Pursuant to Article 81 of the 2024 Land Law, the following cases of land recovery due to violations of land laws are regulated:
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.
7. Land for growing annual crops, land for aquaculture not used for 12 consecutive months, land for growing perennial crops not used for 18 consecutive months, land for growing forests not used for 24 consecutive months and has been administratively sanctioned without putting the land into use within the time limit stated in the decision on sanctioning administrative violations.
8. Land allocated, leased, permitted by the State to change the purpose of use, recognize land use rights, receive the transfer of land use rights to implement investment projects but not used for 12 consecutive months from the date of receiving land handover on site or the land use progress is 24 months behind the progress recorded in the investment project; in case the land is not put into use or the land use progress is delayed compared to the progress recorded in the investment project, the investor is allowed to extend the use period for no more than 24 months and must pay the State an additional amount corresponding to the land use fee and land rent for the extended period; after the extension period and the investor has not yet put the land into use, the State will reclaim the land without compensation for the land, assets attached to the land and the remaining investment costs.
9. The cases specified in Clauses 6, 7 and 8 of this Article do not apply to cases of force majeure.
10. The Government shall detail this Article.
Thus, land assigned by the State for management but encroached upon will be reclaimed due to violations of land laws.
