The order and procedures for land recovery in 2024 are specifically regulated from Articles 85 to 87 of the 2024 Land Law, specifically carried out as follows:
Step 1: The People's Committee at the competent level announces land recovery
The People's Committee at the competent level shall issue a notice on land recovery for individuals and organizations subject to recovery as prescribed in Article 83 of the 2024 Land Law, and must comply with the annual district-level land use plan approved by the competent authority.
- According to Clause 1, Article 85 of the 2024 Land Law, before having a decision to reclaim land, the competent authority must issue a notice of reclaim to land users, owners of assets attached to land, and people with related rights and obligations (if any) who know a period of time before the time of reclaimment:
+ For agricultural land: Minimum 90 days.
+ For non-agricultural land: Minimum 180 days.
- send and inform about the notice of land reclamation.
- validity of the notice: 12 months from the date of issuance.
Step 2: Conduct investigation, survey, measurement, counting, statistics
- Commune-level People's Committees coordinate with organizations in charge of site clearance to conduct investigations, surveys, measurements, and inventories at recovered land plots, and land users must coordinate to develop compensation, support and resettlement plans.
- If the land user whose land is recovered does not cooperate to investigate, survey, measure, and count, the People's Committee at the commune level, the Vietnam Fatherland Front Committee at the commune level, and the organization responsible for site clearance, organize to mobilize and persuade the people within 15 days in writing.
- After 10 days from the date of application if the land user still does not cooperate, the district-level People's Committee shall issue a decision on the compulsory counting. Land users must implement this mandatory counting decision. If they still do not comply, the People's Committee at the district level will issue a decision to enforce the mandatory counting.
Step 3: Getting opinions, developing and appraising compensation, support and resettlement plans
Organize the implementation of ground clearance to carry out the following tasks: Making compensation, support and resettlement plans for cases where the land is recovered; Coordinating with the People's Committee of the commune to organize the comments and plans in the form of a meeting directly with the people, and at the same time, the plan must be listed at the headquarters of the People's Committee of the commune and the common place of the local residential area.
The organization of collecting people's opinions must be recorded and confirmed by the People's Committee at the commune level and representatives of those whose land is recovered.
Then, within 60 days, organize site clearance and synthesize opinions in writing; Coordinate with the People's Committees at the commune level to organize a dialogue with those who do not agree with the plan, then complete the plan and submit it to the competent authority.
After having the plan, the competent authority will appraise and submit it to the People's Committee at the competent level to issue a decision approving the compensation, support and resettlement plan.
Step 4: The People's Committee at the competent level issues a decision to reclaim the land.
Step 5: Implement compensation, support and resettlement according to the approved plan.
In case the land user does not hand over to the organization for site clearance tasks, the People's Committee at the commune level, the Vietnam Fatherland Front Committee at the commune level and the organization for site clearance tasks will mobilize and persuade within 10 days.
If the land has been mobilized but still does not comply with the handover, after the above deadline, the People's Committee at the district level will issue a decision to enforce land recovery and carry out the enforcement.
Step 6: Enforcement of the implementation of the land recovery decision (if the land user does not comply)
When a person whose land is recovered after being mobilized does not comply with the issued land recovery decision, enforcement shall be carried out. In case the person subject to enforcement refuses to accept the enforcement decision/ forecast absence, the People's Committee at the commune level shall make a record.
