Regulations on recompense, support and resettlement in special cases in Vietnam as of January 1, 2025

Regulations on recompense, support and resettlement in special cases in Vietnam as of January 1, 2025  (Internet image) 

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

On January 18, 2024, the National Assembly officially passed the Land Law 2024.

Regulations on recompense, support and resettlement in special cases in Vietnam as of January 1, 2025

According to Article 92 of the Land Law 2024, regulations on recompense, support and resettlement in special cases in Vietnam are as follows:

- In case an investment project whose investment guidelines are decided or approved by the National Assembly or Prime Minister is subject to land expropriation which results in displacement of the entire population and affects the entire life, economy, society and cultural traditions of the community and requires a specific policy on recompense, support and resettlement, the People's Council of the first-level administrative division shall decide a recompense, support and resettlement policy appropriate to the actual local conditions.

- The holder of the expropriated land in the case of land expropriation prescribed in clause 3 Article 82 of this Law shall be provided with recompense, support and resettlement as in the case of land expropriation prescribed in Article 78 and Article 79 of this Law.

- For an organization whose land is expropriated without land-related recompense or an organization whose property is allocated by the State to manage or use,

+ In case the organization is allocated land by the State with land levy payment or leased out land by the State under one-off arrangement and the land levy or land rent has been paid from the state budget and the organization is allocated land by the State without land levy payment upon land expropriation by the State, the organization shall not be provided with land-related recompense but monetary support if it must relocate to a new location which is decided by a competent regulatory agency; and the maximum support level shall not exceed the land recompense level;

+ In case the land subject to expropriation by the State is being used by the people's armed force unit according to regulations in Article 79 of this Law, this unit shall remove to a new site arranged by the State or land in a suitable site shall be allocated in exchange for the expropriated land;

+ In case an organization suffers a loss of property allocated by the State to manage or use due to the land expropriation by the State and it must remove to a new site, such organization can use recompense for the property to make investment in the new site according to the investment project approved by a competent authority.

More details can be found in the Land Law 2024, which comes into force from January 1, 2025, except for the following cases:

- The provisions in Article 190 and Article 248 of the Land Law 2024 take effect from April 1, 2024.

- The establishment and approval of land use planning shall continue to be implemented in accordance with the provisions of Resolution 61/2022/QH15 on continuing to increase and enhance the effectiveness and efficiency of implementing policies and laws on planning and a number of solutions to remove difficulties and obstacles, speed up the establishment progress and improve the quality of planning for the period 2021 - 2030.

Clause 9, Article 60 of the Land Law 2024 shall take effect from the date of expiration of Resolution 61/2022/QH15.

The Land Law 2013 shall expire from January 1, 2025.

To Quoc Trinh

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