What is reclaimed land?
Regarding this issue, Lawyer Nguyen Duc Hung - Hanoi Bar Association said, Pursuant to Clause 1, Article 9 of the 2024 Land Law, there are provisions on land classification including: Agricultural land group, non-agricultural land group and unused land.
In these land groups, current legal regulations do not have any specific provisions on the concept of reclaimed land.
However, reclaimed land is often understood as the type of land used to refer to areas where the land is left fallow, not yet exploited by users. These lands have been approved by the State for planning purposes for agricultural production.
Currently, the State still has a policy to encourage land reclamation, specifically Article 8 of the 2024 Land Law stipulates:
Article 8. Encouraging investment in land use
1. Improve land use efficiency.
2. Protect, improve, increase soil fertility; treat polluted land and water surface, restore degraded land.
3. Encroaching on the sea, putting vacant land, bare hills, alluvial land along rivers and coasts, and wasteland with water surface into use according to the provisions of this Law.
However, according to Article 222 of the 2024 Land Law, this land reclamation must be managed and implemented according to the State's plan, not arbitrarily reclaimed as before.
Is there compensation for reclaimed land?
Cases of land reclamation due to illegal exploitation
Illegal land reclamation and cultivation is one of the cases of land recovery due to violations of land laws as prescribed in Article 81 of the 2024 Land Law.
Thus, according to Articles 101 and 105 of the 2024 Land Law, in cases where the State reclaims land due to encroachment, there will be no compensation for land and compensation for assets invested in the land.
In case of reclaimed land in accordance with regulations
According to Clause 1, Article 95 of the 2024 Land Law, the subjects that are compensated when the State reclaims land include subjects that have or are eligible to be granted a Certificate but have not been granted one.
Thus, if you are using fallow land and meet the conditions for a Certificate, you will be compensated when the land is recovered.
In addition, reclaimed land must also meet the following conditions to be compensated:
There is a decision on land allocation/land lease/land use purpose change or some other documents such as Transfer documents, Land contract certificate, Inventory book, land construction book... according to specific regulations in Article 137 of the 2024 Land Law.
Currently using land that is not subject to annual land lease payment.
Meet the conditions for land use as agreed in the mortgage contract; document recognizing the auction results that this person has fulfilled financial obligations.
Meet the conditions on land users as prescribed in Clause 1, Article 95 of the 2024 Land Law such as: currently using land but not leased land with annual land rent payment, using agricultural land without disputes and confirmed by the People's Committee of the commune/ward...
