2

The study's purpose is to assess how historical, social, political, and global

governance factors influenced the development and evolution of Vietnam’s land

policies. The methodology includes comparative legal research, case study

analysis, and document review. According to the study, Vietnam’s land legislation

has undergone significant modifications in order to globalisation and market-

driven policies. However, difficulties still exist in balancing the protection of land

users’ rights with governmental authority. The study highlights the flaws of the

current legal system, particularly those pertaining to land use rights, transparency,

and land user compensation. According to the findings, although land law reforms

have promoted economic growth, they have also resulted in socioeconomic

1

Full Doctor. Vietnam National University, Ho Chi Minh, Vietnam.

2

Researcher. Vietnam National University, Ho Chi Minh, Vietnam.

Resumen

existen dificultades para equilibrar la protección de los derechos de los usuarios

de la tierra con la autoridad gubernamental. El estudio destaca las deficiencias del

sistema jurídico actual, en particular las relativas a los derechos de uso de la tierra,

la transparencia y la compensación a los usuarios. Según los hallazgos, si bien las

reformas agrarias han promovido el crecimiento económico, también han

generado desigualdad socioeconómica, especialmente en las regiones rurales,

debido a la falta de protección adecuada de los intereses de los agricultores. Para

aumentar la eficacia de los sistemas de gestión agraria y priorizar los derechos de

los usuarios, la investigación recomienda modificar la legislación.

where the boundaries of economy, politics, and culture are removed, in which

people’s awareness is steadily increasing and in which people’s behaviour is

dependent (Waters, 2001). In order to more profoundly understand the

globalisation's impact on societal development as well as the interdependence

between countries, regions and global levels, studying globalisation is essential

(Caporaso & Madeira, 2013).

The world globalisation has many specific uses in contemporary discussion

(Jakubik et al., 2017; Shtal et al., 2023). One of the main issues, particularly in

less developed nations, is the increasing interference in politics, human rights and

security from a new imperialism. The competition for the influence and control

as a result of globalisation, with substantial ramifications for both domestic

governance and international relations (Ketners et al., 2024; Issayeva et al., 2024).

As Vietnam progresses through the world, its land policies (which are influenced

by international economic and governance processes) must adapt to meet

international standards while preserving stability and advancement. With a focus

on Market changes and foreign investment incentives, this article discusses how

Vietnam’s land law, which has been impacted by political, socioeconomic,

historical, and external global governance elements, can be reorganised to satisfy

demands from both the inside and the outside.

For a better understanding of the larger dynamics of land policy and

since it highlights how crucial it is to have efficient land management laws and

agricultural planning in order to ensure that land is used appropriately in the face

of rapidly expanding metropolitan areas.

land transitions by 2050, offering crucial information on the future of changes in

land usage in Ho Chi Minh City. With major ramifications for sustainable land

management and urban planning, the researchers emphasised the ongoing shift

from farming to urban and residential land. The results draw attention to the

challenges in preserving agricultural land due to urbanisation and the necessity of

adaptable policies. This study complements the current research on how

urbanisation and globalisation impact Vietnam's land laws and policy reforms,

especially in the context of striking a balance between sustainable land

management techniques and economic growth, by looking at the spatial

distribution and anticipated changes in land use.

affecting resource management and land use in Vietnam. It supports the larger

theme of land law reforms and policy implications covered in the current study by

looking at how community involvement and local views have an impact on

conservation efforts, especially when it comes to balancing between ecological

sustainability, development, and conservation priorities.

Resolving the pressing issue of plastic waste in the ocean in Vietnam, Yen

and Dung (2023) investigated the difficulties and ramifications for treating plastic

waste in poor countries in compliance with national and international regulatory

frameworks. The researchers criticised the efficiency of the current legislative

management are, which are crucial components of Vietnam's larger development

issues. In line with the current study’s focus on land law reform, globalisation, and

governance, this analysis looks at how Vietnam uses legislative and policy

frameworks to address environmental challenges, highlighting the necessity of

comprehensive policies that strike a balance between sustainability, development,

Thanh (2023) investigated Vietnamese farmers’ opposition to the

unequal distribution of power in land acquisition talks, with farmers having little

negotiating opportunities and the government controlling a large portion of

agricultural land decisions. It adds to the larger conversation about land law

improvements to local living circumstances. It discusses the intricacies of

reforming land laws in light of urbanisation and development. It helps to

comprehend the wider ramifications of land law changes on sustainable

development by examining the relationship between land acquisition, tourism

Pham (2023) examined the connection between Hanoi's urban real estate

growth and settlement historical protection, especially with regard to

sustainability. The authors looked at how conflicts between protecting settlement

legacy and expanding urban real estate developments have arisen as a result of

Vietnam’s economic changes and land legislation, beginning with the 1993 Land

Law. In keeping with the current study's emphasis on how land management

affects the environment and society, it provides insightful information about the

wider ramifications of land law and urban planning changes in Vietnam by

described as an implicit rule that although the Communist Party has taken control

of the State, other foreign powers are plotting to dominate Vietnam. For political

security reasons, the Government does not recognise land ownership for any

individuals or organisations.

