LAW OF VIETNAM ON COMPENSATION FOR AQUATIC LIVESTOCK WHEN THE STATE RECOVERS LAND FOR PROJECT IMPLEMENTATION

Abstract

To pursue the goal of industrialization and modernization, the State of Vietnam allows the recovery of land for national defense and security, socio-economic development in the national interest, and public interest[1]. However, to the people, the land recovery causes not only damage to the recovered land but also land-attached assets such as construction works, plants, crops, and livestock. So far, the Law of Vietnam has stipulated compensation for aquaculture products only, so all other livestock of farmers are not considered for compensation. It causes a lot of difficulties for farmers who have damage to non-aquaculture products. On the other hand, the compensation for aquaculture products also has many shortcomings. For instance, in some cases, there was no correct and sufficient method of determining the damage leading to compensation that is not fair and objective. Based on the analysis of livestock damage when the State recovers land to implement the project, this article codifies Vietnam's legal provisions on compensation for livestock. Since then, solutions and recommendations have been proposed to improve the law of Vietnam.