In Vietnam, the involuntary conversion of land for public purposes (also known as ‘land acquisition’) is practically inevitable, due to the growing demand for infrastructure development. The Government of Vietnam has introduced many policies to improve land acquisition practices and to regain people’s confidence in law enforcement. Significant financial resources have been allocated to improving the Land Law through four amendments (in 1987, 1993, 2003, and 2013). Those policies and solutions have proven effective in pushing construction projects forward, keeping to the schedule, and saving costs.

 Although Vietnam has a relatively good legal framework in general, its enforcement is far from flawless. Acquiring land for development projects is always challenging and rarely implemented on schedule. Site clearance usually takes a long time, which causes inordinate delays to construction projects (Thu Ha 2021). The compulsory acquisition of land  –  ostensibly for public purposes  –  has been the source of many complaints. According to MONRE (Ministry of Natural Resources and the Environment), 98 percent of received complaints are related to land use, land acquisition decisions, or the dissatisfaction of land users with the offered compensation rates. These complaints or disputes, which are on the rise, tend to be increasingly prolonged and to harm national security and social order (Khanh Thi 2019). Land-related complaint and dispute cases reported by the media indicate a failure in negotiations between the land users and the acquiring authorities, which has led to a widespread perception of a malfunctioning system (Dang 2021).

Land-related complaints have partly stemmed from the country’s inadequate system of policies and laws on land, and from their poor application. The existing policies on land management, changed many times, have not been fully synchronized. There are legal provisions that lack specificity and are not contextually relevant. The land price for compensation calculation issued by the government is very far from the market price in many places, and the land acquisition process is often not transparent (Bui 2020). In addition, the mechanism of compulsory land acquisition has been used for some projects under the banner of ‘socioeconomic development’  –  while actually serving the interests of corporations and companies. There is evidence that Vietnamese law has not been applied uniformly in all provinces and cities (Xuan Hung 2016). Many local authorities are only interested in attracting investment without paying attention to the legitimate interests of land users.

 This chapter focuses on resolving conflict and balancing public and private interests in land that is subject to development plans or proposals. Its theme is the conflict between land-acquiring authorities and the affected individuals involved in the process. It examines the extent to which the law provides an effective medium to resolve existing issues, with an aim to limit compulsory land acquisition purposes; identify clear procedures for compulsory land acquisition; and guarantee fair compensation for land holders.