Vietnam: Is it possible to build works on requisitioned land? What are the current procedures for land requisition?
What are the conditions for land requisition in Vietnam?
Pursuant to Article 5 of the Law on compulsory purchase and requisition of property 2008 as follows:
Conditions for compulsory purchase and requisition of property
The compulsory purchase and requisition of property shall only be carried out when the State wishes to use property that other mobilization measures cannot be taken in one of the following cases:
1. When the country is in the state of war or in national defense emergency in accordance with the law on national defense and the law on state of emergency;
2. When national security is at risk of being threatened in accordance with the law on national security;
3. When important objectives of national security are at risk of being violated or must be strengthened in accordance with the law on national defense and the law on national security;
4. When dealing with risks or overcoming disasters caused by natural disasters or epidemics on a large scale or if not prevented on time, they will cause serious consequences to the lives, health and property of the people and property of the State.
Accordingly, in the above cases, the property may be requisitioned by the State.
Specifically, according to Clause 1, Article 72 of the 2013 Land Law on land requisition as follows:
Land requisition
1. The State may requisition land in case of extreme necessity to perform the tasks of national defense or security, or in a state of war or emergency, or of prevention and combat of natural disasters.
Accordingly, in order to perform national defense and security tasks or in a state of war or emergency, or of management of natural disasters, the State may issue decisions on land requisition.
Is it possible to build works on requisitioned land in Vietnam?
Pursuant to Clause 6, Article 72 of the 2013 Land Law as follows:
Land requisition
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6. The person who has the competence to decide on land requisition shall allocate the requisitioned land to organizations and individuals for efficient and proper management and use; return the land when the requisition duration expires; and make compensation for the damage caused by the land requisition.
Accordingly, when requisitioning land, the competent entities shall allocate the requisitioned land to organizations and individuals for management.
These entities are responsible for managing and using requisitioned land for proper assigned purposes.
Accordingly, if the building of works is in the plan, the land use purpose has been assigned by the competent authority, this construction is legal.
On the contrary, arbitrarily building works on requisitioned land shall be considered as using the land for the improper purpose and are prohibited by law.
What are the current procedures for land requisition in Vietnam?
Pursuant to Article 67 of Decree 43/2014/ND-CP, the current procedures for land requisition in Vietnam are as follows:
- A decision on or written certification of land requisition must have the following major contents:
+ Full name, position and working place of the person deciding on land requisition;
+ Name and address and the person subject to land requisition or the person currently managing and using land to be requisitioned;
+ Name and address of the organization or person to be allocated the requisitioned land;
+ Purpose and term of land requisition;
+ Position, area, type of land and assets attached to land to be requisitioned;
+ Time for handover of requisitioned land.
- The return of requisitioned land to land users after the land requisition term must comply with the following provisions:
+ The person competent to decide on land requisition shall issue a decision on return of requisitioned land and send it to the person having the requisitioned land;
+ If the person having the requisitioned land voluntarily donates land to the State, procedures for donation of land use rights shall be carried out in accordance with law.
- Responsibilities for determination of level of compensation for damage caused by land requisition are prescribed as follows:
+ The chairperson of the district-level People’s Committee of the locality where the requisitioned land is located shall determine the level of compensation for damage caused by land requisition, except the case prescribed at Point b of this Clause;
+ The chairperson of the provincial-level People’s Committee of the locality where the requisitioned land is located shall determine the level of compensation for damage caused by land requisition in case the requisitioned land is within the administrative boundaries of different district-level administrative units.
- A council for determination of level of compensation for damage caused by land requisition shall be composed of:
+ The chairperson or a vice chairperson of the People’s Committee as its head;
+ Members from the natural resources and environment and finance agencies and other related members;
+ Representative of the agency of the person competent to issue the land requisition decision;
+ Representatives of the district-level People’s Court and People’s Procuracy of the locality where the land is located;
+ Members being representatives of the commune-level Vietnam Fatherland Front;
+ Representative of the person having the requisitioned land.
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