I am a household whose land is about to be acquired in Dak Lak province. May I ask, what is the policy on compensation for damage to houses and other construction works attached to land when the state recovers land in Dak Lak province today? Thank you!!
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What are the legal provisions on compensation for damage to houses and construction works on land when the State recovers land?
Pursuant to Article 89 of the 2013 Land Law, which stipulates as follows:
"Article 89. Compensation for damage to houses and constructions on land when the State recovers land
1. For houses and works in service of daily life attached to land of households, individuals and overseas Vietnamese, when the State recovers the land, the land must be dismantled in whole or in part, but the remaining part must be dismantled in whole or in part. If the house or work fails to meet technical standards as prescribed by law, the owner of such house or work shall be compensated with the value of new construction of the house or work with equivalent technical standards.
In case the rest of the house or work still meets the technical standards as prescribed by law, compensation shall be made according to the actual damage.
2. For houses and other construction works attached to land that do not fall into the cases specified in Clause 1 of this Article, when the State recovers the land, it is dismantled in whole or in part, but the remaining part does not meet the standards of the State. technical standards as prescribed by law, they will be compensated for damage according to the Government's regulations.
3. For existing land-attached technical and social infrastructure works that do not fall into the cases specified in Clauses 1 and 2 of this Article, the compensation level shall be equal to the new construction value of the work. have equivalent technical standards as prescribed by specialized laws."
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Compensation for damage to houses and construction works attached to land when the State recovers land in Dak Lak province in Vietnam
How is the compensation for damage to houses and other construction works attached to land when the State recovers land in Dak Lak province?
Pursuant to Article 14 of the Regulation promulgated together with Decision 24/2022/QD-UBND of the People's Committee of Dak Lak province, which stipulates as follows:
- For houses and works in service of daily life attached to land of households, individuals and overseas Vietnamese, when the State recovers the land, they must completely dismantle or dismantle part of it. If the rest do not meet technical standards as prescribed by law, the owner of such house or work shall be compensated with the new construction value of the house or work with equivalent technical standards at the unit price. New construction house issued by the Provincial People's Committee at the time of withdrawal.
In case the rest of the house or work still meets the technical standards as prescribed by law, compensation for the value of the demolished work shall be made according to the unit price of the newly built house promulgated by the People's Committee of the province. at the time of recovery and compensation for the cost to repair and complete the rest according to equivalent technical standards of the house or work before being demolished.
- For houses and other construction works attached to land that are not houses serving daily-life activities for households and individuals, when the State recovers the land, it is completely or partially dismantled but the rest is not. If the technical standards are met according to regulations and the use of the law, the compensation shall be considered as follows:
+ For houses and works with residual value of 80% or more, compensation shall be equal to 100% of new construction value of houses or works with technical standards equivalent to damaged houses or works according to regulations of law. unit prices of new constructions shall be prescribed by the provincial People's Committees.
+ For houses and works with residual value less than 80%, the compensation level is calculated by the existing value of the house, works and is supported with 20% of the new construction value of the house, works with technical standards equivalent to damaged houses or works according to the construction prices prescribed by the Provincial People's Committee.
Khanh Linh
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