Vietnamese
From July 15, 2024, the Government issues the Decree The Government promulgates the Decree on compensation, support and resettlement upon land recovery by the State.
Compensation in land with use purposes different from those of the recovered land in houses upon land recovery by the State is prescribed as follows:
- In case of compensation in land with use purposes different from those of the recovered land for households, individuals, people of Vietnamese origin residing abroad that are using residential land or owning houses associated with land use rights in Vietnam, the land price used to calculate the land use levy shall be determined under the land price list applicable at the time of approval of the plans on compensation, support and resettlement;
- In case of compensation in land lease with one-off payment of land rental for the entire lease period, the land price used to calculate the land rental shall be the specific land price decided by the competent People's Committees at the time of approval of the plans on compensation, support and resettlement.
The land price used to calculate the land use levy or the land rental in case of compensation in land with use purposes different from those of the recovered land for economic organizations subject to recovery of residential land shall be the specific land price decided by the competent People's Committees at the time of approval of the plans on compensation, support and resettlement.
In case persons subject to land recovery are entitled to compensation in land with use purposes different from those of the recovered land or in houses but there is a difference in value between the land-related compensation and support amounts and the land use levy or land rental payable when they are allocated or leased other land or money to buy a house, the following provisions shall apply:
- In case the land-related compensation and support money is greater than the land use levy or land rental payable in case of allocation or lease of land with use purposes different from those of the type of recovered land or money to buy a house, persons subject to land recovery shall be entitled to receipt of the difference;
- In case the land-related compensation and support money is fewer than the land use levy or land rental payable in case of allocation or lease of land with use purposes different from those of the type of recovered land or money to buy a house, persons subject to land recovery must pay the difference.
Other subjects entitled to land-related compensation, include:
- Households and individuals currently use land without land use rights documents but meet the conditions for issuance of a certificate of land use rights and ownership of land-attached assets
- Households and individuals currently use land but committed violations of the land law before July 1, 2014, have been using the land stably, are subjects to be considered for issuance of a certificate of land use rights.
- Households and individuals currently use land allocated ultra vires as specified in the land law at the time of land allocation or in case of use of land from purchase, liquidation or distribution of houses and construction works attached to land in contravention of law, but have been using the land stably before July 1, 2014.
- In case households and individuals currently use land with a land use rights document but the type of land stated in the issued paper is different from a type of land classified in accordance with Article 9 of the Land Law or is different from the land-use status quo, the compensation shall be applied to the type of land after the determination of the type of land under Clause 2 Article 10 of the Land Law.
- Households and individuals directly engaged in agricultural production are using agricultural land that is in stable use before July 1, 2004, but fall into the cases not entitled to the issuance of certificates of land use rights.
This Circular takes effect on August 01, 2024.
