Handling assets on land when reclaiming land due to violations of land law

The Lao Dong Newspaper Legal Consulting Office replied:

Clause 7, Article 32, Decree 102/2024/ND-CP stipulates the handling of assets on land and the remaining value of assets of people whose land is recovered as follows:

a) In case of land acquisition as prescribed in Clause 6, Article 81 of the Land Law, the amount of land use fee collected from auction of land use rights and properties attached to the land (if any) after deducting coercive expenses, organizing the auction as prescribed by the State budget to pay the financial obligations of the land users, the remaining amount is refunded to the recovered land owners;

b) In case of land acquisition as prescribed in Clause 7, Article 81 of the Land Law, within 12 months from the date of the decision on land acquisition as prescribed, the owner of the property attached to the recovered land shall sell property in accordance with the law. At the end of the above time limit, the recovered land user failed to carry out the sale of their properties attached to the land, the State did not pay compensation for assets attached to the land. The owner of the property must dismantle the property itself to return the ground to the State according to the time limit stated in the land recovery decision, in case of not being implemented, the competent state agency enforcing land recovery as prescribed.

In case the investor buys back assets attached to the land of the person whose land is recovered, the State will allocate or lease the land in accordance with the provisions of law.

Thus, the handling of assets on land when reclaiming land due to violations of land law is regulated as above.