How are land reces regulated?

How does the law regulate land recovery cases? Cases of land recess include: recovery for defense purposes, for violations of land law,...

How are land reces regulated?

Q: Hi, lawyer, I'd like to ask about the land. I would like to be consulted on land recovery cases. The land I used to cultivate for a long time in the commune announced that it would be revoked to serve the construction of sports fields for the military. I would like to advise you to help me see if my land has been revoked in accordance with the regulations. Thank you.

A: Thank you for your trust and send your questions to DFC Law Firm. Your problem is answered by the Lawyer as follows:

Land under state management, assigned by the state to people for use and development. However, when the State has plans or common purposes in the national interest, the state will proceed with the land recovery of the people and will make reasonable compensation. Cases of land re-recovery in accordance with the Law on Land 2013 include:

1. Land recovery for defense and security purposes

Cases of land recovery for security defense purposes include the following cases:

- Land recovery for construction of military stationed places and headquarters;

- Land recovery for the construction of military bases;

- Land recovery for the purpose of construction of national defense works, battles or special works on national defense and security;

- Land recovery for construction of ports or military stations;

- Land recovery for construction of industrial, scientific or cultural and sports works directly for security defense;

- Land recovery to build treasures for the people's armed forces;

- Recovering land for firing range, field or weapons testing ground, weapons dump;

- Land recovery for the construction of training facilities, training centers, hospitals or nursing homes of the people's armed forces;

- Land recovery for construction of military public-duty houses;

- Land recovery for the construction of detention facilities, educational institutions of the Ministry of National Defense or the Ministry of Public Security.

2. Land recovery for socio-economic development purposes, for the benefit of countries and communities

Every year, the state will plan land use for socio-economic development. For national purposes, for the community, the National Assembly has investment projects that need to recover land. Cases of land recess include projects on construction of industrial parks, economic zones, urban areas; to build the headquarters of state agencies, political and social organizations; to build the headquarters of foreign organizations with diplomatic functions and national-level career works.

In addition, the State also recovers land for construction of works with national infrastructure such as traffic, irrigation, electricity, communications, gasoline gas storage systems; national stockpiles and waste collection and treatment works.

The State also conducts land recovery for cases of project implementation of provincial-level People's Councils such as projects to build state agency headquarters, scenic spots, historical relics, local-level business works.

In addition, the land is served for works for the common activities of the community; urban areas, production zones, industrial parks; land for mining projects... also subject to land revoked for socio-economic development purposes, for the benefit of the country and community.

3. Land recovery due to violations of land use

Since the land is owned by the state, it is only assigned to the people for use, so the land user must use the land in accordance with the purpose prescribed by law.

When violations of land use occur, land may be revoked by state agencies. Based on the following reasons for violations, cases of land recess are prescribed in accordance with the land law:

- Using land for improper purposes when assigned and recognizing land use rights, having been administratively sanctioned but still deliberately violated;

- Land users commit acts of deliberate destruction of land;

- Land delivery or land lease is not the right subject, not in accordance with competence;

- The land is not in the area to be transferred to donate but transferred to; land is not in the area of being transferred the right to use but the land use manager is irresponsible, so that the land is encroached on;

- Land assigned by the State for management but to be encroached on;

- Land users deliberately do not perform land obligations to the State, have been administratively sanctioned but still deliberately violated;

- Land is recovered when not used continuously for a certain period of time: 12 consecutive months for annual crop land, 18 consecutive months for perennial crop land and 24 consecutive months for forest land;

- Investment land assigned by the State without continuous use for 12 months or delayed by 24 months compared to the schedule stated in the investment project.

When there are violations, competent state agencies will identify violations, then have decisions to recover land in writing or legally effective decisions.

4. Cases of land recovery due to land threatening human life, users voluntarily return land or terminate land use in accordance with law

In cases where land reclamation is at risk of life-threatening, users voluntarily return land or terminate land use in accordance with law including:

- Land of the dead without heirs;

- Land users voluntarily return the land to the State;

- Land assigned or leased by the State which expires land use and cannot be renewed;

- Soil located in contaminated areas, which pose a threat to human life;

- Land assigned by the State to organizations that do not collect or collect land rents but land rents originate from state banks which are bankrupted or destroyed, moved places of operation, reduced or no longer need to use land; people who are leased land by the state, pay annual land rents but go bankrupt, settle, move places of operation, reduce or no longer need to use.

The above land recovery cases require papers proving the reasons for recovery such as voluntary return of land, death certificates of the dead and documents confirming the lack of heirs, documents of competent state agencies on the proof of natural disasters and pollution,...

Based on the cases of land recessed above, your land is subject to recess for security defense purposes and in accordance with the provisions of law. Procedures for land recovery, land compensation and related procedures will be carried out in accordance with the Land Law 2013 and relevant legal guidance documents.

The above is an article by DFC Law Firm advising on land recovery cases in accordance with the law. If you have further questions, please contact land for advice 1900.6512  and answers from land experts.

Ls. Le Minh Cong