Cases of land expropriation for socio-economic development purpose in the national/public interest in Vietnam

Cases of land expropriation for socio-economic development purpose in the national/public interest in Vietnam (Image from the Internet)

On January 18, 2024, the National Assembly of Vietnam issued the Land Law 2024.

Cases of land expropriation for socio-economic development purpose in the national/public interest in Vietnam

According to Article 79 of the Land Law 2024, the state shall recover land in cases where it is truly necessary to implement socio-economic development projects for national and public interest. This is to effectively utilize land resources, enhance land use efficiency, develop socio-economic infrastructure in a modern direction, implement social security policies, protect the environment, and preserve cultural heritage in the following cases:

- Construction of transportation works, including: expressways, roads, urban roads, rural roads including bypasses, emergency roads, and field roads serving the general travel needs of everyone; bus stops, passenger pick-up and drop-off points, toll stations, warehouse facilities, car parks; ferry terminals, bus stations, rest stops; various railway lines; railway stations; various bridges, traffic service tunnels; inland waterway works, maritime works; aviation works; cable car lines and cable car stations; fish ports, dry ports; service offices, business facilities within stations, ports, bus stations; safety protection corridors of transportation works requiring land clearance; other structures serving transportation;

- Construction of water conservancy works, including: dykes, embankments, sluices, dams, flood discharge works, reservoirs, water diversion tunnels, water supply systems, drainage systems, irrigation systems, including the protection corridors of water conservancy works requiring land use; headwork water conservancy, including office buildings, warehouses, production facilities, repair, maintenance facilities within the scope of water conservancy works;

- Construction of water supply and drainage works, including: water plants; water pumping stations; water tanks, water towers; water supply and drainage pipelines; regulation reservoirs; water, sludge treatment works including office buildings, warehouses, production facilities, repair, maintenance facilities of water supply and drainage works;

- Construction of waste treatment works, including: transfer stations; landfill sites; integrated treatment complexes, treatment areas, hazardous waste treatment facilities including office buildings, warehouses, production facilities, repair, maintenance facilities of waste treatment works;

- Construction of energy works, public lighting, including: power plants and auxiliary works of power plants; dams, embankments, reservoirs, water diversion works serving hydroelectric plants; power transmission lines and transformer stations; business service facilities, repair, maintenance within the scope of power plants; public lighting systems;

- Construction of petroleum works, including: exploitation rigs, works serving petroleum exploitation, petroleum processing plants, oil refining plants, biofuel production plants; crude oil storage facilities, oil, gas, fuel pumping stations, pipeline systems, safety protection corridors of works ensuring technical safety; business service facilities, repair, maintenance within the scope of petroleum exploitation works, petroleum processing plants, oil refining plants, biofuel production plants;

- Construction of infrastructure for postal, telecommunications, information technology, including: buildings, stations, antenna towers, cable hanging poles, conduits, tanks, cable pipes, trenches, technical tunnels and other related technical infrastructure to install telecommunications equipment and equipment installed for telecommunications services; data centers; including safety protection corridors of works ensuring technical safety without using them for other purposes; postal service exploitation facilities and service points; communal postal and cultural points; business service facilities, repair, maintenance within the scope of postal, telecommunications, information technology works;

- Construction of people's markets, wholesale markets;

- Construction of belief works, including: communal houses, temples, shrines, altars, and other legal belief works;

- Construction of religious works, including: headquarters of religious organizations, affiliated religious organizations; temples, churches, chapels, cathedrals, holy halls; schools training religious practitioners; statues, steles, towers, and other legal religious works;

- Construction of public parks, recreation areas, community activities, including: parks, flower gardens, beaches, and other public recreational areas; meeting facilities, and other activities suitable to the local community customs and traditions;

- Construction of the headquarters of the Communist Party of Vietnam, state agencies, the Vietnam Fatherland Front, political-social organizations, political-social-professional organizations, social-professional organizations, social organizations, and other organizations established under the provisions of law that are assigned tasks and regular operational funding by the state;

- Construction of headquarters or representative offices of public service providers under the Communist Party of Vietnam, state agencies, political-social organizations;

