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The Constitutionality of Compulsory Land Acquisition in Vietnam: Issues and Recommendations

Author

Listed:
  • Phan Hien Trung

    (Faculty of Law, Can Tho University, Can Tho, Vietnam)

  • Spitzer Hugh D.

    (School of Law, University of Washington, Seattle, USA)

Abstract

This article identifies and analyzes the theoretical, constitutional, and practical bases for governmental land acquisition in Vietnam from a comparative perspective. The authors contrast political ideologies of private ownership and public interests to elucidate the grounds for compulsory acquisition of property for public uses. By reviewing constitutional provisions on compulsory land acquisition in several countries (Singapore, Korea, Australia, India, and the United States), and exploring Vietnam’s constitutional provisions on land acquisition for national defense, security and socio-economic development, this article analyzes some key themes of purposes, procedure, and compensation. The paper then suggests specific changes to Vietnam’s Land Law to increase transparency and to provide more legal safeguards for private users of property when government entities recover privately-used land for public purposes.

Suggested Citation

  • Phan Hien Trung & Spitzer Hugh D., 2022. "The Constitutionality of Compulsory Land Acquisition in Vietnam: Issues and Recommendations," The Law and Development Review, De Gruyter, vol. 15(1), pages 147-168, February.
    • Handle: RePEc:bpj:lawdev:v:15:y:2022:i:1:p:147-168:n:4
    DOI: 10.1515/ldr-2021-0114
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