Based on the provisions of Clause 10, Article 3 of Resolution 254/2025/QH15 and Article 4 of Decree 49/2026/ND-CP on cases where land compensation is not granted when the State recovers land, including:
(1) Cases where land compensation is not granted but compensation for remaining land investment costs when the State recovers land is provided for in Clause 1, Article 107 of the 2024 Land Law:
- Land allocated by the State without collecting land use fees, except for agricultural land of households and individuals entitled to land compensation specified in Article 96 of the 2024 Land Law;
- Land allocated by the State to organizations in cases where land use fees are collected but land use fees are exempted;
- 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 cases specified in Clause 2, Article 99 of the 2024 Land Law;
- Land belonging to agricultural land funds used for public purposes leased by commune-level People's Committees;
- Contracted land for agricultural, forestry, aquaculture, and salt production;
- The area of agricultural land allocated exceeds the limits specified in Article 176 of the 2024 Land Law.
(2) Land managed by State agencies and organizations specified in Article 217 of the 2024 Land Law:
- Land managed by state agencies and organizations is land that has not been allocated, not yet leased or has been allocated land for management, including:
+ Land used for public purposes;
+ River, stream, canal, ditch, stream, pond, lake, lagoon, lagoon land;
+ Cemetery land, funeral home, cremation facility; land for ash storage facilities;
+ Land with specialized water surface;
+ Special-use forest land, protection 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 commune-level People's Committees for management in cases specified in points 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 the 2024 Land Law;
+ Land handed over, transfer of land use rights of foreign organizations with diplomatic functions when there is no need to use land is implemented on the basis of international treaties, international agreements and relevant legal regulations;
+ Agricultural land used for public purposes of communes, wards, and towns;
+ Unused land.
- State agencies and organizations assigned to manage the land fund specified in Clause 1 of this Article are responsible for managing and preserving the area of land assigned to management; the use of the above-mentioned land fund shall be implemented according to the corresponding land use regime according to the provisions of the 2024 Land Law.
(3) Land recovered in the following cases:
- Land recovery due to violations of land law stipulated in Article 81 of the 2024 Land Law.
- Cases of land recovery due to termination of land use according to law (stipulated in Clause 1, Article 82 of the 2024 Land Law).
- Land users reduce or no longer need to use land and voluntarily return land according to the provisions of Clause 2, Article 82 of the 2024 Land Law.
(4) Other cases prescribed by the Government include:
- Using land due to encroachment on land, occupying land of agency headquarters, public works, and public works before July 1, 2014 that has been prevented by a document, but land users still intentionally violate.
- Land use due to land encroachment and land occupation from July 1, 2014 onwards for land managed by state agencies and organizations.
