From Legal Framework to Practice: an Analysis of Social Justice in Land Expropriation in Vietnam

This paper delves into the complexities of land expropriation in Vietnam, focusing on the significant divergence between the legal discourse of “social justice” and the lived experiences of those affected. Employing a multidimensional approach encompassing social constructivism, Foucauldian discourse analysis, and concepts of justice, this research explores how land policies and practices construct and perpetuate inequalities. Findings reveal that discourses such as “for national and public interest” and “adequate compensation” are often deployed as instruments of power to legitimize land acquisition, while, in practice, citizens face inadequate compensation, resettlement challenges, and a lack of transparency. A comparative analysis of two contrasting cases demonstrates that proactive local governance, meaningful dialogue, and flexible solutions can mitigate the gap between policy and reality. The study identifies institutional power asymmetry, the use of discourse as a legitimizing tool, and a focus on procedural rather than distributive justice as primary drivers of this disjuncture. To address these challenges, the research proposes rebalancing power through citizen participation, building trust through consistent action, and shifting from a “compensation” to a more equitable “benefit-sharing” model. Ultimately, the paper advocates for a governance framework wherein citizens are empowered, entitled to fair benefits, and engaged through meaningful dialogue.