What is the recompense for the land expropriation in case of an unharvested crop in Vietnam?

What is the recompense for the land expropriation in case of an unharvested crop in Vietnam?

Pursuant to Article 103 of the Law on Land in 2024 stipulating recompense for crops and livestock:

Recompense for crops and livestock

If the land expropriation by the State causes damage to crops or livestock, the recompense shall be as follows:

1. For annual crops, the recompense shall be equal to the output value of the harvest of such crops. The output value of each crop shall be calculated according to the highest productivity in the last 3 consecutive years of such crop in the local area and the compensation rate;

2. The recompense for a perennial crop shall be equal to the actual damages of such perennial crop.

If the perennial crop is harvested multiple times and is at the harvest time, the recompense shall be equal to the unharvested output of the crop corresponding to the number of years remaining in the harvest cycle and compensation rate;

3. For an unharvested crop that can be moved to another location, recompense for the moving cost and actual damage to the crop caused by moving or replanting shall be paid.

For forest trees planted with state budget capital, natural forest trees assigned to organizations, households and individuals to plant, manage, take care and protect, recompense shall be based on the actual damage to such trees; the recompense shall be distributed to managers, caretakers and protectors according to forestry laws;

4. If aquatic animals or other livestock are damaged by the land expropriation by the State but cannot be moved, recompense for actual damage according to the specific recompense provided for by the People’s Committee of a first-level administrative division shall be paid;

5. Owners of crops and livestock specified in clauses 1, 2, 3 and 4 of this Clause may retrieve their crops and livestocks before handover of their land to the State;

6. The People’s Committee of a first-level administrative division shall issue compensation rates for damage to crops and livestock according to manufacturing process issued by the Ministry of Agriculture and Rural Development or local authorities in accordance with regulations of law; compensation rates for damage to crops and livestock prescribed in this Article must be consistent with the market prices and must be considered to be adjusted when there are fluctuations to serve as a basis for calculating recompense when land is expropriated.

As regulated above, the recompense for the land expropriation in case of an unharvested crop in Vietnam is as follows:

- For annual crops, the recompense shall be equal to the output value of the harvest of such crops. The output value of each crop shall be calculated according to the highest productivity in the last 3 consecutive years of such crop in the local area and the compensation rate;

- If the perennial crop is harvested multiple times and is at the harvest time, the recompense shall be equal to the unharvested output of the crop corresponding to the number of years remaining in the harvest cycle and compensation rate;

- For an unharvested crop that can be moved to another location, recompense for the moving cost and actual damage to the crop caused by moving or replanting shall be paid;

- For forest trees planted with state budget capital, natural forest trees assigned to organizations, households and individuals to plant, manage, take care and protect, recompense shall be based on the actual damage to such trees; the recompense shall be distributed to managers, caretakers and protectors according to forestry laws;

Note: Owners of crops may retrieve their crops before handover of their land to the State.

What is the recompense for the land expropriation in case of an unharvested crop in Vietnam? - image from internet

What is the land expropriation by the State according to the law in Vietnam?

Pursuant to Clause 35 Article 3 of the Law on Land in 2024 stipulating land expropriation:

Definitions

For the purposes of this Law, the terms below shall be construed as follows:

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35. “land expropriation by the State” means a competent regulatory agency’s issuance of a decision to expropriate the LURs of a land user or expropriate the land of a current land user or expropriate the land that is allocated by the State to manage.

36. “land use planning" means the allocation of land use quotas and zoning of land for purposes of socio-economic development, national defense, security, environmental protection and climate change adaptation based on the land capability and land use demands of all sectors and fields, for each administrative division in a given period of time.

37. “rights to lease in a land lease contract" means the land user’s rights established when the State leases out with annual land rent payments. The land user is entitled to convey his/her rights to lease in the land lease contract; the conveyee is entitled to inherit the land user’s rights and obligations according to this Law and other relevant laws.

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As regulated above, land expropriation by the State means a competent regulatory agency’s issuance of a decision to expropriate the LURs of a land user or expropriate the land of a current land user or expropriate the land that is allocated by the State to manage.

What are regulations on land-related recompense when the State expropriates homestead land in Vietnam?

Pursuant to Article 98 of the Law on Land in 2024 stipulating land-related recompense when the State expropriates homestead land:

- If a household/individual/person of Vietnamese descent residing overseas/business organization that is using homestead land, or is holding housing affixed to LURs in Vietnam when the State expropriates land meets conditions of eligibility for recompense in Article 95 of the Law on Land in 2024, they shall be given other homestead land or housing or an amount of money or land used to a purpose different from that of the expropriated land as recompense.

- If a business organization/person of Vietnamese descent residing overseas/foreign-invested business organization that is using land to carry out an investment project for construction of housing when the State expropriates land meets conditions of eligibility for recompense in Article 95 of the Law on Land in 2024, they shall be given an amount of money or other land as recompense.