In which, it is proposed to regulate land compensation when the State reclaims land in cases where the actual measured area is different from the area recorded on land use right papers.
Specifically, households and individuals currently using land with a Certificate of Land Use Rights or a Certificate of House Ownership and Land Use Rights or a Certificate of Land Use Rights, House Ownership and Other Assets Attached to Land or a Certificate of Land Use Rights, Property Ownership and Other Assets Attached to Land (hereinafter referred to as the Certificate of Land Use Rights) or documents on land use rights specified in Article 137 of the Land Law, where the actual measured area is different from the area recorded on the Certificate of Land Use Rights or documents on land use rights specified in Article 137 of the Land Law, shall be compensated for land as follows:
Firstly, in case there is a difference in area between the actual measurement data and the data recorded on the Land Use Rights Certificate or documents specified in Article 137 of this Law, but the boundary of the land plot in use remains unchanged compared to the boundary of the land plot at the time of the Land Use Rights Certificate or documents on land use rights specified in Article 137 of the Land Law, and there is no dispute with adjacent land users, compensation for land shall be as follows:
If the actual measured area is smaller than the area recorded on the Land Use Rights Certificate or land use rights documents specified in Article 137 of the Land Law, land compensation shall be based on the actual measured area.
If the actual measured area is larger than the area recorded on the Land Use Right Certificate or land use right documents specified in Article 137 of the Land Law, compensation for land will be made due to previous inaccurate measurements or due to the land user not declaring the entire area when declaring and registering previously, but the boundary of the land plot in use is determined to be unchanged, there is no dispute with adjacent land users, and there is no encroachment or occupation, then compensation for land will be made according to the actual measured area.
Second, in case the actual measured land area is larger than the area recorded on the Land Use Right Certificate or land use right documents specified in Article 137 of the Land Law, the land plot boundary has changed compared to the land plot boundary at the time of the Land Use Right Certificate or land use right documents specified in Article 137 of the Land Law, land compensation shall be implemented as follows:
If the additional land area due to transfer, inheritance, or donation of land use rights already has a Land Use Rights Certificate or documents on land use rights as prescribed in Article 137 of the Land Law, compensation shall be made according to the actual measured area.
If the additional land area does not have documents on land use rights as prescribed in Article 137 of the Land Law, the land has been used stably and is not in dispute, and meets the conditions for recognition of land use rights as prescribed in Article 138 of the Land Law, compensation shall be made according to the actual measured area.
In case the additional land area is confirmed by the People's Committee of the commune where the land is located that the larger area is due to reclamation of land that has been used stably and is not in dispute, compensation will be made according to the actual measured area.
Third, for the land area that is larger than the land area recorded on the Land Use Rights Certificate or documents on land use rights specified in Article 137 of the Land Law, and the larger land area is due to encroachment or occupation, no land compensation will be paid.
Fourth, compensation for property in cases of land recovery as prescribed in Clauses 1 and 2 of this Article shall be implemented in accordance with the provisions of the Land Law and this Decree.
Land users who are compensated for land in the above cases but have not yet fulfilled their financial obligations regarding land to the State must deduct the amount of money required to fulfill financial obligations as when being granted a Certificate of land use rights and ownership of assets attached to land from the amount of land compensation.
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