Land Revocation Due to Termination of Land Use

The land revocation due to termination of land use procedure is implemented when an organization dissolves, an individual dies without heirs, the land use term expires without extension, or the land user voluntarily returns the land. This process strictly adheres to the 2024 Land Law and related legal documents. This analysis from Long Phan Consulting Company clarifies the authority, dossier components, and steps of this process.

Competent Authority for Land Revocation

Identifying the correct competent authority for the decision is crucial for the legality of the land revocation due to termination of land use procedure.

Current regulations, specifically Subsection 2.6, Section II.B, Part I, Decision 3969/QD-BNNMT 2025, define this authority. For cases specified in Clauses 1, 2, and 3, Article 82 of the 2024 Land Law (such as organization dissolution, death without heirs, voluntary land return), the commune-level People’s Committee has jurisdiction.

The Chairperson of the commune-level People’s Committee is authorized to issue the land revocation decision. The internal administrative procedure is advised and executed by the land management agency under the commune-level People’s Committee.

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Required Dossier Components

Based on Subsection 2.1, Section II.B, Part I, Decision 3969/QD-BNNMT 2025, the dossier is divided into two main groups. The first group includes documents substantiating the termination of land use, including one of the following:

• A competent authority’s document regarding the organization’s dissolution or bankruptcy.
• A death certificate or a court decision declaring a person deceased (for cases with no heirs).
• The land allocation decision, land lease decision, or issued Certificate (for expired terms without extension).
• A document terminating the investment project.
• A forest revocation document.
• A document of voluntary land return from the land user.
• A competent authority’s document identifying the land as posing a risk to human life (pollution, erosion).

The second group is the internal dossier prepared by the commune-level land management agency for submission to the Chairperson of the commune-level People’s Committee, including:

• A report on the land revocation.
• A draft Land Revocation Decision (using the form in Appendix IV, issued with Decree No. 226/2025/ND-CP dated August 15, 2025).

Steps for Land Revocation Due to Termination of Land Use

The procedure for land revocation due to termination of land use involves specific stages, coordinating relevant parties and state agencies. These steps are designed for publicity, transparency, and legal compliance, as per Subsection 2.1, Section II.B, Part I, Decision 3969/QD-BNNMT 2025. Strict adherence to this sequence is mandatory for the revocation decision’s validity.

This procedure includes 03 basic steps:

• Step 1: The competent authority or person sends one of the following documents to the Chairperson of the commune-level People’s Committee:
  • A legally effective document from a competent authority regarding the dissolution, bankruptcy, or termination of an organization that was allocated land by the State without land use fees.
  • A death certificate or legal declaration of death for an individual land user who died without heirs, after fulfilling property obligations under civil law.
  • The land allocation decision, land lease decision, or Certificate of Land Use Rights (and associated assets) for cases where the land term expired and was not extended.
  • A document terminating an investment project, for land revocation related to investment project termination under investment law.
  • A forest revocation document, for land revocation in cases where the forest has been revoked under forestry law.
  • A land return document from the land user, for cases where the user has reduced or no longer has land use needs and voluntarily returns the land.
  • A competent authority’s document assessing environmental pollution, erosion, subsidence, or other natural disasters, for cases where the land threatens human life or is no longer usable.
• Step 2: Within 05 days of receiving the dossier, the Chairperson of the commune-level People’s Committee must notify the land user, the owner of assets attached to the land, and related parties (if any) of the land revocation.
• Step 3: Within 10 days from the end of the notification period, the Chairperson of the commune-level People’s Committee must issue the land revocation decision and direct its implementation.

If the land user fails to comply, the land revocation decision will be enforced.

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Resolution Timeline

As stipulated in Subsection 2.4, Section II.B, Part I, Decision 3969/QD-BNNMT 2025, the total resolution timeline for this internal administrative procedure is 15 days. This period begins when the competent authority receives a complete and valid dossier. This 15-day timeline is specifically allocated to the procedural steps.

