When is the enforcement of the land recovery decision carried out?
When is the enforcement of the decision on land recovery carried out? Under what circumstances does the State recover land for defense and security purposes?
- Enforcement of the decision on land recovery is carried out when land users do not comply with the decision to recover land issued by the competent authority within the time limit specified in the decision.- The State recovers land for defense and security purposes in the following cases:1. To build military bases.2. To construct national defense works, military zones, and restricted zones.3. To build national defense industries.4. To construct facilities serving defense and security operations.When is the enforcement of a land recovery decision carried out?
Based on Article 89 of the Land Law 2024, the enforcement of a land recovery decision is regulated as follows:
Enforcement of Land Recovery Decision
- The enforcement of a land recovery decision must ensure the following principles:
a) It is carried out openly, transparently, democratically, objectively, ensuring order, safety, and conformity with the law;
b) The commencement time of enforcement is during office hours. Enforcement is not conducted from 10 PM the previous night to 6 AM the following morning; on holidays, legal holidays, traditional holidays of ethnic minorities; during the 15 days before and after the Lunar New Year and other special cases that seriously affect security, politics, public order, safety, and local customs;
c) The enforcement of the land recovery decision is implemented with the land user, the property owner attached to the land, and other related subjects involved in the recovered land (if any).
- The enforcement of the land recovery decision is carried out when the following conditions are met:
a) The land recovery decision has taken effect, but the landholder does not comply with the decision after being persuaded by the Commune People's Committee, Commune Vietnam Fatherland Front Committee where the land is located, and relevant land management agencies or units, organizations responsible for compensation, support, and resettlement;
b) The enforcement decision of the land recovery has been publicly posted at the office of the Commune People's Committee and the common activity venue of the residential area where the land is located;
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Thus, the enforcement of a land recovery decision is carried out when the following conditions are met:
- The land recovery decision has taken effect, but the landholder does not comply with it after being persuaded by the Commune People's Committee, Commune Vietnam Fatherland Front Committee where the land is located, and relevant land management agencies or units, organizations responsible for compensation, support, and resettlement.
- The enforcement decision of the land recovery has been publicly posted at the office of the Commune People's Committee and the common activity venue of the residential area where the land is located.
- The enforcement decision of the land recovery has taken effect.
- The person subject to the enforcement has received the enforcement decision of the land recovery that has taken effect.
- In cases where the person subject to enforcement refuses to receive the enforcement decision or is absent when the decision is delivered, the Commune People's Committee will make a record.
When is the enforcement of a land recovery decision carried out? (Image from the Internet)
Under what circumstances does the State recover land for national defense and security purposes?
Based on Article 78 of the Land Law 2024, the State recovers land for national defense and security purposes in the following cases:
- For military posts, headquarters
- For military bases
- For construction of national defense works, battlefields, and special projects for national defense and security
- For construction of stations, ports, and military information facilities
- For construction of industrial, scientific and technological, cultural, and sports projects directly serving national defense and security
- For storage facilities of the People's Armed Forces
- For shooting ranges, training fields, weapon testing ranges, and weapon destruction sites
- For training institutions, training and skill enhancement centers, convalescence, recuperation, and functional rehabilitation establishments, medical examination, and treatment facilities of the People's Armed Forces
- For service housing of the People's Armed Forces
- For detention centers; temporary detention facilities; mandatory education facilities; reformatory schools and labor, vocational training, and vocational guidance areas for detainees, inmates, and students managed by the Ministry of National Defense and Ministry of Public Security
Under what circumstances is land recovered due to termination of land use as per law?
Based on Clause 1, Article 82 of the Land Law 2024, cases of land recovery due to termination of land use as per law include:
- Organizations allocated land by the State without land levy that are dissolved, bankrupt, or have terminated their operation as per the law.
- Individuals using land who pass away without heirs after fulfilling asset obligations as per civil law.
- Land allocated or leased by the State for a term but not extended for land use.
- Land recovery in cases of investment project termination as prescribed by investment law.
- Land recovery in cases where the forest has been recovered as prescribed by forestry law
