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

Abstract

Abstract: The article analyses theoretical issues arising in land acquisition for
socio-economic development by elucidating international standards on balancing
interests in compensation as recommended in two UN-related documents, namely the
Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and
Forests in the Context of National Food Security and the Handbook on Land Acquisition
and Compensation. It then evaluates the applicability of criteria not yet fully met by the
2024 Land Law, including: (i) compensation at replacement cost where there is an
insufficient evidentiary basis to determine market value; (ii) protection of the rights of
women land users; and (iii) compensation for intangible harm reflecting the sentimental
value attached to land. Finally, the article compares relevant provisions in selected
jurisdictions and makes recommendations to improve Vietnamese law so as to advance
sustainable development objectives.
Keywords: Sustainable development; Land acquisition; Compensation.