Question: In accordance with the current law, in what cases are land acquisitioned for socio-economic development in the national and public interest? Thank you for your advice!
Law Department - ACDC advises:
Pursuant to Article 62 of the 2013 Land Law on the State's land expropriation for socio-economic development in the national and public interest in the following cases:
(1) Implementing nationally important projects decided by the National Assembly on investment policies that must be recovered;
(2) Implementing projects approved by the Prime Minister and investment decisions that must be recovered, including:
- Projects for construction of industrial parks, export processing zones, high-tech parks, economic zones; new urban areas, investment projects with official development assistance (ODA);
- Projects on building the headquarters of state agencies, political organizations, socio-political organizations in the central; the headquarters of foreign organizations with diplomatic functions; historical and cultural monuments, ranked landscapes, parks, squares, monuments, memorials, national-level public non-business works;
- Projects on construction of national-level technical infrastructure including transport, irrigation, water supply, drainage, electricity and communication; conducting and containing petroleum and gas systems; national reserves; waste collection and treatment works;
(3) Implementing projects approved by the provincial-level People's Councils that must recover land including:
- Projects on construction of state offices, political organizations, socio-political organizations; historical and cultural relics, ranked landscapes, parks, squares, monuments, memorial beeres, local-level public non-business works;
- Projects to build local technical infrastructure including transport, irrigation, water supply, drainage, electricity, communication, urban lighting; waste collection and treatment works;
- Construction projects serving the common life of the residential community; resettlement projects, student housing, social housing, public housing; construction of works of religious establishments; cultural, sports and entertainment areas for public service; market; cemeteries, cemeteries, funeral homes, crematoriums;
- Projects for construction of new urban areas and new rural residential areas; urban and rural residential areas; industrial clusters; concentrated agricultural, forestry, fishery and seafood production and processing zones; projects for development of protection forests and special-use forests;
- Mining projects are licensed by competent agencies, except for the case of mining minerals as ordinary construction materials, peat and minerals in areas with dispersed and small minerals and exploiting minerals.
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