Time limit for confirming the origin of real estate before issuing land recovery notices for certain cases in HCMC, Vietnam

Time limit for confirming the origin of real estate before issuing land recovery notices for certain cases in HCMC, Vietnam (Internet image)

Time limit for confirming the origin of real estate before issuing land recovery notices in Vietnam

The content is regulated in Resolution 26/2023/NQ-HDND regarding the sequence of procedures for investigating, surveying, measuring, counting, and verifying the origin of land and assets attached to land before the competent state authority issues land recovery notices to implement projects in Ho Chi Minh City.

The regulations on confirming the origin and legal status of real estate and assets attached to land are as follows:

1. Within a time limit not exceeding 60 (sixty) days from the date of receiving the documents from the organization responsible for compensation and site clearance, the People's Committee of the ward, commune, town, and local police authority shall be responsible for confirming the full contents (according to Form No. 04, 05 attached to the Appendix issued together with Resolution 26/2023/NQ-HDND).

2. Within a time limit not exceeding 05 (five) days from the date of receiving the documents from the organization responsible for compensation and site clearance, the People's Committee of the ward, commune, or town where the recovered land is located shall be responsible for confirming the use of agricultural land, production, and business of households, individuals, and economic organizations according to the regulations in Articles 19, 20, 21 of Decree 47/2014/ND-CP and Article 3 of Circular 33/2017/TT-BTNMT, Clause 1 of Article 4 of Circular 14/2023/TT-BTNMT (according to Form No. 06 in the Appendix issued together with Resolution 26/2023/NQ-HDND).

3. In cases where households or individuals use agricultural land in a different place from their registered place of residence, the following procedures shall be carried out:

Within a time limit not exceeding 03 (three) days from the date of receiving the documents from the organization responsible for compensation and site clearance, the People's Committee of the ward, commune, or town where the recovered land is located shall be responsible for confirming the use of agricultural land by the households or individuals whose land is being recovered (according to Form No. 07 in the Appendix issued together with Resolution 26/2023/NQ-HDND);

Within a time limit of 03 (three) days from the date of receiving the confirmation document from the People's Committee of the ward, commune, or town where the recovered land is located, the organization responsible for compensation and site clearance shall send a document with Form No. 07 in the Appendix issued together with Resolution 26/2023/NQ-HDND (already confirmed by the People's Committee of the ward, commune, or town where the recovered land is located) to the People's Committee of the ward, commune, or town where the households or individuals have their registered place of residence to obtain opinions on stable income from agricultural production. The time for collecting opinions is 07 (seven) days;

Within a time limit not exceeding 02 (two) days from the date of receiving the document from the People's Committee of the ward, commune, or town where the households or individuals have their registered place of residence, the organization responsible for compensation and site clearance shall send the document with Form No. 06 in the Appendix issued together with Resolution 26/2023/NQ-HDND to the People's Committee of the ward, commune, or town where the recovered land is located to confirm the contents (according to Form No. 06 in the Appendix issued together with Resolution 26/2023/NQ-HDND). The confirmation period of the People's Committee of the ward, commune, or town where the recovered land is located shall not exceed 03 (three) days from the date of receiving the documents from the organization responsible for compensation and site clearance;

In case the time limit for obtaining opinions has expired but there is no document from the People's Committee of the ward, commune, or town where the households or individuals have their registered place of residence, the organization responsible for compensation and site clearance shall continue to confirm other contents according to the regulations to complete the compensation file and additional support policies (if any) after receiving the document from the People's Committee of the ward, commune, or town where the households or individuals have their registered place of residence.

4. In the case where a person whose residential land is being reclaimed in a ward, commune, or town fails to provide documents proving their permanent or temporary residence, the local police authority of the ward, commune, or town where the land is being reclaimed is responsible for providing information in the residency database (according to Form No. 05 in the Appendix issued with Resolution 26/2023/NQ-HDND) to consider resettlement arrangements and support stable livelihoods, as well as assist with relocation costs.

For cases where the person whose residential land is being reclaimed in a ward, commune, or town fails to provide the actual household registration number, the local police authority of the ward, commune, or town where the land is being reclaimed is responsible for confirming the actual residence registration and facilitating relocation (according to Form No. 05 in the Appendix issued with Resolution 26/2023/NQ-HDND) to consider resettlement arrangements and support stable livelihoods, as well as assist with relocation costs. In other cases, the local police authority of the ward, commune, or town where the land is being reclaimed is responsible for determining the actual residency information and arranging resettlement and support for stable livelihoods, as well as assisting with relocation costs.

More details can be found in Resolution 26/2023/NQ-HDND.

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