Regulations on compensation when the State reclaims agricultural land

The 2024 Land Law clearly stipulates that when the State reclaims agricultural land, people can be compensated in money or housing.

Specifically, Article 96 of this Law clearly states the cases of land compensation when the State recovers agricultural land from households and individuals:

Firstly, households and individuals using agricultural land when the State recovers land, if they meet the conditions for compensation prescribed in Article 95 of this Law, shall be compensated with agricultural land or money or land with a different purpose than the type of recovered land or with housing.

Second, for households and individuals using agricultural land when the State reclaims land, compensation for agricultural land is regulated as follows:

- The area of agricultural land to be compensated includes the area within the limits prescribed in Articles 176 and 177 of this Law and the area of land received through inheritance;

- For agricultural land area due to land use rights transfer exceeding the limit before July 1, 2014, compensation and support will be implemented according to Government regulations.

Third, for agricultural land used before July 1, 2004, where the land users are households or individuals directly engaged in agricultural production but do not meet the conditions to be granted a Certificate of land use rights and ownership of assets attached to land according to the provisions of this Law, compensation shall be made according to the Government's regulations.

When the State reclaims agricultural land, people can be compensated with money or housing (Photo: Khanh Hong)

Regarding the issue of land compensation when the State reclaims agricultural land from economic organizations, residential communities, religious organizations, and affiliated religious organizations, Article 97 of the Land Law specifically stipulates each case:

Firstly, economic organizations that are using agricultural land allocated by the State with land use fees collected, leased land with one-time land rent collected for the entire lease term, or receiving land use rights transfer when the State reclaims land, if they meet the conditions for compensation prescribed in Article 95 of this Law, shall be compensated for land.

Second, residential communities, religious organizations, and affiliated religious organizations that are using agricultural land when the State reclaims land, if they meet the conditions for compensation prescribed in Article 95 of this Law, will be compensated for land.

Article 95 of the Land Law stipulates that households and individuals using agricultural land whose land is recovered shall be compensated for land when meeting the following conditions:

- Using land that is not leased land with annual land rent payment;

- Have a Certificate of land use rights/Certificate of house ownership and land use rights/Certificate of land use rights, house ownership and other assets attached to land/Certificate of land use rights, ownership of assets attached to land;

- There is a land allocation decision/land lease decision/decision allowing change of land use purpose from a competent state agency;

- Have one of the documents on land use rights as a basis for granting a Certificate of land use rights and ownership of assets attached to land;

- Receive transfer of land use rights according to the provisions of law from a person with legal land use rights but has not completed land registration procedures;

- Land use as agreed in the mortgage contract to settle debt; document recognizing the results of the land use rights auction in which the auction winner has fulfilled financial obligations as prescribed.

Source: https://dantri.com.vn/bat-dong-san/nhung-quy-dinh-ve-boi-thuong-khi-nha-nuoc-thu-hoi-dat-nong-nghiep-20240702083056737.htm