The constitutionality of compulsory land acquisition in Vietnam: the situation and recommendations

• Main Author: Phan, Trung Hien
• Other Authors: Asian constitutional law recent developments and trends : Vietnam, Hanoi, 6th and 7th December 2019. Volume 1
• Format: Conference or Workshop Item
• Language: Vietnamese
• Published: Đại học Quốc Gia Hà Nội 2020
• Subjects: Land acquisition; Compulsory purchase; Constitutionality; Land users.
• Online Access: http://repository.vnu.edu.vn/handle/VNU_123/94750
• Institution: Vietnam National University, Hanoi

This paper identifies the theoretical, constitutional and practical basis for land acquisition in Vietnam from a comparative perspective. Both the ideology based on private ownership and the ideology based on public interests are reviewed in order to explain the grounds to request compulsory acquisition. By studying the constitutional provisions relating to compulsory land acquisition in some relevant countries, and exploring the provisions on land acquisition determined in Vietnamese Constitution in the case of national defense, security and socio-economic development, this article analyzes some key themes of purposes, procedure and compensation. On that basis, comments on legal improvement are suggested to complete Vietnam Land Law in the future.