Article from: Tuoi Tre

Following a serious case in which four members of a family have been prosecuted for murder after they shot and injured six police officers in an encounter over land issues in Hai Phong City on January 5, a senior lawyer said the Law on Land should be amended.

Lawyer Tran Huu Huynh: "I think that it is unadvisable to maintain an old mechanism that is hindering the country’s competitive ability." (Photo: Tuoi Tre)

The case of Doan Van Vuon, 49, of Tien Lang district, who acted against the local authorities’ decision to withdraw 50 hectares of land assigned to his family in 1993, is a typical incident that prompted thinking that it is time to adopt a new approach to land legislation, lawyer Tran Huu Huynh, head of the Legislation Department of the Vietnam Chamber of Commerce and Industry, told Tuoi Tre.

The lawyer, who has spent many years studying the law system on land, said, “We should not see this case as a single one, but should consider it along with a lot of other complaints that have occurred in relation to land issues.

Sometimes, a complaint that remains unsolved for a long time may lead to unexpectedly excessive responses, even violent acts. Vuon’s case is one. I was told that Vuon had long resisted against the district’s People’s Committee for its decision to withdraw the land before the forced removal imposed on Vuon’s family occurred.

The authorities forced Vuon to return the land, as it said that his right to use the land expired in 2009, but Vuon did not agree, saying he was eligible to continue using the land.

While relevant agencies are investigating the case, the issue here is why, when a land-related issue arises, does it often contain risks of disorder and inability, Huynh said.

“In my opinion, the land-related law system is characterized by three features: the first, it has a cumbersome volume of legal documents; the second, it is changed often and in some cases, both local authorities and citizens could not catch up with it; and the third, it governs numerous subjects and touches the most sensitive issue to people: land-based livelihood,” the lawyer said.

He also answered some questions from Tuoi Tre. Read the questions and responses here.

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Six cops shot in forced removal case in Hai Phong

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