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The Law allows for
transfer of land-use rights, and the draft Law accepts market
rules in determining land price. Are these stipulations in
conflict with the principle that land is publicly-owned?
-
 The
root cause of many of the problematic issues relating to land
law in Vietnam is the fact that notwithstanding the transition
towards a more market-oriented economy in Vietnam, land is still
considered as being administered/managed by the State on behalf
of the people. This leads to a confused system of legal
ownership of land and an unsatisfactory position with regard to
the title to land. This conceptual problem results in confusion
and has hindered the development of anything like a real
property market in Vietnam. The government may consider
addressing this by reducing the many distinctions between
different types of land holding in Vietnam, for example land
allocation with or without payment of fees, land leases etc.,
and the varying rights pertaining to such land holdings. One can
compare the confused system in Vietnam with the concept of land
ownership in Hong Kong, for example, where although there is no
outright freehold ownership of land, there is a simple system of
leasehold title under which it is clear exactly what title you
hold to land, for how long and for what purpose the land in
question may be used. This provides the certainty that investors
are looking for without the need to provide for outright
freehold ownership of land.
Mr. John
Hickin - Solicitor, Johnson Stokes & Master,
Chairman of the British Business Group in Hanoi and Participant
of
the Property and Tourism sub-working group of the Vietnam
Business Forum
-
 I
think the State should recognize private land ownership, because
in practice as well as in many legal stipulations, the State has
already recognized many of the concepts of private land
ownership, such as the right to transfer LUR, dispose of [LUR],
or sell land through auction, etc. Therefore, the State might as
well officially recognize private-ownership of land sooner
rather than later.
Mr. Le Anh Tu -
Director, Le Hiep Imexco Co. Ltd,
Power Tube Manufacturing Factory
-
It should be noted
that the allocation of land by the State is accompanied by
conditions related to the purpose and length of use, thus the
transfer of LUR should maintain these conditions. In addition,
"auction" should be understood not as the auction of land, but
the auction of LUR with certain conditions; these are conditions
related to the land, not related the market. Therefore, there is
no conflict between the concept of public-ownership of land
versus the application of market tools and rules for economic
development.
Vice Minister Dang
Hung Vo
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