Sequence of recovering encroached land in Vietnam

by Anh Việt

Land is an extremely valuable asset of every citizen. However, in some cases the State will recover the land. So about the matter “Sequence of recovering encroached land in Vietnam” Let’s find out with LSX in the article below.

Legal grounds

  • Land Law 2013
  • Decree 91/2019/ND-CP

What is land encroachment?

The act of encroaching on land is specified in Decree 91/2019/ND-CP on administrative sanctions in the land field.

Accordingly, the act of encroaching on land is an act in which the current land user moves the boundary marker or the boundary of the land plot to expand the land area without the permission of one of the two entities, which is the management agency of the State on land and the lawful users of the encroached land.

The act of occupying land is the use of land in one of the following cases under Vietnam law:

• Arbitrarily using land without the permission of the state management agency in charge of land;

• Arbitrarily using land under the lawful use right of another organization or individual without the permission of such organization or individual;

• Using land allocated or leased by the State which has expired but has not been extended by the State (except for households and individuals directly engaged in agricultural production using agricultural land);

• Using land in the field without completing the procedures for land allocation or land lease as prescribed by law.

Land encroachment is a violation of the land law, so the encroachment on land will be administratively sanctioned in accordance with the law.

What is land acquisition under Vietnam regulations?

Land recovery 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 land law (Clause 11 Article 3 of the Land Law 2013). ).

When will the State recover the land?

According to Land Law and other legal documents, 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)

Sequence of recovering encroached land in Vietnam

  • Make records on administrative violations as a basis for land recovery decisions.

Minutes of determination of violations as the basis for land recovery decisions are documents of administrative sanctions in case of violations of the law and the land must be recovered. It is established when the statute of limitations for sanctioning administrative violations expires in accordance with the law on handling of administrative violations.

After that, the Natural Resources and Environment Agency is responsible for verifying and verifying the field when necessary, and submitting it to the People’s Committee of the same level for a decision on land recovery.

  • Inform users about the acquisition of encroached land

Competent People’s Committees shall notify land recovery to land users and post them on websites of provincial and district People’s Committees.

Along with that, the People’s Committee of the competent level is responsible for directing the handling of the remaining value of the value invested in land or assets attached to land (if any) in accordance with law.

  • In case the user cooperates to return the violating land:

+ The Natural Resources and Environment Agency directs to update and correct the land database and cadastral records.

+ Organizations in charge of site clearance are responsible for managing the land fund after being recovered and cleared for state agencies to allocate, lease or bid for for different purposes.

  • In case the users do not cooperate, the competent authority shall take enforcement action to recover the land.

Note: In case the land user does not comply with the return of the Certificate, the certificate is no longer valid to the land user.

Coercive organization to recover the encroached land

– Principle of coercion:

• Coercion must be conducted openly, democratically, objectively, ensuring order, safety and in accordance with the provisions of law;

• The start time of enforcement is done during office hours.

– Before implementing coercion: The natural resources and environment agency shall coordinate with the commune-level People’s Committees and the commune-level Vietnam Fatherland Front Committees in mobilizing and persuading the landowners to recover and hand over the land;

– Carrying out coercion:

• After lobbying and persuading, but the person whose land is recovered does not comply with the decision on land recovery, the Division of Natural Resources and Environment shall submit it to the Chairman of the district-level People’s Committee to issue a decision on enforcement of the decision on land recovery. soil.

• The organization assigned to implement the enforcement is responsible for developing a coercion plan and submitting it to the People’s Committee of the level that issued the decision on enforcement for approval.

• The organization assigned to implement the enforcement is responsible for mobilizing and persuading the coerced person to voluntarily hand over the land.

The President of the People’s Committee at the level that has issued the decision on coercion is responsible for organizing the force to implement the enforcement decision for the case that has been mobilized and persuaded but the individual or organization is subject to coercion. does not accept enforcement of the coercive decision.

What are the conditions for coercive land recovery?

According to the provisions of Clause 2, Article 71 of the Land Law 2013, the enforcement 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.

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Frequently asked questions

Authority to recover land of the People’s Committee of the province?

Provincial-level People’s Committees shall decide to recover land 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.
Recovery of agricultural land belonging to the public land fund of communes, wards and townships.

Authority to recover land of district-level People’s Committee?

District-level People’s Committees shall decide to recover land in the following cases:
Recovery of land from households, individuals and communities;
Recovery of residential land of overseas Vietnamese who are entitled to own houses in Vietnam.
If 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.

What are the conditions in case the land has not been granted a certificate but want to be compensated for land when it is recovered?

In case the Certificate has not been granted or is not eligible for the Certificate, in order to receive compensation for land acquired, the following conditions must be met:
The recovered land is agricultural land that was used before July 1, 2004;
Land users are households and individuals directly engaged in agricultural production.

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