Tóm tắt Luận án Law on indemnity when the state recovers agricultural land in Vietnam

agricultural land is used as a direct production material and can not be replaced in the agriculture, forestry, aquaculture and salt making sectors. 1.2.2 Concept of agricultural land recovery Based on the selective acquisition of the opinions, points of view of the scientists, the Law on land of 2013 adopted by the National Assembly on November 29th, 2013 shall be effective on July 1st, 2014, clause 11, article 4 provided that: “The State’s land recovery is that the State decides to recover the land use right of the person assigned by the State with the land use right or to recover land of the user who commits the law on land”. From that, the land recovery can be generally understood as follows: “The land recovery is that the State decides administratively to recover land and land use right assigned to the entities to use land under the provisions of the law on land”. Deriving from this concept, the concept of agricultural land recovery can be given as follows: “The agricultural land recovery is that the State issues the administrative decision to recover agricultural land and agricultural land use right handed over to the entities to use under the provisions of the law on land”. 1.1.3 Objective necessary need of agricultural land recovery for the country’s industrialization and modernization process Firstly, the Resolution adopted by the national XIth Party Congress confirmed that: “Striving to 2020, our country shall basically become an industrial country under the modern direction” (10, page 31). Secondly, our country was originated from a poor and backward agricultural country. In order to overcome laggard risk and to reduce step by step distance with the developing countries, there is no way that Vietnam must perform the 10 industrialization, transfer of agricultural economic mechanism into industrial, commercial, service mechanism, if that, it should make planning of a part of agricultural land fund into construction of industrial parks, economic zones, high technology parks. Thirdly, the agricultural land recovery is still due to the agricultural land use purpose transfer demand to use land more efficiently. The agricultural land recovery due to the State’s demand shall be reasonable, rulable and legitimate if such land is exploited and used efficiently for the defense, security, national benefit, national benefit purposes and for the economic development target. The agricultural land recovery shall also be indispensable and received the high consent, unanimity of the people whose land is recovered if such land is really used for the country’s industrialization and modernization career and along with this is the satisfactory indemnity, support policy to the people whose land is recovered, moreover, it’s the job arrangement associated with the reasonable, balanced economic mechanism movement. 1.2. Reasoning on indemnity when the State recovers agricultural land 1.2.1. Interpretation of the term of “indemnity when the State recovers land” 1st point of view: The Constitution of 1992 didn’t regulate the land recovery issue, but only the compulsory purchase or requisition issue with legal property indemnity of individuals, organizations (Article 23, Constitution of 1992). In case of land use right compulsory purchase, the State shall compensate damages to the users under the appropriate reimbursement mechanism. 2nd point of view: “Indemnity” or “compensation” of damages when the State recovers land, the issue needs to be identified again. Firstly, it should see that: The land recovery under the law on land, is that the State confided by the people’s power (the Socialist Republic of Vietnam is the State of the people, by the people and for the people) and by its will regulated by the law, decides to recover land of organizations, individuals for the benefice of whole society. Therefore, in this case, the law should state as “compensation of damages” when the State recovers land to use in the defense, security, national benefice, public benefice purposes. 3rd point of view: According to the particular point of view, the author thinks that, “Land recovery” and “Indemnity when recovering land” are the terms always associated with the whole population possession regime to the land of which the State is the representative. This should be reviewed at two aspects: (i) The State’s possession representation right to the land is a basic, legal foundation for the State to perform the land recovery; (ii) the indemnity is an indispensable consequence after recovering, if the land users meet the conditions provided by the law on land. On the other hand, ‘indemnity” is a proper term placed in the context where the State recovers land as the land representative owner. In addition, in consideration of nature, “indemnity” or “compensation” or “reimbursement” is all an offset corresponding to damages caused. These are the terms of relatively homogeneous comprehension. I should think that, do not discuss deeply this term issue, because it does not bring many practical meanings, as well as not change the contents on the State’s great responsibilities and obligations to the 11 people, when the State performs the land recovery. It is important that, when the State recovers land, a serious implementation mechanism of the offset corresponding to the tangible and intangible damages on material and spirit to the people whose land is recovered. 