1. Will unused agricultural land be reclaimed?
Agricultural land that has been abandoned for a long time is determined to be a violation of the law and is subject to land reclamation. Specifically, Clause 7, Article 81 of the 2024 Land Law stipulates:
Land for growing annual crops, land for aquaculture not used for 12 consecutive months, land for growing perennial crops not used for 18 consecutive months, land for growing forests not used for 24 consecutive months and has been administratively sanctioned without putting the land into use within the time limit stated in the decision on sanctioning administrative violations.
Thus, in cases of not using agricultural land for a certain period of time, the specific land will be reclaimed, which is:
- Land for growing annual crops: Not used for 12 consecutive months.
- Land for perennial crops: Not used for 18 consecutive months.
- Forestry land: Not used for 24 consecutive months.
2. What are the procedures for reclaiming land that violates land laws?
Currently, the order and procedures for reclaiming violating land are implemented according to Article 32 of Decree 102/2024/ND-CP as follows:
Step 1: Make a record of administrative violations to serve as a basis for the decision to reclaim land or the conclusion of the competent inspection and examination agency on cases where land must be reclaimed.
Step 2: The competent land management agency shall prepare a land recovery dossier and submit it to the People's Committee at the competent level for land recovery:
- Report on land recovery.
- Draft Decision on land recovery.
- Decision on administrative violation/conclusion on cases of land recovery.
- The implementation period is 30 days after receiving the document from the agency in step 1.
Step 3: The People's Committee shall notify the competent land user within 10 days after receiving the dossier.
