Citizens send questions to the Ministry of Agriculture and Environment with the content:
We respectfully request your agency to consider, respond and answer to the following contents:
According to the provisions of the 2003 Land Law, is the authority to recover land area encroaching on corridors and traffic roads of households, individuals, and organizations using land under the commune-level People's Committee or under the authority of the district-level People's Committee?
According to the provisions of the 2013 Land Law, is the authority to recover land area encroaching on corridors and traffic roads of households, individuals, and organizations using land under the commune-level People's Committee or under the authority of the district-level People's Committee?
When handling and recovering land areas encroaching on corridors and traffic roads of households, individuals, and organizations using land according to the provisions of the 2003 Land Law and the 2013 Land Law, is it mandatory for competent authorities to issue decisions to recover land for the encroached area?
According to the provisions of the 2024 Land Law, after implementing the arrangement and merger of administrative units, is the authority to recover land area encroaching on corridors and traffic roads of households, individuals, and organizations using land under the People's Committees of communes and wards or under the authority of the People's Committees of districts and provinces?
Answering this content, the Ministry of Agriculture and Environment has the following opinions:
- Regarding the authority to recover land under the 2003 Land Law
Article 44 of the 2003 Land Law stipulates: Provincial People's Committees decide to recover land for organizations; District People's Committees decide to recover land for households and individuals.
At the same time, Article 38 of the 2003 Land Law stipulates that the State recovers land in cases of land use in violation of land law, including acts of encroachment and land occupation.
- Regarding the authority to recover land under the 2013 Land Law
Article 64 of the 2013 Land Law stipulates that the State recovers land due to violations of land law, including cases:
- Land allocated by the State for management but allowed to be encroached upon and occupied;
- Land is encroached upon and occupied.
Article 66 of the 2013 Land Law stipulates: Provincial People's Committees decide to recover land for organizations; District People's Committees decide to recover land for households and individuals.
The commune-level People's Committee is responsible for detecting and preventing land violations in the area according to Article 208 of the 2013 Land Law.
- Regarding the issuance of decisions to recover land for encroached traffic land areas:
According to the provisions of the 2003 Land Law and the 2013 Land Law, land recovery is under the authority of the competent People's Committee and must be carried out by an administrative decision on land recovery.
Therefore, in case of handling the encroached traffic land area according to the land recovery mechanism due to violations of land law, the competent state agency must issue a land recovery decision according to regulations.
- Regarding the authority to recover land under the 2024 Land Law
Article 83 of the 2024 Land Law stipulates: Provincial People's Committees decide to recover land for organizations; District People's Committees decide to recover land for individuals and residential communities.
According to Clause 1, Article 14 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government, provincial-level People's Committees have the authority to decide on land recovery and decide on the decentralization and authorization of agencies and people with authority to implement in accordance with the actual situation of the locality. This is the basis for decentralizing authority to commune-level People's Committees to implement land recovery contents in violation of the Land Law.
