Land is always a valuable asset of every citizen. However, in some cases people will lose their land use rights. So about the matter “How long does it take for the land to be abandoned in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Constitution 2013
- Land Law 2013
What is land use right?
Pursuant to the provisions of Article 53 – Constitution of the Socialist Republic of Vietnam 2013, specifically:
“Land, water resources, mineral resources, marine resources, airspace, other natural resources and other types of property invested and managed by the State are public property owned by the entire people and managed by the State. country representing the owner and unified management”.
The Civil Code and the Land Law all specify the provisions of the Constitution that stipulate that land belongs to the entire people and is represented by the State.
Land Law 2013 stipulates: Land belongs to the whole people and is owned by the State. The State thereby grants land use rights to the people through the form of land allocation or land lease. The law also recognizes land use rights for stable land users and stipulates general rights and obligations of land users.
Although the Land Law does not clearly stipulate the concept of land use rights, the law also introduces the concept of land use right price which is the amount of money calculated per unit of land area that is regulated or formed by the State in a transaction. on land use rights. The value of land use rights is the monetary value of land use rights per unit area determined in a certain period of use.
Land users are entitled to own part of the value of land use rights, and are allowed to transfer land use rights to the allocated areas in proportion to their obligations to the State.
Thus, the right to use land is the right of the subjects to exploit the utility, enjoy the profits from the use of land allocated, leased or transferred by the State from other subjects through the conversion, transfer, lease, sublease, inherit, donate,… from the right holder.
How long does it take for the land to be abandoned in Vietnam?
Pursuant to Clause 1, Article 64 of the 2013 Land Law, cases of land recovery due to violations of the land law are as follows:
“Article 64. Land recovery due to violations of the land law
1. Cases of land recovery due to violations of the land law include:
a) Using land for improper purposes for which the State has allocated, leased or recognized land use rights and has been administratively sanctioned for acts of using land for improper purposes but continues to commit violations;
b) The land user intentionally destroys the land;
c) Land is allocated or leased to the wrong subjects or to the wrong authority;
d) Land is not transferred or donated according to the provisions of this Law but is transferred or donated;
dd) Land allocated by the State for management but allowed to be encroached upon or occupied;
e) Land for which the land use right is not transferred under the provisions of this Law but the land user is encroached upon or appropriated due to irresponsibility;
g) Land users fail to fulfill their obligations to the State and have been administratively sanctioned for failing to comply;
h) Land for growing annual crops is not used for 12 consecutive months; land for planting perennial crops is not used for a period of 18 consecutive months; afforestation land is not used for 24 consecutive months;
i) Land allocated or leased by the State for the implementation of an investment project has not been used for a period of 12 consecutive months or the land use schedule is 24 months behind the schedule stated in the investment project from the date on which the land is used. when receiving and handing over land in the field, the land must be put into use; In case the land is not put into use, the investor may extend the use period for 24 months and must pay the State an amount corresponding to the land use levy and land rent for the delay in project implementation. in this time; At the end of the extended time limit, if the investor still has not put the land into use, the State shall recover the land without compensation for the land and properties attached to the land, except in the case of force majeure.”
Is there compensation when the abandoned land is recovered?
Compensation for land and properties attached to land
Article 82 of the 2013 Land Law stipulates that the State shall recover land without compensation for land in the following cases:
– The provisions of Clause 1, Article 76 of the Land Law 2013;
– Land allocated by the State for management;
– Land recovered in the cases specified in Article 64 and Points a, b, c and d, Clause 1, Article 65 of the 2013 Land Law;
– In case of ineligibility for grant of certificates of land use rights and ownership of houses and other land-attached assets as prescribed in the 2013 Land Law, except for the case specified in Clause 2, Article 77 of the Land Law belt 2013.
In addition, Clause 1, Article 92 of the 2013 Land Law also stipulates that land-attached assets fall into one of the cases of land recovery specified in Clauses a, b, d, dd, e, i, Clause 1, Article 64 and Points b, d, Clause 1, Article 65 of the 2013 Land Law, when the State recovers land, they will not be compensated for properties attached to land.
Based on the above provisions, we conclude that if the State recovers the land for the abandoned land, there will be no compensation for the land. On the other hand, in case of recovery of abandoned land, which is land allocated or leased by the State for the implementation of investment projects, compensation for land-attached assets will not be paid.
Compensation of other value
Article 76 of the 2013 Land Law stipulates that in case the State recovers land, it will compensate the remaining investment costs in land when the State recovers the land for national defense and security purposes; socio-economic development for national and public interests, specifically as follows:
– Land allocated by the State without land use levy, except for cases where agricultural land is allocated by the State to households and individuals specified in Clause 1, Article 54 of the 2013 Land Law.
