What are the cases where agricultural land can be recovered for auction in Vietnam?

Hello, Lawnet would like to answer as follows:

1. Cases where the State decides to expropriate land in Vietnam

Pursuant to the provisions of Clause 1, Article 16 of the Land Law 2013, the State shall decide to expropriate land in the following cases:

- For the purpose of national defense or security; socio-economic development for the national or public interest;

- Land expropriation due to violations of the land law;

- Land expropriation due to termination of land use in accordance with law, voluntary return of land, or the risk of threatening human life.

2. What are the cases where agricultural land can be recovered for auction in Vietnam?

According to the provisions of Clause 1, Article 4 of Joint Circular 14/2015/TTLT-BTNMT-BTP, cases where the State recovers land for auction include:

- Land which State recovers for socio-economic development, national and public interests as prescribed in Article 62 of the Law on land 2013:

+  Implementation of projects of national importance which are approved in principle by the National Assembly for which land must be expropriated.

+ Implementation of projects which are approved or decided by the Prime Minister

+ Implementation of projects which are approved by provincial-level People’s Councils for which land must be expropriated,

- Land recovers due to violations against Law on land 2013 as prescribed in Clause 1 Article 64 of the Law on land 2013

+ Land is not used for the purposes for which land has been allocated, leased, or land use rights have been recognized by the State and the land users, after having been sanctioned administratively for using land for improper purposes, still continue committing the violation;

+ Land users intentionally damage land;

+ Land was allocated or leased to wrong subjects or ultra vires;

+ Land that is ineligible for transfer or donation as prescribed in this Law is transfeưed or donated;

+ Land that is allocated by the State for management is encroached or occupied;

+ Land that is ineligible for transfer of land use rights as prescribed by this Law is encroached or occupied due to the irresponsibility of land users;

+ Land users who fail to fulfill obligations to the State and have been administratively sanctioned for such violation but do not comply;

+ Land for annual crops that is not used for 12 consecutive months; land for perennial plants that is not used for 18 consecutive months; land for afforestation that is not used for 24 consecutive months;

+ Land that is allocated or leased for implementing investment projects is not used within 12 consecutive months, or the land use schedule is 24 months late compared with the schedule stated in the project documents since the hand-over in the field. In case of not putting the land into use, the land use term may be extended 24 months and the investors shall pay a sum of money equivalent to the total land use levy or land rental for the delayed period. If the investors still fail to put the land into use when the extended time is over, the State shall recover the land without compensation for land and land-attached assets, except due to force majeure.

- Land recovers due to termination of land use or voluntary return of land as prescribed in Point a, b, c and d Clause 1 Article 65 of the Law on land 2013;

+ Organizations to which land is allocated by the State without land use levy, or organizations to which land is allocated with land use levy and the land use levy is originated from the state budget, are dissolved, go bankrupt, move to another place, or have lower or no land use demand; land users which lease land with annual rental payment are dissolved, go bankrupt, move to another place, or have lower or no land use demand;

+ Individual land users die without any heir;

+ Land users return the land voluntarily;

+ Land is allocated or leased by the State for definite periods and such periods expired without extension allowed;

Thus, in case your land falls into one of the three recovery cases mentioned above, the State has the right to auction it when approved by the competent authority.

Key word: land | agricultural land | auction | in Vietnam | land law | law on land |

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