqua-culture land (68,3%).
•The issuance of LURC to non-agriculture land has been highly
concentrated, in which there was issued with 2,837,616 LURCs for
64,357 ha urban residential land (62,2% of total area); 11,705,664
LURCs for 383,165 ha rural residential land (76,5%); 71,897 LURCs for
208,828 ha specialized-use land (37,4%).
•Land use planning of whole country, all provincial localities, 62% of
district localities and 55% of communal localities for the period 20012010 was already approved (up to 30th September, 2007).
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
POSITIVE IMPACTS OF LAND ADMINISTRATION REFORM
ON SOCIO-ECONOMIC DEVELOPMENT IN VIETNAM (2):
•All provinces and developed districts have their own land registration
office to ensure the reform progress of administrative procedures in land
administration.
•All communal localities have their own cadastral staff.
•Throughout country, there are 130 national industrial zones with total
area 26,520 ha have been established on the basis of Prime Minister's
decisions, and about 200 provincial industrial zones with total area
13,991 ha have been established by provincial People's Committees.
•Real estate market of Vietnam including land use right market is very
fast developed.
•The measure of land recovery by the State and compensation,
supports, resettlement for affected people is improved step by step to
ensure the benefits sharing policy.
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
Before 1999, the
agricultural,
industrial and
servicing
economies had
the GDP relatively
equal
From 1999 the investment process in non-agricultural
sector has been increased to make the equal GDP of
industrial and service sectors, surpassing the GDP of
agricultural sector
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
Investment of the non-State economic sector has been
fast increased from 2003 when the Land Law 2003
adopted by the National Assembly with many articles
encouraging investors in land issues
Foreign direct investment has been increased
drastically from 2007 when the Government
promulgated the decree no. 84/2007/ND-CP
that broadens rights for foreign investors
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
THE NEED OF FURTHER RENOVATION ON LAND LEGISLATION (1):
The further renovation of land legislation and land administration
has been defined in the legislation construction programme
decided by the Vietnam National Assembly. The strategic
development of a new land legislation system for Vietnam should
be focused on following targets:
1.To meet the needs of land use for speeding up the process of
industrialization, modernization of country in order to carry out successfully
the shifting process of economic structures oriented to the industrial and
service development, and also to settle the problems of poverty alleviation
and environmental pollution for sustainable development.
2.To complete the national land information system which is a component of
the National Spatial Data Infrastructure to serve land administration works
and people's needs.
3.To integrate land use planning with economical development, social
sustainability and environmental protection.
4.To make equity between domestic and foreign investors based on WTO's
principals.
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective
THE NEED OF FURTHER RENOVATION ON LAND LEGISLATION (2):
5.To create an easier mechanism making land resources to become able
investment capital through the rights of land mortgage and land contribution
as capital, and to develop an effective land financial system including the
land valuation system and the land use taxation system to make good land
development in the real estate market.
6.To eliminate completely the State subsidy system on the land, to put the
land into market economy.
7. To approve good policies to organize the process of compulsory land
acquisition and voluntary land conversion based on application of suitable
solutions for the involuntary land compensation and resettlement to protect
the legal benefits of land users.
8.To establish land administration system closed to and served for the
people with simple administrative procedures.
9.To decrease the number of land disputes and land complaints on the
basis of dialogs between local governments and people.
10.To establish a Land Code with stable provisions for very long term
application.
Vietnam
Vietnam land
land administration:
administration: the
the past,
past, recent
recent status
status and
and the
the future
future perspective
perspective