According to the provisions of Clause 1, Point a and Point c, Clause 2, Clause 3, Article 139 of the 2024 Land Law, land use violations before July 1, 2014 from August 1, 2024 will be handled as follows:
(1) In case of land use due to encroachment or occupation of public works safety corridors; roadsides, sidewalks; encroachment or occupation for the purpose of building agency headquarters, public works, other public works, not only will the land not be granted a Certificate but the land will also be reclaimed by the State.
However, if after the planning adjustment, the competent authority has approved this encroached area that is no longer within the public works safety corridor, not within the road construction boundary (roadway, sidewalk)...: Consider granting a Certificate for that area and must fully fulfill financial obligations as prescribed.
(2) In case of land use due to encroachment or occupation of land originating from agricultural and forestry farms that have been allocated land by the State without collecting land use fees over the following periods:
- If there is encroachment on land areas under forestry planning (special-use forests or protective forests), the Provincial People's Committee has the right to direct the recovery of the encroached land.
After recovery, this land will be assigned to the Forest Management Board for management and use.
Encroachers will not lose all their rights but may be considered by the Forest Management Board for continued use of the land through the form of forest protection and development contracts. This means that encroachers will be responsible for participating in forest protection and development according to forestry laws.
- If there is no Forest Management Board in the area, the person who has encroached on the land can be allocated land by the State to use for the purpose of protecting and developing protective forests.
At the same time, land users can be considered for a Certificate of Land Use Rights and Ownership of Property Attached to the Land. This means that they will have legal and long-term land use rights, but must comply with regulations on forest protection and development.
- In case the land in use is encroached land that is part of the land use planning for the purpose of building public infrastructure: The encroached land will be recovered to hand over to the investor for construction implementation.
However, people who are using land in violation can still temporarily use it until it is recovered, but must maintain the current land use status and must fully declare and register the land according to regulations.
(3) In case of land encroachment and occupation and currently using land for agricultural purposes or housing before July 1, 2014, but not in the forestry planning for special-use forests or special-use forests; not in the planning for construction of public works: The land use right certificate will be considered and financial obligations must be fully performed according to regulations.
(4) In case of encroached land use not falling under cases (1), (2) or land used for incorrect purposes but the State has allocated/leased land and recognized land use rights:
- If the land is being used stably and in accordance with the planning: Consideration will be given to granting a Certificate and full financial obligations must be fulfilled as prescribed.
- If not in accordance with planning: Can be temporarily used until the land is reclaimed, but must maintain the current status of the land and must register and declare land according to regulations.
