What are regulations on people eligible for resettlement when the State recovers residential land in Vietnam?

What are regulations on people eligible for resettlement when the State recovers residential land in Vietnam?

My house is currently built on land that my grandparents previously reclaimed, and then I completed the procedure to make a certificate in my grandparents' name. Now the State has a project so they can reclaim the land, let me ask: Who is eligible for resettlement when the State recovers residential land?

Reply:

In Article 86 of the 2013 Land Law, there are regulations on resettlement arrangement for those whose land is expropriated and who need to be relocated as follows:

1. The organization in charge of compensation and ground clearance which is assigned by the provincial- and district-level People’s Committees to arrange resettlement shall notify those whose land is expropriated and who need to be relocated of the tentative resettlement arrangement plan and post up the plan at the offices of the commune-level People’s Committee, at common public places of the residential areas of which land is expropriated and at resettlement areas for at least 15 days before competent state agencies approve the plan.

The contents of the notification include the location and area of resettlement land and resettlement houses, design and area of each land lot or apartment, prices of resettlement land and resettlement houses, and the tentative plan for resettlement arrangement for those whose land is expropriated.

2. People whose land is expropriated shall be resettled in the same place if the resettlement projects are developed or conditions for resettlement arrangement exist in the expropriated area. Convenient locations are prioritized for those who hand over the expropriated land early or people with meritorious services to the revolution.

The approved plan for resettlement arrangement must be publicized at the office of the commune-level People’s Committee and at common public places of the residential areas of which land is expropriated.

3. The specific land price used to calculate land use levy at resettlement areas and the sale price of resettlement houses shall be determined by the provincial-level People’s Committee.

4. In case people having land expropriated are resettled while the amount of compensation and support is not enough to buy the minimum resettlement plot, the State shall make up the deficit.

The Government shall specify the minimum resettlement plot in conformity with specific conditions of each region, area and locality.

=> Thus, the support and resettlement portion will be paid to the person whose name is on your family's land use rights certificate in Vietnam.

Above is the consulting content.

What is compensation for land when the State recovers residential land in Vietnam?

Let me ask: Is the house my family is living in part of the State's land recovery plan? The problem is that if the government proceeds with the recovery, my family will have no place to live, I heard that there will be compensated by the State upon recovery. So let me ask: What is compensation for land when the State recovers residential land?

Reply:

In Clause 1, Article 79 of the 2013 Land Law, it is stipulated:

1. Households and individuals using residential land and overseas Vietnam owning houses associated with land use rights in Vietnam, who are eligible for compensation as prescribed in Article 75 of the Law upon land expropriation by the State, shall be compensated as follows:

a/ If they have no other residential land or houses in the communes, wards or townships in which the expropriated land is located, they shall be compensated with residential land or house. If they have no need for compensation with residential land or house, the State shall compensate them in money;

b/ If they have other residential land or houses in the communes, wards or townships in which the expropriated land is located, they shall be compensated in money. For localities with available land fund, the compensation in the form of land may be considered.

What are conditions for receiving compensation in money when land is recovered in Vietnam?

I know that after land confiscation, households, individuals... whose land is confiscated can be compensated with money or resettlement housing. Because the current reality is that resettlement houses are not built according to expectations, many households want to receive monetary compensation. So let me ask: What are conditions for receiving compensation in money when land is recovered in Vietnam?

Reply:

In Article 74 of the 2013 Land Law, principles of compensation upon land expropriation by the State are specified as follows:

1. Land users who meet the conditions prescribed in Article 75 of this Law upon land expropriation by the State shall be compensated.

2. The compensation must be made in the form of allocating new land with the same land use purpose with the expropriated land. If there is no land available for compensation, the land users shall receive compensation in money calculated according to the specific land price of the type of expropriated land which is decided by the provincial-level People’s Committee at the time of the recovery decision.

3. The compensation upon land expropriation by the State must be made in a democratic, impartial, equal, public, timely and lawful manner.

And at Point a, Clause 1, Article 79 of the 2013 Land Law, there are compensation for land when the State recovers residential land as follows:

1. Households and individuals using residential land and overseas Vietnam owning houses associated with land use rights in Vietnam, who are eligible for compensation as prescribed in Article 75 of the Law upon land expropriation by the State, shall be compensated as follows:

a/ If they have no other residential land or houses in the communes, wards or townships in which the expropriated land is located, they shall be compensated with residential land or house. If they have no need for compensation with residential land or house, the State shall compensate them in money;

Note: In this case, if the locality has conditions for residential land funds, it will be considered for compensation in the form of residential land in Vietnam.

Best regards!