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Land law in vietnam affirms that lands belong to the ownership of the whole people. Land disputes can be resolved by the court (if parties have LUCs) or the people's committees. Conflicts among land-holders on the transactions or boundaries of their lands. Conflicts between landholders and local authorities over administrative decisions.
Land law in vietnam affirms that lands belong to the ownership of the whole people. Land disputes can be resolved by the court (if parties have LUCs) or the people's committees. Conflicts among land-holders on the transactions or boundaries of their lands. Conflicts between landholders and local authorities over administrative decisions.
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Land law in vietnam affirms that lands belong to the ownership of the whole people. Land disputes can be resolved by the court (if parties have LUCs) or the people's committees. Conflicts among land-holders on the transactions or boundaries of their lands. Conflicts between landholders and local authorities over administrative decisions.
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als PPT, PDF, TXT herunterladen oder online auf Scribd lesen
OF DEALING WITH LAND CONFLICTS AND SUPPORTING EMGs
National Legal Aid Agency of
Vietnam support by NOVIB POLICIES AND LAWS ON LAND IN VIETNAM • Land Law 2003 affirms that lands belong to the ownership of the whole people represented by the State; • Different landholders: agencies, organizations, individuals, enterprises, communities, etc; • Land users are granted land-use certificates (LUCs); • Both names of husband and wife are put in LUCs; • Provincial People’s Committees have the authority to grant land-use rights to organizations and Vietnamese residing overseas; District People’s Committees grant lands to individuals and households; • These Committees also have the authority to take back the lands; • The land disputes can be resolved by the court (if parties have LUCs) or the people’s committees (without LUCs). The land users have 8 rights • Right to use lands; • Right to inherit the land use right; • Right to transfer the land; • Right to exchange lands; • Right to sell the land use right; • Right to collerate the land use right; • Right present the land use right; • Right to use land as an investment The main forms of land conflicts • Conflicts between landholders (who had left their lands for a long time) and the new landholders (who were allowed to take over these lands by the State). • Conflicts among land-holders on the transactions or boundaries of their lands. • Conflicts over inadequate compensation for for developing infrastructure. • Conflicts between landholders and local authorities over administrative decisions on settling land conflicts. Causes of land conflicts There have been a lot of changes of legislature and land users in the past 30 years: • Population growth, urbanization and migration • Land privatization and a large numbers of land speculators; • Old landholders (who left their homelands) claimed back their land which have been taken back by the State and allocated to other users. • Indigenous (normadic) groups claim their customary land rights. They do not have any certificates for the right to use their reclaimed lands. Causes of land conflicts • Legal documents on land have been changed many times (6 times from 1998 to 2009); there have been many vague and inconsistent provisions • Legitimate interests of land users were not paid enough attention when the legal documents were developed. • In the withdrawing of lands, the relationship between the ownership of lands of the State and the rights of land users has not been properly dealt with. The interests of the society, investors and land users have not been adequately balanced. In addition, sometimes, the legal procedures for withdrawing the land have not been strictly followed by state agencies and investors. Causes of land conflicts • The capacity of local authorities in managing lands is still weak. Good systems of keeping files of lands and monitoring the use of lands have not been in place. Monitoring of the use of lands after the investors are given lands has not been effective. • Mechanisms and structures of dealing with complaints on lands have not met practical demands. In some provinces, the complainers have not been properly received and guided by competent agencies, even with corruption in these field • The legal awareness of people on land users is quite low. People do not understand much about the land law, their land rights and legal procedures to deal with land conflicts. Efforts of the Gov.t in reducing and resolving land conflicts • Has recently issued a large number of legal documents of implementation of Land Law • Categorized land conflicts into groups to develop suitable solutions • Shorten time for issuing land users certificate • Draft new law on resolving major problems (e.g. anti- corruption, accountability, one-stop shot…) in the system of legal documents on land administration • Improve the capacity of agencies responsible for land administration nationwide so that land conflicts can be better studied and resolved (e.g. setting up Land Registration Center). • Develop programs to provide legal aids, infrastructure development, livelihoods support, forest plantation targeting ethnic minority groups Legal aid forms: The NLAA as one agency in charge of