LEGAL REGULATIONS ON LAND COMPULSORY ACQUISITION IN RELATION TO PROPERTY RIGHTS GUARANTEE IN VIETNAM

Land compulsory acquisition (or land recovery) was regulated even before the entire people's ownership regime for all land was established in Vietnam(1). The Land Laws through the periods, since the Constitution 1980 was promulgated up to now, all regulate land recovery (or acquisition) as a tool of state management and also of exercising the right to represent the owner of the State over land.(2) In terms of market economy, land acquisition is also considered as a "stage" of the process of "coordination" of land.(1) Along with the development of land laws, the regulations on land recovery have also been gradually improved However, its innovations are still not enough to meet the requirements of society in many aspects, such as: fairness, efficiency, etc.... Even the land recovery in some cases have caused a lot of instability in the socio-economic - political - social life. According to official statistics, more than 70% of mass complaints and denunciations are related to land recovery(2). The main cause of these limitations is that the nature and role of land acquisition are not fully understood. For this reason, we will try to clarify the above issues and make some suggestions to improve the provisions of the law related to the regulation of land acquisition, in the relationship between the State (with the representative way of land owners) and land users . (land users) - "customers" of the State in order to offer solutions to protect the legitimate property rights of land users, an important human right.