Newest regulations on period of validity of the notification of land expropriation in Vietnam

Newest regulations on period of validity of the notification of land expropriation in Vietnam (Internet image) 

Newest regulations on period of validity of the notification of land expropriation in Vietnam

Based on the provisions of Article 85 of the Land Law 2024, the regulations on notification of land expropriation are as follows:

(1) Before issuing a land expropriation decision, the competent state authority must send a written notice of land expropriation to the landowner, the owner of assets attached to the land, and individuals with related rights and obligations (if any) no later than 90 days for agricultural land and 180 days for non-agricultural land. The content of the land expropriation notice includes: reasons for land expropriation; area and location of the recovered land; progress of land expropriation; plan for investigation, survey, measurement, and inventory; plan for relocating residents from the recovery area; plan for compensation, support, and resettlement.

(2) In cases where the land user, the owner of assets attached to the land, and individuals with related rights and obligations in the land expropriation area agree to allow the competent state authority to recover the land before the time specified in (1), the competent People's Committee has the authority to decide to recover the land without waiting until the end of the period specified in (1).

(3) The landowner, the owner of assets attached to the land have the responsibility to cooperate with the unit or organization performing the tasks of compensation, support, and resettlement during the investigation, survey, measurement, inventory, and the development of the compensation, support, and resettlement plan.

(4) When the land expropriation decision becomes effective and the compensation, support, and resettlement plan has been publicly approved by the competent authority, the landowner, the owner of assets attached to the land, and individuals with related rights and obligations must comply with the land expropriation decision.

(5) The effectiveness of the land expropriation notice is 12 months from the date of issuance of the land expropriation notice.

Thus, according to the regulations, the land expropriation notice will be effective for 12 months from the date of issuance of the land expropriation notice.

Regulations on complaints against land expropriation decisions in Vietnam

- The landowner, organizations, and individuals involved have the right to complain about mandatory inventory, compulsory execution of mandatory inventory, land expropriation, and forced land expropriation following the provisions of the law on complaints.

Pending a complaint resolution decision, the mandatory inventory, compulsory execution of the mandatory inventory, land expropriation decision, and forced land expropriation decision must still be implemented. If the competent state authority handling the complaint concludes that the land expropriation is illegal, the enforcement must be halted if it is incomplete; the land expropriation decision must be annulled and damages caused by the administrative decision (if any) must be compensated.

- In cases where the land expropriation involves the rights and interests of other organizations and individuals in land use, the competent state authority still conducts mandatory inventory, compulsory execution of the mandatory inventory, land expropriation, and compulsory execution of the land expropriation decision following regulations without waiting until the related rights and obligations concerning land use between the landowner and those organizations or individuals are resolved following relevant legal provisions.

(Article 40 of Decree 102/2024/ND-CP)

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