1.2.2 Concept of indemnity when the State recovers agricultural land The indemnity when the State recovers land can be fully understood as follows: The indemnity when the State recovers land is that the State or organizations, individuals assigned, hired by the State with land to use for the defense, security, national benefit, public benefit, economic development must offset damages of land and property on land caused by the land recovery act, to the land users in compliance with the provisions provided by the law on land. Deriving this concept, the concept of indemnity when the State recovers agricultural can be given as follows: The indemnity when the State recovers agricultural land is that the State or organizations, individuals assigned, hired by the State with agricultural land to use for the defense, security, national benefit, public benefit, economic development purposes must offset damages of land and property on land caused by the agricultural land recovery act, to the land users in compliance with the provisions provided by the law on land. The indemnity when the State recovers agricultural land owns some main specific characteristics as follows: Firstly, as a basis to generate the indemnity when the State recovers agricultural land, that is when the State recovers land to use for the defense, security, national benefice, public benefice purposes or for the economic development target. Secondly, in terms of beneficiaries to be indemnified when the State recovers agricultural land: only the legal agricultural land use right people namely with land use right certificate, or legal land use right paper or enough conditions to issue just indemnified land use right certificate. Thirdly, in terms of indemnity scope when the State recovers agricultural land, the households, individuals whose land is recovered not only are indemnified for land and property damages but also considered, solved by the State for social issues such as life stabilization support, production stabilization support, transfer of job through new career training. 1.2.3 Concept of support when the State recovers agricultural land The “support” is that the State solves the consequences happening after the indemnity, the “support” can be considered as a solution in the indemnity, plays a role to offset the gaps that the indemnity provisions haven’t solved. 1.2.4 Reasoning basis of indemnity when the State recovers agricultural land The indemnity when the State recovers agricultural land is established on the following essential reasoning foundations: Firstly, based on the whole population land possession regime of which the State is the representative. Secondly, based on our State’s preeminent nature. Thirdly, based on the land users’ profit damages, it’s the consequence arising directly caused from the State’s land recovery act. 12 1.3. Reasoning on law on indemnity when the State recovers agricultural land 1.3.1 Objective necessity of the law governing the indemnity when the State recovers agricultural land Firstly, the law has the specific characteristics that the other management measures have no; it’s normative property, general compulsoriness, enforcement and adaptability. Secondly, deriving the whole population land possession regime of which the State is the representative. The State on behalf of the people performs the right of the owner. On such basis, the State carries out land hand-over, land hire or land recovery Thirdly, as mentioned in the above part, the indemnity when the State recovers land in general and the indemnity when the State recovers agricultural land in particular is a difficult, complicated and sensible sector; because it directly touches the practical benefits of the relevant parties that first of the land users, therefore an efficient adjustment by the law is required. Fourthly, the law specifies in details land recovery cases, agricultural land recovery purpose, recovery competence, order, procedure and consequence resolution method caused by the agricultural land recovery, These provisions help the indemnity work when the State recovers agricultural land to be performed explicitly, fairly and lawfully. 1.3.2 Concept, characteristics and factors affecting the law on indemnity when the State recovers agricultural land 1.3.2.1 Concept of law on indemnity when the State recovers agricultural land Studying, learning about the contents of these provisions, it can see that the law on indemnity when the State recovers agricultural land is an important institution of the law on indemnity of Vietnam and understood in reasoning aspect as follows: “The law on indemnity when the State recovers agricultural land is the synthesis of legal norms issued by the State to adjust the social relationships arising during the indemnity process when the State recovers agricultural land, to solve harmoniously the interests of the State, investors and of the people whose land is recovered”. 1.3.2.2 Characteristics of law on indemnity when the State recovers agricultural land The law on indemnity when the State recovers agricultural land as a specific institution in the State’s land management has some main specific characteristics as follows: Firstly, the law on indemnity when the State recovers agricultural land is influenced and affected by the form of whole population land possession. Secondly, the indemnity basis in the law on agricultural land recovery is not only on the actual material damages borne by the farmers when the State recovers land but also calculates the non-material damages at the recovery time and in the future that the farmers must encounter. Thirdly, the law on indemnity when the State recovers agricultural land must solve harmoniously the conflict between the “public” benefits of the State, of the society and the “private” benefits of the land users in the land recovery. 13 1.3.2.3 Factors affecting the law on indemnity when the State recovers agricultural land Party’s point of view, guideline on construction and completion of the land legal policy in general and the policy, law on indemnity, support when the State recovers land in particular; whole population’s land possession regime; economic management mechanism and international integration process. 