Thứ Bảy, 13 tháng 10, 2012

Draft Land Law major disappointment in all strata




"Amending the Land Code," a topic which has caused so many expectations for the Vietnamese people especially for the petitioners in the country, who former and current had been appropriated of land and assets illegally by Communist government, most of her fellow farmers lower throat only stared at every house, every inch of the land of their family, their relatives were robbed, captured and  today bitter again as a cold water poured down people. Still thought to be willing to listen, willing to learn and study to modify to suit the still inadequate, and problems arising in the land law which has caused so many waves and unjustly for people for many years and is the main cause leading to an increase in complaints of the people throughout the country related to their land seized by the State government without compensation or inadequate compensation.

According to what we know, "Amending the Land Code" this time the communist government of Vietnam is only formal action to deal with the situation inadequacies in current society as well as all disturbed mixing resulting from the enormous corruption of local authorities regarding land in recent years has pushed people on the road with no outlet to safeguard against unwanted return as in the case of enforcement of land belt the wrong way for hundreds, for thousands of households in Van Giang Hung Yen, in Vu Ban Nam Dinh and especially in the case of his family Doan Van Vuon and a number of other household in Tien Lang district, Hai Phong city which shocked the country in recent year.

In fact, the key issue filled important gaps in the current land law should be amended was not competent agencies of Vietnam's communist government attention and do not respond properly to actual needs of the people. Until today, even after the draft "Land law amendment" is completed, the legal land property of the people still face the risk of being robbed from the government without not have any legal documents to protect or defend. Draft "Land law amendment" this time did not mention the land ownership of the people will be protected and how the interests of the people will turn out when their land assets requisitioned by the State government or withdrawn, the crux of the problem all along was not the government consider where to choose. Current Land Law did not focus on the legal and legitimate rights of the people, there are too many problems and too many legal gaps corridor leading to the abuse of state officials, creating participate and corruption is the main cause leading to land conflicts between people and government at all levels and increase the current mass claim action in the country.


English> Current Affairs

Draft Land Law major disappointment
Nam Nguyen, RFA reporter

The draft land law after 1 month public consultation has caused great disappointment for experts, lawyers, intellectuals. The disagreement came to a head when experts suggest making the drafting committee.

AFP photo
Saigon looking from above.

Propose the establishment of a new editor

Vietnamese newspapers have "party" critical information with the attractive title. Vietnam Economic Times reported that "the Land Law: Drafting need renovation from ... you?", While VnExpress entitled 'Draft Land Law is not going to hit the actual requirements'

Can say that the most powerful critical condition, have been recognized in the press conference consult businesses on the draft revised Land Law held on 9/10 in Hanoi.

Bloomberg reports on the 9/10 noted, the conference expressed general opinion is that the Land Bill amendment lacks objectivity, lack of transparency, spent too much power to the state management agencies. Many speakers innovative suggestions that should this bill right from the editor of the Natural Resources and Environment Ministry official.

Dr. Pham Si Liem, Vice President of the Vietnam Construction Association, former Deputy Minister of Construction, character harshest comments at the meeting on 9/10, said: "The draft law does not meet the required of 5th Central Conference is to amend the Land Law 2003 a comprehensive way. "

Dr. Liem also suggested that Congress establish and direct a drafting committee, composed of national experts in the field of land, concentrated work in the six months to prepare a new draft timely comments spacious. Replies Southern Highlands on the evening of 11/10 from Hanoi Dr. Pham Si Liem said:
"I believe that the current Congress will listen because Congress had many ideas emerged. Today said we have to apologize because I said a little harsh, because I looked at this problem 10 years ago. Recently I spoke strongly and published, indeed, in the workshop or writing writing books I have said this, but nobody cares. Workshops directly with those involved in the drafting of this bill, I have to say a few comments but no one asked what we wanted. Therefore this term is no longer able to reverence the end so to say, I think everyone welcome. "

At the meeting with the representatives of the Ministry of Natural Resources and Environment and the business community, we speak out that it is the lack of confidence in the Ministry of Natural Resources and Environment.
LS Tran Vu Hai

Present at the seminar on 9/10 in Hanoi, Lawyer Tran Vu Hai expressed Radio RFA of frustration for the draft revised Land Law. He said tens of thousands of litigation claims over time stems from the inadequacies of the current Land Law 2003, which amended bill will not see any breakthrough. LS Tran Vu Hai said:
"At the meeting with the representatives of the Ministry of Natural Resources and Environment and the business community, we speak out that it is the lack of confidence in the Ministry of Natural Resources and Environment. While drafting a new land bill that they themselves do not know much about the Land Law or that they do not claim responsibility for the issues. "

