Am I compensated for perennial crops when the state expropriates planning land in Vietnam? What is compensation for a house located on expropriated land in Vietnam?
Am I compensated for perennial crops when the state expropriates planning land in Vietnam? What is compensation for a house located on expropriated land in Vietnam?
I have a house and a garden on land that was planned to be expropriated. I would like to ask if my tree is a perennial tree, will I receive any compensation? Can my house also be compensated?
Am I compensated for perennial crops when the state expropriates planning land in Vietnam?
Pursuant to Article 90 of the 2013 Land Law, regulations on compensation for plants and livestock are as follows:
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.
2. In case land expropriation by the State causes damage to aquatic livestock, the compensation must be made according to the following provisions:
a/ For aquatic livestock which are due to be harvested at the time of land expropriation, no compensation must be made;
b/ For aquatic livestock which are not due to be harvested at the time of land expropriation, the actual damage due to the early harvest must be compensated. In case the aquatic livestock can be brought to another location, the transportation cost and the damage caused by the transportation must be compensated. The specific compensation amount must be determined by provincial-level People’s Committees.
Thus, according to current regulations in Vietnam, compensation for perennial crops will be calculated by the current value of the garden according to local prices at the time of land expropriation.
Am I compensated for perennial crops when the state expropriates planning land in Vietnam? What is compensation for a house located on expropriated land in Vietnam? (Image from the Internet)
What is compensation for a house located on expropriated land in Vietnam?
In addition, Article 89 of the 2013 Land Law stipulates compensation for damage to houses and construction facilities on land upon the land expropriation by the State as follows:
1. For houses and land-attached residential construction facilities of households, individuals or overseas Vietnamese which are wholly or partially dismantled upon land expropriation by the State while the remaining part does not meet technical standards as prescribed by law, their owners are entitled to compensation equivalent to the value of new houses and construction facilities with equivalent technical standards.
If the remaining part of the houses and construction facilities still meets the technical standards as prescribed by law, the compensation must be made based on the actual damage.
2. For houses and other land-attached construction facilities not falling into the case specified in Clause 1 of this Article, which are wholly or partially dismantled upon land expropriation by the State while the remaining part does not meet technical standards as prescribed by law, their owners are entitled to compensation for the damage in accordance with the Government’s regulations.
3. For land-attached technical infrastructure and social infrastructure cuưently in use and not falling into the cases specified in Clauses 1 and 2 of this Article, the compensation amount is equivalent to the value of new construction facilities with equivalent technical standards prescribed by specialized law.
According to this Article, in case your house is completely or partially dismantled and the remaining part does not meet technical standards as prescribed by law in Vietnam, you will be compensated for damages according to Government regulations.
Best regards!
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