Amendment to cases of land recovery due to violations of land law (proposal) in Vietnam

Amendment to cases of land recovery due to violations of land law (proposal) in Vietnam (Internet image)

1. Amendment to cases of land recovery due to violations of land law (proposal) in Vietnam

Accordingly, the proposed cases of land recovery due to violations of the land law include:

- Misusing land that has been allocated, leased, or recognized by the state and has been administratively sanctioned for acts of misusing land and continuing to commit violations;

- The land user destroys the land on purpose and has been administratively sanctioned for doing so, but continues to violate it;

- Land is allocated or leased to the incorrect subjects or authorities, or is inconsistent with master plans and land use plans that have already been announced or publicized at the time of land allocation or land lease;

- Land transferred or given as a gift from a person to whom the State allocates or leases land, but the person assigned or leased the land is not permitted to transfer or donate it under the revised Draft Land Law;

- Land allocated by the State for management but allowed to be encroached upon;

- The land is not permitted to transfer the land use right under the revised Draft Land Law, but the land user is encroached upon or occupied as a result of irresponsibility;

- Land users fail to fulfill their obligations to the State and have been administratively sanctioned for failure to comply;

- Agricultural land that has not been used for 36 months in a row and has been administratively sanctioned without being put to use;

- For land allocated or leased by the state for the implementation of an investment project without using the land or delaying the land use schedule according to the investment project's schedule;
The investor must pay to the State an amount corresponding to the land use levy and land rent for the delay in the implementation of the investment project and the additional tax according to the provisions of point dd, clause 1, article 147 of the revised draft land law.

The payment of land use levy and land rent for the delay in implementation of the investment project and the additional tax as prescribed in this Clause must be completed no later than December 31 of the year in which the violation is detected. If the land user fails to pay by this time limit, the state shall recover the land.

In case the progress is more than 48 months behind the schedule stated in the investment project but the investor has not completed the project to put the land into use, the State shall recover the land without compensation for the land and assets attached to the project. land, except in the case of force majeure.

Note: The areas highlighted in red are amendments to the Land Law 2013.

2. Additional cases of land recovery due to termination of land use according to law, voluntary return of land, and risk of endangering human life in Vietnam

Cases of land expropriation due to termination of land use according to law, voluntary return of land, and threats to human life under the revised Draft Land Law include:

- Organizations that are allocated land by the state without the collection of a land use levy or that are allocated land by the state with the collection of a land use levy but whose land use levy comes from the state budget are dissolved, bankrupt, relocated, reduced, or no longer used;

Users of land leased from the State paying annual land rents are dissolved, go bankrupt, move to another place, reduce or no longer need to use land;

- The individual using the land dies without an heir;

- Land users voluntarily return the land;

- Land allocated or leased by the State for a definite term but cannot be extended, except for agricultural land allocated with a definite term to households or individuals directly engaged in agricultural production within the land allocation quota;

- Residential land in the polluted area which poses a threat to human life; other types of land in the polluted area which cannot be continued to be used according to the defined purpose;

- Residential land at risk of landslides, subsidence, or other natural disasters threatening human life; other types of land that are eroded, subsided, or affected by natural disasters and are no longer able to be used;

- Recovering land if an investment project is terminated in accordance with the provisions of the Investment Law, but not in the case of a prescribed transfer of land use rights or sale of land-attached assets.

* The section highlighted in red is an addition to the Land Law 2013.

See also the Draft Land Law Amendment.

Draft amended Land Law

Quoc Dat

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE