Vietnam: What is the current clearance process? How is clearance compensation regulated?
What is clearance? Under what circumstances is clearance carried out in Vietnam?
Currently, the concept of land clearance has not been specifically defined in legal documents. However, it can be understood that site clearance is the relocation of houses, construction works and residential buildings by competent agencies and organizations,... in a certain part of land for the purpose of planning, renovating and constructing new works according to the State's decision.
Based on the 2013 Land Law of Vietnam, site clearance shall be carried out upon a decision on land acquisition in the following cases:
- Land acquisition for national defense and security purposes (Article 61 of the 2013 Land Law of Vietnam);
- Land acquisition for socio-economic development in the national and public interest (Article 62 of the 2013 Land Law of Vietnam);
- Land acquisition due to termination of land use in accordance with law, risking human life (Article 65 of the 2013 Land Law of Vietnam).
Vietnam: What is the current clearance process? How is clearance compensation regulated?
Which agency has the authority to recover land for land clearance in Vietnam?
The competent agencies for land acquisition are specified in Article 66 of the 2013 Land Law of Vietnam as follows:
Article 66. Competence to recover land
1. Provincial-level People’s Committee may decide on land expropriation in the following cases:
a/ Recovery of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case prescribed at Point b, Clause 2 of this Article;
b/ Recovery of agricultural land which is part of the public land funds of communes, wards or townships.
2. District-level People’s Committees may decide on land expropriation in the following cases:
a/ Recovery of land from households, individuals and communities;
b/ Recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam.
3. In case both subjects prescribed in Clauses 1 and 2 of this Article exist in one expropriated area, the provincial-level People’s Committee shall decide on the land expropriation or authorize district-level People’s Committees to decide on the land expropriation.
According to the above provisions, the authority to recover land for site clearance is determined:
- Provincial People's Committee: In case of recovery of agricultural land belonging to the public land fund of communes, wards and towns, for organizations, religious establishments, overseas Vietnamese stable families, foreign organizations with diplomatic features, foreign-invested enterprises.
- District-level People's Committee: In case of land acquisition for households, individuals, communities, land of Vietnamese people who are stabilizing families abroad.
What is the current clearance process in Vietnam?
Pursuant to the provisions of Article 66 of the 2013 Land Law of Vietnam, Article 67 of the 2013 Land Law of Vietnam, Article 68 of the 2013 Land Law of Vietnam, Article 69 of the 2013 Land Law of Vietnam, Article 70 of the 2013 Land Law of Vietnam, Article 93 of the 2013 Land Law of Vietnam.
The clearance process is carried out according to the following steps:
Step | Content |
Step 1: Notice of land acquisition | - Before making a decision on land acquisition (no later than 90 days for agricultural land and 180 days for non-agricultural land) the competent authority must notify the land acquisition. - The notice of land acquisition shall be sent to each person whose land is recovered, disseminated to the people in the area where the land is recovered and notified on the mass media, posted at the headquarters of the Commune People's Committee, the common living place of the residential area where the recovered land is located; |
Step 2: Land acquisition | The People's Committee has the authority to decide on land acquisition. - In case the person whose land is recovered does not hand over the land, the Commune People's Committee and the Vietnam Fatherland Front Committee of the commune where the recovered land is located shall organize advocacy and persuasion for the person whose land is recovered to perform. - In case the person whose land is recovered still does not comply with the land handover, the chairman of the district-level People's Committee shall issue a decision on forced land acquisition and organize the enforcement. |
Step 3: Statistics of property on land | The Commune People's Committee shall coordinate with the organization in charge of compensation and site clearance in implementing the land acquisition plan, surveying, surveying, measuring and counting; - In case land users in areas where land is recovered do not coordinate, the Commune People's Committee and the Vietnam Fatherland Front Committee of the commune where the recovered land is located shall organize advocacy and persuasion. - Within 10 days from the date of mobilization and persuasion, but the land user still does not coordinate, the chairman of the district People's Committee shall issue a mandatory tallying decision. In case the person whose land is recovered does not comply, the Chairman of the district-level People's Committee shall issue a decision on enforcement to implement the decision on compulsory counting and organize the enforcement. |
Step 4: Make a compensation plan | Organizations in charge of compensation and site clearance are responsible for drawing up compensation, support and resettlement plans and coordinating with the People's Committee of the commune where the recovered land is located. |
Step 5: Collect people's opinions | - Organizing compensation and site clearance to collect opinions on compensation, support and resettlement plans in the form of holding direct meetings with people in areas where land is recovered. - The organization of collecting opinions must be made in minutes certified by representatives of the commune-level People's Committee, representatives of the commune-level Vietnam Fatherland Front Committee, and representatives of people whose land is recovered. |
Step 6: Complete the compensation dossier and approve the compensation plan | Organize the task of compensation and site clearance to complete the plan and submit it to the competent authority after collecting people's opinions; |
Step 7: Make payments and compensation | - Within 30 days from the effective date of the land acquisition decision, the agency or organization responsible for compensation must pay compensation and support to the person whose land is recovered. - In case the person whose land is recovered does not receive compensation and support, the compensation and support shall be deposited into the custody account of the State Treasury. |
Step 8: Hand over the location to the investor | The recovered land is assigned to the investor for the implementation of the investment project or assigned to the public service organization on land for management. |
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