Vietnam: Is it possible to plant crops to be compensated after knowing the information about land acquisition?
If the state acquires land, will the crops be compensated in Vietnam?
According to the provisions of Clause 1, Article 90 of the 2013 Land Law of Vietnam on this content as follows:
Article 90. 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.
Thus, when the State confiscates land that causes damage to crops, the compensation shall comply with 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.
Vietnam: Is it possible to plant crops to be compensated after knowing the information about land acquisition?
After knowing the information about land acquisition, is it possible to plant crops to be compensated in Vietnam?
Pursuant to Clause 2, Article 92 of the 2013 Land Law of Vietnam, the cases in which the State recovers land without compensation for assets attached to land are as follows:
Article 92. Cases ineligible for compensation for land-attached assets upon land expropriation by the State
1. 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 this Law.
2. Land-attached assets which are illegally created or created after the notice of land expropriation by a competent state agency takes effect.
3. Technical infrastructure, social infrastructure and other construction facilities which are no longer in use.
Thus, in case of planting crops after the notice of land acquisition, no compensation will be paid.
Which agency has the authority to acquire land in Vietnam?
According to the provisions of Article 66 of the 2013 Land Law of Vietnam on land acquisition authority as follows:
Article 66. Competence to recover land
1. Provincial-level People’s Committee may decide on land expropriation in the following cases:
a/ Recovery of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case prescribed at Point b, Clause 2 of this Article;
b/ Recovery of agricultural land which is part of the public land funds of communes, wards or townships.
2. District-level People’s Committees may decide on land expropriation in the following cases:
a/ Recovery of land from households, individuals and communities;
b/ Recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam.
3. In case both subjects prescribed in Clauses 1 and 2 of this Article exist in one expropriated area, the provincial-level People’s Committee shall decide on the land expropriation or authorize district-level People’s Committees to decide on the land expropriation.
Thus, regarding the competence to recover land, the People's Committee is the competent agency to decide on land acquisition.
Depending on each case, district-level People's Committees and provincial-level People's Committees shall make decisions on land acquisition, specifically:
(1) Provincial-level People’s Committee may decide on land expropriation in the following cases:
- Recovery of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case prescribed at Point b, Clause 2 of this Article;
- Recovery of agricultural land which is part of the public land funds of communes, wards or townships.
(2) District-level People’s Committees may decide on land expropriation in the following cases:
- Recovery of land from households, individuals and communities;
- Recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam.
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