Compensation for housing damage when the State acquires land

Lao Dong Newspaper Legal Consulting Office replied:

Article 102 of the 2024 Land Law (effective from August 2024) stipulates compensation for damage to houses, dwellings, and construction works attached to land when the State reclaims land as follows:

1. For houses and constructions serving daily life attached to land of households, individuals, and people of Vietnamese origin residing abroad that must be dismantled or demolished when the State reclaims land, the owners of such houses and constructions shall be compensated with the new construction value of houses and constructions with equivalent technical standards according to the provisions of relevant laws.

The owner of the house or building is allowed to use the remaining materials of the house or building.

2. For houses and construction works attached to land that are not subject to the provisions of Clause 1 of this Article, when the State recovers land and they are demolished or demolished in whole or in part, compensation for damages shall be paid as follows:

a) For houses and construction works that are completely or partially dismantled or demolished and the remaining part does not meet technical standards as prescribed by law, compensation shall be equal to the new construction value of the house or construction work with equivalent technical standards as prescribed by law on construction;

b) For houses and other construction works that are dismantled or demolished not falling under the provisions of Point a of this Clause, compensation for actual damages shall be made.

3. For technical infrastructure works and social infrastructure works attached to land in use that are not subject to the provisions of Clauses 1 and 2 of this Article, the compensation level shall be calculated by the new construction value of works with equivalent technical standards according to the provisions of specialized laws.

4. The provincial People's Committee shall issue the unit price for compensation for actual damage to houses, dwellings, and construction works specified in this Article to serve as the basis for calculating compensation when reclaiming land; the unit price for compensation for damage specified in this Article shall be consistent with market prices and must be considered for adjustment when there are fluctuations to serve as the basis for calculating compensation when reclaiming land.

5. The Government shall detail this Article.

Thus, when the State reclaims land, compensation for damage to houses and housing is regulated as above.