LAW ON INDEMNITY WHEN THE STATE RECOVERS AGRICULTURAL LAND IN VIETNAM

MINISTRY OF EDUCATION AND TRAINING MINISTRY OF JUSTICE HANOI LAW UNIVERSITY PHAM THU THUY LAW ON INDEMNITY WHEN THE STATE RECOVERS AGRICULTURAL LAND IN VIETNAM Speciality : Economic Law Code : 62.38.01.07 SUMMARY OF Ph.D THESIS IN LAW HANOI – 2014 The Work was completed at: HANOI LAW UNIVERSITY Scientific Instructor: Associate Prof Nguyen Quang Tuyen Associate Prof Pham Huu Nghi Opponent 1: Associate Prof Hoang The Lien Opponent 2: Associate Prof Nguyen Minh Man Opponent 3: Associate Prof Vu Thu Hanh The Thesis shall be protected against the school-level thesis assessment Council in the meeting at Hanoi Law University at … date … month … year 2014 The Thesis can be learnt in: 1) National Library; 2) Library of Hanoi Law University PREFACE Necessity of the subject The agricultural land recovery is not simply the land use right termination of organizations, households, individuals to a certain area of agricultural land but also leaves socio-economic consequences to be timely solved to maintain the socioeconomic stability The fact shows that this is a difficult, complicated work and severe, burning disputes, claims on land often arise According to the Government Inspectorate’s assessment, the claims relating to the indemnity when the State recovers agricultural land still occupies about 70% of total land claim cases This is caused by the legal system on land recovery and land indemnity which has inappropriate contents, in addition, the real legal enforcement in this sector still has shortcomings, limitations to be solved Therefore, the comprehensive study of the theoretical and practical issues to propose the complete solutions is a necessary work and has a great significance to complete the law on land in general and the law on compensation when the State recovers agricultural land in particular With such significance, I select the subject of “Law on indemnity when the State recovers agricultural land in Vietnam” to prepare the PhD thesis in law Object and scope of research of the Thesis 2.1 Object of research The research object of the subject includes: - Party and State’s system of point of view, guideline, policy and law on the land sector in general and on indemnity, assistance when the State recovers land in particular - Policy, law on indemnity when the State recovers land of some countries in the world such as: China, Korea and Singapore,… - Contents of Law on land of 2003 and implementation guiding documents on indemnity when the State recovers agricultural land, at the same time, studying the contents of the amended Law on land adopted by the National Assembly on November 29th, 2013, which shall be enforced on July 1st, 2014 - Practical information, data, cases on application of the provisions of the law on indemnity when the State recovers agricultural land in Vietnam - Scientific works on compensation when the State recovers land in general and law on indemnity when the State recovers agricultural land in Vietnam in particular published at home and abroad 2.2 Scope of research The indemnity when the State recovers agricultural land in Vietnam is a subject of large, complicated scope of research In the limited framework, the Thesis studies the theoretical and practical issues of the law on indemnity when the State recovers agricultural land in Vietnam in which focusing deeply on studying, learning the indemnity, assistance when the State recovers agricultural land of households, individuals; resettlement when the State recovers land out of the subject of this Thesis Research objective, task of the Thesis 3.1 Research objective The research objective of the subject: “Law on indemnity when the State recovers agricultural land in Vietnam” is the systematic theoretical and practical research on the legal bases on the State’s indemnity when recovering agricultural land at the PhD level On such basis, recommending the highly valuable solutions to complete the law, to satisfy efficiently the requirements proposed by the life reality, during the enforcement process of the law on indemnity when State recovers agricultural land 3.2 Research task In order to obtain the above research objective, the Thesis determines the following detailed research tasks: - To analyze the definition, characteristics of agricultural land; to analyze the definition, characteristics of agricultural land recovery and objective necessity of agricultural land recovery for the country’s industrialization and modernization career; to analyze the definition, characteristics and to explain the theoretical basis of indemnity when the State recovers agricultural land in Vietnam - To study the theoretical issues on the law on indemnity when the State recovers agricultural land; to learn about the law and the legal reality of some countries in the world on indemnity when the State recovers agricultural land and to complete the law on indemnity when the State recovers agricultural land - To assess the real situation of the law on indemnity when the State recovers agricultural land, on such basis, the Thesis gives the orientation and solutions to complete the law on indemnity when the State recovers agricultural land in Vietnam Methodology and research method of the Thesis In order to achieve the research objective and task of the subject, the Thesis used the following research methods: - Dialectical materialism and historical materialism scientific research methodology of Marxism - Leninism - Analytic method, comparative method, historical method, systematic method - Synthetic method, analytic method, evaluative method, collation method - Commentarial method, interpretation method used while learning about the reason of the shortcomings, limitations during the real enforcement process of the provisions on indemnity, assistance when the State recovers agricultural land New points and meaning of the Thesis The Thesis comprises the following new major contributions: - To supplement the theoretical and practical basis on indemnity when the State recovers agricultural land and the law on indemnity when the State recovers agricultural land in Vietnam; to analyze, clarify the adjustment mechanism of the law on indemnity when the State recovers agricultural land; - The Thesis analyzed and indicated the experience lessons for Vietnam during the establishment, completion process of the law on compensation when the State recovers agricultural land while analyzing, learning about the law and the legal reality of some countries on agricultural land indemnity when the State recovers agricultural land; - To assess this legal sector enforcement real situation and to show the reason of shortcomings, limitations On such basis, the Thesis mentions the requirement, orientation and proposes the detailed solutions to complete the law on indemnity when the State recovers agricultural land in Vietnam; The Thesis is a useful reference material not only for the land policy, law makers but also a useful monograph for the teaching, learning and scientific research work of the land law in our country’s legal training bases Structure of the Thesis Apart from the Commitment part, list of abbreviation words used in the Thesis, table of contents, Preface part, research situation Overview part, conclusion, list of studies relating to the subject of the Thesis published and list of references, the Thesis includes chapters OVERVIEW OF RESEARCH SITUATION ON SUBJECT OF THE THESIS Essential contents of studies relating directly to the subject of the Thesis The indemnity when the State recovers agricultural land is an important content of the State’s land management activity; carried out by the State competent agency to ensure the interests for the recovered land people in the country’s industrialization and modernization process The agricultural land recovery must be performed in the correlation between the agricultural land protection requirement (ensuring the sustainable development) and the objective indispensable nature of the transformation of agricultural land into non-agricultural land during the country’s new development stage; besides that, the life and work as well as the interests of the people after recovering land must be paid attention, ensured by the State This is a burning topical issue, therefore, there were many studies relating to this issue and reviewed under the different angles The research of the scientific works relating closely to the subject of the Thesis has a particularly important meaning Because this is the premise for the Thesis performance process, the basis for assessing, learning about the studied theoretical and practical issues, open issues, the oriented suggestions for the further issues to be studied, that the Thesis must focus on settlement It can say that, these are very useful references, of scientific value for the author during the research, performance of the Thesis at the PhD level Through leaning about and researching, the author sees that, there were some outstanding studies, relating to some different aspects of the subject of the Thesis These studies can be classified