What are the four conditions for compulsory land reclamation?
What are the conditions for enforcing a land reclamation decision? This is a question a reader has sent an email with.[email protected].
Reply:According to Clause 2, Article 89 of the 2024 Land Law (effective from August 2024), the enforcement of land recovery decisions is carried out when the following conditions are met:
a) The land revocation decision has come into effect, but the landowner refuses to comply with the decision after the People's Committee of the commune, the Vietnam Fatherland Front Committee of the commune where the land is located, and the land management agency or the unit/organization responsible for compensation, support, and resettlement have attempted to persuade them;
b) The decision to enforce the land reclamation decision has been publicly posted at the headquarters of the commune-level People's Committee and at the common gathering place of the residential area where the land is being reclaimed;
c) The decision to enforce the land reclamation decision has come into effect;
d) The person subject to enforcement has received the enforcement decision to execute the land reclamation decision, which is now in effect.
If the person subject to enforcement refuses to accept the enforcement decision or is absent when the enforcement decision is delivered, the People's Committee of the commune shall draw up a record.
Therefore, the enforcement of a land reclamation decision can only be carried out when all the conditions stipulated above are met.