1.3.3 Adjusted legal structure on indemnity when the State recovers agricultural land Firstly, the normative group regulates the indemnity principles and conditions when the recovers agricultural land. The indemnity principle when the recovers agricultural land is understood as the general fundamental provisions, an orientation and a basis for the performance and application of the detailed provisions on indemnity when the recovers agricultural land. The indemnity condition when the recovers agricultural land is the factors that the land users should have so that they can be indemnified when the recovers land. The indemnity conditions must be regulated to ensure that the indemnity is fairly, reasonably, properly performed to the land use reality to protect maximum the benefits to the land users, to ensure the close strictness in accordance with the law. Secondly, the normative group specifies the contents of indemnity, support to the people whose land is recovered. The indemnity, support contents to the people whose agricultural land is recovered include the detailed provisions of indemnity scope (that is land indemnity and damage indemnity of property on land, in the certain cases the State can support); of indemnity method (the indemnity can be made by agricultural land having the same use purpose with recovered land or by money equivalent to the recovered agricultural land use right value); of land price to be indemnified, calculated under the land price frame stipulated by the State correspondingly to the types of recovered land, at the land recovery time. Thirdly, the normative group states the indemnity order, procedure to the people whose land is recovered. Fourthly, the normative group stipulates the resolution of claims, denouncements relating to the indemnity, support when the State recovers agricultural land. The recovered land people if not agreeing with the indemnity, support decision, have the right to make claims, denouncements to the competent authorities. 1.4 Formation and development history of the law on indemnity when the State recovers agricultural land 1.4.1 Stage before the issue of the Law on land of 1993 1.4.2 Stage from the issue of the Law on land of 1993 to before the issue of the Law on land of 2003 1.4.3 Stage from the issue of the Law on land of 2003 to now The Law on land of 2003 reserves item 4 chapter 2 to stipulate the land recovery and indemnity when the State recovers land with many important amendments, supplements, attached with quite a lot of implementation guiding documents, in which emphasizing the harmonious resolution point of view of the 14 benefit of the State, land users and investors, heightening the open and transparent principle in the land recovery At this moment, these issues were recognized at chapter VI Law in land of 2003 (from Article 61 to Article 94). In summary: The development process research of the indemnity provisions when the State recovers land through the periods indicates that our State always cares about the amendment, supplement and completion of the legal system of this sector to meet the practical requirement and to protect more and more the legal rights and benefits of the people whose land is recovered and the common benefits of the community in the land use for the security, defense, national benefit, public benefit, socio-economic development purposes. 1.5 Experiences and legal reality of some countries in the world on indemnity when the State recovers agricultural land and suggestions to Vietnam 1.5.1 Experiences of China 1.5.2 Experiences of Korea 1.5.3 Experiences of Singapore 1.5.4 Some suggestions to Vietnam during the construction and completion process of the law on indemnity when the State recovers agricultural land Firstly, it needs to grasp thoroughly the principle that the person who uses land is responsible for the indemnity, to associate the entitled benefits with the responsibilities to be done and to create a justice in the land recovery, this was performed by the countries. Secondly, Vietnam should determine an appropriate land valuation model to construct a professional land valuation agency, of independence to work objectively, correctly. Thirdly, when implementing the indemnity work, it should pay special attention to solve the social issues to the recovered agricultural land people; because generally, due to the specific objective and subjective conditions, the farmers are difficult to find an appropriate job to their capacity. Fourthly, even in Korea, land is under the private possession, but because land is a type of public property, if land is used in the general purposes such as defense, security, national benefit, public benefit. The State still reserves the right to recover land. Conclusion of Chapter 1 1. Agricultural land is a special production material, can not be replaced in the agricultural production. For our country, agricultural land plays a particularly important position on a lot of politic, economic, social and environmental aspects in the condition where 70% of the population are farmers. 2. Our country is in the industrialization, modernization promotion process to achieve the target to 2020 to become basically an industrial country under the modern direction. The land recovery in general and the agricultural land recovery in particular is unavoidable to solve the land issue required by the country’s industrialization and modernization. 15 3. The agricultural land recovery influences directly the farmers’ benefits and causes the adverse consequences to them such as no production land, life falling into difficult situation, In order to solve the negative consequences caused by the agricultural land recovery to the land users, the State is responsible to perform the indemnity when recovering agricultural land. The indemnity provisions when the State recovers land are constructed and promulgated to create a legal basis for the actual implementation. Because the agricultural land recovery is a difficult, complicated issue, the indemnity institution when the State recovers agricultural land often amended, supplemented and completed in accordance with the requirement of the country development reality. In addition, in the market economic condition and international integration, the reference, acquisition of experiences of the countries during the construction and completion process of the law in general