Article 15 of Decision 61/2024/QD-UBND stipulates the handling of cases that do not meet the conditions for existence when the State reclaims land to implement socio-economic development projects for national and public interests and defense and security purposes as follows:
1. Cases that do not meet the conditions for existence
- For residential land:
+ The recovered land plot has at least one side adjacent to a traffic route and has a land area outside the red line of less than 15m², the frontage or depth compared to the construction line of less than 3m.
+ The recovered land plot has no access and has a land area smaller than the minimum area allowed to be divided as prescribed in Clause 1, Article 14 of Decision 61/2024/QD-UBND.
- For other land: Land plots with land area outside the red line boundary of less than 50m².
2. Land consolidation for cases that do not meet the conditions for existence
- In case the land user has legal documents: The district-level People's Committee shall notify and guide the land user to carry out agreements on transfer and receipt of transfer and donation of land use rights to consolidate land plots according to regulations; create favorable conditions for land users to carry out procedures for transferring land use rights and carry out the issuance of Certificates of land use rights and ownership of assets attached to land according to regulations.
- In case the land has not been granted a Certificate but is eligible for a Certificate: The People's Committee at the district level shall conduct inspection, review, notify, and guide the land user to negotiate and execute the agreement to transfer land use rights to consolidate land plots; Carry out procedures for recognizing land use rights according to regulations after the land user completes the consolidation of land plots.
- The time limit for implementing the land plot consolidation agreement specified above is 180 days for non-agricultural land and 90 days for agricultural land, from the date the District People's Committee issues the Land Recovery Notice.
In case the land consolidation cannot be carried out according to the above regulations because it is considered that the conditions for allowing land consolidation are not sufficient or the land user does not have the need or cannot carry out the land consolidation agreement, the People's Committee at the district level shall decide to recover the land and carry out compensation, support, and management of this land area according to the provisions of law.
- In case the State applies land recovery measures to handle cases where land does not meet construction site conditions, the order and procedures for land recovery and compensation and resettlement support shall be implemented in accordance with the provisions of the land law.
