Compensation for recovery of agricultural land for residential areas
In case of agricultural land being recovered to build a residential area, the person whose land is recovered will be compensated and compensated for the following items:
Land compensation: People whose agricultural land is recovered will be compensated for land if they satisfy the conditions in Article 96 of the 2024 Land Law
Households and individuals who are using agricultural land when the State reclaims the land, if they meet the conditions for compensation prescribed in Article 95 of the 2024 Land Law, will be compensated in agricultural land or in money or in land with a different purpose than the type of reclaimed land or in housing.
Households and individuals who are using agricultural land when the State reclaims the land shall be compensated for agricultural land as follows:
The area of agricultural land to be compensated includes the area within the limit prescribed in Articles 176 and 177 of the 2024 Land Law and the area of land received by inheritance;
For agricultural land areas due to receiving land use rights transfer exceeding the limit before July 1, 2014, compensation and support shall be implemented in accordance with Government regulations.
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 for being granted a Certificate of land use rights and ownership of assets attached to land as prescribed in this Law, compensation shall be implemented in accordance with Government regulations.
- Compensation for remaining investment costs in land:
Compensation for remaining investment costs in land is paid when the person whose land is recovered has documents and papers proving the investment in the land.
In case there are no more documents or supports proving the investment cost in the remaining land, the user whose agricultural land is recovered will be compensated according to the regulations of the People's Committee at the provincial level where the land is located;
- Compensation for crops and livestock on the land:
The condition for compensation for crops and livestock on the land is that the crops and livestock must be legally created on the land and suffered damage during the land recovery process.
In which cases does the State reclaim agricultural land?
Pursuant to Clause 35, Article 3 of the 2024 Land Law, the State's land recovery is the decision of a competent state agency to reclaim the land use rights of a land user or reclaim the land of a person currently using the land or reclaiming land under the management of the State.
Accordingly, the 2024 Land Law stipulates cases where the State reclaims land, including: Land recovery for national defense and security purposes; Land recovery for socio-economic development for national and public interests; Land recovery due to violations of land laws; Land recovery due to termination of land use according to law, voluntary return of land, and risk of threatening human life.
State recovery of agricultural land for residential areas is determined to be a case of land recovery for the purpose of socio-economic development for national and public interests.