Article 18 of the Constitution of the Socialist Republic of Vietnam (1992),

Articles 53 and 54 of the Constitution of the Socialist Republic of Vietnam (2013)

attest to the State's consistent management of land in accordance with the

legislative framework and master plan, guaranteeing its prudent and effective use.

The state grants land to organisations and people for steady, long-term use.

agricultural land fund for towns, wards, and communes' public usage (Land Law,

2013).

aspect of its result in socio-economic crisis in depth. In front of this dire situation,

the Vietnamese Government promulgated Directive No. 100-CT/TW “Improving

Contracting Work, expanding “Product Contracting to Labor Groups and

often results in the expropriation of land from rural residents, depriving them of

their main source of income and stability. Many farmers do not receive adequate

compensation for lost land, which worsens their economic situation (Khamzina et

al., 2020; Tleubayev et al., 2024). This causes deep social tension, as land losses

Another serious problem is the growth of social inequality. The

concentration of land in the hands of large corporations and foreign investors

widens the gap between rich and poor (Khamzina et al., 2015; Aliyev et al., 2022).

Local residents who have lost their land do not have access to new opportunities

in the labor market and often face low-paid jobs in industrial areas, which does

not allow them to improve their standard of living. Moreover, due to ineffective

land registration and the lack of adequate legal mechanisms, many citizens

become victims of abuse and corruption. Changes in land use also have serious

increased political activity among rural communities, which are demanding

greater justice and the protection of their land rights from the government (Zhylin,

2020; Cherven & Pavliuk, 2019). This could lead to civil protests and social

conflicts, further increasing tensions in society. At the same time, the positive

aspects of the reforms cannot be ignored, in particular the development of

infrastructure and the attraction of foreign investment, which contribute to

economic growth. In order to ensure sustainable development and social stability,

additional steps must be taken to protect the rights of local communities, provide

adequate compensation, and prevent negative environmental impacts. Land

needs to be developed that takes into account the interests of rural communities

and reduces social and environmental risks.

Certain WTO members urge Vietnam to keep eliminating rules and

streamlining intricate processes, particularly by establishing a single window for

investment activity and enhancing legislation. The laws pertaining to real estate

and the extension of land use rights, guaranteeing that incentives are provided to

international businesses without exception. According to other WTO members,

use rights to guarantee loans at any bank that is permitted to operate in Vietnam.

According to the law, it is also the duty of the Vietnamese government and the

province People's Committee to set up explicit procedures for land use and, if

required, to provide compensation. Businesses with foreign investments are

permitted to lease land in order to conduct investment projects (Rakhimberdinova

et al., 2022; Akhmet et al., 2025). According to Article 67.3 of the Land Law

(Revised), the lease duration normally shouldn't be longer than 50 years. Although

after the initial lease, it may be extended. For projects with large investment and

long payback or conducted in places with financial and social difficulties, the

practices, and these regulations has been unplanned to revise (World Trade

Organization, 2006).

From the above basis, it can be seen that in 2003, to the Land Law were

made additional changes to accommodate socioeconomic progress and the pattern

of global integration and market-oriented land reform. Land use rights traded

within the real estate industry has made it possible for overseas investors to

mobilise capital, giving them confidence to invest through strict, transparent and

National governments must work together and coordinate their efforts as a

result of globalisation, but their readiness to collaborate on certain issues and their

1944 that would ensure multilateral economic cooperation, international financial

stability, and the liberalisation of trade and capital (Caporaso & Madeira, 2013).

This section will briefly review the role of “the mother of all governments” – the

World Bank in assistance for GoV to improve physical infrastructure and to

system, the World Bank has implemented the “Comprehensive Global Economic-

Political Development Program” (CDF) in many countries, including There is

Vietnam. The content of the CDF includes the World Bank’s Poverty Reduction

Strategy (PRSP) (World Bank, 2004).

countries to implement poverty reduction and development. It is covering the

regulation of external support. Long-term, comprehensive vision; country

ownership; country-led collaboration; and results-orientedness are the four main

components of the CDF. These four principles display valuable functions of the

World Bank Group. They do not map out a design by which countries follow or

According to the Country Ownership Principle, to build country ownership

a country has to more explicate and disseminate about strategies and policies of

the country. The World Bank consults governments to reveal public information

and provide assistance for setting up competence in this area. Additionally, the

transparency in the revealing policy of the Bank expresses that the principle of

country ownership is fully applied by the Bank (World Bank, 2004).

