In what cases is land recovered due to violations of land laws?
What cases does the Land Law stipulate in which land is recovered due to violations of land laws? This is a matter of concern for Ms. Phan Quynh Trang (Thanh Chuong, Nghe An).
Reply:Article 81. The Land Law stipulates cases of land recovery due to violations of land laws as follows:
1. Using land for purposes other than those assigned, leased, or recognized by the State for land use rights and having been administratively sanctioned for using land for purposes other than those assigned, but continuing to violate.
2. Land users who destroy land and have been administratively sanctioned for land destruction but continue to violate.
3. Land is allocated or leased to the wrong subject or without proper authority.
4. Land received through transfer or donation from a person to whom the State allocates or leases land, which the person to whom the land is allocated or leased is not allowed to transfer or donate according to the provisions of this Law.
5. Land assigned for management by the State is encroached upon and occupied.
6. Land users do not fulfill financial obligations to the State.
7. Land for growing annual crops and aquaculture that has not been used for 12 consecutive months, land for growing perennial crops that has not been used for 18 consecutive months, land for growing forests that has not been used for 24 consecutive months and has been administratively sanctioned but the land has not been put into use within the time limit stated in the decision on administrative sanction;
8. Land allocated, leased, permitted to change the purpose of use, recognized for land use rights, or transferred for investment projects by the State but not used within 12 consecutive months from the date of receiving land handover on site or the land use progress is 24 months behind the progress recorded in the investment project; in case the land is not put into use or the land use progress is behind the progress recorded in the investment project, the investor shall be granted an extension of land use for no more than 24 months and must pay the State an additional amount of money corresponding to the land use fee and land rent for the extended period; if the extended period expires and the investor has not put the land into use, the State shall reclaim the land without compensation for the land, assets attached to the land and remaining investment costs on the land.
9. The cases specified in Clauses 6, 7 and 8 of this Article do not apply to cases of force majeure.
