What is the procedure for enforcing land reclamation decisions according to the latest Land Law?
According to the 2024 Land Law, what is the procedure for enforcing land reclamation decisions? This is a question of concern to Ms. Bui Thi Hoa (Nam Dan, Nghe An).
Reply:Based on Clause 4, Article 89 of the 2024 Land Law, the enforcement of a decision to reclaim land shall be carried out according to the following procedures:
- Before carrying out the enforcement action, the Chairman of the District People's Committee shall decide to establish a Land Reclamation Enforcement Committee, comprising: the Chairman or Vice Chairman of the District People's Committee as the head of the committee; representatives from agencies with functions in inspection, justice, natural resources and environment, and construction; units and organizations responsible for compensation, support, and resettlement; representatives of the leadership of the People's Committee of the commune where the land is located as members; and other members as decided by the Chairman of the District People's Committee.
- The land reclamation enforcement committee will engage in persuasion, dialogue, and negotiation with the person being evicted; if the person complies, the land reclamation enforcement committee will draw up a record documenting the compliance. The land handover will be completed no later than 30 days from the date the record is drawn up.
If the person subject to enforcement fails to comply with the enforcement decision, the Land Reclamation Enforcement Committee shall organize the enforcement action.
- The land reclamation enforcement committee has the right to compel the person being evicted and related parties to leave the land subject to enforcement and to move their property out of the land themselves; if they fail to do so, the land reclamation enforcement committee is responsible for moving the person being evicted and related parties, along with their property, out of the land subject to enforcement.
If the person subject to enforcement refuses to accept the property, the Land Reclamation Enforcement Committee must draw up a record, organize the safekeeping of the property in accordance with the law, and notify the owner to reclaim the property.
- The land reclamation enforcement committee invites representatives from the Vietnam Fatherland Front Committee at the district level to participate in monitoring the land reclamation enforcement process.