According to Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm, based on current regulations of the 2024 Land Law and related legal documents, agricultural land without a land use right certificate can still be compensated when the State reclaims the land if it meets the conditions for being granted a Land Use Right Certificate.
Pursuant to Article 101 of Decree 101/2024/ND-CP, for agricultural land used before July 1, 2004, where the land users are households or individuals directly engaged in agricultural production but do not meet the conditions for being granted a Certificate of land use rights and ownership of assets attached to the land, compensation will still be received when the State reclaims agricultural land.
Accordingly, in cases where agricultural land is not eligible for a red book, people will still receive compensation if they are households or individuals directly engaged in agricultural production who have used the land before July 1, 2004.
At the same time, if the land user meets the conditions for being granted a Certificate of land use rights and ownership of assets attached to the land, he/she will also be compensated when the State reclaims agricultural land, even if the land does not have a red book.
Lawyer Tran Tuan Anh said that there is currently no general formula for calculating specific land prices when the State reclaims land, but there are regulations on the method, method, and order to determine specific land prices when compensating. Depending on each area, the compensation and compensation land price is different. Specific land prices for agricultural land are calculated according to the provisions of Clause 3, Article 160 of the 2024 Land Law.
The agency with the function of land management is responsible for assisting the Chairman of the People's Committee at the same level in organizing the determination of specific land prices. During the implementation process, the agency with the function of land management is allowed to hire a consulting organization to determine land prices to determine specific land prices. Determining specific land prices to calculate compensation prices is based on investigation, analysis, and collection of information on recovered land plots and market land prices at locations where the land plot is recovered, applying appropriate specific land price calculation methods.
