Will leasing land without proper authority be revoked?-Văn Phòng Luật Sư Trương Quyền

Land leasing is one of the important aspects of the real estate sector, however, land leasing is not always carried out with the right authority and in accordance with the provisions of land law. So, will leasing land without proper authority be revoked or not?

1. Will leasing land without proper authority be revoked?

Land leasing is an extremely important institution of land law. Land law also regulates state agencies with authority to lease land. Pursuant to the provisions of Article 59 of the 2013 Land Law, the decision to lease land will be determined as follows:

– The Provincial People's Committee will have the authority to lease land in the following cases: Land lease to organizations; Land leasing for subjects identified as Vietnamese residing abroad and enterprises with foreign investment capital implementing investment projects in the territory of Vietnam in the fields of agricultural production industry, forestry, aquaculture and salt making; land lease to entities identified as economic organizations and financially autonomous public service organizations, and foreign organizations with diplomatic functions in the territory of Vietnam;

– District-level People's Committees have the authority to lease land to subjects identified as households and individuals. If households and individuals want to rent land or carry out procedures to change the land use purpose from agricultural land to commercial and service land with an area of 0.5 hectares or more, they must receive approval. of the Provincial People's Committee before making a conversion decision;

- Commune-level People's Committees have the authority to lease land for agricultural land funds used for public purposes in communes and wards.

Note: Agencies competent to make land lease decisions will not be allowed to conduct authorization activities. The process of implementing land lease procedures must comply with the provisions of law. If the use of land leased by a competent state agency does not comply with the law, the land user is at risk of having their land revoked and not receiving compensation.

Many people today ask the question:Will leasing land without proper authority be revoked? Pursuant to the provisions of the 2013 Land Law, there are cases where state agencies can recover land, including:

– Land recovery for security and defense purposes;

– Land recovery for socio-economic development purposes and derived from the interests of the community and the country;

– Land recovery for violations of land laws;

– Land recovery because of termination of land use according to the provisions of law or voluntary return of land to land users, land recovery because it is considered to pose a threat to human life.

In particular, land recovery due to violation of land laws based on the provisions of Article 64 of the 2013 Land Law includes the following cases:

– Using land for improper purposes as prescribed by law and having been administratively sanctioned for this behavior but still continuing to violate;

– Intentionally destroying land in violation of the law;

– Land is allocated or leased to the wrong people orultra vires according to regulations of the Law.

Thus, it can be said that the land lease is not authorized may be revoked according to regulations of the Law.

2. Will leasing land without proper authority be compensated upon recovery?

Leasing land without proper authority can be revoked according to the provisions of law as analyzed above. However, during the land recovery process, the issue of compensation for land rented without authority is raised or not. Pursuant to the provisions of Article 64 of the Land Law 2013, there are regulations on cases of land recovery due to violations of land laws including:

– Using land for improper purposes and having been administratively sanctioned for using it for that improper purpose, but continuing to violate in practice;

– Land users who intentionally destroy land contrary to the law;

– Land allocated/leased by a competent state agency to the wrong person or without the right authority;

– Land is not transferred or donated, but is transferred and donated in reality;

– Land is allocated for management by a competent state agency but is encroached against the law;

– Land is not transferred to land users who, due to irresponsibility in the management process, have been encroached upon;

– Land users do not fully comply with financial obligations to competent state agencies and have been administratively sanctioned for this behavior but still do not comply;

– Land is not used continuously for a certain period of time, specifically land for growing annual crops is not used continuously for a period of 12 months, land for growing perennial crops is not actually used for a period of time. period of 18 consecutive months, forest lands are not actually used for a period of 24 consecutive months.

In addition, based on the provisions of Article 82 of the 2013 Land Law, there are regulations on the state recovering land without compensation, including the cases listed as follows:

– Cases are specifically stipulated in Clause 1, Article 76 of the 2013 Land Law;

– Land allocated by a competent state agency for management purposes;

– Land recovered in the cases specified in Article 64 and points a, b, c and d of Clause 1, Article 65 of the 2013 Land Law;

– In case of not meeting the conditions for admissionIs the land use right certificate granted according to the provisions of the Land Law 2013.

Thus, it can be said that in case of leasing land without proper authority, that land will be revokedno compensation.

3. Regulations on land recovery authority:

Pursuant to the provisions of Article 66 of the 2013 Land Law, there are regulations on land recovery authority, accordingly, the land recovery authority is prescribed to belong to the following state agencies:

– The Provincial People's Committee has the authority to issue land recovery decisions in the following cases:

+ Land recovery for subjects identified as organizations and religious establishments, subjects identified as Vietnamese residing abroad and foreign organizations with established diplomatic functions headquartered in the territory of Vietnam, foreign-invested enterprises according to the provisions of law;

+ Make decisions on land recovery for agricultural land types belonging to the 5% commune/ward public land fund.

– The district People's Committee will have the authority to make decisions on land recovery in the following cases:

+ Land recovery for subjects identified as households or individuals and residential communities;

+ Recovering residential land for subjects identified as Vietnamese residing abroad who have the right to own houses in the territory of Vietnam.

– In case there are both of the above mentioned subjects in the land recovery area, the Provincial People's Committee shall issue a decision to recover land or authorize the District People's Committee to issue a decision to recover land.