Cases in which compensation for land is not made upon land expropriation by the State in Vietnam

Cases in which compensation for land is not made upon land expropriation by the State in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Cases in which compensation for land is not made upon land expropriation by the State in Vietnam

The State shall recover land without compensation for land in the following cases:

- Cases that are not eligible for compensation for land but are eligible for compensation for the remaining investment costs on land when the State recovers the land include:

+ Land which is allocated by the State without land use levy, except the cases in which agricultural land is allocated to households and individuals as prescribed in Clause 1, Article 54 of the Land Law 2013;

+ Land which is allocated with land use levy by the State to organizations but those organizations are exempted from land use levy;

+ Land which is leased by the State with annual rental payment or leased land with full one- off rental payment for the entire lease period but the land rental is exempted, for cases in which households and individuals use land under the policies for people with meritorious services to the revolution;

+ Agricultural land belonging to the public land fund of the communes, wards or townships;

+ Contracted land for agriculture, forestry, aquaculture or salt production.

- Land which is allocated by the State for management;

- Land which is expropriated include:

+ Land is not used for the purposes for which land has been allocated, leased, or land use rights have been recognized by the State and the land users, after having been sanctioned administratively for using land for improper purposes, still continue committing the violation;

+ Land users intentionally damage land;

+ Land was allocated or leased to wrong subjects or ultra vires;

+ Land that is ineligible for transfer or donation as prescribed in this Law is transfeưed or donated;

+ Land that is allocated by the State for management is encroached or occupied;

+ Land that is ineligible for transfer of land use rights as prescribed by this Law is encroached or occupied due to the irresponsibility of land users;

+ Land users who fail to fulfill obligations to the State and have been administratively sanctioned for such violation but do not comply;

+ Land for annual crops that is not used for 12 consecutive months; land for perennial plants that is not used for 18 consecutive months; land for afforestation that is not used for 24 consecutive months;

+ Land that is allocated or leased for implementing investment projects is not used within 12 consecutive months, or the land use schedule is 24 months late compared with the schedule stated in the project documents since the hand-over in the field.

In case of not putting the land into use, the land use term may be extended 24 months and the investors shall pay a sum of money equivalent to the total land use levy or land rental for the delayed period.

If the investors still fail to put the land into use when the extended time is over, the State shall recover the land without compensation for land and land-attached assets, except due to force majeure.

- Cases of land expropriation due to termination of land use in accordance with law, voluntary return of land or risks threatening human life include:

+ Organizations to which land is allocated by the State without land use levy, or organizations to which land is allocated with land use levy and the land use levy is originated from the state budget, are dissolved, go bankrupt, move to another place, or have lower or no land use demand;

Land users which lease land with annual rental payment are dissolved, go bankrupt, move to another place, or have lower or no land use demand;

+ Individual land users die without any heir;

+ Land users return the land voluntarily;

+ Land is allocated or leased by the State for definite periods and such periods expired without extension allowed;

- Cases that are not eligible for a certificate of land use rights and ownership of houses and other land-attached assets in accordance with the Land Law 2013, except the cases prescribed in Clause 2, Article 77 of the Land Law 2013.

(Article 82 of the Land Law 2013)

2. Assistance upon land expropriation by the State in Vietnam

Specifically, Article 83 of the Land Law 2013 stipulates assistance upon land expropriation by the State in Vietnam as follows:

- Rules for provision of assistance upon land expropriation by the State:

+ In addition to compensation prescribed in this Law, land users will also receive assistance from the State upon land expropriation by the State;

+ Assistance provision shall be objective, fair, timely, transparent and conformable with law.

- Assistance upon land expropriation by the State includes:

+ Assistance in stabilization of life and production;

+ Assistance in vocational training, occupation change and job seeking in case of expropriation of agricultural land of households and individuals directly engaged in agricultural production; expropriation of land serving both accommodation and service business of households and individuals who have to be relocated afterward;

+ Assistance in relocation in case of expropriation of homestead land of households, individuals, Vietnamese nationals residing overseas who have to be relocated afterward;

+ Other kinds of assistance.

Ho Quoc Tuan

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