and of the law on indemnity when the State recovers agricultural land in particular are very necessary; because, the construction of the law in the market economy is still a relatively new issue in our country, meanwhile, the countries which have a developed market economy reached many useful experiences of this issue. Chapter 2 REAL SITUATION OF THE LAW ON INDEMNITY WHEN THE STATE RECOVERS AGRICULTURAL LAND 2.1 Content of law on indemnity when the State recovers agricultural land 2.1.1 Content of legal provisions on indemnity principles when the State recovers agricultural land According to the provisions of the existing law, the indemnity when the State recovers agricultural land must comply with the essential principles recognized at article 14 Decree No. 69/2009/ND-CP dated August 13th, 2009 and article 18 Decree No. 197/2004/ND-CP dated December 3rd, 2004, details as follows: Firstly, the recovered land people who have enough conditions in accordance with the provisions of the law are indemnified; in case of not enough conditions to be indemnified, the People’s Committee of the central provinces, cities (hereinafter referred to as Provincial level People’s Committee) considers for support; Secondly, the State recovers land which has been used by the people into which purpose, such people are indemnified by assigning new land of the same use purpose, if no land for indemnity, indemnified by the land use right value calculated under the land price at the land recovery decision time. Thirdly, in the event the indemnified land users when the State recovers land haven’t performed the land financial obligation to the State in accordance with the provisions provided by the law, it should minus the amount to perform the financial obligation in the indemnity, support amount to refund to the State’s budget. Fourthly, the owners who have properties associated with land when the State recovers and are damaged, are indemnified. 16 Fifthly, the State regulates a part of benefits from the land recovery, use purpose transfer to carry out the support amounts to the people whose land is recovered. 2.1.2 Content of law on indemnity condition when the State recovers agricultural land Firstly, the people whose land is recovered by the State desires to be indemnified only in the event the State recovers land to be used in the defense, security, national benefit, public benefit purposes and economic development target. Besides, they must satisfy fully the conditions to be indemnified, that is: to have land use right certificate or legal paper on land use right or enough conditions to issue land use right certificate. Secondly, the law on land anticipated also difficulties, shortcomings in the indemnity reality when the State recovers agricultural land, caused by the historical shortcomings. In order to solve these issues, our country’s law assigns the People’s Committee of the communes, wards, towns where the recovered land is confirmed on its legal status: used land origin having any disputes or not; appropriate to the land use planning or not; land use time before or after October 15th, 1993. Therefore, the opinion of the People’s Committee of the communes, wards, towns is very important to affect directly the land users who can be indemnified or not when recovering land. If the land use origin determination of the People’s Committee of the commune is correct to the land use status and fair, there is no discussion. Vice versa, if the land use confirmation of the People’s Committee of the commune is not correct because during a long period of time, we loosed the land management to lead a loss of land documents, materials or the unfair confirmation due to corruption, negation. shall cause disadvantages to the recovered land people and rise indemnity claims when the State recovers land. In addition to the indemnity condition provisions when the State recovers land, the current law on land also mentions in details, clearly the land recovery cases without land indemnity and without indemnity of property on land. 2.1.3 Content of detailed legal provisions on indemnity of land and indemnity of property when the State recovers agricultural land 2.1.3.1 Provisions on indemnity of land - Indemnity methods: The indemnity when the State recovers agricultural land can be performed under two methods, that is the indemnity by land of the same use purpose or if no land for indemnity, by money calculated under the land price of the same use purpose. - The indemnity land price is the land price under the current use purpose at the land recovery decision time published by the Provincial level People’s Committee under the Government’s price frame. 2.1.3.2 Provisions on indemnity of property When the State recovers agricultural land, the property which can be indemnified is plants and animals on land. 2.1.4 Content of legal provisions on support to the recovered agricultural land people 17 2.1.4.1 Provision on life stabilization and production stabilization support when the State recovers agricultural land 2.1.4.2 Provision on career transfer and job creation support when the State recovers agricultural land Going deep into understanding the enforcement real situation of the provisions on career training, transfer to the farmers whose agricultural land is recovered by the State, some assessments, comments can be proposed as follows: Firstly, according to the law on land, the households, individuals who directly produce the agriculture when the State recovers agricultural land without agricultural land for indemnity are not only indemnified by money but also supported to transfer career. Secondly, in the event the people whose agricultural land is recovered are supported to transfer career, but the career transfer of these beneficiaries are not supported by money, they are supported by a portion of living land, or an apartment, or a portion of production, business land. 2.1.5 Content of legal provisions on land recovery order, procedure and indemnity, support when the State recovers agricultural