Compensation for crops and livestock when reclaiming land

The Lao Dong Newspaper Legal Consulting Office replied:

Article 103 of the 2024 Land Law stipulates that when the State reclaims land causing damage to crops and livestock, compensation shall be implemented according to the following provisions:

1. For annual crops, the compensation level is calculated by the output value of the harvest for that crop. The output value of the harvest is calculated according to the productivity of the highest crop in the three years ago of the local crop and the compensation unit price;

2. 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;

3. 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 and replant.

For forest trees grown using 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 protectors according to the provisions of the law on forestry;

4. When the State reclaims land and causes damage to aquatic animals or other animals that cannot be moved, compensation for actual damage will be paid at the specific compensation level prescribed by the Provincial People's Committee;

5. owners of crops and livestock specified in Clauses 1, 2, 3 and 4 of this Article are allowed to reclaim crops and livestock before handing over land to the State;

6. The provincial People's Committee issues a unit price for compensation for crop and livestock damage according to the production process issued by the Ministry of Agriculture and Rural Development or by localities according to the provisions of law; the unit price for compensation for crop and livestock damage specified in this Article must be consistent with market prices and must be considered for adjustment when there are fluctuations to serve as a basis for calculating compensation when reclaiming land.

Thus, when the State reclaims land and causes damage to crops and livestock, compensation shall be implemented as above.