Regarding the legal provisions on land, I would like to ask: Do commune-level People’s Committees have right to recover land from households in Vietnam?
Pursuant to Clauses 1 and 2, Article 66 of the 2013 Land Law, competence to recover land is as follows:
1. Provincial-level People’s Committee may decide on land expropriation in the following cases:
a/ Recovery of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case prescribed at Point b, Clause 2 of this Article;
b/ Recovery of agricultural land which is part of the public land funds of communes, wards or townships.
2. District-level People’s Committees may decide on land expropriation in the following cases:
a/ Recovery of land from households, individuals and communities;
b/ Recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam.
Thus, with the right to recover land from households in Vietnam, it belongs to the District-level People’s Committees. Currently, there is no document allowing this land recovery authority to belong to the commune-level People’s Committees.
Best Regards!