An historical overview of Vietnamese land law and dispute resolution

After decades of a socialist land regime, land disputes are a highly sensitive issue in Vietnam. According to government reports, complaints involving land acquisition and compensation made up 70 percent of all complaints to governmental agencies received from July 1, 2004 to 2011. Recently, a series of land disputes, many of which involve the use of violence, erupted in cities and provinces across Vietnam. Significantly, the increase in land disputes has occurred following land reforms that have strengthened land-use rights and public accountability for land administration. In this chapter, it is argued that land disputes in Vietnam are not a new development, but rather a recurring feature of Vietnamese history. As discussed in Chapter 1, “land disputes are not only attributable to economic and demographic changes, but they are also anchored in historical contests that reflect long-standing beliefs and practices.” This chapter points to the social fault lines and incompatible land systems that are currently generating ambiguous and multi-layered dispute resolution practices. As noted in Chapter 1, it is the fragmented modes of regulating access to land and dispute resolution that are responsible for the most intractable disputes.