4 cases where property compensation is not granted when land is recovered

Lao Dong Newspaper Legal Consulting Office replied:

Article 105 of the 2024 Land Law (effective from August 2024) stipulates cases where compensation for assets attached to land is not granted when the State reclaims land as follows:

1. Assets attached to land falling under one of the land recovery cases specified in Clauses 1, 2, 4, 5 and 8, Article 81, Points b and c, Clause 1, Article 82 of this Law.

2. Assets attached to land created in violation of the provisions of law or created within the effective period of the land recovery notice of a competent state agency as prescribed in this Law.

3. Assets attached to land are construction works under construction permits with a term according to construction law, but at the time of land reclamation, the permit has expired.

Owners of assets specified in this clause shall be supported for dismantling, demolition and relocation.

4. Technical infrastructure works, social infrastructure works and other construction works that the owner of the works determines that they no longer need to use before the time of the land recovery decision of the competent authority.

Thus, when the State reclaims land, the above cases will not be compensated for assets attached to the land.