1. How long will it take for abandoned agricultural land to be reclaimed?
Pursuant to Article 81 of the 2024 Land Law, the following cases of land recovery due to violations of land laws are regulated:
- Land for growing annual crops, 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.
- The cases specified in Clauses 6, 7 and 8 of this Article do not apply to cases of force majeure.
Thus, abandoned agricultural land will be specifically reclaimed in each of the following cases:
- Land for growing annual crops and aquaculture not used for 12 consecutive months has been administratively sanctioned without putting the land into use within the time limit stated in the decision on handling administrative violations;
- Land for perennial crops that has not been used for 18 consecutive months has been administratively sanctioned without being put into use within the time limit stated in the decision on handling administrative violations;
- Land for forestry has not been 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 administrative sanction.
Note: Unused abandoned cases will not be revoked if due to force majeure cases.
Cases of force majeure that do not result in agricultural land being reclaimed due to abandonment and disuse
Pursuant to Clause 1, Article 31 of Decree 102/2024/ND-CP, it is stipulated as follows: Cases of force majeure to be applied in handling cases specified in Clauses 6, 7 and 8, Article 81 of the 2024 Land Law are force majeure events and objective obstacles as prescribed by the law on civil matters that directly affect land use, including:
a) Natural disasters and environmental disasters;
b) Fire, epidemic;
c) War, national defense and security emergency;
d) Other cases as prescribed by law on emergency situations;
d) In case a competent state agency applies temporary emergency measures, seizures, or freezing of land use rights and assets attached to land according to the provisions of law, the land user may continue to use the land;
e) Administrative decisions and administrative acts of competent state agencies are objective obstacles, not due to the fault of land users, directly affecting land use;
g) Other cases decided by the Prime Minister on the proposal of the Provincial People's Committee or the Minister of specialized management.
