What are the conditions for land expropriation for national defense and security purposes according to the latest Land Law?
What are the conditions for land expropriation for national defense and security purposes according to the 2024 Land Law? This is a question of concern to Mr. Thai Huy Anh (Do Luong, Nghe An).
ReplyBased on Article 80 of the 2024 Land Law, which stipulates the grounds and conditions for land acquisition for national defense and security purposes; and socio-economic development for national and public benefit, the following applies:
- Land acquisition for national defense and security purposes; and socio-economic development for the national and public interest must be based on the provisions of Article 78 or Article 79 of the 2024 Land Law, and must fall under one of the following cases:
+ The project is included in the annual land use plan at the district level, which has been approved by the competent authority;
+ The project has received an investment decision in accordance with the law on public investment, and an investment project approval decision in accordance with the law on investment under the public-private partnership method;
+ The project has received approval for investment policy, approval for investment policy simultaneously, approval of investor, and approval of investor in accordance with the law on investment for investment projects under the authority of the National Assembly and the Prime Minister to approve investment policy;
+ There must be a written document from a competent State agency as stipulated in Article 84 of the 2024 Land Law in cases of land reclamation related to national defense and security.
- In cases where a project as stipulated in Clause 1, Article 80 of the 2024 Land Law has a phased land use schedule, land shall be reclaimed according to the progress of the investment project as determined in the approval document or decision on the investment policy of the project.
- The conditions for land acquisition for national defense, security, and socio-economic development in the national and public interest require the completion of the approval of compensation, support, and resettlement plans, as well as the arrangement of resettlement in accordance with the provisions of the 2024 Land Law.
- Land acquisition as stipulated in Clauses 26 and 27 of Article 79 of the 2024 Land Law must meet the conditions specified in Clauses 1, 2, and 3 of Article 80 of the 2024 Land Law and to create a land fund for the State to invest in, manage, exploit, or allocate/lease land to investors in accordance with the law.
