A case reflecting problems related to compensation when the State recovers land area that has been leased before. Accordingly, land users claim that they have paid land rent once for the entire lease term, but when recovered, they are not compensated for land.
Regarding this content, the Ministry of Agriculture and Environment said that compensation when the State recovers land must be based on the conditions for compensation according to the provisions of the Land Law.
According to point a, clause 1, Article 95 of the 2024 Land Law, one of the conditions for land compensation is that the land user is not a leased land and pays annual land rent.
This means that in the case of leased land paid annually, when the State recovers it, it will not be compensated for land, but only considered for compensation for investment costs in the remaining land (if any).
Consider in the form of land lease
The Ministry of Agriculture and Environment said that the law also has separate regulations for cases of land lease but one-time payment for the entire lease term.
According to Clause 1, Article 260 of the 2024 Land Law, in case households and individuals are leased land by the State before July 1, 2004 and have paid land rent once for the entire lease term, they are entitled to the same rights as in the case of being allocated land with land use fees.
Therefore, this case may be considered for land compensation when the State recovers it if all conditions according to regulations are met.
Contact local authorities for specific consideration
The Ministry of Agriculture and Environment said that determining specifically whether a case is compensated or not needs to be based on dossiers, documents and the actual land use process.
Therefore, people should contact the local land management agency to check their dossiers and receive guidance on resolving them in accordance with legal regulations.
According to current regulations, compensation when recovering leased land does not apply to all cases but depends on the form of land lease, the time of use and the performance of financial obligations of land users.
