Compensation level for land not eligible for red book
According to YouMe Law Firm, one of the conditions for land compensation when the State recovers land is stipulated in Clause 2, Article 95 of the 2024 Land Law, which is to have a Land Use Rights Certificate.
However, Clause 3, Article 96 of the 2024 Land Law stipulates: For agricultural land used before July 1, 2004, where the land users are households or individuals directly engaged in agricultural production, but do not meet the conditions to be granted a Certificate of land use rights and ownership of assets attached to land according to the provisions of this law, compensation shall be made according to the Government's regulations.
Thus, according to Clause 3, Article 96 of the 2024 Land Law, the only case that does not meet the conditions for granting a Certificate but is still entitled to land compensation is: Agricultural land used before July 1, 2004, where the land user is a household or individual directly engaged in agricultural production.
According to Clause 4, Article 12 of Decree 88/2024/ND-CP on compensation, support, and resettlement, compensation for land that is not eligible for a red book is regulated as follows:
Note: The compensated area must not exceed the agricultural land allocation limit prescribed in Article 176 of the 2014 Land Law.
Thus, the regulation that those who are not eligible for red book issuance are still entitled to land compensation only applies to agricultural land used before July 1, 2004, where the land users are households or individuals directly engaged in agricultural production.
Land compensation when the State reclaims agricultural land from households and individuals
According to YouMe Law Firm, Article 96 of the 2024 Land Law stipulates: Households and individuals using agricultural land when the State recovers land, if they meet the conditions for compensation prescribed in Article 95 of this Law, will be compensated with agricultural land or money or land with a different purpose than the recovered land or with housing.
For households and individuals using agricultural land, when the State reclaims land, compensation for agricultural land is regulated as follows:
The area of agricultural land to be compensated includes the area within the limits prescribed in Articles 176 and 177 of this Law and the area of land received through inheritance;
For agricultural land areas due to land use rights transfer exceeding the limit before July 1, 2014, compensation and support will be implemented according to Government regulations.
