State Power Balance In Governing Land: Law And Regulation Of Vietnam

Authors

  • Pham Thanh NGA FPT University (FU), Km29, Hoa Lac High-tech Industrial Zone, Thach That district, Hanoi 100000, Vietnam

DOI:

https://doi.org/10.38142/pjlel.v1i2.463

Keywords:

Control of state power, Expropriating land, Complete the law of the land.

Abstract

Currently, Vietnam’s National Assembly is collecting opinions from relevant organizations and individuals to finalize the draft and prepare to promulgate the revised 2022 Law of Land. In this article, the author and clarifies the issue of state power control when expropriating land in Vietnam. From there, the author proposes solutions to improve the legal system on land when amending and drating the new land law, further enhancing the legitimate rights and balancing the interests of the state, and people in Vietnam for the next time.

References

Control of power in land acquisition, https://thanhtra.com.vn/, accessed July 3, 2021

Doan, N. G. (2016). Legal mechanism to control state power in the conditions of building a socialist rule of law state in Vietnam, National Political Publishing House of Truth.

Documents of the 11th National Congress of Deputies. (2011). National Politics Publish House.

Dung, N. D. (2019). State Power Control. National Truth Publishing House.

Inadequacies in the provisions of Law on order and procedures for land recovery for national defense and security purposes; socio-economic development for the national and public interest, http://vkskh.gov.vn/nhung-bat-cap-trong-quy-dinh-cua-phap-luat-ve-trinh-tu- Thu-tuc-the-hoi-dat-vi-muc-dich-quoc-Phong-an_1784_381_2_a.html, accessed 03/07/2021

Land transparency issues from the past level Managed to users in the 2013 Land Law, https://tks.edu.vn/, accessed on 17/07/2021

Montesquieu, (1748). Legal spirit. Da Nang Publishing House 2010. p.46-50, p. 230-231

Nhi Le, (2016). Perfecting the mechanism for controlling political power in the current Vietnamese political system, https://moha.gov.vn/, accessed September 9, 2020.

Office of the National Assembly. (2020). Controlling state power in building a socialist rule of law State of Vietnam.

Quang, L. V. (2020), Discussing the current state power control mechanism in Vietnam, Communist Review.

Some recommendations on regulations on land recovery due to violations of land law, https://lsvn.vn/, accessed 03/07/2021

Sung, L.V. (2016). Types of contemporary political institutions and reference values for Vietnam today, Publishing House. National Politics Truth, Hanoi.

Tuan, D.M., Giao, V.C., Luong, D. D. & Nga, L.D. (2020). Legal mechanisms controlling state power in the world and in Vietnam. National Political Publishing House of Truth.

Vietnam Government. (2010). Decree 45/2010/ND-CP Regulations on organization, operation and management of the Association.

Vietnam Government. (2014). Decree No. 43/2014/ND-CP guiding the implementation of the land law.

Vietnam Government. (2014). Decree No. 47/2014/ND-CP guiding the implementation of the land law.

Vietnam Ministry of Natural Resources and Environment. (2014). Circular No. 23/2014/TT-BTNMT dated May 19, 2014, provides certificates of land use rights, ownership of houses and other assets attached to the land. Attached to the land.

Vietnam Ministry of Natural Resources and Environment. (2014). Circular No. 09/2021/TT-BTNMT dated June 30, 2021, on amendments and supplements to several articles of circulars detailing and guiding enforce the Law of the land.

Vietnam National Assembly (2013). Constitution. Vietnam Constitutional Law.

Vietnam National Assembly (2013). Law of the land. Vietnam Constitutional Law.

Vietnam National Assembly (2016). Law on Press. Vietnam Constitutional Law.

Vietnam National Assembly (2022). Draft of Land Law. Vietnam Constitutional Law.

Vietnam Ordinance No. 102/SL/L004, dated May 20, 1957, promulgating the Law on the right to form associations.

Vietnam, C. P. O. (2021). Document of the 13th National Congress of Deputies. Ha Noi: National Political Publishing House.

Downloads

Published

2022-11-30