Land inventory process when the State recovers land
Land inventory is a work carried out by a competent State agency for the purpose of determining the current state of land use, making statistics on houses and properties attached to the land to obtain information for temple activities. compensate, relieve.
Time to conduct a land count
Pursuant to the provisions of Clause 1, Article 67 of the 2013 Land Law and Point c, Clause 1, Article 17 of Decree 43/2014/ND-CP, before a decision on land recovery is issued, the competent authority must notify the plan on land recovery. Tally let the people know:
- No later than 90 days for agricultural land.
- No later than 180 days for non-agricultural land.
Land inventory is a procedure that must be carried out before the State officially proceeds with land acquisition. Photo: Tien Nhat.
Normal counting process
According to Clause 1, Article 69 of the 2013 Land Law, the land inventory to get information for making compensation, support and resettlement plans is carried out as follows:
- Provincial and district People's Committees shall issue notices on land acquisition (including the plan of tally).
- Notices are sent to each household whose land is recovered, held meetings and publicly posted at the commune-level People's Committee for people to know.
- Commune-level People's Committees shall coordinate with compensation and site clearance units in conducting land survey, survey, measurement and tally.
- Land users coordinate with compensation and site clearance units to carry out the tally.
Mandatory counting process
In case people do not agree to carry out the tally, the commune-level People's Committee and the compensation and site clearance committee must organize mobilization and persuasion.
Within 10 days after being mobilized and persuaded, but still not agree, the district-level People's Committee Chairman will issue a decision on compulsory inventory. If the landowner still does not comply, a coercive tally will be carried out.
Accordingly, Clause 4, Article 70 of the 2013 Land Law stipulates that the coercive counting shall be implemented as follows:
- The unit assigned the task of coercive mobilization, persuasion and dialogue with the coerced person.
- If the person is coerced to comply, make a record and conduct investigation, survey and measurement.
- If the person being coerced does not comply, he/she will be coerced.
Complaints about land counting activities
According to Articles 7 and 9 of the Law on Complaints 2011, in case the person whose land is recovered has grounds to believe that the counting results are inaccurate, the tally is not according to the announced plan, etc., they are allowed to complain to agencies, implementing agencies, to issue decisions within 90 days from the date of detecting violations.
Within 10 days after receiving the complaint letter, the competent authority must accept the case and conduct a dialogue and issue a decision to settle the complaint within the next 45 days (60 days for remote areas). , remote areas, difficult to travel).
Within 30 days after the deadline for settling the case, but there is no decision to settle the complaint, or there is but no agreement, they are allowed to further complain to their superiors or initiate an administrative lawsuit at the Court.
According to Labor newspaper
