1. If compensation is not satisfactory, can people refuse to return the land?
When the State reclaims land for national defense and security purposes and reclaims land for socio-economic development for national and public interests, land users have the obligation to hand over land and do not have the right to negotiate compensation prices.
In case of failure to hand over land when there is a decision to reclaim land, people will be forced to reclaim land according to the provisions of Article 87 of the 2024 Land Law as follows:
- In case the competent state agency organizes the implementation of the compensation, support and resettlement plan approved by the competent authority but the person whose land is recovered does not agree or does not cooperate, the following shall be implemented:
+ The People's Committee at the commune level shall preside over and coordinate with the Vietnam Fatherland Front Committee at the commune level where the land is recovered and the units and organizations performing the tasks of compensation, support and resettlement to mobilize and persuade to create consensus in implementation;
+ The mobilization and persuasion must be carried out within 10 days and must be expressed in writing. After 10 days from the end of the mobilization and persuasion, if the person whose land is to be recovered still does not agree or does not cooperate, the People's Committee at the competent level shall issue a decision to recover the land.
- In case the person whose land is recovered, the owner of the property attached to the land, the person with related rights and obligations does not hand over the land to the unit or organization performing the task of compensation, support and resettlement, the following shall be implemented:
+ The People's Committee at the commune level shall preside over and coordinate with the Vietnam Fatherland Front Committee at the commune level where the land is recovered and the units and organizations performing the tasks of compensation, support and resettlement to mobilize and persuade people whose land is recovered, owners of assets attached to the land, and people with related rights and obligations to hand over the land to the units and organizations performing the tasks of compensation, support and resettlement;
+ The mobilization and persuasion must be carried out within 10 days and must be expressed in writing. After 10 days from the end of the mobilization and persuasion, if the person whose land is to be recovered still does not comply with the handover of land to the unit or organization performing the task of compensation, support and resettlement, the Chairman of the District People's Committee shall issue a decision on compulsory land recovery and organize the implementation of the compulsory recovery according to the provisions of Article 89 of this Law.
Land fund development organizations and commune-level People's Committees are responsible for managing recovered land while land has not been allocated or leased according to the provisions of Clause 5, Article 86 of this Law.
However, in case there is reason to believe that the State agency's compensation plan is not in accordance with regulations, causing people's rights to be affected, people have the right to complain and initiate an administrative lawsuit against this compensation plan.
2. Unsatisfactory land compensation complaint procedures
Pursuant to Article 237 of the 2024 Land Law, land users and people with rights and obligations related to land use have the right to complain about administrative decisions or administrative acts on compensation that are not satisfactory.
- Complaint file includes the following documents:
+ Complaint form.
+ Land use rights certificate.
+ Documents related to land use process.
+ Land compensation plan of local government.
+ Decision to reclaim land to carry out compensation and site clearance.
+ Decision to approve compensation plan and support for site clearance.
+ Notice of relocation and clearance.
+ Notice of enforcement.
+ Decision on specific land prices.
+ Images, diagrams, videos proving the violation.
In case, for objective reasons, the complainant cannot submit all documents and evidence attached to the Complaint, they must submit existing documents and evidence to prove that the complainant's legitimate rights and interests have been violated.
