Article 81, Land Law 2024 stipulates cases of land recovery due to violations of land laws. In particular, abandoning agricultural land is an illegal act. If the agricultural land user does not use the land continuously for a period of time, it will be revoked.
According to Clause 7, Article 81, annual crop land and aquaculture land cannot be used for 12 consecutive months; Land for perennial crops must not be used for 18 consecutive months; Forestry land that has not been used for a period of 24 consecutive months and has been sanctioned for an administrative violation without putting the land into use within the time limit stated in the decision on sanctioning an administrative violation will be revoked.
In addition, there are a number of cases of land confiscation for violations, including:
- Using land for improper purposes that has been allocated, leased, or recognized by the State for land use rights and has been subject to administrative penalties for using land for improper purposes but continues to violate.
- The land user destroys the land and has been administratively sanctioned for land destruction but continues to violate it.
- Land is allocated or leased to the wrong people or without the right authority.
- Land received as a transfer or donation from a person to whom the State allocates or leases land but the person to whom the land is assigned or leases land is not allowed to transfer or donate according to the provisions of this Law.
- Land assigned to be managed by the State is allowed to be encroached upon or occupied.
- Land users do not fulfill financial obligations to the State.
- Land allocated, leased, allowed to change use purpose, recognized by the State, or received transfer of land use rights to implement an investment project that has not been used for a period of 12 consecutive months If the land use progress or progress is 24 months behind the progress recorded in the investment project, from the date of land handover on the ground, the land must be put into use.
In case the land is not put into use, the investor is given a 24-month extension and must pay an additional amount to the State corresponding to the land use fee and land rent for the period of delayed implementation. project during this time.
In case the extended period expires and the investor still has not put the land into use, the State will recover the land without compensation for the land, assets attached to the land, and remaining investment costs in the land will also be charged. recall.
