Guidelines on land-related recompense when the State expropriates non-agricultural land which is not homestead land in Vietnam from August 1, 2024

Guidelines on land-related recompense when the State expropriates non-agricultural land which is not homestead land in Vietnam from August 1, 2024 (Internet image) 

Guidelines on land-related recompense when the State expropriates non-agricultural land which is not homestead land in Vietnam from August 1, 2024

To be specific: at Article 13 of Decree 88/2024/ND-CP stipulates Land-related recompense when the State expropriates non-agricultural land which is not homestead land in Vietnam from August 1, 2024, as follows:

(1) Households and individuals using land for non-agricultural production, business, commerce, and services before July 1, 2014, without documentation on land use rights, if eligible for compensation as stipulated in Clause 1, Article 5 of Decree 88/2024/ND-CP will be compensated according to the recovered land area; the type of land for compensation will be applied similarly to land allocated by the State with land levy, with long-term stability in land use.

(2) Households and individuals using non-agricultural land that is not homestead land before July 1, 2014, with land law violations, if eligible for compensation as stipulated in Clause 2, Article 5 of Decree 88/2024/ND-CP will be compensated according to the recovered land area; the type of land for compensation will be similar to land allocated by the State with land levy, with long-term stability in land use.

(3) Households and individuals using non-agricultural land that is not homestead land, allocated without proper authority, or using land acquired through purchase, liquidation, valuation, or distribution of housing and construction works attached to land non-conformingly before the Land Law 2024 comes into effect, if eligible for compensation as stipulated in Clause 3, Article 5 of Decree 88/2024/ND-CP will be compensated as follows:

- Land used stably before October 15, 1993, will be compensated according to Point c, Clause 2, Article 8 of Decree 88/2024/ND-CP;

- Land used stably from October 15, 1993, to before July 1, 2014, will be compensated according to Point c, Clause 3, Article 8 of Decree 88/2024/ND-CP;

- In cases where land was allocated from July 1, 2014, to before the Land Law 2024 comes into effect, with documentation proving payment for land use, compensation will follow Point c, Clause 3, Article 8 of Decree 88/2024/ND-CP.

(4) Compensation for households and individuals using non-agricultural land that is not homestead land with a specified use period as stipulated in Clause 1, Article 99 of the Land Law 2024 will be implemented as follows:

- If compensated with land of the same use purpose as the recovered land, the usage term of the compensated land will be the remaining term of the recovered land. If the land user requests an extended term, it will be determined following Article 172 of the Land Law 2024 and the user must pay land levy or land rent for the extended term beyond the remaining term of the recovered land;

- If compensated with money, determination follows the provisions in (7);

- If compensated with land for different use purposes or with housing, it will be according to Article 4 of Decree 88/2024/ND-CP.

(5) For households and individuals eligible for land compensation under Clause 2, Article 99 of the Land Law 2024, compensation follows the provisions in (4).

(6) For land users eligible for compensation under Article 100 of the Land Law 2024, it will be implemented as follows:

- Compensation with land applies when the entire project land area is recovered, or the remaining area after recovery is insufficient for the project to continue, following Point a, Clause 4, Article 13 of Decree 88/2024/ND-CP;

- If compensated with money, the determination follows the provisions in (7).

(7) For users of non-agricultural land that is not homestead land, with a specified use period eligible for monetary compensation under Article 13 of Decree 88/2024/ND-CP, it will be determined as follows:

Where:

Tbt: Compensation amount;

G: Specific land price at the time of approving the compensation, support, resettlement plan;

S: Recovered land area;

T1: Land use term;

T2: Remaining land use term: equal to (=) land use term minus (-) the used term up to the approval time of the compensation, support, resettlement plan.

(8) Households and individuals using commercial land, non-agricultural production establishment land, other non-agricultural land with stable long-term use, and eligible for compensation upon land expropriation by the State will be compensated according to the recovered land type specified in Clause 4, Article 171 of the Land Law 2024.

(9) For remaining areas of the parcel to be recovered yet not eligible for land compensation per provisions in (1), (2), and (3), the Provincial People's Committee will consider actual local situations to decide on other support forms for each specific project.

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