Procedures for enforcing land recovery decisions according to the latest Land Law?
According to the 2024 Land Law, what is the procedure for enforcing the decision to reclaim land? This is a matter of concern for Ms. Bui Thi Hoa (Nam Dan, Nghe An).
Reply:Pursuant to Clause 4, Article 89 of the 2024 Land Law, the implementation of the decision to enforce the land recovery decision shall be carried out in accordance with the following order and procedures:
- Before carrying out enforcement, the Chairman of the District People's Committee decides to establish a Land Reclamation Enforcement Board, including: the Chairman or Vice Chairman of the District People's Committee as the head of the board; representatives of agencies with functions of inspection, justice, natural resources and environment, construction; units and organizations performing the tasks of compensation, support, and resettlement; representatives of the leaders of the Commune People's Committee where the land is recovered as members and other members decided by the Chairman of the District People's Committee;
- The land recovery enforcement committee mobilizes, persuades, and dialogues with the person subject to enforcement; if the person subject to enforcement complies, the land recovery enforcement committee shall draw up a record of compliance. The land handover shall be carried out no later than 30 days from the date of the record.
In case the person subject to enforcement does not comply with the enforcement decision, the Land Recovery Enforcement Board shall organize the enforcement;
- The Land Reclamation Enforcement Board has the right to force the person being enforced and related people to leave the enforced land area and move their assets out of the enforced land area; if they do not comply, the Land Reclamation Enforcement Board is responsible for moving the person being enforced and related people and their assets out of the enforced land area.
In case the person subject to enforcement refuses to receive the property, the Land Enforcement Board must make a record, organize the preservation of the property according to the provisions of law and notify the property owner to receive the property back;
- The land recovery enforcement committee invites representatives of the Vietnam Fatherland Front Committee at the district level to participate in supervising the land recovery enforcement.