Reader P.V. K asked: You are named in the Land Use Right Certificate issued on December 31, 2018, land type according to the Certificate: LUC, area: 2,435.3 m2.
The above-mentioned land plot has been converted by Mr. K into a garden to grow perennial fruit trees and dig ponds to raise fish more than 5 years ago, because growing rice does not bring economic efficiency. However, he has not carried out the procedures for changing land use purposes on the Certificate.
Mr. K's land plot is being planned by the State to be recovered for project implementation. Mr. K asked if his crops and farmed fish will be compensated or supported according to legal regulations when the State recovers land?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 3, Article 91 of the 2024 Land Law stipulates:
Article 91. Principles of compensation, support, and resettlement when the State recovers land
3. Owners of property under the provisions of civil law who suffer property damage are entitled to compensation for damages; owners of production and business establishments who have to stop production and business due to land acquisition by the State are considered for support".
Article 105 of the 2024 Land Law stipulates:
Article 105. Cases where compensation for assets attached to land is not allowed when the State recovers land
1. Assets attached to land belonging to one of the cases of land recovery specified in Clauses 1, 2, 4, 5 and 8, Article 81, Point b and Point c, Clause 1, Article 82 of this Law.
2. Assets attached to land created contrary to the provisions of law or created within the validity period of the land recovery notice of a competent state agency as prescribed by this Law.
3. Assets attached to land that are construction works under a term construction permit according to the law on construction that have expired by the time of land acquisition.
Owners of assets specified in this clause are supported for dismantling, demolition, and relocation.
4. Technical infrastructure, social infrastructure and other construction works that the project owner determines no longer need to use before the time of the land acquisition decision of the competent authority".
Because your question is a specific case, please study the above regulations and contact the land management agency in the locality for consideration and guidance.
