Some notes on land requisition in 2024 in Vietnam

Some notes on land requisition in 2024 in Vietnam​ (Image from Internet)

1. When is land requisition required according to the law in Vietnam?

According to Clause 1, Article 90 of the Land Law 2024, the State requisitions land when it is truly necessary to perform national defense, security tasks, or in the state of war, emergency situations, disaster prevention, and response.

2. What are notes on land requisition in 2024 in Vietnam?

Article 90 of the Land Law 2024 sets forth regulations on land requisition as follows:

- The decision to requisition land must be documented in writing and is effective from the time of issuance.

In urgent situations where a written decision cannot be issued, the authorized individual may decide to requisition land verbally which becomes immediately effective; the individual must confirm the verbal requisition decision in writing at the time of requisition and hand it to the landowner. Within 48 hours from the time the verbal requisition decision is made, the authority of the individual who made the verbal decision is responsible for providing a written confirmation of the land requisition and delivering it to the landowner.

- The Minister of National Defense, Minister of Public Security, Minister of Transport, Minister of Agriculture and Rural Development, Minister of Health, Minister of Industry and Trade, Minister of Natural Resources and Environment, Minister of Finance, Chairman of the Provincial People's Committee, Chairman of the District People's Committee have the authority to decide on land requisition, extend land requisition periods. The authorized person to decide on land requisition or to extend land requisition periods cannot delegate authority.

- The duration of land requisition is not more than 30 days from the effective date of the requisition decision. If the purpose of requisition is not completed at the end of the requisition period, an extension is allowed but not exceeding 30 days. The extension decision must be documented in writing and sent to the person whose land is requisitioned and the owner of the property attached to the requisitioned land before the requisition period ends.

In a state of war or emergency, the requisition period is calculated from the date of decision issuance to no more than 30 days after the cessation of the state of war or emergency.

- The landowner and the owner of the property attached to the requisitioned land must comply with the land requisition decision. If the requisition decision has been lawfully executed but the landowner does not comply, the person who decided on the land requisition may issue a forced execution decision and organize its enforcement or assign it to the Chairman of the Provincial People's Committee or Chairman of the District People's Committee where the land is located to organize enforcement.

- The authority requisitioning land is responsible for assigning organizations or individuals to manage and use the requisitioned land for the correct purpose and effectively; to return the land upon expiration of the requisition period; and to compensate for damages caused by the land requisition.

- Compensation for damages caused by land requisition shall be executed according to the following provisions:

+ If the requisitioned land is destroyed, compensation will be made in cash according to the land use right transfer price on the market at the time of payment;

+ If income loss is caused directly by land requisition, compensation will be determined based on actual income loss from the date of land delivery to the date of land return as stipulated in the land return decision. The actual income loss must be consistent with the income generated by the requisitioned land under normal conditions before the requisition;

+ If the property is damaged directly by land requisition, the compensation amount for the damage will be determined according to the property transfer price on the market at the time of payment;

+ The Chairman of the Provincial People's Committee, Chairman of the District People's Committee where the land is requisitioned shall establish a Council to determine compensation levels for damages caused by the land requisition based on the declaration documents of the land user and cadastral records. Based on the compensation amount determined by the Council, the Chairman of the Provincial People's Committee, Chairman of the District People's Committee will decide the compensation amount;

+ Compensation payment for damages due to land requisition will be made by the state budget in a one-time payment directly to the landowner and the owner of the property attached to the requisitioned land within no more than 30 days from the date the land is returned.

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