Procedures for compensation, support, resettlement, and land recovery for socio-economic development according to the latest Land Law?

Reply:In Clause 1 and 2, Article 87, the 2024 Land Law clearly stipulates the order and procedures for compensation, support, resettlement, and land recovery for national defense and security purposes; socio-economic development for national and public interests.

1. Before the land recovery notice is issued, the People's Committee (PC) of the commune where the land is recovered shall preside over and coordinate with the Vietnam Fatherland Front Committee of the same level, units and organizations performing the tasks of compensation, support and resettlement and relevant agencies, organize meetings with people with land in the recovered area to disseminate and receive opinions on the following contents: Purpose, significance and importance of the project and works implemented on the land expected to be recovered; State regulations on compensation, support and resettlement policies when recovering land; Expected content of the compensation, support and resettlement plan; Expected resettlement area in case people whose land is recovered are resettled.

2. The implementation of land recovery, investigation, survey, measurement and inventory plans is regulated as follows:

- The People's Committee at the competent level to recover land issues a notice of land recovery;

- The People's Committee of the commune where the land is recovered shall send a notice of land recovery to each person whose land is recovered, the owner of the property attached to the land, and the person with related rights and obligations (if any), and at the same time post the notice of land recovery and the list of people whose land is recovered in the management area at the headquarters of the People's Committee of the commune and the common living place of the residential area where the land is recovered during the period of compensation, support, and resettlement.

In case of failure to contact or send land recovery notice to the person whose land is recovered, the owner of the property attached to the land, the person with related rights and obligations (if any), the notice shall be published in one of the central and provincial daily newspapers for 3 consecutive issues and broadcast on the central and provincial radio or television 3 times in 3 consecutive days; posted at the headquarters of the People's Committee at the commune level, the common living place of the residential area where the land is recovered, posted on the electronic information portal of the People's Committee at the district level throughout the period of compensation, support and resettlement without having to send the land recovery notice again;

- The People's Committee of the commune where the land is recovered shall coordinate with the units and organizations performing the tasks of compensation, support, and resettlement, relevant agencies, and people whose land is recovered to conduct investigations, surveys, record the current status, measure, count, make statistics, and classify the area of ​​recovered land and assets attached to the recovered land; determine the origin of the recovered land and assets attached to the recovered land;

- The People's Committee of the commune where the land is recovered shall coordinate with the units and organizations performing the tasks of compensation, support and resettlement to investigate, determine and fully count the actual damages regarding land use rights and assets attached to the recovered land; determine the people with related rights and obligations; income from the use of land and assets attached to the recovered land, resettlement and job conversion wishes;

- In case the person whose land is recovered does not cooperate in the investigation, survey, measurement and inventory, the People's Committee at the commune level shall preside over and coordinate with the Vietnam Fatherland Front Committee at the commune level where the land is recovered and the unit or organization performing the task of compensation, support and resettlement to mobilize and persuade to create consensus in implementation.

The mobilization and persuasion shall be carried out within 15 days and must be in writing. After 10 days from the end of the mobilization and persuasion, if the person whose land is to be recovered still fails to cooperate in the investigation, survey, measurement and inventory, the Chairman of the District People's Committee shall issue a decision on compulsory inventory. The person whose land is to be recovered shall be responsible for implementing the decision on compulsory inventory. If they do not comply, the Chairman of the District People's Committee shall issue a decision on compulsory enforcement of the decision on compulsory inventory and organize the enforcement in accordance with the provisions of Article 88 of this Law.

PL