4 conditions for compulsory land acquisition

Nam Dương |

Reader with email toanphatxxx@gmail.com asked: What are the conditions for enforcing the implementation of land recovery decisions?

Lao Dong Newspaper Legal Consulting Office replied:

Clause 2, Article 89 of the 2024 Land Law (effective from August 2024) stipulates that enforcement of land recovery decisions is carried out when the following conditions are met:

a) The land recovery decision has come into effect but the person whose land is recovered does not comply with the land recovery decision after the People's Committee at the commune level, the Vietnam Fatherland Front Committee at the commune level where the land is recovered and the competent land management agency or the unit or organization performing the task of compensation, support and resettlement have mobilized and persuaded;

b) The decision to enforce the land recovery decision has been publicly posted at the headquarters of the People's Committee at the commune level and at the common living place of the residential area where the land is recovered;

c) The decision to enforce the land recovery decision has come into effect;

d) The person subject to enforcement has received the decision to enforce the effective land recovery decision.

In case the person subject to enforcement refuses to receive the enforcement decision or is absent when the enforcement decision is delivered, the People's Committee at the commune level shall make a record.

Thus, the enforcement of land recovery decisions can only be carried out when all the conditions prescribed above are met.

Legal advice

Please call the legal advice hotline: 0979310518; 0961360559 to receive a quick, timely answer or email us: tuvanphapluat@laodong.com.vn for a response.

Nam Dương
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