Citizens should ask the Ministry of Agriculture and Environment whether it is necessary to pay compensation and support to households whose land is recovered according to the compensation plan approved before issuing the Land Reclaim Decision or not?
This citizen wondered, in Clause 5, Article 87 of the Land Law, the People's Committee at the competent level issued a decision to reclaim land within 10 days. However, according to regulations, there are 30 days from the date of approval of the plan to pay. Thus, in the case where the payment is completed on the 20th day from the date of approval of the new plan, the land user signs the handover of the site, will the People's Committee at the competent level issue a decision to reclaim the land in violation of the process?
Responding to this question, the Ministry of Agriculture and Environment said that Point c, Clause 4, Article 87 of the 2024 Land Law stipulates: Units and organizations performing compensation, support and resettlement tasks are responsible for compensation, support and resettlement arrangements according to the compensation, support and resettlement plan approved by competent authorities.
- Clause 5, Article 87 of the 2024 Land Law stipulates:
5. The People's Committee at the competent level to reclaim land shall issue a decision to reclaim land within 10 days from the date of:
a) Approving compensation, support and resettlement plans for cases where resettlement is not required;
b) People whose land is recovered are arranged for on-site resettlement and agree to receive compensation for temporary residence expenses;
c) People whose land has been recovered has been allocated land or handed over land on the field by competent authorities to build resettlement housing for themselves;
d) People whose land has been recovered and whose resettlement housing has been handed over by a competent state agency;
d) People whose land has been recovered has been handed over residential land attached to resettlement housing by a competent state agency;
e) The person whose land is recovered agrees and has received compensation to take care of his/her own residence;
g) People whose land is recovered voluntarily hand over the land to the State and have been arranged temporary residence or are paid temporary residence fees.
- Point a, Clause 3, Article 94 of the 2024 Land Law stipulates: Within 30 days from the date of the decision approving the compensation, support and resettlement plan effective, the agency, unit or organization implementing compensation must pay compensation and support to people whose land is recovered or property owners;.
Pursuant to the above legal provisions, the payment of compensation and support to people whose land is recovered or property owners is based on the decision approving the compensation, support and resettlement plan and is implemented within 30 days from the effective date of the decision approving the compensation, support and resettlement plan; the issuance of the recover decision is implemented within 10 days from the date of implementation of one of the contents specified in Clause 5, Article 87 of the 2024 Land Law.
