Does the District People's Committee have the authority to reclaim land?

Reply: The authority to reclaim land of the district-level People's Committee is stipulated in Clause 2, Article 83 of the 2024 Land Law as follows:

Article 83. Authority to recover land and handle cases of recovery of land and assets attached to land that are public assets.

1. The People's Committee at the provincial level decides to recover land from domestic organizations, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions, and economic organizations with foreign investment capital in the cases specified in Articles 81 and 82 of this Law.

2. The District People's Committee decides to reclaim land in the following cases:

a) Land recovery in the cases prescribed in Articles 78 and 79 of this Law does not discriminate between land users, organizations and individuals managing and possessing the land;

b) Land recovery from households, individuals and residential communities in the cases specified in Articles 81 and 82 of this Law.

3. In case the land use rights and assets attached to the land are public assets subject to land recovery under the provisions of this Law, it is not necessary to rearrange and handle public assets in accordance with the provisions of law on management and use of public assets.

Thus, the District People's Committee will have the authority to reclaim land in the following cases:

- Land recovery for national defense and security purposes does not discriminate between land users, organizations and individuals managing and possessing the land.

- Land recovery for households, individuals and residential communities in the following cases:

+ Land recovery due to violations of land laws.

+ 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.