Land Law 2024 stipulates the conditions for land compensation when the State recovers land for national defense and security purposes
Land Law 2024 stipulates conditions for land compensation when the State recovers land for defense and security purposes?
Article 95 of the Land Law 2024 stipulates the cases eligible for land compensation when the State recovers land for defense and security purposes, including:
- Households and individuals using land that is not leased with annual land rent payment.
- Community using land with structures like pagodas, communal houses, temples, shrines, family churches, and other places of worship; agricultural land as stipulated in Clause 4, Article 178 of the Land Law 2024 and that land is not disputed, confirmed by the People's Committee of the commune where the land is located as community use land.
- Overseas Vietnamese as defined in Clause 1, Article 44 of the Land Law 2024.
- Religious organizations and affiliated religious organizations permitted to operate by the State using land that is not allotted or leased by the State; not land acquired through transfer or donation from July 1, 2004, onwards.
- Overseas Vietnamese allocated land by the State with land levy, or leased land with one-time land rent payment for the entire lease term; acquiring land use rights in industrial zones, industrial clusters, high-tech parks, economic zones.
- Organizations allocated land by the State with land levy, or leased land with one-time land rent payment for the entire lease term; inheriting land use rights, acquiring transferred land use rights, contributing capital with land use rights.
- Foreign organizations with diplomatic functions leased land by the State with one-time land rent payment for the entire lease term.
- Economic organizations, overseas Vietnamese, economic organizations with foreign investment capital allocated land by the State with land levy to implement housing projects for sale or for sale combined with lease; leased land with one-time land rent payment for the entire lease term.
Cases specified in Clause 1, Article 95 of the Land Law 2024 are eligible for land compensation if one of the following conditions is met:
- Having a Certificate of Land Use Rights, or Certificate of Housing Ownership and Residential Land Use Rights, or Certificate of Land Use Rights, Housing Ownership, and Other Assets Attached to Land, or Certificate of Land Use Rights, Ownership of Assets Attached to Land.
- Having a land allocation decision, land lease decision, or decision allowing land use purpose change from a competent state agency.
- Having one of the documents on land use rights serving as a basis for issuing the Certificate of Land Use Rights, Ownership of Assets Attached to Land according to Article 137 of the Land Law 2024.
- Acquiring land use rights as per legal regulations from a lawful land user but without completing land registration procedures.
- Using land based on an agreement in a mortgage contract to settle debts; documents recognizing the results of land use rights auction where the auction winner has fulfilled financial obligations according to law.
Land Law 2024 stipulates conditions for land compensation when the State recovers land for defense and security purposes (Image from the Internet)
When does the Land Law 2024 officially apply? Who are the subjects of application of the Land Law 2024?
Clause 1, Article 252 of the Land Law 2024 stipulates the effective date as follows:
Effective Date
This Law takes effect from January 1, 2025, except for cases specified in Clauses 2 and 3 of this Article.
...
Thus, after the Land Law 2024 was passed in an extraordinary session of the National Assembly on January 15, 2024. The revised Land Law is expected to be effective from January 1, 2025, except for cases specified in Clauses 2 and 3, Article 252 of the Land Law 2024.
Recently, with the desire to implement the Land Law 2024 earlier than planned, on March 26, 2024, the Prime Minister of the Government of Vietnam issued Official Dispatch 202/TTg-NN, proposing to the National Assembly to allow the Land Law 2024 to take effect from July 1, 2024.
Subjects of application of the Land Law 2024 include:
- State agencies exercising authority and responsibility for representing the entire people's ownership of land, performing unified state management of land.
- Land users.
- Other entities involved in land management and use.
Cases of land recovery for defense and security purposes under current regulations?
Article 61 of the Land Law 2013 stipulates cases where the State recovers land for defense and security purposes as follows:
(1) Making military bases, work offices
(2) Building military headquarters
(3) Constructing national defense works, battlefields, and special defense and security projects
(4) Building military stations and ports
(5) Constructing industrial, scientific, technological, cultural, and sports works directly serving defense and security
(6) Building warehouses for the People's Armed Forces
(7) Making shooting ranges, training grounds, weapon testing grounds, weapon destruction grounds
(8) Building training facilities, training centers, hospitals, sanatoriums for the People's Armed Forces
(9) Constructing housing for the People's Armed Forces
(10) Building detention facilities, educational facilities managed by the Ministry of National Defense and the Ministry of Public Security.
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