Real Estate

The New Regulations on Compensation, Support, and Resettlement for State Land Acquisition

On July 13, 2024, the government issued a new regulation on compensation, support, and resettlement for state land acquisition. This comprehensive regulation outlines the rights and entitlements of those impacted by eminent domain, ensuring fair and just treatment. The regulation is a testament to the government's commitment to upholding the rights of its citizens while also facilitating necessary development projects. It strikes a delicate balance between progress and the well-being of its people, setting a precedent for equitable land acquisition processes.

Administrator

20 July, 2024

Decree No. 88/2024/ND-CP dated July 13, 2024, on Compensation, Support, and Resettlement in Cases of State Land Recovery

This decree stipulates the compensation with land of different use purposes or with housing in cases of state land recovery as prescribed in Clause 1, Article 96; Clause 1, Article 98; and Clause 1, Article 99 of the Land Law.

The land price for calculating land use fees in cases of compensation with land of a different use purpose is determined according to the land price framework at the time of approval of the compensation, support, and resettlement plan. In cases of compensation through land leasing with one-time land rent payment for the entire lease period, the land price for calculating land rent is the specific land price decided by the competent provincial People’s Committee at the time of approval of the compensation, support, and resettlement plan.

For cases of compensation with land of a different use purpose or with housing, if there is a difference in value between the compensation and support amount for land and the land use fee or rent, or the amount for purchasing housing that must be paid when allocated or leased land of a different use purpose or when purchasing housing, it shall be handled as follows:

If the compensation and support amount for land is higher than the land use fee or rent that must be paid when allocated or leased land of a different use purpose or when purchasing housing, the land recovery beneficiary shall be entitled to receive this difference.

If the compensation and support amount for land is lower than the land use fee or rent that must be paid when allocated or leased land of a different use purpose or when purchasing housing, the land recovery beneficiary must pay this difference.

The provincial People’s Committee shall, based on the land fund, housing fund, and actual conditions in the locality, stipulate the conversion ratio and conditions for compensation with land of a different use purpose or with housing for the land recovery beneficiary.

Other Cases of Land Compensation and Conditions for Land Compensation

Other cases of land compensation and conditions for land compensation as prescribed in Clause 3, Article 95 of the Land Law include:

Households and individuals who are using land without land use right certificates but meet the conditions for land use right certification as prescribed in Clauses 1, 2, 3, 4, 5, and 6, Article 138 of the Land Law.
Households and individuals who were violating land laws before July 1, 2014, but have been using the land stably and fall under the cases eligible for consideration for land use right certification as prescribed in Clause 1, Point a and Point c of Clause 2, Clause 3, and Clause 4, Article 139 of the Land Law.
Households and individuals who are using land allocated by incompetent authorities according to land law provisions at the time of allocation, or who are using land due to the purchase, acceptance of liquidation, valuation, or distribution of houses and constructions attached to the land contrary to legal regulations, but have been using the land stably before July 1, 2014.
For cases of land allocated by incompetent authorities from July 1, 2014, until the effective date of the Land Law, there must be documents proving that payment has been made for land use.
Households and individuals who are using land and have land use right certificates, but the type of land determined on the certificates is different from the land classification prescribed in Article 9 of the Land Law or different from the actual land use purpose. In this case, compensation shall be made according to the land type determined again as prescribed in Clause 2, Article 10 of the Land Law.
Households and individuals directly producing agriculture who have been using agricultural land stably before July 1, 2004, but do not meet the conditions for land use right certification.

Land Compensation in Cases of State Land Recovery when the Measured Area is Different from the Area Recorded in Land Use Right Certificates

This decree also stipulates land compensation in cases of state land recovery when the measured area is different from the area recorded in land use right certificates.

If the measured area is smaller than the area recorded in the land use right certificates or other relevant papers, land compensation shall be made according to the measured area as prescribed in Clause 6, Article 135 of the Land Law.
In cases where there is a difference in land area, and the measured data is larger than the data recorded in the land use right certificates or other relevant papers, and there is no dispute with adjacent land users, the compensated area shall be determined according to the measured data as prescribed in Clause 6, Article 135 of the Land Law.
In cases where the position and coordinates on the land use right certificates or other relevant papers are inaccurate, compensation shall be considered according to the actual position and coordinates during the actual measurement.

Thuong Ngoc