Cases of land recovery due to termination of land use
Cases of land recovery due to termination of land use are stipulated in Clause 1, Article 82 of the 2024 Land Law as follows:
(1) Organizations allocated land by the State without collecting land use fees are dissolved, bankrupt or terminated according to the provisions of law;
(2) Individuals using land die without heirs after fulfilling their property obligations according to the provisions of the law on civil matters;
(3) Land allocated or leased by the State for a term but not extended for land use;
(4) Land recovery in case of termination of investment projects according to the provisions of the law on investment;
(5) Land recovery in cases where the forest has been reclaimed according to the provisions of the law on forestry.
Regulations on land recovery due to termination of land use
According to Article 33 of Decree 102/2024/ND-CP (amended and supplemented by Decree 226/2025/ND-CP), land recovery is regulated in the cases specified in Clauses 1, 2 and 3, Article 82 of the 2024 Land Law as follows:
- Within 30 days from the date of receipt of the document specified in Points (1), (2), 4, 5), (6) and (7) above, the competent land management agency shall submit to the competent state agency for land recovery.
In case of revocation as prescribed in Point (3) , Section 1, it shall be implemented according to the provisions of Clause 4, Article 172 of the 2024 Land Law.
4. In case the land use term is not extended, the land user is responsible for handling the assets attached to the land to return the site to the State. After 24 months from the date of expiration of the land use term if the land user does not handle the property, the State will reclaim the land without compensation for the land and assets attached to the land; in case of demolition, the owner of the property shall bear the demolition costs.
- Responsibilities of the person whose land is recovered:
+ Comply with the land recovery decision;
+ Hand over land and documents on land use rights to competent authorities and individuals specified in the land recovery decision.
- Responsibility of the People's Committee at the competent level:
+ Notice of land recovery to land users and post on the portal or electronic information page of the People's Committee at the provincial and commune levels;
+ Direct the handling of the remaining value of the value invested in land or assets attached to land (if any) according to the provisions of law;
+ Direct the People's Committee at the commune level to organize the enforcement of the land recovery decision according to regulations;
+ Allocate funding for compulsory land recovery.
- In case of land recovery as prescribed in Point (5) of Section 1 for households, individuals, communities, and organizations assigned to forest without collecting money and having to recover forests, the land recovery shall be carried out at the same time as forest recovery, according to the following provisions:
+ Within 30 days from the date of receipt of the document, which is the basis for forest recovery according to the provisions of the law on forestry, the specialized agency on agriculture and environment at the commune level shall submit to the Chairman of the People's Committee at the commune level a decision to reclaim land at the same time as forest recovery according to Form No. 01d in the Appendix issued with Decree 226/2025/ND-CP;
+ Responsibilities of those whose land is recovered shall comply with the provisions of the law on land and the law on forestry.
