THE “ENTIRE PEOPLE OWNERSHIP” REGIME ON LAND AND  THE NATURE OF LAND USE RIGHTS IN VIETNAM

Luu Quoc Thai

doi:10.18535/ijsrm/v9i7.lla01

Abstract

Since the Constitution 1980, all land in Vietnam has been regulated to be owned by the entire people (Article 19). This issue continues to be affirmed in the Constitution 1992 (Article 17). The current Constitution 2013 continues to declares: “Land, water resources, mineral resources, resources in the sea and airspace, other natural resources and properties invested and managed by the State are public property owned by the entire people and managed by the State representing owners and unified management” (Article 53). Under this regulation, the current Land Law 2013 states that the State is powered to perform ownership rights as representative of the whole people. Therefore, No one other than the state can become the owner of the land. Individuals and organizations only have “land use rights” in accordance with the law. However, they may have the right to transfer this right (and also include the land) to others. This policy has caused certain complications in accessing land and exercising land rights, especially for foreign entities in Vietnam. So, this paper will discuss what is called the land use rights under the specialized ownership regime on land in Vietnam to clarify relevant legal aspects.

Keywords

Vietnamthe entire people ownershipland use rightsnaturecommodity

References

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[refR-7] Pham Huu Nghi (2005), “The Role of the State in the implementation of the right to land ownership by the whole people”, The State and Law Journal, (1), p. 51-56 (Vietnamese version).Google Scholar ↗

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[refR-9] Dinh Dung Sy (2003), “Protecting the whole people ownership of land and land use rights of land users: current status and recommendations”, The State and Law Journal, (10), p. 55-66 (Vietnamese version).Google Scholar ↗

[refR-10] Jieming Zhu (2004), “From land use right to land development right: Institutional change in China’s urban development”, Urban Studies, Vol. 41, No. 7, pp. 1249-1267.Google Scholar ↗

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[refR-12] Ngo Van Luong (2001), “Marxist-Leninist political economy”, Publisher. National Politics, Ha Noi (Vietnamese version).Google Scholar ↗

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[refR-14] Communist Party of Vietnam (2004), the 7th Conference Document of the IXth Central Committee, Publisher. National politics, Hanoi (Vietnamese version).Google Scholar ↗

[refR-15] Wang Chenguang and Zhang Xianchu (1997), Introduction to Chinese law, Sweet & Maxwell Asia, Hong Kong, tr. 549.Google Scholar ↗

[refR-16] Hoang Viet (ed.) (1999), Land ownership issues in multi-component commodity economy in Vietnam, Publisher. National politics, Hanoi (Vietnamese version).Google Scholar ↗

[refR-17] Pham Duy Nghia (2004), Monograph Economic Law (graduate program), Publisher. National politics, Hanoi(Vietnamese version).Google Scholar ↗

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