Guidance on approval for land expropriation related to national defense, security in Vietnam according to Article 84 of the Land Law 2024

Guidance on approval for land expropriation related to national defense, security in Vietnam according to Article 84 of the Land Law 2024​ (Image from the Internet)

The Office of the Government of Vietnam issued Notice 33/TB-VPCP on February 4, 2025, which concluded Deputy Prime Minister of the Government of Vietnam Tran Hong Ha’s approval for land recovery as stipulated in Article 84 of the Land Law 2024.

Guidance on approval for land expropriation related to national defense, security in Vietnam according to Article 84 of the Land Law 2024

On January 21, 2025, at the headquarters of the Government of Vietnam, Deputy Prime Minister of the Government of Vietnam Tran Hong Ha chaired a meeting with representatives from the Ministries: Natural Resources and Environment, Justice, Defense, Public Security, and the People’s Committees of the provinces and cities: Hanoi, Lang Son, Thai Nguyen, Dien Bien, Cao Bang, Ha Nam concerning the approval for land recovery as stipulated in Article 84 of the Land Law 2024.

After hearing reports from the Ministry of Natural Resources and Environment, opinions from the Ministry of Justice, and representatives attending the meeting on land recovery for projects as defined under Article 84 of the Land Law, Deputy Prime Minister of the Government of Vietnam Tran Hong Ha concluded as follows:

- For projects under the case where the Prime Minister of the Government of Vietnam approves the investment policy: The Prime Minister of the Government of Vietnam has agreed to approve the investment policy of the project, requesting the Office of the Government of Vietnam to compile and report for the Prime Minister of the Government of Vietnam to approve land recovery for project implementation. The People's Committee at the provincial level with land to be recovered, the Ministry of National Defense, and the Ministry of Public Security are responsible for updating during the review and adjustment of the plan as required by law.

- For projects that have had their investment policy approved, and investment project approved, which are not under the decision authority of the National Assembly or the Prime Minister of the Government of Vietnam and have not yet been implemented: The Prime Minister of the Government of Vietnam agrees to the principle of approving the recovery of national defense and security land based on the consensus opinions of the Ministry of National Defense, Ministry of Public Security and the project having the investment policy approved, and the investment project approved to ensure conformance with the law.

The Ministry of National Defense, Ministry of Public Security, and the People's Committee at the provincial level with land to be recovered are responsible for updating during the review, adjusting the plan, and submitting for competent authority approval as required.

- For projects that have had their investment policy approved and investment project approved under the decision authority of the Minister of Defense, Minister of Public Security: The Prime Minister of the Government of Vietnam agrees to approve the recovery of national defense and security land based on the Ministry of National Defense and Ministry of Public Security's agreement to implement the project serving national defense, security, and socio-economic development purposes.

The Ministry of National Defense, Ministry of Public Security, Ministry of Natural Resources and Environment, and the People's Committee at the provincial level with land to be recovered are responsible for updating related plan adjustments and submitting for competent authority approval as required.

- For projects that have had their investment policy approved and investment project approved not falling under the subjects specified in items 1, 2, 3 above, where the approval of investment policy and investment project were based on the local land use plan before the Land Law 2024 took effect (August 1, 2024): The Prime Minister of the Government of Vietnam agrees to approve land recovery based on the Ministry of National Defense, Ministry of Public Security's agreement, provided the People's Committee at the provincial level with land to be recovered is responsible for the accuracy of information ensuring it is included in the land use plan.

The Ministry of National Defense, Ministry of Public Security, Ministry of Natural Resources and Environment, and the People's Committee at the provincial level with land to be recovered are responsible for updating related plan adjustments and submitting for competent authority approval as required.

- For projects that have had their investment policy approved and investment project approved that are not subject to items 1, 2, 3, 4 above: to avoid legalizing violations, the People's Committee at the provincial level with land to be recovered shall cooperate with the Ministry of National Defense, Ministry of Public Security to review and adjust the national defense land use plan, security land use plan to ensure the basis for implementing land recovery complies with conformance to the law.

- Assign the Ministry of Natural Resources and Environment to preside, cooperate with the Ministry of National Defense, Ministry of Public Security, and the People's Committee at the provincial level with land to be recovered under Article 84 of the Land Law 2024 to review, report to the Prime Minister of the Government of Vietnam for consideration and approval based on the principles decided in items 1, 2, 3, 4 above.

More details can be found in Notice 33/TB-VPCP issued on February 4, 2025.

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