The following cases will not receive land compensation when the State recovers:
- Cases specified in Clause 1, Article 107 of the Land Law 2024, include:
+ Land is allocated by the State without collecting land use fees, except in the case of agricultural land of households and individuals that are compensated for the land according to the provisions of the Land Law 2024.
+ Land allocated by the State to organizations is subject to land use fees but is exempt from land use fees.
+ Land is leased by the State with annual land rent payment; For leased land, the land rent is paid once for the entire lease period but the land rent is exempted, except for the case specified in Clause 2, Article 99 of the Land Law 2024.
+ Land belonging to the agricultural land fund used for public purposes is leased by the commune-level People's Committee.
+ Contracted land for agricultural production, forestry, aquaculture, and salt production.
+ Agricultural land area exceeds the limit prescribed in Article 176 of the Land Law 2024.
- Land managed by State agencies and organizations prescribed in Article 217 of the Land Law 2024, including:
+ Land used for public purposes; Land of rivers, streams, canals, creeks, streams, ponds, lakes, lagoons, lagoons; Cemetery land, funeral homes, cremation facilities; Land with specialized water surface.
+ Special-use forest land, protective forest land, production forest land; Land is recovered by the State and assigned to land fund development organizations for management; Land recovered by the State and assigned to the Commune-level People's Committee for management in the cases specified in Point dd, Clause 1 and Clause 3, Article 82; Clause 2, Article 82 in rural areas; Clause 5, Article 86; Point e, Clause 2, Article 181 of the Land Law 2024.
+ Land re-allocated and land use rights transferred by foreign organizations with diplomatic functions when there is no need to use the land shall be carried out on the basis of international treaties, international agreements and relevant legal provisions. mandarin.
+ Agricultural land used for public purposes of communes, wards and towns; Unused land.
- In case of not meeting the conditions for granting a Certificate of land use rights or ownership of assets attached to land according to the provisions of this Law, except for the cases specified in Clause 3, Article 96 of the Land Law 2024.
Accordingly, agricultural land was used before July 1, 2004 and the land user is a household or individual directly engaged in agricultural production but is not eligible to be granted a Certificate of land use rights and ownership. For assets attached to land according to the provisions of this Law, compensation shall be carried out in accordance with the Government's regulations.
