Newest regulations on complaints about the land expropriation notification in Vietnam

Newest regulations on complaints about the land expropriation notification in Vietnam (Internet image)

Newest regulations on complaints about the land expropriation notification in Vietnam

Pursuant to the provisions of Article 40 of Decree 102/2024/ND-CP which stipulates about complaints about the land expropriation notification in Vietnam:

- The individuals whose land is reclaimed, organizations, and related individuals have the right to complain about mandatory inventory, enforcement of mandatory inventory, land reclamation, and enforcement of land reclamation under the law on complaints.

Pending a decision on the complaint resolution, the mandatory inventory decision, enforcement of mandatory inventory, land reclamation decision, and enforcement of land reclamation must continue to be executed. In the event that the competent state agency handling the complaint concludes that the land reclamation is illegal, enforcement must cease if it has not been completed; the issued land reclamation decision must be annulled, and compensation for damages caused by the administrative decision (if any) must be made.

- In cases where land reclamation involves the rights and interests of other organizations or individuals in land use, the competent state agency shall still conduct the mandatory inventory, enforcement of mandatory inventory, land reclamation, and implementation of the land reclamation decision without waiting for the resolution of related land use rights and obligations between the landholder and those organizations or individuals according to relevant laws.

Principles of recompense, support, and resettlement upon land expropriation by the State in Vietnam

- Compensation, support, and resettlement upon land expropriation by the State must ensure democracy, objectivity, fairness, transparency, promptness, and conformity to the law; common interests, sustainable development, civilization, and modernity of the community and the locality; and attention to social policy beneficiaries and direct agricultural producers.

- Land compensation is conducted by allocating land with the same use purpose as the reclaimed land type. If there is no land available for compensation, cash compensation is provided based on the specific land price of the reclaimed land type as decided by the competent People’s Committee at the time of approving the compensation, support, and resettlement plan. If the landholder being compensated with land or housing prefers cash compensation, they will be compensated in cash as registered in the compensation, support, and resettlement plan.

For landholders with reclaimed land, if they have a demand and the locality has available land or housing, they may be considered for compensation with land of a different use purpose or housing.

- Owners of assets as defined by civil law who incur damages to their assets will be compensated for these damages; production and business entities that have to cease operations due to State land reclamation will be considered for support.

- The State has the responsibility to support landholders and asset owners to enable them to have jobs, income, and a stable life and production.

- Resettlement areas must meet the conditions for synchronous infrastructure, both technical and social, according to the detailed planning approved by the competent authority; and must also be appropriate to the cultural traditions, customs, and practices of the community where the land is reclaimed. Resettlement areas may be arranged for one or several projects.

- The provincial People’s Committee and the district People’s Committee are responsible for organizing and implementing resettlement projects to ensure proactive resettlement for landholders. The approval of compensation, support, and resettlement plans and the arrangement for resettlement must be completed before the land reclamation decision is issued.

- upon land expropriation by the State as stipulated in Articles 78 and 79 of the Land Law 2024, and the remaining parcel area after reclamation is smaller than the minimum area stipulated by the provincial People’s Committee in Clause 2, Article 220 of the Land Law 2024, if the land user agrees to the reclamation, the competent authority shall decide to reclaim the land and provide compensation, support, and manage this land area as per the law.

The funding for compensation, support in this land reclamation case as stipulated in this clause is included in the compensation, support, and resettlement funding of the investment project.

(Article 91 of the Land Law 2024)

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