Consulting on this case, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm said that, based on Article 95 of the 2024 Land Law, the State when reclaiming land for national defense and security purposes; developing the socio-economy for national and public interests, will compensate for land to households and individuals in one of the following cases:
- Households and individuals using land that is not leased land pay annual land rent.
- Vietnamese people residing abroad as prescribed in Clause 1, Article 44 of the 2024 Land Law.
- Vietnamese people residing abroad are allocated land by the State with land use fees collected, land leased with one-time land rental payments for the entire lease term; receiving transfer of land use rights in industrial parks, industrial clusters, high-tech zones, economic zones.
- Vietnamese people residing abroad are allocated land by the State with land use fees to implement investment projects to build houses for sale or for sale combined with lease; lease land with one-time land rental payment for the entire lease term.
According to Lawyer Tran Tuan Anh, in addition to the cases that meet the prescribed conditions, households and individuals need to meet the following additional conditions to be compensated when the State reclaims land:
- Having a certificate of land use rights or a certificate of house ownership rights and land use rights or a certificate of land use rights, house ownership rights and other assets attached to land or a certificate of land use rights and ownership rights of assets attached to land.
- Having a land allocation decision or land lease decision or decision allowing change of land use purpose from a competent state agency.
- Having 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 as prescribed in Article 137 of the 2024 Land Law.
- Receive the transfer of land use rights according to the provisions of law from a person with legal land use rights but has not completed the land registration procedures.
- To use land according to the agreement in the mortgage contract to settle debts; documents recognizing the results of the auction of land use rights for which the auction winner has fulfilled financial obligations according to the provisions of law.
Compensation in land and houses when agricultural land is recovered
Lawyer Tran Tuan Anh said that Clause 6, Article 111 of the 2024 Land Law stipulates the resettlement arrangement for households and individuals whose agricultural land is recovered as follows:
Resettlement arrangement: Households and individuals whose agricultural land or non-agricultural land is not residential land is recovered, if they meet the conditions for land compensation as prescribed in Article 95 of this Law and have a need for compensation in the form of residential land or housing and the locality has conditions for residential land and housing, will be compensated by allocating residential land or resettlement housing.
Households and individuals whose agricultural land is recovered will be compensated in the form of residential land or housing depending on the needs of households and individuals. However, compensation is only implemented if households and individuals meet the conditions for land compensation according to the provisions of Article 95 of the 2024 Land Law and localities with conditions for residential land and housing are compensated by allocating residential land or resettlement housing.
