According to Article 254 of the Land Law 2024, in cases where a land recovery decision has been made in accordance with land law before the effective date of this Law but there is no decision approving the compensation, support, and resettlement plan by the competent state agency, the compensation, support, and resettlement shall continue to be implemented in accordance with the provisions of this Law.
In cases where a land recovery decision and a decision approving the compensation, support, and resettlement plan have been made in accordance with land law before the effective date of this Law but have not yet been implemented, the approved compensation, support, and resettlement plan shall continue to be implemented; the handling of delayed compensation payments shall be carried out in accordance with the law at the time the State issued the land recovery decision.
Thus, in cases where a land recovery decision is made before August 1, 2024, land compensation shall be handled as follows:
- In cases where a land recovery decision is made before August 1, 2024, but there is no decision approving the compensation, support, and resettlement plan by the competent state agency, the compensation, support, and resettlement shall continue to be implemented in accordance with the Land Law 2024.
- In cases where a land recovery decision and a decision approving the compensation, support, and resettlement plan are made before August 1, 2024, but have not yet been implemented, the approved compensation, support, and resettlement plan shall continue to be implemented; the handling of delayed compensation payments shall be carried out in accordance with the Land Law 2013.
- In cases where a land recovery decision and a decision approving the compensation, support, and resettlement plan are made before August 1, 2024, but a resettlement land allocation decision is made after this date, the land price for calculating land use fees at the resettlement site shall be determined at the time of approval of the compensation, support, and resettlement plan. If at the time of the resettlement land allocation decision, the resettlement land price is lower than the land price in the compensation, support, and resettlement plan, the land price at the time of the resettlement land allocation decision shall be applied.
According to Article 85 of the Land Law 2024, before issuing a land recovery decision, the competent state agency must send a written notice of land recovery to the land user, the owner of assets attached to the land, and persons with related rights and obligations (if any) at least 90 days in advance for agricultural land and 180 days in advance for non-agricultural land.
The content of the land recovery notice includes the reason for land recovery; the area and location of the recovered land; the land recovery schedule; the investigation, survey, measurement, and inventory plan; the plan for relocating residents from the recovered land area; the compensation, support, and resettlement plan.