An essential component of this Poverty Reduction Strategy is land policy

challenges. The Bank has conducted several and consulting activities such as

comprehensive land assessment, assessment of the correlation between poverty

and the environment, the growth of the private sector, the real estate market, and

ethnic minorities (Rahul, 2021). According to the World Bank, Vietnam’s current

land management system has several shortcomings, such as:

b) lack of infrastructure to have a system effective land management system (from

cadastral mapping, land plot formation, land use rights certification, land

transaction registration, record management to providing land management

services);

communes.Therefore, the Prime Minister issued Directive No. 05/2004/CT-TTg

“On Organizing the Implementation of the 2003 Land Law” (2004) on

implementing the 2003 Land Law and assigned the Ministry of Planning and

Investment (MPI) and the Ministry of Natural Resources and Environment seeks

(Tu and Lan, 2024). Based on this Directive No. 05/2004/CT-TTg, the World

Bank received a request to sponsor the Vietnam – Land Administration Project

(2015).

land information and data for all land users through improving the land

management system in Vietnam. This goal will be accomplished by making sure

that land users, such as homes, enterprises, and individuals possess the ability to

obtain more dependable and effective land management services. In addition to

promoting excellent management, a transparent land management system will

increase locals' confidence in land-related development initiatives across the

nation.

pertaining to land registration, delineation, and electronic land information

archives; discussion with land users to determine the kinds of transfer rights, based

on free option methods to do this; providing fast and equitable compensation for

all land acquisition; and independently resolving disputes and complaints

(Principles for Responsible…, 2010).

According to Principle 3 of the RAI Principles, procedures pertaining to the

acquisition of land and other resources, as well as the investment that goes along

with them, must be open, transparent, and accountable to all parties involved

within a suitable legal, business, and regulatory framework. It is described that the

participant. This benefits both the host countries and foreign investors by a more

effective competitive environment. The clarification of the provisions on

investment incentives and the applicable way will make the business climate more

alluring to international investors to invest long-term development (Principles for

Responsible…, 2010).

The CDF principles are also a premise of the PRSP which is among the

primary objectives of the Bank (World Bank, 2004). Concerns about land policy

expansion of the private sector and land markets; and the integration of land policy

(Rahul, 2021; Pasko & Samoilenko, 2023).

Actually, there are a number of problems with the current land

administration system of Vietnam, such as:

b) lack of facilities to support the efficient operation of the land administration

system, including cadastral mapping, land titling, land transaction registration,

record management, and land administration services;

capabilities.

Therefore, recently, to rectify these shortcomings, GoV has been conducting

the Program for the Development and Modernisation of the Land Administration

administration services. A transparent land-management system will support good

governance and increase locals' confidence in the nation's land-related

development initiatives. Such a Program is compatible with the Country

Assistance Strategy (CAS) goals, namely promoting market-oriented reforms,

governance, and inclusive and sustainable growth (Rahul, 2021; Pavlenchyk et al.,

2025).

CAS is prepared by the WB based on the connection between the

International Development Association (IDA) and the International Bank for

Reconstruction and Development (IBRD). The CAS’s target is to assist the low-

income developing countries in obtaining sustainable development and reducing

primary areas in which Bank Group

assistance can best support a country (Country

Assistance Strategies, 2009).

experiences internal knowledge of regional land management concerns. The Bank

is also able to offer substantial investments as well as help leverage co-financing

which will be required to implement the Government’s program (Project

Appraisal Document…, 2009). After implementing the VLAP Project and on the

basis of inheriting the 2003 Land Law, the Land Law (2013) was born, continuing

to strengthen the legal framework, transparency, and simplification of land

procedures in the interest of land users. The 2013 Land Law provides more

focused regulations on protecting the rights of land users, simpler land

administrative procedures, and strict regulations on the responsibilities of

managers. At the same time, it also strengthens the responsibility of land users

Because land law has changed in the direction of land participating in the

market, administrative procedures are transparent and clear, protecting the rights

of land users. Therefore, many industrial parks have sprung up across the country.

By the end of September 2021, Vietnam's Industrial Park Development Plan

includes 563 industrial parks across the country, including those in bordering gate

and coastal economic zones. These parks have a total natural land area of

approximately 210.9 thousand hectares, which makes up 4.1% of all non-

agricultural land area and 0.6% of the country’s overall natural land area during

the 2016-2020 national land use planning phase (Nhật, 2021; Shahini, 2025).

further enhance the investment climate for each and every investor. The law

regulates investment transactions, investor rights and responsibilities, and the

distribution of incentives, including support, encouragement, and assistance, to

international investors throughout the constructing and execution of projects. The

Investment Law clearly stipulates ensuring the nationalisation or expropriation of

investors’ property. Asset seizures or nationalisation must only be done for the

sake of the public and must be accompanied by fair and just compensation in line

with the legislation (World Trade Organization, 2006).

Of which, around 8,257 projects have been put into operation, totalling

approximately USD 160.2 billion in realised investment capital, or 69.6% of

registered investment capital (Industrial Real Estate, 2022).