On the Government Electronic Information Portal, citizens ask:
Point d, Clause 1, Article 151 of the 2024 Land Law states that land has been recovered by a decision of a competent state agency, except in cases where it has been more than 03 years since the time of the land recovery decision but has not been implemented.
However, in practice, conflicts have occurred in understanding, Mr. N.T. H (HCMC) asked, is the phrase "revocation decision" understood as a general revocation decision for all land plots within the project scope, or a specific separate revocation decision according to the order of revocation, specific compensation for each land plot, individual land users?
For more than 03 years of not implementing recovery, how is the phrase "not implementing" understood?
The investor said that it has completed 40% and is still implementing it, not "not implementing" even though it has been behind schedule for 20 years.
People believe that so far there has been no specific decision to recover their land plot and no compensation plan, so they are not in the case specified in point d, clause 1, Article 151 of the 2024 Land Law.
In case functional agencies believe that the land has a "common recovery decision" of the entire project, and at the same time, based on the investor's progress report to determine that the project is still being implemented, it may lead to the failure to apply the regulation on cases exceeding 3 years from the time of the land recovery decision but not yet implemented. According to people, this understanding may affect the legitimate rights of land users and is not consistent with the spirit of removing difficulties and obstacles at suspended projects.
Mr. H reflected on practical problems arising when applying point d, clause 1, Article 151 of the 2024 Land Law and requested functional agencies to consider adjusting or, if necessary, provide specific guidance to unify application nationwide.
The Ministry of Agriculture and Environment answers this question as follows:
Regarding regulations related to "land recovery decisions", Form No. 10 issued together with Circular No. 30/2014/TT-BTNMT dated June 20, 2014 has stipulated the model of land recovery decisions according to the provisions of the 2013 Land Law.
In Form No. 01c of the Appendix issued together with Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government, it is amended to Form No. 47 of Appendix II issued together with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government, which has regulations on the model of land recovery decisions according to the provisions of the 2024 Land Law.
Thus, land recovery decisions issued by competent authorities must ensure the form and contents according to the provisions of land law.
Accordingly, the Decision on land acquisition will take effect from the date... month... year... expressed in the Decision on land acquisition.
Regarding the content of the provisions in point d, clause 1, Article 151 of the 2024 Land Law, currently the Ministry of Agriculture and Environment is assigned the task of presiding over the development and submission for promulgation of the Land Law (amended).
Accordingly, the Ministry will study in the process of developing legal normative documents to advise competent authorities to consider and decide.
