Regulations on Compensation for Damages Caused by Land Requisition

How does the law on land stipulate compensation for damage caused by land requisition?

Pursuant to Clause 7, Article 72 of the Land Law 2013 stipulates:

  1. Compensation for damage caused by land requisition shall be carried out as follows:

a) The person whose land is requisitioned is entitled to compensation for damage in the event that the requisitioned land is destroyed; in case the person whose land is requisitioned suffers a loss of income directly caused by the land requisition;

b) In case the requisitioned land is destroyed, compensation will be made in cash based on the market transfer price of land use rights at the time of payment;

c) In case the person whose land is requisitioned suffers a loss of income directly caused by the land requisition, the compensation amount is determined based on the actual income loss calculated from the date of handover of the requisitioned land to the date of return of the requisitioned land as stated in the decision to return the requisitioned land.

The actual income loss must be consistent with the income generated by the requisitioned land under normal conditions prior to the land requisition;

d) The Chairman of the Provincial or District People’s Committee where the requisitioned land is located shall establish a Council to determine the compensation amount for damage caused by the land requisition based on the declaration document of the land user and cadastral records. Based on the compensation amount determined by the Council, the Chairman of the Provincial or District People's Committee will decide the compensation amount.

e) The compensation for damage caused by the land requisition shall be paid once, directly to the person whose land is requisitioned within no more than 30 days from the date of return of the land.

The above are the regulations regarding compensation for damage caused by land requisition.

Respectfully!

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