Conditions for compensation for agricultural land
People who use agricultural land when it is recovered by the State will be compensated if they meet the following conditions:
Land with a red book or pink book.
Having a decision on land allocation, land lease or permitting change of land use purpose from a competent authority.
Having documents on land use rights as prescribed in Article 137 of the 2024 Land Law.
Receive a legal transfer of land use rights from a person with land use rights but has not completed the registration procedures.
Use land according to the agreement in the mortgage contract or the document recognizing the auction results of land use rights when fulfilling financial obligations.
How to calculate compensation when reclaiming land
Formula:
Compensation price = Land area recovered (m2) × Compensation price (equal/m2).
In which, the compensation price is determined according to the formula:
Compensation price = Land price in land price list × Coefficient of increase/ decrease each year × Other adjustment coefficient (if any).
The land price list is the basis for determining the compensation level, issued by the provincial People's Committee according to the provisions of Decree 88/2024/ND-CP and the 2024 Land Law, based on market prices in the area.
Currently, the compensation price depends on many components: the provincial land price list, adjustment coefficient (by area, year), determination of market price, conditions for support, support for stabilizing life, resettlement costs, etc.
Forms of compensation when reclaiming agricultural land
According to Articles 96 and 97 of the 2024 Land Law, people whose agricultural land is recovered can be compensated with agricultural land, money, land other than land use purposes or housing.
Accordingly:
Compensation for agricultural land within the limit and inherited area.
Agricultural land transferred exceeding the limit before July 1, 2014 will be compensated and supported according to Government regulations.
Agricultural land used before July 1, 2004, people directly engaged in agricultural production but not eligible for a red book, will still be compensated according to regulations.
