Do land users receive recompense when they voluntarily returns land in Vietnam?
Do land users receive recompense when they voluntarily returns land in Vietnam?
According to Article 101 of the Land Law 2024 on cases of ineligibility for land-related recompense when the State expropriates land in Vietnam
Article 101. Cases of ineligibility for land-related recompense when the State expropriates land
- The cases specified in Clause 1, Article 107 of this Law.
- Land managed by State agencies and organizations as specified in Article 217 of this Law.
- Land recovered in the cases specified in Article 81, Clauses 1 and 2, Article 82 of this Law.
- Cases where conditions for the issuance of the Certificate of land use rights and ownership of property attached to land are not met according to the provisions of this Law, except for cases specified in Clause 3, Article 96 of this Law.
According to Clause 2, Article 82 of the Land Law 2024, regulating the land expropriation due to termination of land use according to law, voluntary return of land, risks of threatening human life, inability to continue using land in Vietnam:
Article 82. Land expropriation due to termination of land use according to law, voluntary return of land, risks of threatening human life, inability to continue using land
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- Land users reduce or no longer have a need to use the land and voluntarily submit an application to return the land.
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According to the above regulations, if the land user no longer has a need to use the land and voluntarily submits an application to return the land, the State will recover the land and no recompense for the land will be provided.
Do land users receive recompense when they voluntarily returns land in Vietnam? (Image from the Internet)
What Are the General Rights of Land Users in Vietnam?
According to Article 26 of the Land Law 2024 on the general rights of land users in Vietnam:
Article 26. General rights of land users
- To be issued a Certificate of land use rights and ownership of property attached to land if they meet the conditions as prescribed by the land law.
- To enjoy the fruits of labor, the results of investment on lawfully used land.
- To benefit from State investments in the protection, improvement, and development of agricultural land.
- To be guided and assisted by the State in the improvement and restoration of agricultural land.
- To be protected by the State when others infringe upon their lawful land use rights and interests.
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Therefore, the general rights of land users in Vietnam are as follows:
- To be issued a Certificate of land use rights and ownership of property attached to land if they meet the conditions as prescribed by the land law.
- To enjoy the fruits of labor, the results of investment on lawfully used land.
- To benefit from State investments in the protection, improvement, and development of agricultural land.
- To be guided and assisted by the State in the improvement and restoration of agricultural land.
- To be protected by the State when others infringe upon their lawful land use rights and interests.
- To convert the purpose of land use according to the provisions of this Law and other relevant laws.
- To be compensated, supported, and resettled when the State recovers the land according to regulations.
- To file complaints, denunciations, and initiate lawsuits about violations of their lawful land use rights and other violations of land law.
Will there be recompense for property on land that is voluntarily returned in Vietnam?
According to Clause 4, Article 35 of the Decree 102/2024/ND-CP, regulating the handling of property attached to land in cases of land expropriation specified in Points a, d, and dd of Clauses 1 and 2, Article 82 of the Land Law:
Article 35. Handling of property attached to land in cases of land expropriation specified in Points a, d, and dd of Clauses 1 and 2, Article 82 of the Land Law
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- For cases where land users reduce or no longer have a need to use the land and voluntarily submit an application to return the land as specified in Clause 2, Article 82 of the Land Law, the competent People's Committee to recover the land will consider returning the value of the property attached to the land if they find that the land expropriation is necessary and does not harm the interests of the State and public order, and the land user has submitted a request for the State to return the value of the property attached to the land. The competent People's Committee for land expropriation will establish a Valuation Council to determine the remaining value of the property and compensate the land returner.
Therefore, when land users voluntarily return land, the competent People's Committee will consider returning the value of property on the land if the land expropriation meets two conditions:
- The land expropriation is necessary and does not harm the interests of the State, public order.
- The land user has submitted a request for the State to return the value of the property attached to the land.
