Coercive land recovery means a competent State agency recovers the land use rights of the person to whom the State grants the land use right, or recovers the land of the land user who violates the land law when there is a land use right. decision on land acquisition that the land user does not comply with. So about the matter “Cases of coercive land recovery under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
Cases where land recovery is allowed under the land law
According to the provisions of Clause 1, Article 16 of the 2013 Land Law, the State shall decide to recover land in the following cases:
• Land recovery for defense and security purposes;
• Acquisition of land for socio-economic development for national and public benefits;
• Land recovery due to violation of land law;
• Land acquisition due to termination of land use according to law, voluntary return of land, risk of endangering human life.
Land users are obliged to hand over the land to the State when there is a decision on land recovery. In case the land user does not comply with the land recovery decision, the state agency will enforce the implementation of the land recovery decision in accordance with the law.
Principles of coercive land recovery for site clearance and resettlement
Pursuant to Clause 1, Article 71 of the 2013 Land Law, when a state agency enforces a decision on land recovery, it is necessary to adhere to the following principles:
• Coercion must be conducted openly, democratically, objectively, ensuring order, safety and in accordance with the provisions of law;
• The start time of enforcement is done during office hours.
Cases of coercive land recovery under Vietnam law
According to Clause 1, Article 16 of the 2013 Land Law, the State’s decision to recover land from a land user must be in one of the following cases:
– Recovery of land for defense and security purposes; socio-economic development for national and public interests;
– Land recovery due to violations of the law on land;
– Land recovery due to termination of land use according to law, voluntary return of land, risk of endangering human life.
Land users are obliged to re-allocate land when the State issues a decision on land recovery. In case the land user does not comply with the provisions of the law on land re-allocation, the State will carry out the enforcement of land recovery.
According to the provisions of Article 39, Clause 1, Article 40 of the 2013 Land Law, the State shall carry out the land recovery, compensation and site clearance after the land use master plan and plan is announced or when the investment project is completed investors have demand to use land in accordance with master plans and plans on land use approved by competent state agencies.
Before the land is recovered, within 90 days for agricultural land and 180 days for non-agricultural land, the competent state agency must notify the person whose land is recovered of the reason for the recovery, the time limit for land recovery and relocation plan, overall plan on compensation, site clearance and resettlement.
After the decision on land recovery and the plan for compensation, ground clearance and resettlement have been approved by a competent state agency, been publicly announced and taken effect, the person subject to land acquisition land must comply with the decision on land recovery.
In case the person whose land is recovered does not comply with the decision on land recovery, the People’s Committee of the level competent to decide on land recovery shall issue a decision on enforcement. Persons subject to forced land recovery must comply with enforcement decisions and have the right to complain.
Pursuant to Clause 2, Article 71 of the 2013 Land Law, the enforcement of a decision on land recovery shall be carried out when the following conditions are fully satisfied:
The person whose land is recovered fails to comply with the decision on land recovery after the People’s Committee of the commune, the Vietnam Fatherland Front Committee of the commune where the recovered land is located, has lobbied and persuaded.
The decision on enforcement of the decision on land recovery has been publicly posted at the headquarters of the commune-level People’s Committee, the common place of the residential area where the recovered land is located.
+ The decision on enforcement of the decision on land recovery has taken effect.
+ The person subject to enforcement who has received the enforcement decision shall implement the effective land recovery decision.
Therefore, the State is only entitled to organize the enforcement of the decision on land recovery when the above four conditions are met.
Principle of coercive land recovery
In case the land users in the area with land recovered do not cooperate with the organization in charge of compensation and ground clearance in the investigation, survey, measurement and tally, the commune-level People’s Committee, the People’s Committee of the commune, the Vietnam Fatherland Front at the commune level where the land is recovered, and organize the compensation and ground clearance tasks, and mobilize and persuade land users to do so.
Within 10 days after being mobilized and persuaded, if the land user still fails to cooperate with the organization in charge of compensation and ground clearance, the district-level People’s Committee chairperson shall issue a decision on compulsory inventory. .
In case the person whose land is recovered does not comply, the chairperson of the district-level People’s Committee shall issue a decision on enforcement of the decision on compulsory inventory and organize the enforcement according to the provisions of Article 71 of the Land Law 2013.
The enforcement of land recovery must comply with the following two principles:
– The coercion must be conducted openly, democratically and objectively, ensuring order, safety and in accordance with the provisions of law;
– The time to start the enforcement is done during office hours.
Conditions for coercive land recovery
Coercive implementation of a decision on land recovery shall be effected when the following conditions are fully satisfied:
The person whose land is recovered fails to comply with the decision on land recovery after the commune-level People’s Committee, the Vietnam Fatherland Front Committee of the commune where the land is recovered and organizes the task of compensation and clearance. by campaigning and persuading;
The decision on enforcement of the decision on land recovery has been publicly posted at the headquarters of the commune-level People’s Committee, at the common place of the residential area where the recovered land is located;
The decision on enforcement of the decision on land recovery has taken effect;
The person subject to enforcement who has received the enforcement decision shall implement the effective land recovery decision.
In case the coerced person refuses to receive the enforcement decision or is absent when the enforcement decision is handed over, the commune-level People’s Committee shall make a record.
The process of coercive land recovery
The chairperson of the district-level People’s Committee is the person competent to issue and implement the decision on coercive land recovery.
Step 1: Chairman of district-level People’s Committee decides to establish a enforcement committee
Step 2: The enforcement committee mobilizes, persuades, and dialogues with the coerced person
– If the person being coerced to comply, the Coercive Implementation Board shall make a record to acknowledge the observance.
The land handover shall be effected within 30 days from the date of making the minutes.
– If the person subject to coercion does not comply with the decision on coercion, the coercive implementation shall be organized.
Step 3: Organize the enforcement
– The enforcement committee has the power to force the coerced person and related persons to leave the coercive land area, and to transfer property out of the coercive land by themselves;
If they fail to do so, the enforcement committee is responsible for moving the coerced person and related persons and their property out of the enforcement land.
– In case the coerced person refuses to receive the property, the enforcement board must make a record, organize the preservation of the property according to the provisions of law and notify the property owner to receive the property back.
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Frequently asked questions
The district-level People’s Committees shall be responsible for organizing the enforcement and settlement of complaints; implementation of the resettlement plan; ensure necessary conditions and means; allocating funds for coercive land recovery;
The commune-level People’s Committees of the localities where the recovered land is located shall assign and publicly post up the decisions on enforcement of land recovery; participate in the enforcement of coercion; coordinate with organizations in charge of compensation, ground clearance to seal and move assets of people whose land is forcibly recovered;
The enforcement committee shall assume the prime responsibility for formulating the enforcement plan and cost estimates; enforce coercion; handing over land to organizations in charge of compensation and ground clearance;
If there is property on the recovered land, the enforcement board must preserve the property; the cost of preserving such property shall be borne by the owner;
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