What is price unit for recompense for damages to crops in Ho Chi Minh City, Vietnam, from October 17, 2024
What is price unit for recompense for damages to crops in Ho Chi Minh City, Vietnam, from October 17, 2024
On October 17, 2024, the People's Committee of Ho Chi Minh City issued Decision 78/2024/QD-UBND regarding the price unit for recompense for damages to crops upon land expropriation by the State in Ho Chi Minh City, applicable to three groups of crops: annual crops, perennial crops, and forest trees.
In the Appendix issued with Decision 78/2024/QD-UBND, the What is price unit for recompense for damages to crops in Ho Chi Minh City, Vietnam, from October 17, 2024, is specified as follows:
View details of the price unit for recompense for damages to crops in Ho Chi Minh City from October 17, 2024 Here
What is price unit for recompense for damages to crops in Ho Chi Minh City, Vietnam, from October 17, 2024? (Image from the Internet)
What are regulations on recompense for crops upon land expropriation by the State in Vietnam?
Based on Article 103 Land Law 2024 regulating recompense for crops and livestock in Vietnam:
Article 103. recompense for crops and livestock
Upon land expropriation by the State that causes damage to crops and livestock, recompense is carried out as follows:
- For annual crops, the recompense is calculated based on the production value of the harvest. The production value of the harvest is calculated based on the highest yield of the last 3 consecutive years for that crop at the local area and the recompense unit price;
- For perennial crops, recompense is calculated based on the actual damage value of the garden.
For perennial crops that are harvested multiple times and are in the harvesting period, the recompense is calculated based on the yield of the unharvested garden corresponding to the remaining years in the harvest cycle and the recompense unit price;
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Thus, upon land expropriation by the State causing damage to crops in Vietnam, the recompense is carried out as follows:
[1] For annual crops, the recompense is calculated based on the production value of the harvest. The production value of the harvest is calculated based on the highest yield of the last 3 consecutive years for that crop at the local area and the recompense unit price.
[2] For perennial crops, the recompense is calculated based on the actual damage value of the garden. For perennial crops that are harvested multiple times and are in the harvesting period, the recompense is calculated based on the yield of the unharvested garden corresponding to the remaining years in the harvest cycle and the recompense unit price.
[3] For crops that have not been harvested but can be relocated to another site, recompense is provided for relocation costs and actual damages due to relocation and replanting. For forest trees planted with state budget funds, natural forest trees assigned to organizations, households, individuals for planting, management, care, and protection, recompense is based on the actual damage value of the garden; recompense money is distributed to those who manage, care for, and protect according to the forestry laws.
Note: Crop owners can reclaim crops and livestock themselves before handing over the land to the State.
What are cases of ineligibility for recompense for property affixed to land when the land is expropriated by the State in Vietnam?
Based on Article 105 Land Law 2024 regulating the Cases of ineligibility for recompense for property affixed to land when the land is expropriated by the State:
Article 105. Cases of ineligibility for recompense for property affixed to land when the land is expropriated by the State
- Assets attached to the land falling under any reclaimed land categories as stipulated in clauses 1, 2, 4, 5, and 8 of Article 81, and points b and c, clause 1 of Article 82 of this Law.
- Assets attached to the land that have been created in violation of the law or during the effective period of a land reclamation notice by competent state authorities as regulated by this Law.
- Assets attached to the land that are part of a construction work based on a construction permit of limited duration according to the construction law and whose permit has expired at the land reclamation time.
Owners of assets stated in this clause are supported for dismantling, demolition, and relocation.
- Technical infrastructure works, social infrastructure, and other construction works where the owners determine there's no use demand before the land reclamation decision of competent authorities.
Therefore, the cases of ineligibility for recompense for property affixed to land when the land is expropriated by the State in Vietnam include:
- Assets attached to the land falling under any reclaimed land categories due to violation of land laws or as a result of the termination of land use according to law.
- Assets attached to the land created in violation of the law or during the effective period of a land reclamation notice by competent state authorities as per regulations.
- Assets attached to the land that are a part of construction work under a limited-term construction permit according to construction law and whose permit has expired at the time of land reclamation.
- Technical infrastructure works, social infrastructure, and other construction works where the owners determine there's no use demand before the land reclamation decision by competent authorities.
