Process of Land Recovery for Socio-Economic Development for National and Public Interests

The process of land recovery for socio-economic development for national and public interests is implemented based on land use planning, land use plans, and key projects approved by competent authorities. Customers need to firmly grasp the land recovery process to protect their legitimate rights in civil and administrative transactions. In the following article, Long Phan Consultants will analyze in detail the legal regulations regarding the land recovery process.

Grounds and conditions for the State to reclaim land for socio-economic development in the national and public interest.

According to Article 80 of the Land Law 2024, the bases and conditions for the State to recover land for socio-economic development for national and public interests include:

1. Legal Bases (Article 78 & 79) The recovery must fall under the specific cases prescribed by law and must meet one of the following criteria:

• The project is included in the annual land use plan approved by the competent authority.
• The project has an investment decision under the law on public investment, or a decision approving the investment project under the PPP (Public-Private Partnership) law.
• The project has a decision approving the investment policy (for projects under the authority of the National Assembly or Prime Minister).
• There is a written document from the competent authority regarding land recovery related to national defense and security (Article 84).

2. Phased Projects For projects with phased land use progress, land recovery shall be conducted according to the investment project schedule determined in the approval document or investment policy decision.
3. Mandatory Pre-condition A critical condition for land recovery is the completion of the approval of the compensation, support, and resettlement plan and the actual arrangement of resettlement according to the Land Law.
4. Land Fund Creation Land recovery under Clauses 26 and 27, Article 79 of the Land Law 2024 (creating land funds for auction/bidding) must also meet the conditions in Clauses 1, 2, and 3 of Article 80.

>>>See more: How is compensation when the State recovers land from businesses?

Sequence and procedures for land acquisition for socio-economic development in the national and public interest.

The procedure follows strict administrative steps defined in the Land Law 2024 and Decree 151/2025/ND-CP:

Step 1: Notice of Land Recovery

• Authority: The Chairman of the Commune-level People’s Committee (PC) or the Commune-level PC issues the notice.
• Timeframe: Must be issued at least 90 days prior for agricultural land and 180 days prior for non-agricultural land.
• Dissemination: Sent to each land user/asset owner and posted at the Commune PC headquarters and community areas.
• Unreachable Owners: If the owner cannot be contacted, the notice must be broadcast on central/provincial media (3 times in 3 consecutive days) and posted on the District PC’s web portal.

Step 2: Investigation, Survey, Measurement, and Inventory

• Collaboration: The Commune PC coordinates with the compensation organization and land users to measure and inventory assets and determine land origin.
• Non-cooperation:
  • If the user refuses to cooperate, the Commune PC Chairman and the Fatherland Front Committee will organize persuasion (documented in writing over 15 days).
  • If non-cooperation continues 10 days after persuasion ends, a Compulsory Inventory Decision is issued.
  • Failure to comply leads to a Coercion Decision for the inventory.

Step 3: Establishment of Compensation, Support, and Resettlement Plan

• Drafting & Posting: The compensation organization drafts the plan and publicly posts it for 30 days.
• Gathering Opinions: Direct meetings with residents are held. Minutes must record agreed, disagreed, and other opinions.
• Dialogue: If there are disagreeing opinions, a dialogue must be organized within 60 days to explain or adjust the plan.
• Appraisal: The plan must be appraised before submission for approval.

Step 4: Approval of the Plan

• Decision: The Chairman of the Commune-level PC approves the compensation, support, and resettlement plan.
• Implementation: The approved plan is publicly posted and sent to each affected person, detailing compensation amounts, payment locations, and handover schedules.

Step 5: Issuance of Land Recovery Decision The Chairman of the Commune-level PC issues the official land recovery decision within 10 days of:

• Approval of the compensation plan (if no resettlement is needed).
• Handover of resettlement housing/land to the user.
• The user agreeing to receive money to arrange their own accommodation.
• Voluntary handover of land.

Step 6: Enforcement of Land Recovery (If applicable) Coercion is carried out only when 4 conditions are met:

1. The user fails to comply after persuasion by the Commune PC/Fatherland Front.
2. The coercion decision is publicly posted.
3. The coercion decision has taken legal effect.
4. The coerced person has received the decision (or refusal to receive is recorded).

>>>See more: Land Revocation Due to Termination of Land Use

The competent authority is responsible for land acquisition for socio-economic development in the national and public interest.

Note: Based on the Law on Organization of Local Government (amended 2025) and Decree 151/2025/ND-CP.

1. Provincial People’s Committee: Decides land recovery for domestic organizations, religious organizations, overseas Vietnamese, foreign organizations, and foreign-invested economic enterprises (Article 81 & 82 Land Law 2024).
2. Chairman of Commune-level People’s Committee:
   • Decides land recovery for individuals and households for national defense, security, and socio-economic development purposes.
   • Decides land recovery for violations of land law, voluntary return, or risks to human life regarding households/individuals.

Long Phan Consulting provides consulting services on land acquisition procedures for socio-economic development in the national and public interest.

With a team of experts experienced in handling complex land files, Long Phan Consultants is ready to accompany customers in every situation. We provide a comprehensive service package including:

• Legal Advisory: Advising on the grounds for land recovery and relevant legal documents.
• Due Diligence: Reviewing Land Use Right Certificates (Red Book/Pink Book) and land-related documents.
• Risk Analysis: Analyzing legal risks and explaining the rights/obligations of land users.
• Asset Solutions: Proposing plans to handle assets attached to the land post-recovery.
• Financial Advisory: Calculating financial obligations or expected compensation/support.
• Representation: Drafting dossiers and representing the client to work with and explain matters to the land management agency.
• Monitoring: Tracking the file processing and receiving the Land Recovery Decision.

