Clause 12, Article 3 of the 2013 Land Law explains that land compensation is the State returning the value of land use rights for the recovered land area to the land user.
Clause 2, Article 74 of the Land Law clearly states: “1. Land users who, when the State recovers land, meet the compensation conditions prescribed in Article 75 of this Law, will receive compensation.
2. Compensation is carried out by allocating land with the same use purpose as the recovered land. If there is no land for compensation, compensation will be made in money according to the specific land price of the recovered land set by the Committee. Provincial people decide at the time of land recovery decision".
From the time of notification of land recovery until the issuance of a decision to recover land is a relatively long period of time. (Photo: Xuan Tien)
According to the above regulations, the principle of compensation when the State recovers land is implemented by allocating land with the same use purpose as the recovered land.
In case there is no land for compensation, compensation will be made in money according to the specific land price of the type of land recovered, decided by the Provincial People's Committee at the time of land recovery decision.
Specifically, Article 114 of the 2013 Land Law states that the determination of specific land prices must be based on investigation, collection of information on land plots, market land prices and information on land prices in the land database. land and must apply appropriate land valuation methods.
Thus, the law stipulates that the time to determine compensation land price is when there is a decision to recover land. However, in reality it is impossible to determine the exact time, because according to Article 67 of the Land Law 2013 on the land recovery process, before issuing a land recovery decision, the competent authority to recover land must issue a land recovery notice no later than 90 days for agricultural land and 180 days for non-agricultural land.
Thus, from the time of notice of land recovery until the issuance of the decision to recover land is a relatively long period of time.
According to Point dd, Clause 4, Article 114 of the 2013 Land Law, Clause 5, Article 4 of Decree 44/2014/ND-CP and Clause 4, Article 3 of Decree 01/2017/ND-CP, the specific land price is determined by the method The land price adjustment coefficient applies to the case of calculating land compensation when the State recovers land.
The formula for calculating land price is as follows:
Value of land plot to be valued (01m2) = Land price in the land price list x Land price adjustment coefficient (K coefficient)
In which: – Land prices in the land price list issued by the People's Committees of provinces and cities apply in each 05-year period.
– The land price adjustment coefficient when calculating compensation is decided by the Provincial People's Committee but will be decided at the time the State decides to recover.
In other words, the land price adjustment coefficient does not apply each year or each period as in the case of calculating land use fees when issuing Red Books and Pink Books for areas exceeding the limit.
BAO HUNG
