Protection of the rights to customary land tenure for ethnic minorities: reflection on M’Nong, Ma and ede groups in Daknong province of Vietnam

• Main Author: Nguyen, Ngoc Lan
• Other Authors: Asian Constitutional Law Recent Development and trends : 6th and 7th December 2019, Hà Nội, Việt Nam. Vol. 2
• Format: Conference or Workshop Item
• Language: English
• Published: Đại học Quốc gia Hà Nội 2020
• Subjects: customary tenure; ethnic minorities; Vietnam; Nhiệm kỳ theo phong tục; Dân tộc thiểu số; Việt Nam; Hệ thống sở hữu tập quán; Luật tục; Luật đất đai; Quyền hưởng dụng theo tập quán
• Online Access: http://repository.vnu.edu.vn/handle/VNU_123/94815
• Institution: Vietnam National University, Hanoi

Customary tenure systems exist in many countries with significant rural populations where access to, control, and use of land are determined through long-standing principles defined as “customary law” that operate outside the formal, or state, legal system. Customary land tenure has been formed in the practice of social development since ancient times. Vietnamese law does not include the term “tenure,” “tenure rights” or “customary tenure.” In Vietnam, customary tenure or tenure rights refer to a collection of rights, how they are allocated to community in terms of who has rights to different land and forests, and the terms and conditions for exercising each right. The Constitutions of 1946 and 1959 stipulate a multi-ownership regime for land and public and private ownership. The Land Law of 2013, the Forestry Law of 2017 also has very specific provisions on protection of the right to customary land tenure for ethnic minorities. The M’nong, Ma and Ede groups in Dak-Nong province pilot a model for local ethnic management, forest protection and forest land, which addressed customary land tenure, contributes to protection of the economic, social and spiritual life of ethnic minorities, promoting the socio-cultural development. The author argues that protection of the rights of ethnic minorities to customary land tenure is important to ensure equality rights for people and, although it has been recognized in the legislation of many countries, in Vietnam it is quite a complicated issue, as there is no specific guidance on customary land tenure for ethnic minorities stipulated in specialized laws such as the Land Law. The author argues that the revision of the Land Law of 2013 should regulate the guideline on customary land tenure for ethnic minorities. Strengthening the recognition of customary tenure of ethnic minorities in Vietnam is crucial to the social and economic wellbeing and development of ethnic communities, as well as for the country as a whole.