Vietnam: Is land recovery only be done after the plan for compensation, support, and resettlement for land users has been approved?
In what cases does the Vietnamese State decide to recover land from people?
Pursuant Article 16 of the Land Law 2013 of Vietnam stipulates:
“Article 16. The State decides on land recovery and land 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) Recovering land due to termination of land use according to law, voluntary return of land, risk of endangering human life.
2. The State shall decide to requisition land in cases where it is absolutely necessary to perform national defense and security tasks or in a state of war, emergency, natural disaster prevention, and control.”
Accordingly, the State will decide to recover land from organizations and individuals when falling into one of the cases listed under the above regulations.
Vietnam: Is land recovery only be done after the plan for compensation, support, and resettlement for land users has been approved?
Will land users receive any compensation or support when the Vietnamese State decides to recover land?
Pursuant Article 26 of the Land Law 2013 of Vietnam stipulates:
“Article 26. State guarantee for land users
1. Guarantee of the lawful rights to use land and land-attached assets of land users.
2. Grant of the certificates of land use rights and ownership of houses and other land-attached assets to land users who are eligible as prescribed by law.
3. When their land is recovered by the State for national defense or security purpose; or for socio-economic development in the national or public interest, land users are entitled to compensation, support and resettlement in accordance with law.
4. Adoption of policies in the form of vocational training, change of occupation and facilitation of job seeking for those who are directly engaged in agriculture, forestry, aquaculture or salt production and lack land for production due to land use restructuring or economic restructuring.
5. The State does not recognize the reclaim of land which has been allocated to others in accordance with the State’s regulations in the process of implementing the land policy of the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam and the State of the Socialist Republic of Vietnam.”
Accordingly, the State will make compensation, support, and resettlement upon land recovery for defense and security purposes; socio-economic development for the national and public interests of land users.
Will land be recovered only after approving the compensation, support, and resettlement plan in Vietnam?
Pursuant to subsection 2, Section IV, Resolution 18-NQ/TW in 2022 of Vietnam has the following provisions:
“IV- TASKS, SOLUTIONS
...
2. Completing institutions and policies on land management and use in sync with the institutions for developing a socialist-oriented market economy
…
2.3. Completing regulations on compensation, support, resettlement and land recovery for defense and security purposes; socio-economic development for national and public interests
The land acquisition must comply with the Constitution and laws; only be implemented after the compensation, support and resettlement plan is approved. In case of land recovery, resettlement must be arranged, the resettlement arrangement must be completed before the land is recovered. The compensation, support and resettlement must be one step ahead, ensuring publicity, transparency and harmonization of the interests of the State, the person whose land is recovered and the investor in accordance with the Constitution and the law. the law; there are specific regulations on compensation, support and resettlement so that after land is recovered, people whose land is recovered must have a place to live and ensure a life equal to or better than the old place. Effectively implement vocational training, create jobs, reorganize production, and stabilize life for people whose land is recovered. Continue to pilot and soon summarize the policy of separating compensation, support and resettlement projects from investment projects for implementation first.
More specific regulations on authority, purpose, scope of land recovery, specific conditions and criteria for land recovery by the State for socio-economic development for national and public interests. Continue to implement the self-agreement mechanism between people and businesses in the transfer of land use rights for the implementation of urban and commercial housing projects. To perfect the organization, apparatus, operation mechanism and financial mechanism of land fund development organizations, to ensure streamlined, efficient operation, and sufficient capacity to create, manage and exploit land funds, well perform the tasks of compensation, support and resettlement when the State recovers land.
Specifying the effective exploitation of the land fund adjacent to infrastructure works according to master plans plans on land use and priority policies for people whose residential land has been recovered to be allocated land or buy houses on the land. The recovered land area has been expanded according to the provisions of law. For socio-economic development projects in accordance with master plans and plans on land use, it is necessary to soon develop and perfect mechanisms and policies so that organizations, households and individuals have the right to use land. land to participate with investors to implement projects in the form of transfer, lease, capital contribution with land use rights.
Regulations on the mechanism of land use right contribution and land adjustment for development projects, urban embellishment and rural residential areas. There are specific and synchronous sanctions to handle cases in which land has been allocated or leased by the State but has not been used or is used late. Resolutely recover land from organizations, state agencies, and non-business units that use land for improper purposes, especially at locations with advantages and high profitability, and prevent loss of capital and assets. government."
Accordingly, in Resolution 18-NQ/TW in 2022, it was mentioned that land recovery must comply with the Constitution and the law, the State can only perform land recovery after approving the compensation, support, and resettlement plan for land users.
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