1. Time of land acquisition notification
According to Article 85 of the 2024 Land Law, a land recovery notice is a document sent to the person whose land is recovered at least 90 days in advance for agricultural land and 180 days in advance for non-agricultural land.
At the same time, Clause 1 of this Article stipulates the contents required in the land recovery notice, including:
- Reason for land acquisition;
- Information on the area and location of the land to be recovered. In case of land recovery according to the project implementation progress, it is necessary to clearly state the land recovery progress according to the approved project;
- Information on investigation, survey, measurement and inventory plans: Detailed information on the time of measurement and inventory of land and assets attached to land;
- Information on the expected plan to relocate people from the land acquisition area; compensation, support and resettlement plan.
2. Land has been announced for repossession, can it still be bought and sold?
According to current regulations, the law does not allow land users to transfer land use rights when there is a Notice of land recovery for the following reasons:
- Violation of conditions for transfer of land use rights.
Article 45 of the 2024 Land Law stipulates the conditions for transferring land use rights as follows:
+ Land has been granted a Certificate of Land Use Rights;
+ Land is not subject to seizure to ensure execution of judgment;
+ During the land use period;
+ Land has no dispute.
+ Land use rights are not subject to temporary emergency measures as prescribed by law.
Meanwhile, the State's land acquisition will terminate the land use rights and end the land use term of the land owner. Therefore, the case of land that has been announced for land acquisition will not meet the conditions for land transfer as mentioned above.
- Violation of land use obligations
According to Clause 6, Article 76 of the 2024 Land Law, which stipulates the organization of implementation of land use planning and plans: For land areas that must be recovered or have their land use purposes changed in the annual district-level land use plan or must be recovered or have their land use purposes changed as prescribed in Clause 4, Article 67 of this Law, land users may continue to exercise the rights of land users but may not build new houses or works or plant new perennial trees; land users may build under a construction permit with a term, renovate or repair existing houses or works in accordance with the provisions of the law on construction and relevant laws.
Accordingly, when there is a notice of land recovery, the land owner must recover the land according to the notice without transferring the land use rights.
