Procedures for land recovery due to violations of land law

The Lao Dong Newspaper Legal Consulting Office replied:

Clauses 2, 3, 4, Article 32, Decree 102/2024/ND-CP stipulates the order and procedures for land recovery due to violations of land law as follows:

2. After receiving the documents and papers from the competent authority specified in Clause 1 of this Article, within 30 days, the competent land management agency shall prepare a land recovery dossier and submit it to the People's Committee of the competent authority for land recovery. The dossier includes:

a) Report on land recovery;

b) Draft Decision on land recovery according to Form No. 01d in the Appendix issued with this Decree;

c) Documents transferred by competent state agencies as prescribed in Clause 1 of this Article.

3. Within 10 days from the date of receiving the dossier, the competent People's Committee is responsible for notifying the land acquisition to the recovered land people, the owner of the property attached to the land, the person with related rights and obligations (if any). People with land recovered, owners of properties attached to land, people with related rights and obligations are responsible for handling properties on the land according to the time limit specified at the notice of land recovery from the date of receiving the notice of land recovery but not more than 45 days, except for the case at Point b, Clause 7 of this Article.

4. Within 15 days from the end of the time limit for notice of land acquisition specified in Clause 3 of this Article, the competent People's Committee shall issue a decision on land recovery and direct the organization of the implementation of land recovery decisions. In case the land user does not comply, the coercion is enforced the decision to recover the land.

Clause 1, Article 32 of Decree 102/2024/ND-CP stipulates the conditions for land recovery due to violations of land law as prescribed in Article 81 of the Land Law as follows:

a) In case the violation must sanction administrative violations, within 30 days from the date of receiving the written documents of the agency or person competent to sanction administrative violations on the petition for land recovery because the land user continues to violate, the agency with the land management function submits to the state management agency competent land recovery prescribed in Article 83 of the Land Law;

b) For violations that do not require administrative sanctions, land recovery shall be carried out after the conclusion of the competent inspection and examination agency on cases where land must be recovered.

Thus, the order and procedures for land recovery due to violations of land law are prescribed as above.