Mechanism of land conversion through civil transactions – Some recommendations for completing the draft amending land law

Abstract

In the management and use of land, the conversion of land use rights from one subject to another for the purposes of national defense and security, for socio-economic development is an indispensable need. The regualtions of the law for this activity is a particularly important content of land law. In the context of a market economy and the practice of legal regulation through the Land Law 1993, the Land Law 2003, and the Land Law 2013, the mechanisms of land conversion includes: (1) Coercive land coordination mechanisms (The State uses public power to take the land use rights from one person to give it to another; (2) Voluntary land coordination mechanism (subjects agree to transfer land use rights from one person to another through civil transactions on land use rights). As land coordination mechanisms are a relatively birad issue, this paper focuses on suggestions for the following regulations: - The role of land conversion mechanisms through civil transactions - Evaluation of regulations on ladn conversion mechanisms through civil transactions in the Land Law 2013 and legal issues raised by the revised Draft Land Law. - Proposing solutions to improve the land mechanism through civil transactions in the Draft Amended Land Law