land Learning about the enforcement reality of the legal provisions on recovery order, procedure and indemnity, support when the State recovers agricultural land shows the following main shortcomings, inadequacies: Firstly, in terms of the project implementation location introduction and land recovery notice. One is that, in terms of the project implementation location introduction: This content, according to us, the law specifies quite simply and not closely, without detailed conditions or clear targets for the types of agricultural land to be transformed in the project, leading that the agricultural land recovery (particularly land of two rice crops) for the non-agricultural purpose is too easy. Two are that, in terms of the provision that “the People’s Committee of the competent level shall notice to recover land right after the investment location introduction”. This provision contributed to push the land recovery, ground clearance time schedule, but in the one hand, also expressed very clearly the State’s right to self-decision. Secondly, in terms of adjustment, supplement of the land use planning During this project implementation process, one common reality happens, that is that, deriving from the essential profits of the investors, the land use planning for the project is adjusted, supplemented too many times. This causes pressings in the public opinion and also is the reason for the people to protest against the State’s land recovery decision. Thirdly, in terms of land recovery coercion The Clause 3 Article 39 Law on Land of 2013 specifies the case where the recovered land people fail to execute the land recovery decision, the People’s Committee of the competent level to decide the land recovery issues the coercion decision. The coerced people must execute the coercion decision and have the right 18 to make claims. While the claim resolution decision hasn’t been given, the land recovery decision must continue to be performed (Clause 2, article 40 Decree 69). Fourthly, some limitations in the provision on two voluntary and compulsory land movement mechanisms. 2.1.6 Content of legal provisions on indemnity claim, denouncement resolution when the State recovers agricultural land 2.2 Some issues set up from the enforcement reality of the law in agricultural land recovery and indemnity The practical research on the agricultural land recovery, indemnity, support and ground clearance in the last time indicates that: In general, the recovered land area satisfied the socio-economic development target, ensures the local defense, security. The legal provisions on indemnity, support when the State recovers land were step by step adjusted, supplemented in accordance with the market economy management mechanism, ensure better the lawful profits of the recovered land people. However, going deep into learning about this issue, we can see that some outstanding negative impacts of the agricultural land recovery and indemnity when recovering land as follows: One is that, the agricultural land area is seriously reduced. Two are that, the farmers lose production material, leading loss of job, but no chances and not enough conditions to look for a new job. Three are that, the land indemnity amount was not properly used by the farmers, so after a period of time, they have nothing in hands, money finishes, production material is no longer, no job, no income. Four are that, the development of the industrial parks, urban areas along with increasingly narrow agricultural area created the labor movement from the countryside to the city and caused unavoidable socio-economic corollaries. Five are that, the living environment of the people in the areas where the industrial parks are constructed is seriously affected. Conclusion of Chapter 2 1. The law on indemnity when the State recovers agricultural land is an important legal aspect in the law on land in general, including a lot of legal institutions adjusting the issues relating to the agricultural land recovery and damage indemnity when recovering agricultural land. 2. The people whose land is recovered, property on land is damaged shall be indemnified with land, with property damage. In some certain cases, they are supported by the State when recovering agricultural land, such as life and production stabilization support, career transfer and training and job creation support, Support to offset the gap in which the indemnity hasn’t comprehensively performed, so that the recovered agricultural land people quickly overcome the life and job difficulties when recovering land. 3. Vietnam, a country having over 70% of the population as farming, is in the integration and development process. Placed in such context, the indemnity when 19 the State recovers agricultural land is a complicated issue and of burning actuality and has not less than inadequacies, limitations generated because the State’s policy, law haven’t covered the practical issues, but change continuously, improperly, the application of the law is arbitrarily done, not seriously. For example: the provisions of some indemnity principles are not close, infeasible; the land indemnity price is still much lower than the market price, therefore not ensuring the benefits to the land users; the support is inefficiently performed, without a guarantee mechanism for the career training to the farmers whose land is recovered. Chapter 3 SOLUTION TO COMPLETE THE LAW AND TO ENHANCE THE ENFORCEMENT EFFICIENCY OF THE LAW ON INDEMNITY WHEN THE STATE RECOVERS AGRICULTURAL LAND 3.1 Orientation to complete the law on indemnity when the State recovers agricultural land in Vietnam Firstly, the completion of the law on indemnity when the State recovers agricultural land should base on the Party’s point of view, guideline, policy to continue to innovate the policy, law on land during the innovation work comprehensive promotion period, to create a foundation so that to 2020, our country shall basically become an industrial country under the modern direction. Secondly, the completion of the law on indemnity when the State recovers agricultural land must base on the harmonious resolution of the benefits of the State, enterprises and of the land recovered people. Thirdly, the completion of the law on indemnity when the State recovers agricultural land must be placed in the relationship with the completion of the law in land in general and other relevant laws. Fourthly, the completion of the law on indemnity when the State recovers agricultural land must base on the definitive completion of the land use right certificate issuance together with the modernization of the land survey map system, documents. Fifthly, the completion of the law on indemnity when the State recovers agricultural land must base on the experiences and legal reality of the countries in the world in this sector. 