under the following research groups: 1.1 Research group on theoretical issues on indemnity when the State recovers land - Discussion articles on “Concept of indemnity when the State recovers land”; - Legal studies of some countries in the world on indemnity when the State recovers land and relevant policies; - Studies on transfer of land use purpose in the industrialization and modernization period in Vietnam; 1.2 Research group on contents of the law on indemnity when the State recovers land - Researches on land prices; - Research on indemnity methods; - Research on job settlement for the farmers whose land is recovered; - Research on assistance to the people whose land is recovered; - Researches on the life of the people after recovering land; - Commentarial researches on legal provisions on indemnity when the State recovers land 1.3 Research group on enforcement organization and completion of the law on indemnity when the State recovers land 1.4 Research group is scientific research Subject, master’s Report or Dissertation studying theoretical and practical issues on indemnity when the State recovers land Assessment, result of studies relating directly the subject of the Thesis and next key contents made by the Thesis 2.1 Some comments Approaching, learning about the studies relating to the subject of the Thesis published in the last time; we have some following comments, considerations: Firstly, in terms of research method The authors used mainly some following methods during the research process: - Dialectical materialism and historical materialism scientific methodology of the Marxism – Leninism to study the issue in the incessant movement, change sate and placed in the overall relationship, interaction between this phenomenon studied with other ones Moreover, the research object is considered, assessed under the “dynamic” state… to make the research issue abundant, diversified, at once traditional and modern This means that the research object is reviewed, assessed, approached during the formation and development movement process though the different historical stages to see the development, completion of the thought in general and of the legal thought in particular to response to the practical demand In addition, the Party’s points of view, guidelines, policies are the fundamental political orientations to locate for the authors during the research process to achieve the proposed research objectives - Information collection, treatment method The scientific information in the studies are collected, analyzed, treated by the authors from many other sources: (i) Provisions in the State’s legal documents; (ii) Resolutions, documents of the Party; (iii) From sociological survey, inspection result; (iv) From real enforcement summary of the law on indemnity, ground clearance when the State recovers land; (v) From works, articles of the domestic authors; (vi) From websites; (vii) From foreign documents,… showing that the studies of the previous authors also mentioned an other comprehensive and “multicolored” picture on indemnity, assistance to the people whose land is recovered - Analytic, synthetic method also applied in most of the studies as the basis for the authors to judge, assess the research issue under the legal implementation angle and the legal enforcement reality on indemnity and assistance when the State recovers land - Moreover, some other methods also used additionally such as deductive method, inductive method, comparative method,… to study and clarify the research contents Secondly, in terms of research content, it can have the following comments: One is that, even the issue approach can be different, the analyses and judgments can be under the different angles of view but the majority of studies on the above mentioned indemnity, assistance, resettlement reasoning issues when the State recovers land just attach special importance to propose the concept, characteristics of indemnity, assistance, the difference between indemnity and assistance as well as indemnity and compensation Along with that, the majority of the authors judge that the objective indispensability of the land recovery is explained under the required angle of the country’s industrialization and modernization career At the same time, confirming it is necessary that the State must be responsible to compensate for (indemnity, assistance) the people whose land is recovered through the explanation under the damage angle of the people whose land is recovered by the State We not deny the correctness of the judgments and assessments of the authors in the above mentioned studies, but if the reasoning on indemnity, assistance when the State recovers land is approached in more multidimensional manner, with larger scope, the research issue shall be more profound, as the better premise to approach the contents of the implementation law on this issue For example: the concept of land recovery must be studied in the relationship with expropriation, compulsory acquisition, or land requisition, in the relationship with land ownership, property ownership… Or, when the authors mention the consequence of the land recovery or the objective indispensability of the land recovery, the most just stop at the analysis and explanation from the requirement on the country’s industrialization and modernization career… We think that, the approach shall be more practical and more profound if they are recognized at the efficiency of the land recovery to transfer the purpose, to move the economic structure This shall become more evident when in fact, there are thousands of hectares of land of agriculture and forestry farms, stations, state-owned enterprises… existing in the old regime, were exploited and used inefficiently, wastefully and at this moment, still in “tremble”, not clear in their management and control mechanism Along with thousands of hectares of agricultural land assigned to the households, individuals to use stably, in long-term without paying land use fees to the State but they have no direct use demand but lease, lend, give to the others for exploitation without declaration… So, the question is that, such land areas must be represented by the State as the owner, at the same time as the State management entity on land, with redistribution and readjustment to how use efficiently, the land recovery to use for the State’s different purposes is also a one of the manifestations of such requirement Two are that, the studies published the objective indispensability of the indemnity, assistance when the State recovers land, as well as the approach works under the practical aspect of the indemnity, assistance such as: “Discussion on land price so high or low in indemnity” of MA Dang Anh Quan or “Discussion on land price as regulated by the Law on Land of 2003” of Pham Xuan Hoang; In terms of the concept of indemnity, there are “Theoretical issue around the indemnity concept when the State recovers land” of PhD Nguyen Quang Tuyen or “Some opinions to complete the law on indemnity when the State recovers land” of Le Ngoc Thach; Book of “Job settlement for the agricultural labor in the urbanization process” of Associate Prof Nguyen Thi Thom and MA Phi Thi Hang (co-editor) – National Political Publishing House in 2009, or Book of “Job of the farmers in the industrialization, modernization process of the Red delta to 2020” of PhD Tran Thi Minh Ngoc (editor) - National Political Publishing House in 2010),… showing that, the majority of the authors’ points of view think that, the State’s land recovery is for the use of the State, of the people who are exploiting, using without fault caused by them, the State is responsible to indemnify and compensate them for the damages encountered by them at both material and non-material aspects At the same time, the authors in the studies state that, the current policy on indemnity, assistance and resettlement is not actually satisfactory, much lower than the reality, hasn’t compensated the damages burdened by the people whose land is recovered… We completely share with the above mentioned remarks however we think that, the research issue shall be more diversified and multidimensional, deeper if their scope and object are extended For example, when the interests of the people whose land is recovered are solved, but due to limited legal execution awareness and consciousness, the ground clearance is delayed, to lead the delayed project implementation time schedule for the investors, causing damages to them, or the legal execution delay from the public authorities leads the project to prolonged to cause damages to the investors, who is responsible to compensate these damages? This is also a necessary issue to be questioned and solved further Three are that, to a certain extent, the studies firstly mentioned the practical aspects of the legal enforcement on indemnity, assistance, resettlement through analyzing the provisions of the current law and pointed out the practical examples for proving Details as: Article of “Assistance policy when the State recovers land of PhD Tran Quang Huy; Article of “Law on order, procedure of land