Which agency has the authority to reclaim land?

(Baonghean) - Question: The 2013 Land Law stipulates what grounds must be used when reclaiming land, and which agency has the authority to reclaim land?

Reply:Firstly, land expropriation for national defense and security purposes, and for socio-economic development in the national and public interest, must be based on the following grounds:

The project falls under the land acquisition cases stipulated in Article 61 (regulations on land acquisition for national defense and security purposes) and Article 62 (regulations on land acquisition for socio-economic development for national and public benefit); the annual land use plan at the district level has been approved by the competent State agency; and the land use progress for the project. In addition, land acquisition due to violations of land law (according to Article 64); land acquisition due to termination of land use according to law, voluntary, or posing a threat to human life (according to Article 65) must be carried out in writing by the competent agency or person as prescribed by the Government.

Secondly, the authority to reclaim land as stipulated in Article 66 of the Land Law (amended in 2013) is as follows:

1. The provincial People's Committee decides on land reclamation in the following cases:

- Land reclamation from religious organizations and establishments, Vietnamese people residing abroad, foreign organizations with diplomatic functions, and enterprises with foreign investment capital, except for cases specified in Point b, Clause 2 of this Article;

- Reclaiming agricultural land belonging to the public land fund of communes, wards, and towns.

2. The People's Committee at the district level decides on land reclamation in the following cases:

- Land reclamation from households, individuals, and residential communities;

- Reclaiming residential land from Vietnamese citizens residing abroad who own houses in Vietnam.

3. In cases where the land acquisition area includes both subjects specified in Clause 1 and Clause 2 of this Article, the Provincial People's Committee shall decide on the land acquisition or authorize the District People's Committee to decide on the land acquisition.

This law came into effect on July 1, 2014.

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