Subjects compensated when reclaiming agricultural land
According to Clause 1, Article 95 of the 2024 Land Law, the following subjects are subject to compensation when reclaiming agricultural land:
1) Households and individuals using land that is not leased land pay annual land rent.
2) Communities using land with constructions such as pagodas, communal houses, temples, shrines, shrines, family churches, and other religious constructions; agricultural land specified in Clause 4, Article 178 of this Law and that land is not in dispute, and is confirmed by the People's Committee of the commune where the land is located as land for common use to the community.
3) People of Vietnamese origin residing abroad as prescribed in Clause 1, Article 44 of this Law.
4) Religious organizations and affiliated religious organizations permitted by the State to operate using land that is not land allocated or leased by the State; not land received for transfer or donation from July 1, 2004 onwards.
5) Vietnamese people residing abroad are allocated land by the State with land use fees collected, land leased with one-time land rental payments for the entire lease term; receiving transfer of land use rights in industrial parks, industrial clusters, high-tech zones, economic zones.
6) Organizations allocated land by the State with land use fees collected, leased land with one-time land rental payments for the entire lease term; inherited land use rights, received land use rights transfer, received capital contributions in land use rights.
7) Foreign organizations with diplomatic functions are leased land by the State with one-time land rent payment for the entire lease term.
8) Economic organizations, people of Vietnamese origin residing abroad, and economic organizations with foreign investment capital allocated by the State land with land use fees to implement investment projects to build houses for sale or for sale combined with lease; lease land with one-time land rental for the entire lease term.
What are the conditions for compensation when reclaiming agricultural land?
According to Clause 2 and Clause 3, Article 95 of the Land Law, the conditions for compensation for land when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests are stipulated as follows:
- Have a red book, pink book.
- Having a land allocation decision or land lease decision or decision allowing change of land use purpose from a competent state agency.
- Having 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 as prescribed in Article 137 of this Law.
- Receive the transfer of land use rights according to the provisions of law from a person with legal land use rights but has not completed the land registration procedures.
- To use land according to the agreement in the mortgage contract to settle debts; documents recognizing the results of the auction of land use rights for which the auction winner has fulfilled financial obligations according to the provisions of law.
