How long is annual crop land allowed to remain not in use before being subject to land reclamation in Vietnam?
How long is annual crop land allowed to remain not in use before being subject to land reclamation in Vietnam?
Pursuant to Article 81 of the Land Law 2024 stipulating cases of land expropriation due to violations against land law in Vietnam
Article 81. Cases of land reclamation due to violations of land law
- Land use contrary to the purpose assigned, leased, or recognized by the State, which has been administratively fined for the act of using land for the wrong purpose but continues to violate.
- The land user destroys the land and has been administratively fined for the act of destroying the land but continues to violate.
- Land is allocated or leased to the wrong entity or without proper authority.
- Land received via transfer or gift from a person to whom the State has allocated or leased land that is not permitted to be transferred or gifted under this Law.
- Land managed by the State is encroached upon or occupied.
- The land user fails to fulfill financial obligations to the State.
- A land user has not used annual crop land or land used for aquaculture for a period of 12 consecutive months; perennial crop land for a period of 18 consecutive months; forestry land for a period of 24 consecutive months and has been penalized for the disuse constituting an administrative violation but continues failing to use the land according to the period stated in the decision to impose penalty for the administrative violation;
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According to these regulations, A land user has not used annual crop land for a period of 12 consecutive months and has been penalized for the disuse constituting an administrative violation but continues failing to use the land according to the period stated in the decision to impose penalty for the administrative violation;
How long is annual crop land allowed to remain not in use before being subject to land reclamation in Vietnam? (Internet image)
Is reclaimed annual crop land due to violations of land law eligible for recompense in Vietnam?
According to Article 101 of the Land Law 2024, which stipulates cases of ineligibility for land-related recompense when the State expropriates land
Article 101. Cases of ineligibility for land-related recompense when the State expropriates land
- Cases stipulated in Clause 1, Article 107 of this Law.
- Land managed by state agencies or organizations as stipulated in Article 217 of this Law.
- Land reclaimed in the cases stipulated in Article 81, Clauses 1 and 2 of Article 82 of this Law.
- Cases that do not meet the conditions for the issuance of a Certificate of land use rights, ownership of attached assets as stipulated by this Law, except for cases stipulated in Clause 3, Article 96 of this Law.
According to these regulations, annual crop land reclaimed due to land law violations will not be compensated when the State reclaims the land.
What are types of annual crop land under the law in Vietnam?
According to Article 4 of Decree 102/2024/ND-CP stipulating the details of types of land within the agricultural land category:
Article 4. Detailed stipulations on the types of land within the agricultural land group
1. Annual crop land is land for growing crops that are sowed, harvested, and complete their production cycle within no more than one year, including annual crops with persistent roots. Annual crop land includes rice cultivation land and other annual crop land. To be specific:
a) Rice cultivation land is land used for growing one or more rice crops, or for growing rice in combination with other legally permitted land use purposes but primarily for rice. Rice cultivation land includes specialized rice cultivation land and remaining rice cultivation land, where specialized rice cultivation land is land for growing two or more rice crops a year;
b) Other annual crop land is land used for growing annual crops other than rice.
2. Perennial crop land is land used for growing crops that are planted once and grow over many years, producing one or multiple harvests.
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Thus, annual crop land includes rice cultivation land and other annual crop land. To be specific:
- Rice cultivation land is land used for growing one or more rice crops, or for growing rice in combination with other legally permitted land use purposes but primarily for rice. Rice cultivation land includes specialized rice cultivation land and remaining rice cultivation land, where specialized rice cultivation land is land for growing two or more rice crops a year.
- Other annual crop land is land used for growing annual crops other than rice.
