Vietnam: Compensation by the State for land when real-life area is different from what is stated in land use right papers

15:03, 18/05/2014

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

boi thuong khi dien tich dp dac khac dien tich ghi tren giay to, Nghi dinh 47/2014/NĐ-CP

According to Article 12 of Decree No. 47/2014/ND-CP of Vietnam’s Government, upon expropriation, real-life area is found different from the area stated in land use right papers as defined in Clauses 1, 2, 3, Article 100 of the Law on Land and Article 18 of Decree No. 43/2014/ND-CP dated May 15, 2014 of Vietnam’s Government detailing the implementation of some articles of the Law on Land, compensation shall be made as follows:

- If real-life area is smaller than the area stated in land use right papers, compensation shall be made according to real-life area.

- If real-life area is more than the area stated in land use right papers due to previous inaccurate measurement or only part of real-life area was previously declared by land user but the entire land boundary remains unchanged, is not in dispute with neighboring land users, and not related to invasion, transgression, compensation shall be made according to real-life area.

However, if real-life area is more than the area stated in land use right papers, and such outstanding area is confirmed by the People’s Committee of commune, district and town level where the land is situated as resulting from land reclamation or receipt of transfer of land use right from previous users, and that the land has been stably employed and not in dispute, compensation shall be made according to real-life area.

Moreover, if real-life area is more than the area stated in land use right papers, and the outstanding area is confirmed as resulting from transgression or invasion, no compensation in the form of land shall be made with respect to such outstanding area. Compensation for properties linked to expropriated land as defined in Clauses 2, 3 of this Article shall be done according to the provisions of the Law on Land of Vietnam and Decree No. 47/2014/ND-CP.

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

Thu Ba

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