What are regulations on competence to recover land in Vietnam?

What are regulations on competence to recover land in Vietnam?

I am learning about regulations related to land law and have questions that I would like to ask everyone to answer. Specifically, let me ask: What are regulations on competence to recover land in Vietnam? Hope to receive a response soon. Sincerely thank!

Answer: The competence to recover land in our country is specified in Article 66 of the 2013 Land Law with the following content:

1. Provincial-level People’s Committee may decide on land expropriation in the following cases:

a/ Recovery of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case prescribed at Point b, Clause 2 of this Article;

b/ Recovery of agricultural land which is part of the public land funds of communes, wards or townships.

2. District-level People’s Committees may decide on land expropriation in the following cases:

a/ Recovery of land from households, individuals and communities;

b/ Recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam.

3. In case both subjects prescribed in Clauses 1 and 2 of this Article exist in one expropriated area, the provincial-level People’s Committee shall decide on the land expropriation or authorize district-level People’s Committees to decide on the land expropriation.

Above is the answer about competence to recover land in Vietnam. For more information on this issue, you can refer to the Land Law 2013.

What are regulations on competence to recover land in Vietnam? (Image from the Internet)

What is determination of compensation level when residential land is recovered in Vietnam?

I live in Phu Yen, recently we heard information about land clearance for households neighboring my house, the cadastral agency conducted land measurements. Can I ask what the law stipulates about compensation when land is recovered?

Answer: Article 79 of the 2013 Land Law stipulates compensation for land when the State recovers residential land as follows:

1. Households and individuals using residential land and overseas Vietnam owning houses associated with land use rights in Vietnam, who are eligible for compensation as prescribed in Article 75 of the Law upon land expropriation by the State, shall be compensated as follows:

a/ If they have no other residential land or houses in the communes, wards or townships in which the expropriated land is located, they shall be compensated with residential land or house. If they have no need for compensation with residential land or house, the State shall compensate them in money;

b/ If they have other residential land or houses in the communes, wards or townships in which the expropriated land is located, they shall be compensated in money. For localities with available land fund, the compensation in the form of land may be considered.

2. For households and individuals that are required to move upon the State’s recovery of land and land-attached houses, if they are ineligible for compensation with residential land and have no other living place, the State shall offer houses for them to buy or lease-purchase, or allocate them residential land with land use levy.

3. Economic organization, overseas Vietnamese and foreign-invested enterprises that are using land for housing projects and are eligible for compensation as prescribed in Article 75 of this Law, shall be compensated for land upon land expropriation by the State.

4. The Government shall detail this Article.

Thus, households and individuals are compensated when the State recovers land when they have a Certificate of Land Use Rights or are eligible to be granted a Certificate of Land Use Rights. Compensation is made by allocating land for the same use purpose. If there is no land for compensation, monetary compensation will be given at the specific land price decided by the Provincial People's Committee at the time of the recovery decision.

What are requirements for enforcement of a land expropriation decision in Vietnam?

Near my house, there was a case of building a house on illegal land. After many procedures, he still resisted (I don't know the order and procedures). I think in your case, enforcement will probably be carried out, but what conditions need to be met in order to carry out forced land recovery? Looking forward to receiving feedback.

Answer: In Clause 2, Article 71 of the 2013 Land Law, there is a regulation that 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.

Above is the consulting content. Hope the information shared above will be helpful to you.

Best regards!