07:46 | 23/07/2024

Latest Land Law Regulations on Compensation for Damage to Crops and Livestock When the State Recovers Land: How Are They Handled?

The latest Land Law prescribes compensation for damages to crops and livestock when the State recovers land as follows: Question from Mr. K - Long An

How does the latest Land Law regulate compensation for damage to crops and livestock when the State expropriates land?

According to Clauses 1, 2, 3, 4, and 5 of Article 103 of the Land Law 2024 regarding compensation for crops and livestock, when the State expropriates land causing damage to crops, the compensation shall be implemented as follows:

- For annual crops:

The compensation amount is calculated based on the crop yield value for that particular plant.

The yield value is determined based on the highest productivity in the last three consecutive years for that crop type in the locality and the compensation unit price.

- For perennial crops:

The compensation is calculated based on the actual damage value of the garden.

For perennial crops that have multiple harvest cycles and are in the harvesting period, the compensation is calculated based on the unharvested garden yield for the remaining years in the harvest cycle and the compensation unit price.

- For unharvested crops that can be relocated to another site:

Compensation shall cover relocation costs and actual damage due to the need to relocate and replant.

- For forest trees planted with state budget funds, natural forest trees assigned to organizations, households, or individuals for planting, management, care, and protection:

Compensation shall be based on the actual damage value of the garden.

The compensation money is distributed to the managers, caretakers, and protectors as per the forestry law regulations.

*Note: When the State expropriates land causing damage to livestock such as aquaculture or other animals that cannot be relocated, compensation shall be made for the actual damage as per the specific compensation rate prescribed by the Provincial People's Committee;

The owners of crops and livestock as mentioned above may harvest the crops and livestock before handing over the land to the State.

How does the latest Land Law regulate compensation for damage to crops and livestock when the State expropriates land?

How does the latest Land Law regulate compensation for damage to crops and livestock when the State expropriates land? (Image from the Internet)

When is the timing for determining the compensation for damage to crops and livestock when the State expropriates land?

Based on the specific regulations in Article 103 of the Land Law 2024 regarding compensation for crops and livestock, it is understood that the compensation for crops and livestock is determined at the time of the land expropriation decision.

Additionally, Clause 6 of Article 103 of the Land Law 2024 states:

Compensation for crops and livestock

...

6. The Provincial People's Committee shall issue compensation unit prices for damage to crops and livestock according to production processes prescribed by the Ministry of Agriculture and Rural Development or by the locality as per legal regulations; the compensation unit prices for damage to crops and livestock prescribed in this Article must suit market prices and be reviewed for adjustment in case of fluctuations to serve as a basis for compensation calculations when land is expropriated.

Thus, the Provincial People's Committee must issue compensation unit prices for damage to crops and livestock according to production processes prescribed by the Ministry of Agriculture and Rural Development or by the locality as per legal regulations.

The compensation unit prices for damage to crops and livestock must align with market prices and be reviewed for adjustment when there are fluctuations to serve as a basis for compensation calculations when land is expropriated.

Does the State compensate for relocation costs of assets when land is expropriated?

According to Article 104 of the Land Law 2024 regarding compensation for relocation costs of assets when the State expropriates land, it is prescribed as follows:

Compensation for relocation costs of assets when the State expropriates land

1. When the State expropriates land and assets need to be relocated, the State shall compensate the costs for dismantling, relocating, and reinstalling; for the relocation of machinery systems or production lines, compensation shall also cover damage incurred during dismantling, transporting, and reinstalling.

2. The Provincial People's Committee shall stipulate the compensation rate mentioned in Clause 1 of this Article.

Thus, if assets need to be relocated when the State expropriates land, the State shall compensate the costs for dismantling, relocating, and reinstalling.

If machinery systems or production lines need to be relocated, compensation shall also cover damage incurred during dismantling, transporting, and reinstalling.

The compensation rate will be stipulated by the Provincial People's Committee.

Will people be compensated if they plant additional trees after receiving a land expropriation notice?

According to Clause 2, Article 105 of the Land Law 2024, it is stipulated as follows:

Cases where assets attached to land are not compensated when the State expropriates land

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2. Assets attached to land created in violation of legal regulations or created during the validity period of a land expropriation notice issued by a competent state authority as per this Law.

From this, if people plant additional trees after receiving a land expropriation notice, those additional plants will not be compensated as they are considered assets attached to land created during the validity period of the land expropriation notice.

Land Law 2024 will take effect from January 1, 2025. However, Articles 190 and 248 of the Land Law 2024 will come into force from April 1, 2024.

Recently, aiming to expedite the application of the Land Law 2024 compared to the planned schedule, 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 Land Law 2024 to take effect from July 1, 2024.

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