In case the annual land use plan of the district level has regulations on land recovery, the competent state agency will issue a decision to recover the land.
This content is stipulated in Article 76 of the 2024 Land Law, specifically:
- In case the land use planning has been publicly announced but there is no annual district-level land use plan, the land user may continue to use and exercise the rights of the land user according to the provisions of this Law.
- For projects falling under the provisions of Clause 4, Article 67 of this Law that require land recovery, the People's Committee of the district where the project is located must publicly announce the scope of land recovery according to the progress of the project to the land users.
- For land areas that must be recovered or have their land use purpose changed in the annual district-level land use plan or must be recovered or have their land use purpose changed as prescribed in Clause 4, Article 67 of this Law, land users are allowed to continue to exercise the rights of land users but are not allowed to build new houses, works, or plant new perennial trees; land users are allowed to build under a construction permit with a term, renovate or repair existing houses and works according to the provisions of the law on construction and relevant laws.
Article 80 of the 2024 Land Law stipulates the basis for land recovery for national defense and security purposes; socio-economic development for national and public interests as follows: Land recovery for national defense and security purposes; socio-economic development for national and public interests must be based on the provisions of Article 78 or Article 79 of this Law, and must fall into one of the following cases:
a) The project is included in the annual district-level land use plan approved by the competent authority.
b) The project has an investment decision in accordance with the provisions of the law on public investment, a decision approving the investment project in accordance with the provisions of the law on investment under the public-private partnership method.
c) The project has had a decision approving the investment policy, a decision approving the investment policy and at the same time approving the investor, a decision approving the investor according to the provisions of the law on investment for investment projects under the authority of the National Assembly and the Prime Minister.
d) Having a document from a competent state agency as prescribed in Article 84 of this Law in case of land recovery related to national defense and security.
In short, only when the annual land use plan of the district level has regulations on land recovery, the competent state agency issues a decision to recover the land, then the land will be recovered. (In many cases where there is a plan but it is not implemented, there may be adjustments and no land acquisition).
In other words, even if the land is under the land use planning, it is not always recovered.
