Determination of land compensation levels for damage during land requisition process in Vietnam

Determination of land compensation levels for damage during land requisition process in Vietnam​ (Image from the Internet)

What is the maximum duration for state land requisition in Vietnam?

Pursuant to Clause 2, Article 90 of the Land Law 2024, the duration of land requisition shall not exceed 30 days from the date the requisition decision takes effect. If the purpose of the requisition is not yet fulfilled by the end of this duration, an extension may be granted but not exceeding 30 days.

The decision to extend the requisition must be in writing and sent to the individual whose land is requisitioned and the owner of any attached assets before the end of the requisition period.

Thus, the maximum duration for which the State can requisition land from the land user is not more than 30 days (not including the extension period). If the requisition is extended, the extension period shall not exceed 30 days from the effective date of the extension. Since the Land Law 2024 does not specify the number of extension times for land requisition, the competent agency can extend multiple times until the task is completed.

Can land requisition be delegated in Vietnam?

Pursuant to Clause 3, Article 90 of the Land Law 2024, the following authorized individuals for land requisition decisions or extension of requisition decisions cannot delegate their authority:

- Minister of National Defense;

- Minister of Public Security

- Minister of Transport

- Minister of Agriculture and Rural Development

- Minister of Health

- Minister of Industry and Trade,

- Minister of Natural Resources and Environment,

- Minister of Finance,

- Chairman of Provincial People's Committee,

- Chairman of District People's Committee.

Determining the compensation level for damaged land during the land requisition process in Vietnam

The compensation for damages caused by the land requisition is implemented according to Clause 7, Article 90 of the Land Law 2024 as follows:

- In cases where requisitioned land is destroyed, compensation shall be made in cash according to the market price for the transfer of land use rights at the time of payment;

- In cases where income is directly affected by the land requisition, the compensation amount is determined based on the actual income loss from the date of land requisition to the date of land return as recorded in the land return decision. The actual income loss must align with the income derived from the requisitioned land under normal conditions before the requisition;

- In cases where assets are damaged directly due to land requisition, the compensation amount is determined according to the market transfer price of the assets at the time of payment;

- The Chairman of the Provincial People’s Committee and the Chairman of the District People’s Committee where the land is requisitioned shall establish a Council to determine the compensation level for damages caused by the land requisition, based on the land user’s declaration and cadastral records. Based on the compensation level determined by the Council, the Chairman of the Provincial People’s Committee and the Chairman of the District People’s Committee shall decide the compensation amount;

- The compensation for damages caused by land requisition is paid in one installment by the state budget, directly to the person whose land is requisitioned or the owner of any attached assets within no more than 30 days from the date the land is returned.

Thus, if land is damaged during land requisition, the land user will be compensated in cash by the State at the market transfer price for land use rights at the time of payment.

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