Cases of land expropriation for national defense and security purposes in Vietnam as of January 1, 2025

Cases of land expropriation for national defense and security purposes in Vietnam as of January 1, 2025 (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

1. Cases of land expropriation for national defense and security purposes in Vietnam as of January 1, 2025

According to Article 78 of the Land Law 2024, the State may expropriate land for national defense and security purposes in the following cases:

- Construction of military barracks or offices;

- Construction of military bases;

- Construction of national defense works, battle fields and special works of national defense or security;

-  Construction of military and security stations, ports and information works;

- Construction of industrial, scientific and technological, cultural or sports facilities that directly serve national defense or security purpose;

- Construction of warehouses for the people’s armed forces;

- Construction of shooting grounds, training grounds, and weapon testing and destroying sites;

- Construction of training institutions and centers for professional training and development, convalescent and rehabilitation facilities, medical examination and treatment facilities of the people’s armed forces;

- Construction of public-duty houses of the people’s armed forces;

- Construction of detention facilities; compulsory educational institutions; juvenile detention centers; centers for labor, rehabilitation, career guidance and vocational training for prisoners, camp inmates and students managed by the Ministry of National Defense and the Ministry of Public Security.

2. Cases of land expropriation due to violations against land law in Vietnam as of January 1, 2025

Cases of land expropriation due to violations against land law in Vietnam according to Article 81 of the Land Law 2024 include:

- A land user uses land for a purpose other than the intended purpose for which the State allocates, leases out the land or recognizes LURs of the land and has been penalized for unintended use of the land constituting an administrative violation but continues committing such violation again.

- A land user destroys land and has been penalized for the land destruction constituting an administrative violation but continues committing such violation again.

- Land is allocated or leased out to ineligible subjects or ultra vires.

- Land is received by conveyance or donation from a person who is allocated or leased out the land by the State but the person is not permitted to convey or donate the land according to regulations of the Land Law 2024.

- Land is allocated by the State to manage but is trespassed or appropriated.

- A land user fails perform 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;

- If the State allocates, leases out land, permits land repurposing, recognizes LURs, receives LURs by conveyance for execution of an investment project but the land is not used for 12 consecutive months from the date of actual land receipt (or the land use is behind schedule by 24 months if land is not put into use or put into use behind schedule), the investor shall be given a land use deferral of up to 24 months and has to pay the State an amount equal to land levy and land rent accrued over the deferral period. If the investor does not put the land into use upon expiration of the deferral period, the State will expropriate the land without land-related recompense, property affixed to the land, and the residual land value.

- Cases prescribed in clauses 6, 7 and 8 of Article 81 of the Land Law 2024 do not apply in force majeure cases.

The Land Law 2024 shall take effect from January 1, 2025, except for the following cases:

- Articles 190 and 248 of the Land Law 2024 shall take effect from April 1, 2024.

- The development and approval of land use planning may continue complying with Resolution 61/2022/QH15

Clause 9, Article 60 of the Land Law 2024 shall take effect from the date of expiration of Resolution 61/2022/QH15.

The Land Law 2013 shall expire from January 1, 2025

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