Is unlawfully recovering land compensated by the state in Vietnam?

Is unlawfully recovering land compensated by the state in Vietnam?

In Article 17 of the Law on Compensation Liability of the State 2017 stipulates scope of compensation liability in administrative management as follows:

The State shall be liable for damages in the following cases:

1. Unlawfully issuing decisions on penalties for administrative violations;

2. Unlawfully applying measures to ward off administrative violations and secure the handling of administrative violations;

3. Unlawfully applying one of the following remedial measures for administrative violations:

a) Enforce dismantling of facilities or parts of facilities which are constructed without licenses or inconsistently with the license;

b) Enforce elimination of infringement on products, packages, business facilities, or articles;

c) Enforce recall of unqualified products and goods;

4. Unlawfully enforce the implementation of decision on penalties for administrative violations;

5. Unlawfully applying one of the following handling measures for administrative violations:

a) Education at communes, wards, district-level towns;

b) Sending to reformatory schools;

c) Sending to correctional facilities;

d) Sending to compulsory detoxification centers;

6. Failure to apply or apply following measures to protect denouncers upon their requests not in accordance with the Law on denunciation:

a) Suspending, temporarily suspending, cancelling partly or wholly decisions on disciplinary actions or other decisions infringing legitimate rights and interests of denouncers; resume positions, income, and other legitimate interests for denouncers at their workplace;

b) Suspending, temporarily suspending, cancelling partly or wholly administrative decisions/acts infringing legitimate rights and interests of denouncers; resume positions, income, and other legitimate interests for denouncers at their places of residence;

c) Applying prevention, actions against infringement or threats of infringement on life, health, assets, honor, prestige, and reputation of denouncers as per the law;

7. Committing prohibited acts prescribed in the Law on information access in terms of intentional provision of falsifying information without issuing a denial or provide information again;

8. Unlawfully issuing, revoking, non-issuing certificates of enterprise registration, certificates of household business registration, certificates of registration for investment, licenses and license-equivalent documents;

9. Unlawfully imposing taxes, fees, and charges; unlawfully collecting taxes, fees, and charges; unlawfully collecting tax arrears, paying tax refund; unlawfully collecting land levies;

10. Unlawfully applying customs procedures;

11. Unlawfully allocating land, leasing land or recovering land, permitting land use purpose change, compensating for and supporting ground clearance and resettlement; granting or revoking certificates of rights to use land and own houses and other assets attached to land;

12. Unlawfully issuing decisions on handling of competitions cases;

13. Issuing patents according to the legal basis that the applicant has no right to submit the application or the applicant fails to meet the conditions for protection; refuse to issue a patent with the reason that the applicant fails to meet the conditions for protection without legal basis; and have the patent annulled without legal basis;

14. Unlawfully issuing decisions on dismissal as disciplinary action to public employees at the position of less than or equal to Director General.

Thus, if your house is unlawfully recovered, you will be compensated by the state in accordance with the law in Vietnam.

Which agency has authority to settle compensation in Vietnam?

In Article 33 of the Law on Compensation Liability of the State 2017, compensation bodies in administrative management is as follows:

1. Central compensation bodies include:

a) Ministries, ministerial-level agencies, Governmental agencies shall act as compensation bodies in cases where the law enforcers causing damage work under their direct management, except for the case prescribed in Point b of this Clause;

b) General Departments, Departments and other units that have the legal person status and separate accounts of Ministries, ministerial-level agencies or Governmental agencies shall act as compensation bodies in cases where the law enforcers causing damage work under their direct management.

2. Compensation bodies of provinces and central-affiliated cities (hereinafter referred to as provinces) include:

a) People’s Committees of provinces shall act as compensation bodies in cases where the law enforcers causing damage work under their direct management, except for the case prescribed in Point b of this Clause;

b) Specialized agencies or entities affiliated to the People's Committee of provinces that have the legal person status and separate accounts shall act as compensation bodies in cases where the law enforcers causing damage work under their direct management.

3. People’s Committees of districts shall act as compensation bodies in cases where the law enforcers causing damage work under their direct management.

4. People’s Committees of communes shall act as compensation bodies in cases where the law enforcers causing damage work under their direct management.

5. Authorities competent to provide information as prescribed in the Law on information access.

6. Authorities competent to apply necessary measures to protect denouncers as prescribed in the Law on Denunciation.

7. Agencies issuing dismissal decision as disciplinary actions to public employees.

8. Courts that have jurisdiction in lawsuit settlement as prescribed in law on criminal procedures, civil procedures, administrative procedures; courts that have jurisdiction in applying administrative measures as prescribed in the Law on penalties for administrative violations.

According to this Article, if your family is illegally recovered by the commune government, the commune government will have the authority to settle compensation for your family in Vietnam.

What do compensation claims in Vietnam comprise? 

In Clauses 1 and 2, Article 41 of the 2017 Law on Compensation Liability, compensation claims are as follows:

1. If the claimant is the sufferer, the compensation claim (hereinafter referred to as claim) shall include:

a) Compensation claim form;

b) Document serving as ground for claim, unless the suffer has not received or cannot have such document;

c) Identity papers of the sufferer;

d) Documents and evidence related to the compensation claim (if any).

2. If the claimant is the sufferer’s successor (or the successors' representative in case of multiple successors) or the sufferer’s representative, apart from the documents prescribed in Points a, b and d Clause 1 of this Article, the claim shall also include the following:

a) Identity papers of sufferer’s successor or representative;

b) A legitimate written authorization in case of authorized representative;

c) If the sufferer dies testate, the claimant has to provide the testament, if he/she otherwise dies intestate, a legitimate document on inheritance right is required.

Above is the compensation claim if the land is illegally recovered, corresponding to each case of the claimant in Vietnam.

Best Regards!