- Construction of cultural facilities, historical-cultural relics, famous landscapes, including: conference centers, theaters, cultural houses, cultural centers, cultural palaces, clubs, cinemas, circuses; relics; symbolic, artistic works, children's palaces, youth centers, youth activity centers, museums, exhibition houses, literature creation bases, art creation bases, artwork display houses, headquarters of art troupes; works expanding, renovating, restoring, promoting the value of historical-cultural relics, famous landscapes listed or included in inventory by the provincial People's Committee according to the heritage law; other cultural facilities established or permitted by the state;

- Construction of healthcare facilities, social service facilities established or permitted by the state, including: medical examination and treatment facilities; rehabilitation facilities; preventive healthcare facilities; population facilities; testing facilities; calibration, inspection, and appraisal facilities; forensic facilities; pharmaceutical production facilities; medical equipment production facilities; social work public service centers, social protection facilities; addiction treatment, education, social labor centers; treatment centers for people with meritorious services; child support facilities; consultation, advisory facilities for elderly, disabled people, children in special circumstances, people living with HIV/AIDS, mentally ill individuals; drug addiction treatment facilities; care facilities for the elderly, children in special circumstances;

- Construction of educational, training facilities established or permitted by the state, including: nurseries, kindergartens, preschools, general education institutions, regular education institutions, specialized schools, higher education institutions, vocational education institutions;

- Construction of sports and physical training facilities established or permitted by the state, including: sports complexes, athlete training and coaching centers; stadiums, competition and training facilities for various sports;

- Construction of science and technology facilities established or permitted by the state, including: research, development, science and technology service organizations; innovation startup support organizations; technology incubation centers, science and technology enterprise incubation centers; science and technology parks; science museums; metrology systems;

- Construction of diplomatic facilities, including: embassies, consulates, representative offices of foreign diplomatic organizations, nongovernmental organizations performing diplomatic functions in the Government of Vietnam; diplomatic facilities managed by the state;

- Construction of works related to environmental treatment, biodiversity conservation, meteorology, hydrology, registration, and animal, plant quarantine;

- Implementation of housing projects for social housing, accommodation for people's armed forces, unless agreeing on the transfer of land use rights; investment projects for building official residences; investment projects for renovation, reconstruction of apartment buildings, unless the apartment owners agree to transfer land use rights to the investor for investment projects for renovation, reconstruction of apartment buildings as per the Housing Law 2023; resettlement projects;

- Implementation of industrial zone, cluster projects; high-tech zones; agricultural high-tech application zones; centralized information technology zones; high-tech forestry application zones; non-tariff zones within economic zones;

- Implementation of large-scale concentrated production, processing areas of agricultural, forest, aquatic, and marine products with synchronized shared infrastructure from production to processing, serving across inter-district, inter-provincial, or inter-regional areas; projects for planting, conserving medicinal plant genes for the development of traditional medicine materials;

- Implementation of sea encroachment activities;

- Mining activities licensed by competent state agencies, including works serving mining, mineral processing associated with the mining area and safety protection corridors for mining requiring land recovery;

- Projects in proximity zones to traffic connection points and transport routes with development potential;

- Implementation of mixed-use urban area development projects with synchronized technical and social infrastructure systems with housing as per construction law to construct new or renovate, embellish urban areas; rural residential area projects;

- Cemeteries, funeral homes, cremation facilities, ash storage facilities;

- Implementation of projects arranging homestead land and production land for ethnic minorities to implement land policies for ethnic minorities according to the Land Law 2024;

- Construction of surface works for the operation, exploitation, and use of underground works;

- Implementation of projects approved, decided on investment policies by the National Assembly and the Prime Minister as per law;

- In case of land recovery for projects, works for national or public interests not falling under the cases from clause 1 to clause 31 of Article 79 of the Land Law 2024, the National Assembly shall amend and supplement the land recovery cases of Article 79 of the Land Law 2024 through simplified procedures.

More details can be found in the Land Law 2024 which comes into force in Vietnam from August 1, 2024.

The Land Law 2013 ceases to be effective in Vietnam from the date the Land Law 2024 comes into effect.

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