Speaking with Lao Dong Newspaper reporters, Lawyer Nguyen Pho Dung - Director of OPIC Law Firm and Associates, Hanoi Bar Association - advised as follows:
Households and individuals using agricultural land that are eligible for compensation will be compensated by:
- Agricultural land; or
- Money; or
- Land has a different purpose of use than the type of land recovered; or
- Housing.
Clause 6, Article 111 of the 2024 Land Law stipulates that people whose agricultural land is recovered and are eligible for compensation but need compensation in the form of residential land/housing and the locality has conditions for residential land and housing funds will be compensated by allocation of residential land/resettlement housing.
Thus, from August 1, 2024 - when the 2024 Land Law takes effect, households and individuals whose agricultural land is recovered and are eligible for compensation can be compensated with housing.
However, compared with the land compensation principle in Clause 2, Article 91 of the 2024 Land Law, priority will still be given to compensation in agricultural land or money.
If you are compensated with land or housing but want to be compensated in cash, you will be compensated in cash according to your wishes, but you must register when making a compensation, support and resettlement plan.
Agricultural land recovery is compensated if conditions are met.
Article 95 of the Land Law stipulates that households and individuals using agricultural land whose land is recovered shall be compensated for land when meeting the following conditions:
- Using land that is not leased land with annual land rent payment;
- Have a Certificate of land use rights/Certificate of house ownership and land use rights/Certificate of land use rights, house ownership and other assets attached to land/Certificate of land use rights, ownership of assets attached to land;
- There is a land allocation decision/land lease decision/decision allowing change of 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;
- 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;
- Land use as agreed in the mortgage contract to settle debt; document recognizing the results of the land use rights auction in which the auction winner has fulfilled financial obligations as prescribed.
