Hello Ms. Tien, for your questions, LawNet would like to give answers as following:
1. What is the land recovery enforcement?
Pursuant to Clause 11 Article 3 of the Law on Land 2013 of Vietnam:
The State expropriates land means the State decides to recover land use rights from a person that is granted land use rights by the State, or from a land user that violates the land law.
Accordingly, when the land user does not cooperate, the State, using state power, conducts coercive land recovery in accordance with the law.
2. In what cases does the State issue a decision on land recovery and coercive land recovery?
Pursuant to Clause 1 Article 16 of the Law on Land 2013 of Vietnam, the State shall decide to expropriate land in the following cases:
- For the purpose of national defense or security; socio-economic development for the national or public interest;
- Land expropriation due to violations of the land law;
- Land expropriation due to termination of land use in accordance with law, voluntary return of land, or the risk of threatening human life.
The land user is obliged to allocate land when there is a decision on land recovery. The enforcement of a decision on compulsory inventory may be conducted when all the following requirements are met:
a/ Land users whose land is to be expropriated do not comply with the decision on compulsory inventory after the mobilization and persuasion by the commune-level People’s Committee, Vietnam Fatherland Front and the organization in charge of compensation and ground clearance;
b/ The decision on enforcement of the compulsory inventory decision is posted up publicly 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 compulsory inventory 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.
3. Procedures of the land recovery enforcement
The land recovery enforcement is implemented as the following principals:
- The enforcement is conducted in a public, democratic, objective, orderly, safe and lawful manner;
- The times of starting the enforcement fall in working hours.
The chairperson of the district-level People’s Committee issues the decision on enforcement of the land expropriation decision, and organizes the execution of the decision.
When executing land enforcement, State agencies and individuals competent to coerce land recovery must comply with the following order and procedures:
- Before executing the enforcement, the chairperson of the district-level People’s Committee shall decide to establish an enforcement board;
- 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;
- 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.
4. Responsibilities of organizations and individuals in executing decisions on enforcement of land expropriation
Pursuant to Clause 5 Article 71 of the Law on Land 2013 of Vietnam prescribing responsibilities of organizations and individuals in executing decisions on enforcement of land expropriation as following:
- The district-level People’s Committee:
+ Implement the enforcement, settle complaints related to the enforcement in accordance with the law on complaints;
+ Implement the resettlement plans before executing the enforcement;
+ Insure necessary conditions and means to serve the enforcement;
+ Allocate funds for enforcement activities;
- The enforcement board:
+ 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;
+ 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:
+ Coordinate with related agencies in delivering and posting up the decision on enforcement of land expropriation;
+ Participate in the enforcement process;
+ 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.