Will I be compensated for land purchased with a handwritten document when it is recovered?

Buying land with handwritten documents is understood as buying and selling, trading land through documents and contracts but these documents are not notarized or certified.

However, not all cases of land sale and purchase by handwritten documents are not recognized as valid. Pursuant to Clause 1, Article 82 of Decree 43/2014/ND-CP, amended and supplemented by Clause 54, Article 2 of Decree 01/2017/ND-CP:

- Land sale and purchase contracts by handwritten documents before July 1, 2014 are recognized as valid;

- In case of land sale and purchase by handwritten document from July 1, 2014 to present, the land sale and purchase contract must be notarized and authenticated. Therefore, the law will not recognize the legal validity of land sale and purchase transactions by handwritten document at this time.

People who buy land with handwritten documents can still be considered for land compensation when the State reclaims land for the purpose of national defense, security, and socio-economic development. (Photo: V. Van) — People who buy land with handwritten documents can still be considered for land compensation when the State reclaims land for the purpose of national defense, security, and socio -economic development. (Photo: V. Van)

Article 75 of the 2013 Land Law stipulates the conditions for compensation when the State recovers land for national defense and security purposes; socio-economic development for national and public interests as follows: " Households and individuals currently using land other than leased land with annual land rent payment, having a Certificate of land use rights, a Certificate of house ownership rights and land use rights, a Certificate of land use rights, house ownership rights and other assets attached to land (hereinafter referred to as the Certificate) or having sufficient conditions to be granted a Certificate of land use rights, house ownership rights and other assets attached to land according to the provisions of this Law but have not been granted, except for the cases specified in Clause 2, Article 77 of this Law.

Overseas Vietnamese who are eligible to own houses attached to land use rights in Vietnam and have a Certificate or are eligible to be granted a Certificate of land use rights, house ownership rights and other assets attached to land according to the provisions of this Law but have not been granted one. "

According to the above regulations, in order for households and individuals to be compensated for land when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests, the following conditions must be met:

- Households and individuals using land that is not rented land must pay annual land rent;

- Having a Certificate of land use rights or being eligible to be granted a Certificate according to the provisions of this law but not yet being granted.

Thus, one of the important conditions for land compensation when the State reclaims land is that the reclaimed land has been granted a Land Use Right Certificate or is eligible for a Land Use Right Certificate.

According to Clause 54, Article 2 of Decree 01/2017/ND-CP, land users who fall into one of the following cases and are not in the cases specified in Clause 2, Article 82 of Decree 43/2014/ND-CP, the land users shall carry out land registration procedures, issue Certificates of land use rights, house ownership rights and other assets attached to land without having to carry out procedures for transferring land use rights:

- Land users who are using land due to receiving land use rights transfer before January 1, 2008;

- Land users who are using land due to land use right transfer from January 1, 2008 - before July 1, 2014 and have documents on land use rights as prescribed in Article 100 of the 2013 Land Law and Article 18 of Decree 43/2014/ND-CP (amended and supplemented by Decree 01/2017/ND-CP).

Thus, in case of buying land with handwritten documents that fall into one of the two above cases, the Certificate of land use rights, house ownership rights and other assets attached to the land will still be granted according to regulations.

At that time, people who buy land with handwritten documents can still be considered for land compensation when the State reclaims land for the purpose of national defense, security, and socio-economic development.

Bao Hung

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