Land owned by the people
(Baonghean.vn) -After nearly 10 years of implementation, the 2003 Land Law has achieved many positive results, contributing to effectively exploiting and promoting resources to serve the goals of socio-economic development and national security and defense, ensuring people's rights and preventing and handling violations of land laws.
To continue innovating land policies and laws to resolve difficulties and inadequacies in land management and use, at the 6th Conference, the Party Central Committee (11th tenure) passed Resolution No. 19-NQ/TW on continuing to innovate land policies and laws to create a foundation for our country to basically become a modern industrialized country by 2020.
In Article 12 of the Draft Land Law (amended), I agree with the view that "land belongs to the entire people, with the State as the representative owner" as in the draft. Because:
First of all, land is the main means of production, a special resource of every country, not only the means of production of agriculture, forestry, fishery... but also an important asset for national defense, security, industrial development and serving the public interest. Our country is an agricultural country, over 80% of the population are farmers, the main source of livelihood comes from land, public ownership means that every citizen has the right, the State is the representative owner to exercise the right to manage the State on land, ensuring reasonable and effective use. This is completely consistent with the requirements of developing a socialist-oriented market economy in Vietnam, the State on behalf of the people manages and allocates land, ensures the regulation of the fair distribution process, prevents the possibility of a few occupying the majority of land, creates conditions for people to have equal and direct access to land, eliminates the situation of using monopoly land ownership for the purpose of exploiting land users.
The regulation that land is owned by the entire people is necessary because land is closely linked to the process of our ancestors' struggle to build and defend the country. Land is the blood and bones of many generations, so we must not ignore the viewpoint that "land is owned by the entire people". This regulation is also an affirmation and recognition of the revolutionary achievements of our nation on land. In fact, the current regime of ownership of the entire people on land has guaranteed that land users, mainly farmers, have the necessary rights such as: the right to convert, transfer, lease, sublease, inherit, mortgage, guarantee, contribute capital, receive compensation, choose the form of land use, long-term land use rights, the right to improve and enrich land for effective exploitation for life...
From the perspective of legal science 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 the form of multiple ownership, including private ownership, the State still plays a role in managing and regulating land ownership. From the rich practice of the Vietnamese revolution, our Party has affirmed that one of the great lessons is to firmly grasp the flag of national independence and socialism, national independence is a prerequisite for implementing socialism, and socialism is the solid foundation for national independence, the institution of land under the ownership of the entire people is suitable for the requirements of developing a socialist-oriented market economy in Vietnam, is an important resource to serve national defense, security, protect the Fatherland, serve industrialization and modernization of the country, towards the goal of a rich people, a strong country, democracy, fairness and civilization.
Thus, the system of public ownership of land in our country is consistent with the political system in both scientific theory and practice.
Ho Nguyen Quan (Military Court of Region 2, Military Region 4)
