The Government has just issued Decree 151/2025/ND-CP on the division of land management authority between local authorities at two levels. Appendix I of this Decree stipulates the procedures for land recovery due to violations of land laws as prescribed in Article 81 of the Land Law.
Accordingly, the competent authority or person who sanctions the administrative violation shall propose or the competent inspection or examination agency shall send the inspection and examination conclusion to the Chairman of the People's Committee of the province/commune where the land is recovered.
Within no more than 15 days from the date of receipt of the proposal or conclusion of the agency, competent person, or agency with land management function at the provincial/commune level, prepare a dossier for land recovery and submit it to the Chairman of the People's Committee at the same level.
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).
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.
Appendix I of Decree 151 also stipulates the procedures for land recovery for cases specified in Clause 1, Article 48 of the Land Law.
Accordingly, within no more than 15 days from the date the competent land management agency at the commune level discovers that the land user is an ethnic minority subject subject subject to death without an heir who is an heir who is a subject specified in Clause 2, Article 16 of the Land Law, or in case the land user moves from the provincial area where the land is located to another place to live or no longer needs to use the land without donating or transferring the land use rights to the person in the inheritance line as a subject specified in Clause 2, Article 16 of the Land Law, the competent land management agency at the commune level shall prepare a dossier to reclaim the land and submit it to the Chairman of the People's Committee at the same level.
Within no more than 03 days, the Chairman of the People's Committee at the commune level shall issue a decision to reclaim the land.
