Is there no compensation for land when recovering land for growing crops in Vietnam?

Is there no compensation for land when recovering land for growing crops in Vietnam?

Let me ask about a case where agricultural land belongs to the public land fund in Thac Gian ward, the main crops grown on the land are cash crops such as: corn, peanuts, beans... In this case, when the state recovers can I get compensation for land?

Answer: Pursuant to Point e, 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.

Thus, in cases where the state recovers agricultural land belonging to the ward public land fund, there will be no land compensation according to regulations in Vietnam.

Is there no compensation for land when recovering land for growing crops in Vietnam? (Image from the Internet)

If contracted land for shrimp farming is confiscated, will I be compensated for land investment costs in Vietnam?

Let me ask, about the land area I contracted in 2017 to raise crayfish. Now that the state recovers it, will I be compensated for the cost of investing in this land?

Answer: Pursuant to Point e, 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.

Thus, in cases where the state recovers contracted land for aquaculture as in the case you mentioned, the cost of investing in land will be compensated according to regulations in Vietnam.

If the mother-in-law is the household head, can herb daughter-in-law buy land in her name in Vietnam?

My mother-in-law is the head of the household. I am a daughter-in-law, but am in my mother-in-law's household registration. Now I want to buy separate land for my husband and I. Can I and my husband have separate names on that land or is it my mother-in-law who can stand?

Answer: Current land laws do not have any regulations prohibiting people who are not heads of households in the family register from buying land and putting it in their own name.

Therefore, in the case of her mother-in-law, even though her name is the head of the household in the household registration book, she and her husband have the complete right to buy their own land and have their names registered as common property of the couple.

According to provisions in Clause 4, Article 98 of the Land Law 2013:

4. In case land use rights, or land use rights and the ownership of houses and other land- attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife, the full names of both husband and wife must be recorded in the certificate of land use rights and ownership of houses and other land-attached assets, unless husband and wife agree to record the full name of only one person.

In case land use rights, or land use rights and the ownership of houses and other land-attached assets, or the ownership of houses and other land-attached assets are/is the joint property of husband and wife and the granted certificate only records the full name of the husband or wife, a new certificate which records the full names of both husband and wife may be granted if requested.

According to this regulation in Vietnam, when a husband and wife buy land as common property of the couple, in principle both husband and wife are in the same name or two people agree to have the spouse's name on the certificate of land use rights and rights. own houses and other assets attached to land without caring about the mother-in-law or whose name is the head of the household on the family's current household registration book.

Best regards!