Land for rice cultivation is very common in rural areas in Vietnam. However, in some cases such as accelerating urbanization, this land will be acquired. So about the matter “Regulations on rice land acquisition in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is land acquisition?
Land acquisition is an action taken by the state to take back the land use rights of people, households, organizations and individuals who have been granted use rights by the state. According to Article 3 of the 2013 Land Law, the expropriation is carried out when the locality and the state plan to build projects such as schools, hospitals, military barracks, etc.
In addition, when the land user shows signs of violating the law on residential land, the State will also recover the land fund according to regulations. The land acquisition must be agreed with the people and should be notified in advance.
Regulations on rice land acquisition in Vietnam
Pursuant to Article 66 of the 2013 Land Law, the authority to recover rice land is as follows:
– Provincial-level People’s Committees are competent to issue decisions on land recovery in the following cases:
+ In case the land recovery is for foreign organizations and organizations with diplomatic functions, overseas Vietnamese, religious establishments, and foreign-invested enterprises, except for the following cases: specified at Point b, Clause 2 of this Article;
+ In case the recovery of agricultural land belongs to the public land fund of communes, wards or townships.
– District-level People’s Committees are competent to issue decisions on land recovery in the following cases:
+ In case the land recovery is carried out to households, individuals and residential communities;
+ In case of land recovery for overseas Vietnamese who are entitled to own houses in Vietnam.
Thus, according to the law, the authority to make decisions on land recovery is only the People’s Committee of the province and the People’s Committee of the district, so in your case, the People’s Committee of the district is the authority to recover the land. growing rice. However, the decision on land acquisition is correct or not depends on whether your land is subject to land acquisition according to the provisions of the law or not.
Pursuant to Section 1, Chapter IV of the 2013 Land Law, specific provisions on cases of land recovery and requisition are as follows:
– Acquisition of land for the purpose of National Defense and Security;
– To recover land for socio-economic development for national and public interests;
– Recovering land because current land users commit acts of violating the land law;
– Land recovery due to grounds for termination of land use in accordance with the law, or land users voluntarily return the land, at risk of endangering human life.
When does the State recover and compensate for land?
Land users are entitled to exercise their rights; its obligations during the land use term; be protected by the State when others infringe upon their rights; legitimate interest in their land.
The State’s decision on land recovery from land users must fall into one of the cases specified in Clause 1, Article 16 of the 2013 Land Law; As follows:
• Land recovery for defense and security purposes; socio-economic development for national and public interests;
• Land recovery due to violation of land law;
• Land recovery due to termination of land use according to law; voluntarily return the land, at risk of endangering human life.
After the land is recovered, the State will make compensation such as compensation for land and houses; or compensate for the remaining investment costs in the land and provide support to land users whose land is acquired such as resettlement assistance; production support;…
Procedures for land acquisition for rice cultivation
Step 1: Notice of land acquisition
Before there is a decision on land acquisition; within 90 days (for agricultural land) and 180 days (for non-agricultural land) competent State agencies; must notify land recovery to the person whose land is recovered (plan for acquisition, investigation, survey, measurement, and tally).
Notice of land recovery must be sent to each person whose land is recovered; reporting on the mass media; posted up at the headquarters of the commune-level People’s Committee; common place of living of the residential area where the land is recovered.
If, after issuing a notice of expropriation according to the correct procedures, the person whose land is recovered agrees; competent People’s Committees will issue decisions on land recovery and implement policies on compensation, support and resettlement.
Step 2: Inventory of land and assets on land
Commune-level People’s Committees shall coordinate with organizations in charge of compensation; site clearance and land users whose land is recovered implement the land recovery plan; housing investigation, survey, measurement, tally and statistics; other properties attached to land to make compensation plans; support and resettlement.
In case the land users do not cooperate, the commune-level People’s Committees; The Vietnam Fatherland Front Committee at the commune level where the land is recovered and the organization in charge of compensation conduct advocacy; persuading land users to do so.
Within 10 days from the date of being mobilized; convincing that the land user still does not cooperate with the organization in charge of compensation; For ground clearance, the district-level People’s Committee Chairman shall issue a decision on compulsory inventory.
In case the person whose land is recovered does not comply; then the President of the district-level People’s Committee shall issue a decision on enforcement of the tally and organize the enforcement of the tally. The enforcement must be in accordance with the order; procedures prescribed by law.
Step 3: Make a plan for compensation, support and resettlement
Organize compensation tasks; site clearance is responsible for making compensation and support plans; resettlement for each organization, individual or household whose land is recovered; on the basis of aggregating inventory data, processing relevant information of each case; apply the price to calculate the compensation value for land; Property on land.
The next job is to collect people’s opinions and finalize the compensation, support and resettlement plan. As follows:
Organize compensation tasks; site clearance to coordinate with the commune-level People’s Committee where the recovered land is located in organizing consultations; hold meetings directly with people in areas where land is recovered; at the same time, publicly post up the compensation, support and resettlement plan at the headquarters of the commune-level People’s Committee; common living places of the residential area where the recovered land is located.
