Case 1: No Certificate yet but eligible for Certificate issuance
According to Clause 1 and Clause 2, Article 95 of the 2024 Land Law, the conditions for land compensation when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests are as follows:
- Households and individuals using land that is not rented land must pay annual land rent;
- The community is using land with constructions such as pagodas, communal houses, temples, shrines, hermitages, clan churches, and other religious constructions; agricultural land specified in Clause 4, Article 178 of this Law and that land is not in dispute, 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 people residing abroad as prescribed in Clause 1, Article 44 of this Law;
- Religious organizations and affiliated religious organizations permitted by the State to operate are using land that is not allocated or leased by the State; not land transferred or donated from July 1, 2004 onwards;
- Overseas Vietnamese people are allocated land by the State with land use fees collected, leased land with one-time land rent payment for the entire lease term; receive transfer of land use rights in industrial parks, industrial clusters, high-tech zones, economic zones;
- Organizations that are allocated land by the State with land use fees collected, lease land with one-time land rent payment for the entire lease term; receive inheritance of land use rights, receive transfer of land use rights, receive capital contributions in the form of land use rights;
- Foreign organizations with diplomatic functions that are leased land by the State must pay land rent once for the entire lease term;
- Economic organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital are allocated land by the State with land use fees to carry out investment projects to build houses for sale or for sale combined with lease; lease land with one-time land rent payment for the entire lease term.
* The cases specified in Clause 1 of this Article shall be compensated for land when one of the following conditions is met:
- Have a Certificate of land use rights or a Certificate of house ownership and land use rights or a Certificate of land use rights, house ownership 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 or land lease or decision on permission to change land use purpose from a competent state agency;
- Have one of the documents on land use rights as a basis for granting a Certificate of land use rights and ownership of assets attached to land according to the provisions of Article 137 of this Law;
- Receive transfer of land use rights according to the provisions of law from a person with legal land use rights but has not completed land registration procedures;
- Use land according to the agreement in the mortgage contract to settle debt; document recognizing the results of the auction of land use rights in which the auction winner has fulfilled financial obligations according to the provisions of law.
* The Government shall prescribe other cases of land compensation and conditions for land compensation.
Accordingly, households and individuals who are using land that is not leased land and pay annual land rent, and have one of the documents mentioned in Clause 2, Article 95 above, will be compensated for the land when the State reclaims it.
Case 2: Using agricultural land before July 1, 2004
According to Clause 3, Article 98 of the 2024 Land Law, it is stipulated that:
For agricultural land used before July 1, 2004, where the land users are households or individuals directly engaged in agricultural production but do not meet the conditions to be granted a Certificate of land use rights and ownership of assets attached to the land according to the provisions of this Law, compensation shall be made according to the Government's regulations.
Accordingly, real estate without red books will still be compensated when land is recovered if it meets the conditions in each specific case as prescribed above.
