Vietnam - Legal basis of nature management and environmental protection


Land-legal transformation in Vietnam was aimed at changing the system of land and other natural resources relations and forms of organization of agricultural production, which allowed to overcome inflation, create food reserves, turn grain into an export commodity; Vietnam has become one of the three largest rice exporters along with the United States and Thailand.

The restructuring of natural resources relations was influenced by the constitution, laws on land, cooperatives, the Civil Code of 1995, the decision of the Council of Ministers on improving group and individual contracts for final products in agricultural cooperatives and production groups, party directives on the renewal of agricultural management and on the economic issues of deepening land reform.

The guiding documents stated that production cooperation, often formal, carried out on a low material and technical basis, violating the principle of voluntarism, without significant economic support from the state, did not contribute to the development of agriculture, productive forces and led the country to the degradation of nature and associated with her chronic grain imports.

The transformation of land relations did not affect the ownership of land - it is public, state property; However, there was a transition of the right to use land plots from agricultural production cooperatives to family farms, which made them the main forms of organizing agricultural production.

Mass distribution of the family contract results in a change in the functions and legal status of production cooperatives: some of them began to render services to peasant farms in the processing of their land, others disintegrated or exist formally, some adapted to new conditions of land use and management.

Cooperatives get the opportunity to use hired labor, to select on the principle of "one person - one vote" heads of not sent officials, but of their members, take care of the independent use of the land allocated to them and other natural resources.

The process of voluntary creation of cooperatives for joint land cultivation, sale, provision of other services in the village, production of certain types of agricultural products is developing. The right of land use for the creation of these cooperatives remains with the peasants.

Peasant farms producing products for self-sustainment, cultivate plots with an average area of ​​0.5-1 ha. Strong commodity farms, which received land in terms of the number of consumers leasing it in addition, employ hired labor, pay the cost of work, food for the workers.

Private households differ from family farms using larger land plots by acquiring rights to them from poor peasant households on the basis of rent, employing a hired labor and paying an additional tax.

Only in the 1990s. documents were issued on the right of land use to permanent users of the land, who received the rights of exchange, assignment, transfer to lease, by inheritance, as security for land use rights. At the same time, the state registers these transactions, establishes the maximum size and does not allow changes to the purpose of the site.

The term of providing land for the cultivation of annual crops and aquaculture is 20 years, for the cultivation of long-term industrial crops - 50 years. If the peasants did not violate the laws governing

nature use, and wish to continue processing the land, the state provides land for future use. The amount of free land received depends on the purpose of use and the land fund of the district.

If during the reform of the 1980s. the cooperative continued to carry out land cultivation, irrigation, fertilization on the basis of intraeconomic calculation for the peasant family, then in the 1990s, the family began to be seen as a key economic unit in the village and many work carried out in the home. The mandatory sale of products to the state through a cooperative was abolished, and the relations of exchange between the state and the peasants were transferred to market principles.

With the deepening in the XXI century. division of labor and the development of commodity economy, note the Vietnamese scientists, come in contradiction with the needs of the economy leveling, gratuitousness, rigidity of securing the land behind the yard. The blurring of the relations between the family economy and the collective economy, the state of responsibility, mutual rights and obligations, the fall of contractual discipline and the transition to oral agreements do not contribute to the strengthening and implementation of the family contract.

The legal foundations of collective farms that are not strengthened in the role of customers, legal entities, are left without land, are being unclear, having given away to its households. Remained in the collective property only irrigation and some other structures do not always allow to serve all necessary parts of the production process, to resist natural disasters.

Understanding the strengths and weaknesses and options for the legal regulation of land and other natural resources relations allows us to take timely legislative measures aimed at the proper and fair organization of the use and protection of lands and other natural resources.

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