If agricultural land is recovered, will it be compensated with residential land or housing?
Clause 6, Article 111 of the 2024 Land Law stipulates the resettlement arrangement for households and individuals whose agricultural land is recovered as follows:
Resettlement arrangement: Households and individuals whose agricultural land or non-residential non-agricultural land is recovered, if they meet the conditions for land compensation as prescribed in Article 95 of this Law and need compensation in the form of residential land or housing and the locality has conditions for residential land and housing funds, will be compensated by allocation of residential land or resettlement housing.
Households and individuals whose agricultural land is recovered will be compensated with residential land or housing depending on the needs of the household or individual. However, compensation will only be made if the household or individual meets the conditions for land compensation as prescribed in Article 95 of the 2024 Land Law and the locality has conditions for residential land and housing, then compensation will be provided with residential land or resettlement housing.
What are the conditions for compensation when the State acquires land?
Pursuant to Article 95 of the 2024 Land Law, when the State recovers land for national defense and security purposes; socio-economic development for national and public interests, it will compensate for land to households and individuals in one of the following cases:
- Households and individuals using land that is not rented land must pay annual land rent.
- Vietnamese people residing abroad as prescribed in Clause 1, Article 44 of the 2024 Land Law.
- Overseas Vietnamese people are allocated land by the State with land use fees collected, leased land with one-time land rent payment for the entire lease term; receive transfer of land use rights in industrial parks, industrial clusters, high-tech zones, and economic zones.
- Overseas Vietnamese people are allocated land by the State with land use fees to carry out investment projects to build houses for sale or for sale combined with lease; lease land with one-time land rent payment for the entire lease term.
* In addition to the cases that meet the prescribed conditions, households and individuals must meet the following additional conditions to receive compensation when the State reclaims land.
- Have a certificate of land use rights or a certificate of house ownership and land use rights or a certificate of land use rights, house ownership and other assets attached to land or a certificate of land use rights, ownership of assets attached to land.
- There is a decision on land allocation or land lease or decision on permission to change land use purpose from a competent state agency.
- Have one of the documents on land use rights as a basis for granting a certificate of land use rights and ownership of assets attached to land according to the provisions of Article 137 of the 2024 Land Law.
- Receive transfer of land use rights according to the provisions of law from a person with legal land use rights but has not completed land registration procedures.
- Use land according to the agreement in the mortgage contract to settle debt; document recognizing the results of the auction of land use rights in which the auction winner has fulfilled financial obligations according to the provisions of law.
