According to Article 98 of the Land Law 2024, which subjects are eligible for land-related recompense when the State expropriates homestead land in Vietnam?
According to Article 98 of the Land Law 2024, which subjects are eligible for land-related recompense when the State expropriates homestead land in Vietnam?
Article 98 of the Land Law 2024 provides for land-related recompense when the State expropriates homestead land in Vietnam as follows:
Land-related recompense when the State expropriates homestead land
1. Households, individuals, overseas Vietnamese, and economic organizations currently using homestead land and owning houses attached to the land use rights in Vietnam, when the State recovers the land, if eligible for compensation as stipulated in Article 95 of this Law, shall be compensated with homestead land or housing or money or land with a different use purpose than the recovered land.
2. Economic organizations, overseas Vietnamese, and foreign-invested economic organizations using land for implementing housing construction investment projects, when the State recovers the land, if eligible for compensation as stipulated in Article 95 of this Law, shall be compensated with money or land.
3. The Government of Vietnam shall provide detailed provisions for this Article.
Article 98 of the Land Law 2024 stipulates that when the State recovers homestead land, the following entities, if eligible, shall be compensated for land:
- Households, individuals
- Overseas Vietnamese
- Economic organizations.
According to Article 98 of the Land Law 2024, which subjects are eligible for land-related recompense when the State expropriates homestead land in Vietnam? (Internet image)
According to the Land Law 2024, is it true that there will be 2 additional form of land-related recompense when the State expropriates homestead land in Vietnam?
Clause 2 of Article 91 of the Land Law 2024 stipulates the rules of land-related recompense when the State expropriates homestead land as follows:
Rules for recompense, support and resettlement upon land expropriation by the State
1. Compensation, support, and resettlement when the State recovers land must ensure democracy, objectivity, fairness, transparency, promptness, and conformity with the law; for the common interest of the community and for the sustainable, civilized, and modern development of the community and locality; attention to social policy beneficiaries and those directly engaged in agricultural production.
2. land-related recompense is performed by allocating land with the same use purpose as the recovered land. If no land is available for compensation, monetary compensation shall be given based on the specific land price of the recovered land type, decided by the competent People's Committee at the time of approving the compensation, support, and resettlement plan. In cases where the land user whose land is recovered is compensated with land or housing but prefers monetary compensation, they shall be compensated with money according to the registered preference during the preparation of compensation, support, and resettlement plan.
For those whose land is recovered, if there is a need and the locality has conditions for land and housing funds, they can be considered for compensation with land for a different use purpose than the recovered land or housing.
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Thus, as of August 1, 2024, land-related recompense includes the following methods:
(1) Allocating land with the same use purpose as the recovered land
(2) Monetary compensation based on the specific land price of the recovered land type decided by the competent People's Committee at the time of approving the compensation plan (if no land is available for compensation)
(3) Compensation with land for a different use purpose than the recovered land
(4) Compensation with housing.
Prior regulations on land-related recompense as per Clause 2 of Article 74 of the Land Law 2013 (expired) provided for two forms:
| (1) Allocating land with the same use purpose as the recovered land (2) Monetary compensation based on the specific land price (if no land is available for compensation) |
The newly effective Land Law 2024 supplements two additional forms of land-related recompense:
- Compensation with land for a different use purpose than the recovered land
- Compensation with housing.
What is the time limit for payment of recompense for holder of the expropriated land in Vietnam under the Land Law 2024?
Clause 3 of Article 94 of the Land Law 2024 provides for the budgets for and payment of recompense, support and resettlement in Vietnam as follows:
Budgets for and payment of recompense, support and resettlement
1. Compensation, support, and resettlement funding shall be guaranteed by the State. Compensation, support, and resettlement funding includes: compensation, support, and resettlement allowances; costs ensuring the organization of compensation, support, and resettlement implementation and other costs.
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3. Payment of compensation, support, and resettlement allowances shall be performed as follows:
a) Within 30 days from the effective date of the compensation, support, and resettlement plan approval decision by the competent state agency, the agency, unit, or organization responsible for compensation must make the payment to the persons whose land is recovered and property owners;
b) If the agency, unit, or organization responsible for compensation delays payment, in addition to the compensation and support amount as per the approved compensation, support, and resettlement plan, the persons whose land is recovered and property owners shall receive an additional amount equivalent to the late payment interest as regulated by the Tax Administration Law, calculated on the delayed amount and duration.
The competent authority approving the compensation, support, and resettlement plan is responsible for approving the payment of delayed compensation for the persons whose land is recovered and property owners. The funding for delayed compensation payment is sourced from the budget of the approving level of the compensation, support, and resettlement plan.
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Thus, according to the above regulations, within 30 days from the effective date of the compensation, support, and resettlement plan approval decision by the competent state agency, the compensation must be paid to the persons whose land is recovered and property owners.
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