Regulations on land recovery with conditional land use rights

The Lao Dong Newspaper Legal Consulting Office replied:

Article 34, Decree 102/2024/ND-CP stipulates land recovery as prescribed in Clause 1, Article 48 of the Land Law as follows:

1. The People's Committee of the commune where the land is located shall, when discovering that the land user is an ethnic minority subject to land recovery according to the provisions of Clause 1, Article 48 of the Land Law, send a document to the competent land management agency.

2. Within 20 days from the date of receiving the document of the commune -level People's Committee, the agency has the function of land management to complete the dossier to submit to the competent People's Committee of the land recovery in accordance with the law.

3. Within 10 days from the date of land acquisition decision, the land management agency shall submit to the competent authority to set up a asset valuation council to determine the value of assets attached to the land and compensate for the recovered land people or the beneficiary.

4. The determination of the value of assets attached to land for compensation prescribed in Clause 3 of this Article shall be implemented as in the case of land recovery by the State prescribed in Articles 78 and 79 of the Land Law. Compensation funds are used from the state budget allocated for the implementation of land policies for ethnic minorities.

Clause 1, Article 48 of the 2024 Land Law stipulates the case of exercising land use rights with the following conditions:

1. Individuals who are ethnic minorities who are allocated or leased land by the State according to the provisions of Clause 3, Article 16 of this Law are allowed to inherit, donate, or transfer land use rights to subjects in the inheritance line specified in Clause 2, Article 16 of this Law.

In case the land user dies without an heir in the heir to be the object specified in Clause 2, Article 16 of this Law, the State recovers land and compensates property attached to the land to the heir in accordance with the law; In case the land user is transferred from the provincial area where the land is located to another place to live or no longer need to use without giving or transfer of land use rights to people of the inheritance goods as the object specified in Clause 2, Article 16 of this Law, the State recovers land and compensation assets attached to land in accordance with the law for recovered land people. The recovered land area is used to continue the land allocation and land lease to other individuals who are ethnic minorities according to the policy specified in Article 16 of this Law.

Thus, the land recovery with the exercise of land use rights with conditions is regulated as above.