collecting recommendations and claims on lands regulations from PLACs; • Legal advice provided by legal aid staffs or collaborators. Collaborators are lawyers, paralegals, social workers or gov. staffs... • Legal representation in legal proceedings can be provided by legal aid staff or collaborating lawyers; Lawyers are paid on a case by case basis from gov.funds; representation out side courts; • Legal aid organizations also make petitions to competent agencies to ask the setflement of the case following the law; to ask take admendment laws or review the behaviour of gov. staff • The Legal aid organizations has the right to make recommendations on resolving loopholes of the law for law reform or amendment discovered while dealing or through cases,. Legal Aid System • Clients can come directly or throught Poor their relatives or throught the public comunication forms; • Juveniles or who are kept in custody, their representatives or relatives can apply for legal aid on behalf of them; Ethnic minority
• 63/63 Provincial Legal Aid Centers
(PLACs) and their 132 branches, >3000 legal aid clubs with 300 staff and over 1,000 collaborators have received over 1.4 million cases/10 years- legal aid Children clients and 516,514 have land conflicts (210,498/10 years -Ethnic minority clients); Domestic violence Legal aids cases 60000 civil 50000 criminal 40000 labor 30000 land 20000 Administrative 10000 other 0 2005 2006 2007 2008 LACs: approaches to land conflicts • Giving legal advices to the poor on how to deal with their land conflicts; • Making petitions to local authorities to request the settlement of the cases for protection the rights and interests of clients; • Raising conflict cases in Wiseman's meetings, media, newspapers…; • Representing clients in court proceedings if the land conflicts are taken by the courts; • Mediating parties in land conflicts; • Organizing legal-aid mobile clinics to areas where there are many land conflicts; • Coordinating with mass org. Women & Farmer Union LACs: approaches to land conflicts • Organizing legal talks and dialogues with people in communities to inform them about their legal land rights and legal procedures to deal with land conflicts; • Meetings with other partners on compensations,… • Organizing meetings with legal aid clubs in communes with representative of the local People’s Committee to discuss their legal problems, including land conflicts. • Circulating leaflets to inform people about important provisions of land law. • Compiling legal aid casebooks demonstrating typical cases on land conflicts. LACs: approaches to land conflicts • Using both national laws and customary laws in explaining and assisting ethnic minority people in dealing with their land conflicts.( In many cases, customary are consistent with national laws and therefore legal aid providers can use the rules of customary laws to deal with the cases. For example, customary laws of Bana say that the settlement of land disputes must be based on the principles of negotiation and mediation. The parties can use Wiseman as arbitrators if they cannot discuss. In some cases, the customary laws are contradictory to national law when say that, lands reclaimed or inherited by Bana people will belong to their private ownership). LACs: Approaches to support EMGs • Recruiting experts from relevant departments such as the department for land administration to be legal aid collaborators of the PLACs to deal with land conflicts and provide training to the staff of the PLACs on how to deal with land conflicts • Recruiting ethnic minority people to be staff, especially using Wiseman or village heads in communities of ethnic minority people as collaborators of the PLACs for ethnic minority people. Challenges • Language barrier; Small numbers of LAC’s staff know and can use EM languages (need interpreter when that person do not have legal backgrounds); • Land law recognized a community as a legal entity on land users while Civil code has not; • Land law and procedure keep changing and sometimes contradictory; however conflict cases must be resolved based on the law applicable during the period of that conflict occurred. • Customary laws are not documented in written form they have not been recognized fully by the State when developing new law; • Ethnicity minorities groups (12% of the population) have very low access to resources, including legal support. Achievements • Awareness of poor and ethnic minority people about land rights has been raised, though not as high as we expected; • Awareness of state officers in general and officers of land administration officers in particular about legal aid services and their obligations in protecting legitimate interests of ethnic minority and other disadvantaged groups have been significantly improved through their involvement in legal aid activities; • Procedures to deal with land conflicts and issuing LUCs, especially at the grassroots level has been publicized and shorten; • The NLAA and the PLACs have made a number of recommendations to the competent agencies to improve the system of legal documents on land. Achievements • Over the past 12 years, the legal aid system has dealt with more 500,000 land cases, around 50% of them are successfully solved. • Many long-pending cases of land conflict have been resolved when the clients came to the PLACs. • A number of PLACs minority staff in mountainous areas have acquired knowledge on land law. Many Thanks