Citizens should ask the Ministry of Agriculture and Environment about the following cases: When the state reclaims land for the purpose of socio-economic development for national and public interests, who are the subjects to be compensated for residential land? Is it mandatory to have a Land Use Rights Certificate?
If there is only a contract for donating 100m2 of residential land in 300m2 of residential land of parents, with full signatures of the parties since 2009 without notarization, having built a level 4 2 house on this residential land, living stably since 2020, with confirmation of the donation without objection, without dispute with the signature of the parties, and having the original red book of the father or mother, are citizens eligible for compensation for residential land?
Responding to this content, the Ministry of Agriculture and Environment said that regarding the conditions for compensation When the state reclaims land for the purpose of socio-economic development for national and public interests:
Clause 1 and Clause 2, Article 95 of the Land Law stipulates:
Article 95. Conditions for compensation for land when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests
1. Cases of compensation for land when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests include:
a) Households and individuals using land other than leased land pay annual land rent;
b) Communities using land with constructions such as pagodas, communal houses, temples, shrines, shrines, family churches, and other religious works; agricultural land specified in Clause 4, Article 178 of this Law and that land is not in dispute, and is confirmed by the People's Committee of the commune where the land is located as land for common use to the community;
c) Vietnamese people residing abroad as prescribed in Clause 1, Article 44 of this Law;
d) Religious organizations and affiliated religious organizations permitted by the State to operate using land other than land allocated or leased by the State; not land received for transfer or donation from July 1, 2004 onwards;
d) Vietnamese people residing abroad who are allocated land by the State with land use fees collected, land leased with one-time land rental payments for the entire lease term; receive transfer of land use rights in industrial parks, industrial clusters, high-tech zones, economic zones;
e) Organizations allocated land by the State with land use fees collected, land leased with one-time land rental payments for the entire lease term; inheritance of land use rights, receiving land use rights transfer, receiving capital contributions in land use rights;
g) Foreign organizations with diplomatic functions leased land with one-time land rent payment by the State for the entire lease term;
h) Economic organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital allocated by the State land with land use fees collected to implement investment projects to build houses for sale or for sale combined with lease; lease land with one-time land rental payment for the entire lease term.
2. The cases specified in Clause 1 of this Article are compensated for land when one of the following conditions is met:
a) Having a Certificate of land use rights or a Certificate of house ownership rights and land use rights or a Certificate of land use rights, house ownership rights and other assets attached to land or a Certificate of land use rights and ownership rights of assets attached to land;
b) Having a decision on land allocation or a decision on land lease or a decision allowing change of land use purpose by a competent state agency;
c) Having one of the documents on land use rights as a basis for granting a Certificate of land use rights and ownership of assets attached to land as prescribed in Article 137 of this Law;
d) Receiving the transfer of land use rights according to the provisions of law from a person with legal land use rights but has not completed the land registration procedures;
d) To use land according to the agreement in the mortgage contract to settle debts; documents recognizing the results of the auction of land use rights for which the auction winner has fulfilled financial obligations according to the provisions of law.
3. The Government shall prescribe other cases of land compensation and conditions for land compensation.
Article 5 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government regulating compensation, support, and resettlement when the State reclaims land stipulates:
"Article 5. Other cases of land compensation and conditions for land compensation as prescribed in Clause 3, Article 95 of the Land Law
1. Households and individuals using land without documents on land use rights but are eligible for a Certificate of land use rights and ownership of assets attached to land (hereinafter referred to as the Certificate of land use rights) as prescribed in Clauses 1, 2, 3, 4, 5 and 6, Article 138 of the Land Law.
2. Households and individuals who are using land that have violated land laws before July 1, 2014 but have used land stably, and are eligible for a Certificate of Land Use Rights as prescribed in Clause 1, Point a and Point c, Clause 2, Clause 3, Clause 4, Article 139 of the Land Law.
3. Households and individuals who are using land allocated without proper authority according to the provisions of the law on land at the time of allocation or using land due to buying, receiving liquidation, valuation, and distribution of houses and construction works attached to land not in accordance with the provisions of law but have used land stably before July 1, 2014.
In case of land allocated without proper authority from July 1, 2014 to before the effective date of the Land Law, there must be documents proving that the money has been paid to use the land.
4. Households and individuals who are using land with land use right documents but the type of land determined on the issued documents is different from the land classification according to the provisions of Article 9 of the Land Law or different from the current status of land use shall compensate according to the land type after being re-determined according to the provisions of Clause 2, Article 10 of the Land Law.
5. Households and individuals directly engaged in agricultural production who are using agricultural land that they have used stably before July 1, 2004 but are not eligible for a Certificate of Land Use Rights".
Because this is a specific case, the ministry recommends that citizens study the above regulations and contact the competent land management agency in the locality for specific instructions.
