Conditions for compensation when reclaiming agricultural land
Conditions for compensation when the State reclaims agricultural land for national defense and security purposes; Socio-economic development for national and public interests are specifically as follows: The reclaimed land must have a red book, a pink book; a decision on land allocation, land lease or a decision allowing the change of land use purpose from a competent State agency.
Land users with documents related to 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 the 2024 Land Law.
Receiving the transfer of land use rights from a person with legal land use rights but has not completed the land registration procedures.
To use land according to the agreement in the mortgage contract to settle debts; or according to the document recognizing the auction results of land use rights for which the auction winner has fulfilled financial obligations according to the provisions of law.
3 forms of compensation when reclaiming agricultural land
According to Articles 96 and 97 of the 2024 Land Law, in cases of agricultural land recovery, individuals and organizations are compensated for land and other investment costs on land.
First, compensation in agricultural land, or in land with a purpose of use other than the type of recovered land, or housing.
Second, compensation in cash if the locality does not have agricultural land to compensate.
Third, other support such as: Support for stabilizing life, production, business, and support for moving livestock.
Households and individuals who are using agricultural land when the State reclaims land, compensation for agricultural land is regulated as follows: The area of agricultural land to be compensated includes the area within the limit prescribed in Articles 176 and 177 of the 2024 Land Law and the area of land received by inheritance.
For agricultural land areas due to 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, land users who are households or individuals directly engaged in agricultural production but do not meet the conditions for being granted a red book according to the provisions of the 2024 Land Law, compensation will be implemented according to the Government's regulations.
How to quickly calculate compensation for agricultural land when the State reclaims it
Clause 5, Article 7 of Decree 71/2024/ND-CP, specific land prices are determined by the method of land price adjustment coefficient applied to the case of calculating compensation for land when the State reclaims it, which is calculated as follows:
Land price of land plot to be valued (1m2) = Land price in the land price list of land plot to be valued x Land price adjustment coefficient.
In particular, the specific land price of the type of recovered land will be decided by the People's Committee (UBND) of the province where the land is located if there is no longer a land fund for compensation and compensation according to the provisions of Point e, Clause 1, Article 160 of the 2024 Land Law.
Article 30 of Decree 71/2024/ND-CP, specific land valuation must be implemented in accordance with the provisions of Article 158 of the 2024 Land Law and Articles 4, 5, 6, 7 of Decree 71/2024/ND-CP; results of synthesizing and analyzing information on market land prices; factors affecting land prices.
