Who decides the compensation amount when the State of Vietnam recovers land and people’s assets need to be moved? How much is the compensation for perennial trees when the State of Vietnam recovers the land?
How much is the compensation for perennial plants when the state recovers the land?
Pursuant to Article 90 of the 2013 Land Law of Vietnam, the compensation for perennial plants when the State recovers land is as follows:
Compensation for plants and livestock
1. In case the land expropriation by the State causes damage to plants, the compensation shall be made according to the following provisions:
a/ For annual crops, the compensation must be equal to the output value of the harvest. The output value of the harvest is the highest yield of the harvests in the preceding 3 years of the local main crop and the average price at the time of land expropriation;
b/ For perennial crops, the compensation must be equal to the current value of the planting area calculated in local prices at the time of the land expropriation, excluding the value of land use rights;
c/ For plants which have not been harvested yet but can be brought to another location, the transportation cost and the actual damage due to the transportation and re-planting must be compensated;
d/ For planted forests funded by the state budget and for natural forests allocated to organizations, households and individuals for planting, management, growing or protection, the value of the actual damage must be compensated. The compensation amount must be divided to those who manage, grow and protect the forests in accordance with the law on forest protection and development.
2. In case land expropriation by the State causes damage to aquatic livestock, the compensation must be made according to the following provisions:
a/ For aquatic livestock which are due to be harvested at the time of land expropriation, no compensation must be made;
b/ For aquatic livestock which are not due to be harvested at the time of land expropriation, the actual damage due to the early harvest must be compensated. In case the aquatic livestock can be brought to another location, the transportation cost and the damage caused by the transportation must be compensated. The specific compensation amount must be determined by provincial-level People’s Committees.
Thus, in case the land expropriation by the State causes damage to plants, the compensation shall be made according to the following provisions:
- For annual crops, the compensation must be equal to the output value of the harvest. The output value of the harvest is the highest yield of the harvests in the preceding 3 years of the local main crop and the average price at the time of land expropriation;
- For perennial crops, the compensation must be equal to the current value of the planting area calculated in local prices at the time of the land expropriation, excluding the value of land use rights;
- For plants which have not been harvested yet but can be brought to another location, the transportation cost and the actual damage due to the transportation and re-planting must be compensated;
- For planted forests funded by the state budget and for natural forests allocated to organizations, households and individuals for planting, management, growing or protection, the value of the actual damage must be compensated. The compensation amount must be divided to those who manage, grow and protect the forests in accordance with the law on forest protection and development.
Who decides the compensation amount when the State of Vietnam recovers land and people’s assets need to be moved? How much is the compensation for perennial trees when the State of Vietnam recovers the land?
Who decides the compensation amount when the State of Vietnam recovers land and people’s assets need to be moved?
According to the provisions of Clause 2, Article 91 of the 2013 Land Law of Vietnam stipulating the compensation amount when the State recovers land and people’s assets need to be moved as follows:
Compensation for transportation costs upon land expropriation by the State
1. Upon land expropriation by the State, people whose assets need to be moved shall be compensated for the cost of dismantlement, transportation and installation. In case of moving machinery or production lines, the damage caused during the process of dismantlement, transportation and installation must also be compensated.
2. Provincial-level People’s Committees shall prescribe the compensation amount mentioned in Clause 1 of this Article.
Thus, the provincial-level People’s Committees shall stipulate the compensation amount when the State recovers land and people’s assets need to be moved.
In what cases does the State recover land without compensation for land-attached assets?
Pursuant to Article 92 of the 2013 Land Law of Vietnam on cases ineligible for compensation for land-attached assets upon land expropriation by the State as follows:
- Land-attached assets falling into any of the cases of land expropriation specified at Points a, b, d, e, f and i, Clause 1, Article 64, and at Points b and d, Clause 1, Article 65 of of the 2013 Land Law of Vietnam.
- Land-attached assets which are illegally created or created after the notice of land expropriation by a competent state agency takes effect.
- Technical infrastructure, social infrastructure and other construction facilities which are no longer in use.
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