Principles for enforcement of land expropriation decisions in Vietnam

Principles for enforcement of land expropriation decisions in Vietnam (Image from Internet)

1. Principles for enforcement of land expropriation decisions in Vietnam

According to Clause 1, Article 89 of the Land Law 2024, the enforcement of land expropriation decisions in Vietnam must ensure the following principles:

- Proceed publicly, transparently, democratically, objectively, and ensure order, safety, and compliance with the law;

- The enforcement process must begin during official working hours. No enforcement shall be carried out between 10 PM of the previous day and 6 AM of the next day; on weekends, public holidays as prescribed by law, traditional holidays of the ethnic communities; within 15 days before and after the Lunar New Year holiday, and other special cases that seriously affect security, politics, public order, safety, customs, and practices in the locality;

- Enforcement of the land expropriation decision is applied to land users, property owners on the land, and other related subjects to the recovered land (if any).

Additionally, to enforce a land expropriation decision, the following conditions must be met:

- The land expropriation decision is effective, but the landholder does not comply after the local People's Committee, the Vietnam Fatherland Front Committee at the local level where the land is recovered, and the competent land management agency or unit responsible for compensation, support, resettlement have persuaded them;

- The enforcement decision to implement the land expropriation decision has been publicly posted at the office of the local People's Committee and the common living area of the residential community where the land is recovered;

- The enforcement decision to implement the land expropriation decision is effective;

- The person being enforced has received the effective enforcement decision to implement the land expropriation decision.

In cases where the person being enforced refuses to receive the enforcement decision or is absent when the enforcement decision is delivered, the local People's Committee shall make a record. (According to Clause 2, Article 89 of the Land Law 2024).

2. Guidelines for filing complains about land expropriation decisions and enforcement decisions in Vietnam

The process for complaining about land expropriation decisions and enforcement decisions is specifically detailed in Article 40 of Decree 102/2024/ND-CP as follows:

- Landholders, organizations, and individuals involved have the right to complain about compulsory measurement, enforcement of compulsory measurement, land expropriation, and enforcement of land expropriation according to the law on complaints.

While waiting for the resolution of the complaint, the compulsory measurement, enforcement of compulsory measurement, land expropriation decision, and enforcement decision to recover land must still be implemented. If the competent state agency concludes that the land expropriation is illegal, enforcement must stop if it hasn't been completed; the issued land expropriation decision must be canceled, and compensation for damages caused by the administrative decision (if any) must be provided.

- In cases where land expropriation involves the rights and interests of other organizations and individuals in land use, the competent state agency shall still proceed with compulsory measurement, enforcement of compulsory measurement, land expropriation, and enforcement of the land expropriation decision as prescribed without waiting for the resolution of related land use rights and obligations issues between the landholder and the respective organization or individual according to the relevant laws.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE