The following two subjects are compensated for land even though they use land allocated without proper authority, including:
- Households and individuals who have been using land that was allocated without proper authority and have been stably using it since before July 1, 2014.
- Households and individuals who are using land that was allocated without proper authority from July 1, 2014 to before August 1, 2024 and have full documents proving that they have paid land use fees will be compensated for the land.
Compensation is specifically regulated in Articles 10, 12, 13 of Decree 88/2024/ND-CP as follows:
* In case households and individuals are using land allocated without proper authority before August 1, 2024 and meet the conditions for compensation, they will be compensated as follows:
- For land used stably before October 15, 1993:
In case of full or partial recovery of a land plot with housing and living facilities, where the recovered area is greater than the land recognition limit: Compensation will be equal to the residential land recognition limit.
In case of recovery, the land area used to build houses and works serving life > recognized residential land area: Compensation for residential land will be based on the actual land area used to build houses and works serving life after deducting land use fees.
In case of full or partial recovery of land plot with houses and works serving life, and the recovered area is less than the land recognition limit: Compensation for residential land for the entire recovered land area will be paid.
In case of land area recovered for non-agricultural production, business, trade and service purposes: Compensation will be based on the actual land area recovered.
For the remaining land that is not compensated for residential land/non-agricultural production land/commercial and service land: Compensation according to agricultural land type.
- For land used stably from October 15, 1993 - before July 1, 2004 and land allocated from July 1, 2004 - before August 1, 2024, with full documents proving payment for land use:
In case of full/partial recovery of land plot with house and service works, the recovered area ≥ land recognition limit: Compensation will be equal to the residential land allocation limit.
In case the land area where houses and constructions have been built is greater than the land allocation limit: Compensation for land for the actual built area will be given;
In case of revocation of all/part of a land plot with houses and constructions, where the revocation area is < residential land allocation limit: Compensation for residential land for the entire revocation land area;
In case of land area recovered for non-agricultural production, business, trade and service purposes: Compensation will be given according to the actual area used and recovered.
Remaining land area: Compensation according to agricultural land type.
- For land that has been used stably from July 1, 2004 - before July 1, 2014:
In case of total or partial revocation of land plot with houses and works serving life, the revocation area ≥ land recognition limit: Compensation equal to the residential land allocation limit.
If the land area where houses and constructions have been built is > the residential land allocation limit: Compensation for residential land will be given for the actual constructed area;
The remaining land area (if any) that is not compensated as above will be compensated according to the current land use status.
* In case a household or individual is using land for agricultural purposes:
- Using land allocated without proper authority before July 1, 2014 but eligible for compensation: Compensation for the area of land recovered but not exceeding the limit for agricultural land allocation.
- Stable use of agricultural land before July 1, 2004 where the land user directly engages in agricultural production but does not meet the conditions for granting a Certificate and the recovered area > compensated area: The remaining area will be decided by the Provincial People's Committee based on the actual situation in the locality to provide other support for each specific project.
