Newest regulations on order of execution of the enforcement of land expropriation decisions in Vietnam

Newest regulations on order of execution of the enforcement of land expropriation decisions in Vietnam​ (Image from the Internet)

1. Newest regulations on order of execution of the enforcement of land expropriation decisions in Vietnam

According to Clause 4, Article 89 of the Land Law 2024, the sequence for executing a decision to force land recovery is as follows:

- Before proceeding with enforcement, the Chairman of the District People's Committee decides to establish the Forced Land Recovery Committee, which includes the Chairman or Vice Chairman of the District People's Committee as the head; representatives from inspection, judicial, natural resources and environment, construction agencies; units or organizations responsible for compensation, support, and resettlement; representatives of the Commune People's Committee leadership where the land is being recovered are members, and other members as decided by the Chairman of the District People's Committee;

- The Forced Land Recovery Committee persuades, convinces, and dialogues with the person subject to enforcement; if the enforced person complies, the Forced Land Recovery Committee records the compliance in writing. Land handover must be done no later than 30 days from the date of the compliance recording.

In the event the enforced person does not comply with the enforcement decision, the Forced Land Recovery Committee will organize the enforcement;

- The Forced Land Recovery Committee has the authority to compel the person subject to enforcement and related persons to leave the enforced land and to move assets themselves from the enforced land; if not done, the Forced Land Recovery Committee is responsible for relocating the enforced person, related persons, and their assets from the enforced land.

If the enforced person refuses to receive assets, the Forced Land Recovery Committee must record this in writing, organize the asset preservation according to legal regulations, and notify the asset owner to reclaim their assets;

- The Forced Land Recovery Committee invites representatives of the District Vietnamese Fatherland Front Committee to supervise the enforcement of land recovery.

2. Responsibilities of Agencies, Organizations, and Individuals in Executing the enforcement of land expropriation decisions in Vietnam

The responsibilities of agencies, organizations, and individuals in executing the enforcement of land expropriation decisions are specifically stipulated in Clause 5, Article 89 of the Land Law 2024:

- The District People's Committee is responsible for organizing enforcement, resolving complaints related to enforcement as per legal regulations on complaints; ensuring necessary conditions and means for enforcement; allocating funds for land recovery enforcement;

- The Forced Land Recovery Committee is responsible for drafting the enforcement plan and budget estimate for enforcement activities for approval by the District People's Committee; handing over land to units or organizations responsible for compensation, support, and resettlement.

If there are assets on the recovered land, asset preservation is conducted according to Government of Vietnam regulations; the asset owner is responsible for the associated preservation costs;

- The Police force is responsible for ensuring order and safety during the enforcement process of executing the enforcement of land expropriation decisions;

- The Commune People's Committee where the land is being recovered is responsible for cooperating with relevant agencies and units to publicize and deliver enforcement decisions for land recovery; participating in enforcement implementation; cooperating with the Forced Land Recovery Committee in sealing and relocating the assets of enforced persons.

- Other relevant agencies, organizations, and individuals are responsible for cooperating with the Forced Land Recovery Committee in executing land recovery enforcement when requested by the Forced Land Recovery Committee.

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