Will agricultural land that is not used be reclaimed?
According to Article 81 of the 2024 Land Law, 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.
Thus, in cases where land is allocated or leased for agricultural land but not put into use for each specific purpose of use corresponding to the above period and has been administratively sanctioned but not put into use within the period stated in the decision on administrative sanction, the land user will have the land revoked in case of violation of land law.
Is unused agricultural land recovered compensated for land?
According to Article 101 of the 2024 Land Law, cases of non-compensation for land when the State reclaims land:
1. Cases specified in Clause 1, Article 107 of this Law.
2. Land managed by State agencies and organizations as prescribed in Article 217 of this Law.
3. Land recovered in cases specified in Articles 81, Clause 1 and 2, Article 82 of this Law.
4. In case the conditions for granting a Certificate of land use rights and ownership of assets attached to land are not met as prescribed in this Law, except for the cases specified in Clause 3, Article 96 of this Law.
Thus, in cases where unused agricultural land is recovered, it is subject to land recovery due to violations of land law, so compensation for land will not be paid
