Compensation level when people have land without a red book before July 1, 2014

Thu Giang |

Many readers are interested in regulations on compensation levels when reclaiming land without a red book before July 1, 2024.

Regarding land compensation regulations, Article 8 of Decree No. 88/2024/ND-CP of the Government stipulates land compensation for households and individuals using land with houses, houses and works for life, households and individuals using land in areas with difficult socio-economic conditions, areas with particularly difficult socio-economic conditions before July 1, 2014 without land use right documents (red book).

Accordingly, households and individuals who are using land with houses, houses and works serving life from October 15, 1993 to before July 1, 2014 without documents on land use rights if they are eligible for compensation as prescribed in Clause 1, Article 5 of this Decree, shall compensation for land be implemented according to the following provisions:

In case of revocation of all or part of a land plot with houses, houses and works serving life if the recovered area of the land plot is equal to or larger than the residential land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of the 2024 Land Law, compensation for residential land will be equal to the residential land allocation limit.

For the land area where houses, houses and works serving life have been built that is larger than the limit for land allocation, compensation for residential land will be paid for the actual area where houses, houses and works serving life have been built.

In case of revocation of all or part of a land plot with houses, houses and works serving life, if the recovered area of the land plot is smaller than the residential land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of the 2024 Land Law, compensation for residential land will be paid for the entire recovered land area.

In case of reclaiming the land area used for non-agricultural production, business, trade and service purposes, compensation will be based on the actual recovered land area; the type of land to be calculated for compensation will be applied as in the case of land allocated by the State with land use fees collected, with a long-term stable land use term.

For the remaining land area of the land plot that is not compensated for residential land and non-agricultural production land, commercial and service land as prescribed in Point a and Point c of this Clause, compensation shall be paid according to the type of agricultural land.

Households and individuals who are eligible for agricultural land allocation as prescribed in Clause 1, Article 118 of the Land Law and have used residential land stably before July 1, 2014 without land use right documents, have registered permanent residence in a locality in an area with difficult socio-economic conditions, or an area with particularly difficult socio-economic conditions if they meet the conditions for compensation prescribed in Clause 1, Article 5 of this Decree will be compensated for residential land; the area of residential land for compensation determined according to the provisions of Clauses 1, 2 and 3 of this Article.

Thu Giang
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