HANOI NATIONAL UNIVERSITY FACULTY OF LAW
Nguyen Thi Ngan Hoa
LAND DISPUTE RESOLUTION WHEN COMPENSATING FOR LAND CLEARANCE
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UNIVERSITY THESIS IN BUSINESS LAW
Training system: Full-time Course: QH-2013-L
HANOI NATIONAL UNIVERSITY FACULTY OF LAW
-----------------------------
Nguyen Thi Ngan Hoa
LAND DISPUTE RESOLUTION WHEN COMPENSATING FOR LAND CLEARANCE
UNIVERSITY THESIS IN BUSINESS LAW
Training system: Full-time Course: QH-2013-L
INSTRUCTOR
Dr. Le Kim Nguyet
COMMITMENT
I hereby certify that this Thesis is my own research work with the support and guidance of my supervisor, as well as those I have thanked and cited in this Thesis. The research results in this Thesis are honest and have not been published in other works, the information cited in the Thesis has been clearly indicated and is permitted for publication.
Nguyen Thi Ngan Hoa
ACKNOWLEDGEMENTS
First of all, I would like to sincerely thank Dr. Le Kim Nguyet for her dedicated guidance, comments and encouragement during the process of completing this graduation thesis.
I would like to sincerely thank the teachers of the Faculty of Law - Hanoi National University and my classmates in class K58 Business Law for enthusiastically helping me during the course.
The final thanks go to my family members who have wholeheartedly cared for me and created the best conditions for me to complete my graduation thesis.
Nguyen Thi Ngan Hoa
INDEX
INTRODUCTION 1
CHAPTER 1: GENERAL THEORY ON LAND DISPUTE RESOLUTION DURING COMPENSATION FOR SITE CLEARANCE 5
1.1. Overview of compensation for site clearance 5
1.1.1. Concept of site clearance 5
1.1.2. Concept of site clearance compensation 6
1.2. Overview of land disputes when compensating for site clearance 8
1.2.1. Concept of land disputes when compensating for site clearance 8
1.2.2. Classify some common types of land disputes today related to compensation for site clearance 11
1.3. Overview of land dispute resolution when compensating for site clearance 15
1.3.1. Concept 15
1.3.2. Principles for resolving land disputes when compensating for site clearance 16
1.3.3. Distinguishing between resolving land disputes and resolving land complaints
.......................................................................................................................... 17
CHAPTER 2: CURRENT STATUS OF LAW ON LAND DISPUTE RESOLUTION WHEN COMPENSATING FOR LAND CLEARANCE 18
2.1. History of formation and development of the law on land dispute resolution when compensating for site clearance 18
2.1.1. Period from 1945 to before 1986 18
2.1.2. Period from 1986 to before 1993 21
2.1.3. Period from 1993 to before 2003 22
2.1.4. Period from 2003 to before 2013 23
2.1.5. Period from 2013 to present 25
2.2. Basic contents of the law on resolving land disputes when compensating for site clearance 26
2.2.1. Subjects and scope of compensation when clearing land 26
2.2.2. Conditions for compensation when clearing land 26
2.2.3. Method of resolving land disputes when compensating for site clearance 28
2.3. Inadequacies still existing in the practice of law enforcement in resolving land disputes related to site clearance 40
CHAPTER 3: IMPROVING THE LAW ON LAND DISPUTE RESOLUTION WHEN COMPENSATING FOR LAND CLEARANCE 47
3.1. Perfecting the legal system 47
3.1.1. Perfecting legal regulations on site clearance 47
3.1.2. Perfecting legal regulations on land dispute resolution. 50
3.2. Perfecting the implementation organization 52
3.3. Improving human resource quality and professional qualifications 55
CONCLUSION 57
LIST OF REFERENCES 58
INTRODUCTION
1. Urgency of the topic
"Every inch of land is worth an inch of gold", land has always been one of the important means of production in life. C.Marx, in Capital, generalized the economic role of land through citing a famous saying of W.Petty (1622 - 1687): "Labor is the father, land is the mother, producing all material wealth for society". Because of the special value of land is so great, disputes related to this issue arise commonly in society. Satisfactory settlement of land disputes will help the parties resolve conflicts and contradictions, thereby contributing to creating stability for society.
Not only in Vietnam but also in the world, the issue of resolving land disputes in general and resolving land disputes when compensating for site clearance in particular is an important content in state management activities on land and is a measure for land law to promote its role in social life. Through the effective resolution of complaints related to land disputes, compensation and clearance, land relations are adjusted to suit the interests of the State, society and land users. With that meaning, finding the right solutions on the basis of law to properly resolve the issue of land disputes when compensating for site clearance, thereby satisfactorily resolving the legitimate rights and interests of land users, contributing to promoting the development and stability of the economy.
With the increasing value of land, the issue of land acquisition and compensation for site clearance also faces many difficulties and complications. In many cases, people who do not agree with the State's compensation plan have refused to hand over the land, leading to delays in construction progress, directly affecting the interests of investors and causing negative impacts on the environment.
investment market. Moreover, due to disagreement with the compensation plan, people whose land is recovered have filed prolonged lawsuits, mass lawsuits and lawsuits beyond the level of authority, causing political instability, social order and security, etc. To overcome this situation, the State has regularly reviewed, revised and supplemented regulations on compensation, support, resettlement as well as regulations on land dispute resolution. However, the effectiveness of these solutions has not been as expected; many newly issued regulations seem to be inconsistent with reality (especially regulations on land compensation prices; regulations on resettlement for people whose residential land is recovered; solving employment problems for people who lose their production land, etc.). Disputes related to compensation when the State recovers land tend to increase in both quantity and severity, and complexity in content. This shows that we need to continue to research and learn about compensation mechanisms and policies in general and regulations on compensation, support and resettlement when the State acquires land in particular to perfect this legal field. This is the reason why the author chose the topic "Resolving land disputes when compensating for site clearance" as his graduation thesis.
2. Research purpose
The purpose of this thesis is to study the following basic issues:
- Systematically study the Party's policies and the State's legal regulations on land dispute settlement when compensating for site clearance;
- In-depth study and pointing out the basis for establishing and the authority to resolve land disputes when compensating for site clearance of the People's Court and State administrative agencies; put in relation to reality;
- Establishing orientations for the process of perfecting the law on resolving land disputes when compensating for site clearance.