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Law on support when the state reclaims land through practice in Bac Tu Liem district, Hanoi city - 1


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VIETNAMESE SOCIAL SCIENCES

Academy of Social Sciences

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UONG VAN LAP

Law on support when the state reclaims land through practice in Bac Tu Liem district, Hanoi city - 1


LAW ON SUPPORT WHEN THE STATE RECOVERS LAND THROUGH PRACTICE IN BAC TU LIEM DISTRICT, HANOI CITY


Major: Economic Law Code: 60.38.01.07


MASTER'S THESIS IN LAW


SCIENTIFIC INSTRUCTOR: ASSOCIATE PROFESSOR, DR. NGUYEN THI NGA


Hanoi - 2017


COMMITMENT


I hereby certify that this thesis is my independent scientific research work. The data and results presented in the thesis are honest and have clear sources.


THESIS AUTHOR


UONG VAN LAP

INDEX

INTRODUCTION 1

Chapter 1: THEORETICAL ISSUES ON SUPPORT AND LAW ON SUPPORT WHEN THE STATE RECOVERS LAND 6

1.1. Overview of support when the State acquires land 6

1.2. General overview of the law supporting when the State reclaims land 10

Chapter 2: LAW ON SUPPORT WHEN THE STATE RECOVERS LAND AND PRACTICAL APPLICATION IN BAC TU LIEM DISTRICT, HANOI CITY 31

2.1. Legal basis for implementing support when the State acquires land in Bac Tu Liem district 31

2.2. Practical application of regulations on land recovery support in Bac Tu Liem district, Hanoi city since the 2013 Land Law up to now 40

Chapter 3: SOLUTIONS TO IMPROVE THE LAW ON SUPPORT WHEN THE STATE RECOVERS LAND 61

3.1. Solutions to continue perfecting the law on support when the State reclaims land. 61

3.2. Solutions to improve the effectiveness of law enforcement on support when the state reclaims land.

.......................................................................................................................................... 63

CONCLUSION… 72

REFERENCES 73

LIST OF ABBREVIATIONS


INC – DH: Industrialization, modernization GCNQSDD: Land use right certificate GPMB: Site clearance

LĐĐ: Land Law

TLSX: Means of production

THD: Land recovery People's Committee: People's Committee

LIST OF TABLES

Table 1.1: Development of Land Law from 1946 to 1993 25

Table 2.1: Some typical projects being implemented in Bac Tu Liem district 44

Table 2.2: Occupational structure of laborers before and after land acquisition in Bac Tu Liem district 47

INTRODUCTION


1. Urgency of the topic

Land is of great importance to people both in terms of livelihood and means of production. For most of the rural poor, land is the main means of creating livelihoods, self-sufficiency, a source of income and employment for family labor, a source of wealth creation and transfer of wealth to the next generation. In Vietnam, the Constitution stipulates that land belongs to the entire people and is authorized to be managed by the state. When land is allocated, the legitimate right to use the land belongs to the people. However, in the process of economic development, the state must reclaim part of the people's land to serve the industrialization and modernization of the country. However, the land reclamation for construction has disrupted the lives and psychology of households. To compensate them for some of the disadvantages caused by land reclamation, the state has also had support policies to help people stabilize their lives. However, a significant number of households whose land has been recovered are still upset because they believe that the state's support policy is not commensurate with market prices and is not reasonable, so the resettlement support and support for people moving to new places of residence are not really effective. This reality requires the state to continue to innovate and improve compensation and support policies for people whose land has been recovered.

Furthermore, the State, as the representative of land owners, as the subject of political, economic, legal power and as the State with its inherent nature: of the people, by the people and for the people... needs to have the responsibility to compensate for material and spiritual losses for the people. Recently, legal policies have changed in a more favorable direction, providing better guarantees for people whose land has been recovered, but in reality, the issue of land recovery, compensation, support, and resettlement is still very complicated; people still do not agree, even dissatisfied with the decisions and actions of the State.

In Bac Tu Liem district, especially after the district separation, with the rapid urbanization, this issue is also extremely complicated. Although the work of supporting land recovery in recent years has improved a lot, there are still many problems in both policy content and implementation organization, slowing down the progress of land clearance.

equal, slow progress of investment projects, affecting the efficiency of capital use, investment efficiency of the economy. Therefore, the research on the topic " Law on support when the state recovers land through the practice of Bac Tu Liem district, Hanoi city " is very urgent.

2. Research status of the topic

There have been many research works on the issue of support when the State reclaims land, typically the article " Support policy when the State reclaims land " by Dr. Tran Quang Huy in the Law Journal No. 10/2010 [16]. The article analyzed the huge demands for land use for the industrialization and urbanization process in Vietnam, thereby providing legal bases for implementing support policies when the State reclaims land.

The article by Associate Professor, Dr. Nguyen Thi Nga and Bui Mai Lien in the Law Journal on “ Existences and problems arising in the process of applying compensation methods when the State reclaims land ” has affirmed the objective necessity of land reclaiming for the cause of industrialization and modernization of the country [15]. From there, the author also raised the issue of the State’s responsibility to compensate for material and spiritual losses and damages to people when they lose land. That compensation is expressed through activities to support and compensate people in a reasonable manner, ensuring their legitimate aspirations.

In land acquisition, compensation and site clearance are important contents in State management of land. The order and procedures for land acquisition are issues that are always closely associated with the implementation of this activity. Researching documents on land acquisition cannot fail to mention the article by Associate Professor, Dr. Nguyen Thi Nga on "Law on order and procedures for land acquisition, compensation and site clearance and problems arising in the application process" in the Journal of Law No. 11/2010. The article analyzed and evaluated the provisions of current law and pointed out the problems arising in the application of legal provisions in this field, on that basis, proposed feasible solutions for perfecting the law in this field.

In general, the above works have provided many theories and in-depth analysis on the issue of supporting people when land is recovered. These will be extremely useful reference documents for students in researching the issue of support when the state recovers land through the practice of Bac Tu Liem district, Hanoi city.

3. Research purpose and tasks

3.1. Research purpose

The purpose of the thesis is to clarify the theoretical basis of support policies for people whose land is recovered by the State and to propose some recommendations and solutions to improve support policies for people whose land is recovered in Bac Tu Liem district, Hanoi city.

3.2. Research tasks

To achieve the above purpose, the thesis needs to solve the following tasks:

Systematizing the theoretical basis of support policies for people whose land is recovered by the State

Analyze and clarify the current practice of applying the law on State support for people whose land has been recovered in Bac Tu Liem district.

Propose some solutions to improve support policies for people whose land has been acquired by the state in Bac Tu Liem district, Hanoi city.

4. Research object and scope

4.1. Research subjects

Land policies and laws related to resettlement issues and state policies. In addition to general regulations that must be implemented uniformly nationwide, the thesis is also based on the actual situation of the locality, Bac Tu Liem district.

4.2. Scope of research

Research on support for people when the State acquires land in Bac Tu Liem district

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