What is the order and procedures for enforcement of land expropriation in Vietnam? Who is responsible for executing decisions on enforcement of land expropriation in Vietnam?
What is the order and procedures for enforcement of land expropriation in Vietnam?
In Clause 4, Article 71 of the 2013 Land Law of Vietnam, the order and procedures for enforcement of land expropriation are as follows:
Enforcement of land expropriation decisions
…
4. The order and procedures for enforcement of land expropriation:
a/ Before executing the enforcement, the chairperson of the district-level People’s Committee shall decide to establish an enforcement board;
b/ The enforcement board shall mobilize, persuade, and conduct dialogues with, the coerced persons. If the coerced persons comply, the enforcement board shall prepare a written record to acknowledge the compliance. The land must be handed over within 30 days from the date of making the minutes.
In case the coerced person fails to comply with the decision on enforcement, the enforcement board shall execute the enforcement;
c/ The enforcement board has the power to ask coerced persons and related people to leave the coerced areas and to move their properties out of the land areas by themselves. If these people fail to comply, the enforcement board shall move the coerced persons, related people and their properties out of the areas.
In case the coerced person refuses to receive their properties, the enforcement board shall make a written record, preserve the properties in accordance with law, and notify the properties’ owners to get the properties back.
……
Thus, the order and procedures for enforcement of land expropriation shall comply with the above provisions.
What is the order and procedures for enforcement of land expropriation in Vietnam? Who is responsible for executing decisions on enforcement of land expropriation in Vietnam? (Image from the Internet)
What are the requirements for enforcement of land acquisition in Vietnam?
In Clause 2, Article 71 of the 2013 Land Law of Vietnam stipulating the requirements for enforcement of land acquisition as follows:
Enforcement of land expropriation decisions
…
2. The enforcement of a land expropriation decision is conducted when all the following requirements are met:
a/ The person whose land is to be expropriated fails to comply with the land expropriation decision after the mobilization and persuasion by the commune-level People’s Committee and Vietnam Fatherland Front in the locality and the organization in charge of compensation and ground clearance;
b/ The decision on enforcement of the land expropriation decision is posted up at the office of the commune-level People’s Committee and at common public places of the residential area of which land is expropriated;
c/ The decision on enforcement of the land expropriation decision has taken effect;
d/ The person who is to be coerced has received the effective decision on enforcement.
In case the person who is to be coerced refuses to receive the decision on enforcement or is absent when the decision on enforcement is delivered, the commune-level People’s Committee shall make a written record of delivery.
…….
Thus, in order to be able to conduct enforcement of land expropriation, it must meet all the requirements as prescribed above, the enforcement of land expropriation must be conducted in a public, democratic, objective, orderly, safe and lawful manner and done during office hours.
Responsibilities for executing decisions on enforcement of land expropriation in Vietnam?
Responsibilities of organizations and individuals in executing decisions on enforcement of land expropriation are specified in Clause 5, Article 71 of the 2013 Land Law of Vietnam, specifically as follows:
- The district-level People’s Committee shall implement the enforcement, settle complaints related to the enforcement in accordance with the law on complaints; implement the resettlement plans before executing the enforcement; ensure necessary conditions and means to serve the enforcement; and allocate funds for enforcement activities;
- The enforcement board shall assume the prime responsibility for making the enforcement plans and cost estimation for enforcement activities and submitting them to the competent People’s Committee for approval, conduct the enforcement in accordance with the approved plans and hand over the land to the organization in charge of compensation and ground clearance.
In case there remain properties on the coerced land, the enforcement board shall preserve the properties. The preservation cost shall be born by the properties’ owners;
- The police shall maintain social order and safety in the process of organizing the execution of the decision on enforcement of land expropriation;
- The commune-level People’s Committee of the locality concerned shall coordinate with related agencies in delivering and posting up the decision on enforcement of land expropriation, participate in the enforcement process and coordinate with the organization in charge of compensation and ground clearance in sealing and moving the properties of coerced people;
- Other related agencies, organizations and individuals shall coordinate with the enforcement board in executing the enforcement of land expropriation at the request of the enforcement board.
LawNet
