Failure to return land will result in forced confiscation.
The State has the right to reclaim land for national defense and security purposes (cases of reclamation are clearly stated in Article 78 of the 2024 Land Law) and to reclaim land for socio-economic development in the national and public interest (Article 79 of the 2024 Land Law).
After the competent state agency has properly implemented the procedures for land recovery, if the land user does not comply with the handover of land to the organization in charge of compensation and site clearance, the land will be forcibly recovered according to regulations.
This content is clearly stipulated in Point b Clause 7 Article 87 of the 2024 Land Law, specifically as follows:
a) The People's Committee at the commune level shall preside over and coordinate with the Vietnam Fatherland Front Committee at the commune level where the land is recovered and the units and organizations performing the tasks of compensation, support and resettlement to mobilize and persuade people whose land is recovered, owners of assets attached to the land, and people with related rights and obligations to hand over the land to the units and organizations performing the tasks of compensation, support and resettlement;
b) The mobilization and persuasion must be carried out within 10 days and must be expressed in writing. After 10 days from the end of the mobilization and persuasion, if the person whose land is to be recovered still does not comply with the handover of land to the unit or organization performing the task of compensation, support and resettlement, the Chairman of the People's Committee at the district level shall issue a decision on compulsory land recovery and organize the implementation of the compulsory recovery according to the provisions of Article 89 of this Law.
It can be seen that when implementing the recovery, people will only be able to choose and agree on the compensation plan but will not be able to choose the amount of compensation they will receive.
According to Clause 2, Article 91 of the 2024 Land Law, people whose land is recovered can choose the form of compensation in cash, residential land or housing. In case of compensation in cash, the specific land price for compensation is decided by the People's Committee at the competent level.
Land users have no right to negotiate compensation prices.
As stated above, when the State reclaims land, land users are obliged to comply and do not have the right to negotiate compensation prices but can only choose compensation options.
Land compensation prices are also decided by the State according to specific land prices (specific land prices must be based on investigation, collection of information about land plots, market land prices and information about land prices in the land database and application of appropriate land valuation methods).
Thus, according to the current land law, when the State recovers land, people do not have the right to negotiate the compensation price but will have the right to express their opinions on the compensation plan for site clearance. Because people are not land owners but only "land users" according to the provisions of the Constitution and the law.
In short, even if the land user finds the compensation price unsatisfactory, he/she must still hand over the land to the State. If he/she fails to do so, the land will be forcibly recovered; in case there is reason to believe that the State agency has made a mistake, the land user has the right to complain or file an administrative lawsuit.
