Regulations on land acquisition under the Land Law 2003

Thu, 15 Sep 2022 10:19:00  |  Print  |  Email   Share:

According to Ms. Vo Thi Huy (Hung Yen), in 2012, the Provincial People's Committee issued a decision to recover the land of the enterprise according to Clause 3, Article 38 of the 2003 Land Law, but the value of assets on the recovered land has not been determined because the person whose land is recovered does not cooperate.

Ms. Huy asked, are there any provisions of the 2003 Land Law as well as documents guiding the implementation of the 2003 Land Law on the order and procedures for enforcement of the decision on land recovery under Clause 3, Article 38 of the Land Law 2003 or not?

If there is no such provision in the 2003 Land Law, is it possible to comply with the provisions of the Land Law 2013? If so, under what terms? Reference to apply (or transitional provision to base application)?

The General Department of Land Management, Ministry of Natural Resources and Environment responded to this issue as follows:

This content is specified in Article 132 of Decree No. 181/2004/ND-CP dated October 29, 2004 of the Government on the implementation of the Land Law as follows:

"Article 132. Order of land recovery for the cases specified in Clauses 3, 4, 5, 6, 7, 9, 10, 11 and 12, Article 38 of the Land Law

1. The land recovery for the cases specified in Clauses 3, 4, 5, 6, 9, 11 and 12, Article 38 of the Land Law shall be implemented as follows:

a) Within no more than 15 working days from the date of receipt of the inspection conclusion, the natural resources and environment agency shall have to conduct field inspection and verification when necessary; submit to the People's Committee of the same level for a decision on land recovery;

b) Within no more than 15 working days from the date of receipt of the report, the People's Committee of the competent level shall consider, sign and send it to the affiliated natural resources and environment agency for the decision on land acquisition; direct the handling to determine the residual value of the value invested in land or assets attached to land (if any) in accordance with the law.

2. The land recovery for the case specified in Clause 7, Article 38 of the Land Law shall be carried out as follows:

a) Within no more than 15 working days from the date of receipt of the death certificate or the decision on declaration of disappearance from the competent state agency and the written certification of the absence of an heir from the People's Committee of the commune or ward, the town where the land is located, the Division of Natural Resources and Environment is responsible for verifying and submitting it to the People's Committee of the same level for a decision on land acquisition;

b) Within 10 working days from the date of receipt of the report, the People's Committees of districts, towns, provincial cities are responsible for reviewing, signing and sending a land acquisition decision to the Department of Natural Resources and Environment

3. The land recovery for the case specified in Clause 10, Article 38 of the Land Law shall be carried out as follows:

a) Within no more than 30 working days from the date of expiration of the land use term, the natural resources and environment agency shall submit to the People's Committee of the same level a decision on land acquisition;

b) Within no more than 10 working days from the date of receipt of the report, the People's Committee of the competent level shall consider, sign and send it to the affiliated natural resources and environment agency for the decision on land acquisition.

By: Translator: LeAnh-Bizic

Source: https://vcci.com.vn/doanh-nghiep-nha-nuoc-phai-ban-hanh-quy-dinh-lua-chon-nha-thau

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