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

Phan Hien Trung and Spitzer Hugh D. ()
Additional contact information
Phan Hien Trung: Faculty of Law, Can Tho University, Can Tho, Vietnam
Spitzer Hugh D.: School of Law, University of Washington, Seattle, USA

The Law and Development Review, 2022, vol. 15, issue 1, 147-168

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.

Keywords: compulsory land acquisition; compulsory purchase (in the UK); eminent domain; condemnation (in the US); constitutionality (search for similar items in EconPapers)
Date: 2022
References: Add references at CitEc
Citations:

Downloads: (external link)
https://doi.org/10.1515/ldr-2021-0114 (text/html)
For access to full text, subscription to the journal or payment for the individual article is required.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:bpj:lawdev:v:15:y:2022:i:1:p:147-168:n:4

Ordering information: This journal article can be ordered from
https://www.degruyter.com/journal/key/ldr/html

DOI: 10.1515/ldr-2021-0114

Access Statistics for this article

The Law and Development Review is currently edited by Yong-Shik Lee

More articles in The Law and Development Review from De Gruyter
Bibliographic data for series maintained by Peter Golla ().