Pursuant to Clause 1, Article 89 of the 2024 Land Law, it is not allowed to forcibly recover land within a specific period of time as follows:
a) Conduct publicly, transparently, democratically, objectively, ensure order, safety, and compliance with legal regulations.
b) The time of starting the enforcement shall be within the office hours. No enforcement shall be carried out from 10:00 p.m. the previous night to 6:00 a.m. the following day; holidays and public holidays as prescribed by law, traditional holidays of ethnic minorities; within 15 days before and after the Lunar New Year holiday and other special cases that seriously affect security, politics, social order and safety, customs and practices in the locality.
c) The enforcement of the land recovery decision shall be carried out on land users, owners of assets attached to land and other subjects related to the recovered land (if any).
Thus, the State will not be allowed to enforce land recovery within the following period:
- From 10:00 the previous night to 06:00 the following morning.
- Holidays according to the provisions of law, traditional holidays of ethnic minorities.
- Within 15 days before and after the Lunar New Year holiday.
- Other special cases that seriously affect security, politics, order, social safety, customs and practices in the locality.
In addition to the times when land recovery enforcement cannot be initiated, the State will also not be allowed to carry out land recovery enforcement when one of the following conditions is not met:
- Decision on land acquisition has taken effect that the person whose land is recovered does not comply with the decision on land acquisition after the People's Committee of the commune, the Vietnam Fatherland Front Committee of the commune where the land is recovered and the agency has the function of land management or unit, organize the performance of compensation, support and resettlement that have mobilized and persuaded.
- The decision to enforce the decision on land acquisition has been publicly listed at the headquarters of the commune -level People's Committee, the common living place of the residential area where the land is recovered.
- The decision to enforce the implementation of the land recovery decision has come into effect.
- The person subject to enforcement has received a decision to enforce the implementation of the land recovery decision that has come into effect.
In case the person subject to enforcement refuses to receive the enforcement decision or is absent when the enforcement decision is handed over, the People's Committee at the commune level shall make a record.
