Chương III Thông tư 30/2014/TT-BTNMT: Hồ sơ thu hồi đất

Chapter III

APPLICATIONS FOR LAND EXPROPRIATION

Section 1. APPLICATIONS FOR LAND EXPROPRIATION FOR THE PURPOSES OF NATIONAL SECURITY; SOCIO-ECONOMIC DEVELOPMENT FOR NATIONAL AND PUBLIC INTERESTS

Article 9. Application for issuance of a notice of land expropriation

An application for issuance of the notice of land expropriation by the competent People’s Committee shall consist of:

1. A written request and the draft of the notice of land expropriation provided in the specimen No. 7 attached hereto.

In the cases where the project uses land for rice cultivation, forest protection or special-use forest for other purposes that are not granted permission to invest or approval to invest by the Prime Minister, the applicant shall obtain a written permission for land repurposing granted by the Prime Minister or a relevant resolution granted by the People’s Council of province prescribed in Clause 1 Article 58 of the Land Law and Clause 2 Article 68 of the Decree No. 43/2014/ND-CP;

2. The drawing of the location, boundary and area of the land expropriated for the project execution (included in the annual plan for land use of the district);

3. The extracted cadastral map or extracted cadastral survey of pieces of land located in the boundary of the land area expropriated for the project execution.

Article 10. Applications for issuance of decisions on compulsory tally and decisions on enforcement thereof

1. An application for issuance of the decision on compulsory expropriation by the People’s Committee of district shall include:

a) A notice of land expropriation;

b) A written request for compulsory tally made by an organization responsible for making compensation;

c) A report made by the People’s Committee of commune/ward/townlet (hereinafter referred to as “People’s Committee of commune") where land is expropriated on the progress thereof and persuading the land user to comply with regulations for carrying out investigation, survey, measurement and tally;

dd) The extracted cadastral map or extracted cadastral survey of the piece of land (available when the application for the notice of land expropriation is made);

dd) A written request and the draft of decision on compulsory tally provided in the specimen No. 8 attached hereto.

2. An application submitted to the People’s Committee of district for issuance of the decision on compulsory tally made by the Department of Natural Resources and Environment of district shall include:

a) A decision on compulsory tally;

b) A written request for enforcement of compulsory tally made by the organization responsible for making compensation;

c) A written request and a draft of the decision on enforcement of compulsory tally provided in the specimen No. 9 attached hereto.

Article 11. Applications for issuance of decisions on land expropriation and decisions on enforcement thereof

1. An application for issuance of the decision on land expropriation by the competent People’s Committee shall consist of:

a) A notice of land expropriation;

b) A draft of assessed plans for compensation, assistance and relocation and a document on collection of comments of the entity whose land is expropriated;

c) Either of the certificate of land use rights, certificate of house ownership and land use rights, the certificate of land use rights, house ownership and other property pertaining to land or any documents on land use rights specified in Article 100 of the Land Law and Article 18 of the Decree No. 43/2014/ND-CP (if any);

d) The extracted cadastral map or extracted cadastral survey of the piece of land (available when the application for the notice of land expropriation is made);

dd) A written request and the draft of decision on land expropriation provided in the specimen No. 10 attached hereto.

2. An application for issuance of the decision on enforcement of land expropriation by the People’s Committee of district shall include:

a) A decision on land expropriation;

b) A written request for enforcement of land expropriation made by the organization responsible for making compensation;

c) A report made by the People’s Committee of commune where land is expropriated on the progress thereof and persuading the entity whose land is expropriated but not complying with regulations on transferring land to the organization responsible for making compensation;

d) A written request and the draft of decision on enforcement of land expropriation provided in the specimen No. 11 attached hereto.

Section 2. APPLICATIONS FOR LAND EXPROPRIATION DUE TO VIOLATIONS AGAINST REGULATIONS OF LAW ON LAND, TERMINATION OF LAND USE, VOLUNTARY RETURN OF LAND OR THREAT TO HUMAN LIFE

Article 12. Applications for issuance of decisions on land expropriation and decisions on enforcement thereof due to violations against regulations of law on land

1. An application for issuance of the decision on land expropriation by the competent People’s Committee shall consist of:

a) A record on administration violations in case of the violations specified in Points a, b, dd and e Clause 1 Article 64 of the Land Law (available when penalties for such administration violation are imposed);

b) A record on determination of violations in case of the violations specified in Points c, d, g, h and i Clause 1 Article 64 of the Land Law (available when administration violations are inspected);

c) Either of the certificate of land use rights, certificate of house ownership and land use rights, the certificate of land use rights, house ownership and other property pertaining to land or any documents on land use rights specified in Article 100 of the Land Law and Article 18 of the Decree No. 43/2014/ND-CP (if any);

d) An on-site inspection record made by the natural resource and environmental authority (if any);

dd) The extracted cadastral map or extracted cadastral survey of the piece of land;

e) A written request and the draft of decision on land expropriation provided in the specimen No. 10 attached hereto.

2. An application for issuance of the decision on enforcement of land expropriation by the competent People’s Committee shall consist of:

a) A decision on land expropriation;

b) A report made by the natural resource and environmental authority on disseminating and persuading the entity whose land is expropriated but not complying with the decision on land expropriation;

c) A written request and the draft of decision on enforcement of land expropriation provided in the specimen No. 11 attached hereto.

Article 13. Applications for issuance of decisions on land expropriation or decisions on enforcement thereof due to termination of land use, voluntary return of land or threat to human life

1. An application for issuance of the decision on land expropriation due to termination of land use stated in Point a Clause 1 Article 65 of the Land Law shall include:

a) A document on notification or return of land in case of an organization whose land is allocated by the State with or without collection of land levy and the land levy is paid from the state budget or land lease with annual land rental now moving to another place, declining demand for use or no longer using land;

b) A decision on dissolution or bankruptcy if land is expropriated by the organization whose land is allocated by the State with or without collection of land levy and the land levy is paid from the state budget or land lease with annual land rental now being dissolved or bankrupt;

c) Either of the certificate of land use rights, certificate of house ownership and land use rights, the certificate of land use rights, house ownership and other property pertaining to land or any documents on land use rights specified in Article 100 of the Land Law and Article 18 of the Decree No. 43/2014/ND-CP (if any);

d) An on-site inspection record made by the natural resource and environmental authority (if any);

dd) The extracted cadastral map or extracted cadastral survey of the piece of land;

e) A written request and the draft of decision on land expropriation provided in the specimen No. 10 attached hereto.

2. An application for issuance of the decision on land expropriation due to termination of land use stated in Point b Clause 1 Article 65 of the Land Law shall include:

a) The death certificate or a decision stated the death of the land user;

b) A written confirmation of no heir made by the People’s Committee of commune where the dead land user resides;

c) The documents specified in Points c, d, dd and e Clause 1 this Article.

3. An application for issuance of the decision on land expropriation due to return of land voluntarily carried out by the land user stated in Point c Clause 1 Article 65 of the Land Law shall include:

a) A document on land return carried out by the land user or a written confirmation thereof made by the People’s Committee of commune;

b) The documents specified in Points c, d, dd and e Clause 1 this Article.

4. An application for the decision on land expropriation due to termination of land use stated in Point d Clause 1 Article 65 of the Land Law shall include:

a) The decision on land allocation/lease or the Land Lease Agreement;

b) A notice given to the land user stated that he/she is not permitted to extend the land use;

c) The documents specified in Points c, d, dd and e Clause 1 this Article.

5. An application for the decision on land expropriation due to threat to human life stated in Points dd and e Clause 1 Article 65 of the Land Law shall include:

a) A document made by the competent authority on determining the extent of environmental pollution, landslides, subsidence, affected by other natural disasters that threaten human life;

b) Documents specified in Points c, d, dd and e Clause 1 this Article.

6. An application for the decision on enforcement of land expropriation due to termination of land use or threat to human life shall consist of the documents stated in Clause 2 Article 12 herein.