Frequently Asked Questions about the land acquisition process for socio-economic development in the national and public interest.

Below are frequently asked questions about the land acquisition process for socio-economic development in the national and public interest, in accordance with the law.

When is compensation given in the form of land, and when is it given in the form of money?

According to Article 98 of the 2024 Land Law and point a, clause 2, Article 7 of Decree 226/2025/ND-CP, as follows:

• Households, individuals, people of Vietnamese origin residing abroad, and economic organizations currently using residential land or owning houses attached to land use rights in Vietnam, when the State reclaims the land, if they meet the conditions for compensation, will be compensated with residential land, or with houses, or with money, or with land for a different purpose than the reclaimed land.
• Economic organizations, Vietnamese people residing abroad, and foreign-invested economic organizations using land to implement housing construction investment projects, when the State reclaims the land, if they meet the conditions for compensation, will be compensated in money or land.

Thus, whether the State compensates with land or money depends on many factors, as presented in the two cases above.

Is it possible to appeal a land expropriation notice?

Based on the provisions of Clause 1, Article 85 of the 2024 Land Law: Before issuing a decision to revoke land, the competent state agency must send a written notice of land revocation to the landowner, the owner of assets attached to the land, and those with related rights and obligations (if any) at least 90 days in advance for agricultural land and 180 days in advance for non-agricultural land.

At the same time, Clause 1, Article 237 of the 2024 Land Law stipulates that land users and those with rights and obligations related to land use have the right to file complaints and lawsuits against administrative decisions and administrative actions concerning land management.

Thus, it can be seen that people can appeal a land expropriation decision if they see signs of legal violations.

Is the land price used for compensation determined according to the land price framework or market price?

According to Clause 2, Article 91, Clause 1, Article 160 of the 2024 Land Law, and Point e, Clause 1, Article 5 of Decree 151/2025/ND-CP, compensation shall be provided by allocating land with the same intended use as the land being reclaimed. If there is no land available for compensation, monetary compensation shall be provided based on the specific land price of the reclaimed land type, as determined by the Chairman of the People’s Committee of the commune at the time of the land reclamation decision.

What are the conditions for receiving land compensation when the state reclaims land for socio-economic development purposes in the national and public interest?

Based on Article 95 of the 2024 Land Law, households and individuals are entitled to compensation for land when the State reclaims land for socio-economic development purposes for the national and public interest, provided they meet the following conditions:

Meeting the requirements regarding the land user:

• Households and individuals using land that is not leased land with annual rent payments;
• The community is using land with structures such as pagodas, communal houses, temples, shrines, ancestral halls, and other religious buildings; agricultural land as defined in Clause 4, Article 178 of the 2024 Land Law, and that land is not subject to disputes and is confirmed by the People’s Committee of the commune where the land is located as land for common use by the community.
• Vietnamese citizens residing abroad who are permitted to enter Vietnam are entitled to own houses attached to land use rights in Vietnam; and have the right to use residential land acquired through the transfer of land use rights in housing development projects.
• Religious organizations and affiliated religious organizations permitted to operate by the State are using land that was not allocated or leased by the State; and land that was acquired through transfer or donation from July 1, 2004 onwards;
• People of Vietnamese origin residing abroad are granted land by the State with payment of land use fees, leased land with a one-time payment of rent for the entire lease period; and receive the transfer of land use rights in industrial parks, industrial clusters, high-tech zones, and economic zones.
• Organizations that are allocated land by the State with payment of land use fees, leased land with a one-time payment of rent for the entire lease period; receive inherited land use rights, receive transferred land use rights, or receive capital contributions in the form of land use rights;
• Foreign organizations with diplomatic functions are allowed to lease land from the State, paying the land rent in a lump sum for the entire lease period;
• Economic organizations, Vietnamese people residing abroad, and economic organizations with foreign investment capital are allocated land by the State with payment of land use fees to implement investment projects for the construction of housing for sale or for sale combined with leasing; or leased land with a one-time payment of land rent for the entire lease period.

 Meet the requirements for one of the following documents:

• Having a Certificate of Land Use Rights or a Certificate of Ownership of Housing and Land Use Rights or a Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land or a Certificate of Land Use Rights, Ownership of Assets Attached to Land;
• There is a decision on land allocation, a decision on land lease, or a decision permitting the change of land use purpose issued by a competent state agency;
• Having one of the land use right documents as a basis for granting a Certificate of Land Use Rights and Ownership of Assets Attached to Land as prescribed in Article 137 of the 2024 Land Law;
• Receiving the transfer of land use rights in accordance with the law from a person who has the legal right to use the land but has not yet completed the land registration procedures;
• Land is used in accordance with the mortgage agreement to settle the debt; a document acknowledging the results of the land use rights auction where the winning bidder has fulfilled their financial obligations as prescribed by law.

Conclusion

Customers need to proactively understand and correctly follow the steps in the land recovery process to protect their legitimate rights and interests. Any error in the procedural stage can directly affect compensation and resettlement benefits.

Long Phan Consulting Company is committed to helping you resolve all land-related obstacles. Contact Hotline: 1900636389  for direct attorney advice today.