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Compensations are for having certificates of land use rights or being entitled to issuance. However, a single case is not entitled to issuing certificates of land use rights but still has compensation.
So what is the single case that is not entitled to issuing a certificate but still has compensation from August 01?
One of the conditions for land compensation for cases ineligible for compensation for land upon land recovery by the State is prescribed in Clause 2, Article 95, Land Law 2024 must have the Certificate.
However, Article 101, Land Law 2024 prescribed cases ineligible for compensation for land upon land recovery by the State as follows:
Article 101 Cases ineligible for compensation for land upon land recovery by the State
1. The cases prescribed in Clause 1, Article 107 of this Law.
2. Land administered by State authorities and organizations as prescribed in Article 217 of this Law.
3. Land which is recovered in the cases prescribed in Article 81 and Clauses 1 and 2, Article 82 of this Law.
4. Cases where they are not eligible for certificates of land use rights and ownership of land-attached property in accordance with this Law, unless otherwise prescribed in Clause 3, Article 96 of this Law.
Accordingly, Clause 36, Article 96, Land Law 2024 prescribes that:
For agricultural land which was used before July 1, 2004, of which land users are households and individuals directly engaged in agricultural production but are ineligible to be granted certificates of land use rights and ownership of land-attached property in accordance with this Law, the compensation must be made in accordance with the regulations of the Government.
Therefore, in accordance with the provisions prescribed in Clause 4, Article 101 and Clause 3, Article 96, the single case which is not eligible for certificates of land use rights is allowed to have compensation as follows: Agricultural land which was used before July 1, 2004, of which land users are households and individuals directly engaged in agricultural production.
Levels of compensation for agricultural land ineligible to be granted certificates of land use rights
By provisions prescribed in Clause 4, Article 12, the land-related compensation is prescribed as follows:
No. | Classification | The compensated land area |
1 | For cases of land use without land use rights documents, if the recovered land area exceeds the land area compensated | Equal to the actual recovered land area |
2 | For cases of land use with violations of the land law, if the recovered land area exceeds the land area compensated | provincial-level People's Committees shall, based on the practical conditions in their localities, decide on other supports for each specific project. |
3 | For cases of use of land allocated ultra vires, if the recovered land area exceeds the land area compensated. |
Note: The land-related compensation for agricultural land area must not exceed the agricultural land allocation quota applicable to individuals as specified in Article 176 of the Land Law 2014.
Conclusion: Regulations on land-related compensation for households and individuals currently using land as agricultural land which was used before July 1, 2004, of which land users are households and individuals directly engaged in agricultural production.
Here are LuatVietnam's updates on the single case not entitled to the issuance of certificates of land use rights have compensation.
