Newest regulations on recompense for damage caused by land requisition in Vietnam

Newest regulations on recompense for damage caused by land requisition in Vietnam (Image from the Internet)

1. Newest regulations on recompense for damage caused by land requisition in Vietnam

According to Clause 7, Article 90 of the Land Law 2024, recompense for damage caused by land requisition in Vietnam is implemented as follows:

- In case of destruction of requisitioned land, compensation is made in cash according to the market price at the time of payment;

- In case of loss of income due to land requisition, compensation is determined based on the actual income loss from the date of handover of requisitioned land to the return of requisitioned land stated in the decision to return the requisitioned land. The actual income loss must be consistent with the income derived from the requisitioned land under normal conditions before the requisition;

- In case of property damage caused by land requisition, compensation is determined according to the market price at the time of payment;

- The Chairman of the Provincial People’s Committee and the Chairman of the District People’s Committee where the requisitioned land is located establish a Council to determine the recompense for damage caused by land requisition in Vietnam based on the 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 decide the compensation level;

- recompense for damage caused by land requisition in Vietnam is paid by the state budget in a lump sum directly to the owner of the requisitioned land and the owner of properties associated with the requisitioned land within no more than 30 days from the date of land return.

2. Detailed regulations on the procedure for land requisition in Vietnam

The procedures for land requisition in Vietnam are specified in Article 29 of the Decree 102/2024/ND-CP as follows:

- The land requisition decision and the confirmation document of land requisition include the following main contents:

+ Full name, position, unit of the person deciding the land requisition;

+ Name and address of the person whose land is requisitioned or the person managing and using the requisitioned land;

+ Name and address of the organization, full name, and address of the person assigned to use the requisitioned land;

+ Purpose and duration of land requisition;

+ Location, area, type of land, and properties associated with the requisitioned land;

+ Time for handover of the requisitioned land.

- Returning requisitioned land to the user upon the expiration of the requisition period is executed as follows:

+ The person authorized to decide the land requisition issues a decision to return the requisitioned land and sends it to the person whose land is requisitioned;

+ In case the person whose land is requisitioned voluntarily donates it to the State, the procedure for donating the land use right is carried out in accordance with the law.

- Responsibility for determining recompense for damage caused by land requisition in Vietnam is as follows:

+ The Chairman of the District People’s Committee where the requisitioned land is located is responsible for determining the level of recompense for damage caused by land requisition in Vietnam, except as stipulated in Point b, Clause 3, Article 29 of the Decree 102/2024/ND-CP;

+ The Chairman of the Provincial People’s Committee where the requisitioned land is located is responsible for determining the level of recompense for damage caused by land requisition in Vietnam in cases where the requisitioned area spans more than one district-level administrative unit.

- The composition of the Council determining the level of recompense for damage caused by land requisition in Vietnam includes:

+ The Chairman or Vice Chairman of the People’s Committee as the Chairman of the Council;

+ Members from agencies with functions of land and finance management, and other relevant members;

+ Representative of the authority of the person competent to decide the land requisition;

+ Representatives from the District People’s Court and the District People’s Procuracy where the land is located;

+ Representatives from the Vietnam Fatherland Front at the communal level;

+ The person whose land is requisitioned or their representative.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE