Does the district-level People's Committee have the authority to reclaim land?
Does the People's Committee at the district level have the authority to reclaim land? This is a question of concern to Mr. Nguyen Cong Hoa (Tan Ky, Nghe An).
ReplyThe authority of the district-level People's Committee to revoke land use rights is stipulated in Clause 2, Article 83 of the 2024 Land Law as follows:
Article 83. Authority to reclaim land and handle cases of land and property attached to the land that are public assets.
1. The People's Committee at the provincial level shall decide on the land reclamation from domestic organizations, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions, and economic organizations with foreign investment capital in the cases stipulated in Articles 81 and 82 of this Law.
2. The People's Committee at the district level decides on land reclamation in the following cases:
a) Land reclamation in cases stipulated in Articles 78 and 79 of this Law shall not discriminate between land users, organizations, and individuals currently managing or possessing the land;
b) Land reclamation from households, individuals, and residential communities in the cases stipulated in Articles 81 and 82 of this Law.
3. In cases where land use rights and assets attached to the land are public assets subject to land reclamation as stipulated in this Law, the rearrangement and disposal of public assets under the law on the management and use of public assets shall not be required.
Therefore, the People's Committee at the district level will have the authority to reclaim land in the following cases:
- Land will be reclaimed for national defense and security purposes without distinction between land users, organizations, and individuals currently managing or possessing the land.
- Land reclamation applies to households, individuals, and residential communities in the following cases:
+ Land is reclaimed due to violations of land laws.
+ Land is reclaimed due to the termination of land use according to law, voluntary return of land, risk to human life, or inability to continue using it.
