New regulations on the order and procedures for land recovery due to violations of land law from August 15, 2025

Huy Hùng |

Procedures for land recovery due to violations of land laws have changed according to the new Decree of the Government.

The Government issued Decree No. 226/2025/ND-CP dated August 15, 2025 amending and supplementing a number of articles of decrees detailing the implementation of the Land Law, in which, amending and supplementing a number of articles of Decree No. 102/2024/ND-CP detailing the implementation of a number of articles of the Land Law.

Decree 222 amends and supplements a number of points and clauses of Article 32 to regulate the order and procedures for land recovery due to violations of land law as follows:

Amend and supplement Clause 3 as follows:

"3. Within 10 days from the date of receipt of the dossier, the Chairman of the People's Committee at the competent level is responsible for notifying the land recovery to the person whose land is recovered, the owner of the property attached to the land, and the person with related rights and obligations (if any). People whose land is recovered, owners of assets attached to land, and people with related rights and obligations for assets specified in Clauses 2 and 3, Article 105 of the Land Law are responsible for handling assets on land within the time limit specified in the land recovery notice from the date of receipt of the land recovery notice but not exceeding 45 days, except for the case specified in Clause 7 of this Article. ".

Amend and supplement Point a, Clause 7 as follows:

"a) In case of land recovery as prescribed in Clause 6, Article 81 of the Land Law, the value of the property shall be determined at the time of the land recovery decision determined by the Property Valuation Council. Within 10 days from the date of the land recovery decision, the competent land management agency shall submit to the competent authority to recover the land to establish a Property Valuation Council.

The remaining value of assets after deducting expenses for land recovery, including costs for preparing land recovery records, costs for compulsory land recovery (if any), expenses for asset valuation and other expenses for land recovery, shall be refunded to the owner of the property attached to the recovered land within no more than 30 days from the date the other investor is allocated or leased land by the State to pay financial obligations equal to or greater than the above refund amount".

Huy Hùng
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