What are regulations on compensations for uncertified lands that were allocated beyond authority in Vietnam?

What are regulations on compensations for uncertified lands that were allocated beyond authority in Vietnam? (Internet image)

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

1. What are regulations on compensations for uncertified lands that were allocated beyond authority in Vietnam? 

According to Article 11 of Decree 47/2014/ND-CP (amended in Decree 01/2017/ND-CP) stipulating compensation for the government’s expropriation of uncertified lands that were allocated beyond authority before 01st July 2004 and for which land use payments have been made:

- Land users shall be entitled to land compensations commensurate with the size and type of the land parcels that were allocated beyond authority before 15th October 1993 if written evidences on the payments made to relevant agencies and organizations for the use of such land parcels are available but the rights of use of such land parcels are not yet certified in writing.

- Land users shall be entitled to the following compensations for the land parcels that were allocated beyond authority from 15th October 1993 to before 01st July 2004 if written evidences on the payments for the use of such land parcels are available but the rights of use of such land parcels are not yet certified in writing:

+ Land compensations commensurate with the size and type of the land areas allocated, if there are written evidences on the payments made for the use of such land areas at the rate of fee defined in the 1993's legislation on land;

+ Land compensations commensurate with the size and type of the land areas allocated, providing that the land use fee payable (if any) has been paid according to the government’s regulations on the collection of the land use fee upon the issuance of a land use right certificate, if written evidences show that the payments for the use of such land areas were made at a rate lower than that defined in the 1993's legislation on land.

- Land users shall be entitled to land compensations commensurate with the size and type of the lands allocated beyond authority before 01st July 2004, providing that the land use fee payable (if any) has been paid according to the government’s regulations on the collection of the land use fee upon the issuance of a land use right certificate, if no written evidence on any payments for the use of the land areas allocated is available.

Thus, in cases where land allocated without proper authority is recovered by the state, compensation and support will be provided according to the following regulations.

- Receive compensation for residential land area within the local residential land allocation limit;

- For residential land area exceeding the limit: Compensation will be provided but the land use fee payable must be deducted.

2. Competence to allocate, lease land and approve change of land use purpose in Vietnam

- Provincial-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose in the following cases:

+ Allocation or lease of land to, and permission for change of land use purpose for, organizations;

+ Allocation of land to religious institutions;

+ Allocation of land to overseas Vietnamese or foreign-invested enterprises under Clause 3, Article 55 of the Land Law 2013;

+ Lease of land to overseas Vietnamese or foreign-invested enterprises under Points e and f, Clause 3, Article 56 of the Land Law 2013;

- District-level People’s Committees may decide on the allocation or lease of land, and permit change of land use purpose in the following cases:

+ Allocation or lease of land to, and permission of change of land use purpose for, households and individuals. If these subjects wish to lease or use agricultural land with an area of 0.5 ha or more for trading and service purposes, written approval from the provincial-level People’s Committee is required before the district-level People’s Committee makes decision;

+ Allocation of land to communities.

- Commune-level People’s Committees may lease land from the agricultural land fund for public purposes in their communes, wards or townships.

Note: Agencies having the competence to decide on land allocation or lease and permit change of land use purpose as prescribed in Clauses 1 and 2 of Article 59 of the Land Law 2013 may not delegate their competence.

Thus, according to the above regulations, the Provincial People's Committee and District People's Committee have the authority to allocate land.

(Article 59 of the Land Law 2013)

Nguyen Ngoc Que Anh

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