Compensation for crops
According to Clause 3, Article 103 of the 2024 Land Law, when the State reclaims land and causes damage to crops, compensation is calculated as follows:
Case 1: Compensation for annual crops
- The compensation level is calculated based on the output value of the harvest for that crop.
- The value of the harvest output is calculated based on the highest yield of the crop in the previous 3 consecutive years of that crop in the locality and the compensation unit price.
Case 2: Compensation for perennial crops
- The compensation level is calculated based on the actual damage value of the garden.
- For perennial crops that are harvested multiple times and are in the harvest period, the compensation level is calculated based on the unharvested garden output corresponding to the remaining years in the harvest cycle and the compensation unit price.
Case 3: Compensation for crops that may be moved elsewhere
- For crops that have not been harvested but can be moved to another location, they will be compensated for travel costs and actual damage due to having to move or replant.
Case 4: Compensation for forest
- For forest trees planted with state budget capital, natural forest trees assigned to organizations, households, and individuals for planting, management, care, and protection, compensation shall be based on the actual damage value of the garden; compensation shall be divided among managers, caregivers, and protection according to the provisions of the law on forestry.
Compensation for livestock
When the State reclaims land and causes damage to aquatic animals or other animals that cannot be moved, they will be compensated for actual damage at the specific compensation level prescribed by the Provincial People's Committee:
Note: Each province will have a specific compensation level for livestock.
For example:
- Ho Chi Minh City: Compensation level calculated according to Decision 68/2024/QD-UBND
- City. Hanoi compensation level for crops or livestock that can be moved to new facilities, according to the Compensation Regulations attached to Decision 56/2024/QD-UBND.
Thus, when the State reclaims land, not all livestock are compensated, but only aquatic livestock such as fish, shrimp, etc. The reason is the biological characteristics of aquatic animals that cannot be moved (because there are no new ponds or lakes) or will die if moved.
