Conditions for land recovery for national defense and security purposes under the latest Land Law?
What are the conditions for land recovery for national defense and security purposes under the 2024 Land Law?. A matter of concern for Mr. Thai Huy Anh (Do Luong, Nghe An).
Reply: Pursuant to Article 80 of the 2024 Land Law, the grounds and conditions for land recovery for national defense and security purposes; socio-economic development for national and public interests are as follows:
- Land recovery for national defense and security purposes; socio-economic development for national and public interests must be based on the provisions of Article 78 or Article 79 of the 2024 Land Law, and must fall into one of the following cases:
+ The project is included in the annual district-level land use plan approved by the competent authority;
+ The project has an investment decision according to the provisions of the law on public investment, a decision approving the investment project according to the provisions of the law on investment under the public-private partnership method;
+ The project has had a decision approving the investment policy, a decision approving the investment policy at the same time, approving the investor, and a decision approving the investor according to the provisions of the law on investment for investment projects under the authority to approve the investment policy of the National Assembly and the Prime Minister;
+ There is a document from a competent State agency as prescribed in Article 84 of the 2024 Land Law in case of land recovery related to national defense and security.
- In case the project specified in Clause 1, Article 80 of the 2024 Land Law has a land use progress phase, land recovery shall be according to the progress of the investment project as determined in the approval document and decision on the project investment policy.
- The condition for land recovery for national defense, security, socio-economic development purposes for national and public interests is to complete the approval of compensation, support, resettlement plans and resettlement arrangements according to the provisions of the 2024 Land Law.
- Land recovery as prescribed in Clauses 26 and 27, Article 79 of the 2024 Land Law must satisfy the conditions prescribed in Clauses 1, 2 and 3, Article 80 of the 2024 Land Law and to create a land fund invested by the State for management, exploitation or land allocation and lease to investors as prescribed by law.
