Law

In what cases is land confiscated due to violations of land laws?

PL January 22, 2025 15:38

What cases are subject to land reclamation due to violations of land law according to the Land Law? This is a question of concern to Ms. Phan Quynh Trang (Thanh Chuong, Nghe An).

Reply:Article 81 of the Land Law stipulates the following cases of land reclamation due to violations of land law:

1. Using land for purposes other than those assigned, leased, or recognized by the State, and having already been penalized for administrative violations related to improper land use, but continuing to violate the regulations.

2. Land users who destroy land and have been fined for administrative violations related to land destruction, but continue to violate the regulations.

3. Land was allocated or leased to the wrong recipients or without proper authority.

4. Land acquired through transfer or donation from persons to whom the State has allocated or leased land, where the person to whom the land is allocated or leased is not permitted to transfer or donate it according to the provisions of this Law.

5. Land entrusted to the management of the State is being encroached upon or illegally occupied.

6. Land users fail to fulfill their financial obligations to the State.

7. Land used for annual crops, aquaculture land that has not been used for 12 consecutive months, land used for perennial crops that has not been used for 18 consecutive months, or land used for forestry that has not been used for 24 consecutive months, and which has been subject to administrative penalties but has not been put into use within the time limit specified in the administrative penalty decision;

8. Land allocated, leased, permitted for conversion of use, recognized as having land use rights, or acquired through transfer of land use rights for investment projects that is not used for 12 consecutive months from the date of handover on-site, or where the land use progress is 24 months behind schedule as stated in the investment project; in cases where the land is not put into use or the land use progress is behind schedule as stated in the investment project, the investor may be granted an extension of no more than 24 months and must pay the State an additional amount equivalent to the land use fee or land lease fee for the extended period; if the investor still has not put the land into use after the extended period, the State shall reclaim the land without compensation for the land, assets attached to the land, and remaining investment costs.

9. The provisions in clauses 6, 7, and 8 of this Article do not apply to force majeure.

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In what cases is land confiscated due to violations of land laws?
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