Citizen Monitoring of Land Policy in Vietnam

1. Funded by: Implemented by: Supported by:
Citizen Monitoring of Land Policy
in Vietnam
Pham Quang Tu – Oxfam in Vietnam
Presented at the “Mekong Regional Land Forum”
Hanoi, 21/6/2016

2. Contents
1. Background and problem identification
2. Oxfam and LANDA‘s initial effort to promote citizens
monitoring of land use and planning
3. Planning to formalize an dup scale citizen monitoring of
land policies

3. 1. Background and problems
• During the last two decades, rapid industrialisation and economic growth
have put increasing pressure on land tenure in Vietnam
• Land has been the largest single cause, presents nearly 70% of total local
disputes in Vietnam
• Article 53 of Vietnam Constitution 2013, land is public properties, coming
under ownership of the entire people represented and uniformly managed
by the State
• The state maintains the power to acquire land from citizens and local
communities for public purposes and economic development projects
• Friction between the limited tenure rights offered to citizens and the state’s
power of compulsory land requisition is the primary driver of land disputes
• Citizens, defined as owner of the land but have little opportunities and
rights to monitor of state decision on land use and management

4. Land law 2013 and oppotunities for reform
• The 2013 Land Law defines the role of citizens in monitoring land
governance through two different mechanisms
• Article 198 stipulates the roles of the National Assembly (NA),
People’s Councils (PC), and the Fatherland Front (VFF) in
monitoring land management and land use
• Article 199 regulates citizens have the right to “supervise and
report breaches on land management and land use”
• Article 200 requires government to establish the land M&E system
• Article 200 also describes that the information sent from citizen to
government agencies via complaints and petitions is among of the
sources for the M&E system

5. What people can monitor?
1. Formulation, adjustment, publicization and implementation of master plans
and plans on land use;
2. Land allocation, land lease, and permission for change of land use purpose;
3. Land recovery, compensation, support and resettlement;
4. Registration of land and land-attached assets, and grant of the certificate of
land use rights and ownership of houses and other land-attached assets;
5. Collection of, exemption from, or reduction of, land use levy, land rental and
land-related taxes, and land valuation;
6. Implementation of administrative procedures involving the rights and
obligations of land users.
How can citizens really participate to monitor the land policies?

6. 2. Oxfam and LANDA‘s initial effort to promote
citizens monitoring of land use and management
• LANDA (Land Policy Alliance) was
established in 2013 under support
from Oxfam
– Was actively advocate in land law
2013 (4 out of 12 recommendations
were partly accepted)
– Monitor of implementation of the
law, including land rights for women
and monitor of land governance
• LANDA started to carry out the
citizen monitoring of land use and
management in 2014 – 2015 in Hoa
Binh and Quang Binh provinces

7. Contents of monitoring
In Hoa Binh province
• Monitor of building irrigation system in Bao village
• Monitor of bidding for contract of “5% land” in Tam village
• Monitor of using land and building the cultural house
In Quang Binh province
• Monitor of using land and building the internal road in Kim Lu
1 village
• Monitor of using land and building water system in Kim Lu 2
village

8. Process and methods of monitoring
1. Establishing the community monitoring
team
2. Training on land law and the rights of
citizen in monitoring land
3. Implement monitoring process
4. Monitor the process of land acquisition
– Monitor the design of the constructions
– Monitor of constructions’ building process
5. Organise exchange between 2 provinces
6. Organise workshop to draw lesson learnt
7. Develop hand book for land monitoring

9. • Project: Citizen monitoring of land governance in Vietnam
• Overall goal: To secure land rights of small-scale farmers and
ethnic minority communities through develop and
implementation the system of citizens monitoring of land use
and management in Vietnam
– Outcome 1: A guideline for citizen land governance monitoring system
will be developed and apply in three Vietnamese provinces monitors
land use and management, consistent with internationally-recognized
principles.
– Outcome 2: A strengthened multi-stakeholder platform on land issues
actively engages government, civil society and the private sector in the
policy process to improve land governance in Vietnam
3. Planning to formalize and up scale citizen
monitoring of land policies

10. Approach to implement
For the first outcome:
• Identify locations based on:
1. Geographical diversity among regions of Vietnam
2. Topical diversity reflecting different land governance challenges, linked
to the scope for citizen monitoring in Article 199 of the Land Law
3. Ongoing processes of land re-allocation at a significant scale
4. Locations where Oxfam, Landa, Forland and partners could build trust
and supportive collaboration with local authorities
• Developing criteria, monitoring frame work
• Test criteria and monitoring frame in 3 selected provinces: Hoa
Binh, Ha Tinh and Can Tho

11. Approach to implement (con‘t)
For the second outcome:
1. Link to new partners in government and the private sector to
establish a multi-stakeholder land governance platform
2. Discuss with GDLA to assigned Department of Land Use
Management and Control to join the project and work
together in developing citizen monitoring system
3. Integrate the citizen monitoring system into the M&E
framework and circulate to regulate implementation of
national wide land use and management M&E system, which
is planned to complete at the end of 2017

12. Thank you very much for attention!