Vietnamese
Issued to detail several articles of the 2024 Land Law regarding compensation, support and resettlement upon land recovery by the State, Government Decree 88/2024/ND-CP contain provisions focusing on compensation in land with use purposes different from those of the recovered land or in houses when the State recover land.
As stated in the Decree, the land price used to calculate land use levy when making payment of compensation in land with use purposes different from those of the recovered land for households, individuals, and people of Vietnamese origin residing abroad that are currently using residential land or owning houses associated with land use rights in Vietnam is the land price determined according to the land price list at the time of approval of the compensation, support and resettlement plan.
In case of making compensation through land lease with one-off payment of land rental for the entire lease period, the land price used to calculate land rental is the specific land price set by the competent People’s Committee upon approval of the compensation, support and resettlement plan.
For economic organizations having residential land recovered, the land price used to calculate land use levy or land rental when making payment of compensation in land with use purposes different from those of the recovered land is also the specific land price set by the competent People’s Committee when approving the compensation, support and resettlement plan.
In case persons whose land is recovered receive compensation in land with different use purposes from those of the recovered land or in houses, and the value used for compensation and support is different from the payable amount of land use levy or land rental upon allocation or lease of substitute land or the amount used to purchase a house, such persons will be entitled to receive the positive difference or must refund the negative difference.
Provincial-level People’s Committees will, based on the availability of land and houses and reality in their localities, regulate the conversion rate and conditions for making of compensation in land with use purposes different from those of the recovered land or in houses to pay compensation for persons whose land is recovered.
By: VLLF
