According to the Constitution of Vietnam, the State can exert compulsory land use rights for national defense and security, and for socioeconomic development for public interests. However, Vietnamese law has no specific guidance for the definition or interpretation of “socioeconomic development for public interests.” As a result, some provincial governments abuse their power to acquire land for development that is not genuinely intended for public purposes, causing difficulties for the livelihoods of the land users. In some extreme cases, there are conflicts between the land users and the provincial governments. This situation evokes a need to review the theoretical background about keeping a balance between public and private interests in cases of compulsory land acquisition Phan (Phan HT (2009) In: Phan HT, The law of compulsory acquisition of land—striking a balance between public and private interests in the United Kingdom and Viet Nam. VDM Verlag Dr. Müller, Germany, p 106–107). In reviewing the existing literature, first, an examination is made of comparative legal philosophies in western countries. Various legal concepts and traditions related to property rights are considered. Second, some practical cases of compulsory land acquisition are considered. Given the discussion, a solution on how to more appropriately balance the rights of land users against the interests of the State is presented. Thus, land law as it relates to compulsory acquisition may be improved in a manner that respects democratic principles of land management in Vietnam and enables sustainable development.
Tạp chí khoa học Trường Đại học Cần Thơ
Lầu 4, Nhà Điều Hành, Khu II, đường 3/2, P. Xuân Khánh, Q. Ninh Kiều, TP. Cần Thơ
Điện thoại: (0292) 3 872 157; Email: tapchidhct@ctu.edu.vn
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