Pursuant to Clause 1, Article 83 of the 2024 Land Law, the authority to reclaim land and handle cases of reclaiming land and assets attached to land that are public assets is as follows:
1. The Provincial People's Committee decides to reclaim land for domestic organizations, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions, and economic organizations with foreign investment capital falling under the provisions of Articles 81 and 82 of this Law.
2. The People's Committee at the district level decides to reclaim land in the following cases:
a) Land recovery in cases specified in Articles 78 and 79 of this Law does not discriminate between land users, organizations, and individuals who are managing or owning land.
b) Land recovery for households, individuals, and communities in the cases specified in Articles 81 and 82 of this Law.
In addition, Article 81 of the 2024 Land Law stipulates the following cases of land recovery due to violations of land laws:
1. Using land for purposes other than those assigned, leased, or recognized by the State and having been administratively sanctioned for land use violations and continuing to violate.
2. Land users destroying land and having been administratively sanctioned for land destruction and continuing to violate.
3. Land is allocated or leased to the wrong subject or without proper authority.
4. Land received by transfer or donation from a person to whom the State has allocated or leased land but the person to whom the land is allocated or leased is not allowed to transfer or donate according to the provisions of this Law.
5. Land assigned by the State for management is encroached upon or occupied.
6. Land users do not fulfill financial obligations to the State.
Thus, the competent authority to reclaim land granted by the wrong authority includes:
- For domestic organizations, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions, economic organizations with foreign investment capital: The Provincial People's Committee has the authority.
- For households, individuals, and communities: District People's Committee has the authority.
