Vietnam: Compensation by the State for land to users without land use right papers

This is one of the notable contents mentioned in Decree No. 47/2014/ND-CP of Vietnam’s Government regulating compensation, support, and resettlement upon land expropriation by the State.

Nha nuoc boi thuong khi dat khong co giay to ve quyen su dung dat, Nghi dinh 47/2014/NĐ-CP

According to Article 13 of Decree No. 47/2014/ND-CP of Vietnam’s Government, upon expropriation, land users do not have land use right papers as defined in Clauses 1, 2 and 3, Article 100 of the Law on Land of Vietnam and Article 18 of Decree No. 43/2014/ND-CP of Vietnam’s Government but eligible for issuance of Certificate of use land right, ownership of land-linked houses and properties as defined in Articles 101 and 102 of the Law on Land, Articles 20, 22, 23, 25, 27 and 28 of Decree No. 43/2014/ND-CP, users thereof shall be compensated for land.

In case users thereof are compensated in money, such amount of compensation shall deduct the amount paid to the State as financial obligations of land users according to the law on collection of land levies, land rent and water surface rent.

Besides, providing support for living and production stabilization upon expropriation by the State as defined in Point a, Clause 2, Article 83 of the Law on Land shall be done in accordance with Article 19 of Decree No. 47/2014/ND-CP.

For movement of tombs and graves other than the cases as defined in Clause 1, Article 8 hereof, persons to which such tombs and graves belong shall be compensated new land, expenses for movement and construction of new tombs and graves and other relevant expenses. The province-level People’s committee shall decide specific compensation according to customs and reality in the locality.

Decree No. 47/2014/ND-CP also stipulates several supports in Articles 20, 21, 22, 23, etc.

View full text at Decree No. 47/2014/ND-CP of Vietnam’s Government, effective from July 01, 2014.

Thu Ba

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