Cases in which compensation is not provided for property attached to land when the state recovers land according to the Land Law 2024 in Vietnam

Cases in which compensation is not provided for property attached to land when the state recovers land according to the Land Law 2024 in Vietnam​ (Image from Internet)

1. Cases in which compensation is not provided for property attached to land when the state recovers land according to the Land Law 2024 in Vietnam

According to Article 105 of the Land Law 2024, cases where compensation is not provided for assets attached to land when the State recovers land in Vietnam include:

- Assets attached to land fall under one of the recovery cases stipulated in Clauses 1, 2, 4, 5, and 8 of Article 81, Points b and c of Clause 1 of Article 82 of the Land Law 2024.

- Assets attached to land were established in violation of legal regulations or created during the period of validity of the land recovery notice from the competent state authority according to the Land Law 2024.

- Assets attached to land are parts of the constructions built according to a temporary construction permit as per construction law, and the permit had expired by the time of land recovery.

Owners of assets as stipulated in Clause 3, Article 105 of the Land Law 2024 are supported in dismantling, demolition, or relocation.

- Technical infrastructure works, social infrastructure works, and other constructions where the owner determines there is no longer a need to use before the time of the competent authority's decision on land recovery.

2. Regulations on compensation for plants and animals when the State recovers land in Vietnam

According to Article 103 of the Land Law 2024, when the State recovers land causing damage to plants and animals, compensation is conducted as follows:

- For annual crops, the compensation is calculated based on the value of the harvest yield for that crop. The harvest yield value is calculated according to the highest yield in the three consecutive previous years of that crop type in the locality and the compensation price.

- For perennial trees, the compensation is calculated according to the actual damage value of the tree garden.

For perennial trees that can be harvested multiple times and are in the harvesting period, the compensation is calculated based on the unharvested garden yield corresponding to the remaining years in the harvest cycle and the compensation price.

- For crops not yet harvested but capable of being moved to another location, compensation for relocation costs and actual damage due to relocation and replanting shall be provided.

For planted forest trees funded by the state budget and natural forest trees assigned to organizations, households, or individuals for planting, management, care, and protection, the compensation is based on the actual damage value of the tree garden; the compensation is distributed to those managing, caring for, and protecting the trees according to forestry law.

- When the State recovers land causing damages to aquatic animals or other animals that cannot be relocated, compensation for actual damages is provided according to specific compensation rates set by the provincial People's Committee.

- Owners of plants and animals as stipulated in Clauses 1, 2, 3, and 4 of Article 103 of the Land Law 2024 are permitted to collect plants and animals before handing over the land to the State.

- The provincial People's Committee issues compensation unit prices for plant and animal damages according to the production process developed by the Ministry of Agriculture and Rural Development or as issued by the locality according to the law; the compensation unit prices for plants and animals stipulated in Article 103 of the Land Law 2024 must ensure they are in line with market prices and must be adjusted in the event of fluctuations to provide a basis for calculating compensation when the land is recovered.

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