Regulations on compensation when recovering land allocated ultra vires

Minh Huy |

The compensation policy when recovering land allocated ultra vires is implemented in accordance with legal regulations and must deduct related financial obligations.

A resident reflected on problems related to compensation when the State recovered land area allocated not under its previous authority. According to the reflection, in the process of preparing the compensation plan, functional agencies requested to re-determine financial obligations related to land use fees.

Regarding this content, the Department of Land Administration, Ministry of Agriculture and Environment said that the development of compensation, support and resettlement plans must comply with the provisions of Decree No. 88/2024/ND-CP of the Government on compensation and support when the State recovers land.

The compensation plan must fully reflect all items such as: Land compensation money, assets attached to land, relocation costs, remaining land investment costs and other supports.

Việc thu hồi đất giao trái thẩm quyền được thực hiện theo phương án bồi thường, hỗ trợ và tái định cư theo quy định pháp luật.
The recovery of land allocated beyond authority is carried out according to the compensation, support and resettlement plan according to legal regulations. Photo: Phan Anh

In addition, the plan must also clearly identify financial obligations regarding land that land users have not fulfilled (if any), such as land use fees or land rents that must still be paid.

Notably, the total amount of money people receive will be calculated after deducting these remaining financial obligations from land compensation.

The Department of Land Administration said that issues related to the collection and payment of land use fees for land areas exceeding the limit or land allocated not under authority are the responsibility of the financial agency to resolve.

Therefore, to be specifically considered, people need to contact the natural resources and environment agency, and at the same time work with the local financial agency to be guided in detail according to the provisions of law.

According to current regulations, compensation when recovering land allocated ultra vires is not only based on the current status of land use but also must be compared with arising financial obligations, ensuring the full exercise of the rights and obligations of land users.

Minh Huy
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