3.2 Solution to complete the law on indemnity when the State recovers agricultural land in Vietnam 3.2.1 Solution group to complete the law on indemnity when the State recovers agricultural land 3.2.1.1 Completion of the legal provisions on indemnity principle when the State recovers land 3.2.1.2 Completion of the legal provisions on indemnity price determination mechanism when the State recovers agricultural land 3.2.1.3 Completion of the legal provisions relating to the indemnity conditions when the State recovers agricultural land 20 3.2.1.4 Completion of the legal provisions on the State’s regulation of a part of benefits from the land recovery, use purpose transfer to perform the support amounts to the agricultural land users. 3.2.1.5 Completion of the legal provisions on recovery order, procedure and indemnity when the State recovers agricultural land 3.2.1.6 Completion of the legal provisions on indemnity claim, denouncement resolution when the State recovers agricultural land 3.2.2 Solution group to complete the legal provisions on job support and settlement to the farmers when the State recovers agricultural land 3.2.2.1 Completion of the support policies in general 3.2.2.2 In terms of job settlement to the farmers whose agricultural land is recovered. 3.2.3 Solution group to enhance the enforcement efficiency of the law on indemnity when the State recovers agricultural land 3.2.3.1 Publicity and transparency promotion of the enforcement process of the law on indemnity when the State recovers agricultural land 3.2.3.2 Time schedule acceleration and quality enhancement of the land use right certificate issuance 3.2.3.3 Strengthening of the legal education propagation, popularization work on land in general, as well as of the law on indemnity when the State recovers agricultural land in particular to the staff and people, from that, creating the people’s consensus when the State recovers land. 3.2.3.4 Strengthening of the violation inspection, verification, supervision and settlement in the performance process of the provisions on land recovery order, procedure, indemnity, support when the State recovers land. 3.2.3.5 Serious performance of the land use planning, plan preparation work; strengthening of inspection, verification, supervision of land use planning, plan preparation. Conclusion of Chapter 3 1. The completion of the law on indemnity when the State recovers agricultural land is an objective requirement in Vietnam. The requirement proposed for the completion of the law at once has the proper, appropriate orientation solutions and the detailed practical solutions, to carry out the following targets: Firstly, to overcome the existing limitations, inadequacies affecting negatively the indemnity when the State recovers land in our country at this moment; Secondly, to orient toward the construction of the perfect legal system on indemnity when the State recovers agricultural land in Vietnam. 2. The completion of the law on indemnity when the State recovers agricultural land in Vietnam is a difficult and complicated task, requires a process and not only needs a correct orientation but also have feasible practical solutions, together with the efficient implementation organization of the proposed solutions in 21 the real life. The legal system on indemnity when the State recovers agricultural land is strict, appropriate; but shall not be easily implemented in the life and promote the efficiency if without active support and participation of the intermediate institutions. Therefore, in addition to enhancing the responsibility spirit, professional ethics and professional qualification fostering to the staff of the legal enforcement agencies, the law requires to determine clearly, in details the function, duty, power, responsibility coordinated between the agencies; to define clearly the liability of each entity when performing its duty. 3. Based on analyzing the content of the legal provisions, as well as assessing the legal application real situation as carried out in chapter 2; from that, to withdraw the limitations, inadequacies to be completed. The Chapter 3 proposes the scientific interpretations for the necessity of the completion of the law, as well as the completion orientation of the law on indemnity when the State recovers agricultural land. From that, the Thesis recommends some solutions to complete the law under three groups: Solution group to complete the law on indemnity when the State recovers agricultural land: This content mentions the solutions to complete the legal provisions on indemnity principle when the State recovers agricultural land; on indemnity land price determination mechanism; on procedure, recovery and indemnity order when the State recovers agricultural land; on claim, denouncement resolution when the State recovers agricultural land. Solution group to complete the legal provisions on job support and settlement to the farmers when the State recovers agricultural land The solution for this issue should focus on some following essential aspects: - When performing the support, it needs to distinguish clearly two groups of objects, that is that: group of farmers in the working age and group of farmers out of the working age, so the