Conditions for enforcement against people whose land is recovered without cooperation

Huy Hùng |

The Ministry of Agriculture and Environment answers questions about the conditions for enforcement when reclaiming land.

Citizens send questions to the Ministry of Agriculture and Environment with the content:

I am a civil servant assigned to carry out compensation and site clearance work to implement Project A. During the implementation of land acquisition procedures, I encountered some problems, specifically as follows:

Mr. B is the person whose land is affected by the project. Mr. B attended a meeting with households in the land acquisition area to disseminate project information, collect opinions and have their names on the list of attractions at the meeting.

After that, I invited Mr. B to the area where the land was recovered to conduct investigation, survey, measurement and inventory work according to regulations. However, although Mr. B arrived at the scene, he did not coordinate in implementing it, left halfway and did not sign the Land Acquisition Notice as well as the Minutes confirming the investigation, survey, measurement, and counting contents.

Since then, I have not been able to contact Mr. B to continue discussing and carrying out procedures related to land recovery, compensation, and support.

So, in the above case, I would like to ask: can the agency implementing site clearance advise on the implementation of the mandatory counting process according to the provisions of law or do other steps and procedures need to be carried out to ensure the correct order and legal basis?

Responding to this content, the Department of Land Management said:

Article 87 of the 2024 Land Law stipulates the order and procedures for compensation, support, resettlement, and land recovery for national defense and security purposes; socio-economic development for national and public interests.

In Section IV, Part II of Appendix I issued with Decree No. 151/2025/ND-CP, in cases where people whose land is recovered or property owners do not cooperate in investigation, survey, measurement, and inventory, 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 unit or organization to carry out the task of compensation, support, and resettlement to mobilize and persuade to create consensus in conducting investigations, surveys, measurements, and counting. The organization of mobilization and persuasion was conducted within 15 days and must be expressed in writing.

After 10 days from the end of the campaign and persuasion period, if the people whose land is recovered do not cooperate in investigation, survey, measurement, and counting, the Chairman of the People's Committee at the commune level shall issue a decision on compulsory counting. The person whose land is recovered is responsible for implementing the mandatory inventory decision.

The Chairman of the People's Committee at the commune level issued a decision to enforce the implementation of the compulsory counting decision in cases where people whose land is recovered or property owners do not comply with the compulsory counting decision and organize the enforcement according to regulations.

Huy Hùng
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