Does the State's Land Reclamation Causing Damage to Crops Qualify for Compensation?
Does the State compensate for damages to crops when land is expropriated?
Based on Clause 1, Article 90 of the 2013 Land Law, which stipulates compensation for crops and livestock.
To be specific:
- When the State expropriates land and causes damage to crops, compensation is implemented according to the following provisions:
a) For annual crops, the compensation amount is calculated based on the value of the harvest yield. The value of the harvest yield is calculated according to the highest productivity of the main crop in the locality within the previous 3 consecutive years and the average price at the time of land expropriation;
b) For perennial crops, the compensation amount is calculated based on the existing value of the crop garden according to the local price at the time of land expropriation, excluding the value of land use rights;
c) For unharvested crops that can be relocated to another location, compensation includes relocation costs and actual damage due to having to relocate and replant;
d) For forest trees planted with State budget funds and natural forest trees assigned to organizations, households, and individuals for planting, management, care, and protection, compensation is based on the actual damage value of the tree garden; the compensation amount is distributed to the managers, caretakers, and protectors according to the provisions of the law on forest protection and development.
Therefore, with the above provisions, when the State proceeds to expropriate land affecting your perennial crops, you are eligible for compensation by the State.
What is the compensation rate for damage to crops due to land expropriation?
In Section I.1, Appendix IV, issued together with Decision 38/2019/QD-UBND of Binh Duong Province on compensation rates for crops, it is stipulated as follows:
| No. | Category | Unit Price |
|---|---|---|
| I | Industrial crops group | **** |
| 1 | Rubber trees (maximum density of 555 trees/hectare) | |
| - Under 1 year old | 114,000 VND/tree | |
| - From 1 year to 2 years old | 171,000 VND/tree | |
| - Over 2 years to 5 years old | 285,000 VND/tree | |
| - Over 5 years to 10 years old | 399,000 VND/tree | |
| - Over 10 years to 20 years old | 479,000 VND/tree | |
| - Over 20 years old | 285,000 VND/tree |
If you have planted rubber trees for 3 years on land that is being expropriated by the State, you will be compensated at a rate of 285,000 VND per tree.
Sincerely!
