Talking to Lao Dong Newspaper, Lawyer Quach Thanh Luc - Director of Phap Tri Law Company (Hanoi Bar Association) - said that when receiving information about land acquisition, first of all, people need to determine what purpose the land is acquired for, whether it falls into the cases specified in Article 78, Article 79 of the 2024 Land Law or not?
If falling into the cases specified in Article 78, Article 79 - The State recovers land for national defense, security and socio-economic development purposes for national and public interests, the State will carry out land recovery, people do not have the right to negotiate land recovery.
If it falls under the case specified in Article 127 of the Land Law, related to the use of land to implement economic development projects with profitable purposes of enterprises, people have the right to negotiate.
When implementing the project, the investor and People's Committees at all levels will have to inform the people about the project implementation purpose, planning, land use plan and related contents. Based on this information, people can compare it with legal regulations to determine the case of land recovery.
Regarding the land recovery notice process, previously, the deadline was 90 days for agricultural land and 180 days for non-agricultural land, including residential land. However, Resolution 254 on mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the 2024 Land Law - has replaced the 90-day deadline with 60 days. Thus, the notification time for this case has been shortened.
During the above period, functional agencies will notify people in writing about the expected recovered area, recovery purpose, compensation and resettlement plan as well as related rights, regimes, and policies. These are only initial information, then functional agencies will conduct inventory.
People need to collect documents and evidence to prove the time of building the house, construction costs, as well as the legal status of the land plot, for example, has the land been granted a red book or not?
In case there is no red book, people need to find out how the cadastral records are kept in the locality. Collecting all these documents is to ensure maximum rights related to land origin, land type, assets on land and compensated values.
After the inventory process, functional agencies will summarize all documents, compare them with legal regulations to develop a draft compensation plan.
When receiving the draft compensation plan, people need to carefully check the contents directly related to their rights. For example, is the land area determined for compensation as residential land or agricultural land accurate or not; is the compensation level high or low; is the inventory of assets complete or are any works, architectural structures or assets omitted.
If inaccurate content is detected or benefits are not fully calculated, people have the right to express their opinions.
People can send documents expressing their opinions or present them directly to the Compensation and Site Clearance Board. Functional agencies will record and conduct inspections. If the plan is identified as missing, relevant contents will be supplemented; if there are no shortcomings, functional agencies will maintain the draft plan as prescribed.
After the related opinions and complaints have been considered and resolved according to procedures, functional agencies will issue a land acquisition decision and at the same time approve the compensation plan.
The decision approving the compensation plan will specifically show the rights of people whose land is recovered, including compensation for land, compensation for assets on land, resettlement plan, support for stabilizing life, support for career change, jobs, compensation for trees, crops and other related rights.
In case people believe that the approved plan is incorrect, they have the right to give opinions and exercise the right to complain according to regulations.
However, Lawyer Quach Thanh Luc noted that giving opinions or exercising the right to complain must also comply with certain deadlines according to legal regulations. Functional agencies will set specific periods during the implementation process.
In case the deadline according to regulations has expired and related issues have not been resolved definitively, functional agencies can still continue to carry out procedures, including coercion according to regulations to ensure project implementation progress. Meanwhile, people can still continue to exercise the right to complain according to legal procedures.
