Article 4 of Decree 88 guiding the implementation of a number of articles of the Land Law 2024 on compensation, support, and resettlement when the State recovers land stipulates compensation in the form of land with a use purpose different from the type of land recovered or by housing when the State recovers land as prescribed in Clause 1, Article 96, Clause 1, Article 98, Clause 1, Article 99 of the Land Law.
Accordingly, the land price used to calculate land use fees when compensated is land with a use purpose different from the type of land recovered for households, individuals, and people of Vietnamese origin residing abroad who are using residential land or are currently using the land. Housing ownership associated with land use rights in Vietnam is the land price determined according to the land price list at the time of approval of the compensation, support and resettlement plan; In case of compensation by land lease with one-time payment of land rent for the entire lease period, the land price to calculate the land rent is the specific land price decided by the competent People's Committee at the time of approving the method. compensation, support and resettlement projects.
The land price used to calculate land use fees and land rent when compensating with land with a use purpose other than the type of land recovered for economic organizations with recovered residential land is the specific land price issued by the competent People's Committee. decision-making authority at the time of approving compensation, support and resettlement plans.
Article 4 also stipulates cases where people whose land is recovered are compensated with land that has a different use purpose than the type of land recovered or with housing where there is a difference in value between the compensation and support for the land and the land history. Land use, land rent payable when being allocated land, renting other land or money to buy a house are handled as follows:
In case the compensation or support for land is greater than the land use fee or land rent payable upon land allocation or lease of land with a use purpose other than the type of land recovered or the money to buy a house, the land owner shall collect the land. receive the difference;
In case the compensation or support for land is smaller than the land use fee or land rent payable when being allocated land or renting land for a use purpose other than the recovered land or the money to buy a house, the land owner will collect the land. must pay the difference.
The Provincial People's Committee, based on the land fund, house fund and actual situation in the locality, shall determine the conversion rate and conditions for compensation by land with a use purpose other than the type of land recovered or by housing to Compensation for people whose land is recovered is specified in this Article.
