Case 1: Households and individuals using land before July 1, 2014 due to encroachment and occupation of safety protection corridors for public works after the State has announced and marked the protection corridor.
Or encroaching or occupying roadways, sidewalks, and sidewalks after the State has announced construction boundaries or encroaching on land or occupying land used for the purpose of building headquarters for agencies, public works, or other public works, the State will reclaim the land to return to the works without granting certificates of land use rights and ownership of assets attached to the land for the encroached or occupied land area.
However, in cases where there have been adjustments to land use planning and construction planning approved by competent authorities, the land area is now encroached and occupied:
+ No longer in the safety protection corridor of public works not within the boundary of road construction;
+ Not intended for use in agency headquarters, public works and other public works
=> Land users are considered for granting certificates of land use rights and ownership of assets attached to land and must fulfill financial obligations according to the provisions of law.
Case 2: Households and individuals using land before July 1, 2014 due to encroachment on land and occupation of land of agricultural and forestry origin that have been allocated land by the State without collecting land use fees to subjects through the periods will be handled as follows:
- In case of using encroached and occupied land areas under the forestry planning for special-use forests and protective forests, the Provincial People's Committee shall direct the recovery of encroached and occupied land to assign to the Forest Management Board for management and use of land.
People who are using encroached or occupied land are considered by the forest management board for forest protection and development contracts according to the provisions of the law on forestry.
In case there is no forest management board, the person using the land encroaches or is subject to land allocation by the State for use in the purpose of protecting and developing protective forests and is considered for granting a certificate of land use rights and ownership of assets attached to the land;
- In case of land encroachment, land occupation and now being used for agricultural production purposes or housing purposes before July 1, 2014
+ Not included in the forestry planning for special-use forests and protective forests.
+ Not subject to land use planning for the purpose of building public infrastructure works.
=> Land users are considered for granting certificates of land use rights and ownership of assets attached to land and must fulfill financial obligations according to the provisions of law.
Case 3: Households and individuals using land encroachment or occupation not falling under the above cases and cases of land use not for the right purpose that have been allocated land, leased land, or recognized by the State for land use rights shall have stable land users, in accordance with:
+ District-level land use planning
+ General planning
+ Zoning plan
+ Construction planning or rural planning
=> To be considered for granting a certificate of land use rights, ownership of assets attached to land and must fulfill financial obligations according to the provisions of law;
Case 4: Households and individuals who are using agricultural land due to self-reclaimed land and no disputes shall be granted a certificate of land use rights and ownership of assets attached to the land by the State according to the agricultural land allocation limit prescribed by the Provincial People's Committee.
If the limit is exceeded by the Provincial People's Committee, the excess area must be converted to State land lease.
