According to the Land Law 2013
Previously, the 2013 Land Law clearly stipulated the cases in which the State reclaims land in Clause 1, Article 16, including:
- Revocation for national defense and security purposes; socio-economic development for national and public interests;
- Revocation due to violation of land law;
- Revocation due to termination of land use according to law, voluntary return of land, or risk of threatening human life.
In particular, in cases where land does not have documents due to being assigned or leased to the wrong subject or without proper authority, the land will be reclaimed by the competent State agency due to violation of land laws.
On the other hand, Clause 1 and Clause 2, Article 101 of the 2013 Land Law also stipulate that in cases where households and individuals are using land without documents on land use rights, their land use rights will still be recognized if they meet the conditions prescribed by law.
Thus, from the provisions of the old Law, it can be seen that not all cases of land without documents will have their land recovered.
However, people also need to note that using land without documents will bring many risks such as: Unable to verify the origin of the land; Easy to have disputes; Restricted land use rights such as: Buying and selling, mortgage loans...; No compensation when recovered...
According to Land Law 2024
Basically, the 2024 Land Law still stipulates cases of land recovery by the State similar to the 2013 Land Law, only adding cases of land recovery due to no longer being able to continue using it.
Article 138 of the 2024 Land Law stipulates that households and individuals using land without documents on land use rights without violating land laws and not falling into cases where land is allocated without proper authority can still be granted a Certificate if they meet the conditions prescribed by law in this Article.
From the above clause, it can be inferred that the statement that people without land papers will have their land recovered is incorrect.
In short, based on the newly issued Land Law 2013 or Land Law 2024, the view that all cases of land without documents will be recovered is incorrect.