Costs

According to Subsection 2.8, Section II.B, Part I, Decision 3969/QD-BNNMT 2025, current law does not stipulate mandatory fees or charges for the land revocation due to termination of land use procedure. This means Clients do not pay fixed state fees when performing this process at the commune-level People’s Committee.

However, Clients may incur minor costs related to document notarization, certification, or other expenses depending on the specific dossier.

Consulting Services

The land revocation due to termination of land use procedure, though regulated, involves legal complexities, especially regarding assets on the land or remaining financial obligations. Professional consulting services from Long Phan Consulting Company offer comprehensive solutions to ensure the process is lawful and protects the Client’s interests. Our experts have extensive experience handling complex land dossiers.

Long Phan Consulting Company provides a comprehensive service package covering all aspects of the land revocation due to termination of land use procedure:

• Legal Review and Case Analysis:
  • We advise on the legal grounds for land use termination according to regulations and guiding documents.
  • We assist Clients in reviewing the legal validity of Land Use Rights Certificates and related land documents.
  • We analyze the Client’s specific dossier to determine the exact revocation case (dissolution, death, expiration, voluntary return).
• Risk Assessment and Solution Strategy:
  • We analyze potential legal risks and clarify the land user’s rights and obligations during state revocation.
  • We develop legal strategies for handling remaining assets attached to the land after the revocation decision.
  • We provide detailed advice on financial obligations (if any) or compensation (if applicable).
• Dossier Preparation and Agency Representation:
  • We draft and prepare a complete, valid dossier set for submission to the commune-level People’s Committee.
  • We act as the Client’s representative, working directly with and clarifying dossier contents to the land management agency.
  • We proactively monitor the dossier processing, receive the Land Revocation Decision, and deliver the results to the Client.

Frequently Asked Questions

Below are common questions regarding the land revocation due to termination of land use procedure under the law.

Which agency has the authority to revoke land when an individual dies without heirs?

For cases of land revocation due to an individual’s death without heirs (under Clauses 1, 2, 3, Article 82, 2024 Land Law), the commune-level People’s Committee has jurisdiction. The Chairperson of the commune-level People’s Committee is authorized to issue the revocation decision. Legal Basis: Subsection 2.6, Section II.B, Part I, Decision 3969/QD-BNNMT 2025.

What is the total resolution time for the land revocation due to termination of land use procedure?

The total resolution timeline for this procedure is 15 days. This period is calculated from the time the competent authority receives a complete and valid dossier. Legal Basis: Subsection 2.4, Section II.B, Part I, Decision 3969/QD-BNNMT 2025.

Are there state fees or charges for the land revocation procedure due to voluntary land return?

No. Current law does not mandate fees or charges for the land revocation due to termination of land use procedure (including voluntary return). Clients may only need to cover minor costs for dossier certification. Legal Basis: Subsection 2.8, Section II.B, Part I, Decision 3969/QD-BNNMT 2025.

What does the internal dossier submitted to the Chairperson of the commune-level People’s Committee include for issuing a revocation decision?

The internal dossier prepared by the commune-level land management agency includes 02 main components: A report on the land revocation; and a draft Land Revocation Decision (using the form in Appendix IV, Decree No. 226/2025/ND-CP). Legal Basis: Subsection 2.1, Section II.B, Part I, Decision 3969/QD-BNNMT 2025; Decree No. 226/2025/ND-CP.

What is the process for notification and issuance of the revocation decision by the commune-level People’s Committee?

Within 05 days (from receiving the dossier), the Chairperson must issue a land revocation notice. Subsequently, within 10 days (from the end of the notification period), the Chairperson is responsible for issuing the land revocation decision. Legal Basis: Subsection 2.1, Section II.B, Part I, Decision 3969/QD-BNNMT 2025.

Conclusion

The content above provides a detailed analysis of the land revocation due to termination of land use procedure under Vietnamese law. This process requires a deep understanding of the 2024 Land Law regulations. To ensure the procedure is conducted favorably and quickly, Clients should contact Long Phan Consulting Company via Hotline 1900636389 to receive the most professional support from our team of experts.