1. Will land that has no heirs be confiscated?

According to point b, clause 1, Article 65 Land Law 2013 The regulation that an individual using land dies without an heir is one of the cases where the State will recover land due to termination of land use according to the provisions of law.

At the same time, based on point dd, clause 1, Article 179 Land Law 2013 There are regulations that individual land users have the right to bequeath their land use rights by making a will or inheritance according to law.

Thus, in case the land user dies without an heir, the state will recover the land due to termination of land use according to the provisions of law.

According to point b based on Clause 2, Article 65 Land Law 2013, the recovery of land from a person who has died without heirs must be carried out on the basis of:

Death certificate/decision declaring a person dead according to the law and a document certifying there is no heir from the Commune People's Committee at the permanent residence of the deceased heir.

2. How will land that has been confiscated due to no heirs be managed?

According to point b, clause 2, Article 68 Land Law 2013 regulations on organizations in charge of compensation and site clearance; Manage recovered land as follows:

- Land has been recovered according to the provisions of Article 61 and Article 62 Land Law 2013 then assigned to the investor to implement the investment project or assigned to a public land service organization to manage;

- Land recovered according to the provisions of Clause 1, Article 64 and Points a, b, c and d, Clause 1, Article 65 Land Law 2013 then assign it to a public land service organization to manage and auction land use rights.

In cases where land has been recovered according to the provisions of Clause 1, Article 64 and Points a, b, c and d, Clause 1, Article 65Land Law 2013 Agricultural land of rural households and individuals shall be assigned to the Commune-level People's Committee for management. This land fund is allocated and leased to households and individuals who do not have land or lack productive land according to the provisions of law.

Accordingly, land recovered because the land user dies but has no heirs will be assigned to a public land service organization to manage and auction land use rights. For agricultural land of households and individuals in rural areas, it will be assigned to the commune-level People's Committee for management. This land fund is allocated and leased to households and individuals who do not have land or lack productive land according to the provisions of law.

3. What is the authority to recover land?

Based on Article 66 Land Law 2013 The authority to recover land is as follows:

- The Provincial People's Committee decides to recover land in the following cases:

+ Land recovery for organizations, religious establishments, Vietnamese residing abroad, foreign organizations with diplomatic functions, foreign-invested enterprises, except for the cases specified below;

+ Recover agricultural land belonging to the public land fund of communes, wards and towns.

- District People's Committees decide to recover land in the following cases:

+ Land recovery for households, individuals, and communities;

- Recover residential land from Vietnamese people residing abroad who can own houses in Vietnam.

- In case the land recovery area includes the subjects specified above, the Provincial People's Committee shall decide to recover land or authorize the District People's Committee to decide to recover land.