Guidelines for implementing the land expropriation plan or an inspection, surveying and measurement plan in Vietnam

Guidelines for implementing the land expropriation plan or an inspection, surveying and measurement plan in Vietnam (Internet image)

Guidelines for implementing the land expropriation plan or an inspection, surveying and measurement plan in Vietnam

As stipulated in Clause 2, Article 87 of the Land Law 2024, the implementation of the land expropriation plan or an inspection, surveying and measurement plan in Vietnam is as follows:

- The People's Committee at the competent level for land recovery shall issue a land recovery notification;

- The People's Committee of the commune where the land is being recovered shall send a land recovery notification to each person whose land is being recovered, the owner of the assets attached to the land, persons with related rights and obligations (if any), and simultaneously post the land recovery notification and the list of persons whose land is being recovered at the office of the commune-level People's Committee and at common areas in the residential community where the land is being recovered throughout the compensation, support, and resettlement period.

In the event of an inability to contact or send the land recovery notification to the person whose land is being recovered, the owner of the assets attached to the land, or persons with related rights and obligations (if any), the notification shall be published in one of the daily newspapers of the central and provincial levels for 03 consecutive issues and broadcasted on the central and provincial radio or television stations 03 times over 03 consecutive days; posted at the office of the commune-level People's Committee, common areas in the residential community where the land is being recovered, and uploaded on the electronic portal of the district-level People's Committee throughout the compensation, support, and resettlement period without having to resend the land recovery notification;

- The People's Committee of the commune where the land is being recovered shall cooperate with the unit, organization responsible for compensation, support, and resettlement, relevant agencies, and persons whose land is being recovered to conduct the investigation, survey, record the current status, measure, inventory, compile statistics, classify the recovered land areas and assets attached to the recovered land; determine the origin of the recovered land and assets attached to the recovered land;

- The People's Committee of the commune where the land is being recovered shall cooperate with the unit, organization responsible for compensation, support, and resettlement to investigate, identify, and comprehensively compile statistics on the actual damages regarding land use rights and assets attached to the recovered land; identify persons with related rights and obligations; income from the use of land, assets attached to the recovered land, resettlement aspirations, and occupational transition;

- In cases where persons whose land is being recovered do not cooperate in the investigation, survey, measurement, inventory, the commune-level People's Committee shall take the lead, cooperate with the Vietnam Fatherland Front Committee of the commune where the land is being recovered, and the unit, organization responsible for compensation, support, and resettlement to mobilize and persuade them to reach a consensus in the implementation.

The mobilization and persuasion efforts must be conducted for a period of 15 days and documented in writing. If, after 10 days from the end of the mobilization and persuasion period, the persons whose land is being recovered still do not cooperate in the investigation, survey, measurement, inventory, the Chairman of the district-level People's Committee shall issue a mandatory inventory decision. Persons whose land is being recovered are required to comply with the mandatory inventory decision. If non-compliant, the Chairman of the district-level People's Committee shall issue a decision to enforce the mandatory inventory decision and organize enforcement as stipulated in Article 88 of the Land Law 2024.

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