recovery, indemnity and ground clearance and problems arising in the application process” of PhD Nguyen Thi Nga); Article of “Shortcomings, problems arising in the application process of the indemnity methods when the State recovers land” of PhD Nguyen Thi Nga and Bui Mai Lien)… Thereby, we see that, the “hidden corners” of the law on indemnity, support, resettlement when the State recovers land are gradually “half-opened” more clearly through vivid practical examples However, following and directly witnessing the reality in the recent years show that, shortcomings, problems are still much more diversified and complicated, they are expressed in many different forms, therefore, they must be studied more deeply, more practically so that this issue carries the respiration of the life This is also the wish that we shall be directed toward Four are that, many points of view, opinions were sporadically mentioned in all studies on solutions to contribute to continue to complete the law on indemnity, support, resettlement when the State recovers land However, they shall be more scientific, comprehensive and feasible when they are questioned more generally, uniformly and directly This is also the task that the Thesis is directed toward during the research process 2.2 Next key contents made by the Thesis Firstly, in the country’s industrialization and modernization process, the agricultural land recovery to transfer into the non-agricultural purpose is an objective necessary need, this was mentioned by the studies However, the agricultural land is recognized as a specific production material and of particularly important meaning in the socio-economic life in Vietnam (a country develops from the agricultural economy), that affects the provisions of the law on recovery and indemnity for agricultural land but hasn’t been clarified by the authors Thus, this is one of the contents to be continuously studied in the Thesis Secondly, in the indemnity sector when the State recovers land, there are still different scientific points of view on the terms relating to recovery and indemnity, the Thesis shall clarify more this issue Thirdly, the indemnity principles, conditions when the State recovers land are the very important orientations to affect the indemnity, satisfactory indemnity guarantee, correctness, sufficiency for damages that the land users must bear when land is recovered In the other hand, the indemnity policy shall be more feasible, more enforceable in fact if they are more approached and shared, interested to the enterprises, investors, particularly the investors in the real estate business sector in the current stage which is pushing them to encounter innumerable difficulties and challenges Along with that, the interests generated from the land movement process shall be also regulated fairly, appropriately to create income source to the State to reinvest, construct the country This hasn’t been clarified in the studies, the Thesis shall analyze more clearly this issue Fourthly, the land indemnity, indemnity of property on land, were mentioned by some studies but only general or at small aspects but haven’t described comprehensively these contents in consideration of both theoretical and practical aspects The Thesis shall study more systematically and deeply, comprehensively the land indemnity, indemnity of property on land when the State recovers agricultural land in which especially paying attention to indemnity price because this is the center of the indemnity issue In the other hand, when talking about the land indemnity price, the majority of studies only analyzed, thought in one way under the direction: the State’s indemnity price is low, too different from the market price or the support level is not satisfactory, not to ensure the life stability, job of the people whose land is recovered,… to have no back-thinking to share the difficulties faced by the enterprise and the State during the indemnity process It shall be more comprehensive when we recognize objectively to assess rightly the real situation of this issue, as the valuable basis to complete the law, this is the issue to be mentioned in the Thesis Fifthly, the support when the State recovers land was mentioned by the studies but mainly under the angle to analyze the provisions of the law on support but hasn’t clarified the nature as well as its relationship with the indemnity, this shall be expressed in the Thesis On the other hand, the provisions of the law on support shall be more deeply studied in the Thesis, because the author thinks that, in the indemnity sector when the State recovers agricultural land, the support is an additional very necessary measure to complete more the indemnity purpose, to ensure the legitimate interests for the farmers whose production material is recovered, to help them to quickly stabilize the life Particularly, some types of agricultural land in the relatively special positions such as: pond and garden land adjacent to living land not recognized as living land, agricultural land in the area neighboring to the urban area, administrative center or agricultural land alternated in the residential area… Under the existing law, these types of agricultural land have institutions very different to the type of pure agricultural land; in which, the support level is much higher than the indemnity level So, in fact, the application is extremely complicated and sensible, they are also one of the causes to “ignite” the disputes, claims, denouncements Therefore, they should be analyzed, judged more thoroughly and carefully Sixthly, the Thesis shall attach more special importance to its research direction from the real cases arising in fact with very different points of view, settlement opinions; there are shortcomings, problems that the reason due to the implementation law still has gaps, opened so there is no basis for application; but there are shortcomings, problems caused by a lack of clarity, transparency of the law, so the understanding and application are not similar in the localities; there are the provisions which have proved far from the reality and the entities intentionally find the way to “sneak the law” to obtain illegal profits,… Seventhly, the Thesis is made in the context of the Law on Land of 2013 adopted by the National Assembly but not effective Therefore, the acquisition and inheritance of the previous provisions of the law on indemnity shall be continuously studied to have a mechanism for developing, enforcing more efficiently in fact; at the same time, the new contents of the provisions of principle and generalization in the law shall be carefully studied thoroughly to have more concrete, detailed enforcement instructions with a proper mechanism This shall be also focused by the author during the Thesis research process In summary, in the country’s industrialization and modernization process, especially in the socio-economic context with continuous and quick changes, the results that our country’s legal scientific researchers reached in the indemnity sector when the State recovers land in general and agricultural land in particular should be continuously studies, added and completed Therefore, an independent, intensive and systematic study on the indemnity law is very necessary when the State recovers agricultural land in Vietnam, this is the task that the Thesis shall Chapter THEORETICAL ISSUES ON INDEMNITY WHEN THE STATE RECOVERS AGRICULTURAL LAND AND LAW ON INDEMNITY WHEN THE STATE RECOVERS AGRICULTRUAL LAND IN VIETNAM 1.1 Reasoning on agricultural land recovery 1.1.1 Concept, characteristics of agricultural land 1.1.1.1 Concept of agricultural land The beginnings of the humankind, land was considered as the premise of the nature, initial condition of the life The famous historian, monographer Phan Huy Chu (1782-1849) in the XIXth century wrote: “Treasures of a country not what 11 people, when the State performs the land recovery It is important that, when the State recovers land, a serious implementation mechanism of the offset corresponding to the tangible and intangible damages on material and spirit to the people whose land is recovered 1.2.2 Concept of indemnity when the State recovers agricultural land The indemnity when the State recovers land can be fully understood as follows: The indemnity when the State recovers land is that the State or organizations, individuals assigned, hired by the State with land to use for the defense, security, national benefit, public benefit, economic development must offset damages of land and property on land caused by the land recovery act, to the land users in compliance with the provisions provided by the law on land Deriving this concept, the concept of indemnity when the State recovers agricultural can be given as follows: The indemnity when the State recovers agricultural land is that the State or organizations, individuals assigned, hired by the State with agricultural land to use for the defense, security, national benefit, public benefit, economic development purposes must offset damages of land and property on land caused by the agricultural land recovery act, to the