When the State recovers land causing damage to houses or other structures attached to the land, compensation for damages must be provided in accordance with the provisions of Decree 47/2014/ND-CP.
Article table of contents
The State has the right to reclaim land when necessary according to regulations, and citizens have the right to compensation for damages for legally owned houses. In reality, after land is reclaimed, houses may be cut and cannot be inhabited or may still be inhabitable but severely damaged, missing parts. Therefore, the State has an obligation to compensate for damages and provide support to help these people quickly stabilize their lives.
Compensation for damages to houses and other constructions attached to the land when the State reclaims land is stipulated as follows:
For residential houses and constructions used for living purposes attached to the land of households, individuals, and overseas Vietnamese when the State reclaims land and they have to be dismantled:
- If the entire house or part of it that remains does not meet the technical standards for residential houses or living-purpose constructions, the owner of the house or construction will be compensated based on the new construction value of a house or construction with equivalent technical standards.- If the remaining part of the house or construction still meets the technical standards, compensation will be provided for the part that is actually damaged.
Houses and other constructions attached to reclaimed land not falling under the aforementioned cases will be compensated according to the provisions of Decree 47/2014/ND-CP. Specifically:
The compensation level for houses and constructions is the total current value of the damaged house or construction and an amount calculated as a percentage of the current value of the house or construction, calculated using the following formula:
Tgt=G1-(G1/T)xT1
Where:
Tgt is the current value of the damaged house or construction;
G1 is the new construction value of the damaged house or construction with equivalent technical standards;
T is the depreciation period applied to the damaged house or construction;
T1 is the time the damaged house or construction has been in use.
For houses and other constructions that are partially dismantled and the remaining part cannot be used, compensation will be for the entire house or construction; if the remaining part still exists and can be used, compensation will be for the value of the dismantled part and the costs to repair and complete the remaining part to be similar to the house or construction before dismantling.
For houses and constructions that do not meet technical standards, the provincial People's Committee will stipulate a specific compensation level suitable to the actual conditions of the locality.
