Hi, my name is Bui Nhu, I’m just a freelancer, so I don’t do any research on land acquisition issues. Especially about the management of the land area when the law has been recovered, because I see that the current situation of land acquisition happens a lot, I don’t know after the recovery of that land area is used. doing what. So about the matter “What are the management of recovered land in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is land acquisition?
According to the provisions of Clause 11 Article 3 of the 2013 Land Law, it is clearly stated as follows:
Land recovery means the State’s decision to recover the land use rights of the person to whom the State grants the land use right or the land of the land user who violates the land law.
When does the State recover the land?
The State shall recover land in the following cases:
– Land recovery for defense and security purposes
– Acquisition of land for socio-economic development, national and public interests.
– Land recovery due to violations of the law on land.
– Land recovery due to termination of land use according to law, voluntary return of land, risk of endangering human life.
(Articles 61, 62, 64, 65 of the 2013 Land Law)
What are the management of recovered land in Vietnam?
According to the provisions of Clause 2, Article 68 of the 2013 Land Law, recovered land shall be allocated for management and use in accordance with the following provisions:
2. The recovered land shall be allocated for management and use according to the following regulations:
a) Land that has been recovered according to the provisions of Articles 61 and 62 of this Law shall be assigned to investors for implementation of investment projects or to public land-related service organizations for management;
b) Land recovered according to the provisions of Clause 1, Article 64 and Points a, b, c and d, Clause 1, Article 65 of this Law shall be assigned to a public land service organization for management and auction of the right to use land. land use.
In case the land recovered as prescribed in Clause 1, Article 64 and Points a, b, c and d, Clause 1, Article 65 of this Law is agricultural land of households and individuals in rural areas, it shall be assigned to the Committee. managed by the people at the commune level. This land fund is allocated or leased to households and individuals that have no land or lack production land in accordance with law.
What are the cases in which no compensation is required when acquiring land?
The 2013 Land Law stipulates the cases in which the State recovers land without compensation for land and the cases in which land is recovered without compensation for assets attached to land as follows:
1. Land acquisition without land compensation
According to Article 82 of the 2013 Land Law, the State recovers land without compensation for land in the following cases: Cases specified in Clause 1, Article 76 of the Land Law (cases where no compensation for land is granted but are compensation for remaining investment costs in land when the State recovers land):
(1) 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 this Law (Households and individuals directly continue to produce agricultural, forestry, aquaculture, and salt production and be allocated agricultural land within the prescribed limit);
(2) Land allocated by the State to an organization that has land use levy collection but is exempt from land use levy;
(3) Land leased by the State with annual 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;
(4) Agricultural land belonging to the public land fund of communes, wards and townships;
(5) Contracted land for agricultural and forestry production, aquaculture, and salt production.
(6) Land allocated by the State for management;
(7) Land acquired in the cases of “land recovery due to law violation” and “land recovery due to termination of land use according to law, voluntary return of land, at risk of endangering human life people” (specified in Article 64 and points a, b, c and d, Clause 1, Article 65 of the Land Law).
(8) In case of ineligibility for issuance of a Certificate of land use rights, ownership of houses and other land-attached assets as prescribed by the Land Law, except for the case specified in Clause 2, Article 77 of this Law. This law.
2. Land recovery without compensation for land-attached assets:
According to Article 92 of the Land Law 2013, the following cases where the State recovers land without compensation for properties attached to land:
(1) Property attached to land in one of the cases of land recovery specified at Points a, b, d, dd, e, i, Clause 1, Article 64 (land recovery due to violations of the law on land); ) and points b, d, Clause 1, Article 65 of the Land Law 2013 (land recovery due to termination of land use according to law, voluntary return of land, at risk of endangering human life):
(2) Using land for improper purposes which have been allocated, leased or recognized by the State and have been administratively sanctioned for acts of improperly using land but continuing to commit:
(i) Land users intentionally destroy land;
(ii) Land is not transferred or donated according to the provisions of the Land Law but is transferred or donated;
(iii) Land allocated by the State for management but allowed to be encroached upon;
(iv) The land must not be transferred the land use right under the provisions of this Law but the land user due to irresponsibility is encroached upon or appropriated;
(v) Land allocated or leased by the State for 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 since from the time the land is handed over 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 case of force majeure;
(vi) The individual using the land dies without an heir;
(vii) Land is allocated or leased by the State for a definite term but cannot be renewed.
(3) Property attached to land created in contravention of law or created after the notice of land recovery from a competent state agency.
(4) Technical infrastructure, social infrastructure and other construction works are no longer in use.
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Please see more
- Procedure of land acquisition for project implementation in Vietnam
- Rights and obligations of households, individuals using land in Vietnam
- Procedure for partial transfer of land use rights in Vietnam
Frequently asked questions
Clause 2, Article 30 of Decree No. 47/2014/ND-CP on compensation, support and resettlement when the State recovers land:
For the case of compensation by the allocation of new land or the allocation of residential land, resettlement houses or resettlement houses, if there is a difference in value, such difference shall be paid in cash according to the following regulations:
(i) In case the compensation for land is larger than the money for residential land, house or house in the resettlement area, the resettled person is entitled to the difference.
(ii) In case the compensation amount for land is smaller than the money for residential land, house or house for resettlement, the person to be resettled must pay the difference.
In accordance with the above provisions and the effective land recovery decision as well as the compensation, support and resettlement plan approved by the competent state agency and published publicly, you must comply with the following provisions: this decision on resettlement arrangements.
In case the compensation for land is smaller than the money for residential land, house or house for resettlement (ie, the house or land for resettlement is larger than the old house or land), the person to be resettled must pay the difference. deviated; if the house or land to be resettled is smaller than the old house or land, the resettled person has been entitled to the difference from the compensation amount for the old residential land or house.
Clause 1, Article 79 of the Land Law 2013 stipulates compensation for land when the State recovers residential land: Households and individuals currently using residential land, overseas Vietnamese owning houses attached to residential land. If the land use right in Vietnam is eligible for compensation specified in Article 75 of this Law, when the State recovers the land, the compensation shall be as follows:
(i) In case there is no other residential land or house in the commune, ward or township where the recovered land is located, compensation shall be made with residential land or houses; in case there is no need for compensation with residential land or houses, the State shall compensate in cash.
(ii) In case there is still residential land or houses in the commune, ward or township where the recovered land is located, compensation shall be made in cash. For localities with conditions on residential land fund, they shall be considered for compensation in residential land.
(iii) Households and individuals, when the State recovers land attached to houses, must relocate but are not eligible for compensation for residential land. lease, lease-purchase housing or allocate residential land with land use levy.
Pursuant to Article 66 of the 2013 Land Law, the authority to recover land is as follows:
Provincial-level People’s Committees (People’s Committees) shall decide to recover land in the following cases:
Recovery of land from organizations, religious establishments, overseas Vietnamese, foreign organizations with diplomatic functions, foreign-invested enterprises, except for cases where residential land is recovered from residents. Overseas Vietnamese may own houses in Vietnam;
To recover agricultural land belonging to the public land fund of communes, wards and townships.
District-level People’s Committees shall decide to recover land in the following cases:
Land recovery from households, individuals and communities;
Recovery of residential land of overseas Vietnamese who are entitled to own houses in Vietnam.
In case in the land recovery area, there are subjects under the land recovery competence of the People’s Committee of the province and the district, the People’s Committee of the province shall decide to recover the land or authorize the People’s Committee of the district to decide on land recovery.
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