According to Lao Dong reporter's research, based on Clause 1, Article 96 of the 2024 Land Law, when the State reclaims agricultural land, the conditions for households and individuals to receive compensation are as follows:
Households and individuals who are using agricultural land when the State reclaims the land, if they meet the conditions for compensation prescribed in Article 95 of this Law, will be compensated in agricultural land or in money or in land with a different purpose than the type of reclaimed land or in housing.
Households and individuals who are using agricultural land when the State reclaims the land shall be compensated for agricultural land as follows:
The area of agricultural land to be compensated includes the areas within the limits prescribed in Articles 176 and 177 of this Law and the land area that has been legally transferred but has not been granted a certificate of land use rights and ownership of assets attached to land, with the condition of meeting the common regulations of the 2024 Land Law.
For agricultural areas receiving land use rights transfer exceeding the limit before July 1, 2014, compensation and support shall be implemented in accordance with Government regulations.
For agricultural land used before July 1, 2004, where the land user is a household or individual directly engaged in production but does not meet the conditions for being granted a certificate of land use rights and ownership of assets attached to land as prescribed in this Law, it will be implemented according to Government regulations.
Regarding compensation prices for agricultural land recovery:
When reclaiming agricultural land, land users will receive compensation in cash not exceeding 5 times the price of agricultural land of the same type in the local land price list for the entire area of reclaimed agricultural land but not exceeding the limit for agricultural land allocation in the locality (according to Article 176 of the 2024 Land Law).
Support training, job conversion and job search for households and individuals when the State reclaims land.
Compensation in the form of land with a different purpose of use than the type of recovered land or in housing when the State recovers land (according to the provisions of Clause 1, Article 96, Clause 1, Article 98, Clause 1, Article 99 of the 2024 Land Law).
When compensation in the form of land with other purposes of use or housing with a difference in value between land compensation and support and land use fees, land rent payable when allocated land, other land rent or housing purchase fees, it shall be resolved as follows:
In case the compensation and support for land is greater than the land use fee or land rent payable when allocated or leased land with a purpose of use other than the type of recovered land or the house purchase fee, the person whose land is recovered will receive the difference.
In case the compensation and support for land is less than the land use fee or land rent payable when allocated or leased land with a purpose of use other than the type of recovered land or the house purchase fee, the person whose land is recovered must pay the difference.
