Land Compensation when State Recover Land ?

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With the optimal choice for clients having problems related to land, house, real estate and other civil cases, feel free to contact to famous law firm in land in Hanoi at hotline 1900.599.979 for more advice.

* Principles for land compensation when the State recovers land

- When the land is recovered by the State, if land users meet the conditions for compensation, land users shall be compensated for land when the State recovers land.

- Compensation is made by the allocation of land for the same use purpose with the type of land to be recovered. If there is no land for compensation, compensation shall be made in cash at the specific price of the land to be recovered by the People's Committee. Provincial people decide at the time of land recovery decision.

- The compensation when the State recovers land must be democratic, objective, fair, public, timely and in accordance with the law.

* Conditions for receiving compensation when the State recovers land for national defense or security purpose; for socio-economic development in the national or public interest:

Under the Article 75 of Land Law 2013 prescribed as follows:

1. Households and individuals using land which is not leased land with annual rental payment, having a certificate of land use rights, a certificate of ownership of houses and residential land use rights, or a certificate of land use rights and ownership of houses and other land-attached assets (below referred to as the certificate), or being eligible to be granted a certificate under this Law but not being granted that certificate yet, except the cases prescribed in Clause 2, Article 77 of this Law. Overseas Vietnamese who are eligible to own houses associated with land use rights in Vietnam and are granted a certificate of land use rights and ownership of houses and residential land use rights and other land-attached assets, or being eligible to be granted such certificate under this Law but not being granted that certificate yet.

2. Communities and religious institutions using land which is not allocated or leased land by the State and having a certificate, or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.

3. Overseas Vietnamese who are allocated land with land use levy by the State, or are leased land with full one-off rental payment for the entire lease period, or are transferred land use rights in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones, having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.

4. Organizations that are allocated land with land use levy by the State, or are leased land with full one-off rental payment for the entire lease period, or receive inherited land use rights, or are transferred land use rights for which the land use levy has been paid or the amount paid for the transfer does not originate from the state budget, having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.

5. Foreign organizations with diplomatic functions that are leased land by the State with full one-off rental payment for the entire lease period and having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.

6. Economic organizations, overseas Vietnamese and foreign-invested enterprises that are allocated by the State land with land use levy to implement investment projects for construction of houses for sale or for a combination of sale and rent, or are leased land with full one-off rental payment for the entire lease period, having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.

For more legal advice service in land and house, kindly call to land hotline from best law firm in Hanoi at 1900.599.979 for help.

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