1. Compensation for land
a, Cases where the conditions for granting a Certificate are met but have not been granted
Point a, Clause 1 and Clause 2, Article 95 of Land Law No. 31/2024/QH15 stipulate that households and individuals using land other than leased land with annual land rent payment shall be compensated for land when the State recovers land for national defense and security purposes; socio-economic development for national and public interests if they meet one of the following conditions:
- Have Certificate.
- There is a decision on land allocation or land lease or decision on permission to change land use purpose from a competent authority.
- Have one of the documents on land use rights to issue a Certificate.
- Received transfer of land use rights in accordance with legal regulations but has not completed land registration procedures.
- Use land under mortgage contract to settle debt; document recognizing auction results that have fulfilled financial obligations.
Thus, even if the Certificate has not been granted but the conditions for granting it are met and one of the above documents is available, the household or individual will still be compensated for the land if it is not leased land with annual land rent payment.
b. Not eligible for Certificate
According to Clause 3, Article 98 of the 2024 Land Law, even if they do not meet the conditions for granting a Certificate, households and individuals directly engaged in agricultural production will still be compensated for land, provided that the agricultural land was used before July 1, 2004.
2. Compensation for property attached to land
Clause 3, Article 91 of the 2024 Land Law stipulates the principles of compensation for property damage when the State acquires land as follows:
“Property owners who suffer property damage as prescribed by civil law shall be compensated for the damage; owners of production and business establishments that must stop production and business due to land acquisition by the State shall be considered for support.”
Thus, even without a Certificate, the legal owner of the property attached to the land is still compensated if there is damage caused by land acquisition.
3. Exercising land user rights
According to Point a, Clause 1, Article 45 of the 2024 Land Law, there are 2 cases where land use rights can be transferred or donated even without a Certificate:
Case 1: When inheriting land use rights, converting agricultural land when consolidating land, exchanging plots, or donating land use rights to the State or community.
Case 2 (Point a, Clause 4, Article 127 of the 2024 Land Law): Households and individuals who have not been granted a Certificate but are eligible for a Certificate are allowed to transfer land use rights, lease, sublease land use rights, and contribute capital using land use rights to implement projects.
4. Granted construction permit
Even if there is no Certificate, but there is one of the legal documents on land as prescribed in Article 3 of Decree 53/2017/ND-CP, a construction permit will still be granted.
Note: Houses can only be built on residential land.
5. Temporarily used until land is recovered
Clause 8, Article 138 of the 2024 Land Law stipulates:
“Households and individuals using land in the cases specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article but not eligible for a Certificate of land use rights and ownership of assets attached to land may temporarily use the land in its current state until the State reclaims the land and must declare and register the land according to regulations.”
Thus, for households and individuals who are using land stably without any of the documents on land use rights, not in violation of land law and not in the case of land allocation without proper authority, even though they do not meet the conditions for granting a Certificate, the land user has the right to temporarily use the land in its current state until the State reclaims the land.
