Will land that is assigned to be managed and used by the State be encroached upon?
Pursuant to Article 81 of the 2024 Land Law, the State will issue a decision to recover cases of violations of land laws, specifically including:
(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 regulations.
(5) Land assigned by the State for management but is encroached upon or occupied.
(6) Land users who do not fulfill financial obligations to the State.
(7) Land for growing annual crops, 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 handling administrative violations;
. In case of not putting land into use or behind the land use schedule compared to the schedule stated in the investment project, the investor may extend the shelf life not exceeding 24 months and must pay additional money to the State with the amount of money corresponding to the land use fee and land rent for the extended time; At the end of the extension, the investor has not yet put the land into use, the State recovers land without compensation for land and property attached to the land and the cost of investment in the remaining land.
(6) The cases specified in Clauses (6), (7) and (8) do not apply to force majeure cases.
Thus, in case a land user is allocated land by the State for management and use but is encroached upon by others, the State will issue a decision to reclaim it.
Not implementing compensation when reclaiming encroached land
In Clause 1, Article 105 of the 2024 Land Law, compensation will not be paid for assets attached to land that are one of the cases of land recovery when the land is assigned for management by the State but is encroached upon or occupied.
Pursuant to Clause 3, Article 101, referring to Article 81 of the 2024 Land Law, in case of land recovery due to land users violating land laws (specifically, land assigned by the State for management but being encroached upon or occupied), a decision will be issued to recover and compensation will not be paid.
Thus, in the case of land allocated to land users for management but the land users let that land be encroached, the State will issue a decision to reclaim the land and not implement a compensation plan for land and assets attached to the land in all cases.
