Is it possible to object to land expropriation decisions in Vietnam? What is assistance in relocation in case of expropriation of homestead land of households who have to be relocated afterward in Vietnam?
Is it possible to object to land expropriation decisions in Vietnam? What is land expropriation due to non-use of land or delay in implementation of investment projects in Vietnam? What is assistance in relocation in case of expropriation of homestead land of households who have to be relocated afterward in Vietnam?
Is it possible to object to land expropriation decisions in Vietnam?
The story is that my family received a land expropriation decision to widen the road. But because my land is very small, almost all of them have been acquired, while the houses in the alley will naturally be on the street, even though there are compensation policies. However, my family did not agree, so I did not sign any documents. Yesterday, we received the decision on enforcement of land expropriation decision, I am very worried when the house is forced to be destroyed, please ask: Can people object to the land expropriation decision? Is there any document that regulates this issue? Look forward to receiving an answer.
Reply:
Pursuant to the provisions of Article 62 of the 2013 Land Law, it is stipulated that: land recovery to widen roads in the case of land expropriation for socio-economic development in the national or public interest.
According to Article 67 of the 2013 Land Law, there is a provision on notification of land expropriation and compliance with decisions on land expropriation for national defense or security purpose; or for socio-economic development in the national or public interest is regulated as follows:
1. Before issuing a decision on land expropriation, at least 90 days prior to the recovery of agricultural land or 180 days prior to the recovery of non-agricultural land, competent state agencies shall notify the land users of the land expropriation. The contents to be notified include land expropriation, investigation, survey, measurement and inventory plans.
2. In case land users whose land is expropriated agree on the land expropriation plan prior to the time limit prescribed in Clause 1 of this Article, the competent People’s Committee may decide on land expropriation without having to wait until the time limit for the land expropriation notification expires.
3. Land users whose land is expropriated shall coordinate with agencies and organizations performing compensation and ground clearance in the process of investigation, survey, measurement, inventory, and making of plans for compensation, support and resettlement.
4. After the land expropriation decisions take effect and plans for compensation, support and resettlement approved by competent state agencies are publicized, land users whose land is expropriated shall comply with the land expropriation decisions.
=> Thus, in your case, when the land expropriation decision takes effect and the compensation, support and resettlement plan approved by a competent state agency is publicly announced, the Your family is forced to comply with the decision to withdraw. When the land is recovered, the State agencies have policies on compensation as well as resettlement support for the people who are recovered. Because of the development of the country, you will suffer a little bit, but maybe when the roads are developed and convenient for circulation, the locality will also have better development policies to take care of people's lives.
At the same time, if you want to know if the forced expropriation is in accordance with the law, you can refer to Article 71 of the 2013 Land Law.
What is land expropriation due to non-use of land or delay in implementation of investment projects in Vietnam?
My business is implementing a high-class resort investment project in Da Nang City, due to the long implementation time of the project, I recently received a decision to extend the investment project, if I do not submit land use levy extension will have the land recovered. Please advise me on case of land recovery due to not using land to implement an investment project? Thank you.
Reply:
At Point i, Clause 1, Article 64 of the 2013 Land Law:
1. Cases of land expropriation due to violations of the land law include:
i/ Land that is allocated or leased for implementing investment projects is not used within 12 consecutive months, or the land use schedule is 24 months late compared with the schedule stated in the project documents since the hand-over in the field. In case of not putting the land into use, the land use term may be extended 24 months and the investors shall pay a sum of money equivalent to the total land use levy or land rental for the delayed period. If the investors still fail to put the land into use when the extended time is over, the State shall recover the land without compensation for land and land-attached assets, except due to force majeure.
According to Clause 1, Article 15 of Decree No. 43/2014/ND-CP, force majeure circumstances which affect the land use schedule of investment projects and point of time for counting the land use term extension of 24 months in cases land is not put to use or the land use schedule is late
1. Force majeure circumstances which directly affect the land use schedule of investment projects allocated or leased land by the State under Point i, Clause 1, Article 64 of the Land Law include:
a/ Natural disasters, environmental disasters;
b/ Fires and epidemics;
c/ Wars;
d/ Other Force majeure circumstances as decided by the Prime Minister.
