07/12/2024 14:25

When is land expropriation enforced in Vietnam? What are judgments related to this issue?

When is land expropriation enforced in Vietnam? What are judgments related to this issue?

When is land expropriation enforced? Is there a judgment regarding the lawsuit against the decision on land expropriation enforcement in Vietnam?

When is land expropriation enforced in Vietnam?

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.

What are judgments related to the lawsuit against the decision on land expropriation enforcement in Vietnam?

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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