Is there any compensation for transportation costs upon land expropriation by the State in Vietnam?

Is there any compensation for transportation costs upon land expropriation by the State in Vietnam? (Internet image)

1. Is there any compensation for transportation costs upon land expropriation by the State in Vietnam?

In Article 91 of the Land Law 2013, Compensation for transportation costs upon land expropriation by the State is as follows:

- Upon land expropriation by the State, people whose assets need to be moved shall be compensated for the cost of dismantlement, transportation and installation. In case of moving machinery or production lines, the damage caused during the process of dismantlement, transportation and installation must also be compensated.

- Provincial-level People’s Committees shall prescribe the compensation amount mentioned in Clause 1 of Article 91 of the Land Law 2013

2. Regulations on land use terms in Vietnam

Pursuant to Article 15 of the Land Law 2013, the state stipulates the land use limit and land use term as follows:

- The State shall prescribe land use quotas, including allocation quotas for agricultural land, allocation quotas for residential land, recognition quotas for residential land use rights, and quotas for acquisition of agricultural land use rights.

- The State shall prescribe land use terms of the following forms:

+ Long and stable land use term;

+ Definite land use term.

3. Land use terms in Vietnam

3.1.  Land used for long and stable term

In Article 125 of the Land Law 2013, land users may use land for a long and stable term in the following cases:

- Residential land used by households or individuals.

- Agricultural land used by communities as prescribed in Clause 3, Article 131 of the Land Law 2013.

- Land for protection forest, for special-use forest and for production forest which are natural forests.

- Land for trading or services, for non-agricultural production establishments of households and individuals that are using the land stably and that land is not allocated for limited term or leased by the State.

- Land for construction of offices as prescribed at Point 1, Article 147 of this Law and land for construction of public service facilities of public non-business organization which are not self-financed as prescribed at Point 2, Article 147 of the Land Law 2013.

- Land used for national defense or security purpose.

- Land used by religious institutions as prescribed in Article 159 of this Law.

- Land for religious practices.

- Land for transportation and irrigation, land with historical-cultural relics and scenic spots and land used for the construction of other public facilities for non-commercial purposes.

- Land for cemeteries or graveyards.

- Land used by economic organizations as prescribed in Clause 3, Article 127 and Clause 2, Article 128 of the Land Law 2013.

Article 126 of the Land Law 2013 stipulates that land used for limited term is as follows:

- The term for land allocation, recognition of agricultural land use rights for households and individuals directly engaged in agricultural production as prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5, Article 129 of the Land Law 2013 is 50 years.

When the term expires, households or individuals directly engaged in agricultural production that have demand may continue using land in accordance with the land use term prescribed in Clause 1 of Article 126 of the Land Law 2013.

- The term for lease of agricultural land to households or individuals must not exceed 50 years. At the expiry of the term, households or individuals that have demand shall be considered by the State for continued leasing of the land.

- The term for land allocation or land lease to organizations for the purpose of agriculture, forestry, aquaculture or salt production; to organizations, households or individuals for the purpose of trading and services or for non-agricultural production establishments; to organizations for implementing investment projects;

To overseas Vietnamese and foreign-invested enterprises for implementing investment projects in Vietnam, shall be considered and decided on the basis of the investment projects or applications for land allocation or land lease, but must not exceed 50 years.

For large investment projects with slow recovery of capital, projects in areas with difficult socio-economic conditions or with especially difficult socio-economic conditions which require a longer term, the term of land allocation or land lease must not exceed 70 years.

For projects on construction of houses for sale or for a combination of sale and rent or for lease- purchase, the land use term shall be determined in accordance with the duration of the project.

Those who buy houses associated with land use rights may use land for a long and stable term.

At the expiry of the term, if the land users still have land use needs, the State shall consider an extension which must not exceed the term prescribed in Clause 3 of Article 126 of the Land Law 2013.

- The land lease term for the purpose of office construction of foreign organizations with diplomatic functions must not exceed 99 years. At the expiry of the term, if these organizations are still in need of the land, the State shall consider extending the land lease term or leasing another land parcel.

Each extension period must not exceed the term prescribed in this Clause.

- The lease term for land which is part of agricultural land fund for public purposes of communes, wards or townships must not exceed 5 years;

- Regarding land for construction of non-business facilities of self-financed public non-business organization as prescribed in Clause 2, Article 147 of the Land Law 2013, and other public facilities involving commercial purpose, the land use term must not exceed 70 years.

At the expiry of the term, if the land users still have land use needs, the State shall consider an extension but the extension must not exceed the term prescribed in this Clause.

- For a land parcel with multiple use purposes, the land use term shall be determined in accordance with the land use term of the land type used for the main purpose.

- The term for land allocation and land lease prescribed in this Article shall be calculated from the date of the decision on land allocation or land lease issue by a competent state agency.

3.2. Land used for limited term in Vietnam

Pursuant to Article 126 of the Land Law 2013 stipulates that  land used for limited term is as follows:

- The term for land allocation, recognition of agricultural land use rights for households and individuals directly engaged in agricultural production as prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5, Article 129 of the Land Law 2013 is 50 years.

When the term expires, households or individuals directly engaged in agricultural production that have demand may continue using land in accordance with the land use term prescribed in Clause 1 of Article 126 of the Land Law 2013.

- The term for lease of agricultural land to households or individuals must not exceed 50 years.

At the expiry of the term, households or individuals that have demand shall be considered by the State for continued leasing of the land.Is there any compensation for transportation costs upon land expropriation by the State in Vietnam? (Internet image)

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