Abstract

The decentralization of land management under Vietnam’s two-tier local government system directly affects the rights of land users. This article examines the approaches proposed in the draft amended Land Law, focusing on authority over land allocation, land leasing, changes in land-use purposes, land recovery, compensation, support, and resettlement. Based on the requirements for protecting land users’ rights, the study analyzes the proposed decentralization arrangements and argues that authority should be clearly defined, aligned with the administrative capacity of the government level concerned, and proportionate to the scope and impact of each decision. Accordingly, it recommends revising Article 19 of the Draft to clarify the division of authority between provincial- and commune-level governments, limit further delegation and authorization, and differentiate authority according to the extent to which decisions affect land users’ rights.

Keywords: Decentralization of land management, draft amended Land Law, land use rights, land users.