Cases of land expropriation due to violations against land law in Vietnam in 2024

1. Cases of land expropriation due to violations against land law in Vietnam in 2024

Based on Article 81 of the Land Law 2024, there are 08 cases of land expropriation due to violations against land law, including:

(1) Using land for purposes other than those assigned, leased, or recognized by the State, and having been administratively sanctioned for using the land for incorrect purposes but continuing to violate.

(2) Land users destroying land and having been administratively sanctioned for land destruction but continuing to violate.

(3) Land assigned or leased to the wrong subjects or without proper authority.

(4) Land transferred or gifted from individuals assigned or leased land by the State who are not allowed to transfer or gift the land according to this Law.

(5) Land managed by the State but encroached upon.

(6) Land users not fulfilling financial obligations to the State.

(7) Annual crop land, aquaculture land not utilized for 12 continuous months, perennial crop land not utilized for 18 continuous months, forestry land not utilized for 24 continuous months, and having been administratively sanctioned but not using the land within the time specified in the administrative penalty decision.

(8) Land assigned, leased, permitted for change of use purpose, recognized for land use rights, or transferred for project investment but not used within 12 continuous months from the date of handover or project progress delayed by 24 months compared to the project timeline; in cases of non-use or delayed use, the investor may extend use for up to 24 months and must pay an additional fee to the State equivalent to the land levy, land rent for the extended period; if the land is still not used after the extended period, the State will recover the land without compensation for the land, associated assets, and remaining investment costs.

Note: The cases specified in items (6), (7), and (8) do not apply in force majeure situations.

2. Conditions and procedures for land expropriation due to violations against land law in Vietnam

According to Article 32 of Decree 102/2024/ND-CP stipulating conditions and procedures for land expropriation due to violations against land law:

* Conditions for land expropriation due to violations against land law:

- In cases where the violation requires administrative sanction, within 30 days from the date of receiving the document from the competent authority recommending land expropriation due to continued violations by the land user, the land management authority will propose to the competent State authority to recover the land as stipulated in Article 83 of the Land Law 2024;

- For violations not subject to administrative sanctions, land expropriation is conducted after the conclusion of the competent inspection or supervision authority indicating land expropriation is necessary.

* Procedures for land expropriation due to violations against land law:

Step 1: Upon receiving documents and materials from the competent authority as specified in Clause 1, Article 32 of Decree 102/2024/ND-CP, within 30 days, the land management authority prepares the land expropriation dossier for submission to the competent People's Committee for land expropriation. The dossier includes:

- Report on land expropriation;

- Draft Decision on land expropriation according to Form No. 01d in the appendix issued with Decree 102/2024/ND-CP;

- Documents received from the competent State authority specified in Clause 1, Article 32 of Decree 102/2024/ND-CP.

Step 2: Within 10 days from receiving the dossier, the competent People's Committee is responsible for notifying the land expropriation to the land users, asset owners on the land, and individuals with related rights and obligations (if any).

The land users, asset owners on the land, and individuals with related rights and obligations must handle the assets on the land within the time specified in the land expropriation notice from the date of receiving the notice but no later than 45 days, except as stipulated in point b, Clause 7, Article 32 of Decree 102/2024/ND-CP.

Step 3: Within 15 days from the end of the land expropriation notice period specified in Step 2, the competent People's Committee is responsible for issuing the land expropriation decision and directing the implementation of the land expropriation decision.

In case the land user does not comply, enforcement of the land expropriation decision will be applied.

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