The procedures, procedures and order for recovery of land for land clearance are decided by the State. People also need to learn carefully to be able to better understand this procedure. The same law firm DFC consults with the following case.
Procedures, procedures and procedures for land recovery for land clearance?
Q:Dear DFC Attorney, I would like Lawyers to help me with this matter. My house according to the local land use plan is about to be recovered so that people can pave the way. So I hope the lawyers of DFC law firm let me ask what is the order of land recovery for land clearance?
Lawyer advice:Thank you for trusting and sending advice questions about our law firm DFC, with your problem we have received, researched and asked for answers as follows.
Legal grounds
Contents of consultation
Land clearance recovery process:
In your case, we realize that the reason you have been revoked by the State is to pave the way in case of land recovery for socio-economic development so that the order of land recovery for land clearance will comply with Article 69, Land Law 2013.
Step 1: Broadcast the land clearance recovery notice
According to Clause 1, Article 67, Law on Land 2013 before the decision on land recovery no later than 90 days with agricultural land and 180 days for non-agricultural land competent agencies must send land recovery notices to individuals and households with land recovery.
In the notice, there must be plans for land recovery, survey, survey, measurement and review.
This notice is not only sent to each person whose land is located but must also be posted at the headquarters of the Commune People's Committee where the land is recovered
Step 2: Survey, survey, measure, tally
This is an activity carried out by the Commune People's Committee together with the organization to make compensation for ground clearance. The order and procedures for conducting this activity will be specified in detail in the Decision of the People's Committee of different provinces/ centrally-run cities.
However:
It is essentially understandable that this activity is to accurately determine the land use area and the properties on the land of the recovered person such as trees and construction works to conduct the price and compensation.
In order for all things to go smoothly, there must be the coordination of land users, if the land users do not intend to cooperate, the people responsible for measuring and tallying must conduct convincing mediation in 10 days where the land users are still resolutely not cooperative, the Chairman of the district People's Committee shall issue a decision on compulsory tallying.
Step 3: Make and appraise plans for compensation, support and resettlement
The compensation plan was prepared by the Commune People's Committee on the basis of obtaining opinions of people in areas where land was recovered. The compensation plan will then be publicly listed where the land is recovered as well as sent to the subject with the authority to revoke the land for approval
Step 4: Land clearance recovery
When the compensation decision is approved, it will be publicly posted to the people where the recovered land can be seized. In the event that the villagers do not hand over the land to the clearance agency, the land can be coerced to recover the land.
This is the worst case that can cause great damage to both people and the state if both sides cannot find a common voice. A good example is the case in Dong Tam, Hanoi in 2019.
The above is the whole process of land recovery clearance that the competent land recovery authorities must carry out. Hope readers have grasped these contents so that when implementing land recovery can in fact follow the activities of the authorities.
If the clearance agency does not follow the above steps, you can contact our legal call center 19006512 for the best answer.
LS. Le Minh Cong
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
