The Ministry of Agriculture and Environment has just issued a document responding to the Department of Justice of Cao Bang province on reviewing and removing "bottlenecks" in the land sector. The content of the reflection and recommendation of this agency is as follows:
Regarding the provisions of Clause 8, Article 2 of the 2018 Law on Livestock, Clause 4, Article 103 of the 2024 Land Law, Clause 4, Article 103 of the 2024 Land Law stipulates that "When the State reclaims land and causes damage to aquatic animals or other animals that cannot be moved, they will be compensated for actual damage according to the specific compensation level prescribed by the provincial People's Committee".
Clause 8, Article 2 of the 2018 Law on Animal Husbandry stipulates: Other animals in livestock farming are animals other than livestock, poultry and outside the List of endangered, precious and rare species prioritized for protection, the list of endangered, precious and rare forest animals, common forest animals, aquatic animals, and the list of wild animals in the Appendix of the Convention on International Trade in Endangered Species of Wildlife and Plantations.
According to the Law on Livestock, aquatic animals are also considered other animals. Therefore, there is no consensus on the definition of "other livestock" between these two Laws in the process of developing compensation unit prices for damages in the province.
On this issue, the Ministry of Agriculture and Environment has the following opinion: Clause 3, Article 91 of the Land Law stipulates the principles of compensation, support, and resettlement when the State reclaims land: Owners of assets under the provisions of civil law who suffer property damage will be compensated for damages. Clause 4, Article 103 of the Land Law stipulates: When the State reclaims land and causes damage to aquatic or other animals that cannot be moved, compensation for damages will be paid.
Other animals specified in Clause 4, Article 103 of the Land Law are non- aquatic animals that cannot be moved when the State reclaims the land (for example, bird, vermicompost, etc.), Thus, the other animals specified in the Land Law are different from other animals in livestock specified in Clauses 5 and 8, Article 2 of the 2018 Livestock Law; during the implementation of this regulation, the law on land through the periods has not encountered difficulties or problems.
