According to Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm, the current Land Law does not have specific regulations on garden land adjacent to residential land. However, it can be understood that garden land adjacent to residential land is the type of land used for growing annual crops, perennial crops or intercropping annual crops with perennial crops in the same plot of land or intercropping with the residential land area in the same plot of residential land.
According to Article 4 of Decree 88/2024/ND-CP, compensation in land with a purpose of use other than residential land being recovered is implemented as follows:
- Land price for calculating land use fees when compensated for land with a different purpose than the type of land recovered for households, individuals, and people of Vietnamese origin residing abroad who are using residential land and own houses attached to land use rights in Vietnam is the land price determined according to the land price list at the time of approving the compensation, support, and resettlement plan; in case of compensation by leasing land with one-time payment for the entire lease term, the land price for calculating land rent is a specific land price decided by the People's Committee at the competent level at the time of approving the compensation, support, and resettlement plan.
The land price for calculating land use fees and land rents when compensated for land with different land use purposes than the type of recovered land for economic organizations with recovered residential land is a specific land price decided by the People's Committee at the competent level at the time of approving the compensation, support and resettlement plan.
- People whose land is recovered and compensated with land with a different purpose of use than the type of recovered land or with housing but have a difference in value between land compensation and support and land use fees, land rent payable when allocated land, other land rent or housing purchase fees shall be handled as follows:
+ In case the compensation and support for land is greater than the land use fee or land rent payable when allocated or leased land with a purpose of use other than the type of recovered land or the house purchase fee, the person whose land is recovered will receive the difference;
+ In case the compensation and support for land is less than the land use fee or land rent payable when allocated or leased land with a purpose of use other than the type of recovered land or the house purchase fee, the person whose land is recovered must pay the difference.
- Provincial People's Committees shall, based on land funds, housing funds and actual situation in the locality, prescribe the conversion rate and conditions for compensation in land with a purpose of use other than the type of recovered land or in housing to compensate people whose land is recovered as prescribed in this Article.
