Guidelines on land-related recompense when the State expropriates agricultural land of households/individuals in Vietnam as of August 01, 2024

Guidelines on land-related recompense when the State expropriates agricultural land of households/individuals in Vietnam as of August 01, 2024 (Image from the Internet)

On July 15, 2024, Hanoi issued Decree 88/2024/ND-CP on compensation, support, and resettlement when the State expropriates land.

Guidelines on land-related recompense when the State expropriates agricultural land of households/individuals in Vietnam as of August 01, 2024

Article 12 of Decree 88/2024/ND-CP provides for compensation for land of families and individuals using agricultural land from August 01, 2024, as follows:

(1) In cases of using land without documents on land use rights but meeting the compensation conditions stipulated in Clause 1, Article 5 of Decree 88/2024/ND-CP, land compensation shall be granted for the recovered land area, but not exceeding the limit for agricultural land allocation for individuals as prescribed in Article 176 of the Land Law 2024.

(2) In cases of land use violations before July 01, 2014, if qualifying for compensation according to Clause 2, Article 5 of Decree 88/2024/ND-CP, compensation shall be provided for the recovered land area, not exceeding the limit for agricultural land allocation for individuals as stipulated in Article 176 of the Land Law 2024.

For agricultural land that has been used stably through self-reclamation, compensation shall be made according to the land allocation limit for agricultural land stipulated by the provincial People's Committee.

(3) In cases where land is allocated unlawfully before July 01, 2014, if meeting the compensation conditions stipulated in Clause 3, Article 5 of Decree 88/2024/ND-CP, compensation shall be provided for the recovered land area, not exceeding the limit for agricultural land allocation for individuals as stipulated in Article 176 of the Land Law 2024.

(4) For agricultural land that has been used stably before July 01, 2004, where the user is a family or individual directly engaged in agricultural production but does not qualify for a Land Use Rights Certificate, the following shall be applied:

- In cases of land use without documents on land use rights, if the recovered area exceeds the area eligible for compensation as stipulated in (1), the land area compensated shall be equal to the actual recovered land area;

- For land use violations, if the recovered area exceeds the area eligible for compensation as stipulated in (2), the remaining area shall be considered for support under Section (7);

- For land allocated unlawfully, if the recovered area exceeds the area eligible for compensation as stipulated in (3), the remaining area shall be considered for support under Section (7).

(5) For the area of agricultural land transferred beyond the limit before July 01, 2014, the compensation and support are as follows:

- If the land use right was transferred from a user falling under the cases specified in Clause 2, Article 95 of the Land Law 2024, compensation shall be made for the actual recovered land area;

- If the land use right was transferred from a user not falling under the cases specified in Clause 2, Article 95 of the Land Law 2024, the origin of the land use of the transferor shall be considered to determine compensation and support on a case-by-case basis as stipulated in (1), (2), (3), and (4).

(6) When compensating for agricultural land used by families and individuals allocated, recognized for land use rights, or transferred land use rights according to the law, the land use period for calculating compensation shall be based on the land use period as stipulated in point a, Clause 1, Article 172 of the Land Law 2024 without deducting the previously used land period.

(7) For the remaining recovered land area of the parcel not eligible for land compensation under Sections (1), (2), (3), (4), and (5), the provincial People's Committee shall consider the actual local situation to decide other forms of support for each specific project.

More details can be found in Decree 88/2024/ND-CP which comes into force in Vietnam from August 01, 2024.

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