Decree No. 88/2024/ND-CP details and guides the implementation of Clause 3, Article 87, Article 92, Article 94, Article 95, Article 96, Article 98, Article 99, Article 100, Article 102, Article 106, Article 107, Article 108, Article 109 and Article 111 of the Land Law on compensation, support and resettlement when the State recovers land.
Compensation by land with a different purpose than the type of land recovered or by housing when the State recovers land as prescribed in Clause 1, Article 96, Clause 1, Article 98, Clause 1, Article 99 of the Land Law.
Decree No. 88/2024/ND-CP stipulates compensation in the form of land with a different purpose than the type of recovered land or in the form of housing when the State recovers land as prescribed in Clause 1, Article 96, Clause 1, Article 98, Clause 1, Article 99 of the Land Law.
According to regulations, the land price for calculating land use fees when compensating with land with a different purpose of use than the type of land recovered for households, individuals, and people of Vietnamese origin residing abroad who are using residential land or owning houses attached to land use rights in Vietnam is the land price determined according to the land price list at the time of approval of the compensation, support, and resettlement plan; in case of compensation by land lease with land rent paid in one lump sum for the entire lease term, the land price for calculating land rent is the specific land price decided by the People's Committee at the competent level at the time of approval of the compensation, support, and resettlement plan.
Land price for calculating land use fee and land rent when compensating with land with a different purpose than the type of land recovered for economic organizations with recovered residential land is the specific land price decided by the People's Committee at the competent level at the time of approving the compensation, support and resettlement plan.
People whose land is recovered are compensated with land with a different purpose of use than the type of recovered land or with housing where there is a difference in value between the compensation and support for land and the land use fee, land rent payable when being allocated land, renting other land or money to buy housing, it will be handled as follows:
In case the compensation and support for land is greater than the land use fee or land rent payable when land is allocated or leased for a purpose other than the type of recovered land or the house purchase price, the person whose land is recovered shall receive the difference;
In case the compensation and support for land is less than the land use fee or land rent payable when land is allocated or leased for a purpose different from the type of recovered land or the house purchase price, the person whose land is recovered must pay the difference.
The Provincial People's Committee shall, based on the land fund, housing fund and actual situation in the locality, prescribe the conversion rate and compensation conditions in terms of land with a different purpose of use from the type of recovered land or in terms of housing to compensate people whose land is recovered as prescribed.
Other cases of land compensation and conditions for land compensation are prescribed in Clause 3, Article 95 of the Land Law.
Other cases of land compensation and conditions for land compensation stipulated in Clause 3, Article 95 of the Land Law include:
1- Households and individuals currently using land without documents on land use rights but are eligible for a Certificate of land use rights and ownership of assets attached to land (hereinafter referred to as a Certificate of land use rights) according to the provisions of Clauses 1, 2, 3, 4, 5 and 6, Article 138 of the Land Law.
2- Households and individuals who are using land in violation of land laws before July 1, 2014 and have been using the land stably, are in the cases considered for granting a Land Use Right Certificate according to the provisions of Clause 1, Point a and Point c, Clause 2, Clause 3, Clause 4, Article 139 of the Land Law.
3- Households and individuals who are using land allocated without proper authority according to the provisions of the law on land at the time of allocation or using land due to purchasing, receiving liquidation, pricing, distributing houses and construction works attached to land not in accordance with the provisions of law but have used the land stably before July 1, 2014.
In case of land allocated without proper authority from July 1, 2014 to before the effective date of the Land Law, there must be documents proving that money has been paid to use the land.
4- Households and individuals currently using land with documents on land use rights where the land type determined on the issued documents is different from the land classification as prescribed in Article 9 of the Land Law or different from the current land use status shall be compensated according to the land type after being re-determined as prescribed in Clause 2, Article 10 of the Land Law.
5- Households and individuals directly engaged in agricultural production are using agricultural land that has been used stably before July 1, 2004 but do not meet the conditions for being granted a Land Use Right Certificate.
Compensation for land when the State reclaims land in cases where the actual measured area is different from the area recorded on land use right papers
The Decree also stipulates land compensation when the State reclaims land in cases where the actual measured area is different from the area recorded on land use right documents.
According to regulations, households and individuals who are using land when the State reclaims land and the actual measured area is different from the area recorded on the Certificate of land use rights, Certificate of house ownership rights and land use rights, Certificate of land use rights, house ownership rights and other assets attached to land, Certificate of land use rights, ownership rights of assets attached to land that has been granted (hereinafter referred to as Certificate) or documents specified in Article 137 of the Land Law, shall be compensated for land as follows:
1- If the actual measured area is smaller than the area recorded on the Certificate or documents specified in Article 137 of the Land Law, compensation for land shall be based on the actual measured area as prescribed in Clause 6, Article 135 of the Land Law.
In case the actual measurement for land acquisition has been completed but later due to natural disasters, landslides, subsidence, the area of the measured land plot is changed at the time of preparing the compensation, support, and resettlement plan, the measured data shall be used to prepare the compensation, support, and resettlement plan.
2- In case there is a difference in land area where the actual measurement data is larger than the data recorded on the Certificate or documents specified in Article 137 of the Land Law, and there is no dispute with adjacent land users, the compensation area shall be determined according to the actual measurement data as prescribed in Clause 6, Article 135 of the Land Law.
3- In case the Certificate or documents specified in Article 137 of the Land Law have incorrect locations and coordinates, compensation shall be considered according to the correct locations and coordinates when actually measured.
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