Citizens send questions to the Ministry of Agriculture and Environment with the content:
According to the provisions of Clause 1, Article 14 of Decree 49/2026/ND-CP dated January 31, 2026 of the Government on the authority to recover land of provincial-level People's Committees, are cases where people voluntarily return land to open common walkways to serve land subdivision and separation within the scope of "land recovery" according to this regulation or not?
If not, does the People's Committee of commune/ward have the authority to issue a decision to recover the land area that people voluntarily returned to the State?
The Department of Land Administration, Ministry of Agriculture and Environment exchanged as follows:
Clause 35, Article 3 of the 2024 Land Law stipulates: State land recovery is the act of a competent state agency issuing a decision to revoke the land use rights of land users or revoke land from land users or revoke land being managed by the State.
Clause 2, Article 82 of the 2024 Land Law stipulates land recovery for cases where land users reduce or no longer need to use land and voluntarily return land.
Currently, the order and procedures for compensation, support, resettlement, and land recovery have been amended and supplemented according to the provisions of Article 14, Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government detailing and guiding a number of articles of Resolution No. 254/2025/QH15.
It is requested that you, citizens, study the above regulations and contact the land management agency in your locality for consideration and guidance.
