According to Clause 2, Article 89 of the Land Law of Vietnam 2024, enforcement of land expropriation is carried out when the following conditions are met:
(1) The person whose land is being reclaimed, the owner of the assets attached to the land, and individuals with related rights and obligations do not comply with the mandatory inventory decision after the People's Committee at the commune level, the Vietnam Fatherland Front Committee at the commune level where the land is reclaimed, and the unit or organization carrying out the compensation, support, and resettlement tasks have made advocacy and persuasion efforts;
(2) The decision on enforcement of land expropriation has been publicly posted at the office of the commune-level People's Committee, at the common meeting place of the residential area where the land is reclaimed, and has been announced on the commune-level radio system;
(3) The decision on enforcement of land expropriation is legally effective;
(4) The person subject to enforcement has received the enforcement decision to implement the legally effective land expropriation decision.
In cases where the person subject to enforcement refuses to receive the enforcement decision or is absent when the enforcement decision is delivered, the commune-level People's Committee shall make an official record.
Thus, land expropriation enforcement is only conducted when all the above four conditions are concurrently met.
Below is a list of judgments on appeals against land expropriation enforcement decisions adjudicated by courts in Vietnam:
No. | Name of Judgment | Date Issued | Adjudicating Agency |
---|---|---|---|
1 | Judgment 335/2024/HC-PT on appeals against administrative decisions regarding compensation, support in land expropriation cases | April 23, 2024 | People's Court of Ho Chi Minh City |
2 | Judgment 150/2024/HC-PT on appeals against administrative decisions in the field of land | March 8, 2024 | People's Court of Ho Chi Minh City |
3 | Judgment 140/2024/HC-PT on appeals against administrative decisions in land management | March 7, 2024 | People's Court of Ho Chi Minh City |
4 | Judgment 123/2024/HC-PT on appeals against administrative decisions | March 6, 2024 | People's Court of Hanoi |
5 | Judgment 65/2024/HC-PT on appeals against administrative decisions in the fields of land expropriation, compensation, support, and resettlement | February 27, 2024 | People's Court of Da Nang |
6 | Judgment 80/2024/HC-PT on appeals against administrative decisions in land management | February 26, 2024 | People's Court of Hanoi |
7 | Judgment 81/2024/HC-PT on appeals against administrative decisions in land management | January 9, 2024 | People's Court of Ho Chi Minh City |
8 | Judgment 19/2024/HC-PT on appeals against administrative decisions in land management | January 23, 2024 | People's Court of Da Nang |
9 | Judgment 18/2024/HC-PT on appeals against administrative acts in land management | January 23, 2024 | People's Court of Da Nang |
10 | Judgment 20/2024/HC-PT on appeals against administrative decisions in land management | January 23, 2024 | People's Court of Da Nang |
11 | Judgment 45/2024/HC-PT on appeals against administrative decisions in land management | January 22, 2024 | People's Court of Hanoi |
12 | Judgment 58/2024/HC-PT on appeals against administrative decisions in the field of land | January 22, 2024 | People's Court of Ho Chi Minh City |
13 | Judgment 21/2024/HC-PT on appeals against administrative decisions | January 8, 2024 | People's Court of Hanoi |
14 | Judgment 19/2024/HC-PT on requests to annul land expropriation decisions, enforcement decisions, and complaint resolution decisions | January 8, 2024 | People's Court of Hanoi |
15 | Judgment 917/2023/HC-PT on appeals against administrative decisions in land management | December 29, 2023 | People's Court of Hanoi |
16 | Judgment 90/2023/HC-ST on appeals against administrative decisions | December 25, 2023 | People's Court of Hai Phong City |
17 | Judgment 1041/2023/HC-PT on appeals against administrative decisions in land management | December 11, 2023 | People's Court of Ho Chi Minh City |
18 | Judgment 885/2023/HC-PT on appeals against administrative decisions and administrative actions in land management | December 7, 2023 | People's Court of Hanoi |
19 | Judgment 887/2023/HC-PT on appeals against administrative decisions | December 7, 2023 | People's Court of Hanoi |
20 | Judgment 856/2023/HC-PT on appeals against administrative decisions in land management | November 29, 2023 | People's Court of Hanoi |
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