In order to serve the urgency of security and defense activities, the Court of Vietnam in some cases will conduct the recovery of land use rights among the people. So according to the law, what is the basis for the State to recover defense land? So about the matter “Procedure for land acquisition for national defense in Vietnam” Let’s find out with LSX in the article below
Legal grounds
- Land Law 2013
- Civil Code 2015
- Decree 43/2014/ND-CP
What is land acquisition?
According to the provisions of Clause 11 Article 3 of the 2013 Land Law, land recovery by the State means the State’s decision to recover the land use rights of the person to whom the State grants the land use right or the land of the land user who violates the law. land law.
According to the provisions of 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; socio-economic development for national and public interests;
• 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.
What are the regulations on land acquisition for defense purposes?
According to the provisions of Article 61 of the 2013 Land Law, regulations on land recovery for national defense and security purposes are as follows:
The State shall recover land for national defense and security purposes in the following cases:
– To serve 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;
– Making shooting range, training ground, weapons testing ground, weapons destruction ground;
– To build training establishments, training centers, hospitals and convalescent homes 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.
Grounds for recovery of defense land in accordance with the land law
According to the provisions of Article 63 of the Land Law 2013, the grounds for land recovery for national defense and security purposes; socio-economic development for national and public interests: Land recovery for defense and security purposes; Socio-economic development for national and public interests must be based on the following bases:
– The project falls under the cases of land recovery specified in Article 61 and Article 62 of the 2013 Land Law.
– The annual land use plan of the district has been approved by the competent state agency;
– Progress of land use for project implementation.
Procedure for land acquisition for national defense in Vietnam
Step 1. Notice of land acquisition.
The People’s Committee competent to recover land shall issue a notice of land recovery. Notice of land recovery shall be sent to each person whose land is recovered.
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. (commune, ward, town), common living place of the residential area where the acquired land is located.
Step 2: Investigate, survey, measure, statistics, and tally.
– Commune-level People’s Committees shall coordinate with organizations in charge of compensation and ground clearance in implementing plans for land recovery, investigation, survey, measurement and tally.
Step 3. Inventory of land and assets on land
Land users are responsible for coordinating with organizations in charge of compensation; site clearance and implementation of the land recovery plan; investigate; survey; measurement; tally.
Within 10 days from the date of 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 counting and compiling the land.
Step 4. Collect opinions, make and appraise compensation, support and resettlement plans
Organizations in charge of compensation and ground clearance are responsible for formulating compensation plans upon land recovery, support and resettlement policies, and coordinating with commune-level People’s Committees of localities where the recovered land is located in organizing consultations on the compensation, support and resettlement plan at the headquarters of the commune-level People’s Committee, the common living place of the residential area where the recovered land is located.
Competent agencies shall appraise compensation, support and resettlement plans before submitting them to competent People’s Committees for decision on land recovery.
Step 5. Make a decision on land acquisition.
Provincial People’s Committee: land acquisition with religious organizations and establishments; overseas Vietnamese; foreign organizations with diplomatic functions; foreign-invested enterprises; except for cases of recovery of residential land from overseas Vietnamese who are entitled to own houses in Vietnam; recover agricultural land belonging to the public land fund of communes, wards and townships.
District People’s Committee: land recovery for households; individual; residential community; recover residential land of overseas Vietnamese who are entitled to own houses in Vietnam.
Step 6: Submit, disseminate and publicly post the compensation, support and resettlement plan.
The organization in charge of compensation and ground clearance shall coordinate with the commune-level People’s Committee in disseminating and publicly posting the decision approving the compensation, support and resettlement plan at the head office. Commune-level People’s Committees and places of common living of the residential areas where the recovered land is located.
– Send a decision on compensation, support and resettlement to each person whose land is recovered, clearly stating the level of compensation, support, arrangement of house or resettlement land (if any), time and location points for payment of compensation and support; time for allocating houses or land for resettlement (if any) and time for handing over recovered land to organizations in charge of compensation and ground clearance.
Step 7. Compensation payment organization
According to the provisions of Article 93 of the 2013 Land Law, within 30 days from the effective date of land recovery by a competent state agency, the agency or organization responsible for compensation must pay the compensation amount compensation and support to people whose land is recovered.
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Please see more
- Procedure of land acquisition for project implementation in Vietnam
- Sequence of recovering encroached land in Vietnam
- Land valuation income method in Vietnam
Frequently asked questions
According to the provisions of Article 66 of the 2013 Land Law, the authority to recover land belongs to the person with the following titles:
Provincial-level People’s Committees shall 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, except for the case specified at Point b, Clause 1 of this Article. 2 This Article;
To recover agricultural land belonging to the public land fund of communes, wards and townships.
The district-level People’s Committees shall decide to recover land in the following cases:
Land recovery from households, individuals and communities;
Recovery of residential land of overseas Vietnamese who are entitled to own houses in Vietnam.
Note: If the land recovery area has both the 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 People’s Committee to issue a decision on land recovery. the district decided to acquire the land.
Cases of land recovery due to termination of land use according to law, voluntary return of land, and risk of endangering human life include:
a) An organization that is allocated land by the State without collection of land use levy or is allocated land by the State with the collection of land use levy and whose land use levy is derived from the state budget is dissolved, bankrupt, or relocated to a new location. other, reduce or no longer need to use land; users of land leased from the State paying annual land rents are dissolved, go bankrupt, move to another place, reduce or no longer need to use land;
b) The individual using the land dies without an heir;
c) The land user voluntarily returns the land;
d) Land allocated or leased by the State for a definite term but not extended;
dd) Residential land in an area with environmental pollution that poses a threat to human life;
e) Residential land at risk of landslide, subsidence, affected by other natural disasters threatening human life.
How long before the decision on land acquisition must be informed by the competent authority is a question asked by many people. Competent agencies must notify people whose land is recovered:
No later than 90 days for agricultural land.
At least 180 days for non-agricultural land.
Conclusion: So the above is Procedure for land acquisition for national 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
