1. May not be revoked
Clause 4, Clause 6, Article 76 of the 2024 Land Law stipulates the implementation of planning and land use plans as follows:
In case the land use planning has been publicly announced but there is no annual district-level land use plan, the land user is allowed to continue to use and exercise the rights of the land user according to the provisions of this Law.
For land areas that must be recovered or have their land use purpose changed in the annual district-level land use plan or must be recovered or have their land use purpose changed as prescribed in Clause 4, Article 67 of this Law, land users are allowed to continue to exercise the rights of land users but are not allowed to build new houses, works, or plant new perennial trees; land users are allowed to build under a construction permit with a term, renovate or repair existing houses and works according to the provisions of the law on construction and relevant laws.
Thus, only when the annual land use plan of the district level has regulations on land recovery, the competent state agency issues a decision to recover the land, then the land will be recovered (in many cases, there is a plan but it is not implemented, it may be adjusted and the land will not be recovered).
In other words, even if the land is under the land use planning, it is not always reclaimed by the State, however, the possibility of recovery is very high.
2. Still have important rights even though land is under planning
Although the land is under planning, the land user can still have some important rights as follows:
- Requested to be granted a construction permit for a limited period
Pursuant to Clause 33, Article 1 of the 2020 amended Construction Law, after 3 years from the date of announcement of the annual land use plan but there is no decision to recover (suspended planning), the land user has the right to request a construction permit for a limited period.
- Can be transferred or donated.
- Compensation for land and assets attached to land.
3. Deposit can be taken back when discovered as belonging to the planning area
Depending on each specific case, the depositor can apply the provisions agreed in the contract or based on the provisions of law to recover the deposit, specifically:
- When the contract is agreed upon.
- When the deposit recipient made a deposit, the transferor made a fraud.