land users in compliance with the provisions provided by the law on land The indemnity when the State recovers agricultural land owns some main specific characteristics as follows: Firstly, as a basis to generate the indemnity when the State recovers agricultural land, that is when the State recovers land to use for the defense, security, national benefice, public benefice purposes or for the economic development target Secondly, in terms of beneficiaries to be indemnified when the State recovers agricultural land: only the legal agricultural land use right people namely with land use right certificate, or legal land use right paper or enough conditions to issue just indemnified land use right certificate Thirdly, in terms of indemnity scope when the State recovers agricultural land, the households, individuals whose land is recovered not only are indemnified for land and property damages but also considered, solved by the State for social issues such as life stabilization support, production stabilization support, transfer of job through new career training 1.2.3 Concept of support when the State recovers agricultural land The “support” is that the State solves the consequences happening after the indemnity, the “support” can be considered as a solution in the indemnity, plays a role to offset the gaps that the indemnity provisions haven’t solved 1.2.4 Reasoning basis of indemnity when the State recovers agricultural land The indemnity when the State recovers agricultural land is established on the following essential reasoning foundations: Firstly, based on the whole population land possession regime of which the State is the representative Secondly, based on our State’s preeminent nature Thirdly, based on the land users’ profit damages, it’s the consequence arising directly caused from the State’s land recovery act 12 1.3 Reasoning on law on indemnity when the State recovers agricultural land 1.3.1 Objective necessity of the law governing the indemnity when the State recovers agricultural land Firstly, the law has the specific characteristics that the other management measures have no; it’s normative property, general compulsoriness, enforcement and adaptability Secondly, deriving the whole population land possession regime of which the State is the representative The State on behalf of the people performs the right of the owner On such basis, the State carries out land hand-over, land hire or land recovery… Thirdly, as mentioned in the above part, the indemnity when the State recovers land in general and the indemnity when the State recovers agricultural land in particular is a difficult, complicated and sensible sector; because it directly touches the practical benefits of the relevant parties that first of the land users, therefore an efficient adjustment by the law is required Fourthly, the law specifies in details land recovery cases, agricultural land recovery purpose, recovery competence, order, procedure and consequence resolution method caused by the agricultural land recovery,… These provisions help the indemnity work when the State recovers agricultural land to be performed explicitly, fairly and lawfully 1.3.2 Concept, characteristics and factors affecting the law on indemnity when the State recovers agricultural land 1.3.2.1 Concept of law on indemnity when the State recovers agricultural land Studying, learning about the contents of these provisions, it can see that the law on indemnity when the State recovers agricultural land is an important institution of the law on indemnity of Vietnam and understood in reasoning aspect as follows: “The law on indemnity when the State recovers agricultural land is the synthesis of legal norms issued by the State to adjust the social relationships arising during the indemnity process when the State recovers agricultural land, to solve harmoniously the interests of the State, investors and of the people whose land is recovered” 1.3.2.2 Characteristics of law on indemnity when the State recovers agricultural land The law on indemnity when the State recovers agricultural land as a specific institution in the State’s land management has some main specific characteristics as follows: Firstly, the law on indemnity when the State recovers agricultural land is influenced and affected by the form of whole population land possession Secondly, the indemnity basis in the law on agricultural land recovery is not only on the actual material damages borne by the farmers when the State recovers land but also calculates the non-material damages at the recovery time and in the future that the farmers must encounter Thirdly, the law on indemnity when the State recovers agricultural land must solve harmoniously the conflict between the “public” benefits of the State, of the society and the “private” benefits of the land users in the land recovery 13 1.3.2.3 Factors affecting the law on indemnity when the State recovers agricultural land Party’s point of view, guideline on construction and completion of the land legal policy in general and the policy, law on indemnity, support when the State recovers land in particular; whole population’s land possession regime; economic management mechanism and international integration process 1.3.3 Adjusted legal structure on indemnity when the State recovers agricultural land Firstly, the normative group regulates the indemnity principles and conditions when the recovers agricultural land The indemnity principle when the recovers agricultural land is understood as the general fundamental provisions, an orientation and a basis for the performance and application of the detailed provisions on indemnity when the recovers agricultural land The indemnity condition when the recovers agricultural land is the factors that the land users should have so that they can be indemnified when the recovers land The indemnity conditions must be regulated to ensure that the indemnity is fairly, reasonably, properly performed to the land use reality to protect maximum the benefits to the land users, to ensure the close strictness in accordance with the law Secondly, the normative group specifies the contents of indemnity, support to the people whose land is recovered The indemnity, support contents to the people whose agricultural land is recovered include the detailed provisions of indemnity scope (that is land indemnity and damage indemnity of property on land, in the certain cases the State can support); of indemnity method (the indemnity can be made by agricultural land having the same use purpose with recovered land or by money equivalent to the recovered agricultural land use right value); of land price to be indemnified, calculated under the land price frame stipulated by the State correspondingly to the types of recovered land, at the land recovery time Thirdly, the normative group states the indemnity order, procedure to the people whose land is recovered Fourthly, the normative group stipulates the resolution of claims, denouncements relating to the indemnity, support when the State recovers agricultural land The recovered land people if not agreeing with the indemnity, support decision, have the right to make claims, denouncements to the competent authorities 1.4 Formation and development history of the law on indemnity when the State recovers agricultural land 1.4.1 Stage before the issue of the Law on land of 1993 1.4.2 Stage from the issue of the Law on land of 1993 to before the issue of the Law on land of 2003 1.4.3 Stage from the issue of the Law on land of 2003 to now The Law on land of 2003 reserves item chapter to stipulate the land recovery and indemnity when the State recovers land with many important amendments, supplements, attached with quite a lot of implementation guiding documents, in which emphasizing the harmonious resolution point of view of the 14 benefit of the State, land users and investors, heightening the open and transparent principle in the land recovery… At this moment, these issues were recognized at chapter VI Law in land of 2003 (from Article 61 to Article 94) In summary: The development process research of the indemnity provisions when the State recovers land through the periods indicates that our State always cares about the amendment, supplement and completion of the legal system of this sector to meet the practical requirement and to protect more and more the legal rights and benefits of the people whose land is recovered and the common benefits of the community in the land use for the security, defense, national benefit, public benefit, socio-economic development purposes 1.5 Experiences and legal reality of some countries in the world on indemnity when the State recovers agricultural land and suggestions to Vietnam 1.5.1 Experiences of China 1.5.2 Experiences of Korea 1.5.3 Experiences of Singapore 1.5.4 Some suggestions to Vietnam during the construction and completion process of the law on indemnity when the State recovers agricultural land Firstly, it needs to grasp thoroughly the principle that the person who uses land is responsible for the indemnity, to associate the entitled benefits with the responsibilities to