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Relations between State regulatory bodies and land users in the context of people’s ownership of land in Viet Nam
2/7/2012 10:38' Send Print

First, State management of land for national interest should be institutionalized to avoid abuse of land ownership for individual interest by state employees. In the law-governed state, that management mechanism is legislation.

Second, people are the key users of land. In the market economy, interest gained from land use more often determines the purposes of land use than land ownership. Thus, the State needs to ensure land users’ interest to encourage their proper use of land. The State also has to regulate distribution of land rent in line with people’s ownership of land.

Third, egalitarian distribution of land should not be removed. The State should take part in the process of land allocation while relying on market land regulation. That means the people’s ownership of land requires State management and autonomy of land users in transaction of land use right.

Forth, distribution of land rent should abide by legislation in the context of people’s ownership of land

The 2003 Law on land stipulates the rights on land of the State which include: to decide purposes of land use, to decide quota and duration of land use, to assign, lease and recover land, to decide changes in purposes of land use, to evaluate land and to implement financial policies on land.

The 2003 Law on land also stipulates rights of land users which include: rights in their relations with the State on land and the right to carry out transaction of land.

However, the mechanism on power division among state offices and land users is relatively complicated. The author recommended to improve quality and duration of plans on land and financial policies should be imposed on real assets and income from trading of land./.

Assoc Prof. PhD.Tran Thi Minh ChauThe Ho Chi Minh National Academy of Politics and Public Administration