In Clause 2, Article 15 of Decree No. 43/2014/ND-CP and Clause 12, Article 2 of Decree No. 01/2017/ND-CP, The point of time for counting the land use term extension of 24 months in case land is not put to use or the land use schedule is late is prescribed as follows:
a/ In case an investment project fails to put land into use for 12 consecutive months after receiving land handed over in the field, the investor may extend the land use term for 24 months counted from the 13th month since the land handover;
b/ In case the land use schedule of an investment project is 24 months late compared with the schedule stated in the project documents since the land handover in the field, the point of time for counting the land use term extension of 24 months is the 25th month since the planned time of completion of construction investment.
In case the project is allocated or leased land according to schedule, the land use term extension of 24 months shall apply to each land area allocated or leased as scheduled; the point of time for counting the land use term extension of 24 months is the 25th month since the planned time of completion of construction investment in such land area.
c) In the event that a land parcel is detected, upon an inspection, to have not been used in more than 12 consecutive months or the progress of land use is over 24 months behind schedule, the 24-month extension of land use shall commence on the date that the agency competent to allocate or lease the land parcel decides such extension. The competent agency’s decision to extend land use schedule shall be made at the land user’s request in 30 days upon the agency's receipt of the report or conclusion of inspection.
d) A land user who has not used a land parcel in more than 12 months or whose progress of land use falls over 24 months behind schedule is required to file a written request for extension to the People’s Committee competent to allocate or lease such land parcel.
People’s Committee competent to allocate or lease the land parcel shall expropriate it 15 days after a government authority's written confirmation of the violation if the land user does not apply in writing for extension;
dd) Ministry of Finance regulates details of the calculation of the land use fee or land rent payable for the extended duration of 24 months pursuant to Point i, Section 1, Article 64 of the Land Law.
The above is the content of advice on land recovery due to the fact that the land is not put into the implementation of the investment project or the implementation progress is slower than 24 months in Vietnam.
What is assistance in relocation in case of expropriation of homestead land of households who have to be relocated afterward in Vietnam?
My family is subject to land acquisition according to the construction planning of the Provincial People's Committee, can you tell me what are regulations on assistance in relocation in case of expropriation of homestead land of households who have to be relocated afterward? Hope you guys can help me, thank you very much.
Reply:
According to the provisions of Clause 2, Article 83 of the 2013 Land Law, assistance upon land expropriation by the State include:
2. Assistance upon land expropriation by the State includes:
a) Assistance in stabilization of life and production;
b) Assistance in vocational training, occupation change and job seeking in case of expropriation of agricultural land of households and individuals directly engaged in agricultural production; expropriation of land serving both accommodation and service business of households and individuals who have to be relocated afterward;
c) Assistance in relocation in case of expropriation of homestead land of households, individuals, Vietnamese nationals residing overseas who have to be relocated afterward;
d) Other kinds of assistance.
In Article 22 of Decree No. 01/2007/ND-CP amending the decree guiding the Land Law, Resettlement support in case the State recovers residential land from households, individuals, Vietnamese nationals residing overseas who have to be relocated afterward as prescribed at Point c, Clause 2, Article 83 of the Land Law, the following procedures shall be applied:
- Households, individuals and overseas Vietnamese who receive residential land or house for resettlement but the amount of compensation for land is less than the value of a minimum resettlement rate specified in Article 27 of this Decree. This Decree is supported with the difference between the minimum resettlement rate value and the amount of land compensation
- In case households, individuals and overseas Vietnamese take care of their own accommodation, in addition to being compensated for land, they will also receive resettlement support money. Provincial-level People's Committees, based on the size of the recovered residential land area, the number of household members and specific local conditions, shall determine the appropriate level of support.
Above is the content of advice on assistance in relocation for households whose land has been recovered and have to be relocated afterward in Vietnam.
Best regards!