be done and to create a justice in the land recovery, this was performed by the countries Secondly, Vietnam should determine an appropriate land valuation model to construct a professional land valuation agency, of independence to work objectively, correctly Thirdly, when implementing the indemnity work, it should pay special attention to solve the social issues to the recovered agricultural land people; because generally, due to the specific objective and subjective conditions, the farmers are difficult to find an appropriate job to their capacity Fourthly, even in Korea, land is under the private possession, but because land is a type of public property, if land is used in the general purposes such as defense, security, national benefit, public benefit… The State still reserves the right to recover land Conclusion of Chapter 1 Agricultural land is a special production material, can not be replaced in the agricultural production For our country, agricultural land plays a particularly important position on a lot of politic, economic, social and environmental aspects in the condition where 70% of the population are farmers Our country is in the industrialization, modernization promotion process to achieve the target to 2020 to become basically an industrial country under the modern direction The land recovery in general and the agricultural land recovery in particular is unavoidable to solve the land issue required by the country’s industrialization and modernization 15 The agricultural land recovery influences directly the farmers’ benefits and causes the adverse consequences to them such as no production land, life falling into difficult situation,… In order to solve the negative consequences caused by the agricultural land recovery to the land users, the State is responsible to perform the indemnity when recovering agricultural land The indemnity provisions when the State recovers land are constructed and promulgated to create a legal basis for the actual implementation Because the agricultural land recovery is a difficult, complicated issue, the indemnity institution when the State recovers agricultural land often amended, supplemented and completed in accordance with the requirement of the country development reality In addition, in the market economic condition and international integration, the reference, acquisition of experiences of the countries during the construction and completion process of the law in general and of the law on indemnity when the State recovers agricultural land in particular are very necessary; because, the construction of the law in the market economy is still a relatively new issue in our country, meanwhile, the countries which have a developed market economy reached many useful experiences of this issue Chapter REAL SITUATION OF THE LAW ON INDEMNITY WHEN THE STATE RECOVERS AGRICULTURAL LAND 2.1 Content of law on indemnity when the State recovers agricultural land 2.1.1 Content of legal provisions on indemnity principles when the State recovers agricultural land According to the provisions of the existing law, the indemnity when the State recovers agricultural land must comply with the essential principles recognized at article 14 Decree No 69/2009/ND-CP dated August 13th, 2009 and article 18 Decree No 197/2004/ND-CP dated December 3rd, 2004, details as follows: Firstly, the recovered land people who have enough conditions in accordance with the provisions of the law are indemnified; in case of not enough conditions to be indemnified, the People’s Committee of the central provinces, cities (hereinafter referred to as Provincial level People’s Committee) considers for support; Secondly, the State recovers land which has been used by the people into which purpose, such people are indemnified by assigning new land of the same use purpose, if no land for indemnity, indemnified by the land use right value calculated under the land price at the land recovery decision time Thirdly, in the event the indemnified land users when the State recovers land haven’t performed the land financial obligation to the State in accordance with the provisions provided by the law, it should minus the amount to perform the financial obligation in the indemnity, support amount to refund to the State’s budget Fourthly, the owners who have properties associated with land when the State recovers and are damaged, are indemnified 16 Fifthly, the State regulates a part of benefits from the land recovery, use purpose transfer to carry out the support amounts to the people whose land is recovered 2.1.2 Content of law on indemnity condition when the State recovers agricultural land Firstly, the people whose land is recovered by the State desires to be indemnified only in the event the State recovers land to be used in the defense, security, national benefit, public benefit purposes and economic development target Besides, they must satisfy fully the conditions to be indemnified, that is: to have land use right certificate or legal paper on land use right or enough conditions to issue land use right certificate Secondly, the law on land anticipated also difficulties, shortcomings in the indemnity reality when the State recovers agricultural land, caused by the historical shortcomings In order to solve these issues, our country’s law assigns the People’s Committee of the communes, wards, towns where the recovered land is confirmed on its legal status: used land origin having any disputes or not; appropriate to the land use planning or not; land use time before or after October 15th, 1993 Therefore, the opinion of the People’s Committee of the communes, wards, towns is very important to affect directly the land users who can be indemnified or not when recovering land If the land use origin determination of the People’s Committee of the commune is correct to the land use status and fair, there is no discussion Vice versa, if the land use confirmation of the People’s Committee of the commune is not correct because during a long period of time, we loosed the land management to lead a loss of land documents, materials or the unfair confirmation due to corruption, negation… shall cause disadvantages to the recovered land people and rise indemnity claims when the State recovers land In addition to the indemnity condition provisions when the State recovers land, the current law on land also mentions in details, clearly the land recovery cases without land indemnity and without indemnity of property on land 2.1.3 Content of detailed legal provisions on indemnity of land and indemnity of property when the State recovers agricultural land 2.1.3.1 Provisions on indemnity of land - Indemnity methods: The indemnity when the State recovers agricultural land can be performed under two methods, that is the indemnity by land of the same use purpose or if no land for indemnity, by money calculated under the land price of the same use purpose - The indemnity land price is the land price under the current use purpose at the land recovery decision time published by the Provincial level People’s Committee under the Government’s price frame 2.1.3.2 Provisions on indemnity of property When the State recovers agricultural land, the property which can be indemnified is plants and animals on land 2.1.4 Content of legal provisions on support to the recovered agricultural land people 17 2.1.4.1 Provision on life stabilization and production stabilization support when the State recovers agricultural land 2.1.4.2 Provision on career transfer and job creation support when the State recovers agricultural land Going deep into understanding the enforcement real situation of the provisions on career training, transfer to the farmers whose agricultural land is recovered by the State, some assessments, comments can be proposed as follows: Firstly, according to the law on land, the households, individuals who directly produce the agriculture when the State recovers agricultural land without agricultural land for indemnity are not only indemnified by money but also supported to transfer career Secondly, in the event the people whose agricultural land is recovered are supported to transfer career, but the career transfer of these beneficiaries are not supported by money, they are supported by a portion of living land, or an apartment, or a portion of production, business land 2.1.5 Content of legal provisions on land recovery order, procedure and indemnity, support when the State recovers agricultural land Learning about the enforcement reality of the legal provisions on recovery order, procedure and indemnity, support when the State recovers agricultural land shows the following main shortcomings, inadequacies: Firstly, in terms of the project implementation location introduction and land recovery notice One is that, in terms of the project implementation location introduction: This content, according to us, the law specifies quite simply and not closely, without detailed conditions or clear targets for the types of agricultural land to be transformed in the project, leading that the agricultural land recovery (particularly land of two rice crops) for the