Abandoning Land May Be Subject to Fines, Right? How Many Years of Abandonment Before Losing Land Use Rights?
What is abandoned land? After how many years of abandonment does one lose the right to use the land?
Regarding the concept, current land laws do not provide a specific definition of abandoned land. However, abandoned land can be understood as land that has not been utilized for an extended period, leading to wastage of land resources and potentially losing its value and intended use.
Land that remains abandoned and unused for a certain period will be reclaimed by the State, at which point the land user will lose the right to use the land.
When the State reclaims land according to legal provisions, the entity from whom the land is reclaimed will no longer have the right to use the land.
The Land Law stipulates multiple cases where the State reclaims land, including reclamation due to continuous and frequent non-use of the land for a period.
Based on Clause 1, Article 64 of the Land Law 2013, which outlines the cases of land reclamation due to violations of land laws:
Reclaiming land due to violations of land laws
1. Cases of land reclamation due to violations of land laws include:
a) Using land for incorrect purposes as assigned, leased, or recognized by the State, and continue to violate after being administratively sanctioned for the act of using land for incorrect purposes;
b) The land user intentionally destroys the land;
c) Land has been allocated, leased to inappropriate entities or without proper authority;
d) Land that is not allowed to be transferred, donated according to this Law but has been transferred, donated;
e) Land allocated by the State for management but has been encroached upon;
f) Land that is not allowed to be transferred but the land user neglects responsibilities, leading to encroachment;
g) The land user does not fulfill obligations to the State, and continues to do so despite administrative sanctions;
h) Annual crop land not used for 12 consecutive months; land for perennial crops not used for 18 consecutive months; forest land not used for 24 consecutive months;
i) Land allocated, leased by the State for investment projects not utilized for 12 consecutive months or utilization delayed by 24 months compared to the project schedule after receiving land at the site. In such cases, the investor may get an extension of 24 months but must pay an amount equivalent to land levy or rent for the delayed period. If the land is still not used after the extension, the State will reclaim the land without compensation for land and attached assets, except in force majeure cases.
2. Reclamation of land due to violations of land laws must be based on documents or decisions by competent state agencies confirming the land law violations.
3. the Government of Vietnam shall provide detailed regulations on this Article.
Thus, the following types of land may be reclaimed if not continuously used within the stipulated period:
- Annual crop land not used for 12 consecutive months;- Perennial crop land not used for 18 consecutive months;- Forest land not used for 24 consecutive months;- Land allocated, leased by the State for investment projects not utilized for 12 consecutive months or with a delayed utilization of 24 months compared to the project timeline after receiving land at the site.
Can abandoning land result in fines? How many years of abandoning land will result in losing the right to use it? (Image from the Internet)
Can abandoning land result in fines?
According to Article 32 of Decree 91/2019/ND-CP, failing to use annual crop land for 12 consecutive months, perennial crop land for 18 consecutive months, and forest land for 24 consecutive months without force majeure reasons will result in administrative fines.
- Fine of VND 500,000 - 1,000,000 if unused land area is below 0.5 hectares;- Fine of VND 1,000,000 - 3,000,000 if unused land area is from 0.5 hectares to below 3 hectares;- Fine of VND 3,000,000 - 5,000,000 if unused land area is from 3 hectares to below 10 hectares;- Fine of VND 5,000,000 - 10,000,000 if unused land area is 10 hectares or more.
Moreover, individuals and organizations who violate may also be required to utilize the land for the purpose assigned, leased, or recognized by the State. If fines have been imposed and the land is still not utilized, the State will reclaim the land according to regulations.
What is the statute of limitations for fines related to abandoning land?
According to Article 4 of Decree 91/2019/ND-CP prescribed:
Statute of limitations for administrative fines
1. The statute of limitations for administrative fines in the field of land is 2 years.
2. The starting time to calculate the statute of limitations for administrative fines is defined as follows:
a) For violations that have ended as stipulated in Clause 3, this Article, the statute of limitations is calculated from the end of the violation;
b) For ongoing violations as stipulated in Clause 4, this Article, the statute of limitations is calculated from the time the competent authority discovers the violation;
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The statute of limitations for administrative fines regarding abandoned land is 2 years.
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