The Ho Chi Minh City People's Committee has just issued a Decision on the Regulation on coordination in implementing compensation, support, resettlement, land recovery and coercive enforcement of land recovery decisions for projects serving national defense and security purposes; socio-economic development for national and public interests in the city.
The Regulation details the order and time of implementation step by step in the land recovery process to ensure unified coordination between agencies and units and shorten project implementation time.
The development of land recovery plans and review of cadastral records must be completed within a maximum of 10 days.
Then, within 7 days, the commune-level People's Committee must organize a meeting with people in the area where land is recovered to disseminate policies on compensation, support and resettlement before issuing a land recovery notice.
For the work of preparing compensation, support and resettlement plans, the time for counting land and assets attached to land is no more than 25 days.
The draft compensation plan will be publicly posted for a maximum of 10 days. After the posting ends, the commune-level People's Committee has a maximum of 5 days to organize to collect people's opinions.
In case there are still disagreements, the commune-level People's Committee must organize a dialogue within 30 days.
After completing the opinion collection, the compensation, support and resettlement plan is appraised within a maximum of 30 days before submitting it to the commune-level People's Committee for approval. The approval decision must be issued within 3 days from the end of the appraisal.
The payment of compensation, support and resettlement arrangement is carried out within 30 days from the date the plan is approved and takes effect.
The Regulations also specifically stipulate the handling procedures for cases where people with recovered land, owners of assets attached to land, or people with related rights and obligations do not comply with the handover of land.
Accordingly, the commune-level People's Committee will preside over and coordinate with the Vietnam Fatherland Front Committee at the same level and the unit performing the task of compensation, support, and resettlement to mobilize and persuade people to hand over land.
The time for mobilization and persuasion is implemented within 10 days and must be made in writing.
If more than 10 days after the end of the mobilization and persuasion, the person whose land is recovered still does not comply with the handover of land, the unit performing the task of compensation, support, and resettlement will coordinate with the Economic, Infrastructure and Urban Department (or the Economic Department) to advise the commune-level People's Committee to issue a decision to enforce land recovery according to the provisions of Article 89 of the Land Law.
The coercion decision must be enforced within 10 days from the date the coerced person receives the decision or from the date the commune-level People's Committee makes a record confirming the coerced person is absent or refuses to receive the decision, unless the decision stipulates a longer time.
In parallel with the issuance of the coercive decision, the Commune-level People's Committee will establish a Land Recovery Coercive Board to organize implementation.
With the clear stipulation of the responsibilities of each agency and setting the handling time at each stage, the new regulation is expected to accelerate the progress of compensation and site clearance, contributing to removing obstacles for key projects in Ho Chi Minh City.
