What is the maximum duration of land requisition in Vietnam?

What is the maximum duration of land requisition in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is the maximum duration of land requisition in Vietnam?

According to Clause 4, Article 72 of the Land Law 2013, the duration of land requisition must not exceed 30 days from the time the decision on land requisition takes effect. In a state of war or emergency, the duration of land requisition is counted from the date of issuance of the decision on land requisition, but must not exceed 30 days from the date the state of war or emergency is repealed.

In case the duration of land requisition expires but the objectives of the requisition have not been achieved, the land requisition duration may be extended for no more than 30 days. The decision to extend the land requisition must be made in writing and sent to the people whose land is requisitioned before the land acquisition duration expires.

2. Regulations on compensation for damage caused by land requisition in Vietnam

The compensation for damage caused by land requisition is prescribed as follows:

- The person whose land is requisitioned is entitled to compensation in case the requisitioned land is destroyed or his/her income is lost as a direct consequence of the land requisition;

- If the requisitioned land is destroyed, the compensation must be made in money, based on the price of land use rights transferred in the market at the payment time;

- If the person whose land is requisitioned loses income as a direct consequence of the land requisition, the compensation must be determined based on the actual loss of income from the hand-over date to the returning date of the requisitioned land which is indicated in the decision on return of the requisitioned land.

The amount of actual loss of income must be consistent with the income incurred from the requisitioned land in normal conditions prior to the requisition.

- The chairperson of the provincial- or district-level People’s Committee of the locality shall form a council to determine the level of compensation for damage caused by the land requisition based on the written declarations of the land users and cadastral records.

Based on the level of compensation determined by the council, the chairperson of the provincial- or district-level People’s Committee shall decide on the compensation;

- Compensation for damage caused by land requisition must be paid from the state budget in one-off payment and directly to the person whose land is requisitioned within 30 days from the returning date.

(Clause 7, Article 72 of the Land Law 2013)

3. Order and procedures for land requisition in Vietnam

Pursuant to Article 67 of Decree 43/2014/ND-CP on detailed provisions on order and procedures for land requisition as follows:

- A decision on or written certification of land requisition must have the following major contents:

+ Full name, position and working place of the person deciding on land requisition;

+ Name and address and the person subject to land requisition or the person currently managing and using land to be requisitioned;

+ Name and address of the organization or person to be allocated the requisitioned land;

+ Purpose and term of land requisition;

+ Position, area, type of land and assets attached to land to be requisitioned;

+ Time for handover of requisitioned land.

- The return of requisitioned land to land users after the land requisition term must comply with the following provisions:

+ The person competent to decide on land requisition shall issue a decision on return of requisitioned land and send it to the person having the requisitioned land;

+ If the person having the requisitioned land voluntarily donates land to the State, procedures for donation of land use rights shall be carried out in accordance with law.

- Responsibilities for determination of level of compensation for damage caused by land requisition are prescribed as follows:

+ The chairperson of the district-level People’s Committee of the locality where the requisitioned land is located shall determine the level of compensation for damage caused by land requisition, except the case prescribed at Point b of Clause 3 of Article 67 of Decree 43/2014/ND-CP;

+ The chairperson of the provincial-level People’s Committee of the locality where the requisitioned land is located shall determine the level of compensation for damage caused by land requisition in case the requisitioned land is within the administrative boundaries of different district-level administrative units.

- A council for determination of level of compensation for damage caused by land requisition shall be composed of:

+ The chairperson or a vice chairperson of the People’s Committee as its head;

+ Members from the natural resources and environment and finance agencies and other related members;

+ Representative of the agency of the person competent to issue the land requisition decision;

+ Representatives of the district-level People’s Court and People’s Procuracy of the locality where the land is located;

+ Members being representatives of the commune-level Vietnam Fatherland Front;

+ Representative of the person having the requisitioned land.

Ho Quoc Tuan

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