Land recovery has been regulated since the first Land Law of our country in 1987 in Article 14. It stipulates that land should be recovered when it needs to be used for the needs of the State or the whole society. Because for the recovery of land for national security, it is necessary to strictly stipulate the order and procedures for land recovery in order to ensure democracy, publicity and fairness in the ground clearance process. So about the matter “Land acquisition for national security and defense in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013.
- Decree 43/2014/ND-CP guiding the implementation of the Land Law
Some issues about national defense and security land
Right from the first land law in 1987, defense land was regulated but not really clear, specifically, later, through the 1993 land law; 2003 and until now is the 2013 land law, regulations on defense land are increasingly inherited and developed. Land used for national defense and security purposes (hereinafter referred to as defense land for short) is land belonging to the group of non-agricultural land, land allocated by the State without collection of land use levy and land users are entitled to use land. long term settlement.
National defense and security land users are defined in Article 50 of Decree 43, based on the purpose of use, specifically:
– Units directly under the Ministry of National Defense and the Ministry of Public Security are the users of land for the units stationed in the army (except the provincial military command; the district military command; the provincial police; district-level police, ward-level police, and border-guard stations are land users for land to build headquarters); land for military bases; land for construction of national defense works, battlefields and special works on national defense and security; public service houses of the people’s armed forces; land in areas where the Government assigns separate tasks to the Ministry of National Defense and the Ministry of Public Security to manage, protect and use;
– Units directly using land are land users for land for military stations and ports; land for industrial, scientific and technological works in direct service of national defense and security; land as treasures of the people’s armed forces; land for shooting range, training ground, weapons testing ground, weapons destruction ground; land for construction of schools, hospitals and convalescence houses of the people’s armed forces; land for detention camps, educational institutions, reformatories managed by the Ministry of National Defense and the Ministry of Public Security;
– Military Commands of provinces and centrally run cities; Military Commands of districts, towns, provincial cities; Police of provinces and centrally run cities; Police of districts, towns, provincial cities; Police of wards and townships; The border guard station is the land user for the land for the construction of the headquarters.
When does the state agency recover the land?
The State shall recover land for national defense and security purposes in the following cases:
+ To act as a place to station troops and work offices;
+ Construction of military bases;
+ Construction of national defense works, battlefields and special works on national defense and security;
+ Construction of military stations and ports;
+ Construction of industrial, scientific and technological, cultural and sports works directly serving national defense and security;
+ Building the treasures of the people’s armed forces;
+ Building a shooting range, a training ground, a weapon testing ground, a weapon destruction ground;
+ To build training establishments, training centers, hospitals, and convalescence houses of the people’s armed forces;
+ Construction of official houses of the people’s armed forces;
+ To build detention facilities and educational institutions managed by the Ministry of National Defense and the Ministry of Public Security.
Who has the authority to recover land for national security and defense?
Currently, there is no specific legal document governing the acquisition of defense land and all are implemented in accordance with the provisions of the Land Law and the guiding documents of the Land Law.
In principle, whoever decides to allocate land has the right to recover the land. Regarding defense land, the authority to recover is vested in the People’s Committee of the province, this is also based on the principle as well as the regulation: “The People’s Committee of the province performs the state management of land used in the province. for the purposes of national defense and security within the local administrative management area”. This authority is demonstrated in Clause 2, Article 50 of Decree 43: “For an unused or improperly used land area, the People’s Committee of the province shall notify the land-using unit to put the land on. to use it for the right purpose; After 12 months from the date of notification, if the land-using unit fails to remedy the situation to put the land to use for the right purpose, the People’s Committee of the province shall recover it and assign it to others for use.”
The agency competent to carry out the procedures for land recovery is determined as follows:
• Provincial People’s Committees decide to recover land in the following cases:
• Land recovery from organizations, religious establishments, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises.
• Recovery of agricultural land belonging to the public land fund of communes, wards and townships.
• District-level People’s Committees shall decide to recover land in the following cases:
• Land recovery for households, individuals and communities;
• Recovery of residential land from overseas Vietnamese who are entitled to own houses in Vietnam.
