What are the cases of land expropriation related to national defense and security under the latest Land Law?

ReplyArticle 84 of the 2024 Land Law stipulates the following cases of land reclamation related to national defense and security:

1. In cases where national defense and security land already included in the national defense land use plan or the national security land use plan is reclaimed for transfer to localities to implement socio-economic development projects for the national and public interest as stipulated in Article 79 of this Law, the agreement of the Minister of National Defense for national defense land and the Minister of Public Security for security land is required. If there is no agreement, the provincial People's Committee is responsible for reporting to the Prime Minister for consideration and decision.

2. In cases where land must be reclaimed for national defense and security purposes but is not included in the national defense land use plan or the national security land use plan, the Minister of National Defense and the Minister of Public Security shall consult with the Ministry of Natural Resources and Environment and the People's Committee of the province where the land is located to report to the Prime Minister for consideration and approval of the land reclamation. This must be updated during the review and adjustment of the plan in accordance with the law after implementation.

3. In cases where land designated for national defense and security purposes, and assets attached to the land, must be reclaimed for transfer to local authorities to implement socio-economic development projects for national and public benefit, but the area of ​​land to be reclaimed has not been identified in the national defense land use plan or the national security land use plan as land to be transferred to local authorities, the following regulations shall apply:

a) For projects falling under the authority of the National Assembly to decide and approve investment policies according to the law on public investment, the law on investment in the form of public-private partnerships, and the law on investment, after the National Assembly decides and approves the investment policy, the Prime Minister shall consider and approve the recovery of national defense and security land and assets attached to the land to implement the project;

b) For projects under the authority of the Prime Minister to decide and approve investment policies in accordance with the law on public investment, the law on investment in the form of public-private partnerships, and the law on investment, the Prime Minister shall consider and approve the recovery of national defense and security land and assets attached to the land for the implementation of the project along with considering, deciding, approving, and approving the investment policy;
c) For public investment projects and public-private partnership investment projects not falling under the cases specified in points a and b of this clause, the provincial People's Committee shall coordinate with the Ministry of National Defense for national defense land and with the Ministry of Public Security for security land to report to the Prime Minister for consideration and approval of the recovery of national defense and security land and assets attached to the land to implement the project before making an investment decision in accordance with the law on public investment and the law on public-private partnership investment;

d) The land area belonging to the projects specified in points a, b, and c of this clause, after being reclaimed, must be updated when reviewing and adjusting the planning in accordance with the law.

PL