Conditions of eligibility for land-related recompense when the State expropriates land for national defense or security purpose in Vietnam

Conditions of eligibility for land-related recompense when the State expropriates land for national defense or security purpose in Vietnam (Image from the internet)

Conditions of eligibility for land-related recompense when the State expropriates land for national defense or security purpose in Vietnam

As stipulated in Article 95 of the Land Law 2024, the conditions of eligibility for land-related recompense when the State expropriates land for national defense or security purpose; for socio-economic development purpose in the national/public interest in Vietnam, are as follows:

(1) The cases eligible for land compensation when the State recovers land for national defense, security purposes; socio-economic development for national and public interest in Vietnam include:

- Households and individuals currently using land that is not leased with annual land rent;

- Community groups currently using land with structures such as pagodas, communal houses, temples, shrines, ancestral worship buildings, and other religious buildings; agricultural land as regulated in Clause 4, Article 178 of the Land Law 2024 and such land is not disputed, and has been confirmed by the Commune People’s Committee where the land is located as being used communally;

- Overseas Vietnamese as stipulated in Clause 1, Article 44 of the Land Law 2024;

- Religious organizations and affiliated religious organizations permitted by the State to operate and currently using land that is not allotted or leased by the State; not transferred or gifted land from July 1, 2004, onwards;

- Overseas Vietnamese given land by the State with land levy, leased with one-off land rent for the entire lease term; transferring land use rights within industrial zones, clusters, high-tech parks, economic zones;

- Organizations given land by the State with land levy, leased with one-off land rent for the entire lease term; inheriting land use rights, transferring land use rights, or capitalizing on land use rights;

- Foreign organizations with diplomatic functions leased land by the State with one-off land rent for the entire lease term;

- Economic organizations, overseas Vietnamese, foreign-invested economic organizations given land by the State with land levy to implement housing development projects for sale or for sale combined with leasing; leased with one-off land rent for the entire lease term.

(2) The cases stipulated in (1) are eligible for land compensation under one of the following conditions:

- Having a Land Use Rights Certificate or House Ownership and Land Use Rights Certificate or a Certificate of Land Use Rights, House Ownership, and Other Assets attached to the Land or a Certificate of Land Use Rights and Asset Ownership attached to the Land;

- Possessing a land allocation decision or land lease decision or land use conversion decision from a competent state authority;

- Having one of the documents regarding land use rights as the basis for issuing a Certificate of Land Use Rights, Asset Ownership attached to the Land as stipulated in Article 137 of the Land Law 2024;

- Transferring land use rights according to the law from individuals with legal land use rights but has not yet completed land registration procedures;

- Using land by agreement in a mortgage contract for debt settlement; document certifying the auction result of land use rights where the winner has fulfilled the financial obligations as required by law.

(3) The Government of Vietnam shall stipulate other cases eligible for land compensation and the conditions for such compensation.

Principles for recompense in land or money when the State expropriates land in Vietnam 

Land compensation is conducted by allocating land with the same usage purpose as the recovered land. If there is no land for compensation, compensation is made in money at the specific land price of the recovered land type determined by the competent People’s Committee at the time of approving the compensation, support, and resettlement plan. If the individual whose land is recovered is compensated with land or housing but wishes to be compensated in money, they will be compensated in money according to the registered preference when establishing the compensation, support, and resettlement plan.

For individuals whose land is recovered, if they have demand and the locality can supply a land or housing fund, consideration will be given to compensation with land of a different usage purpose than the recovered land or with housing.

(Clause 2, Article 91 of the Land Law 2024)

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