Will paddy lands that are not used for more than 6 months be expropriated in Vietnam?

Will paddy lands that are not used for more than 6 months be expropriated in Vietnam?

Pursuant to Clause 1, Article 10 of the 2013 Land Law, land classification:

1. Agricultural land, including:

a/ Land for cultivation of annual crops, including paddy land and land for cultivation of other annual crops;

b/ Land for cultivation of perennial trees;

c/ Land for production forests;

d/ Land for protection forests;

e/ Land for special-use forests;

f/ Land for aquaculture;

g/ Land for salt production;

h/ Other agricultural land, including land used to build greenhouses and other building types for cultivation purpose, including fanning not directly on the land, or to build breeding facilities for cattle, poultry and other animals as permitted by law; land for cultivation, breeding and aquaculture for the purpose of learning, research or experimentation; land for planting and nursing seedlings and breeders, and land for growing flowers and ornamental plants.

In addition, at Point h, Clause 1, Article 64 of the 2013 Land Law, land expropriation due to violations of land law is as follows:

1. Cases of land expropriation due to violations of the land law include:

h/ 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;

According to Clause 2 of Article 64 of the 2013 Land Law also stipulates that:

2. Land expropriation due to violations of the land law must be based on documents and decisions issued by state agencies which are competent to determine violations of the land law.

Thus, according to current regulations in Vietnam, comparing with the case you mentioned, your home's paddy land is in the case of annual crop land, if it is not used within 06 months, it is not enough grounds to be expropriated. The land expropriation will be based on documents or decisions of competent state agencies.

Cases of land expropriation due to violations of the land law in Vietnam

Besides, also in Clause 1, Article 64 of the 2013 Land Law, it also provides for cases of land expropriation due to violations of the land law include:

a/ 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;

b/ Land users intentionally damage land;

c/ Land was allocated or leased to wrong subjects or ultra vires;

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

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

f/ 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;

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

h/ 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;

i/ 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.

Best Regards!