Is the damage to the land recovered by the Vietnamese State compensated?

The State assigns land use rights to persons who want to use land.In some specific cases, the State will recover land, and at the same time, compensate for damage to houses and construction works on land in Vietnam when the State recovers land.

In case of compensation for damage to houses or construction works on land when the State recovers land in Vietnam

According to the provisions of the Land Law 2013, cases of being compensated for damage to houses in Vietnam or construction works on land when the State recovers land include:

- In case houses or works for living attached to land of households, individuals or Vietnamese residing abroad must be dismantled in whole or in part but the remaining part does not meet the technical standards as prescribed by law, the owners of such houses or works shall be compensated by the new construction value of the houses or works with equivalent technical standards.

- In case the rest of the houses and works still meet the technical standards as prescribed by law, compensation shall be made according to the actual damage.

- For houses or other construction works attached to land in Vietnam other than the cases mentioned above, if the State recovers the land but is dismantled in whole or in part but the rest does not meet the technical standards as prescribed by law, it shall be compensated for damage in accordance with the Government's regulations.

- In addition, for technical and social infrastructures attached to land in use other than the two cases mentioned above, the compensation shall be equivalent to the new construction value of the works with equivalent technical standards as prescribed by specialized laws.

In case of not being compensated for damage to houses or construction works in Vietnam on the land when the State recovers land

The cases in which the State is not entitled to compensation for land-attached assets are specified in Article 92 of the Land Law 2013. In Detail:

(1) Land-attached assets in Vietnam are not compensated in any of the following cases:

- Using land for improper purposes assigned, leased or recognized by the State and having been administratively sanctioned for acts of improper use of land but continuing to commit violations;

- Land users in Vietnam deliberately destroy land;

- Land is not transferred or donated in accordance with this Law but is transferred or donated;

- Land allocated for management by the State to be encroached upon in Vietnam;

- The land is not transferred under the provisions of this Law but the land user lacks responsibility to be encroached upon in Vietnam;

- Land allocated or leased by the State for the implementation of investment projects is not used for a period of 12 consecutive months or the land use progress is 24 months behind the progress recorded in the investment project since the handover of land in the field must be put into use; In case the land is not put into use, the investor is entitled to 24-month extension of land use and must pay the State the corresponding amount to the land use fee or land rent for the delayed implementation of the project during this period; After the expiration of the extended time limit, the investor in Vietnam has not yet put the land into use, the State shall recover the land without compensation for land and land-attached assets, except for force majeure.

Is the damage suffered when the State recovered land in Vietnam compensated? (Illustration)

(2) Land acquisition due to termination of land use according to law, voluntary return of land, risking human life in Vietnam.

Cases of land acquisition due to termination of land use according to law, voluntary return of land, risking human life include:

- Individuals in Vietnam who use land die without an heir;

- Land is allocated and leased for a limited time but not extended.

(3) Assets attached to land in Vietnam are created in contravention of the provisions of law or after the notification of land acquisition by a competent state agency.

(4) The technical infrastructure, social infrastructure and other construction works in Vietnam are no longer in use.

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