Land is an extremely valuable asset of every citizen. However, in some cases the state will recover the land of the people. So about the matter “Procedure of land acquisition for project implementation in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013;
What is land acquisition?
According to the provisions of Clause 11 Article 3 of the 2013 Land Law:
Land acquisition means that the State makes a decision and proceeds to recover the land use rights that have been given to a land user or the land of a land user who commits violations of the land law.
In which case land acquisition?
Pursuant to the provisions of current law, Article 16 and Articles 61 to 65 of the 2013 Land Law, land recovery will only take place in one of the following cases:
+ To recover land for use for security and defense purposes; socio-economic development, for national and public interests. For example, land acquisition for military bases, military shooting ranges or land acquisition for roads, schools, hospitals, etc.
+ Recovering land because the land user violates the land law.
+ Land recovery due to the voluntary return of land by land users or land recovery in order to relocate people from areas that pose a threat to human life or to recover land due to termination of land use according to law. .
Procedure of land acquisition for project implementation in Vietnam
Article 69 and Article 71 of the Land Law 2013 stipulates the order and procedures for land recovery for the purpose of socio-economic development, including the following steps:
Step 1: Notice of land acquisition
The People’s Committee of the level competent to recover land shall issue a notice of land recovery and shall issue 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. (commune, ward, town), common living place of the residential area where the acquired land is located.
Step 2: Investigation, survey, measurement, statistics, 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.
+ 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. with land to make plans for compensation, support and resettlement.
+ In case the land user in the area where the land is recovered does not cooperate with the organization in charge of compensation and ground clearance in the investigation, survey, measurement and tally, the People’s Committee of the commune , The Vietnam Fatherland Front Committee at the commune level where the recovered land is located, and organize the compensation and site 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 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 district-level People’s Committee chairperson shall issue a decision on enforcement of the decision on compulsory inventory and organize the enforcement.
Step 3: Collect opinions, make and evaluate compensation, support and resettlement plans
The organization in charge of compensation and ground clearance shall perform the following tasks:
• Responsible for making plans for compensation, support and resettlement.
• Coordinate with the People’s Committees of communes where the recovered land is located to organize consultations on compensation, support and resettlement plans in the form of direct meetings with people in the area where the land is recovered. , and at the same time publicly post up the plan for compensation, support and resettlement 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 organization of the consultation must be made in a record certified by the representative of the commune-level People’s Committee, the representative of the commune-level Vietnam Fatherland Front Committee, and the representatives of the people whose land is recovered.
• Responsible for summarizing written comments, clearly stating the number of opinions agreeing, number of opinions disagreeing, number of other opinions on the compensation, support and resettlement plan.
• Coordinating with the People’s Committee of the commune where the recovered land is located to hold a dialogue in case there are still disagreements about the compensation, support and resettlement plan; complete the plan and submit it to the competent authority.
After having a plan for compensation, support and resettlement, the competent agency shall appraise such plan when submitting it to the competent People’s Committee for decision on land recovery.
Step 4: Decide on land acquisition, decide on approving compensation, support and resettlement plans
Competent People’s Committees (provincial and district levels) decide on land recovery, decide on approval of compensation, support and resettlement plans on the same day.
Step 5: Submit, disseminate and publicly post the decision approving the compensation, support and resettlement plan
• Organizations in charge of compensation and site clearance shall coordinate with commune-level People’s Committees in disseminating and publicly posting decisions approving compensation, support and resettlement plans at their headquarters. 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 land for resettlement (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 6: Organize compensation, support and resettlement arrangements according to the approved compensation, support and resettlement plan
• Organize compensation, support, and resettlement arrangements according to the approved compensation, support and resettlement plan.
• In case the person whose land is recovered does not hand over the land to the organization in charge of compensation and site clearance, the commune-level People’s Committee, the commune-level Vietnam Fatherland Front Committee of the locality where the recovered land is located and organize The organization in charge of compensation and ground clearance shall mobilize and persuade the people whose land is recovered to do so.
• If the person whose land is recovered has been mobilized and persuaded but does not comply with the handover of land to the organization in charge of compensation and site clearance, the Chairman of the district-level People’s Committee shall issue a decision on enforcement. confiscate land and organize the enforcement.
Step 7: Enforce the implementation of the decision on land acquisition (if any)
Coercive implementation of the decision on land recovery shall be carried out when the following conditions are fully satisfied:
• The person whose land is recovered does not 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 land 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 land recovery decision has taken effect.
• The person subject to enforcement has received the enforcement decision to 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.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Procedure of land acquisition for project implementation in Vietnam”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Procedure of land acquisition for project implementation in Vietnam” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Can non-agricultural land be granted a red book in Vietnam?
- Dispute between land plot in Vietnam
- Can retired officials set up a business in Vietnam?
Frequently asked questions
According to Clause 1, Article 67 of the 2013 Land Law, before a decision on land recovery is issued, a competent state agency must notify land users of land acquisition for a certain period of time before the time of land recovery. can:
– No later than 90 days for agricultural land.
– No later than 180 days for non-agricultural land.
Coercive land recovery, also known as coercive implementation of land recovery decisions, is understood as measures by which competent agencies use methods and measures to force land users to hand over land, implement the decision on land recovery previously issued by the competent authority. The implementation of enforcement measures for land recovery is carried out after the state agencies have persuaded and reached an agreement with the person whose land is recovered but failed to reach agreement or cooperation. The measure of coercive land acquisition is determined to be the last measure applied by the competent authorities in the process of land acquisition.
Authority to issue notice of land recovery:
– Provincial-level People’s Committees (provinces and cities under central authority) have the authority to issue notices of land recovery in the following cases:
+ Recovery of land from organizations, religious establishments, overseas Vietnamese, foreign organizations with diplomatic functions, foreign-invested enterprises, except for cases where residential land is recovered. Overseas Vietnamese are allowed to own houses in Vietnam.
+ To recover agricultural land belonging to the public land fund of communes, wards and townships.
– The People’s Committee of a district (district, urban district, town, provincial city, city under central authority) has the authority to issue a notice of land recovery in the following cases:
+ Recovery of land from households, individuals and communities.
+ Recovering residential land of overseas Vietnamese who are entitled to own houses in Vietnam.
Conclusion: So the above is Procedure of land acquisition for project implementation in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
