Latest summary of regulations on land requisition in Vietnam

Latest summary of regulations on land requisition in Vietnam (Internet image)

1. When to Land requisition?

The State may requisition land in case of extreme necessity to perform the tasks of national defense or security, or in a state of war or emergency, or of prevention and combat of natural disasters.

2. Decision on land requisition in Vietnam

- The decision on land requisition must be made in writing.

In case of emergency when the decision can not be made in writing, the person who has competence to requisition land may make the decision verbally but shall write a confirmation document on the land requisition decision right at the time of land requisition.

The decision on land requisition takes effect from the time of its issuance.

Within 48 hours from the time of making the land requisition decision verbally, the agency of the person making that decision shall confirm in writing and send the confirmation document to the person whose land is requisitioned.

3. Authority to requisition land in Vietnam

- The Minister of National Defense, the Minister of Public Security, the Minister of Transport, the Minister of Agriculture and Rural Development, the Minister of Health, the Minister of Industry and Trade, the Minister of Natural Resources and Environment, chairpersons of provincial-level People’s Committees and chairpersons of district-level People’s Committees have the competence to decide on land requisition and to extend the duration of land requisition.

- The persons who have the competence to requisition land may not delegate this competence to another person.

4. Duration of land requisition in Vietnam

The duration of land requisition must not exceed 30 days from the time the decision on land requisition takes effect.

In a state of war or emergency, the duration of land requisition is counted from the date of issuance of the decision on land requisition, but must not exceed 30 days from the date the state of war or emergency is repealed.

In case the duration of land requisition expires but the objectives of the requisition have not been achieved, the land requisition duration may be extended for no more than 30 days.

The decision to extend the land requisition must be made in writing and sent to the people whose land is requisitioned before the land acquisition duration expires.

5. To comply with the decision on requisition in Vietnam

- The person whose land is requisitioned shall comply with the decision on land requisition.

If the land requisition decision is made in accordance with law and the people whose land is requisitioned fail to comply with that decision, the person who decides to requisition the land shall issue a decision on enforcement and organize the enforcement, or assign the chairperson of the provincial-level People’s Committee and the district-level People’s Committee of the locality to organize the enforcement.

- The person who has the competence to decide on land requisition shall allocate the requisitioned land to organizations and individuals for efficient and proper management and use; return the land when the requisition duration expires; and make compensation for the damage caused by the land requisition.

6. Compensation for damage caused by land requisition in Vietnam

The compensation for damage caused by land requisition is prescribed as follows:

- The person whose land is requisitioned is entitled to compensation in case the requisitioned land is destroyed or his/her income is lost as a direct consequence of the land requisition;

- If the requisitioned land is destroyed, the compensation must be made in money, based on the price of land use rights transferred in the market at the payment time;

- If the person whose land is requisitioned loses income as a direct consequence of the land requisition, the compensation must be determined based on the actual loss of income from the hand-over date to the returning date of the requisitioned land which is indicated in the decision on return of the requisitioned land.

The amount of actual loss of income must be consistent with the income incurred from the requisitioned land in normal conditions prior to the requisition.

- The chairperson of the provincial- or district-level People’s Committee of the locality shall form a council to determine the level of compensation for damage caused by the land requisition based on the written declarations of the land users and cadastral records. Based on the level of compensation determined by the council, the chairperson of the provincial- or district-level People’s Committee shall decide on the compensation;

- Compensation for damage caused by land requisition must be paid from the state budget in one-off payment and directly to the person whose land is requisitioned within 30 days from the returning date

Legal basis: Article 72 of the Land Law 2013.

Diem My

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