What are the cases of land recovery related to national defense and security under the latest Land Law?

Reply: Article 84 of the 2024 Land Law stipulates cases of land recovery related to national defense and security as follows:

1. In case of reclamation of national defense and security land included in the national defense land use plan or security land use plan, which is land to be transferred to localities to implement socio-economic development projects for the national and public interest as prescribed in Article 79 of this Law, there must be agreement from the Minister of National Defense for national defense land and the Minister of Public Security for security land. In case of disagreement, the Provincial People's Committee shall be responsible for reporting to the Prime Minister for consideration and decision.

2. In cases where land must be recovered to perform national defense and security tasks but is not yet included in the national defense land use planning or security land use planning, the Minister of National Defense and the Minister of Public Security shall consult with the Ministry of Natural Resources and Environment and the People's Committee of the province where the land is located to report to the Prime Minister for consideration and approval of land recovery and must update when reviewing and adjusting the planning in accordance with the provisions of law after implementation.

3. In cases where it is necessary to recover national defense and security land and assets attached to the land to transfer to localities to implement socio-economic development projects for national and public interests, but the expected recovered land area has not been determined in the national defense land use planning or security land use planning as land transferred to localities, the following provisions shall apply:

a) For projects under the authority of the National Assembly to decide and approve investment policies according to the provisions of the law on public investment, the law on investment under the public-private partnership method and the law on investment, after the National Assembly decides and approves the investment policy, the Prime Minister shall consider and approve the recovery of national defense and security land and assets attached to the land to implement the project;

b) For projects under the authority of the Prime Minister to decide and approve investment policies according to the provisions of the law on public investment, the law on investment under the public-private partnership method and the law on investment, the Prime Minister shall consider and approve the recovery of national defense and security land and assets attached to land to implement the project together with considering, deciding, approving and approving investment policies;
c) For public investment projects and public-private partnership investment projects that are not specified in Point a and Point b of this Clause, the Provincial People's Committee shall coordinate with the Ministry of National Defense for national defense land and with the Ministry of Public Security for security land to report to the Prime Minister for consideration and approval of the recovery of national defense and security land and assets attached to land to implement the project before deciding on investment in accordance with the provisions of the law on public investment and the law on investment under the public-private partnership method;

d) The land area of ​​the projects specified in points a, b and c of this clause after recovery must be updated when reviewing and adjusting the planning according to the provisions of law.