Is religious land eligible for recompense upon land expropriation in Vietnam? What rights and obligations do religious organizations allocated land by the State on which land levies are not imposed in Vietnam?

Is religious land eligible for recompense upon land expropriation in Vietnam?

According to Article 97 of the Land Law 2024 regulating land-related recompense when the State expropriates agricultural land of business organizations, populations, religious organizations or affiliated religious organizations in Vietnam:

Article 97. Land-related recompense when the State expropriates agricultural land of business organizations, populations, religious organizations or affiliated religious organizations

1. Economic organizations using agricultural land allocated by the State with a land levy, leased land with a one-time rent payment for the entire lease period, transferred land use rights when the State reclaims land, if eligible for compensation as stipulated in Article 95 of this Law, shall be compensated for the land.

2. Residential communities, religious organizations, and affiliated religious organizations using agricultural land when the State reclaims land, if eligible for compensation as stipulated in Article 95 of this Law, shall be compensated for the land.

According to Clause 4, Article 100 of the Land Law 2024 regulating land-related recompense when the State expropriates non-agricultural land which is not homestead land of business organizations/public service providers/populations/religious organizations/affiliated religious organizations/ persons of Vietnamese descent residing overseas/foreign diplomatic organizations/foreign-invested business organizations in Vietnam:

Article 100. CLand-related recompense when the State expropriates non-agricultural land which is not homestead land of business organizations/public service providers/populations/religious organizations/affiliated religious organizations/ persons of Vietnamese descent residing overseas/foreign diplomatic organizations/foreign-invested business organizations

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4. Residential communities, religious organizations, and affiliated religious organizations using non-agricultural land when the State reclaims land, if eligible for compensation as stipulated in Article 95 of this Law, shall be compensated for the land.

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According to the above regulations, if a religious establishment using either non-agricultural or agricultural land is reclaimed by the State and is eligible for compensation under the law, it shall be compensated for the land.

Is religious land compensated if reclaimed? What rights and obligations do religious organizations allocated land by the State on which land levies are not imposed? (Image from the Internet)

What rights and obligations do religious organizations allocated land by the State on which land levies are not imposed in Vietnam?

According to Article 32 of the Land Law 2024 regulating the rights and obligations of Vietnamese organizations, individuals, residential communities, religious organizations and affiliated religious organizations allocated land by the State on which land levies are not imposed in Vietnam:

Article 32. Rights and obligations of Vietnamese organizations, individuals, residential communities, religious organizations and affiliated religious organizations allocated land by the State on which land levies are not imposed

1. Domestic organizations, religious organizations, and affiliated religious organizations allocated land by the State without a land levy have the general rights and obligations stipulated in Articles 26 and 31 of this Law.

2. Domestic organizations, religious organizations, and affiliated religious organizations allocated land by the State without a land levy do not have the right to transfer, lease, donate, mortgage, or contribute capital by land use rights.

Religious organizations allocated land by the State without a land levy have the following rights and obligations:

[1] General rights of religious organizations

- Entitled to a Certificate of land use rights, ownership of assets attached to the land when meeting the legal conditions.

- Enjoy the results of labor and investments on legally used land.

- Enjoy the benefits from State investments for the protection, improvement, and development of agricultural land.

- Assisted and guided by the State in rehabilitating and improving agricultural land.

- Protected by the State against infringements of legal land-related rights and interests.

- Entitled to change land use purposes as prescribed.

- Entitled to compensation, support, and resettlement when the State reclaims land as prescribed.

- Entitled to lodge complaints, denunciations, and lawsuits against violations of legal land use rights and other violations of land law.

[2] General obligations of religious organizations

- Use land for the right purposes, within the parcel boundaries, complying with prescribed depths and heights, protecting public works underground, and adhering to other relevant laws.

- Declare and register land use; complete all legal procedures when converting, transferring, leasing, subleasing, inheriting, donating, mortgaging, or contributing capital by land use rights as prescribed by law.

- Fulfill financial obligations regarding land as prescribed by law.- Implement measures for land protection; handle, rehabilitate, and restore land affected by pollution or degradation caused by themselves.

- Comply with environmental protection regulations without harming assets and legal interests of related land users.

- Adhere to legal regulations regarding items found underground.

- Hand over land when the State decides to reclaim it according to the legal procedures.

Note: Religious organizations and affiliated religious organizations allocated land by the State without a land levy do not have the right to transfer, lease, donate, mortgage, or contribute capital by land use rights.

What types of land fall under religious land?

According to Article 213 of the Land Law 2024 regulating religious land in Vietnam:

Article 213. Religious land

1. Religious land includes land for building religious establishments, offices of religious organizations, affiliated religious organizations, and other lawful religious facilities.

2. The State allocates land without a land levy for building religious establishments, offices of religious organizations, affiliated religious organizations.

3. The State leases land with annual land rent for religious organizations and affiliated religious organizations using land not covered by Clause 2 of this Article.

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Thus, religious land includes land for building religious establishments, offices of religious organizations, affiliated religious organizations, and other lawful religious facilities.