Regulations on land compensation when reclaiming agricultural land

Lao Dong Newspaper Legal Consulting Office replied:

Article 96 of the 2024 Land Law (effective from August 2024) stipulates land compensation when the State reclaims agricultural land from households and individuals as follows:

1. Households and individuals currently using agricultural land when the State recovers land, if they meet the conditions for compensation prescribed in Article 95 of this Law, shall be compensated with agricultural land or money or land with a different purpose than the type of recovered land or with housing.

2. For households and individuals using agricultural land when the State reclaims land, compensation for agricultural land is regulated as follows:

a) The area of ​​agricultural land to be compensated includes the area within the limits prescribed in Articles 176 and 177 of this Law and the area of ​​land received through inheritance;

b) For agricultural land areas due to land use rights transfer exceeding the limit before July 1, 2014, compensation and support shall be implemented according to Government regulations.

3. For agricultural land used before July 1, 2004, where the land users are households or individuals directly engaged in agricultural production but do not meet the conditions for being granted a Certificate of land use rights and ownership of assets attached to land according to the provisions of this Law, compensation shall be made according to the Government's regulations.

Article 97 of the 2024 Land Law stipulates compensation for land when the State recovers agricultural land from economic organizations, residential communities, religious organizations, and affiliated religious organizations as follows:

1. Economic organizations that are using agricultural land allocated by the State with land use fees collected, leased land with one-time land rent collected for the entire lease term, or receiving transfer of land use rights when the State reclaims land, if they meet the conditions for compensation prescribed in Article 95 of this Law, shall be compensated for land.

2. Residential communities, religious organizations, and affiliated religious organizations that are using agricultural land when the State reclaims land, if they meet the conditions for compensation prescribed in Article 95 of this Law, shall be compensated for land.

Thus, compensation when the State reclaims agricultural land is regulated as above.