Base de données Genre et le Droit à la Terre

Vietnam

Systèmes fonciers prévalents

- The State owns all land. The land tenure system consists of individual, household-based, long-term land use-rights allocated by the State (17).

- Land use-rights to agricultural land may be allocated without collection of land use fees to family households and individuals within the quotas of three hectares of land for planting annual crops, for aquaculture and for salt production, within 10 hectares for planting perennial crops and within 30 hectares of forest land (19).

- The State may collect use rights fees from family households and individuals being allocated residential land (19).

- The State may also lease land, upon collection of an annual rent, in the following cases:
i. Family households and individuals leasing land for production in agriculture, forestry, aquaculture or salt production.
ii. Family households and individuals wishing to continue using agricultural land areas exceeding the quota allocated prior to 1 January 1999.
iii. Family households and individuals using agricultural land areas exceeding the quota allocated from 1 January 1999, except for land areas which they received as assignees of land use rights (19).

Institutions nationales et locales faisant appliquer la réglementation en matière foncière

- The National Assembly promulgates the laws on land, make decisions on nationwide land use zoning and planning, and exercises the right of supreme supervision of administration and use of land throughout the entire country, as stated in Article 7 of the 2003 Land Law (19).

- People’s councils at all levels supervise the implementation of the laws on land within their respective localities (19).

- The Land Inspectorate has the duty of inspecting compliance with the laws on land by State bodies and land users with respect to the administration and use of land. The Inspectorate also prevents breaches of the laws on land and deals with them directly or by recommending that the competent State body do so (19).

- Local administrative bodies for land are responsible to direct and organize inspections of land within their respective localities.

- The Ministry of Natural Resources and Environment is responsible for directing and organizing inspections of land nationwide (19).

- The People’s Committee of the commune, ward or township where the land is situated is responsible for settlement of land disputes, which could not be solved by conciliation, as stated in Article 135 of the 2003 Land Law.

- Where one or more parties concerned disagree with the conciliation of a land dispute by a People’s Committee of the commune, ward or township, a People’s Committee shall deal the case when legal documents for the disputed land exist.

- When documentation is absent or not sufficient, the dispute is brought to the city or province People’s Committee or to the Minister of Natural Resources and Environment for resolution, if the parties disagree with the decision of the city or province People’s Committee, as provided for by Article 136 of the Land Law (19).

- The National Assembly resolves disputes involving boundaries of administrative units of provinces and cities under central authority.

- The Government resolves disputes involving boundaries of administrative units of districts, towns and provincial cities, and of communes, wards and townships, as provided for by Article 137 of the 2003 Land Law (19).

Institutions foncières et quotas pour les femmes

- The Government exercises uniform State administration of land throughout the country and makes decisions on land use zoning and planning of provinces and cities and for objectives of national defence and security, as stated in Article 7 of the 2003 Land Law.

- The Ministry of Natural Resources and Environment is responsible before the Government for the state administration of land (19).

- People’s Committees at all levels are organs of local State administration.

> People’s Committees of provinces and cities issue certificates of land use right to religious organizations and establishments, Vietnamese residing overseas, foreign organizations and individuals, as stated in Article 52[1] of the Land Law.

> The People’s Committee of a province or city organizes and directs the implementation of land use zoning and planning of its locality and inspects implementation of land use zoning and planning by local authorities of the lower level (19).

> The People’s Committees of districts, towns and provincial cities are in charge of allocating land and issuing land certificates to households and individuals, communities of citizens, and Vietnamese residing overseas who purchase residential housing attached to residential land, as stated in Article 52[1] of the Land Law (19).
They are also responsible for all procedures of transfer and exchange of land use rights, except in rural areas, where these responsibilities belong to the People’s Committee at the commune level (17).

> The People’s Committee of a commune, ward or township organizes and directs implementation of land use zoning and planning of its locality; identifies and prevents land use conduct which is inconsistent with the land use zoning and planning (19).

- The land administration sector assigns mainly male specialists to work at local level. In the Kim Bang district, Ha Nam province, as of 2001, there was one woman amongst 26 land administration staff (17).

Financement et dispositions visant à garantir les transactions foncières des femmes

Rural women have particularly limited access to official credit. In 1998 only 10 percent of the customers of the Viet Nam Bank for Agriculture were women (23).

Autres facteurs ayant une influence sur les droits fonciers différenciés selon le genre

- Women’s access to land is still difficult despite of the gender equity provisions of the 2003 Land Law, due to the lack of its implementation, especially at the local level. Local officials who administer and interpret the law are not gender sensitive and often revert to traditions and customary practices, which favour men (23).

- Although both men and women can receive Land Use Certificates (LUCs), there are no current standards for maintaining names on the register or for determining whose names will be placed on the LUCs (24). Both LUCs and the local land administration book continue to have only the name of household’s head who, according to customs, is the husband (12).

- The absence of women’s names in Land Use Certificates (LUCs) hampers their access to loans. The right to land use is the most popular collateral for household mortgages; however, in most cases, the land use certificates have been issued in the husband’s name as he was traditionally considered the head of the household. (23). Furthermore, women cannot use land ownership certificates of property jointly owned in civil transactions, if the title has been issued in the husband’s name only (25).

- Women are generally allocated smaller land plots due to the fact that land size allocation corresponds to the working age of the assignee which is defined as being 15 to 55 years for women, as opposed to 15 to 60 years for men (25).

- Women, especially those belonging to ethnic minorities, have limited knowledge of their rights to land and of the provisions of the Land Law. Furthermore, they rarely participate in meetings and discussion about land allocation (23).

Sources:  Les nombres affichés entre parenthèse (*) font référence aux sources énumérées dans la Bibliographie.