The Ministry of Agriculture and Environment has issued Decision 3969/QD-BNNMT announcing newly issued internal administrative procedures; amending and supplementing the land sector under the state management scope of the Ministry.
According to the decision, the procedure for land recovery for domestic organizations, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions, and economic organizations with foreign investment capital that are subject to violations of land laws as prescribed in Article 81 of the Land Law is a new procedure, assigned to the provincial level for implementation.
Implementation procedures:
Step 1: The competent authority or person sanctioning the administrative violation shall propose or the competent inspection or examination agency shall send the inspection and examination conclusion to the Chairman of the Provincial People's Committee where the land is recovered.
Step 2: Within no more than 15 days from the date of receipt of the recommendation or conclusion of the competent authority, the competent land management agency at the provincial level shall prepare a dossier for land recovery and submit it to the Chairman of the People's Committee at the same level.
Step 3: Within 05 days from the date of receipt of the dossier, the Chairman of the Provincial People's Committee is responsible for notifying the land recovery to the person whose land is recovered, the owner of the property attached to the land, and the person with related rights and obligations (if any).
Step 4: Within 10 days from the date of expiration of the notice of land recovery period, the Chairman of the Provincial People's Committee is responsible for issuing a decision to recover land and directing the implementation of the land recovery decision.
In case the land user does not comply, the land recovery decision will be enforced.
Processing time: 30 days.