TIÊU CHUẨN QUỐC TẾ VỀ BỒI THƯỜNG TRONG THU HỒI ĐẤT VÀ GỢI MỞ PHÁT TRIỂN BỀN VỮNG CHO VIỆT NAM

Abstract

The article analyses theoretical issues arising in land acquisition forsocio-economic development by elucidating international standards on balancinginterests in compensation as recommended in two UN-related documents, namely theVoluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries andForests in the Context of National Food Security and the Handbook on Land Acquisitionand Compensation. It then evaluates the applicability of criteria not yet fully met by the2024 Land Law, including: (i) compensation at replacement cost where there is aninsufficient evidentiary basis to determine market value; (ii) protection of the rights ofwomen land users; and (iii) compensation for intangible harm reflecting the sentimentalvalue attached to land. Finally, the article compares relevant provisions in selectedjurisdictions and makes recommendations to improve Vietnamese law so as to advancesustainable development objectives.Keywords: Sustainable development; Land acquisition; Compensation.