What are the cases of land expropriation due to land law violations according to the provisions of the Land Law 2024 in Vietnam?

What are the cases of land expropriation due to land law violations according to the provisions of the Land Law 2024 in Vietnam?

Pursuant to the provisions of Article 81 of the Land Law 2024, which takes effect from January 1, 2025, there are 08 cases of land expropriation due to violations of land laws, including:

- Land use not in accordance with the purpose assigned by the State, leased, recognized land use rights, and has been administratively sanctioned for violating land use behaviors and continues to violate.

- Land users destroy land and have been administratively sanctioned for land destruction behaviors and continue to violate.

- Land assigned or leased to the wrong subject or without proper authority.

- Land transferred or gifted from the person assigned by the State, leased land to a person who is not allowed to transfer, gift according to the provisions of the Land Law 2024.

- State-managed land encroached upon or occupied.

- Land users fail to fulfill financial obligations to the State.

- Land for annual crop cultivation, aquaculture land not used continuously for 12 months, perennial crop land not used continuously for 18 months, forest land not used continuously for 24 months and have been administratively sanctioned without putting the land into use within the time limit specified in the administrative violation decision;

- Land assigned by the State, leased, allowed to change land use purpose, recognized land use rights, transferred land use rights to implement investment projects not used continuously within 12 months from receiving the land handover on-site or the land use progress is delayed by 24 months compared to the progress specified in the investment project;

In cases where the land is not put into use or the land use progress is delayed compared to the progress specified in the investment project, the investor may extend the use period for up to 24 months and must pay additional money to the State corresponding to the land use fee, land lease fee for the extended period; when the extended period expires and the investor still does not put the land into use, the State will expropriate the land without compensation for the land, property attached to the land, and the remaining investment costs in the land.

What are the cases of land expropriation due to land law violations according to the provisions of the Land Law 2024 in Vietnam? (Image from the Internet)

When will the enforcement of the decision to expropriate land due to land law violations be carried out in Vietnam?

Pursuant to Clause 2, Article 89 of the Land Law 2024, which takes effect from January 1, 2025, the following provisions are made:

Article 89. Enforcement of the decision to expropriate land

...

2. The enforcement of the decision to expropriate land shall be carried out when the following conditions are met:

a) The decision to expropriate land has been enforced, but the person whose land is being expropriated does not comply with the decision after being persuaded by the People's Committee at the commune level, the Vietnam Fatherland Front Committee at the commune level, and the land management authority or the unit/organization responsible for compensation, support, and resettlement;

b) The decision to enforce the expropriation has been publicly posted at the headquarters of the People's Committee at the commune level and the common meeting place of the residential area where the land is being expropriated;

c) The decision to enforce the expropriation has been enforced;

d) The person subject to enforcement has received the decision to enforce the expropriation.

In case the person subject to enforcement refuses to accept the decision or is absent when the decision is handed over, the commune-level People's Committee shall make a record.

...

According to this Article, the enforcement of the decision to expropriate land due to violations of land laws will be carried out if the decision to expropriate land has been enforced, but the person whose land is being expropriated does not comply with the decision after being persuaded by the People's Committee at the commune level, the Vietnam Fatherland Front Committee at the commune level, and the land management authority or the unit/organization responsible for compensation, support, and resettlement.

- The decision to expropriate land has been enforced, but the person whose land is being expropriated does not comply with the decision after being persuaded by the People's Committee at the commune level, the Vietnam Fatherland Front Committee at the commune level, and the land management authority or the unit/organization responsible for compensation, support, and resettlement;

- The decision to enforce the expropriation has been publicly posted at the headquarters of the People's Committee at the commune level and the common meeting place of the residential area where the land is being expropriated;

- The decision to enforce the expropriation has been enforced;

- The person subject to enforcement has received the decision to enforce the expropriation.

In case the person subject to enforcement refuses to accept the decision or is absent when the decision is handed over, the commune-level People's Committee shall make a record.

Is land expropriation due to land law violations compensated with land in Vietnam?

Pursuant to Clause 3, Article 101 of the Land Law 2024, which takes effect from January 1, 2025, the following provisions are made:

Article 101. Cases where no compensation is given for land when the State expropriates land

1. Cases specified in Clause 1 of Article 107 of this Law.

2. Land managed by state agencies and organizations as specified in Article 217 of this Law.

3. Land expropriated in cases specified in Article 81, Clause 1 and Clause 2 of Article 82 of this Law.

4. Cases where the conditions for granting a Certificate of Land Use Rights, ownership of assets attached to land as prescribed by this Law are not met, except for cases specified in Clause 3 of Article 96 of this Law.

Therefore, in the case of land expropriation due to violations of land laws, the State does not compensate with land.

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