Is the state entitled to reclaim land if citizens voluntarily return it?

Case of voluntarily returning land: Can the State reclaim it?

I was allocated land by the State in 2008, but now I want to voluntarily return the land to move to Saigon for work. In this case, can the State reclaim the land?

Answer: According to Clause 1(c) Article 16 of the 2013 Land Law, the regulation is as follows:

- The State will decide to reclaim the land in the following cases:

+ Reclaiming land for national defense, security purposes; socio-economic development for national or public interest;

+ Reclaiming land due to violations of land law;

+ Reclaiming land due to termination of land use as per law, voluntarily returning the land, or when it poses a danger to human life.

Therefore, when you voluntarily return the land, the State will decide to reclaim the land under the above circumstances.

Can land under mineral exploitation be auctioned for land use rights?

Currently, the land of our company is being exploited for minerals as leased by the State one year ago. For certain reasons, we want to auction the land use rights. Is this allowed?

Answer: According to Clause 2(d) Article 118 of the 2013 Land Law, the regulation is as follows:

- Cases where land use rights are not auctioned when the State allocates or leases land include:

+ Allocating land without land levy;

+ Using land exempted from land levy, land rent as prescribed in Article 110 of this Law;

+ Using land specified in points b, g clause 1 and clause 2 of Article 56 of this Law;

+ Using land for mineral exploitation activities;

+...

Therefore, in the case you mentioned regarding land leased by the State for mineral exploitation activities, the law does not permit the auction of land use rights.

Is a sanctuary classified as religious or belief land?

In my hometown, which follows Catholicism, there are many sanctuaries. However, many records in the land registry classify sanctuary land as religious institution land, but some say it should be precisely recorded as religious institution land. Specifically, how should it be classified according to the law?

Answer: According to Clause 1 Article 159 of the 2013 Land Law, religious institution land is regulated as follows:

- Religious institution land includes land for pagodas, churches, chapels, shrines, sanctuaries, prayer halls, monasteries, religious schools, head offices of religious organizations, and other religious facilities approved by the State.

According to Clause 1 Article 160 of the 2013 Land Law, belief land is regulated as follows:

- Belief land includes land with structures such as temples, shrines, communal houses, family worship houses, and clan ancestor houses.

Thus, according to the above legal basis, sanctuary land as per legal regulations is classified as religious institution land.

Sincerely!