Procedures for implementing the decision to enforce land dispute settlement

Nam Dương |

A reader with email Dinhoangxxx@gmail.com asked: What are the procedures for implementing the decision to enforce land dispute settlement?

The Lao Dong Newspaper Legal Consulting Office replied:

Clause 6, Article 108, Decree 102/2024/ND-CP stipulates the order and procedures for implementing decisions on compulsory settlement of land disputes as follows:

a) Before carrying out the enforcement, the Chairman of the District People's Committee shall decide to establish a Board for the enforcement;

b) The enforcement committee shall prepare a plan to submit to the district -level People's Committee for approval. The enforcement plan must have the following basic contents: The purpose and requirements of the coercion; time, location and progress of enforcement; Means, service tools, enforcement support; components and forces participating in coercion; coordinated composition; funding for enforcement; plan to preserve the relocated property from the coercive place (if any); implementation responsibility;

c) The enforcement board mobilizes, persuades, and dialogues with the person subject to enforcement.

In case the coerced person complies with the decision to settle land disputes, the Board of enforcement shall make a record of the compliance record; The implementation of the contents of the decision to settle the land dispute shall be made right after making a record under the supervision of the coercive implementation board;

d) The enforcement committee has the right to force the coerced person and the relevant people must leave the coercive land, transfer the property out of the coercive land; If not done, the coercive implementation board shall move the coerced person and the related person with the property out of the coercive land.

In case the coerced person refuses to receive property, the enforcement committee must make a record, organize the preservation of property in accordance with the law and notify the person with the property to receive the property.

Thus, the order and procedures for implementing the decision to enforce land dispute settlement are prescribed as above.

Legal advice

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Nam Dương
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