Rules for recompense, support and resettlement upon land expropriation by the State in Vietnam According to the Land Law 2024

Rules for recompense, support and resettlement upon land expropriation by the State in Vietnam According to the Land Law 2024 (Image from the Internet)

Rules for recompense, support and resettlement upon land expropriation by the State in Vietnam According to the Land Law 2024

Based on Article 3 of the Land Law 2024:

+ Compensation for land is when the State reimburses the value of the land use rights of the recovered land area to the person whose land is recovered;

+ Support when the State recovers land is a policy of the State aimed at assisting the person whose land is recovered and the owner of the assets attached to the land to stabilize their life, production, and development in addition to the compensation provided as per the Land Law 2024;

+ Resettlement is when the State compensates with homestead land or housing at the resettlement area or another suitable location for the person whose land is recovered, or supports by providing homestead land, resettlement housing for those not eligible for homestead land compensation under the Land Law 2024 but have no other place to live.

According to Article 91 of the Land Law 2024, compensation, support, resettlement when the State recovers land must comply with the following 07 principles:

(1) Compensation, support, resettlement when the State recovers land must ensure democracy, objectivity, fairness, transparency, promptness, and conformability to the law; for the common interest, sustainable development, civilization, and modernization of the community, and localities; with consideration for social policy subjects, and those directly engaged in agricultural production.

(2) Land compensation shall be made by allocating land with the same use purpose as the recovered land. In cases where there is no land available for compensation, compensation shall be in cash based on the specific land price of the recovered land as decided by the competent district-level People’s Committee at the time of approval of the compensation, support, and resettlement plan. In cases where land compensation recipients have been compensated with other land or residential housing but prefer cash compensation, they shall be compensated in cash according to their registered preferences when developing the compensation, support, and resettlement plan.Persons whose land is recovered shall be considered for compensation with land of different use purposes or housing if desired and if the local area has sufficient available land and housing resources.

(3) Owners of assets according to civil law provisions who suffer damage to their assets shall receive compensation for the damage; and production and business establishments that must cease operations due to land recovery by the State shall be considered for support.

(4) The State is responsible for supporting persons whose land is recovered and assets owners to create conditions for them to secure employment, generate income, stabilize their lives, and ensure production.

(5) Resettlement areas must complete infrastructure and social infrastructure conditions in accordance with detailed plans approved by the competent authorities; and conform to the cultural traditions, customs, and practices of the community in which the land is recovered. Resettlement areas can be arranged for one or multiple projects.

(6) Provincial and district-level People’s Committees are responsible for organizing the development and implementation of resettlement projects to ensure active resettlement arrangements for persons whose land is recovered. The approval of the compensation, support, and resettlement plan and the arrangement of resettlement must be completed before the land recovery decision is issued.

(7) When the State recovers land as specified in Articles 78 and 79 of the Land Law 2024 and the remaining area of the parcel after the recovery is less than the minimum area stipulated by the provincial-level People’s Committee under Clause 2, Article 220 of the Land Law 2024, if the land user consents to the land recovery, the competent district-level People’s Committee shall issue the land recovery decision and implement compensation, support, and management of this land area in accordance with the law.Expenses for compensation, support in cases of land recovery shall be included in the compensation, support, and resettlement costs of the investment project.

Tran Trong Tin

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