COMPENSATION CONSULTANT CLEARANCE

Compensation and support as the State conducting land acquisition is an issue receiving the most attention from the whole society. In theory, may be considered "land acquisition" is a privilege that only a single entity as a new State. This privilege is recognized in Paragraph 3, Article 54, Constitution of 2013, "the State recovers land held by individuals are used in cases where it is necessary by law for the purpose of national defense and security; economic development - social as national interests, public ". To concretize this issue, the Land Law 2013 provides for implementation of the State case land acquisition include: Land acquisition for the purpose of national defense and security; recovery of land for economic development - social as national interests, public; land acquisition for violating the law on land; land acquisition due to termination of the use of land according to law, the voluntary return of land, which threaten human life.

clearance compensation

However, when conducting land acquisition in specific cases, the State must comply with the order and procedures in a certain time period and a problem Attorneys Ha Do want to mention in this article that the issue of compensation and assistance for the State to recover land or be familiar call the "Compensation and assistance for clearance".

Basically, the procedure for conducting land acquisition and implementation of compensation and assistance when the State recovers land follow these steps:

Step 1: Notification land acquisition
Step 2: Land Acquisition
Step 3: Inventory of land and property on the land
Step 4: Prepare the compensation, support and resettlement
Step 5: Publicly post embodiment of the people's opinion
Step 6: Complete Option:
Step 7: To approve the detailed plans and organize implementation
Step 8: Organize pay compensation:
Step 9: Hand over the ground, forced eviction
Clearance

Compared with the 2003 Land Law, the Land Law of 2013 had some innovative content in the field of compensation and site clearance. Specifically as follows:

First, the principle of compensation:

Separation of land compensation principles and the principle of compensation for damage to property and stop production, business when the State recovers land into two separate articles (Article 74 and Article 88). In it, specifying the land compensation principles and the principles of compensation for damages to assets attached to land when the State recovers land for the implementing agencies and land acquisition grounded system Best done.

Second, specific provisions and clarify the conditions for the payment of compensation for the purposes and objects recovered:

Adding two cases land compensation when the State recovers land as stipulated in Article 75.

Clearance

These are points to be considered would address the problems in the compensation, support when the State recovers land that the 2003 Land Law exists.

Practice handling the case of Ha Do Lawyers Law noted some urgent cases of people whose land is recovered lead to lawsuits, complaints lasted as major causes: Order of improper recovery procedures; unit prices apply for compensation, support remains low; asset inventory process on the ground and determine the investment effort, embellished inaccurate land; even misidentified cases those entitled to compensation and assistance.

In view of Ha Do Lawyers Law, to solve this problem is very complex in practice, usually only be resolved in the order of complaints and grievances related to the administration and many leading agencies to resolve prolonged period.

To get accurate advice and timely, you can contact directly with Ha Do Lawyers Law under 24/7 call center consulting: 1900 62 80

Lawyers - Legal fulcrum for sustainable development