The
ABA-UNDP International Legal Resource Center (ILRC) has received a request from UNDP/Viet Nam for a
senior expert to conduct a comparative study on “Methods on Land Dispute.”
Land
grievances dominate complaints sent up to the central government which is
usually accounted for no less than 70% of all types of administrative complains
and petitions in Viet Nam during 10 years since the existing Land Law of 2003
came into effect. Along with the Land Law, Viet Nam has many laws and related
decrees, directives, and guidelines related to land and its management. These
normative documents are regularly updated and amended reflecting the pressures
associated with a market-driven economy with a socialist orientation.Revisions of the Land Law have now placed on National Assembly’s agenda for approval in June 2013. The new revisions if approved can come into effect in January 2014. Therefore, it is timely to provide advice on alternative solutions to remove existing biases in the law, to create equitable treatment across land users, and to ensure due process in land conversion and recovery, fair treatment in resolving complains and grievances. In order to recommend policy options in supporting the protection of all legitimate rights and interests of land users, UNDP/Viet Nam will commission a comparative study on international experiences on available remedies for resolving land disputes with emphasis on institutional analysis. The study will help identify alternative good practice and lessons for Viet Nam to consider in its review of the current system of handling land disputes, particularly disputes about land conversion and recovery.
