Proposing to supplement the order and procedures for land recovery in Vietnam in case the operation of an investment project is terminated in accordance with the law on investment?
- What is the order and procedures for land recovery in Vietnam due to termination of land use according to law, voluntary return of land?
- How are the order and procedures for land acquisition at risk of human life regulated?
- Proposing to supplement the order and procedures for land recovery in Vietnam in case the operation of an investment project is terminated in accordance with the law on investment?
What is the order and procedures for land recovery in Vietnam due to termination of land use according to law, voluntary return of land?
According to Clause 1, Article 65 of Decree 43/2014/ND-CP stipulating:
"Article 65. Order and procedures for land recovery in Vietnam due to termination of land use according to law, voluntary return of land, or risk of endangering human life
1. The order and procedures for land recovery due to legal termination of land use or voluntary return of land are prescribed as follows:
a) Land user is an organization that is allocated land by the State without land use levy, is allocated land by the State with collection of land use levy but the paid land use levy originates from the state budget or leases it; the land with annual land rental payment has been moved to another place, reducing or no longer having demand for land use; If the land user voluntarily returns the land, he/she shall send a notice or document on land return and the certificate of land use rights and ownership of houses and other land-attached assets to the natural resources and environment agency. ;
b) The agency that has issued the decision on dissolution or bankruptcy shall send the decision on dissolution or bankruptcy to the Department of Natural Resources and Environment of the locality where the recovered land is located, in the case of land recovery from an organization that is allocated land without collection by the State. land use levy, land allocated by the State with collection of land use levy but paid land use levy is derived from the state budget or leased land with annual rental payment is dissolved or bankrupt;
c) The commune-level People's Committee of the place where the individual land user permanently resides and dies without an heir is responsible for sending a death certificate or a decision declaring a person dead in accordance with law and legal documents. a written certification of no heirs from the People's Committee of the commune to the Division of Natural Resources and Environment where the recovered land is located, for the case of land recovery of the land user who dies without an heir;
d) Annually, the natural resources and environment agency shall review and issue a notice of the cases in which the land use term cannot be extended in the case of land use with a definite term;
dd) The natural resources and environment agency is responsible for verifying and verifying the field in case it deems it necessary; submit to the People's Committee of the same level a decision on land recovery; organize the recovery of land on the field and hand it over to the land fund development organization or the commune-level People's Committee for management; direct the update and correction of the land database and cadastral records, revoke the Certificate or notify the cancellation of the Certificate in case the Certificate cannot be revoked."
Proposing to supplement the order and procedures for land recovery in Vietnam in case the operation of an investment project is terminated in accordance with the law on investment? (Picture from internnet)
How are the order and procedures for land acquisition at risk of human life regulated?
According to Clauses 2 and 3, Article 65 of Decree 43/2014/ND-CP stipulates:
- Order and procedures for recovery of residential land in polluted areas that pose a threat to human life; Residential land at risk of landslide, subsidence, affected by other natural disasters threatening human life is regulated as follows:
+ The People's Committees of provinces and districts shall assign competent agencies to inspect and determine the level of environmental pollution, landslides, subsidence, and other natural disasters that threaten human life. ;
+ After receiving a document from a competent agency to determine the level of environmental pollution, landslide, subsidence, affected by other natural disasters threatening human life and need to recover the land, the The natural resources and environment agency shall have to perform the tasks specified at Point dd, Clause 1 of this Article;
+ Competent agencies shall arrange temporary accommodation and resettle the persons subject to forced relocation in the case of land recovery in Vietnam specified at Points dd and e, Clause 1, Article 65 of the Land Law. band.
- Organize the coercive land recovery due to the termination of land use according to the law, which threatens human life:
+ The coercion must comply with the principles of enforcement specified in Clause 1, Article 70 of the Land Law;
+ After a decision on land recovery is issued, the natural resources and environment agency shall coordinate with the commune-level People's Committee and the commune-level Vietnam Fatherland Front Committee in mobilizing and persuading the land owners to collect the land. return of land handover;
+ After lobbying and persuading, if the person whose land is recovered does not comply with the decision on land recovery, the natural resources and environment agency shall request the People's Committee of the level that issued the decision on land recovery to issue a decision on enforcement. implement the decision on land recovery;
+ The organization assigned to perform coercion shall develop a coercion plan and submit it to the People's Committee of the level that has issued the decision on coercion for approval;
+ The organization assigned to perform coercion shall have to mobilize and persuade the coerced person to voluntarily perform the land handover;
+ The People's Committee of the level that has issued the decision on coercion shall organize the force to implement the enforcement decision for the case that has been mobilized and persuaded according to the provisions of Point dd of this Clause. individuals and organizations subject to coercion do not accept the enforcement of the decision on enforcement.
- The Natural Resources and Environment Agency shall direct the update and correction of the land database and cadastral records; revoke the Certificate or notify the certificate is no longer valid in case the land user does not comply with the return of the Certificate.
- In case the person whose land is recovered has a complaint about the land recovery decision, the complaint settlement shall comply with the provisions of law on settlement of complaints.
Proposing to supplement the order and procedures for land recovery in Vietnam in case the operation of an investment project is terminated in accordance with the law on investment?
According to the provisions of Clause 8 Article 1 of the Draft Decree amending and supplementing a number of Decrees detailing the implementation of the Law on Land supplemented with Article 65a as follows:
“Article 65a. Order and procedures for land recovery in case of termination of operation of an investment project in accordance with the law on investment
1. The investment registration agency or investor shall send a written termination of investment activities using land in accordance with the law on investment to the natural resources and environment agency of the locality where the land is located.
2. After receiving the document on termination of investment activities, the natural resources and environment agency is responsible for inspecting and determining the investment projects that have been terminated for which the land must be recovered.
3. The organization of implementation of the decision on land recovery shall comply with the provisions of Article 15b and Clauses 3 and 4, Article 66 of this Decree.”.
Thus, according to this Draft, in the near future, the order and procedures for land recovery in Vietnam will be supplemented in case the operation of an investment project is terminated in accordance with the law on investment.
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