appropriate and efficient support plan shall be proposed. - When recovering agricultural land, it should pay attention to the career training to the farmers, career training that the enterprises need to associate the career training with the job settlement; on the other hand, the enterprises are requested to execute seriously the arrangement policy of the labor to work in the enterprises and to have a control mechanism this issue implementation. Solution group to enhance the enforcement efficiency of the law This content focuses on some main solutions as follows: Publicity and transparency promotion of the enforcement process of the law on indemnity when the State recovers agricultural land; Time schedule acceleration and quality enhancement of the land use right certificate issuance; Strengthening of the legal education propagation, popularization work on land in general, as well as of the law on indemnity when the State recovers agricultural land in particular to the staff and people, from that, creating the people’s consensus when the State recovers land; Serious performance of the land use planning, plan preparation work; strengthening of inspection, verification, supervision of land use planning, plan preparation, 22 particularly the agricultural land use planning for the non-agricultural purpose should be carefully considered. CONCLUSION The indemnity, support, resettlement when the State recovers land in general and the indemnity when the State recovers agricultural land in particular is a complicated issue and of burning actuality, attracted by whole society’s attention; affects directly the people’s life, psychology and impacts not less the political stability. With the target to strengthen comprehensively the innovation work, to create the foundation to 2020, our country shall basically become an industrial country under the correct direction, we must perform the country’s industrialization and modernization. In order to solve the land problem to meet the country’s industrialization and modernization, the transfer of a part of agricultural land into the non-agricultural purpose through the State recovers land is unavoidable. However, this work causes a lot of consequences if they are not definitively solved on time, long disputes and claims shall arise and the political instability risk is potential. The law on indemnity when the State recovers land in general and the law on indemnity when the State recovers agricultural land in particular is born to create the legal basis for the agricultural land recovery and the harmonious resolution of the relevant parties’ benefits: Benefits of the State, benefits of the recovered land people and benefits of the agricultural land users for the other purposes. On the basis to learn about the theoretical issues on the law on indemnity when the State recovers agricultural land in Vietnam at Chapter 1; reality assessment on the law and orientation, solution recommendation to complete the law on indemnity when the State recovers agricultural land in Vietnam at Chapter 2 and Chapter 3, the Thesis draws some following main conclusions: 1. The agricultural land recovery only is carried out in the necessary case to use in the defense, security, national benefit, public benefit purposes and the country’s general economic development target specified in details by the law on land at Article 39, Article 40 Law on Land of 2013 and relevant implementation guiding documents. 2. The State’s agricultural land recovery used in the defense, security, national benefit, public benefit purposes and the country’s general economic development target is not caused by the land users’ fault but originated from the society’s objective demand. Therefore, the State as the powerful political organization established by the society, on behalf of the society, is responsible to compensate the people whose land is recovered. This is not only the liability but also the State’s social responsibility. 3. The State’s agricultural land recovery causes heavy consequences to the land users. They lose production material, become the people without job, their income is reduced and they fall into the family life situation of many difficulties. In order to ensure the agricultural land users’ rights and benefits, the law on indemnity 23 when the State recovers agricultural land not only mentions indemnity of land (indemnity of actual recovered land area), indemnity of property associated with recovered land but also specifies the support to the agricultural production direct people who lose agricultural land, support in career training, transfer, difficult life support caused by production land loss. 4. The law on indemnity when the State recovers land (including law on indemnity when the State recovers agricultural land) develops strongly since the Law on land of 1993 and implementation guiding documents were born. This legal sector is often reviewed, amended, supplemented and completed in accordance with the reality. The system of the current land legal documents, including Law on Land of 2003; Decree No. 181/2004/ND-CP dated October 29th, 2004; Decree 197/2004/ND-CP dated December 3rd, 2004; Decree No. 84/2005/ND-CP dated May 25th, 2005, Decree No. 69/2009/ND-CP dated August 13th, 2009, and now Law on Land of 2013, created a legal basis for the indemnity, support, resettlement when the State recovers land in general and the indemnity when the State recovers agricultural land in particular to be efficiently done. 5. Approaching, learning about the law and legal reality on indemnity of China, Korea and Singapore when the State expropriates agricultural land indicate some useful open suggestions to Vietnam during the construction and completion process of the law on indemnity when the State recovers agricultural land, details as: (i) The law of China pays special attention to the life guarantee to the farmers who lose production land in the working age; for the recovered agricultural land people out of the working age or nearly out of the working age, they