Compulsory purchase or withdraw


Landscape coercive land in Tien Lang 

In an interview by Nam Nguyen, Dr. Pham Si Liem commented on the huge gaps in the draft revised Land Law. First of all about the bottom line is land ownership by the whole people by the State to represent the owner, Dr. Pham Si Liem said:

"In terms of ownership, I still agree or jointly owned property, also called how I do not care, known as state ownership ownership of the entire population is calling it. But more important than the name of the regime is the right to use the law to protect, how current is still not clear. Thus the arbitrary infringement on property rights had been relatively popular, so we proposed the National Assembly should issue the Property Law. Including real estate properties including land use rights and the property rights then have the right to possess benefit dispose of that property as international practices in the country. Such property rights are protected, to make specific laws on this issue. "

The second point Dr. Pham Si Liem stressed to us is amended Bill is not consistent with the period of industrialization and urbanization in Vietnam that every agricultural-centered. So do not care about the type of urban construction land or just in general. However according to Dr. Liem, the general editor of speaking like that for agricultural land does not have to provide a specific way to protect farmland and forest land.

The third point is particularly important regarding land acquisition, Dr. Pham Si Liem Reviewer:

We suggest this is the constitutional provisions, the State need to, compulsory purchase not recover because on earth there are a lot of people's assets.
Dr. Pham Si Liem

"Land recovery mode by us is not correct from the point of view of the mechanism and procedures implemented. Not true about our opinion that those who have recovered land brought into general use, they must if they are to contribute to the development of the country, so in addition to the recovery of damages, they are similar to those with a capital recovery, they also benefit from the development results. Although development results from a road or from an urban development project.

So we suggest that this is the constitutional provisions, the State need to, compulsory purchase not recover because on earth there are a lot of people's assets. As for the price we suggest a fair price, fair also how it will be explained in another occasion. "

Regarding procedure, TS Pham Si Liem proposal, or application of two-stage procedure, the laws of France, which is the stage of the administrative procedure and then to the judicial stage. Or as Canada if the final disagreement on the issue price, the two parties have the right to bring to court the land.

Ambiguous property rights


Rice fields in Vietnam. AFPVnExpress

VnExpress 10/10 quoted comments Professor Dang Hung Vo, former Deputy Minister of Natural Resources and Environment, said that the draft Land Law was not resolved "winning" the practical difficulties. Vo stressed that if in the direction of the draft is published, then make sure it will still exist corruption complaints. This is the second hottest elements in the current implementation of the Land Law. Professor Vo said that, now the local land acquisition took advantage of land acquisition mechanism and directly to investors. While, according to the best mechanism is agreed upon because it is social consensus, not people make claims and without the intervention of the State to create the risk of corruption.

Commenting on the said opinion of Professor Dang Hung Vo, Dr. Pham Sy Liem said he agreed. On the issue of land acquisition, he proposed to combine with land reserve mode. Under the regime of reserve land, the State shall work with farmers rather than the business working with the farmers. After withdrawal of the state vast reserves will supply to anyone in need. TS Pham Si Liem emphasized:

"As the state to work directly with the farmers, the state could not transparent. Enterprise but also to work directly with the farmers, the government stood behind if it meets the needs of their business, new conditions for corruption. " Whether 20 or 50, the owner still is not. I made money to buy land but you do not really control ... this is hard.
A farmer in the Mekong Delta

Perhaps the land amendment bill published opinion only significant change was recorded related to agricultural land, improve land use term from 20 years to 50 years. Limits for delta crops a year is three hectares per household, individual, however, transfer limit is raised to a maximum of 30 hectares. But it's important land is wholly owned by the State population represents the owner so people can be withdrawn at any time and the new legislation has not had any breakthrough on recovery and compensation mechanisms transparent manner. A rice farmer Mekong Delta but excited about the land use duration was increased from 20 years to 50 years, but still shy on land accumulation because of the ambiguity of ownership. He said:

"Whether 20 or 50, the owner still is not. Land could not expand much. 50 years off my life my life my life, I made money on their land but not really ... this is hard. "

Under the program, the draft Land Law amended the government will be transferred to the 4th session of the National Assembly in 2012 and the National Assembly will vote by the end of 2013. The criticisms have been artists, professionals, intellectuals presented a lot, the rest is drafting the bill how to listen and above all the criticism that is consistent with the view of Central Political Party or not, is a different story.

According to the time line:

. Petitioners claim land became homeless 
. Proposed forest protection of minorities 
. Land claim settlement, being 9 months in prison 
. Draft Land Law major disappointment 
. Statement of Trinh Nguyen on land acquisition and abuses two members 
. The bill in land dispute
. Doan Van Vuon events: "to do things by halves
. From Van Giang to Tien Lang 

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