Hello lawyer. I’m Hoang from Bac Ninh. My family has a piece of land that has been used stably since 1995 and has a book. At the beginning of 2021, the district People’s Committee issued a decision to recover the land for my family on the grounds that the land was allocated to the wrong object. My family has also researched but still do not understand this issue. So about the matter “Land recovery is not the right subject under Vietnam law” Let’s find out with LSX in the article below
Legal grounds
- Land Law 2013
What is land recovery?
The concept of land recovery means that the State issues an administrative decision to recover the land use rights or recover the land that has been assigned to organizations or People’s Committees of communes, wards and townships for management according to the provisions of the Land Law. .
In what cases does the State recover land?
The State only recovers land in the following four cases:
– The State recovers land for security and defense purposes
Accordingly, the State only recovers land for national defense and security purposes as specified in Article 61 of the 2013 Land Law.
+ The State recovers land to use as a place to station troops and work offices;
+ The State recovers land for the construction of military bases;
+ The State recovers land for construction of national defense works, battlefields and special works on national defense and security;
+ The State recovers land for construction of military stations and ports;
+ The State recovers land for construction of industrial, scientific and technological, cultural and sports works in direct service of national defense and security;
+ The State recovers land to build treasures of the people’s armed forces;
+ The State recovers land for use as a shooting range, training ground, weapon testing ground, and weapons destruction ground;
+ The State recovers land for the construction of training establishments, training centers, hospitals and convalescence houses of the people’s armed forces;
+ The State recovers land to build official-duty houses of the people’s armed forces;
+ The State recovers land for construction of detention facilities and educational institutions under the management of the Ministry of National Defense and the Ministry of Public Security.
– The State recovers land for socio-economic development for national and public interests
Cases of land expropriation for socio-economic development for national and public interests are specified in Article 62 of the Land Law specifically as follows:
+ The State recovers land for the implementation of projects of national importance for which investment policies are decided by the National Assembly, but the land must be recovered;
+ The State recovers land for the implementation of projects approved or decided by the Prime Minister, where the land must be recovered.
+ The State recovers land for the implementation of projects approved by the People’s Councils of provinces, but the land must be recovered.
– The State recovers land due to violation of the law on land
The State recovers land due to violations of the land law only in the cases specified in Article 64 of the 2013 Land Law.
+ Land users do not use land for the right purposes as prescribed;
+ The land user intentionally destroys the land;
+ The user of land allocated or leased by wrong authority and subject;
+ The user transfers or donates in contravention of the law;
+ Land is encroached upon;
+ The user fails to fulfill financial obligations and has been administratively sanctioned;
+ The user does not use the land continuously for a period of time as prescribed in Clause 1, Article 64 of the 2013 Land Law;
Land recovery is not the right subject under Vietnam law
Which agency has the authority to recover land granted to the wrong object?
Currently, according to the provisions of Article 66 of the 2013 Land Law, there are two agencies competent to recover land, namely the People’s Committee of the province and the People’s Committee of the district. Each level has decision-making authority for different specific cases.
“Article 66. Authority to recover land
1. Provincial-level People’s Committees shall decide to recover land in the following cases:
a) Recover land from organizations, religious establishments, overseas Vietnamese, foreign organizations with diplomatic functions, foreign-invested enterprises, except for the case specified at Point a. b Clause 2 of this Article;
b) To recover agricultural land belonging to the public land fund of communes, wards and townships.
2. District-level People’s Committees decide on land recovery in the following areas:
a) Recovery of land from households, individuals and communities;
b) Recover residential land from overseas Vietnamese who are entitled to own houses in Vietnam.
3. In case there are both subjects specified in Clauses 1 and 2 of this Article in the land recovery area, the provincial-level People’s Committees shall decide on land recovery or authorize the district-level People’s Committees to decide on land recovery. soil”
Procedures when the State recovers land
The Land Law stipulates that each case of land recovery has a different procedure, but in general there are the following basic steps:
Step 1. The State announces land recovery
The People’s Committee that has the authority to recover the land is responsible for notifying the land recovery.
Step 2. The State issues a decision on land recovery
A decision on land acquisition by a competent State agency is considered an administrative decision.
Step 3. The State takes inventory of land and assets on land
This work is coordinated and organized between the land user and the agency responsible for the inventory of land and assets on land.
Step 4. The State collects opinions, prepares and appraises compensation, support and resettlement plans
The State shall, through face-to-face meetings with land users whose land is recovered, to hear opinions on compensation, support and resettlement plans. Based on the actual situation and needs of the people whose land is recovered, the agency is responsible for formulating compensation, support and resettlement plans suitable to people’s interests.
Step 5. The State issues a decision to approve and publicly post up the compensation, support and resettlement plan
The State shall issue decisions on compensation, support and resettlement for land users whose land is recovered. This is an important decision to ensure the rights, and to compensate mentally and physically of the land users whose land is acquired.
Step 6. The State conducts compensation payment
Competent State agencies are responsible for compensation, compensation, support and resettlement for land users whose land is recovered.
The order and procedures when the State recovers land and the time limit for land recovery varies depending on each case.
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Frequently asked questions
Pursuant to the provisions of Point c, Clause 1, Article 64, in case the land is allocated or leased without authority, the land will be recovered due to violations of the land law.
In case the original land is allocated improperly and has not yet been granted a land use right certificate, but there are papers proving that the payment has been made in order to use the land for the allocated land area according to the prescribed collection rate. According to the 1993 land law, compensation for land for the allocated area and type of land.
In the case that the land allocated without authority has been used stably from October 15, 1993 to before July 1, 2014, without dispute, in accordance with the planning, a Certificate will be granted. land use rights.
The State shall recover land in the following cases:
Land recovery for defense and security purposes
Acquisition of land for socio-economic development, 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.
(Articles 61, 62, 64, 65 of the 2013 Land Law)
Pursuant to Article 67 of the 2013 Land Law stipulating the implementation of land recovery decisions for people whose land is recovered. This is guided by Article 17 of Decree 43/2014/ND-CP you can refer to.
Accordingly, before a decision on land recovery is issued, the unit must notify the land recovery to the person whose land is recovered. The contents of the notice of land acquisition include the plan for land acquisition, investigation, survey, measurement and tally. By the time of recovery in the notice of the unit issuing the land recovery decision, the person whose land is recovered must comply with the decision on land recovery.
Conclusion: So the above is Land recovery is not the right subject under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
