According to Article 32 of Decree 102/2024/ND-CP, the procedure for reclaiming 50-year land due to violations of land law is as follows:
Determine the basis for land recovery
The land to be recovered must fall under the cases specified in Articles 68 and 69 of the 2024 Land Law, such as serving national defense and security purposes; Socio-economic development for national and public interests; Land that violates land laws or is not used for the right purpose; Land whose term of use has expired without being extended.
Land reclamation notice:
The competent state agency will send a notice of land recovery to organizations and individuals using the land. The notice of land recovery will be sent directly to each individual and organization using the land and posted publicly at the headquarters of the People's Committee of the commune or residential area where the land is recovered.
The person whose land is recovered is responsible for handling the assets on the land within the time limit specified in the land recovery notice, from the date of receipt of the land recovery notice, but not exceeding 45 days.
Inventory, survey and compensation plan
Conduct an actual inspection of land use and assets on land and compare with the purpose of use recorded in the records.
Determine compensation and settlement support levels according to regulations.
Develop a compensation plan and publicize the plan so that people know and contribute their opinions.
Compensation payment, support for people
Make compensation and resettlement support payments before land acquisition.
The People's Committee at the competent level issues a decision to reclaim land and carries out land reclaim after completing the above steps.
Talking with lawyer Truong Anh Tu (TAT Law Firm), people should pay special attention to cases of forced land acquisition for 50 years.
Compulsory land acquisition for 50 years can only be carried out when the following conditions are met:
The land acquisition decision has been legally issued.
The revoked person did not comply after being notified several times.
The competent authority has organized mobilization, persuasion, and dialogue but has not reached an agreement.
Completed compensation, support and resettlement plan (if any).
The enforcement notice shall be sent directly to the land user and publicly posted at the location of the land to be recovered at least 30 days in advance.
Lawyers also recommend that people should proactively check the expiration date on the Land Use Rights Certificate and submit an application for extension before it expires.
Enforcement must ensure that people have received adequate compensation and resettlement support; Illegal or non-transparent enforcement actions may be subject to complaints and lawsuits according to regulations.
