Answering readers of Lao Dong Newspaper, Lawyer Quach Thanh Luc - Head of Phap Tri Law Company (Hanoi Bar Association) said that to determine whether the recovered land is compensated or not, first of all, it is necessary to consider whether that land plot is eligible for a Certificate of Land Use Rights or not?
If the land is eligible for a red book, used stably, and there is no dispute, then of course the land user will have their compensation rights resolved in accordance with the law," Lawyer Quach Thanh Luc said.
According to the lawyer, for reclaimed land, the issuance of a Certificate of Land Use Rights depends on the origin and legal status of each specific case and is determined according to the provisions of Articles 137, 138, 139, 140 of the Land Law.
Depending on each case, people will be considered for issuance of Certificates for the corresponding type of land and fulfill financial obligations for land use fees according to regulations. When the land plot is eligible for issuance of Certificates, when the State recovers it, compensation rights will be resolved according to legal regulations.
Lawyer Quach Thanh Luc noted that one of the important issues is that land users must be able to determine the origin of the land plot.
When we correctly identify the origin of the land, we can compare it with the cases that are granted Certificates. From there, based on legal regulations to determine what type of land is recognized, whether to pay land use fees or not, and if to pay, what is the amount of money. These contents have all been specifically regulated," the lawyer analyzed.
According to Lawyer Quach Thanh Luc, in fact, many people when learning about procedures often want to be specifically and detailedly guided by functional agencies for each case. However, this may be difficult because each land plot has different origins and legal status.
If not specifically guided by functional agencies, people can turn to people with knowledge and understanding of the law, including lawyers, to receive detailed explanations and advice for their cases," Lawyer Quach Thanh Luc said.
