- Cases of not being compensated for land but being compensated for investment costs in land (Clause 1, Article 107 of the Land Law 2024), specifically include:
(1) Land is allocated without collecting land use fees, except in cases where agricultural land of households and individuals is compensated for land as prescribed in Article 96 of the Land Law 2024.
(2) Land allocated to organizations that collect land use fees but are exempt from land use fees;
(3) Land is leased in the form of annual land rent payment; or land leased in the form of one-time land rent payment for the entire lease period but with land rent exemption, unless households or individuals are using non-agricultural land that is not residential land granted by the state. Renting land with one-time land rental payment for the entire rental period but exempt from land rental and eligible for compensation;
(4) Agricultural land in the public land fund in communes/wards/towns leased by the Commune People's Committee;
(5) Land is contracted for agricultural and forestry production, salt making, and aquaculture.
(6) The allocated agricultural land area exceeds the limit.
- Land managed by State agencies and organizations is land that has not yet been allocated, leased or has been allocated for management (Article 217 of the Land Law 2024), specifically including:
(7) Land used for public purposes;
(8) Land for rivers, streams, ponds, canals, creeks, marshes, lakes, and lagoons;
(9) Cemetery land, cremation facilities, funeral homes, and ashes storage facilities;
(10) Land with specialized water surface;
(11) Protective forest land, special-use forest land, production forest land;
(12) Land recovered by the State and assigned to land fund development organizations for management;
(13) Land recovered by the State and assigned to the Commune-level People's Committee for management in the cases in Point dd, Clause 1 and Clause 3, Article 82; Clause 5, Article 86; Clause 2, Article 82 in rural areas; Point e Clause 2 Article 181 Land Law 2024;
(14) Land re-allocated or transfer of land use rights by foreign organizations with diplomatic functions when there is no need for use based on international treaties, international agreements and relevant regulations;
(15) Agricultural land in the public land fund of the commune/ward/town;
(16) Unused land.
- Land is recovered due to violations of land law (Article 81 of the Land Law 2024), specifically including:
(17) Using land for improper purposes that have been allocated land, leased land, recognized land use rights and have been administratively sanctioned for using land for improper purposes and still continue to violate;
(18) The user intentionally destroys land and has been administratively sanctioned for continued land destruction;
(19) Land is allocated or leased without the right authority or to the wrong person;
(20) Land transferred or donated from another person may not be transferred or donated;
(21) Land allocated for management by the State is encroached or occupied;
(22) Land users do not fulfill their obligations to the State;
(23) Land that is not used and has been sanctioned for violations without putting the land into use:
- Land for annual crops and aquaculture land must not be used for 12 consecutive months;
- Land for perennial crops must not be used for 18 consecutive months;
- Forest land is not used for 24 consecutive months;
(24) Land that is allocated, leased, has land use rights recognized, allows change of use purpose, receives transfer of land use rights to implement an investment project but is not used for a period of 12 consecutive months from the date of handover or the land use progress is 24 months behind the progress recorded in the investment project;
If the land is not put into use or the land use schedule is slow, the investor can be granted a 24-month extension. At the end of the extended period, if the investor still has not put the land into use, the State will recover it. land without compensation for land and assets attached to land.
- Land is recovered due to termination of land use in accordance with the law and voluntary return of land (Clause 1 and 2, Article 82 of the Land Law 2024), specifically including:
(25) Organizations that are allocated land by the State without collecting land use fees go bankrupt, dissolve or terminate operations;
(26) Individuals using land die without any heirs;
(27) Land use cannot be extended when allocated or leased by the State for a term;
(28) Termination of investment projects;
(29) Forest has been recovered;
(30) Land users voluntarily return land to the State.
- Not eligible to be issued a Red Book:
(31) If you do not meet the conditions to be granted a Red Book, you will not be compensated for the land (often called the Red Book) when it is recovered by the State, except in the case of agricultural land used before July 1, 2004 and the owner Land use is for individuals and households directly engaged in agricultural production.
