Who is responsible for determining the level of compensation for damage caused by land requisition in Vietnam?
- Who are the members of the council for determination of level of compensation for damage caused by land requisition in Vietnam?
- How to conduct compensation for damage caused by land requisition in Vietnam?
- Who is responsible for determining the level of compensation for damage caused by land requisition in Vietnam?
Who are the members of the council for determination of level of compensation for damage caused by land requisition in Vietnam?
Pursuant to Clause 4, Article 67 of Decree 43/2014/ND-CP stipulating the council for determination of level of compensation for damage caused by land requisition as follows:
Detailed provisions on order and procedures for land requisition
...
4. A council for determination of level of compensation for damage caused by land requisition shall be composed of:
a/ The chairperson or a vice chairperson of the People’s Committee as its head;
b/ Members from the natural resources and environment and finance agencies and other related members;
c/ Representative of the agency of the person competent to issue the land requisition decision;
d/ Representatives of the district-level People’s Court and People’s Procuracy of the locality where the land is located;
dd/ Members being representatives of the commune-level Vietnam Fatherland Front;
e/ Representative of the person having the requisitioned land.
Thus, the council for determination of level of compensation for damage caused by land requisition shall be composed of:
- The chairperson or a vice chairperson of the People’s Committee as its head;
- Members from the natural resources and environment and finance agencies and other related members;
- Representative of the agency of the person competent to issue the land requisition decision;
- Representatives of the district-level People’s Court and People’s Procuracy of the locality where the land is located;
- Members being representatives of the commune-level Vietnam Fatherland Front;
- Representative of the person having the requisitioned land.
Who is responsible for determining the level of compensation for damage caused by land requisition in Vietnam? (Image from the Internet)
How to conduct compensation for damage caused by land requisition in Vietnam?
Regarding this issue, Clause 7, Article 72 of the 2013 Land Law of Vietnam provides as follows:
Land requisition
...
7. The compensation for damage caused by land requisition is prescribed as follows:
a/ The person whose land is requisitioned is entitled to compensation in case the requisitioned land is destroyed or his/her income is lost as a direct consequence of the land requisition;
b/ If the requisitioned land is destroyed, the compensation must be made in money, based on the price of land use rights transferred in the market at the payment time;
c/ If the person whose land is requisitioned loses income as a direct consequence of the land requisition, the compensation must be determined based on the actual loss of income from the hand-over date to the returning date of the requisitioned land which is indicated in the decision on return of the requisitioned land.
The amount of actual loss of income must be consistent with the income incurred from the requisitioned land in normal conditions prior to the requisition.
d/ The chairperson of the provincial- or district-level People’s Committee of the locality shall form a council to determine the level of compensation for damage caused by the land requisition based on the written declarations of the land users and cadastral records. Based on the level of compensation determined by the council, the chairperson of the provincial- or district-level People’s Committee shall decide on the compensation;
e/ Compensation for damage caused by land requisition must be paid from the state budget in one-off payment and directly to the person whose land is requisitioned within 30 days from the returning date.
Thus, compensation for damage caused by land requisition is prescribed as follows:
- The person whose land is requisitioned is entitled to compensation in case the requisitioned land is destroyed or his/her income is lost as a direct consequence of the land requisition;
- If the requisitioned land is destroyed, the compensation must be made in money, based on the price of land use rights transferred in the market at the payment time;
- If the person whose land is requisitioned loses income as a direct consequence of the land requisition, the compensation must be determined based on the actual loss of income from the hand-over date to the returning date of the requisitioned land which is indicated in the decision on return of the requisitioned land.
The amount of actual loss of income must be consistent with the income incurred from the requisitioned land in normal conditions prior to the requisition.
- The chairperson of the provincial- or district-level People’s Committee of the locality shall form a council to determine the level of compensation for damage caused by the land requisition based on the written declarations of the land users and cadastral records. Based on the level of compensation determined by the council, the chairperson of the provincial- or district-level People’s Committee shall decide on the compensation;
- Compensation for damage caused by land requisition must be paid from the state budget in one-off payment and directly to the person whose land is requisitioned within 30 days from the returning date.
Who is responsible for determining the level of compensation for damage caused by land requisition in Vietnam?
According to the provisions of Point d, Clause 7, Article 72 of the 2013 Land Law of Vietnam and Clause 3, Article 67 of Decree 43/2014/ND-CP, the persons responsible for determining the compensation level for damage caused by land requisition include:
- The chairperson of the provincial- or district-level People’s Committee of the locality shall form a council to determine the level of compensation for damage caused by the land requisition.
- The chairperson of the provincial-level People’s Committee of the locality where the requisitioned land is located shall determine the level of compensation for damage caused by land requisition in case the requisitioned land is within the administrative boundaries of different district-level administrative units.
LawNet
