What are the supports when the State expropriates land in Vietnam? What are cases where compensation for land is not provided when the State expropriates land in Vietnam?
What are the supports when the State expropriates land in Vietnam?
Based on Article 108 of the Land Law 2024 stipulating support when the State expropriates land:
Article 108. Support when the State expropriates land
1. Support when the State expropriates land includes:
a) Support for stabilizing life;
b) Support for stabilizing production and business;
c) Support for relocating livestock;
d) Support for training, vocational transition, and job seeking;
dd) Support for resettlement in cases specified in clause 8 of Article 111 of this Law;
e) Support for dismantling, demolishing, relocation as specified in clause 3 of Article 105 of this Law.
- In addition to the support stipulated in clause 1 of this Article, based on the actual local situation, the provincial People's Committee decides on other support measures and levels to ensure accommodation, stable life, and production for those whose lands are expropriated, and asset owners for each specific project.
- The Government of Vietnam shall stipulate this Article in detail.
Thus, the supports when the State expropriates land include:
- Support for stabilizing life
- Support for stabilizing production and business
- Support for relocating livestock
- Support for training, vocational transition, and job seeking
- Support for resettlement in cases where individuals whose homestead land is expropriated and need to relocate, and are compensated with homestead land or resettlement housing, but the compensation for homestead land is insufficient compared to the value of a minimum resettlement plot, the State will support the money sufficient to be allocated a minimum resettlement plot.
- Support for dismantling, demolishing, relocation for assets attached to land that are construction parts according to temporary construction permits under construction law where by the time of land expropriate, the permit has expired.
What are the supports when the State expropriates land in Vietnam? What are cases where compensation for land is not provided when the State expropriates land in Vietnam? (Image from the Internet)
What are cases where compensation for land is not provided when the State expropriates land in Vietnam?
Based on Article 101 of the Land Law 2024, the cases where there is no compensation for land when the State expropriates land include:
Article 101. Cases with no compensation for land when the State expropriates land
- Cases stipulated in clause 1 of Article 107 of this Law.
- Land managed by State agencies and organizations as stipulated in Article 217 of this Law.
- Land expropriated in cases stipulated in Article 81, clauses 1 and 2 of Article 82 of this Law.
- Cases that do not meet the conditions for issuance of Land Use Right Certificates, ownership rights of attached assets as stipulated in this Law, except for cases stipulated in clause 3 of Article 96 of this Law.
According to the above regulations, cases without compensation for land when the State expropriates land include:
[1] Cases without compensation for land but with compensation for the remaining investment costs on the land when the State expropriates land include:
- Land allocated by the State without land levy, except for agricultural land of households, and individuals entitled to land compensation stipulated in Article 96 of the Land Law 2024
- Land allocated by the State to organizations in cases with land levy but with a land levy exemption
- Land leased by the State with annual land rent; land leased with one-time land rent for the entire period but with land rent exemption, except for cases stipulated in clause 2 of Article 99 of the Land Law 2024
- Public utility agricultural land leased by the commune-level People's Committee
- Contracted land for agricultural, forestry production, aquaculture, and salt making
- Agricultural land area allocated beyond the limit stipulated in Article 176 of the Land Law 2024
[2] Land managed by State agencies and organizations, which has not been allocated, leased or has been allocated for management, includes:
- Land used for public purposes
- Rivers, canals, streams, lakes, lagoons
- Cemetery land, funeral home, cremation facilities; land for storing ashes
- Specialized water surface land
- Special-use forest land, protection forest land, production forest land
- Land expropriated by the State and handed over to land development organizations for management
- Land expropriated by the State and assigned to the commune-level People's Committee for management in cases specified at point dd clause 1 and clause 3 of Article 82; clause 2 of Article 82 in rural areas; clause 5 of Article 86; point e clause 2 of Article 181 of the Land Law 2024
- Re-allocated land, transfer of land use rights by foreign organizations with diplomatic functions when the land is no longer needed, executed based on international treaties, international agreements, and relevant legal provisions
- Agricultural land used for public utility purposes by commune, ward, or commune-level towns
- Unused land
[3] Land expropriated in the following cases:
- Cases of land expropriate due to violation of land law
- Cases of land expropriate due to termination of land use in accordance with the law
- Land users reduce or no longer have the demand for land use and voluntarily return the land.
[4] Cases that do not meet the conditions for issuance of Land Use Right Certificates, ownership rights for assets attached to land as stipulated in this Law, except for agricultural land used before July 1, 2004, where the land user is a household or individual directly engaged in agricultural production but does not meet the conditions for issuance of Land Use Right Certificates, ownership rights for assets attached to land according to regulations.
Who is considered a land user in Vietnam?
Based on Article 4 of the Land Law 2024, land users include:
- Domestic organizations include:
+ State agencies, Communist Party of Vietnam agencies, people's armed units, Vietnam Fatherland Front, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, public service providers, and other organizations as prescribed by law
+ Economic organizations, except for foreign-invested economic organizations
- Religious organizations, sub-religious organizations
- Domestic individuals, overseas Vietnamese who are Vietnamese citizens
- Residential communities
- Foreign organizations with diplomatic functions include diplomatic representative offices, consular representative offices, other foreign representative agencies with diplomatic functions recognized by the Government of Vietnam; representative offices of organizations belonging to the United Nations, intergovernmental organizations, and intergovernmental organization representative offices
- Vietnamese persons residing abroad
- Foreign-invested economic organizations