non-agricultural purpose is too easy Two are that, in terms of the provision that “the People’s Committee of the competent level shall notice to recover land right after the investment location introduction” This provision contributed to push the land recovery, ground clearance time schedule, but in the one hand, also expressed very clearly the State’s right to self-decision Secondly, in terms of adjustment, supplement of the land use planning During this project implementation process, one common reality happens, that is that, deriving from the essential profits of the investors, the land use planning for the project is adjusted, supplemented too many times This causes pressings in the public opinion and also is the reason for the people to protest against the State’s land recovery decision Thirdly, in terms of land recovery coercion The Clause Article 39 Law on Land of 2013 specifies the case where the recovered land people fail to execute the land recovery decision, the People’s Committee of the competent level to decide the land recovery issues the coercion decision The coerced people must execute the coercion decision and have the right 18 to make claims While the claim resolution decision hasn’t been given, the land recovery decision must continue to be performed (Clause 2, article 40 Decree 69) Fourthly, some limitations in the provision on two voluntary and compulsory land movement mechanisms 2.1.6 Content of legal provisions on indemnity claim, denouncement resolution when the State recovers agricultural land 2.2 Some issues set up from the enforcement reality of the law in agricultural land recovery and indemnity The practical research on the agricultural land recovery, indemnity, support and ground clearance in the last time indicates that: In general, the recovered land area satisfied the socio-economic development target, ensures the local defense, security The legal provisions on indemnity, support when the State recovers land were step by step adjusted, supplemented in accordance with the market economy management mechanism, ensure better the lawful profits of the recovered land people However, going deep into learning about this issue, we can see that some outstanding negative impacts of the agricultural land recovery and indemnity when recovering land as follows: One is that, the agricultural land area is seriously reduced Two are that, the farmers lose production material, leading loss of job, but no chances and not enough conditions to look for a new job Three are that, the land indemnity amount was not properly used by the farmers, so after a period of time, they have nothing in hands, money finishes, production material is no longer, no job, no income Four are that, the development of the industrial parks, urban areas along with increasingly narrow agricultural area created the labor movement from the countryside to the city and caused unavoidable socio-economic corollaries Five are that, the living environment of the people in the areas where the industrial parks are constructed is seriously affected Conclusion of Chapter The law on indemnity when the State recovers agricultural land is an important legal aspect in the law on land in general, including a lot of legal institutions adjusting the issues relating to the agricultural land recovery and damage indemnity when recovering agricultural land The people whose land is recovered, property on land is damaged shall be indemnified with land, with property damage In some certain cases, they are supported by the State when recovering agricultural land, such as life and production stabilization support, career transfer and training and job creation support,… Support to offset the gap in which the indemnity hasn’t comprehensively performed, so that the recovered agricultural land people quickly overcome the life and job difficulties when recovering land Vietnam, a country having over 70% of the population as farming, is in the integration and development process Placed in such context, the indemnity when 19 the State recovers agricultural land is a complicated issue and of burning actuality and has not less than inadequacies, limitations generated because the State’s policy, law haven’t covered the practical issues, but change continuously, improperly, the application of the law is arbitrarily done, not seriously… For example: the provisions of some indemnity principles are not close, infeasible; the land indemnity price is still much lower than the market price, therefore not ensuring the benefits to the land users; the support is inefficiently performed, without a guarantee mechanism for the career training to the farmers whose land is recovered… Chapter SOLUTION TO COMPLETE THE LAW AND TO ENHANCE THE ENFORCEMENT EFFICIENCY OF THE LAW ON INDEMNITY WHEN THE STATE RECOVERS AGRICULTURAL LAND 3.1 Orientation to complete the law on indemnity when the State recovers agricultural land in Vietnam Firstly, the completion of the law on indemnity when the State recovers agricultural land should base on the Party’s point of view, guideline, policy to continue to innovate the policy, law on land during the innovation work comprehensive promotion period, to create a foundation so that to 2020, our country shall basically become an industrial country under the modern direction Secondly, the completion of the law on indemnity when the State recovers agricultural land must base on the harmonious resolution of the benefits of the State, enterprises and of the land recovered people Thirdly, the completion of the law on indemnity when the State recovers agricultural land must be placed in the relationship with the completion of the law in land in general and other relevant laws Fourthly, the completion of the law on indemnity when the State recovers agricultural land must base on the definitive completion of the land use right certificate issuance together with the modernization of the land survey map system, documents Fifthly, the completion of the law on indemnity when the State recovers agricultural land must base on the experiences and legal reality of the countries in the world in this sector 3.2 Solution to complete the law on indemnity when the State recovers agricultural land in Vietnam 3.2.1 Solution group to complete the law on indemnity when the State recovers agricultural land 3.2.1.1 Completion of the legal provisions on indemnity principle when the State recovers land 3.2.1.2 Completion of the legal provisions on indemnity price determination mechanism when the State recovers agricultural land 3.2.1.3 Completion of the legal provisions relating to the indemnity conditions when the State recovers agricultural land 20 3.2.1.4 Completion of the legal provisions on the State’s regulation of a part of benefits from the land recovery, use purpose transfer to perform the support amounts to the agricultural land users 3.2.1.5 Completion of the legal provisions on recovery order, procedure and indemnity when the State recovers agricultural land 3.2.1.6 Completion of the legal provisions on indemnity claim, denouncement resolution when the State recovers agricultural land 3.2.2 Solution group to complete the legal provisions on job support and settlement to the farmers when the State recovers agricultural land 3.2.2.1 Completion of the support policies in general 3.2.2.2 In terms of job settlement to the farmers whose agricultural land is recovered 3.2.3 Solution group to enhance the enforcement efficiency of the law on indemnity when the State recovers agricultural land 3.2.3.1 Publicity and transparency promotion of the enforcement process of the law on indemnity when the State recovers agricultural land 3.2.3.2 Time schedule acceleration and quality enhancement of the land use right certificate issuance 3.2.3.3 Strengthening of the legal education propagation, popularization work on land in general, as well as of the law on indemnity when the State recovers agricultural land in particular to the staff and people, from that, creating the people’s consensus when the State recovers land 3.2.3.4 Strengthening of the violation inspection, verification, supervision and settlement in the performance process of the provisions on land recovery order, procedure, indemnity, support when the State recovers land 3.2.3.5 Serious performance of the land use planning, plan preparation work; strengthening of inspection, verification, supervision of land use planning, plan preparation Conclusion of Chapter The completion of the law on indemnity when the State recovers agricultural land is an objective requirement in Vietnam The requirement proposed for the completion of the law at once has the proper, appropriate orientation solutions and the detailed practical solutions, to carry out the following targets: Firstly, to overcome the existing limitations, inadequacies affecting negatively the indemnity when the State recovers land in our country at this moment; Secondly, to orient toward the construction of the perfect legal system on indemnity when the State recovers agricultural land in Vietnam The completion of the law on indemnity when the State recovers agricultural land in