Article 79 of the law clearly states: The State recovers land in cases where it is absolutely necessary to implement socio-economic development projects for national and public benefits in order to promote land resources and improve efficiency. land use, modern socio-economic infrastructure development, implementation of social security policies, environmental protection and cultural heritage preservation in 32 cases.
Specifically, land is recovered to build works: traffic, irrigation; water supply and drainage; waste treatment; energy, public lighting; Oil and Gas; postal, telecommunications, and information technology infrastructure; People's markets, wholesale markets; beliefs; religion.
Land is also recovered to build public amusement and entertainment areas and community activities; headquarters of the Communist Party of Vietnam, state agencies, Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, socio-professional organizations, organizations Social and other organizations established in accordance with the law are assigned tasks and supported by the State with regular operating expenses; Building headquarters or representative offices of public service units under the Communist Party of Vietnam, state agencies, and socio-political organizations.
Besides, it is building cultural facilities, historical-cultural relics, and scenic spots; Medical facilities and social service facilities established or permitted to operate by the State; educational and training establishments established or permitted to operate by the State; fitness and sports facilities established or permitted to operate by the State; science and technology establishments established or permitted to operate by the State; diplomatic facilities; Non-business projects on environmental treatment, biodiversity conservation, meteorology, hydrology, registration and quarantine of animals and plants.
Land recovery is also aimed at implementing investment projects to build social housing and housing for the people's armed forces, except in cases of agreement on receiving land use rights; investment projects to build public housing; Investment projects to renovate and rebuild apartment buildings, except in cases where the apartment owner agrees to transfer land use rights to the investor to carry out investment projects to renovate and rebuild apartment buildings. residing according to the provisions of the Housing Law; resettlement project
Implementing industrial park and industrial cluster projects; High-tech Zone; high-tech agricultural zones; centralized information technology park; forestry park applying high technology; non-tariff area in economic zones;
Implementing a large-scale concentrated agricultural, forestry, fishery and seafood production and processing zone project with a synchronous focus on shared infrastructure from production to processing of agricultural and forestry products. products, aquatic products, seafood served on an inter-district, inter-provincial or inter-regional scale; Project on planting and preserving medicinal plant genes to develop traditional medicinal herbs;
Carry out sea reclamation activities; Mineral exploitation activities have been licensed by competent state agencies, including construction items serving mineral exploitation and processing associated with the mining area and safety protection corridors for mining. Exploitation requires land recovery; Projects in the vicinity of traffic connection points and traffic routes with development potential.
In addition, we also carry out investment projects to build urban areas with mixed service functions, synchronizing technical infrastructure systems, social infrastructure with housing according to the provisions of construction law to build new or urban renovation and embellishment; rural residential projects; cemeteries, funeral homes, cremation facilities, ashes storage facilities; Implement a project to allocate residential land and production land for ethnic minorities to implement land policies for ethnic minorities according to the provisions of this Law.
Construction of works on the ground to serve the operation, exploitation and use of underground works; Implement projects that have been approved by the National Assembly and the Prime Minister and whose investment policies have been decided according to the provisions of law;
In case of land recovery to carry out projects or works for the national or public interest that do not fall into the cases specified above, the National Assembly shall amend and supplement the land recovery cases of Article 79 in order. , shortened procedure.
What grounds and conditions?
The Land Law (amended) also clearly stipulates that land recovery for socio-economic development for national and public benefits must fall under one of the following cases:
The project is included in the district-level annual land use plan approved by the competent authority;
The project has had an investment decision according to the provisions of law on public investment, a decision to approve the investment project according to the provisions of law on investment in the public-private partnership method;
The project has a decision approving the investment policy, a decision approving the investment policy and also approving the investor, a decision approving the investor according to the provisions of investment law for investment projects. investment falls under the authority of the National Assembly and the Prime Minister to approve investment policies.
There is a document from a competent state agency specified in Article 84 of this Law in case of land recovery related to national defense and security.
In case the project has divergent land use progress, the land will be recovered according to the progress of the investment project as determined in the written approval or decision on investment policy of the project.
“The condition for land recovery for socio-economic development for national and public benefits is to complete the approval of compensation, support, resettlement plans and resettlement arrangements according to the provisions of this law", according to clause 3, article 80 of the Land Law (amended).
