If person who is to be coerced refuses to receive the land expropriation decision in Vietnam, will the enforcement work be stopped immediately?

If person who is to be coerced refuses to receive the land expropriation decision in Vietnam, will the enforcement work be stopped immediately?

Pursuant to Article 70 of the 2013 Land Law providing for enforcement of decisions on compulsory inventory as follows:

1. Principles of enforcement of a decision on compulsory inventory:

a/ The enforcement is conducted in a public, democratic, objective, orderly, safe and lawful manner;

b/ The times of starting the enforcement fall in working hours.

 

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3. The district-level People’s Committee chairperson who issues the decision on enforcement shall execute the decision on compulsory inventory and organize the execution of the decision on enforcement.

4. The order and procedures for executing the decision on enforcement of compulsory inventory are prescribed as follows:

a/ The organization assigned to conduct the enforcement shall mobilize, persuade and organize dialogues with, the coerced people;

b/ In case the coerced person complies with the decision on enforcement, the organization assigned to conduct enforcement shall make a written record to acknowledge the compliance, and conduct investigation, survey, measurement or inventory.

In case the coerced person fails to comply with the decision on enforcement, the organization assigned to conduct the enforcement shall execute the decision on enforcement.

Thus, according to current regulations in Vietnam, in case the coerced person complies with the decision on enforcement, the organization assigned to conduct enforcement shall make a written record to acknowledge the compliance, and conduct investigation, survey, measurement or inventory.

What are conditions of enforcement of decisions on compulsory inventory in Vietnam?

In addition, in Clause 2, Article 70 of the 2013 Land Law, regulations on enforcement of decisions on compulsory inventory are as follows:

2. 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.

Best Regards!