LEGAL FRAMEWORK FOR ENSURING EQUITY AND HARMONIZING INTERESTS OF PARTIES IN LAND ACQUISITION IN VIETNAM

Resumo

Land acquisition for socio-economic development remains a complex and often contentious process, especially in contexts where affected communities face displacement. Existing compensation frameworks tend to focus narrowly on material losses, frequently neglecting the psychological, social, and cultural impacts associated with forced displacement.This study advocates for a more comprehensive and inclusive understanding of damages resulting from land acquisition. Specifically, it seeks to expand the scope of compensation to include immaterial losses and to propose diverse compensation strategies that promote equity, empowerment, and sustainability. Through a review of policy documents, legal frameworks, and case studies on land acquisition, the study examines current compensation practices and identifies gaps in addressing non-material damages. It further explores best practices for compensation mechanisms, with a focus on participatory and community-centered approaches. The study finds that conventional compensation practices often fail to account for the emotional, cultural, and psychological toll on displaced individuals. It highlights the importance of adopting broader compensation methods, such as land-for-land exchanges, access to vocational training, and financial services, to support long-term reintegration and the restoration of livelihoods. Moreover, it highlights the importance of involving community representatives in the monitoring and oversight of land acquisition processes to promote transparency, accountability, and trust. The study concludes that A multidimensional compensation framework that integrates both material and immaterial considerations can lead to more just and sustainable outcomes. By institutionalizing inclusive compensation mechanisms and fostering community involvement, stakeholders can mitigate conflict and enhance social cohesion during development interventions.