are entitled to receive support money through the unemployment compensation fund; (ii) The land recovery in Korea is performed on the community’s consultation from the recovered land people under the relative consensus principle; so receives the people’s support. The indemnity based on the land price determined by the land valuation professional agency on the average addition principle of land price between the land valuation professional agencies is defined; (iii) In Singapore, the public, transparent and democratic principle is heightened in the land recovery and indemnity to the people whose land is recovered, 6. The real situation assessment of the law on indemnity when the State recovers agricultural land in Vietnam shows that in addition to the obtained results, the enforcement of this legal sector still reveals some following key limitations: (i) The indemnified land price determination under the land price list specified and published by the provincial level People’s Committee on October 1st annually is not appropriate; because this price list often is lower than the actual land use right transfer price on the market in the normal conditions so the recovered land people do not agree; (ii) The indemnity price which is the land price determined at the time where the competent agency gives the land recovery decision is not reasonable; because at this time, the recovered land people fail to receive indemnity amount but after a period of time, they can receive money due to delayed, troubled implementation procedures; (iii) The career training and transfer support to the 24 farmers who lose production land reaches low efficiency and is formalistic; due to lack of a synchronous, detailed mechanism for enforcement; (iv) The harmonious resolution the benefits between the State and the recovered land people and enterprises, investors in the indemnity when the State recovers agricultural land is not efficient as desired. The people who lose agricultural land are still the people to bear the most disadvantages when the State recovers agricultural land; (v) Two recovery mechanisms of agricultural land to be used in the economic purpose exist: Compulsory land recovery mechanism and negotiable land recovery mechanism caused the enviousness inside the recovered agricultural land people, from that long land claims and disputes arise. On the other hand, the land users have no cooperation goodwill with the enterprises, through the requirement proposal, the investors require the indemnity price over their financial capacity, this caused the delayed time schedule of the ground clearance to implement the project, discouraged the investors and reduced the attractiveness of the investment environment in some localities, 7. In order to overcome the above mentioned inadequacies, the completion of the law on indemnity when the State recovers agricultural land must base on the following main orientations: - The completion of the law on indemnity when the State recovers agricultural land bases on the Party’s point of view, guideline to continue to innovate the land law, policy during the comprehensive promotion period of the innovation work to create the foundation to 2020, where our country shall basically become an industrial country under the modern direction. - The completion of the law on indemnity when the State recovers agricultural land bases on the harmonious resolution principle of the benefits of the State, recovered land people and enterprises, investors. 8. On the basis of the complete orientation of the law on indemnity when the State recovers agricultural land, the Thesis suggests some following key completion solutions: - To supplement the provision on determining the community’s consultation mechanism right since the indemnity plan is prepared when the State recovers agricultural land. - To amend, supplement the indemnity price provision when the State recovers agricultural land as the land price defined at the time where the recovered agricultural land people receive indemnity amount. - To complete the legal provision on the indemnity price determination mechanism when the State recovers agricultural land. - To complete the legal provision on two voluntary and compulsory land movement mechanisms. - To supplement the provision to determine in details and synchronously the career training and transfer mechanism to the agricultural production direct people whose land is recovered. LIST OF STUDIES RELATING TO THE THESIS PUBLISHED 1. Pham Thu Thuy (2011), “Real situation and completion solution on indemnity, support and resettlement when the State recovers land of Law on Land of 2003”, Summary record of Scientific Conference: Scientific basis of amendment of Law on Land of 2003, Hanoi, December 17th, 2011. 2. Pham Thu Thuy (2012), “Application of the law on agricultural land recovery and some completion solutions”, Natural Resources and Environment Magazine, (No. 10). 3. Pham Thu Thuy (2012), “Land price as basis to calculate indemnity when the State recovers agricultural land”, Law Magazine, (No. 9). 4. Pham Thu Thuy (co-author), (2103), “Discussion on land recovery, indemnity, support and resettlement”, Natural Resources and Environment Magazine, (No. 13). 5. Pham Thu Thuy (co-author), (2103), Indemnity, support, resettlement principles when the State recovers agricultural land and proposed practical issues, University-level scientific subject: “Law on indemnity, support, resettlement when the State recovers land - Real situation and completion orientation” (Subject Manager: PhD Nguyen Thi Nga). 6. Pham Thu Thuy (2014), “Some issues on indemnity, support, resettlement when the State recovers land, in the comparison between Law on Land of 2003 and Law on Land of 2013”, Summary record of Scientific Conference: New key contents of Law on Land of 2013, Hanoi Open University, Hanoi, March 20th, 2014. 7. Pham Thu Thuy (2014), “Issues proposed from the actual application of the law on agricultural land recovery”, Democracy and Law Magazine, No. of March (264) in 2014.