If your residential land is revoked, do you always receive compensation?
Pursuant to the provisions of Article 98 of the 2024 Land Law:
- Households, individuals, people of Vietnamese origin residing abroad, economic organizations that are using residential land, owning houses attached to land use rights in Vietnam when the State reclaims land, if eligible for compensation, will be compensated in the form of residential land or in housing or in money or in land with a different purpose than the type of reclaimed land.
- Economic organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital that are using land to implement housing construction investment projects when the State reclaims land, if eligible for compensation, will be compensated in money or land.
Thus, when residential land is recovered, compensation is not always received, but there are also supplements to many other factors.
How many cases of land recovery due to violations of land laws?
Pursuant to the provisions of Article 81 of the 2024 Land Law, cases of land recovery due to violations of land laws include:
- Using land for purposes other than those assigned, leased, or recognized by the State and having been administratively sanctioned for land use violations and continuing to violate.
- Land users destroying land and having been administratively sanctioned for land destruction but continuing to violate.
- Land is allocated or leased to the wrong subject or without proper authority.
- Land received by transfer or donation from a person allocated or leased land by the State but the person allocated or leased land is not allowed to transfer or donate according to the provisions of the 2024 Land Law.
- Land assigned by the State for management but is encroached upon or occupied.
- Land users who do not fulfill financial obligations to the State.
- Land for growing annual crops, aquaculture not used for 12 consecutive months, land for growing perennial crops not used for 18 consecutive months, land for growing forests not used for 24 consecutive months and has been administratively sanctioned without putting the land into use within the time limit stated in the decision on handling administrative violations;
- Land allocated, leased, permitted by the State to change the purpose of use, recognize land use rights, receive the transfer of land use rights to implement investment projects but not used for 12 consecutive months from the date of receiving land handover on site or the land use progress is 24 months behind the progress recorded in the investment project; in case the land is not put into use or the land use progress is delayed compared to the progress recorded in the investment project, the investor is allowed to extend the use period for no more than 24 months and must pay an additional amount to the State corresponding to the land use fee and land rent for the extended period; after the extension period and the investor has not yet put the land into use, the State will reclaim the land without compensation for the land, assets attached to the land and remaining investment costs.
- The cases specified in Clauses 6, 7 and 8, Article 81 of the 2024 Land Law do not apply to cases of force majeure.