However, in the management process of the Provincial People’s Committee, there is coordination in the implementation of the management of the Ministry of National Defense and the Ministry of Public Security, this is also completely reasonable, especially, the planning and planning to use land for national defense and security purposes, ensuring compliance with the requirements of socio-economic development, consolidation of national defense and security; review and determine the boundaries of land used for defense and security purposes; determine the location and area of land for defense and security that no longer needs to be used or used for improper purposes in order to hand it over to the locality for management and use.
However, you should also note that, in the case that in the land recovery area, there are both subjects specified in Clauses 1 and 2, Article 66 of the 2013 Land Law, the People’s Committee of the province shall decide to recover the land or authorize the decision on land recovery. empower the People’s Committee of the district to decide on land recovery.
Land acquisition for national security and defense in Vietnam
Step 1: Develop and implement a plan for land acquisition, investigation, survey, measurement, and tally
First, the People’s Committee of the level competent to recover land issues a notice of land recovery. The notice of land recovery shall be sent to each person whose land is recovered, disseminated to people in the area where the land is recovered, and announced on the mass media and posted up at the headquarters of the commune-level People’s Committee. , the common living place of the residential area where the recovered land is located;
Commune-level People’s Committees shall coordinate with organizations in charge of compensation and ground clearance in implementing plans on land recovery, investigation, survey, measurement and tally;
Land users are responsible for coordinating with organizations in charge of compensation and ground clearance to conduct investigation, survey, measurement and determination of land area, statistics on houses and other assets attached to land. land for making plans for compensation, support and resettlement;
In case the land user in the area where the land is recovered fails to cooperate with the organization in charge of compensation and ground clearance in the investigation, survey, measurement and tally, the commune-level People’s Committee shall, The Vietnam Fatherland Front Committee at the commune level where the recovered land is located, and organize the compensation and ground clearance tasks, 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 chairperson of the district-level People’s Committee shall issue a decision on inspection. mandatory counting. The person whose land is recovered is responsible for implementing the decision on compulsory inventory. In case the person whose land is recovered fails to 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 70 of this Law.
Step 2: Prepare and appraise compensation, support and resettlement plans
Organizations in charge of compensation and ground clearance are responsible for formulating compensation, support and resettlement plans and coordinating with commune-level People’s Committees of localities where the recovered land is located in organizing consultations on such plans. compensation, support and resettlement in the form of holding direct meetings with people in the area where the land is recovered, and at the same time publicly posting plans for compensation, support and resettlement at the headquarters of the Committee. People at commune level, place of birth.
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Please see more
- Procedure of land acquisition for project implementation in Vietnam
- Rights and obligations of households, individuals using land in Vietnam
- Procedure for partial transfer of land use rights in Vietnam
Frequently asked questions
– Land recovery is one of the basic contents of state management of land along with land allocation, land tax, permission to change land use purpose, etc.
– The imperative method is the method used in all cases of land acquisition.
Land recovery is an important legal measure to demonstrate the people’s ownership of land in which the State is the representative of the owner, and is also an important content of state management of land.
Article 67 of the 2013 Land Law stipulates as follows:
Before a decision on land recovery is issued, at least 90 days for agricultural land and 180 days for non-agricultural land, the competent state agency must notify land recovery to the person whose land is recovered. know. The contents of the notice of land acquisition include the plan for land acquisition, investigation, survey, measurement and tally.
In case the land user in the land recovery area agrees to let the competent state agency recover the land before the time limit specified in Clause 1 of this Article, the competent People’s Committee shall decide to recover the land. land without having to wait until the expiration of the notice period for land acquisition.
The person whose land is recovered has the responsibility to coordinate with the agency or organization in charge of compensation and ground clearance in the course of investigation, survey, measurement, tally, formulation of compensation plan, support and resettlement.
When the land recovery decision takes effect and the compensation, support and resettlement plan approved by a competent state agency is publicly announced, the person whose land is recovered must comply with it. land acquisition decision.
Principles of coercive implementation of land recovery decisions:
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.
Conclusion: So the above is Land acquisition for national security and defense in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
