What is the current decision form for land expropriation? Which agency has the authority to decide on land expropriation in Vietnam?
Vietnam: What does documents for submitting the issuance of a land expropriation notice ivnclude?
Based on Article 9 of Circular 30/2014/TT-BTNMT stipulates as follows:
“Article 9. Documents for submitting the issuance of a land expropriation notice
Documents for submitting to the competent People's Committee to issue a land expropriation notice include:
1. The proposal attached with a draft land expropriation notice to implement the project according to Form No. 07 issued with this Circular.
In case the project uses rice cultivation land, protection forest land, special-use forest land for another purpose that is neither decided by the National Assembly nor approved by the Prime Minister of the Government of Vietnam, it must have a written consent allowing the change of land use purpose from the Prime Minister of the Government of Vietnam or a Resolution of the Provincial People's Council permitting the change of land use purpose as stipulated in Clause 1, Article 58 of the Land Law, and Clause 2, Article 68 of Decree No. 43/2014/ND-CP;
2. A drawing of the location, boundary, and area of the land parcel to be expropriated for the project (already included in the annual land use plan of the district level);
3. Excerpt from the cadastral map parcel or cadastral measurement parcel for parcels within the boundaries of the land parcel to be expropriated to implement the project.”
Accordingly, the documents for submitting to the competent People's Committee to issue a land expropriation notice will include the components as stipulated above.
What is the current decision form for land expropriation? Which agency has the authority to decide on land expropriation in Vietnam?
What documents are included in the submission for the issuance of a land expropriation decision?
Based on Article 11 of Circular 30/2014/TT-BTNMT stipulates as follows:
“Article 11. Documents for submitting the issuance of a land expropriation decision, compulsory land expropriation decision
1. Documents for submitting to the competent People's Committee to issue a land expropriation decision include:
a) Land expropriation notice;
b) Draft compensation, support, resettlement plan that has been appraised and a summary of contributions from the person whose land is expropriated;
c) Land use right certificate or House ownership and homestead land use right certificate or Land use right, house ownership, and other land-attached assets certificate or documents on land use rights stipulated in Article 100 of the Land Law and Article 18 of Decree No. 43/2014/ND-CP (if any);
d) Excerpt from the cadastral map parcel or cadastral measurement parcel (already available during the preparation of documents for submitting the issuance of a land expropriation notice);
dd) The proposal attached with a draft land expropriation decision according to Form No. 10 issued with this Circular.
2. Documents for submitting to the Chairman of the District People's Committee to issue a compulsory land expropriation decision, prepared by the Department of Natural Resources and Environment, include:
a) Land expropriation decision;
b) Written request for compulsory land expropriation from the Organization responsible for compensation and site clearance;
c) Report from the Commune-level People's Committee where the land is expropriated on the process of advocating and persuading the person whose land is expropriated as per the regulations but does not comply with handing over the land to the Organization responsible for compensation and site clearance;
d) The proposal attached with a draft compulsory land expropriation decision according to Form No. 11 issued with this Circular.”
Which agency has the authority to expropriate land in Vietnam?
Based on Article 66 of the Land Law 2013 stipulates as follows:
“Article 66. Authority to expropriate land
1. Provincial People's Committee decides to expropriate land in the following cases:
a) expropriate land from organizations, religious establishments, Vietnamese residing abroad, foreign organizations with diplomatic functions, and foreign-invested enterprises, except in cases stipulated in Point b, Clause 2 of this Article;
b) expropriate agricultural land under the communal public land fund of the commune, ward, or commune-level town.
2. District People's Committee decides to expropriate land in the following cases:
a) expropriate land from households, individuals, and residential communities;
b) expropriate homestead land of Vietnamese residing abroad who are allowed to own houses in Vietnam.
3. If the land expropriation area includes both subjects stipulated in Clauses 1 and 2 of this Article, the Provincial People's Committee decides to expropriate land or authorizes the District People's Committee to decide to expropriate land.”
It is based on the land expropriation subjects to determine whether the authority to expropriate land belongs to the Provincial People's Committee or the District People's Committee as stipulated above.
What is the current decision form for land expropriation in Vietnam?
Currently, the land expropriation decision form is implemented according to Form No. 10 issued with Circular 30/2014/TT-BTNMT as follows:
Download the current land expropriation decision form: Here.
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