The Ministry of Agriculture and Environment is submitting a dossier for appraisal of the draft Resolution of the National Assembly regulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law.
Clause 7, Article 4 of the draft stipulates other cases that are not compensated for land when the State reclaims land, including:
Cases specified in Clause 1, Article 107 of the Land Law.
Clause 1, Article 107 of the Land Law stipulates that the following cases:
Land allocated by the State without collecting land use fees, except for the case of agricultural land of households and individuals compensated for land as prescribed in Article 96 of this Law.
Land allocated by the State to an organization in a case of land use fees collection but exempted from land use fees;
Land leased by the State with annual land rent payment; leased land with one-time land rent payment for the entire lease term but exempted from land rent, except for the cases specified in Clause 2, Article 99 of this Law.
Land belonging to the agricultural land fund for public purposes is leased by the People's Committee at the commune level.
Land received under contracts for agricultural production, forestry, aquaculture, and salt production.
The area of agricultural land allocated exceeds the limit prescribed in Article 176 of this Law.
Land managed by State agencies and organizations specified in Article 217 of the Land Law will not be compensated.
Article 217 of the Land Law stipulates that land managed by State agencies and organizations is land that has not been allocated, leased or has been allocated for management, including:
Land used for public purposes.
River, stream, channel, stream, pond, lake, lagoon, and breakwater.
Land for cemeteries, funeral homes, crematoriums; land for facilities for storing ashes.
Land with a dedicated water surface.
Special-use forest land, protective forest land, production forest land.
Land recovered by the State and assigned to land fund development organizations for management.
Land recovered by the State and assigned to the People's Committee at the commune level for management in cases specified in Point d, Clause 1 and Clause 3, Article 82; Clause 2, Article 82 in rural areas; Clause 5, Article 86; Point e, Clause 2, Article 181 of this Law.
Land transfer or transfer of land use rights of foreign organizations with diplomatic functions when there is no need to use land shall be carried out on the basis of international treaties, international agreements and relevant legal provisions.
Agricultural land used for public purposes of communes, wards and towns.
Unused land.
Land recovered in cases specified in Articles 81, Clause 1 and Clause 2, Article 82 of the Land Law will also not be compensated.
Article 81 of the Land Law stipulates cases of land recovery due to violations of land laws.
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.
Land users destroying land and having been administratively sanctioned for land destruction and continuing to violate.
Land is allocated or leased to the wrong subject or without proper authority.
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.
Land assigned by the State for management is encroached upon or occupied.
Land users do not fulfill financial obligations to the State.
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.
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.
The cases specified in Clauses 6, 7 and 8 of this Article do not apply to cases of force majeure.
Clause 1, 2, Article 82 of the Land Law stipulates land recovery due to termination of land use according to law, voluntary return of land, risk of threatening human life, and no longer being able to continue using.
Cases of land recovery due to termination of land use according to law include:
Organizations allocated land by the State without collecting land use fees are dissolved, bankrupt or terminated according to the provisions of law.
Individuals using land die without heirs after fulfilling their property obligations according to the provisions of the law on civil matters.
Land allocated or leased by the State for a term but not extended for land use.
Land recovery in case of termination of investment projects according to the provisions of the law on investment.
Land recovery in cases where forests have been recovered according to the provisions of the law on forestry.
Land users have reduced or no longer have a need to use land and have a voluntary application to return the land.
