How long does it take for land to be revoked after the project’s progress is delayed?

How long does it take for land to be revoked after the project’s progress is delayed? Land law regulations clearly define the time limit and conditions for the State to recover land for projects that are behind schedule. Mastering these regulations helps investors take proactive measures to ensure project progress and avoid risks related to land acquisition. This article by Long Phan Consulting Company will analyze in detail the time delay in using land for projects leading to recovery and solutions.

How long does it take for land to be revoked after the project’s progress is delayed?

According to Clause 8, Article 81 of the Land Law 2024, in case of investment projects whose land use progress is 24 months behind the progress recorded in the investment project and the land is not allowed to continue to be used, the State will reclaim the land and all construction works on the land.

In addition, the investor is allowed to extend the use period for no more than 24 months and must pay an additional amount to the State corresponding to the land use fee and land rent for the extended period. If at the end of the extended period the investor still has not put the land into use, the State will recover the land without compensation for the land, assets attached to the land and remaining investment costs in the land.

This regulation is intended to ensure effective land use, avoiding the situation of suspended projects causing waste of land resources. At the same time, the law also creates conditions for investors to overcome difficulties, but at the same time sets a clear limit to ensure investors use land on time.

>>> See more: In what cases will businesses have their land recovered?

In no case will the project be revoked due to delay

Pursuant to Clause 9, Article 81 of the Land Law 2024 and Clause 1, Article 31 Decree 102/2024/ND-CP, acts of delaying land use progress but not having land recovered in cases of force majeure are as follows:

• Natural disasters, environmental disasters;
• Fires, epidemics;
• War, national defense and security emergency;
• Other cases as prescribed by law on state of emergency;
• In cases where a competent state agency applies temporary emergency measures, distraint, or freezes land use rights and assets attached to land according to the provisions of law, after which the land user is allowed to continue using the land;
• Administrative decisions and administrative actions of competent state agencies are objective obstacles, not due to the land user’s fault, and directly impact land use;
• Other cases are decided by the Prime Minister according to the proposal of the Provincial People’s Committee or the Minister of specialized management.

The regulation of cases of project delay but no land recovery aims to ensure fairness and consider objective factors affecting project progress. Clearly identifying these cases helps protect investors’ legal rights when encountering events beyond their control.

>>> See more: Directions for handling assets on land when investment projects are revoked.

Conditions for land recovery due to slow progress in using land for projects

Pursuant to Clause 1, Article 32 of Decree 102/2024/ND-CP, land recovery for projects that are behind schedule must meet the following conditions:

• In case the violation requires administrative sanctions, within 30 days from the date of receiving the document from the agency or person with authority to sanction administrative violations on the proposal to recover land because the land user continues to violate, the agency with land management function shall submit it to the state management agency with authority to recover land;
• For violations that are not subject to administrative sanctions, land recovery will be carried out after the conclusion of the competent inspection and examination agency on the case of land recovery.

Strict compliance with these conditions ensures that land recovery is carried out in accordance with the law, protects the legitimate rights and interests of land users, and ensures effective land management and use by the State.

Consulting services on how to handle delays in using land for projects

Long Phan Consulting Company provides in-depth consulting services on issues related to land use and land acquisition, especially in cases where investors encounter difficulties leading to delays in using land for projects. Our services include:

• Analyze and evaluate the actual situation of the project, determine the causes leading to slow land use progress.
• Research relevant legal regulations to determine legal obligations and exemptions from land recovery.
• Consulting on procedures for extending land use and conditions that need to be met to be extended.
• Prepare necessary documents and records to carry out procedures for applying for extension of land use.
• Representing customers in working with competent state agencies in the process of considering and resolving land use extension requests.
• Consulting on measures to overcome land use delays to ensure the project can continue to be implemented.
• Assess risks related to land acquisition and advise on risk prevention and mitigation measures.
• Providing comprehensive solutions to ensure the legal rights and interests of investors during project implementation.

Long Phan Consulting Company is always ready to accompany your business in removing legal problems, protecting legal rights and ensuring project implementation progress on the allocated land fund in an effective and sustainable manner.

Frequently asked questions related to project land use delays

Below are frequently asked questions about this issue that may interest customers:

How long a delay in land exploitation for the project can lead to its being revoked by the State?

According to the Land Law 2024, if the use of land for an investment project is 24 months behind the original plan and the land has not yet been put into operation, the State will recover the land along with the works built on it.

Does the investor have any opportunity to extend the land use period to avoid being revoked due to schedule delays?

Investors can be approved to extend land use for up to 24 more months, on condition that they must pay an additional amount corresponding to land use fees or land rent for this extended period.

What will happen if after the extended period, the investor still cannot put the land to use?

If after the grace period expires, the investor still does not implement the project on the land, the State will recover the land without making any compensation related to the land, assets attached to the land, as well as remaining investment costs.

What specific requirements need to be met to proceed with land acquisition due to delayed project implementation?

For administrative violations, land recovery is carried out 30 days after the agency competent to sanction administrative violations issues a written request for recovery due to continued violations by the land user. For cases that do not require administrative sanctions, the recall will only take place after the conclusion of the inspection agency determines that the recall is necessary.

Does the investor have the right to complain or sue the land recovery decision due to delay?

Yes, if the investor does not agree with the land recovery decision, they have the right to take measures to complain or sue in accordance with the law on resolving complaints and denunciations and the law on administrative proceedings.

Besides the 24-month delay, what other factors can authorities consider when assessing a project’s land use progress?

In addition to the time delay, authorities may also consider the level of investment made, the amount of work completed on the ground, and the investor’s actual commitment to continue implementing and completing the project according to the original objectives.

Conclude

With a deep understanding of land law and rich practical experience, Long Phan Consulting Company confidently brings customers high-quality, effective and reliable consulting services. We always strive to become a trusted companion of our customers in all business and investment activities related to land use. For detailed advice and timely legal support, please contact Long Phan Consulting Company via the hotline: 0906735386.