1. What is Land Recovery?
Land recovery by the State refers to the process where a competent state authority issues a decision to reclaim land-use rights from the land user, or to reclaim land under current use or managed by the State. (Clause 35, Article 3, Land Law of Vietnam 2024)
2. Latest Instances of Land Recovery by the State
2.1. Land Recovery for National Defense and Security Purposes
The State reclaims land for national defense and security purposes in cases outlined in Article 78 of the Land Law of Vietnam 2024, including:
- Establishing military bases and offices;
- Creating military facilities;
- Constructing national defense works, military sites, and special defense and security projects;
- Building stations, ports, and military communication facilities;
- Developing industrial, scientific and technological, cultural, and sports facilities directly serving defense and security;
- Establishing storage facilities for armed forces;
- Constructing shooting ranges, training grounds, weapons testing sites, and weapons disposal areas;
- Setting up training centers, rehabilitation centers, health care facilities for the armed forces;
- Providing official housing for the armed forces;
- Creating detention centers, temporary detention facilities, mandatory education institutions, and vocational training facilities for detainees managed by the Ministry of National Defense and Ministry of Public Security.
2.2. Land Recovery for Socio-Economic Development for National and Public Benefit
The State reclaims land when necessary to carry out socio-economic development projects for national and public interest, to leverage land resources, enhance land-use efficiency, modernize infrastructure, support social welfare, protect the environment, and preserve cultural heritage, as specified in Article 79 of the Land Law of Vietnam 2024.
2.3. Land Recovery due to Violations of Land Law
The State reclaims land due to land law violations in cases specified in Article 81 of the Land Law of Vietnam 2024, such as:
- Using land for purposes other than those allocated or leased by the State, even after administrative penalties for such misuse;
- Damaging land and continuing to do so despite administrative penalties;
- Land allocation, leasing, or transfer not meeting legal eligibility or authority requirements;
- Receiving transferred or donated land from users unauthorized to transfer or donate land;
- Land being managed by the State but encroached upon or occupied;
- Users failing to fulfill financial obligations to the State;
- Unused land, such as aquaculture land unused for 12 months, perennial crop land unused for 18 months, and forest land unused for 24 months, even after penalties, among other cases.
2.4. Land Recovery Due to Termination of Land Use, Voluntary Return, Threats to Life, or Inability to Continue Use
The State reclaims land due to termination of land use by law, voluntary return, threats to human life, or when land use is no longer possible, as outlined in Article 82 of the Land Law of Vietnam 2024.
3. Criteria and Conditions for Land Recovery for National Defense, Security, Socio-Economic Development
Land recovery for national defense, security, or socio-economic development must comply with specified recovery cases and meet the following conditions:
- The project is included in the district’s annual land-use plan approved by a competent authority;
- The project has an investment decision as per public investment law or an approved investment project under public-private partnership regulations;
- The project has a decision approving the investment policy, including investor approval, or an investment decision per the law, as required for projects approved by the National Assembly or the Prime Minister;
- For defense and security land recovery, a document from a competent state authority per Article 84 of the Land Law 2024 is required.
Note:
- If the project has a phased land-use schedule, land recovery follows the investment project’s approved timeline;
- For defense, security, and socio-economic development projects, compensation, support, and resettlement plans must be approved, and resettlement arrangements must comply with regulations;
- Land recovery under Clauses 26 and 27, Article 79 of the Land Law 2024 must meet these conditions to allow land development for state management, exploitation, or leasing to investors as per law.
4. Authority for Land Recovery
– The provincial People’s Committee decides on land recovery for domestic organizations, religious entities, Vietnamese residing overseas, foreign diplomatic organizations, and foreign-invested enterprises per Articles 81 and 82 of the Land Law of Vietnam 2024;
– The district People’s Committee decides on land recovery for:
+ Land reclaimed for national defense, security, socio-economic development for public benefit, regardless of the land user;
+ Land reclaimed from households, individuals, and communities due to land law violations, voluntary return, or inability to continue use due to threats to life.
When public assets, including land-use rights, fall within the cases defined by the Land Law of Vietnam 2024, asset reallocation under public asset management law is not required.