– Land allocated by the State to an organization in which land use levy is collected but is exempted from land use levy;
– Land leased by the State with annual land rental payment; leased land with one-off rental payment for the entire lease period but exempt from land rent, except for households and individuals using leased land due to the implementation of policies towards people with meritorious services to the revolution;
– Agricultural land belonging to the public land fund of communes, wards and townships;
– Contracted land for agricultural and forestry production, aquaculture, and salt production.
Thus, in case the abandoned land is recovered and falls into one of the above cases, the land user will be compensated for the remaining investment costs in the land.
Which agency has the authority to recover abandoned land?
Pursuant to the provisions of Article 66 of the 2013 Land Law, the authority to recover land is as follows:
Article 66. Authority to recover land
1. Provincial-level People’s Committees shall decide to recover land in the following cases:
a) Recover land from organizations, religious establishments, overseas Vietnamese, foreign organizations with diplomatic functions, foreign-invested enterprises, except for the case specified at Point a. b Clause 2 of this Article;
b) To recover agricultural land belonging to the public land fund of communes, wards and townships.
2. District-level People’s Committees shall decide to recover land in the following cases:
a) Recovery of land from households, individuals and communities;
b) Recover residential land from overseas Vietnamese who are entitled to own houses in Vietnam. 3. In case there are both subjects specified in Clauses 1 and 2 of this Article in the land recovery area, the provincial-level People’s Committees shall decide on land recovery or authorize the district-level People’s Committees to decide on land recovery.
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Please see more
- Buying the reclaimed land under Vietnam law
- Conditions to initiate a land dispute in court in Vietnam
- Converting farmland to residential land in Vietnam
Frequently asked questions
What is the punishment for the act of leaving farmland for many years?
According to Article 32 of Decree 91/2019/ND-CP stipulating the sanctioning of acts of not using land for planting annual crops for a period of 12 consecutive months, land for planting perennial crops for a period of 18 consecutive months, land for planting perennial crops for a period of 18 consecutive months. forest within 24 consecutive months without being subject to force majeure as prescribed, specifically as follows:
– A fine of between VND 500,000 and VND 1,000,000 shall be imposed if the unused land area is less than 0.5 hectares;
– A fine of from 1,000,000 VND to 3,000,000 VND if the unused land area is from 0.5 hectares to less than 03 hectares;
– A fine of between VND 3,000,000 and 5,000,000 shall be imposed if the unused land area is from 3 hectares to less than 10 hectares;
– A fine ranging from VND 5,000,000 to VND 10,000,000 if the unused land area is 10 hectares or more.
In addition, forced to use the land according to the land use right certificate. Thus, he will be administratively handled with the act of not using land as prescribed above.
Article 4. Statute of limitations for sanctioning administrative violations
1. The statute of limitations for sanctioning administrative violations in the land domain is 2 years.
2. The time for calculating the statute of limitations for sanctioning administrative violations is prescribed as follows:
a) For an administrative violation that has ended as prescribed in Clause 3 of this Article, the statute of limitations is counted from the time of termination of the violation;
b) For administrative violations being performed as prescribed in Clause 4 of this Article, the statute of limitations shall be counted from the time the person competent to perform official duties detects the violation;
c) In case of sanctioning an administrative violation against an organization or individual transferred by a person competent to make administrative violation records, the statute of limitations for sanctioning shall be applied according to the provisions of Clause 1 of this Article and Point a. , b of this clause up to the time of issuing the decision on sanctioning of administrative violations.
3. ………….
4. The administrative violations on land specified in this Decree that do not fall into the cases specified in Clause 3 of this Article shall be determined as violations being committed……”
Accordingly, in order to avoid the case of being sanctioned when it is discovered that the act of not using the land for such a long time and at the same time avoid having the land recovered, the land user must urgently cultivate on that forest land.
Clause 1, Article 32 of Decree No. 91/2019/ND-CP stipulates that land users have the act of not using land for growing annual crops for a period of 12 consecutive months, land for planting perennial crops for a period of 18 consecutive months. , afforestation land for a period of 24 consecutive months that is not subject to force majeure, shall be administratively sanctioned (fine and apply remedial measures).
Accordingly, the form and level of fine are prescribed as follows:
A fine of between VND 500,000 and VND 1,000,000 shall be imposed if the unused land area is less than 0.5 hectares;
A fine of from 1,000,000 VND to 3,000,000 VND if the unused land area is from 0.5 hectares to less than 03 hectares;
A fine of between VND 3,000,000 and 5,000,000 shall be imposed if the unused land area is from 3 hectares to less than 10 hectares;
A fine ranging from VND 5,000,000 to VND 10,000,000 if the unused land area is 10 hectares or more.
Accordingly, the above fine level applies to individuals, the fine level for organizations is 2 times the fine level for individuals with the same administrative violation (maximum fine is 20 million VND).
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