Vietnam is a difficult and complicated task, requires a process and not only needs a correct orientation but also have feasible practical solutions, together with the efficient implementation organization of the proposed solutions in 21 the real life The legal system on indemnity when the State recovers agricultural land is strict, appropriate; but shall not be easily implemented in the life and promote the efficiency if without active support and participation of the intermediate institutions Therefore, in addition to enhancing the responsibility spirit, professional ethics and professional qualification fostering to the staff of the legal enforcement agencies, the law requires to determine clearly, in details the function, duty, power, responsibility coordinated between the agencies; to define clearly the liability of each entity when performing its duty Based on analyzing the content of the legal provisions, as well as assessing the legal application real situation as carried out in chapter 2; from that, to withdraw the limitations, inadequacies to be completed The Chapter proposes the scientific interpretations for the necessity of the completion of the law, as well as the completion orientation of the law on indemnity when the State recovers agricultural land From that, the Thesis recommends some solutions to complete the law under three groups: Solution group to complete the law on indemnity when the State recovers agricultural land: This content mentions the solutions to complete the legal provisions on indemnity principle when the State recovers agricultural land; on indemnity land price determination mechanism; on procedure, recovery and indemnity order when the State recovers agricultural land; on claim, denouncement resolution when the State recovers agricultural land Solution group to complete the legal provisions on job support and settlement to the farmers when the State recovers agricultural land The solution for this issue should focus on some following essential aspects: - When performing the support, it needs to distinguish clearly two groups of objects, that is that: group of farmers in the working age and group of farmers out of the working age, so the appropriate and efficient support plan shall be proposed - When recovering agricultural land, it should pay attention to the career training to the farmers, career training that the enterprises need to associate the career training with the job settlement; on the other hand, the enterprises are requested to execute seriously the arrangement policy of the labor to work in the enterprises and to have a control mechanism this issue implementation Solution group to enhance the enforcement efficiency of the law This content focuses on some main solutions as follows: Publicity and transparency promotion of the enforcement process of the law on indemnity when the State recovers agricultural land; Time schedule acceleration and quality enhancement of the land use right certificate issuance; Strengthening of the legal education propagation, popularization work on land in general, as well as of the law on indemnity when the State recovers agricultural land in particular to the staff and people, from that, creating the people’s consensus when the State recovers land; Serious performance of the land use planning, plan preparation work; strengthening of inspection, verification, supervision of land use planning, plan preparation, 22 particularly the agricultural land use planning for the non-agricultural purpose should be carefully considered CONCLUSION The indemnity, support, resettlement when the State recovers land in general and the indemnity when the State recovers agricultural land in particular is a complicated issue and of burning actuality, attracted by whole society’s attention; affects directly the people’s life, psychology and impacts not less the political stability With the target to strengthen comprehensively the innovation work, to create the foundation to 2020, our country shall basically become an industrial country under the correct direction, we must perform the country’s industrialization and modernization In order to solve the land problem to meet the country’s industrialization and modernization, the transfer of a part of agricultural land into the non-agricultural purpose through the State recovers land is unavoidable However, this work causes a lot of consequences if they are not definitively solved on time, long disputes and claims shall arise and the political instability risk is potential The law on indemnity when the State recovers land in general and the law on indemnity when the State recovers agricultural land in particular is born to create the legal basis for the agricultural land recovery and the harmonious resolution of the relevant parties’ benefits: Benefits of the State, benefits of the recovered land people and benefits of the agricultural land users for the other purposes On the basis to learn about the theoretical issues on the law on indemnity when the State recovers agricultural land in Vietnam at Chapter 1; reality assessment on the law and orientation, solution recommendation to complete the law on indemnity when the State recovers agricultural land in Vietnam at Chapter and Chapter 3, the Thesis draws some following main conclusions: The agricultural land recovery only is carried out in the necessary case to use in the defense, security, national benefit, public benefit purposes and the country’s general economic development target specified in details by the law on land at Article 39, Article 40 Law on Land of 2013 and relevant implementation guiding documents The State’s agricultural land recovery used in the defense, security, national benefit, public benefit purposes and the country’s general economic development target is not caused by the land users’ fault but originated from the society’s objective demand Therefore, the State as the powerful political organization established by the society, on behalf of the society, is responsible to compensate the people whose land is recovered This is not only the liability but also the State’s social responsibility The State’s agricultural land recovery causes heavy consequences to the land users They lose production material, become the people without job, their income is reduced and they fall into the family life situation of many difficulties In order to ensure the agricultural land users’ rights and benefits, the law on indemnity 23 when the State recovers agricultural land not only mentions indemnity of land (indemnity of actual recovered land area), indemnity of property associated with recovered land but also specifies the support to the agricultural production direct people who lose agricultural land, support in career training, transfer, difficult life support caused by production land loss The law on indemnity when the State recovers land (including law on indemnity when the State recovers agricultural land) develops strongly since the Law on land of 1993 and implementation guiding documents were born This legal sector is often reviewed, amended, supplemented and completed in accordance with the reality The system of the current land legal documents, including Law on Land of 2003; Decree No 181/2004/ND-CP dated October 29th, 2004; Decree 197/2004/ND-CP dated December 3rd, 2004; Decree No 84/2005/ND-CP dated May 25th, 2005, Decree No 69/2009/ND-CP dated August 13th, 2009,… and now Law on Land of 2013, created a legal basis for the indemnity, support, resettlement when the State recovers land in general and the indemnity when the State recovers agricultural land in particular to be efficiently done Approaching, learning about the law and legal reality on indemnity of China, Korea and Singapore when the State expropriates agricultural land indicate some useful open suggestions to Vietnam during the construction and completion process of the law on indemnity when the State recovers agricultural land, details as: (i) The law of China pays special attention to the life guarantee to the farmers who lose production land in the working age; for the recovered agricultural land people out of the working age or nearly out of the working age, they are entitled to receive support money through the unemployment compensation fund; (ii) The land recovery in Korea is performed on the community’s consultation from the recovered land people under the relative consensus principle; so receives the people’s support The indemnity based on the land price determined by the land valuation professional agency on the average addition principle of land price between the land valuation professional agencies is defined; (iii) In Singapore, the public, transparent and democratic principle is heightened in the land recovery and indemnity to the people whose land is recovered,… The real situation assessment of the law on indemnity when the State recovers agricultural land in Vietnam shows that in addition to the obtained results, the enforcement of this legal sector still reveals some following key limitations: (i) The indemnified land price determination under the land price list specified and