No Forced Land Reclamation During Lunar New Year, Is That Correct? What Are the Conditions for Forced Land Reclamation?
Is Enforced Land Expropriation Allowed During the Lunar New Year?
Based on Clause 2, Article 91 of Decree 43/2014/ND-CP amended by Clause 59, Article 2 of Decree 01/2017/ND-CP, the provisions are as follows:
Basis for Resolving Land Disputes in the Absence of Land Use Rights Documents; Enforced Implementation of Land Dispute Resolution Decisions, Decisions Recognizing Successful Mediation Results
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2. Principles for Enforced Implementation of Land Dispute Resolution Decisions:
a) The enforcement must be carried out openly, democratically, objectively, ensuring order, safety, and in compliance with the law;
b) The commencement time for enforcement must be during working hours;
c) No enforcement shall be conducted from 10:00 PM to 6:00 AM the next day; on weekends, public holidays as prescribed by law; within 15 days before and after the Lunar New Year; on traditional days for policy subjects if they are being enforced upon, and in other special cases that severely affect security, political stability, public order, safety, customs, and local traditions.
According to the above regulations, no enforcement is to be carried out on weekends, public holidays as prescribed by law, and within 15 days before and after the Lunar New Year.
Is it prohibited to enforce land expropriation during the Lunar New Year? What conditions must be met for enforced land expropriation?
Responsibilities of Organizations and Individuals in Implementing Decisions on Enforced Land Expropriation
Based on Clause 5, Article 71 of the Land Law 2013, the provisions are as follows:
- Responsibilities of organizations and individuals in implementing decisions on enforced land expropriation:
+ The district-level People's Committee is responsible for organizing the enforcement, resolving complaints related to the enforcement according to the law on complaints; implementing the resettlement plan before enforcing; ensuring the necessary conditions and means for enforcement; and allocating the budget for land expropriation.
+ The Enforcement Execution Committee is responsible for leading the development of the enforcement plan and estimating the budget for enforcement activities to be submitted to the competent People's Committee for approval; implementing the approved enforcement plan; handing over the land to the organization in charge of compensation and site clearance.
In cases where there are assets on the expropriated land, the Enforcement Execution Committee must safeguard the assets, and the asset owner is responsible for the safeguarding costs;
+ The Police force is responsible for maintaining order and safety during the enforcement of land expropriation decisions;
+ The commune-level People's Committee where the expropriated land is located is responsible for cooperating with relevant agencies and units in organizing, delivering, and publicly posting the enforcement expropriation decisions; participating in enforcement; cooperating with the organization in charge of compensation and site clearance in sealing and moving the assets of those subject to enforced land expropriation;
+ Other relevant agencies, organizations, and individuals are responsible for cooperating with the Enforcement Execution Committee to carry out the enforcement of land expropriation as requested by the Enforcement Execution Committee.
What Conditions Must Be Met for Enforced Land Expropriation?
According to Clause 2, Article 71 of the Land Law 2013, enforced land expropriation is carried out when the following conditions are met:
- The person with expropriated land does not comply with the land expropriation decision after the commune-level People's Committee, the commune-level Vietnam Fatherland Front Committee where the expropriated land is located, and the organization in charge of compensation and site clearance have mobilized and persuaded them;
- The enforcement decision to implement the land expropriation decision has been publicly posted at the headquarters of the commune-level People's Committee and at common places within the community where the expropriated land is located;
- The enforcement decision to implement the land expropriation decision has become effective;
- The person subject to enforcement has received the enforcement decision to implement the effective land expropriation decision.
In cases where the person subject to enforcement refuses to receive the enforcement decision or is absent when the decision is delivered, the commune-level People's Committee shall record this in a minutes.
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