The agency providing recompense to Citizens when their land is reclaimed under the newest regulations

The agency providing recompense to Citizens when their land is reclaimed under the newest regulations in Vietnam (Image from the internet)

The agency providing recompense to Citizens when their land is reclaimed under the newest regulations in Vietnam

According to Article 86 of the Land Law 2024, the agency responsible for compensating citizens when land is reclaimed in Vietnam is specified as follows:

(1) The District People's Committee is responsible for directing and organizing the implementation of compensation, support, and resettlement tasks according to the provisions of the Land Law 2024.

(2) The entities and organizations responsible for implementing compensation, support, and resettlement tasks include one or more of the following:

- Land Fund Development Organization;

- Other units or organizations with the function of implementing compensation, support, and resettlement tasks;

- Compensation, Support, and Resettlement Council.

The Compensation, Support, and Resettlement Council is established by decision of the Chairman of the District People's Committee for each project, and includes: the Chairman or Vice Chairman of the District People's Committee as the Chairperson; representatives from financial agencies, land management agencies, the Commune People's Committee where the land is reclaimed; representatives of land users who have reclaimed land; and other members decided by the Chairman of the District People's Committee to be appropriate to the local situation. Representatives from the District People's Council, the Vietnam Fatherland Front Committee at the district level, and other socio-political organizations are invited to attend the Compensation, Support, and Resettlement Council meetings to supervise.

(3) Entities and organizations responsible for carrying out compensation, support, and resettlement tasks shall cooperate with the District People's Committee to implement compensation, support, and resettlement efforts according to their assigned functions and duties.

(4) The Chairman of the Provincial People's Committee shall direct and monitor the organization and implementation of compensation, support, and resettlement tasks by the District People's Committee; promptly resolving difficulties beyond the jurisdiction of the district level.

(5) For land reclaimed according to the provisions of Articles 78 and 79 of the Land Law 2024 that has not been allocated or leased for use in urban areas, it shall be handed over to the Land Fund Development Organization for management, exploitation, and use; in rural areas, it shall be handed over to the Commune People's Committee for management.

Cases Not Entitled to Compensation for Property Attached to Land When the State Reclaims Land

Below are the cases not entitled to compensation for property attached to land when the State reclaims land according to the provisions of Article 105 of the Land Law 2024 as follows:

- Property attached to the land in one of the land reclamation cases specified in Clauses 1, 2, 4, 5, and 8 of Article 81, Points b and c of Clause 1 Article 82 of the Land Law 2024.

- Property attached to the land that was created in violation of the law or created during the effective period of the land reclamation notice by the competent state authority as prescribed by the Land Law 2024.

- Property attached to the land is part of a construction work according to a temporary construction permit under construction law, but by the time of land reclamation, the permit has expired.

The owner of the property stipulated in Clause 3, Article 105 of the Land Law 2024 is supported for dismantling, demolishing, and relocating.

- Technical infrastructure works, social infrastructure works, and other construction works that the owners determine they no longer need to use before the decision to reclaim land from the competent authority.

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