Is the State correct when they don't compensate for expropriated land in Vietnam?

Is the State correct when they don't compensate for expropriated land in Vietnam?

Recently, the government expropriated my family's afforestation land. There was no decision to compensate me at all. Is that right or wrong? This land I have left unused for the past 26 months.

Answer:

Pursuant Clause 3 Article 82 of the Law on Land in 2013 stipulating cases in which compensation for land is not made upon land expropriation by the State as follows:

- Land which is allocated by the State for management;

- Land which is expropriated as prescribed in Article 64 and at Points a, b, c and d, Clause 1, Article 65 of this Law;

Pursuant Clause 1.h Article 64 of the Law on Land in 2013, cases of land expropriation due to violations of the land law include:

- Land is not used for the purposes for which land has been allocated, leased, or land use rights have been recognized by the State and the land users, after having been sanctioned administratively for using land for improper purposes, still continue committing the violation;

...

- Land for annual crops that is not used for 12 consecutive months; land for perennial plants that is not used for 18 consecutive months; land for afforestation that is not used for 24 consecutive months;

Based on the above regulations, if you do not use forest land continuously for 26 months, when the state recovers you, you will not be compensated according to the law. In addition, there will be no compensation for property on this land.

Does the State have to compensate for crops when expropriating land in Vietnam?

Does the State have to compensate for crops when expropriating land in Vietnam?

Answer:

Pursuant Article 90 of the Law on Land in 2013 stipulating as follows:

1. In case the land expropriation by the State causes damage to plants, the compensation shall be made according to the following provisions:

a/ For annual crops, the compensation must be equal to the output value of the harvest. The output value of the harvest is the highest yield of the harvests in the preceding 3 years of the local main crop and the average price at the time of land expropriation;

b/ For perennial crops, the compensation must be equal to the current value of the planting area calculated in local prices at the time of the land expropriation, excluding the value of land use rights;

c/ For plants which have not been harvested yet but can be brought to another location, the transportation cost and the actual damage due to the transportation and re-planting must be compensated;

d/ For planted forests funded by the state budget and for natural forests allocated to organizations, households and individuals for planting, management, growing or protection, the value of the actual damage must be compensated. The compensation amount must be divided to those who manage, grow and protect the forests in accordance with the law on forest protection and development.

Therefore, when the state recovers, if the crop is damaged, it must be compensated. The specific compensation depends on the type of crop mentioned above.

Do People's Committees of commune in Vietnam have competency to decide on recovering lands, which belong to religious institutions?

In my village, the church building belongs to a religious institution. During the operation, there were fouls in the land field, the commune body came down to work, and made a record to recover the violated land. So, according to current legal regulations, is the behavior of the People's Committee of commune right or wrong?

Answer:

Pursuant Clause 1.a Article 66 of the Law on Land in 2013 stipulating as follows:

Provincial-level People’s Committee may decide on land expropriation in the following cases:

a/ Recovery of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case prescribed at Point b, Clause 2 of this Article;

As regulations above, only People's Committees of province have competency in decide on recovering lands. In this case, the the People's Committee of commune  is totally wrong.

Best regards!