Arbitrarily using public land to grow crops may be fined

Lawyer Dang Thanh Tri (Dang Thanh Law Company Limited, Ho Chi Minh City Bar Association) said that the land recovered by the state to build roads is regulated in Clause 1, Article 79 of the 2024 Land Law (effective from August 1, 2024), with the aim of socio-economic development for national and public interests.

The land after recovery according to this regulation that has not been allocated or leased for land use will be allocated to a suitable functional unit for management, as stipulated in Clause 5, Article 86 of the 2024 Land Law. This content is also similarly stipulated in Clause 1, Article 6 of Decree 102/2024/ND-CP detailing the implementation of a number of articles of the 2024 Land Law.

In which, land in urban areas is assigned to land fund development organizations for management, exploitation, and use. And land in rural areas is assigned to commune-level People's Committees for management.

Thus, based on the above regulations, the land area that has been recovered according to legal regulations but has not been allocated or leased for use is under the management of the State.

Therefore, people are not allowed to arbitrarily use it to grow crops, because this act can be considered encroachment and illegal use; it is possible to be administratively sanctioned, crops will be recovered, and the original state will be restored.

Depending on the purpose and needs of land use, people can contact local authorities or competent management units to learn and carry out procedures to apply for land allocation and land lease in accordance with regulations.

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