The new points stipulated in the 2024 Land Law ensure the legitimate rights of land users, especially households and individuals directly engaged in agricultural production.
According to Clause 1, Article 146 of the 2024 Land Law: "The State compensates in land with the same purpose of use as the type of recovered land; in case there is no land for compensation, compensation in money according to the specific land price".
This is one of the important compensation principles, affirming that people will be compensated with agricultural land of the same type if they still have land fund. In case there is no longer a land fund for allocation, compensation will be made in cash, according to the specific land price at the time of recovery.
How is the specific land price determined? Article 153 of the law stipulates: Specific land prices used to calculate compensation when the State reclaims land, collects land use fees, land rents, calculates the value of land use rights to return to the State to the person voluntarily returning land and in other cases as prescribed in this law are determined by land valuation methods according to the provisions of law.
Thus, compensation no longer applies the old fixed land price framework but is based on the land price list issued by the Provincial People's Committee, ensuring closerity to market prices.
In addition to compensation or land, people are also considered for support in many other forms. Clause 1, Article 148 clearly states: "The State supports people whose land is recovered to stabilize their lives, produce, train vocational skills, change careers, find jobs and other support".
This support is to help people quickly stabilize their lives and have conditions for reproduction. At the same time, Clause 4 of this Article also allows localities to have additional rewards if people hand over land on schedule or exceed the schedule: "In case the person whose land is recovered and handed over the site on schedule or exceeds the schedule, he/she will be considered and supported according to the regulations of the Provincial People's Committee".
However, not everyone is eligible for compensation. In case people use the land for the wrong purpose, do not have legal documents, do not use the land continuously for 24 months without a legitimate reason, or the land use term has expired without completing the extension procedures, they will not be compensated for the land. These cases can be considered for investment support in land and crops, if they meet the conditions.
Changing compensation policies in a specific, transparent and approachable direction to market prices is a big step forward of the 2024 Land Law. However, to ensure their rights, people need to proactively review legal documents on land, implement planning and land use purposes properly.
