Can cultivated rice land without heirs become communal land of the commune?

Could you please advise if the case of an individual using rice cultivation land who dies without heirs will result in this land becoming public utility land of the commune? Thank you for your advice.

According to Point a, Clause 1, Article 10 of the Land Law 2013, annual crop land, such as rice land, is classified as agricultural land.

Furthermore, according to Point b, Clause 1, Article 65 of this Law, if an individual using the land (regardless of the type of land) dies and has no heirs, the land shall be subject to recovery.

Additionally, Clause 1, Article 132 of the same Law also regulates the use of agricultural land for public purposes as follows:

Based on the land fund, characteristics, and needs of the local area, each commune, ward, or commune-level town may establish an agricultural land fund for public purposes not exceeding 5% of the total area of annual crop land, perennial crop land, or aquaculture land to serve the public needs of the local area.

Agricultural land returned or donated by organizations, households, or individuals to the State, reclaimed land, and recovered agricultural land shall be the sources to form or supplement the agricultural land fund for public purposes of communes, wards, or commune-level towns.

Thus, according to the above regulations, rice cultivation land used by an individual who has died without heirs will be recovered and has the potential to become part of the agricultural land fund for public purposes of the commune, ward, or commune-level town.

Respectfully!

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