If the land is wasteland, will it be compensated when the land is expropriated in Vietnam?

If the land is wasteland, will it be compensated when the land is expropriated in Vietnam?

The land in my locality is in the land use plan and has been decided to expropriate, but many houses in my locality use wasteland. So the question is, when the expropriation is carried out, will the reclaimed land users be compensated?

Answer: In case the land being used does not belong to the public land fund of the commune, ward or town.

According to Clause 1, Article 75 of the 2013 Land Law, sHouseholds and individuals using land which is not leased land with annual rental payment, having a certificate of land use rights, a certificate of ownership of houses and residential land use rights, or a certificate of land use rights and ownership of houses and other land-attached assets (below referred to as the certificate), or being eligible to be granted a certificate under this Law but not being granted that certificate yet

Wasteland users who meet the conditions specified in Clause 1, Article 101 of the 2013 Land Law are granted Land Use Rights Certificates, specifically as follows:

- Have permanent residence in the locality and directly engage in agricultural production, forestry, aquaculture, and salt making in areas with difficult socio-economic conditions, areas with difficult socio-economic conditions or especially difficult socio-economic conditions => certified by the commune-level People’s Committee that the land has been used stably and dispute-free;

- No dispute.

Thus, people in your locality who are using wasteland and are eligible for a certificate will receive compensation when their land is expropriated.

*In case the land being used belongs to the public land fund of the commune, ward, town or does not meet the conditions for issuance of certificate.

When compensating for land, compensation will only be paid for investment costs in land in accordance with the land use limit prescribed by law in Vietnam.

If the land is wasteland, will it be compensated when the land is expropriated in Vietnam? (Image from the Internet)

Will the suspended project have land expropriated in Vietnam?

In my locality, there is a project "Unburnt brick factory" that was allocated land by the state in 2015. But this project only stopped leveling and surrounding construction. So will this project have land expropriated?

Answer: According to the provisions of Point i, Clause 1, Article 64 of the 2013 Land Law, it stipulates cases of land expropriation due to violations of the land law include:

"i/ Land that is allocated or leased for implementing investment projects is not used within 12 consecutive months, or the land use schedule is 24 months late compared with the schedule stated in the project documents since the hand-over in the field. In case of not putting the land into use, the land use term may be extended 24 months and the investors shall pay a sum of money equivalent to the total land use levy or land rental for the delayed period. If the investors still fail to put the land into use when the extended time is over, the State shall recover the land without compensation for land and land-attached assets, except due to force majeure."

Thus, if the project is 24 months behind the progress recorded in the investment project from the time the land is handed over on the ground, the land must be put into use, or the project owner does not have an extension or the extension period expires. If the project implementation deadline has not yet been put into use by the investor, the State will issue a decision to expropriate land for the project to which land is allocated in Vietnam.

Is there compensation for property relocation costs according to the land expropriation decision in Vietnam?

Hello, my land is planned to carry out a project. I recently received a decision to recover the land and it will be implemented in the near future. However, there are many large assets on the land that need to be relocated, so let me ask, according to current regulations, when I relocate these assets, will I be compensated by the state? Thanks for advice.

Answer: Pursuant to Article 91 of the 2013 Land Law stipulates:

1. Upon land expropriation by the State, people whose assets need to be moved shall be compensated for the cost of dismantlement, transportation and installation. In case of moving machinery or production lines, the damage caused during the process of dismantlement, transportation and installation must also be compensated.

Thus, according to the information you gave, there are many assets on the land that need to be relocated, so when you relocate according to the land expropriation decision, the state will compensate you for relocation costs, in addition, you will receive compensation. Usually add some other costs if any according to the above regulations in Vietnam.

Best regards!