Is there compensation for land used by religious institutions that is expropriated by the State in Vietnam?

What are regulations on land used by religious institutions in Vietnam?

Pursuant to Article 159 of the Law on Land in 2013 stipulating land used by religious institutions in Vietnam as follows:

Land used by religious institutions

1. Land used by religious institutions includes land for pagodas, churches, oratories, sanctuaries, monasteries, religious schools, head offices of religious institutions and other religious institutions whose operation is licensed by the State.

2. Provincial-level People’s Committees shall base themselves on the state policies on religions and land use master plans and plans approved by competent state agencies to determine the land areas to be allocated to the religious institutions.

As regulations above, land used by religious institutions includes land for pagodas, churches, oratories, sanctuaries, monasteries, religious schools, head offices of religious institutions and other religious institutions whose operation is licensed by the State.

Is there compensation for land used by religious institutions that is expropriated by the State in Vietnam? - Source: Internet

Is there compensation for land used by religious institutions that is expropriated by the State in Vietnam?

Pursuant to Clause 2 Article 75 of the Law on Land in 2013 stipulating conditions for receiving compensation regarding land used by religious institutions as follows:

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

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2. Communities and religious institutions using land which is not allocated or leased land by the State and having a certificate, or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.

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Pursuant to Clause 3 Article 78 of the Law on Land in 2013 stipulating compensation for land used by religious institutions as follows:

Compensation for land and remaining investment costs on land when the State recovers agricultural land from economic organizations, self-financed public non-business organizations, communities or religious institutions

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3. Communities and religious institutions that are using agricultural land and eligible for compensation as prescribed in Article 75 of this Law, shall, upon land expropriation by the State, be compensated for land in accordance with the Government’s regulations.

Pursuant to Clause 5 Article 81 of the Law on Land in 2013 stipulating compensation for land used by religious institutions as follows:

Compensation for land and remaining investment costs on land when the State recovers non-agricultural land which is not residential land from economic organizations, self-financed public non-business organization, communities, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises

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5. For communities and religious institutions using non-agricultural land, if they are eligible for compensation as prescribed in Article 75 of this Law when the State expropriates land, they shall be compensated for land in accordance with the Government’s regulations.

Therefore, religious land that is being used for non-agricultural/agricultural purposes when the State reclaims the land and meets the conditions for compensation as stipulated is entitled to compensation for the land.

Note: The condition for the State to compensate is that the religious organization is using the land that is not state-allocated or rented and has a Certificate of Land Use Rights or meets the conditions for being granted a Certificate of Land Use Rights, Ownership of Houses and Other Assets Linked to Land under the provisions of this Law but has not yet been granted.

What is the level of compensation for land used by religious institutions that is expropriated by the State in Vietnam?

Pursuant to Clause 4.dd Article 114 of the Law on Land in 2013, the amount of compensation for land used by religious institutions that is reclaimed by the State is determined based on the specific land price of the type of land being expropriated, as determined by the provincial People's Committee at the time of the decision to expropriate the land.

In the case where land used by religious institutions is not eligible for compensation for the land, but is eligible for compensation for the remaining investment costs (if any), the costs are based on Article 3 of Decree 47/2014/NĐ-CP, which includes:

- Cost of land leveling;

 -Cost of improving soil fertility, draining, erosion control for agricultural land;

- Cost of strengthening bearing capacity to prevent vibration and subsidence of land for production and business premises;

- Other related costs that have been invested in the land in accordance with the purpose of land use.

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