Cases of land expropriation for socio-economic development in the national or public interest according to the latest regulations in Vietnam

Cases of land expropriation for socio-economic development in the national or public interest according to the latest regulations in Vietnam  (Internet image)

Regarding this issue, LawNet answers as follows:

1. Cases of land expropriation for socio-economic development in the national or public interest according to the latest regulations in Vietnam 

According to Article 62 of the Land Law 2013, the State may recover land for socio-economic development in the national or public interest in the following cases:

- Implementation of projects of national importance which are approved in principle by the National Assembly for which land must be expropriated.

- Implementation of projects which are approved or decided by the Prime Minister, including:

= Projects on construction of industrial parks, export processing zones, hi-tech zones, economic zones, new urban centers; investment projects funded with official development assistance (ODA) capital;

= Projects on construction of offices of state agencies, central political and socio-political organizations, offices of foreign organizations with diplomatic functions; ranked historical-cultural relics and scenic spots, parks, squares, statutes, monuments and national public non-business facilities;

= Projects for construction of national technical infrastructure including transport, irrigation, water supply and drainage, electricity and communication facilities; oil and gasoline pipelines and depots; national reserve warehouses; facilities for waste collection and treatment.

- Implementation of projects which are approved by provincial-level People’s Councils for which land must be expropriated, including:

= Projects on construction of offices of state agencies, political and socio-political organizations; ranked historical-cultural relics and scenic spots, parks, squares, statutes, monuments, and local public non-business facilities;

= Projects on construction of local technical infrastructure including transport, irrigation, water supply and drainage, electricity, communication and urban lighting works; facilities for waste collection and treatment;

= Projects on construction of common activities of the communities; projects on resettlement, dormitories for students, social houses, and public-duty houses; construction of religious institutions, public culture, sports and entertainment and recreation centers; markets; graveyards, cemeteries, funeral service centers and cremation centers;

= Projects on construction of new urban centers and rural residential areas; on improvement of urban areas and rural residential areas; industrial clusters; concentrated zones for production and processing of agricultural, forestry, aquaculture and seafood products; and projects on development of protection forests or special-use forests;

= Mining projects that are licensed by competent agencies, except mining of minerals for use as common construction materials, peat, and minerals in scattered and small mining areas, and salvage mining.

2. Cases of land expropriation for national defense or security purpose in Vietnam 

According to Article 61 of the Land Law 2013, the State may recover land for national defense or security purpose in the following cases:

- Land for military barracks or offices;

- Land for construction of military bases;

- Land for construction of national defense works, battle fields and special works of national defense or security;

- Land for military railway stations and ports;

- Land for industrial, scientific and technological, cultural or sports facilities that directly serve national defense or security purpose;

- Land for warehouses for the people’s armed forces;

- Land for shooting grounds, training grounds, and weapon testing and destroying sites;

- Land for training institutions and centers, hospitals and sanatoriums of the people’s armed forces;

- Land for construction of public-duty houses of the people’s armed forces;

- Land for detention and re-education institutions managed by the Ministry of National Defense or the Ministry of Public Security.

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