How is compensation paid if the state recovers land and causes damage to crops?
Pursuant to the provisions of Clause 3, Article 103 of the 2024 Land Law, it is stipulated as follows:
"When the State reclaims land and causes damage to crops and livestock, compensation shall be made according to the following provisions:
3. For crops that have not been harvested but can be moved to another location, compensation will be paid for moving costs and actual damage due to moving and replanting.
For forest trees planted with state budget capital, natural forest trees assigned to organizations, households and individuals for planting, management, care and protection, compensation shall be made according to the actual damage value of the garden; compensation shall be divided among the managers, caretakers and protectors according to the provisions of the law on forestry".
Accordingly, if the State recovers land and causes damage to crops, compensation will be paid according to the actual value of the damage to the garden, and the compensation will be divided among the managers, caretakers, and protectors according to regulations.
In which cases is compensation not given for property attached to land when land is recovered?
Below are cases where compensation for assets attached to land is not granted when the State reclaims land according to the provisions of Article 105 of the 2024 Land Law as follows:
- Assets attached to land fall into one of the land recovery cases specified in Clauses 1, 2, 4, 5 and 8, Article 81, Points b and c, Clause 1, Article 82 of the 2024 Land Law.
- Assets attached to land are created in violation of the law or created within the effective period of the land recovery notice of a competent state agency as prescribed by the 2024 Land Law.
- Assets attached to land are construction works under construction permits with a term according to construction law, but by the time of land reclamation, the permit has expired.
Owners of assets specified in Clause 3, Article 105 of the 2024 Land Law shall be supported for dismantling, demolition, and relocation.
- Technical infrastructure works, social infrastructure works and other construction works that the owner of the works determines that they no longer need to use before the time of the land recovery decision of the competent authority.
