1. What is encroachment on unused land?
Pursuant to the provisions of Clause 9, Clause 31, Article 3 of the 2024 Land Law:
- Land occupation is the use of land managed by the State without permission from a competent state agency or the use of land by another legal land user without permission from that person.
- Land encroachment is the act of a land user moving the boundary markers or boundaries of a land plot to expand the land use area without permission from a competent state agency or without permission from the legal user of the encroached land area.
Regarding unused land, Clause 4, Article 9 of the 2024 Land Law stipulates: The group of unused land is land with unknown purpose of use and has not been allocated or leased.
In addition, based on Article 6 of Decree 102/2024/ND-CP, the group of unused land is regulated in detail as follows:
- Land reclaimed by the State in accordance with the provisions of the law on land not yet allocated or leased for use shall be assigned to the People's Committee at the commune level and the land fund development organization for management.
- Unused flat land is unused land in flat areas in plains, valleys, and plateaus.
- Unused hill land is unused land on steep terrain in hills and mountains.
- Rocky mountain land without forests is unused land in the form of rocky mountains without forests.
- Unused land with water surface is land with water surface that has not been allocated, leased, or has not been determined for land use purposes.
2. Handling acts of encroachment on unused land
Clause 1, Article 11 of the 2024 Land Law clearly states that encroachment, occupation, and destruction of land are acts strictly prohibited by law. Therefore, encroachment and occupation of unused land will also be handled according to the law.
2.1 Sanctioned for administrative violations
Pursuant to Clause 1 and Clause 6, Article 13 of Decree 123/2024/ND-CP, the penalty for encroachment on unused land is as follows:
In addition to the main form of punishment, which is a fine, the violator is also required to take remedial measures:
- Forced to restore the original state of the land before the violation and forced to return the encroached or occupied land;
- Forced to return any illegal profits gained from committing the violation.
2.2 Revoked the encroached land area
Pursuant to Clause 1, Article 11, Article 139, Clause 1, Article 241 of the 2024 Land Law; Clause 1, Clause 8, Article 13 of Decree 123/2024/ND-CP; Article 32 of Decree 102/2024/ND-CP, in case of encroachment on unused land of the State, the following shall be resolved:
- Those who encroach or occupy unused land of the State will be forced to return the land to the State (the encroached or occupied land will be reclaimed).
- If the land is not voluntarily returned, it will be forcibly recovered.
- If the construction has been built on encroached or occupied land, the construction may be dismantled and not compensated.
- Only in special cases, if eligible for a Land Use Rights Certificate according to the provisions of Article 139 of the 2024 Land Law, will it not be revoked immediately, but this case is very limited.
