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Key comments for the Draft Land Law 2013
30/05/2013
 
"Land acquisition for socio-economic development" and "removal of commune-level land use planning" as the Draft Land Law 2013 infringes the 1992 Constitution!? The Land Law must be born after the amendment 1992 Constitution as the Law is being renovated from the administrative and subsidized mechanisms to property governance (monetization) by the market means.

Article 4: Redefining the scope of obligations for the State as being entrusted by the People (Owner of the public land) to be on behalf of the People to manage the land!

Article 27: Responsibilities of the State to residential land and agricultural production land for ethnic minorities. Adding: Have policies to ensure that ethnic minority communities are allocated the rights to manage and use residential land and agricultural production land associated with forest under the customs and practices such as sacred and spirit forests, forests for water sources protection and traditional socio-cultural forests.

Article 37: System of planning and land use planning. Adding: Commune-level planning and land use planning[1].

Article 45: Decisions for approving the planning and land use planning. Adding: the District People’s Committee approves the planning and and land use plans at commune level.         

Article 129: Agricultural land. Clause 1 is not appropriate to the ethnic minority and mountainous areas

Article 132: Production forestland. Adding: Allocating production forestland areas covered by natural forests and located near the residential settings, while protecting the community's water resources and sporadic forestland areas coverd by natural forests to households, individuals and communities for management, protection and development of the forest in combination with agro-forestry production as well as conservation and promotion of the ethnics' cultural identities.

Article 133: Protected Forestland. Revised as: Allocating scattered protected forestland areas located near the residential settings to families, individuals and communities for forest protection and development in combination with agro-forestry production as well as conservation and promotion of the ethnics’ cultural identities, upholding most social responsibilities in natural resources management and development in watershed areas.

Article 134: Special Use Forestland. Revise as: Allocating scattered special use forestland areas located near the residential settings to households, individuals and communities for protection in combination with agro-forestry production as well as conservation and promotion of the ethnics’ cultural identities.
Article 156. Religious land. Adding:  Sacred forestland, spirit forestland, ghost forestland into the religious land category.
 

[1] Removal of the commune-level planning and land use plans infringes the 1992 Constitution and the draft new Constitution. This is because: (i) The Constitution stipulates the system of state administrative units which include the commune-level administrative authority (Article 118 of the 1992 Constitution and Article 115 of the draft new Constitution); (ii) As stipulated in Article 119 of the 1992 Constitution and 116 of the Draft New Constitution", the commune - level planning and land use plans needs to be considered most important in the system of nation’s land use planning.
 

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