Regulations on complaints against land recovery decisions

Nam Dương |

A reader with email tuyenthuxxx@gmail.com asked: How is the complaint about the land recovery decision regulated?

The Lao Dong Newspaper Legal Consulting Office replied:

Article 40, Decree 102/2024/ND-CP stipulates complaints against land recovery decisions and enforcement decisions as follows:

1. People whose land is recovered, relevant organizations and individuals have the right to complain about the compulsory counting, compulsory supervision of compulsory counting, land recovery, and compulsory land recovery according to the provisions of the law on complaints.

While there has been no decision to settle complaints, it is still necessary to continue implementing the compulsory counting decisions, coercive implementation of compulsory counting, land acquisition decisions, and land recovery decisions. In case the state agency competent to settle complaints concludes that the land acquisition is illegal, it is necessary to stop enforcement if the coercion has not been completed; Cancellation of the decision to recover land has been issued and compensation for damage caused by administrative decisions (if any).

2. In case the land acquisition is related to the rights and interests of other organizations and individuals in the use of land, the competent state agency still conducts compulsory counting, enforcing the implementation of compulsory tally, land acquisition, enforcement of the decision on land acquisition as prescribed without waiting until the settlement of rights and obligations related to the land use of the land with the land use of the land with the land use of the land.

Thus, the complaint against the land recovery decision is regulated as above.

Legal advice

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Nam Dương
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