What are the cases of land recovery due to termination of land use according to the provisions of the latest Land Law?
Cases of land recovery due to termination of land use according to the provisions of the latest Land Law? The concern of Mr. Hoang Van Hung (Nghi Loc, Nghe An).
Reply: Cases of land recovery due to termination of land use are stipulated in Clause 1, Article 82 of the 2024 Land Law as follows:
Land recovery due to termination of land use according to law, voluntary return of land, risk of threatening human life, no longer able to continue use.
1. Cases of land recovery due to termination of land use according to law include:
a) Organizations to which the State allocates land without collecting land use fees are dissolved, bankrupt or have their operations terminated in accordance with the provisions of law;
b) Individuals using land die without any heirs after having fulfilled their property obligations as prescribed by civil law;
c) Land allocated or leased by the State for a limited period but the land use term is not extended;
d) Land recovery in case of termination of investment project according to regulations of law on investment;
d) Land recovery in case of forest recovery according to regulations of forestry law.
2. Land users reduce or no longer need to use land and voluntarily submit a request to return the land.
3. Cases of land recovery due to risks to human life or no longer able to continue use include:
a) Land in areas with environmental pollution that threatens human life; other land in areas with environmental pollution that can no longer be used for the determined purpose;
b) Residential land at risk of landslides, subsidence, or affected by other natural disasters that threaten human life; other land that is subject to landslides, subsidence, or affected by other natural disasters and can no longer be used.
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Thus, according to regulations, land recovery due to termination of land use is carried out in the following cases:
(1) Organizations to which the State allocates land without collecting land use fees are dissolved, bankrupt or have their operations terminated in accordance with the provisions of law;
(2) Individuals using land die without any heirs after having fulfilled their property obligations as prescribed by civil law;
(3) Land allocated or leased by the State for a limited period but the land use term is not extended;
(4) Land recovery in case of termination of investment project according to regulations of law on investment;
(5) Land recovery in case of forest recovery according to regulations of forestry law.
