The issue of land use right in the Draft of the Land Law (amended)

Abstract

Currently, the Draft of the amended Land Law is being circulated by the Standing Committee of the National Assembly for public feedback nationwide. The amendment and supplementation to the Land Law will bring many benefits not only to the State but also to other subjects, especially individuals, organizations using land. The drafting agency of the Law needs further study to clarify some fundamental theoretical issues, including the concept of "Land Use Rights". Although as early of 2012, in Resolution No. 19/NQ-TW dated 31 October, 2012, our Party was correct in stating that “land use rights are not ownership rights”, but up to now, the prevailing laws, including the 2015 Civil Law and the 2013 Land Law, have not clearly defined the legal nature and the relationship between land use rights and the people's ownership of land. This article aims to clarify these issues as a basis for improving the legal provisions on land use rights in the Draft of the Land Law (amended).