Having received compensation when the State recovers land, is it possible to sue again?
Based on Clause 1, Article 237 of the 2024 Land Law, it is stipulated as follows:
Article 237. Settlement of complaints and lawsuits regarding land management
1. Land users, people with rights and obligations related to land use have the right to complain and sue administrative decisions and administrative acts on land management.
2. The order and procedures for resolving complaints about administrative decisions and administrative acts on land management are implemented according to the provisions of the law on complaints. The order and procedures for initiating lawsuits against administrative decisions and administrative acts on land management are implemented according to the provisions of the law on administrative procedures.
3. The collection, preservation, use and storage of dossiers and documents related to resolving complaints about land management shall be carried out in accordance with the provisions of the law on complaints.
Accordingly, land users, people with rights and obligations related to land use have the right to complain and sue administrative decisions and administrative acts on land management.
Thus, after receiving the money, if errors are detected in determining the level of compensation and support, or there is evidence that their legitimate rights and interests are violated, they have the right to sue to request consideration and settlement.
Compensation for damage to houses and construction works attached to land when the State recovers land
Based on Article 102 of the 2024 Land Law, regulations on compensation for damage to houses, houses, and construction works attached to land when the State recovers land are as follows:
1. For houses and works serving the lives attached to land of households, individuals, and overseas Vietnamese who must be dismantled or demolished when the State recovers land, the owner of that house or work is compensated with the new construction value of the house or work with equivalent technical standards according to the provisions of relevant laws.
House and building owners are allowed to use the remaining materials of houses and buildings.
2. For houses and construction works attached to land that are not subject to the cases specified in Clause 1, Article 102 of the 2024 Land Law, when the State recovers land and it is demolished or partially demolished, the damage compensation is as follows:
- For houses and construction works that are demolished or completely or partially demolished and the remaining part does not meet technical standards as prescribed by law, compensation shall be made with the new construction value of houses and construction works with equivalent technical standards as prescribed by law on construction;
- For houses and other construction works that are dismantled or demolished and do not fall into the cases specified in point a, clause 2, Article 102 of the 2024 Land Law, damages are compensated according to reality.
3. For technical infrastructure and social infrastructure works attached to land currently in use that are not in the cases specified in Clause 1 and Clause 2, Article 102 of the 2024 Land Law, the compensation level is calculated by the new construction value of works with equivalent technical standards according to the provisions of specialized laws.
4. Provincial People's Committees issue unit prices for actual damage compensation for houses, houses, and construction works specified in Article 102 of the 2024 Land Law to serve as a basis for calculating compensation when land is recovered; the unit price for damage compensation specified in this Article must ensure compliance with market prices and must be considered for adjustment when there are fluctuations to serve as a basis for calculating compensation when land is recovered.
