Compensation Regulations for Commercial Land

I have a coastal land area, 1148 m² in size, with 3 plots permissible for construction: 2 plots of 250 m² each and 1 plot of 80 m². On one of the 250 m² plots, I have built a small hotel. The remaining land is orchard land. Currently, there is a large corporation that wants to lease land from the province for a tourism area, including my land plot. As I understand, the state, specifically the Provincial/District People's Committee, will intervene in compensation and clearance if no agreement is reached between the investor and the populace, and may enforce these measures. What if I do not want to relocate? If compensation is provided, what are the regulations for compensating a business establishment? The hotel business heavily depends on the location of the establishment. Thank you.

According to the provisions in Article 74 of Land Law 2013 regarding the principles of compensation for land when the State recovers land as follows:

- Land users, when the State recovers land, if they meet the conditions for compensation prescribed in Article 75 of this Law, they shall be compensated.

- Compensation is implemented by allocating land with the same use purpose as the recovered land. If there is no land for compensation, compensation shall be made in money according to the specific land price of the recovered land type decided by the Provincial People's Committee at the time of the recovery decision.

- Compensation when the State recovers land must ensure democracy, objectivity, fairness, transparency, promptness, and conformity with the law.

=> Therefore, if your family does not comply with the recovery decisions, dismantling the construction, then coercion will be applied according to regulations. The state will compensate by allocating your family an area of land with the same use purpose as commercial service land within the same locality. So if the land your family receives is not suitable for hotel business, you may apply for a change of location to facilitate business. If the locality does not have any other suitable location, you may request compensation in money to purchase other land parcels with equivalent area for business purposes. In addition to land compensation, you will also be compensated for assets on the land and supported in relocation, etc.

Respectfully!

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