The Current Status of Compensation, Support, and Resettlement when the State Acquires Land for Socio-economic Development

Abstract

Mechanisms and policies for compensation, support, and resettlement when the State acquires land for socio-economic development purposes are concretized by the 2013 Land Law, aiming to harmonize the interests of the parties. However, the report from the General Department of Land Management (in 2018) said that the adjusted documents on compensation and support have yet to cover all the problems arising in practice, leading to difficulties and confusion in implementation (Nhan, 2022).In essence, the land acquisition is within the competence of the State; in contrast to the types of assets established on the land, there must be a voluntary mechanism of agreement. In this case, the State should not use its power to impose compensation prices. Although the purpose is to acquire land for economic development, the law empowers the State to decide on the value of land assets, and set on the land is not standard. When comparing the same type of asset, but the value of each place has a difference, there is no uniformity. In many localities, the market price has changed several times but still set meager compensation prices for people. From the above issue, when conducting compensation when the State acquires land for socio-economic development purposes, in any case, it is necessary to correctly and fully calculate the damage caused by land acquisition to the subjects who are using land and assets attached to land, including related intangible and tangible damage. In addition, it is also necessary to delete the support policy because when the damage is fully estimated, there is no need for support-related regulations.