The collection of opinions must be recorded in writing certified by the representative of the commune-level People’s Committee; representatives of the Vietnam Fatherland Front Committee at commune level, representatives of people whose land is recovered.
Organize compensation tasks; ground clearance summarizing written comments; specify the number of agreeing opinions; disagree; another idea. Coordinating with the commune-level People’s Committee of the locality where the recovered land is located to hold a dialogue in case there are still disagreements about the compensation plan; support and resettlement; complete the plan and submit it to the competent authority.
On the basis of opinions of subjects whose land is recovered; representatives of local authorities, mass organizations, compensation organizations; complete the detailed compensation, support and resettlement plan and submit it to specialized agencies for appraisal and approval by competent authorities.
Step 4: Approve the detailed plan and organize the implementation
Provincial or district-level People’s Committees shall decide to approve compensation and support plans; Resettlement on the same day as the decision to withdraw.
Organize compensation tasks; responsible clearance:
• Coordinate with the Commune People’s Committee to disseminate and publicly post the decision approving the compensation plan; support and resettlement at the headquarters of the commune-level People’s Committee and the common living quarters of the residential areas where the recovered land is located;
• Send compensation and support decisions; resettlement to each person whose land is recovered; which clearly states the level of compensation, support, arrangement of houses or resettlement land (if any); time and place of payment of compensation and support; time to arrange house or land for resettlement (if any) and time to hand over the recovered land to the organization in charge of compensation; Clearance.
Step 5: Organize compensation payment
According to the provisions of Article 93 of the Land Law 2013; within 30 days from the effective date of the decision on land recovery of a competent state agency; agencies and organizations responsible for compensation must pay compensation; support for people whose land is recovered.
• Agency cases; the organization responsible for paying compensation for late payment, when paying the compensation; support for people whose land is recovered, in addition to compensation; support according to the compensation, support and resettlement plan approved by the competent authority; the person whose land is recovered shall also be paid an additional amount equal to the late payment interest according to the provisions of the Law on Tax Administration calculated on the amount of late payment and the period of delay.
Step 6: Handing over the ground, coercive land acquisition
After receiving compensation, support and resettlement; the person whose land is recovered must hand over the clean ground to the investor.
In case the person whose land is recovered does not hand over the ground; forced to acquire the land. Coercion must be carried out in accordance with the order prescribed by law.
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Please see more
- Procedure of land acquisition for project implementation in Vietnam
- Management of land at commune level in Vietnam
- Land valuation income method in Vietnam
Frequently asked questions
The amount of compensation that people receive is always the most important thing, especially the level of agricultural land recovery plan. So, will people be able to agree on the compensation price when it is revoked or not?
In fact, the compensation for the confiscated land is much lower than the market price. Usually there will be two cases to decide whether people can agree on the price or not.
The State shall confiscate the land according to the law when the land is included in the projects for the purposes of national defense, security and economic development and is included in the plan of the district and the province that has been made and approved by the government. approve. The projects are on the available roadmap and should be widely announced.
In the case of land confiscation for the purpose of building security and defense works to serve as workplaces of the police, army and army, people must comply. In addition, in Article 61 of the Land Law, the land in the plan to be built as a military base, built into a shooting range, training ground or testing ground will be confiscated according to regulations.
In the case of using residential land for socio-economic development or serving the common interests of the nation, such as construction of urban areas, industrial parks, office buildings, traffic works, waterways, etc. If all benefits are specified in Article 62 of the Land Law, the state can also completely confiscate the land. In addition, the National Assembly or the Prime Minister also needs to approve and agree to approve, then the local government is allowed to notify the people.
The most common illegal land use behavior is often using land for improper purposes. The State will carry out the withdrawal when it has discovered the previous violation and administrative fine but still recurs. People who are allocated land to use for a purpose but intentionally have motives that are completely contrary to the original purpose will be determined to have improper use behavior. according to Article 64 of the 2013 Land Law, Article 15, Article 66, 100 Decree 43/2014/ND-CP.
Intentional acts of destroying the land while it is in use can be confiscated. Actions such as digging, shoveling, scooping, leveling cause the land to deform and reduce its usability, proving that this subject has no need to use the land anymore, so the state confiscation is complete. completely reasonable. In addition, when intentionally destroying land, it can affect the environment and pollute land resources, so the state will confiscate it and give it back to those who really need it.
Acts of intentionally transferring land use rights as a gift to another entity even though they know that the law has not yet allowed them to be confiscated according to the provisions of Article 191 of the Land Law.
When you act irresponsibly and let your residential land be encroached on, it will be confiscated. The State allocates land for individuals, families and organizations to manage and use, however, if the original land area is not protected and preserved, it will affect the local land management process immediately confiscated.
Do people get an agreement on compensation for land acquisition?
The amount of compensation that people receive is always the most important thing, especially the level of agricultural land recovery plan. So, will people be able to agree on the compensation price when it is revoked or not?
In fact, the compensation for the confiscated land is much lower than the market price. Usually there will be two cases to decide whether people can agree on the price or not.
Conclusion: So the above is Regulations on rice land acquisition in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
