Compensation Costs for Moving Assets When the State Recovers Land: Guidance According to the Land Law 2024
What are the guidelines for compensation costs for moving property when the state recovers land as guided by the Land Law 2024?
Article 104 of the Land Law 2024 provides guidelines on compensation costs for moving property when the state recovers land as follows:
- When the state recovers land requiring the moving of property, the state compensates for the costs of dismantling, moving, and installing; in the case of relocating machinery systems or production lines, compensation is also provided for damages during dismantling, transporting, and installing.
- The provincial People's Committee stipulates the compensation rates mentioned in Clause 1, Article 104 of the Land Law 2024.
Comparing with Article 91 of the Land Law 2013 which regulates the compensation costs for moving property when the state recovers land as follows:
Compensation costs for moving property when the state recovers land
1. When the state recovers land requiring the moving of property, the state compensates for the costs of dismantling, moving, and installing; in the case of relocating machinery systems or production lines, compensation is also provided for damages during dismantling, transporting, and installing.
2. The provincial People's Committee stipulates the compensation rates mentioned in Clause 1 of this Article.
Thus, compared to the Land Law 2013, the compensation costs for moving property when the state recovers land remain unchanged.
What are the guidelines for compensation costs for moving property when the state recovers land as guided by the Land Law 2024? (Image from the Internet)
Will there be an addition of 2 more types of compensation for people whose land is recovered from May 01, 2024?
Clause 2, Article 91 of the Land Law 2024 stipulates the compensation principles for people whose land is recovered as follows:
Principles of compensation, support, and resettlement when the state recovers land
1. The compensation, support, and resettlement when the state recovers land must be democratic, objective, fair, public, transparent, prompt, and in accordance with the law; for the common benefit of the community and sustainable, civilized, and modern development of the community and locality; paying attention to social policy subjects and those directly involved in agricultural production.
2. Land compensation is carried out by allocating land with the same intended use as the recovered land. In case there is no land for compensation, compensation is made in cash according to the specific land price of the recovered land decided by the competent People's Committee at the time of approving the compensation, support, and resettlement plan. If those with recovered land to be compensated by land or house wish to be compensated in cash, they are compensated in cash as per the registered wish when making the compensation, support, and resettlement plan.
For those with recovered land, if they wish and the locality has conditions for land and housing funds, they can consider compensation by land with a different intended use from the recovered land or by housing.
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Thus, the compensation methods from January 01, 2025, include the following:
(1) Allocating land with the same intended use as the recovered land
(2) Compensating in cash according to the specific land price of the recovered land decided by the competent People's Committee at the time of approving the compensation plan (if there is no land for compensation)
(3) Compensating by land with a different intended use from the recovered land
(4) Compensating by housing.
Compensation for land according to the provisions of Clause 2, Article 74 of the Land Law 2013 currently includes two methods:
| (1) Allocating land with the same intended use as the recovered land
(2) Compensating in cash according to the specific land price (if there is no land for compensation) || --- |
From January 01, 2025, when the Land Law 2024 takes effect, two more land compensation methods are added:
- Compensating by land with a different intended use from the recovered land
- Compensating by housing.
When will the Land Law 2024 take official effect?
Clause 1, Article 252 of the Land Law 2024 stipulates the effective date as follows:
Effective date
This Law takes effect from January 01, 2025, except as provided in Clauses 2 and 3 of this Article.
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Thus, after passing the Land Law 2024 in an extraordinary session of the National Assembly on January 15, 2024, the revised Land Law is expected to take effect from January 01, 2025, except for the provisions in Clauses 2 and 3, Article 252 of the Land Law 2024.
Recently, in an effort to implement the Land Law 2024 earlier than scheduled, on March 26, 2024, the Prime Minister of the Government of Vietnam issued Official Dispatch 202/TTg-NN proposing that the National Assembly allows the Land Law 2024 to take effect from July 01, 2024.
The subjects to whom the Land Law 2024 applies include:
- State agencies that exercise the authority and responsibility of representing the ownership of the people over land, unitedly managing the state over land.
- Land users.
- Other subjects related to land management and use.
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