Currently, when the land price fluctuates and increases daily, the issue of land acquisition to implement investment projects is a very complicated issue with frequent complaints and lawsuits. To better understand the legal provisions related to procedures for land acquisition, site clearance for implementation of investment projects, Law Office Tran Duc Hung and Associates introduce to readers, customers The article summarizes the legal provisions related to land acquisition and site clearance in investment projects.
Order and administrative procedures for land recovery, compensation and ground clearance
The land acquisition to implement the investment project goes through the following steps:
Step 1: Notice of land acquisition
Before a decision on land recovery is issued, within 90 days for agricultural land and 180 days for non-agricultural land, a competent state agency must notify land recovery to the person whose land is recovered.
The notice of land recovery shall be sent to each person whose land is recovered, disseminated to people in the area where the land is recovered, and announced on the mass media and posted up at the headquarters of the commune-level People’s Committee. .
After notifying land recovery according to the above procedures, if the land users in the land recovery area agree, the People’s Committee of the competent level may issue a decision on land recovery and implement policies on land recovery. compensation without waiting for the expiration of the notice period. If the land user does not agree, the competent People’s Committee will wait for the expiration of the time for land recovery notice 90 days for agricultural land and 180 days for non-agricultural land to issue a decision on land recovery. and implement compensation policies.
Step 2: Develop and implement a plan for land acquisition, investigation, survey, measurement and tally of land and assets on land
Organizations in charge of compensation and site clearance include public service organizations on land or the Compensation, Support and Resettlement Council.
Commune-level People’s Committees shall coordinate with organizations in charge of compensation and ground clearance in implementing plans for land recovery, investigation, survey, measurement and tally. Land users are responsible for coordinating with organizations in charge of compensation and ground clearance to conduct investigation, survey, measurement and determination of land area, statistics on houses and other assets attached to land. land to make plans for compensation, support and resettlement.
In case the land user in the area where the land is recovered fails to cooperate with the organization in charge of compensation and ground clearance in the investigation, survey, measurement and tally, the commune-level People’s Committee shall, The Vietnam Fatherland Front Committee at the commune level where the recovered land is located, and organize the compensation and ground clearance tasks, mobilize and persuade land users to do so. Within 10 days from the date of mobilization and persuasion, if the land users still do not cooperate, the district-level People’s Committee chairperson shall issue a decision on compulsory inventory. The person whose land is recovered is responsible for implementing the decision on compulsory inventory. In case the person whose land is recovered fails to comply, the district-level People’s Committee chairperson shall issue a decision on enforcement of the decision on compulsory inventory and organize the enforcement.
Step 3: Prepare compensation plan for site clearance
The organization in charge of compensation and ground clearance is responsible for making plans for compensation, support and resettlement for each organization, individual or household whose land is recovered, on the basis of a total number of inventory data, processing relevant information of each case.
Step 4: Publicly post the compensation plan and collect comments from the people
After the detailed plan is made, the organization in charge of compensation and ground clearance shall coordinate with the People’s Committee of the commune where the recovered land is located in collecting opinions of the people, especially the subject to land expropriation. The form of consultation is: holding a meeting directly with people in the area where the land is recovered, and at the same time publicly posting the compensation, support and resettlement plan at the headquarters of the commune-level People’s Committee. common living places of the residential area where the recovered land is located. The organization of the consultation must be made in a record certified by the representative of the commune-level People’s Committee, the representative of the commune-level Vietnam Fatherland Front Committee, and the representatives of the people whose land is recovered.
The compensation, support and resettlement plan must be posted up and received comments from people in the area where the land is recovered at least 20 days from the date of posting.
Step 5: Complete the compensation plan
On the basis of comments from subjects whose land is recovered, representatives of local authorities, mass organizations, and compensation organizations receive and complete the detailed compensation, support and resettlement plan. submit it to a specialized agency for appraisal and submit it to a competent authority for approval.
Step 6: Decide on land acquisition, approve detailed compensation plan and organize implementation
Competent People’s Committees to decide on land recovery, decide on approval of compensation, support and resettlement plans on the same day specifically as follows:
Provincial-level People’s Committees shall decide on organizations, religious establishments, overseas Vietnamese, foreign organizations with diplomatic functions, foreign-invested enterprises; agricultural land belonging to the public land fund of communes, wards and townships.
