In what cases can I be compensated for investment costs on land in Vietnam?

In what cases can I be compensated for investment costs on land in Vietnam?

According to the law on land, what are cases when the state recovers land without compensation but in return is compensated for investment costs on land due to the efforts of individuals and organizations? Please answer.

Answer: Pursuant to Clause 1, Article 76 of the Land Law 2013 stipulates as follows:

1. Cases that are not eligible for compensation for land but are eligible for compensation for the remaining investment costs on land when the State recovers the land include:

a/ Land which is allocated by the State without land use levy, except the cases in which agricultural land is allocated to households and individuals as prescribed in Clause 1, Article 54 of this Law;

b/ Land which is allocated with land use levy by the State to organizations but those organizations are exempted from land use levy;

c/ Land which is leased by the State with annual rental payment or leased land with full one- off rental payment for the entire lease period but the land rental is exempted, for cases in which households and individuals use land under the policies for people with meritorious services to the revolution;

d/ Agricultural land belonging to the public land fund of the communes, wards or townships;

e/ Contracted land for agriculture, forestry, aquaculture or salt production.

Above are cases where the state is compensated for investment costs on land in Vietnam.

In what cases can I be compensated for investment costs on land in Vietnam? (Image from the Internet)

If land use is stable but does not have documents, will I receive support when it is revoked in Vietnam?

I had an area of ​​land of nearly 600m2 revoked. The land has not yet been granted a land use right certificate, but my family has been farming and building a house stably since 2000. The house is solidly built, on the land there are fish ponds and a number of buildings and some other crops. The recovered area includes houses. So will my family receive any compensation or support? Support level?

Answer: According to the provisions of Clause 1, Article 75 of the Land Law 2013, conditions for receiving compensation when the State expropriates land for national defense or security purpose; for socio-economic development in the national or public interest as follows:

Article 75. Conditions for receiving compensation when the State expropriates land for national defense or security purpose; for socio-economic development in the national or public interest.

1. Households 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, except the cases prescribed in Clause 2, Article 77 of this Law. Overseas Vietnamese who are eligible to own houses associated with land use rights in Vietnam and are granted a certificate of land use rights and ownership of houses and residential land use rights and other land-attached assets, or being eligible to be granted such certificate under this Law but not being granted that certificate yet.

You currently do not have a Land Use Rights Certificate, but your land is farmland and has been lived in for a long time. Therefore, in case you are eligible to receive a Certificate of Merit but have not yet received it, you will still be entitled to compensation when land is recovered in Vietnam.

In addition, according to the provisions of Clause 1, Article 13 of Decree 47/2014/ND-CP, compensation for land to users without land use right papers is determined as follows:

1. Upon expropriation, land users do not have land use right papers as defined in Clauses 1, 2 and 3, Article 100 of the Law on Land and Article 18 of the Decree No. 43/2014/ND-CP but eligible for issuance of Certificate of use land right, ownership of land-linked houses and properties as defined in Articles 101 and 102 of the Law on Land, Articles 20, 22, 23, 25, 27 and 28 of the Decree No. 43/2014/ND-CP, users thereof shall be compensated for land.

- Regarding the form and level of compensation after you meet all the conditions for land compensation if you meet the above conditions:

Depending on the determination of whether the recovered land area is residential land or agricultural land, when land is recovered in Vietnam, state agencies will apply specific forms and compensation levels as prescribed in Decree 47/2014/ ND-CP.

Does land lease require land change registration in Vietnam?

Regarding leasing or subleasing land use rights between individuals and legal entities, is it necessary to register changes? Hope to receive an answer.

Answer: According to Point a, Clause 4, Article 95 of the Land Law 2013, registration of land, houses and other land-attached assets is specified as follows:

4. Change registration is conducted in the cases in which the certificates have been granted or change occurs after the first registration as follows:

a/ The land user or the owner of land-attached assets exercises the right to exchange, transfer, lease, sublease, inherit, donate land use rights or land-attached assets; mortgage or contribute as capital land use rights or land-attached assets;

...

So when leasing or subleasing land use rights, you register land changes in Vietnam.

Best regards!