Detailed regulations on procedures for land requisition in Vietnam

Detailed regulations on procedures for land requisition in Vietnam (Image from Internet)

1. Detailed regulations on procedures for land requisition in Vietnam

Detailed regulations on procedures for land requisition in Vietnam according to Article 29 of Decree 102/2024/ND-CP are as follows:

- The decision on land requisition and confirmation document of land requisition shall include the following main contents:

+ Full name, title, and working unit of the person deciding on the land requisition;

+ Name and address of the person with requisitioned land or the person managing and using the requisitioned land;

+ Name and address of the organization, full name, and address of the person assigned to use the requisitioned land;

+ Purpose and duration of land requisition;

+ Location, area, type of land, and assets attached to the requisitioned land;

+ Time of handover of requisitioned land.

- The return of land requisitioned to the land user after the requisition period shall be carried out as follows:

+ The person authorized to decide on the land requisition issues a decision to return the requisitioned land and sends it to the person with requisitioned land;

+ In case the person with requisitioned land voluntarily donates to the State, procedures for the donation of land use rights shall be carried out according to the provisions of law.

- Responsibility for determining the amount of compensation for damages caused by the implementation of land requisition is as follows:

+ The Chairman of the district-level People's Committee where the land is requisitioned is responsible for determining the amount of compensation for damages caused by the implementation of land requisition, except as provided for in point b, clause 3, Article 29 of Decree 102/2024/ND-CP;

+ The Chairman of the provincial-level People's Committee where the land is requisitioned is responsible for determining the amount of compensation for damages caused by the implementation of land requisition in cases where the requisitioned land area spans across two or more district-level administrative units.

- Composition of the Council for Determining Compensation for Damages caused by the implementation of land requisition includes:

+ The Chairman or Vice Chairman of the People's Committee is the Chairman of the Council;

+ Members from agencies with functions of land management, finance, and other relevant members;

+ Representatives from the authority of the person authorized to decide on land requisition;

+ Representatives from the district-level People's Court, district-level People's Procuracy where the land is;

+ Representative of the Vietnam Fatherland Front Committee at the commune level;

+ The person with the requisitioned land or their representative.

2. Regulations on land requisition in Vietnam

Regulations on land requisition in Vietnam according to Article 90 of Land Law 2024 are as follows:

- The State requisitions land when it is absolutely necessary for national defense, security tasks, or in cases of war, state of emergency, disaster prevention, and combat.

- The land requisition decision must be documented in writing and effective from the issuance date.

In urgent cases where a written decision cannot be issued, the authorized person can decide on the land requisition verbally which becomes effective immediately; the person authorized to decide on the requisition must issue a written confirmation of the verbal land requisition decision at the time of requisition and hand it over to the person with requisitioned land. No later than 48 hours from the time of the verbal land requisition decision, the authority of the person who decided on the verbal requisition must issue a written confirmation of the land requisition and send it to the person with requisitioned land.

- Ministers of National Defense, Public Security, Transport, Agriculture and Rural Development, Health, Industry and Trade, Natural Resources and Environment, Finance, Provincial People's Committee Chairmen, District People's Committee Chairmen are authorized to decide on land requisition and extension of land requisition. The authorized person deciding on land requisition or extension is not allowed to delegate this authority.

- The land requisition period is no more than 30 days from the effective date of the requisition decision. If the requisition purpose is not achieved by the end of this period, an extension may be granted but not exceeding 30 days. The extension decision must be documented in writing and sent to the person with requisitioned land and the asset owner attached to the requisitioned land before the end of the requisition period.

In war or emergency conditions, the requisition period is calculated from the decision date to no more than 30 days from the date of repealing the state of war or emergency.

- Persons with requisitioned land and asset owners attached to the requisitioned land must comply with the requisition decision. If the requisition decision complies with the law and the person with requisitioned land does not comply, the person who decided on the requisition will issue a coercive enforcement decision and organize or delegate enforcement to the provincial or district People's Committee Chairman where the requisitioned land is located.

- The authorized person who requisitions land has the responsibility to hand over the land to the organization or individual to manage and use the requisitioned land for the correct purpose, effectively; return the land when the requisition period expires; and compensate for damages caused by the requisition.

- Compensation for damages caused by the land requisition is carried out as follows:

+ If the requisitioned land is destroyed, compensation is made in cash at the market price for land use rights transfer at the time of payment;

+ If income is damaged directly by the land requisition, the compensation amount is determined based on the actual loss of income calculated from the requisition handover date to the land return date recorded in the land return decision. The actual income loss must match the income generated by the requisitioned land under normal conditions before the requisition;

+ If assets are damaged directly by the requisition, the compensation amount is determined based on the market price of asset transfer at the time of payment;

+ The Chairman of the provincial or district People's Committee where the requisitioned land is located establishes a Council to determine the compensation amount based on land user declarations and cadastral records. Based on the Council's determined compensation amount, the Chairman of the provincial or district People's Committee decides the compensation amount;

+ Compensation money for damages caused by the land requisition is paid once directly to the person with requisitioned land or the asset owner attached to the requisitioned land by the state budget within no more than 30 days from the land return date.

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