Land recovery by the State means the State’s decision to recover land use rights from persons to whom the State grants land use rights or to recover land from land users who violate the land law. So, LSX Lawfirm will give you an article about: “Summary of all cases of land expropriation by the State in Vietnam”, as follows:
Legal grounds
Law on land 2013
When does the State recover the land?
Pursuant to Clause 1, Article 16 of the 2013 Land Law, the State shall decide to recover land in the following cases:
- Withdrawal for defense and security purposes; socio-economic development for national and public interests;
- Revocation due to violation of the law on land;
- Expropriation due to termination of land use according to law, voluntary return of land, which poses a threat to human life
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Summary of all cases of land expropriation by the State in Vietnam
Withdrawal for defense and security purposes
According to Article 61 of the 2013 Land Law, the State recovers land for national defense and security purposes in the following cases:
1. Land for military barracks or offices
2. Then, Land for construction of military bases
3. Land for construction of national defense works, battle fields and special works of national defense or security
4. Then Land for military railway stations and ports
5. Land for industrial, scientific and technological, cultural or sports facilities that directly serve national defense or security purpose
6. Then, land for warehouses for the people’s armed forces
7. Land for shooting grounds, training grounds, and weapon testing and destroying sites
8. Land for training institutions and centers, hospitals and sanatoriums of the people’s armed forces
9. Then Land for construction of public-duty houses of the people’s armed forces
10. Land for detention and re-education institutions managed by the Ministry of National Defense or the Ministry of Public Security.
Land recovery for socio-economic development in the national or public interest
The State may recover land for socio-economic development in the national or public interest in the following cases:
1. Implementation of projects of national importance approved in principle that the National Assembly for which land recovered.
2. Implementation of projects approved or decided by the Prime Minister, including:
a/ Firstly, projects on construction of industrial parks, export processing zones, hi-tech zones, economic zones, new urban centers; investment projects funded with official development assistance (ODA) capital.
b/ Secondly, projects on construction of offices of state agencies, central political and socio-political organizations, offices of foreign organizations with diplomatic functions; ranked historical-cultural relics and scenic spots, parks, squares, statutes, monuments and national public non-business facilities.
c/ Thirdly, projects for construction of national technical infrastructure including transport, irrigation, water supply and drainage, electricity and communication facilities; oil and gasoline pipelines and depots; national reserve warehouses; facilities for waste collection and treatment.
In addition
3. Implementation of projects which are approved by provincial-level People’s Councils for which land must be recovered, including:
a/ Firstly, Projects on construction of offices of state agencies, political and socio-political organizations; ranked historical-cultural relics and scenic spots, parks, squares, statutes, monuments, and local public non-business facilities;
b/ Secndly, Projects on construction of local technical infrastructure including transport, irrigation, water supply and drainage, electricity, communication and urban lighting works; facilities for waste collection and treatment;
c/ Thirdly, Projects on construction of common activities of the communities; projects on resettlement, dormitories for students, social houses, and public-duty houses; construction of religious institutions, public culture, sports and entertainment and recreation centers; markets; graveyards, cemeteries, funeral service centers and cremation centers
Then
d/ Then, Projects on construction of new urban centers and rural residential areas; on improvement of urban areas and rural residential areas; industrial clusters; concentrated zones for production and processing of agricultural, forestry, aquaculture and seafood products; and projects on development of protection forests or special-use forests;
dd/ Finally, Mining projects that are licensed by competent agencies, except mining of minerals for use as common construction materials, peat, and minerals in scattered and small mining areas, and salvage mining.
Land recovery due to violations of land law
According to Clause 1, Article 64 of the 2013 Land Law, cases of expropriation due to violations of the land law include:
- Using land for improper purposes for which the State has allocated, leased or recognized land use rights and administratively sanctioned for acts of using land for improper purposes but continues to violate;
- Land users intentionally destroy land (land users have acts of deforming the topography, degrading land quality, polluting the land, losing or reducing the ability to use land according to the stated purpose). identify);
- Allocated or leased to the wrong object or to the wrong authority;
- Land cannot be transferred or donated, but transferred or donated.
In addition
- The State allocated land for management but allowed to encroach upon.
- The land must not transfer, but the land user due to irresponsibility encroached upon or occupied.
- Land users fail to fulfill their obligations to the State and administratively sanctioned for failure to comply;.
- Land for growing annual crops not use for 12 consecutive months; planting perennial crops not use for 18 consecutive months; afforestation land not use for 24 consecutive months.
- The State allocated land or leased land for the implementation of an investment project did not use for a period of 12 consecutive months or the land use schedule is 24 months behind the schedule stated in the investment project since the date of commencement of the project receiving land handover in the field must put the land into use; In case the land is not put into use, the investor may extend the use period for 24 months, etc. If the extension period expires but the investor still has not put the land into use, the State shall recover the land without compensation for the land. land and properties attached to land, except for force majeure cases.
Grounds for withdrawal: It must be based on documents and decisions of competent State agencies to determine violations of the land law.
Land recovery due to termination of land use according to law, voluntary return of land, risk of endangering human life
Clause 1, Article 65 of the 2013 Land Law stipulates the cases of expropriation due to termination of land use according to law, voluntary return of land, which poses a threat to human life, including:
- Organizations allocated land without collection of land use levy or allocated land with collection of land use levy but whose land use levy derived from the State budget dissolved, bankrupt, or relocated , reduce or no longer demand for land use; a user of land leased from the State paying annual land rent dissolved, goes bankrupt, moves to another place, reduces or no longer needs land use.
Grounds for withdrawal: The document of the agency competent to settle has taken legal effect.
Secondly
- The individual using the land dies without an heir.
Grounds for revocation: Death certificate or decision declaring a person dead as prescribed by law and a written certification of no heirs issued by the commune-level People’s Committee of the place where the deceased person’s permanent residence is located.
- Land users voluntarily return the land.
Grounds for recovery: The land user’s land return document.
- Land allocated or leased by the State for a definite term but cannot be extended.
Grounds for recovery: Land allocation decision, land lease decision for a definite term.
- Land in an area with environmental pollution that threatens human life;
- Residential land at risk of landslide, subsidence, affected by other natural disasters threatening human life.
Grounds for recall: Document of competent authority determining the level of environmental pollution, landslide, subsidence, affected by other natural disasters threatening human life.
Related questions
Pursuant to Article 66 of the 2013 Land Law, the authority to issue recovery decisions is prescribed as follows:
People’s Committees of provinces and centrally run cities (provincial People’s Committees)
Provincial-level People’s Committees shall decide to withdraw in the following cases:
Withdrawal from organizations, religious establishments, overseas Vietnamese, foreign organizations with diplomatic functions, foreign-invested enterprises, except for cases where residential land is recovered from people. Overseas Vietnamese are allowed to own houses in Vietnam.
To recover agricultural land belonging to the public land fund of communes, wards and townships.
People’s Committees of districts, towns, provincial cities (District People’s Committees)
The district-level People’s Committee shall decide to withdraw in the following cases:
Recovery of land from households, individuals and communities;
Recovery of residential land of overseas Vietnamese who are entitled to own houses in Vietnam.
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