09 cases of land expropriation due to violations of the land law in Vietnam

09 cases of land expropriation due to violations of the land law in Vietnam (Internet image)

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

1. 09 cases of land expropriation due to violations of the land law in Vietnam

Specifically, Clause 1, Article 64 of the Land Law 2013 stipulates that cases of land expropriation due to violations of the land law include:

- 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;

- Land users intentionally damage land;

- Land was allocated or leased to wrong subjects or ultra vires;

- Land that is ineligible for transfer or donation as prescribed in the Land Law 2013 is transfeưed or donated;

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

- Land that is ineligible for transfer of land use rights as prescribed by the Land Law 2013 is encroached or occupied due to the irresponsibility of land users;

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

- 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;

- 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.

2. Order and procedures for land recovery due to violation of law in Vietnam

Pursuant to Article 66 of Decree 43/2014/ND-CP (amended in Decree 01/2017/ND-CP), order and procedures for land recovery due to violation of law in Vietnam are as follows:

- For land recovery due to violation of law, when the statute of limitations for sanctioning administrative violations expires under the law on handling of administrative violations, competent sanctioning persons shall make records of administrative violations as a basis for land recovery.

When land-related violations of law are not subject to sanctioning of administrative violations under the law on sanctioning of administrative violations in the field of land, records of the violations must be made in the witness of representatives of commune-level People’s Committees as a basis for deciding on land recovery according to the following provisions:

+ The agencies in charge of natural resources and environment or competent government authorities shall conduct inspections to identify the violations defined in Point c, d, g, h and i, Section 1, Article 64 of the Land Law 2013;

+ Within 7 working days after making a record, the person assigned to conduct examination or inspection shall send this record to the competent land recovery agency for direction for land recovery.

- Natural resources and environment agencies shall conduct field inspection and verification when necessary and propose People’s Committees of the same level to decide on land recovery.

- Competent People’s Committees shall:

+ Notify the land recovery to land users and publish it on the websites of provincial- level and district-level People’s Committees;

+ Direct the handling of the residual value of the investments on land or land-attached assets (if any) in accordance with law;

+ Organize the coercive enforcement of land recovery decisions under Clause 3, Article 65 of Decree 43/2014/ND-CP;

+ Arrange funds for the coercion of land recovery.

- Natural resources and environment agencies shall direct the updating and modification of the land database and cadastral records; and revocation of certificates or notification of invalidity of certificates for land users failing to return certificates.

Ho Quoc Tuan

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