Is the police force required to be present when executing decisions on enforcement of land expropriation in Vietnam?

Is the police force required to be present when executing decisions on enforcement of land expropriation in Vietnam?

I know that after completing the procedures, the District People's Committee will enforce the decision on land recovery for the opposing households who refuse to allocate land to expand roads for socio-economic development for the national and public interests. The enforcement committee will be established and take main responsibility for enforcement, which will be the coordination of many agencies and departments. However, I don't know: When executing decisions on enforcement of land expropriation, is the police force required to be present? Look forward to your feedback soon.

Answer: Pursuant to the provisions of Clause 5, Article 71 of the 2003 Land Law, there are regulations on the responsibilities of organizations and individuals in implementing the decision on coercive land recovery:

5. Responsibilities of organizations and individuals in executing decisions on enforcement of land expropriation:

a/ The district-level People’s Committee shall implement the enforcement, settle complaints related to the enforcement in accordance with the law on complaints; implement the resettlement plans before executing the enforcement; ensure necessary conditions and means to serve the enforcement; and allocate funds for enforcement activities;

b/ The enforcement board shall 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 and 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;

c/ The police shall maintain social order and safety in the process of organizing the execution of the decision on enforcement of land expropriation;

d/ The commune-level People’s Committee of the locality concerned shall coordinate with related agencies in delivering and posting up the decision on enforcement of land expropriation, participate in the enforcement process and coordinate with the organization in charge of compensation and ground clearance in sealing and moving the properties of coerced people;

e/ 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.

=> Thus, when executing decisions on enforcement of land expropriation in Vietnam, it is necessary to have a police force at the place of enforcement, it is also the responsibility of the police force to maintain social order and safety in the process of organizing the execution of the decision on enforcement of land expropriation. It is a backup case when executing decisions on enforcement will inevitably cause conflicts and quarrels, so it is necessary to protect order and security.

Can times of starting the enforcement of decisions on compulsory inventory be done outside working hours in Vietnam?

I am a student at the University of Agriculture and Forestry, currently wishing to learn some issues about the enforcement and implementation of decisions on compulsory inventory, but still wondering about a small issue, namely: Can times of starting the enforcement of decisions on compulsory inventory be done outside working hours?

Answer: Pursuant to the provisions of Clause 1, Article 71 of the 2003 Land Law, there are principles for enforcement of a land expropriation decision as follows:

1. The principles of enforcement of a land expropriation decision comply with Clause 1, Article 70 of this Law.

- The times of starting the enforcement fall in working hours.

=> Thus, the enforcement of decisions on compulsory inventory must be done during working hours in Vietnam.

- According to this regulation, we further inform you that the enforcement of decisions on compulsory inventory is done when the following conditions are satisfied:

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.

What are latest regulations on enforcement of land expropriation decisions in Vietnam?

I am a commune cadastral officer, recently we have fully implemented the procedures as well as provided support, compensation and resettlement for people whose land is recovered. However, there are still 02 households who do not agree with that compensation level, but on the contrary intend to oppose, the enforcement of land expropriation decisions has taken effect, so we decided to enforce the land expropriation decisions, but still a little worried, please ask: What are latest regulations on enforcement of land expropriation decisions?

Answer: According to the provisions of Article 71 of the Land Law 2013, enforcement of land expropriation decisions is prescribed as follows:

1. The principles of enforcement of a land expropriation decision comply with Clause 1, Article 70 of this Law.

2. The enforcement of a land expropriation decision is conducted when all the following requirements are met:

a/ The person whose land is to be expropriated fails to comply with the land expropriation decision after the mobilization and persuasion by the commune-level People’s Committee and Vietnam Fatherland Front in the locality and the organization in charge of compensation and ground clearance;

b/ The decision on enforcement of the land expropriation decision is posted up 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 land expropriation 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. 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.

4. The order and procedures for enforcement of land expropriation:

a/ Before executing the enforcement, the chairperson of the district-level People’s Committee shall decide to establish an enforcement board;

b/ 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;

c/ 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.

5. Responsibilities of organizations and individuals in executing decisions on enforcement of land expropriation:

a/ The district-level People’s Committee shall implement the enforcement, settle complaints related to the enforcement in accordance with the law on complaints; implement the resettlement plans before executing the enforcement; ensure necessary conditions and means to serve the enforcement; and allocate funds for enforcement activities;

b/ The enforcement board shall 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 and 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;

c/ The police shall maintain social order and safety in the process of organizing the execution of the decision on enforcement of land expropriation;

d/ The commune-level People’s Committee of the locality concerned shall coordinate with related agencies in delivering and posting up the decision on enforcement of land expropriation, participate in the enforcement process and coordinate with the organization in charge of compensation and ground clearance in sealing and moving the properties of coerced people;

e/ 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.

6. The Government shall detail this Article.

Best Regards!