Depending on the cases stated in the Transitional Provisions - Article 254 of the 2024 Land Law, the application of compensation regulations under the 2013 Land Law and the 2024 Land Law is regulated as follows:
* Case 1: There was a decision to reclaim land before August 1, 2024, but there was no decision approving the compensation, support, and resettlement plan. In this case, people will be compensated according to the provisions of the 2024 Land Law.
* Case 2: There was a decision to reclaim land and a decision to approve the compensation plan before August 1, 2024 but it has not been implemented:
- Continue to implement the compensation, support and resettlement plan as approved.
- Handling of late compensation payments is carried out in accordance with the 2013 Land Law.
* Case 3: Before August 1, 2024, if the State agency has issued a document determining the violation with the investor in not using land or delaying putting land into use (according to point i, clause 1, Article 64 of the 2013 Land Law), it will be handled as follows:
- In case there is no decision to reclaim land:
For land allocated, leased, permitted to change the purpose of use, recognized the right to use or received the transfer of the right to use to carry out investment projects by the State, but:
+ Not used for 12 consecutive months from the date of land handover or land use progress is 24 months behind the progress recorded in the project.
+ Not putting land into use/slow progress in use compared to schedule.
+ The land use term will be extended for no more than 24 months and additional payment must be made to the State of an amount equivalent to the land use fee or land rent for the period not yet extended.
+ In case the extension period expires but the land has not been put into use: The State will reclaim the land without compensating for any costs of land, assets attached to the land and investment costs in the land.
- In case a land recovery decision has been issued: Land recovery shall be carried out according to the recovery decision and land use fees, land rents and assets invested on the land shall be recovered at the time the State issues the land recovery decision.
- In case there is a decision to withdraw and a decision to approve the compensation plan before August 1, 2024, but the decision to allocate resettlement land is only made after August 1, 2024:
Land price for calculating land use fees at resettlement sites is determined at the time of plan approval (ie before August 1, 2024).
In case at the time of the decision on land allocation for resettlement, the resettlement land price is less than the land price in the compensation plan: Apply the land price at the time of issuance of the decision on land allocation for resettlement.
- In case the investment project has been approved by the Prime Minister for the Compensation, Support and Resettlement Framework before August 1, 2024 but has not been approved by the locality: Apply policies that are more favorable to people whose land is recovered according to the Compensation Policy Framework.
- In case the investment project is subject to an agreement on receiving the transfer of land use rights under the 2013 Land Law, and is implementing the agreement but has not completed the agreement by August 1, 2024: The Provincial People's Committee shall base on the actual situation of the locality to decide whether or not to allow the agreement on receiving the transfer of land use rights to continue to be implemented.
Thus, compensation according to the old or new Law depends on each case as prescribed in Article 254 of the 2024 Land Law.
