Consulting on this case, Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm - said:
Compensation for land when the State reclaims agricultural land from households and individuals
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, compensation for agricultural land is regulated 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 according to the provisions of the 2024 Land Law, compensation shall be implemented in accordance with the Government's regulations.
Conditions for compensation for land when the State reclaims land for national defense and security purposes
- Cases of compensation for land when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests include:
+ Households and individuals using land other than leased land pay annual land rent;
+ Communities currently using land with constructions such as pagodas, communal houses, temples, shrines, shrines, family churches, and other religious works; agricultural land specified in Clause 4, Article 178 of the 2024 Land 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 to the community;
+ Vietnamese people residing abroad as prescribed in Clause 1, Article 44 of the 2024 Land Law;
+ Religious organizations and affiliated religious organizations permitted by the State to operate using land other than land allocated or leased by the State; not land received for transfer or donation from July 1, 2004 onwards;
+ 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; receive transfer of land use rights in industrial parks, industrial clusters, high-tech zones, economic zones;
+ Organizations allocated land by the State with land use fees collected, leased land with one-time land rental payments for the entire lease term; inherited land use rights, received land use rights transfer, received capital contributions in land use rights;
+ Foreign organizations with diplomatic functions are leased land by the State with one-time land rent payment for the entire lease term;
+ Economic organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital allocated land by the State with land use fees collected to implement investment projects to build houses for sale or for sale combined with lease; lease land with one-time land rental for the entire lease term.
- The cases specified in Clause 1, Article 95 of the 2024 Land Law are compensated for land when one of the following conditions is met:
+ 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.
