Land is owned by the entire people.
(Baonghean.vn) -Over nearly 10 years of implementation, the 2003 Land Law has achieved many positive results, contributing to the effective exploitation and development of resources to serve the goals of socio-economic development, national security and defense, ensuring the rights of citizens and preventing and handling violations of land laws.
To continue reforming land policies and laws to address shortcomings and inadequacies in land management and use, at the Sixth Plenum of the Central Committee of the Communist Party of Vietnam (11th term), Resolution No. 19-NQ/TW was adopted on continuing to reform land policies and laws, creating a foundation for Vietnam to basically become a modern industrialized country by 2020.
Regarding Article 12 of the Draft Law on Land (amended), I agree with the viewpoint that "land belongs to the entire people, with the State acting as the representative owner" as stated in the draft. Because:
First and foremost, land is a primary means of production, a special resource of every nation. It is not only a means of production for agriculture, forestry, and fisheries, but also a crucial asset for national defense, security, industrial development, and public interest. Vietnam is an agricultural country, with over 80% of its population being farmers. The main source of livelihood comes from land, and state ownership means that every citizen has rights to it. The State, as the representative owner, exercises state management over land, ensuring its rational and efficient use. This is entirely consistent with the requirements of a socialist-oriented market economy in Vietnam. The State, on behalf of the entire population, manages and allocates land, ensuring fair distribution, preventing a few from seizing the majority of land, creating conditions for equal and direct access to land for all citizens, and eliminating the exploitation of land users through monopolistic ownership.
The regulation that land is owned by the entire people is necessary because land is closely linked to the nation-building and national defense struggles of our ancestors. Land is the lifeblood of many generations, so the principle of "land is owned by the entire people" must not be neglected. This regulation also affirms and acknowledges the revolutionary achievements of our nation regarding land. In reality, the current system of land ownership by the entire people ensures that land users, mainly farmers, have essential rights such as: the right to convert, transfer, lease, sublease, inherit, mortgage, guarantee, contribute capital, receive compensation, choose the form of land use, the right to long-term land use, and the right to improve and enrich the land for effective exploitation for their lives…
From a legal and scientific perspective on land ownership, it can be seen that no form of land ownership in the world has absolute advantages or absolute disadvantages. Even in countries that choose a multi-ownership model, including private ownership, the State still plays a role in managing and regulating land ownership. From the rich practical experience of the Vietnamese revolution, our Party has affirmed one of the great lessons learned: firmly upholding the banner of national independence and socialism; national independence is a prerequisite for realizing socialism, and socialism is the solid foundation for ensuring national independence. The institution of land ownership by the entire people is consistent with the requirements of developing a socialist-oriented market economy in Vietnam, and is an important resource for serving national defense, security, and the protection of the Fatherland, serving the industrialization and modernization of the country, aiming towards the goal of a prosperous people, a strong nation, democracy, fairness, and civilization.
Thus, the institution of state ownership of land in our country is consistent with the political system, both in scientific theory and practice.
Ho Nguyen Quan (Military Court of Region 2, Military District 4)
