Learn about Land Law 2013

(Baonghean) - Question: How is the enforcement of compulsory inventory decisions regulated under the Land Law (amended in 2013)?

Reply:The enforcement of compulsory inventory decisions under Article 70 of the Land Law (amended in 2013) is specifically regulated as follows:

1. Principles of compulsory implementation of compulsory inventory decisions:

a) Enforcement must be conducted publicly, democratically, objectively, ensuring order, safety, and compliance with legal regulations; b) Enforcement must begin during office hours.

2. Compulsory implementation of a compulsory inventory decision is carried out when the following conditions are met:

a) After the decision on compulsory inventory has been issued and the People's Committee of the commune, the Vietnam Fatherland Front Committee of the commune where the land is recovered and the organization in charge of compensation and site clearance have mobilized and persuaded the person whose land is recovered but he/she does not comply.

b) The decision to enforce the compulsory inventory decision has been publicly posted at the headquarters of the People's Committee of the commune where the land is recovered, at the common living place of the residential area;

c) The decision to enforce the compulsory inventory decision has come into effect;

d) The person subject to enforcement has received the effective enforcement decision. In case the person subject to enforcement refuses to receive the enforcement decision or is absent when the enforcement decision is delivered, the People's Committee at the commune level shall make a record.

3. The Chairman of the District People's Committee issues a decision to enforce the compulsory inventory decision and organizes the implementation of the enforcement decision.

4. Procedures for implementing the decision to enforce compulsory inventory:

a) The organization assigned to carry out enforcement must mobilize, persuade, and dialogue with the person subject to enforcement;

b) In case the person subject to enforcement complies with the enforcement decision, the organization assigned to carry out enforcement shall draw up a record of compliance and conduct investigation, survey, measurement, and counting. In case the person subject to enforcement fails to comply with the enforcement decision, the organization assigned to carry out enforcement shall execute the enforcement decision.

Compulsory counting and enforcement of compulsory counting decisions are new additional regulations that need to be noted.

Readers Room