The Handbook guiding state management in the land sector when implementing the two-level local government of the Department of Land Management stipulates the Land Reclaimance Sequence due to termination of land use according to law, voluntary return of land, risk of threatening human life, no longer being able to continue using the provisions in Clauses 1, 2 and 3, Article 82 of the Land Law.
Step 1. The competent authority or person shall send one of the following documents or papers to the Chairman of the People's Committee at the provincial/commune level:
- Documents of competent authorities that have come into legal effect in cases where a State- allocated land organization without collecting land use fees is dissolved, bankrupt or terminated in accordance with the provisions of law.
- death certificate or decision to declare a person as deceased according to the provisions of law in cases where an individual using land dies without an heir after fulfilling property obligations according to the provisions of the law on civil matters.
- Decision on land allocation, decision on land lease, Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, ownership rights of assets attached to land in cases where land is allocated or leased by the State for a term but not extended for land use.
- Documents for termination of investment projects in cases of land recovery in cases of termination of investment projects according to the provisions of the law on investment.
- Forest recovery document for land recovery cases in cases where the forest has been recovered according to the provisions of the law on forestry.
- Land return document of the land user in cases where the land user has reduced or no longer has a need to use the land and has a voluntary application to return the land.
- Documents from competent authorities determining the level of environmental pollution, landslides, subsidence, and being affected by other natural disasters in cases of land recovery due to the risk of threatening human life or no longer being able to continue using.
Step 2. Within 05 days from the date of receipt of the dossier, the Chairman of the Provincial/Commune People's Committee 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).
Step 3. Within 10 days from the date of expiration of the notice of land recovery period, the Chairman of the Provincial/Commune People's Committee is responsible for issuing a decision to recover land and directing the implementation of the land recovery decision.
In case the land user does not comply, the land recovery decision will be enforced.
