Will the state recover land when the land users die without any heir in Vietnam?

Will the state recover land when the land users die without any heir in Vietnam? (Internet image) 

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

1. Will the state recover land when the land users die without any heir?

According to Clause 1, Article 65 of the Land Law 2013, cases of land expropriation due to termination of land use in accordance with law, voluntary return of land or risks threatening human life include:

(i) Organizations to which land is allocated by the State without land use levy, or organizations to which land is allocated with land use levy and the land use levy is originated from the state budget, are dissolved, go bankrupt, move to another place, or have lower or no land use demand; land users which lease land with annual rental payment are dissolved, go bankrupt, move to another place, or have lower or no land use demand;

(ii) Individual land users die without any heir;

(iii) Land users return the land voluntarily;

(iv) Land is allocated or leased by the State for definite periods and such periods expired without extension allowed;

(vi) Land is located in environmentally polluted areas which bears the risks of threatening human life;

(vii) Land having risks of being eroded or sunk or otherwise affected by other natural disasters threatening human life.

Thus, in case the land user dies without an heir, the State will reclaim the land.

2. What is the basis for land expropriation in case the land users die without any heir in Vietnam?

According to Clause 2, Article 65 of the Land Law 2013, land expropriation prescribed in Section 1 must be based on the following:

- For the case of land expropriation prescribed at Clause (i) of Section 1, the document of a competent agency which has taken legal effect;

- For the case of land expropriation prescribed at Clause (ii) of Section 1, the death certificate or the decision declaring that the individual concerned is dead in accordance with law and the document issued by the commune-level People’s Committee of the locality where the individual concerned resides, confirming that he/she has no heir;

- For the case of land expropriation prescribed at Clause (iii) of Section 1, the document of the land user on the return of land;

- For the case of land expropriation prescribed at Clause (iv) of Section 1, the decision on land allocation or land lease;

- For the case of land expropriation prescribed at Clause (v) and (vi) of Section 1, the decision issued by a competent state agency determining the extent to which land is environmentally polluted, eroded, sunk, or otherwise affected by another natural disaster which threatens human life.

Thus, according to the above regulations, in case of land recovery for a deceased land user, it must be based on a death certificate or a decision declaring a person dead according to the provisions of law and a written confirmation that there is no evidence of death. heir of the commune-level People's Committee of the place of permanent residence of the deceased heir.

3. What has the competence to recover land in Vietnam?

Pursuant to Article 66 of the Land Law 2013, the competence to recover land is as follows:

- Provincial-level People’s Committee may decide on land expropriation in the following cases:

+ Recovery of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case prescribed at Point b, Clause 2 of Article 66 of the Land Law 2013;

+ Recovery of agricultural land which is part of the public land funds of communes, wards or townships.

- District-level People’s Committees may decide on land expropriation in the following cases:

+ Recovery of land from households, individuals and communities;

+ Recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam.

- In case both subjects prescribed in Clauses 1 and 2 of Article 66 of the Land Law 2013 exist in one expropriated area, the provincial-level People’s Committee shall decide on the land expropriation or authorize district-level People’s Committees to decide on the land expropriation.

Nguyen Ngoc Que Anh

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