What are the bases for land recovery in case of termination of land use?

Reply:The basis for land recovery in case of termination of land use is stipulated in Clause 5, Article 82, Land Law 2024 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.

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5. Land recovery in the cases specified in Clauses 1, 2 and 3 of this Article must be based on the following grounds:

a) Documents of competent authorities that have taken legal effect in the case specified in Point a, Clause 1 of this Article;

b) Death certificate or decision declaring a person dead in accordance with the provisions of law for the case specified in Point b, Clause 1 of this Article;

c) Land allocation decision, land lease decision, Land use right certificate, House ownership and land use right certificate, Land use right certificate, house ownership and other assets attached to land certificate, Land use right certificate, ownership of assets attached to land for the case specified in Point c, Clause 1 of this Article;

d) Document terminating the investment project in the case specified in Point d, Clause 1 of this Article;

d) Forest recovery document for the case specified in Point d, Clause 1 of this Article;

e) Document of land return by land user in case specified in Clause 2 of this Article;

g) Documents from competent authorities determining the level of environmental pollution, landslides, subsidence, and impacts from other natural disasters in the cases specified in Clause 3 of this Article.

Thus, the basis for land recovery due to termination of land use for each case is specifically stipulated as follows:

- Based on the document of the competent authority that has come into legal effect in the case of an organization that is allocated land by the State without collecting land use fees and is dissolved, bankrupt or has its operations terminated;

- Based on the death certificate or decision declaring a person dead according to the provisions of law in the case of an individual using land who dies without an heir after fulfilling property obligations;

- Based on the land allocation decision; land lease decision; Certificate of land use rights; Certificate of house ownership and land use rights; Certificate of land use rights, house ownership and other assets attached to land; Certificate of land use rights, ownership of assets attached to land in cases where land is allocated or leased by the State for a term but is not extended;

- Based on the document terminating the investment project in case of terminating the investment project;

- Based on the forest recovery document for cases of forest recovery.