In fact, land acquisition for socio-economic development, for the common benefit, gives investors and businesses the opportunity to develop from being allocated land for project implementation. However, this land acquisition also at the same time lose the means of production of the people whose land is recovered and in some cases cannot recover the land of the people. So about the matter “The State recovers land and assigns it to businesses in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 47/2014/ND-CP
In what cases does the State recover land?
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 confiscate land from land users who violate the land law.
According to the provisions of Clause 1, Article 16 of the Land Law 2013; stipulates the cases in which the State recovers land as follows:
Article 16. The State decides on land recovery and requisition
1. The State shall decide to recover land in the following cases:
a) Recovery of land for national defense and security purposes; socio-economic development for national and public interests;
b) Land recovery due to violations of the law on land;
c) Land recovery due to termination of land use according to law, voluntary return of land, risk of endangering human life.
Accordingly, it can be seen that the cases where the State recovers land is in the national interest and public interest. The land recovery is first of all to ensure national defense and security, social order and safety. And socio-economic development; implementing planning, building infrastructure, industrial parks, new urban areas, etc. From there, creating a basis for the development of the country, improving people’s lives, and raising incomes.
In which cases shall land be recovered for socio-economic development for national and public interests?
Pursuant to the provisions of Article 62 of the 2013 Land Law on the cases of land recovery for socio-economic development for national and public interests as follows:
– To carry out projects of national importance for which investment policies are decided by the National Assembly without land recovery;
– Implement projects approved by the Prime Minister and decided to invest in which land must be recovered, including:
+ Projects on construction of industrial parks, export processing zones, high-tech zones and economic zones; new urban areas, investment projects with official development assistance (ODA);
+ Projects to build headquarters of state agencies, political organizations, socio-political organizations at the central level; headquarters of foreign organizations with diplomatic functions; works of historical – cultural relics, ranked scenic spots, parks, squares, monuments, memorials, national-level public non-business works;
+ National-level technical infrastructure construction projects, including traffic, irrigation, water supply, drainage, electricity, and communications; the system of conduction and storage of petroleum, gas; national reserve; waste collection and treatment works;
– Implementation of projects approved by the People’s Councils of provinces that require land recovery, including:
+ Projects to build headquarters of state agencies, political organizations, socio-political organizations; works of historical – cultural relics, ranked scenic spots, parks, squares, monuments, memorial stele, local-level public non-business works;
+ Projects on construction of local technical infrastructure including traffic, irrigation, water supply, drainage, electricity, communication, urban lighting; waste collection and treatment works;
+ Projects on construction of works serving the common activities of the population community; resettlement projects, housing for students, social housing, official residence; construction of works of religious establishments; cultural, sports and entertainment areas serving the public; market; cemeteries, graveyards, funeral homes, crematoriums;
+ Projects to build new urban areas and new rural residential areas; renovating urban areas, rural residential areas; industrial clusters; concentrated production and processing zones of agricultural, forestry, aquatic and marine products; projects on development of protection forests and special-use forests;
+ Mining projects licensed by competent authorities, except for mining of minerals as common building materials, peat, minerals in areas where minerals are scattered, small and small. exploiting minerals.
The State recovers land and assigns it to businesses in Vietnam
The order and procedures for land recovery are prescribed in the Land Law 2013, Decree 43/2014/ND-CP. Specifics include:
– Notice of land acquisition:
In Article 67 of the 2013 Land Law, it is stated that
“1. Before a decision on land recovery is issued, within 90 days for agricultural land and 180 days for non-agricultural land, the competent state agency must notify land recovery to the person having the collected land. The contents of the notice of land recovery include the land recovery plan, investigation, survey, measurement and tally.”
* The order and procedures for land recovery are specified in Article 69 of the 2013 Land Law as follows:
– Formulating and implementing plans for land acquisition, investigation, survey, measurement and tally are prescribed as follows:
+ The People’s Committee of the level competent to recover land 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. , the common living place of the residential area where the recovered land is located;
+ 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 chairperson of the district-level People’s Committee shall issue a decision on enforcement of the decision on compulsory inventory and organize the enforcement according to the provisions of Article 70 of this Law.
– Preparation and appraisal of compensation, support and resettlement plans are prescribed as follows:
The organization in charge of compensation and ground clearance shall make plans for compensation, support and resettlement and coordinate with the commune-level People’s Committees of the localities where the recovered land is located to collect opinions on methods of land acquisition. compensation, support and resettlement project in the form of holding direct meetings with people in the area where land is recovered, and at the same time publicly posting compensation, support and resettlement plans at the head office of the Commission. People’s Committees of communes, places of common living of the residential areas 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.
The organization in charge of compensation and ground clearance is responsible for summarizing written comments, clearly stating the number of agreeing opinions, the number of disagreeing opinions, and the number of other opinions for the method. compensation, support and resettlement projects; coordinate 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, support and resettlement plan; complete the plan and submit it to the competent authority;
+ Competent agencies shall appraise compensation, support and resettlement plans before submitting them to competent People’s Committees for decision on land recovery.
– The decision on land recovery, approval and organization of implementation of compensation, support and resettlement plans are prescribed as follows:
+ Competent People’s Committees specified in Article 66 of this Law decide on land recovery and decide on approval of compensation, support and resettlement plans on the same day;
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. Communal-level People’s Committees and common living places of the residential areas where the recovered land is located; send a decision on compensation, support.
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Frequently asked questions
The authority to recover land will belong to the following subjects:
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 the case specified at Point b. Clause 2, Article 66 of the 2013 Land Law;
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:
Recovery of land from households, individuals and communities;
Recovering residential land of overseas Vietnamese who are entitled to own houses in Vietnam.
When land users recover land by the State, if they fully satisfy the conditions for compensation specified in Article 75 of this Law, they shall be compensated.
The compensation shall be made by allocating land with the same use purpose as the recovered land. If there is no land for compensation, monetary compensation will be paid at the specific land price of the type of land recovered by the Committee. Provincial people decide at the time of land recovery decision.
Compensation when the State recovers land must ensure democracy, objectivity, fairness, publicity, timeliness and compliance with law.
Amounts supported when the State recovers land for businesses today?
The supports when the State recovers land includes:
Support to stabilize life and production;
Support for training, job change and job search for cases where agricultural land is recovered from households and individuals directly engaged in agricultural production; recover residential land in combination with business and service activities of households and individuals that have to relocate;
Support for resettlement in case of recovery of residential land of households, individuals or overseas Vietnamese who have to relocate;
Other support.
When land is recovered, the organization in charge of compensation and ground clearance is responsible for making compensation, support and resettlement plans and coordinating with the commune-level People’s Committees of the localities where the recovered land is located in organizing consultations. on compensation, support and resettlement plans in the form of direct meetings with people in the area where land is recovered.
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