When can land be reclaimed for socio-economic development?

Reply:Cases of land expropriation for socio-economic development.

According to Article 79 of the 2024 Land Law, the State reclaims land for socio-economic development in the national and public interest to maximize land resources, improve land use efficiency, develop socio-economic infrastructure in a modern direction, implement social welfare policies, protect the environment, and preserve cultural heritage.

Specifically, cases of land acquisition for socio-economic development include:

- Construction of transportation infrastructure (highways, roads, urban roads, etc.);

- Construction of irrigation works (dikes, embankments, sluices, dams, spillways, reservoirs, etc.);

- Construction of water supply and drainage facilities (water treatment plants; water pumping stations; water tanks, water towers, etc.);

- Construction of waste treatment facilities (transfer stations; landfills, etc.);

- Construction of energy and public lighting facilities (power plants and auxiliary power plant facilities; dams, embankments, reservoirs, water conduits serving hydroelectric power plants, etc.);

- Construction of oil and gas facilities (offshore platforms, facilities serving oil and gas exploration and processing, oil refineries, gas processing plants, biofuel production plants, etc.);

- Construction of postal, telecommunications, and information technology infrastructure (other related technical infrastructure for installing telecommunications equipment; data centers; ...);

- Construct local markets and wholesale markets;

- Construction of religious structures (communal houses, temples, shrines, and other legally recognized religious buildings);

- Construction of religious buildings (headquarters of religious organizations, affiliated religious organizations; temples, churches, chapels, mosques, shrines, etc.);

- Construct public recreational areas and community spaces (parks, gardens, beaches, and other areas for public recreation...);

- To construct headquarters for agencies of the Communist Party of Vietnam, State agencies, the Vietnam Fatherland Front, political-social organizations, political-social-professional organizations, social-professional organizations, social organizations, and other organizations established according to the provisions of law that are assigned tasks by the State and receive regular operating funding support;

- To construct headquarters or representative offices of public service units under the direct control of the Communist Party of Vietnam, state agencies, and socio-political organizations;

- Construction of cultural facilities, historical and cultural relics, scenic spots (conference centers, theaters, cultural centers, cultural palaces, clubs, cinemas, circuses, etc.);

- Establishing or authorizing the operation of state-run medical and social service facilities (medical examination and treatment facilities; rehabilitation facilities; preventive health facilities, etc.);

- Establishing educational and training facilities that are established or permitted to operate by the State (nurseries, kindergartens, preschools, general education institutions, etc.);

- Construction of physical education and sports facilities established or licensed by the State (sports complexes, training centers for athletes, etc.);

- Establishing or authorizing state-run scientific and technological infrastructure (research and development organizations, scientific and technological services, etc.);

- Building diplomatic infrastructure (headquarters of embassies, consulates, etc.);

- Construction of projects related to environmental management, biodiversity conservation, meteorology, hydrology, vehicle registration, and animal and plant quarantine;

- Implementing investment projects for the construction of social housing, housing for the People's Armed Forces, except in cases of agreements on land use rights; investment projects for the construction of public housing; investment projects for the renovation and reconstruction of apartment buildings, except in cases where the apartment owners agree to transfer land use rights to the investor to implement the investment project for the renovation and reconstruction of the apartment building;

- Implementing projects to build industrial parks, industrial clusters, high-tech zones, high-tech agricultural zones; concentrated information technology zones; high-tech forestry zones; and free trade zones within economic zones;

- Implement large-scale, concentrated agricultural, forestry, aquatic, and marine product production and processing projects with integrated shared infrastructure from production to processing, serving multiple districts, provinces, or regions; and projects for planting and preserving medicinal plant genes to develop traditional medicine.

- Carrying out land reclamation activities;

- Mineral extraction activities are licensed by the competent authority;

- Projects in areas adjacent to transportation hubs and routes with potential for development;

- Implementing investment projects for the construction of mixed-use urban areas with integrated technical and social infrastructure systems, along with housing, in accordance with construction laws, for new construction or urban renovation and upgrading; and rural residential area projects;

- Cemeteries, funeral homes, crematoriums, and facilities for storing cremated remains;

- Implement projects to allocate residential and production land for ethnic minorities in order to implement land policies for ethnic minorities;

- Constructing above-ground structures to support the operation, exploitation, and use of underground facilities;

- Implement projects approved by the National Assembly and the Prime Minister, and decisions on investment policies;

- Projects and works for the national or public interest.

Note: The location and area of ​​land to be reclaimed can be known in advance because the annual land use plan of the district level specifies the location and area of ​​land to be reclaimed, and according to regulations, the annual land use plan of the district level must be made public.

Therefore, land can only be reclaimed for socio-economic development in the national and public interest if it is part of projects falling under the above-mentioned categories.

- Compensation will not be based on market value but will be based on the specific land price (State-determined price) for each location and at each specific time, as decided by the Provincial or District People's Committee.

Those whose land is expropriated for socio-economic development in the national or public interest have an obligation to comply; failure to comply will result in coercive measures. If they disagree with the compensation price or the expropriation decision, they have the right to appeal or file a lawsuit (provided there are grounds for doing so).