According to Lao Dong, Article 8 of Decree No. 88/2024/ND-CP of the Government stipulates compensation for land for households and individuals using land with houses, houses and works for life, households and individuals using land in areas with difficult socio-economic conditions, areas with particularly difficult socio-economic conditions before July 1, 2014 without land use right documents (red book).
Notably, households and individuals who are using land with houses, houses and works serving life before December 18, 1980 without documents on land use rights, if they meet the conditions for compensation prescribed in Clause 1, Article 5 of this Decree, shall compensation for land be implemented according to the following regulations:
In case of total or partial revocation of a land plot with houses, houses and works serving life, the recovered area of the land plot is equal to or larger than the residential land recognition limit prescribed in Clause 5, Article 141 of the Land Law, compensation will be equal to the residential land recognition limit.
For the land area where houses, houses and works for living have been built that is larger than the recognized residential land area prescribed in Clause 5, Article 141 of the Land Law, compensation for residential land will be based on the actual land area for building houses, houses and works for living after deducting land use fees payable as when being granted a red book for the land area exceeding the limit at the time of approving the compensation, support and resettlement plan.
In case of total or partial revocation of a land plot with houses, houses and works serving life but the land plot area is smaller than the residential land recognition limit prescribed in Clause 5, Article 141 of the 2024 Land Law, compensation for residential land will be paid for the entire recovered land area.
In case of reclaiming the land area used for non-agricultural production, business, trade and service purposes, compensation will be based on the actual area used that has been reclaimed; The type of land for compensation is applied as land allocated by the State with land use fees collected, with a long stable land use term.
For the remaining land area of the land plot that is not compensated for residential land and non-agricultural production land, commercial and service land as prescribed in Point a and Point c of this Clause, compensation shall be paid according to the type of agricultural land.