published by the provincial level People’s Committee on October 1st annually is not appropriate; because this price list often is lower than the actual land use right transfer price on the market in the normal conditions so the recovered land people not agree; (ii) The indemnity price which is the land price determined at the time where the competent agency gives the land recovery decision is not reasonable; because at this time, the recovered land people fail to receive indemnity amount but after a period of time, they can receive money due to delayed, troubled implementation procedures; (iii) The career training and transfer support to the 24 farmers who lose production land reaches low efficiency and is formalistic; due to lack of a synchronous, detailed mechanism for enforcement; (iv) The harmonious resolution the benefits between the State and the recovered land people and enterprises, investors in the indemnity when the State recovers agricultural land is not efficient as desired The people who lose agricultural land are still the people to bear the most disadvantages when the State recovers agricultural land; (v) Two recovery mechanisms of agricultural land to be used in the economic purpose exist: Compulsory land recovery mechanism and negotiable land recovery mechanism caused the enviousness inside the recovered agricultural land people, from that long land claims and disputes arise On the other hand, the land users have no cooperation goodwill with the enterprises, through the requirement proposal, the investors require the indemnity price over their financial capacity, this caused the delayed time schedule of the ground clearance to implement the project, discouraged the investors and reduced the attractiveness of the investment environment in some localities,… In order to overcome the above mentioned inadequacies, the completion of the law on indemnity when the State recovers agricultural land must base on the following main orientations: - The completion of the law on indemnity when the State recovers agricultural land bases on the Party’s point of view, guideline to continue to innovate the land law, policy during the comprehensive promotion period of the innovation work to create the foundation to 2020, where our country shall basically become an industrial country under the modern direction - The completion of the law on indemnity when the State recovers agricultural land bases on the harmonious resolution principle of the benefits of the State, recovered land people and enterprises, investors On the basis of the complete orientation of the law on indemnity when the State recovers agricultural land, the Thesis suggests some following key completion solutions: - To supplement the provision on determining the community’s consultation mechanism right since the indemnity plan is prepared when the State recovers agricultural land - To amend, supplement the indemnity price provision when the State recovers agricultural land as the land price defined at the time where the recovered agricultural land people receive indemnity amount - To complete the legal provision on the indemnity price determination mechanism when the State recovers agricultural land - To complete the legal provision on two voluntary and compulsory land movement mechanisms - To supplement the provision to determine in details and synchronously the career training and transfer mechanism to the agricultural production direct people whose land is recovered LIST OF STUDIES RELATING TO THE THESIS PUBLISHED Pham Thu Thuy (2011), “Real situation and completion solution on indemnity, support and resettlement when the State recovers land of Law on Land of 2003”, Summary record of Scientific Conference: Scientific basis of amendment of Law on Land of 2003, Hanoi, December 17th, 2011 Pham Thu Thuy (2012), “Application of the law on agricultural land recovery and some completion solutions”, Natural Resources and Environment Magazine, (No 10) Pham Thu Thuy (2012), “Land price as basis to calculate indemnity when the State recovers agricultural land”, Law Magazine, (No 9) Pham Thu Thuy (co-author), (2103), “Discussion on land recovery, indemnity, support and resettlement”, Natural Resources and Environment Magazine, (No 13) Pham Thu Thuy (co-author), (2103), Indemnity, support, resettlement principles when the State recovers agricultural land and proposed practical issues, University-level scientific subject: “Law on indemnity, support, resettlement when the State recovers land - Real situation and completion orientation” (Subject Manager: PhD Nguyen Thi Nga) Pham Thu Thuy (2014), “Some issues on indemnity, support, resettlement when the State recovers land, in the comparison between Law on Land of 2003 and Law on Land of 2013”, Summary record of Scientific Conference: New key contents of Law on Land of 2013, Hanoi Open University, Hanoi, March 20th, 2014 Pham Thu Thuy (2014), “Issues proposed from the actual application of the law on agricultural land recovery”, Democracy and Law Magazine, No of March (264) in 2014 [...]... REAL SITUATION OF THE LAW ON INDEMNITY WHEN THE STATE RECOVERS AGRICULTURAL LAND 2.1 Content of law on indemnity when the State recovers agricultural land 2.1.1 Content of legal provisions on indemnity principles when the State recovers agricultural land According to the provisions of the existing law, the indemnity when the State recovers agricultural land must comply with the essential principles recognized... the countries in the world in this sector 3.2 Solution to complete the law on indemnity when the State recovers agricultural land in Vietnam 3.2.1 Solution group to complete the law on indemnity when the State recovers agricultural land 3.2.1.1 Completion of the legal provisions on indemnity principle when the State recovers land 3.2.1.2 Completion of the legal provisions on indemnity price determination... under the modern direction Secondly, the completion of the law on indemnity when the State recovers agricultural land must base on the harmonious resolution of the benefits of the State, enterprises and of the land recovered people Thirdly, the completion of the law on indemnity when the State recovers agricultural land must be placed in the relationship with the completion of the law in land in general... when the State recovers land In addition to the indemnity condition provisions when the State recovers land, the current law on land also mentions in details, clearly the land recovery cases without land indemnity and without indemnity of property on land 2.1.3 Content of detailed legal provisions on indemnity of land and indemnity of property when the State recovers agricultural land 2.1.3.1 Provisions... Studying, learning about the contents of these provisions, it can see that the law on indemnity when the State recovers agricultural land is an important institution of the law on indemnity of Vietnam and understood in reasoning aspect as follows: The law on indemnity when the State recovers agricultural land is the synthesis of legal norms issued by the State to adjust the social relationships arising... arising during the indemnity process when the State recovers agricultural land, to solve harmoniously the interests of the State, investors and of the people whose land is recovered” 1.3.2.2 Characteristics of law on indemnity when the State recovers agricultural land The law on indemnity when the State recovers agricultural land as a specific institution in the State s land management has some main specific... implement the project, discouraged the investors and reduced the attractiveness of the investment environment in some localities,… 7 In order to overcome the above mentioned inadequacies, the completion of the law on indemnity when the State recovers agricultural land must base on the following main orientations: - The completion of the law on indemnity when the State recovers agricultural land bases on the. .. when the State recovers land in general and the indemnity when the State recovers agricultural land in particular to be efficiently done 5 Approaching, learning about the law and legal reality on indemnity of China, Korea and Singapore when the State expropriates agricultural land indicate some useful open suggestions to Vietnam during the construction and completion process of the law on indemnity when. .. Thirdly, the law on indemnity when the State recovers agricultural land must solve harmoniously the conflict between the “public” benefits of the State, of the society and the “private” benefits of the land users in the land recovery 13 1.3.2.3 Factors affecting the law on indemnity when the State recovers agricultural land Party’s point of view, guideline on construction and completion of the land legal... the State recovers agricultural land: This content mentions the solutions to complete the legal provisions on indemnity principle when the State recovers agricultural land; on indemnity land price determination mechanism; on procedure, recovery and indemnity order when the State recovers agricultural land; on claim, denouncement resolution when the State recovers agricultural land Solution group to