Funded by: Implemented by: Supported by:

Citizen Monitoring of Land Policy

in VietnamPham Quang Tu – Oxfam in Vietnam

Presented at the “Mekong Regional Land Forum” Hanoi, 21/6/2016

Contents 1. Background and problem identification2. Oxfam and LANDA‘s initial effort to promote citizens

monitoring of land use and planning 3. Planning to formalize an dup scale citizen monitoring of

land policies

1. Background and problems• During the last two decades, rapid industrialisation and economic growth

have put increasing pressure on land tenure in Vietnam• Land has been the largest single cause, presents nearly 70% of total local

disputes in Vietnam• Article 53 of Vietnam Constitution 2013, land is public properties, coming

under ownership of the entire people represented and uniformly managed by the State

• The state maintains the power to acquire land from citizens and local communities for public purposes and economic development projects

• Friction between the limited tenure rights offered to citizens and the state’s power of compulsory land requisition is the primary driver of land disputes

• Citizens, defined as owner of the land but have little opportunities and rights to monitor of state decision on land use and management

Land law 2013 and oppotunities for reform • The 2013 Land Law defines the role of citizens in monitoring land

governance through two different mechanisms• Article 198 stipulates the roles of the National Assembly (NA),

People’s Councils (PC), and the Fatherland Front (VFF) in monitoring land management and land use

• Article 199 regulates citizens have the right to “supervise and report breaches on land management and land use”

• Article 200 requires government to establish the land M&E system • Article 200 also describes that the information sent from citizen to

government agencies via complaints and petitions is among of the sources for the M&E system

What people can monitor? 1. Formulation, adjustment, publicization and implementation of master plans

and plans on land use;2. Land allocation, land lease, and permission for change of land use purpose;3. Land recovery, compensation, support and resettlement;4. Registration of land and land-attached assets, and grant of the certificate of

land use rights and ownership of houses and other land-attached assets;5. Collection of, exemption from, or reduction of, land use levy, land rental and

land-related taxes, and land valuation;6. Implementation of administrative procedures involving the rights and

obligations of land users.

How can citizens really participate to monitor the land policies?

2. Oxfam and LANDA‘s initial effort to promote citizens monitoring of land use and management • LANDA (Land Policy Alliance) was

established in 2013 under support from Oxfam– Was actively advocate in land law

2013 (4 out of 12 recommendations were partly accepted)

– Monitor of implementation of the law, including land rights for women and monitor of land governance

• LANDA started to carry out the citizen monitoring of land use and management in 2014 – 2015 in Hoa Binh and Quang Binh provinces

Contents of monitoringIn Hoa Binh province• Monitor of building irrigation system in Bao village• Monitor of bidding for contract of “5% land” in Tam village• Monitor of using land and building the cultural house

In Quang Binh province• Monitor of using land and building the internal road in Kim Lu

1 village• Monitor of using land and building water system in Kim Lu 2

village

Process and methods of monitoring1. Establishing the community monitoring

team2. Training on land law and the rights of

citizen in monitoring land3. Implement monitoring process4. Monitor the process of land acquisition

– Monitor the design of the constructions– Monitor of constructions’ building process

5. Organise exchange between 2 provinces6. Organise workshop to draw lesson learnt 7. Develop hand book for land monitoring

• Project: Citizen monitoring of land governance in Vietnam• Overall goal: To secure land rights of small-scale farmers and

ethnic minority communities through develop and implementation the system of citizens monitoring of land use and management in Vietnam– Outcome 1: A guideline for citizen land governance monitoring system

will be developed and apply in three Vietnamese provinces monitors land use and management, consistent with internationally-recognized principles.

– Outcome 2: A strengthened multi-stakeholder platform on land issues actively engages government, civil society and the private sector in the policy process to improve land governance in Vietnam

3. Planning to formalize and up scale citizen monitoring of land policies

Approach to implementFor the first outcome:• Identify locations based on:

1. Geographical diversity among regions of Vietnam2. Topical diversity reflecting different land governance challenges, linked

to the scope for citizen monitoring in Article 199 of the Land Law3. Ongoing processes of land re-allocation at a significant scale4. Locations where Oxfam, Landa, Forland and partners could build trust

and supportive collaboration with local authorities • Developing criteria, monitoring frame work• Test criteria and monitoring frame in 3 selected provinces: Hoa

Binh, Ha Tinh and Can Tho

Approach to implement (con‘t)For the second outcome:1. Link to new partners in government and the private sector to

establish a multi-stakeholder land governance platform2. Discuss with GDLA to assigned Department of Land Use

Management and Control to join the project and work together in developing citizen monitoring system

3. Integrate the citizen monitoring system into the M&E framework and circulate to regulate implementation of national wide land use and management M&E system, which is planned to complete at the end of 2017

Thank you very much for attention!