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Improving Regulations on Surface Rights in Vietnam
Consultation Workshop on Policy Recommendations on Land Law to Implement Surface Rights in Vietnam

On 16th November, a hybrid consultation workshop was co-organised by Hanns Seidel Foundation Vietnam (HSF) and the Institute of Strategy, Policy on Natural Resources and Environment (ISPONRE) of the Ministry of Natural Resources and Environment of Vietnam (MoNRE) to gather input from experts for the joint research project “Policy Recommendations and Amendments to the Land Law 2013 to Implement Surface Rights as Stipulated in the Civil Code 2015”.

Mr Michael Siegner – Resident Representative of HSF Vietnam spoke at the workshop

Mr Michael Siegner – Resident Representative of HSF Vietnam spoke at the workshop

HSF

Rapid population growth and high level of urbanisation have resulted in an increasing demand for not only land, but also underground and aboveground spaces and resources, which stresses the need to improve legal framework for regulations and implementation of surface rights to ensure a just, integrated and sustainable land management for all. In light of this, since March 2021, HSF has been supporting ISPONRE in conducting a study on “Policy Recommendations and Amendments to the Land Law 2013 to Implement Surface Rights as Stipulated in the Civil Code 2015”, aiming at proposing legal basis to define rights to the spaces on land and water surface, above the land and water surface, and under the land and water surface, as well as offering policy recommendations for applying surface rights in land management. Within the framework of this joint research project, the two partners co-hosted a consultation workshop on 16th November to collect opinions of researchers and policy makers on the existing regulations on surface rights as well as their implementation in Vietnam. Due to the COVID-19 situation in Hanoi, the workshop is organised as a hybrid event with 30 participants at the offline setting and the participation of nearly 50 experts via Zoom.

Offline setting of the workshop

Offline setting of the workshop

HSF

At the workshop, experts and researchers of the ISPONRE, universities and research institutes, as well as representatives from international organisations and relevant government agencies and ministries, including the Ministry of Justice and the General Department of Land Administration, presented and discussed various aspects of surface rights in the Civil Code 2015 and the Land Law 2013 of Vietnam as well as challenges of implementing legal regulations on surface rights. Furthermore, the participants also offered several policy recommendations for improving the regulations on surface rights in Vietnam and their implementation, for example those related to basis for determining surface rights, validity period of surface rights, recognition and transactions of land-related rights – including rights to the ground as well as underground and aboveground spaces and resources.

 

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