Compensation and support for special cases when reclaiming land

The Lao Dong Newspaper Legal Consulting Office replied:

Article 92 of the 2024 Land Law (amended) stipulates compensation, support, and resettlement in special cases as follows:

1. For investment projects decided by the National Assembly and the Prime Minister, approving the investment policy of land recovery but moving the entire community, affecting the entire life, economy, society, cultural traditions of the community and requiring specific policies on compensation, support and resettlement, the Provincial People's Council will decide on compensation, support and resettlement policies in accordance with the actual conditions of the locality.

2. In the case of land recovery prescribed in Clause 3, Article 82 of this Law, the person whose land is recovered shall be compensated, supported and resettled as in the case of land recovery prescribed in Articles 78 and 79 of this Law.

3. In case the organization is allowed to reclaim land but is not compensated for land, the organization has assets assigned by the State for management and use, the following shall be done:

a) Organizations allocated land by the State with land use fees collected, leased land with one-time land rental fees collected for the entire lease term but the land use fees and land rents paid are from the state budget and organizations allocated land by the State without land use fees collected when the State reclaims land will not be compensated for the land but will be supported in money if they have to relocate to a new facility decided by a competent state agency; the maximum support level does not exceed the land compensation level;

b) People's armed forces units that are using land when the State reclaims land according to the provisions of Article 79 of this Law shall be arranged a new location or converted to a suitable land location;

c) When the State reclaims land or an organization that has suffered property damage and is assigned by the State to manage and use and has to relocate to a new facility, that organization shall use property compensation to invest in the new facility according to an investment project approved by competent authorities.

Thus, special cases when reclaiming land are compensated and supported as above.