District-level People’s Committees make decisions for households, individuals and residential communities; Residential land of overseas Vietnamese may own houses in Vietnam.
If there are both of the above subjects in the area, the People’s Committee of the province shall decide or authorize the People’s Committee of the district to decide.
After a decision on approval of the plan for compensation and ground clearance is issued, the organization in charge of compensation and ground clearance shall publicly post the decision approving the plan for compensation, support and resettlement at the head office. Communal-level People’s Committees and common living places of the residential areas where the recovered land is located; send a decision on compensation, support and resettlement to each person whose land is recovered, clearly stating the level of compensation, support, arrangement of resettlement house or land (if any), time and location payment of compensation and support; time for allocating houses or land for resettlement (if any) and time for handing over recovered land to organizations in charge of compensation and ground clearance. Then, organize the compensation, support and resettlement arrangement according to the approved compensation, support and resettlement plan.
Step 7: Pay compensation for site clearance
Within 30 days from the effective date of implementation of the decision on land recovery of a competent state agency, the agency or organization responsible for compensation must pay compensation and support to the land owner. recall.
In case the agency or organization responsible for compensation is late in payment, when paying compensation and support to people whose land is recovered, in addition to compensation and support according to the compensation, support and resettlement plan. If the residence is approved by a competent authority, the person whose land is recovered is also entitled to an additional payment equal to the late payment interest rate according to the provisions of the Law on Tax Administration calculated on the amount of late payment and the delay time. In case the person whose land is recovered does not receive compensation or support according to the compensation, support and resettlement plan approved by a competent authority, the compensation and support money will be deposited into the custody account of the Warehouse. state silver.
Complaint about land recovery decisions, compensation and ground clearance decisions
Complaint deadline
Land users and people with rights and obligations related to land use have the right to complain or initiate lawsuits against administrative decisions or administrative acts about decisions on land recovery, compensation and ground clearance.
The statute of limitations for filing a complaint is 90 days from the date of receiving the administrative decision or learning about the administrative decision or act. In case the complainant is unable to exercise the right to lodge a complaint according to the statute of limitations due to illness, natural disaster, enemy sabotage, business trip, study in remote places or other objective obstacles, such obstacle will be timed. does not include the statute of limitations for appeal.
Agencies competent to settle complaints
– Presidents of district-level People’s Committees shall settle complaints for the first time against their administrative decisions or acts.
– Presidents of provincial-level People’s Committees To settle complaints for the first time against their administrative decisions or acts. Settlement of second-time complaints about administrative decisions and administrative acts of district-level People’s Committee chairpersons that have been settled for the first time but still have the first-time complaint or complaint expired but have not yet been settled. Settle disputes over the competence to settle complaints between agencies and units under their management.
Complaint procedure
When there are grounds to believe that an administrative decision or administrative act is illegal and directly infringes upon his/her lawful rights and interests, the complainant shall make a first-time complaint to the person who issued the administrative decision or agencies have persons who commit administrative acts or initiate administrative lawsuits at the Court in accordance with the Law on Administrative Procedures.
In case the complainant disagrees with the first-time settlement decision or the complaint is not settled beyond the prescribed time limit, he/she has the right to make a second-time complaint to the immediate superior of the person competent to settle the complaint. Complaints for the first time or initiate an administrative lawsuit at the Court in accordance with the Law on Administrative Procedures.
In case the complainant disagrees with the second-time complaint settlement decision or the time limit expires but the complaint has not been settled, he/she has the right to initiate an administrative lawsuit at the Court in accordance with the Law on Administrative Procedures. main.
Law Office Tran Duc Hung and Associates
For support and advice on land acquisition, compensation for site clearance to best implement investment projects , please contact us with the following information:
DHP LAW
Address: L4-09.OT06 Landmark 4 Building, Vinhomes Central Park 720A Dien Bien Phu, Ward 22, Binh Thanh District, City. Ho Chi Minh.Hotline: 0986.938.627Zalo, Viber, Line: 0986.938.627Facebook: facebook.com/DHPLAW
