Land recovery for cases not subject to compensation

From January 1, 2026, regulations on land recovery, compensation, support, and resettlement are implemented according to Article 3 of Resolution 254/2025/QH15.

Clause 10, Article 3 stipulates cases that are not compensated for land when the State reclaims land, including:

First, the case specified in Clause 1, Article 107 of the Land Law. In which, cases that are not compensated for land but are compensated for remaining investment costs in land when the State reclaims land include:

- Land allocated by the State without collecting land use fees, except for agricultural land of households and individuals compensated for land as prescribed in Article 96 of the Land Law;

- Land allocated by the State to an organization in a case of land use fees collection but exempted from land use fees;

- Land leased by the State with annual land rent payment; land leased with one-time land rent payment for the entire lease term but exempted from land rent, except for the case specified in Clause 2, Article 99 of the Land Law;

- Land belonging to the agricultural land fund used for public purposes leased by the People's Committee at the commune level; land contracted for agricultural production, forestry, aquaculture, and salt production;

- The area of agricultural land allocated exceeds the limit prescribed in Article 176 of the Land Law.

Second, land managed by State agencies and organizations as prescribed in Article 217 of the Land Law. In which, land managed by State agencies and organizations is land that has not been allocated, leased or has been allocated for management, including:

- Land used for public purposes; land for rivers, ditches, canals, ditches, streams, ponds, lakes, lagoons, blasting; land for cemeteries, funeral homes, crematoriums; land for ash storage facilities; land with specialized water surface; land for special-use forests, protective forest land, production forest land; land recovered by the State and assigned to land fund development organizations for management;

- In addition, there is land reclaimed by the State and assigned to the People's Committee at the commune level for management; land transferred or transferred by foreign organizations with diplomatic functions when there is no need to use land implemented on the basis of international treaties, international agreements and relevant legal provisions; agricultural land used for public purposes of communes, wards and towns; unused land.

Third, land recovered in the cases specified in Articles 81, Clause 1 and Clause 2, Article 82 of the Land Law.

Article 81 stipulates cases of land use for purposes other than those that have been allocated, leased, or recognized by the State and have been administratively sanctioned for land use violations that continue to be violated.

Other cases of land recovery due to violations of land laws include land users who destroy land and have been administratively sanctioned for land destruction but continue to violate; land allocated or leased to the wrong subject or without proper authority;

Land for growing annual crops, land for aquaculture not used for 12 consecutive months, land for growing perennial crops not used for 18 consecutive months, land for growing forests not used for 24 consecutive months and has been administratively sanctioned without putting the land into use within the time limit stated in the decision on sanctioning administrative violations;

Fourth, other cases are regulated by the Government.

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