Compensation for damage when the State requisitions land

Reply:

According to Article 90, the 2024 Land Law stipulates land requisition as follows:

1. The State requisitions land in cases of real necessity to carry out national defense and security tasks or in a state of war, emergency, or to prevent and combat natural disasters.

2. The decision on land requisition must be in writing and take effect from the time of issuance.

In urgent cases where a written decision cannot be made, the competent person may decide to requisition land orally and it shall take effect immediately; the competent person deciding to requisition must write a confirmation of the decision to requisition land at the time of requisition and give it to the person whose land is requisitioned. No later than 48 hours from the time of the oral decision to requisition land, the agency of the person who made the oral decision to requisition land shall be responsible for confirming the land requisition in writing and sending it to the person whose land is requisitioned.

3. The Minister of National Defense, the Minister of Public Security, the Minister of Transport, the Minister of Agriculture and Rural Development, the Minister of Health, the Minister of Industry and Trade, the Minister of Natural Resources and Environment, the Minister of Finance, the Chairman of the Provincial People's Committee, the Chairman of the District People's Committee have the authority to decide on land requisition and decide on the extension of land requisition. The person with the authority to decide on land requisition and decide on the extension of land requisition may not be delegated.

4. The land requisition period shall not exceed 30 days from the effective date of the land requisition decision. In case the land requisition period expires but the purpose of the requisition has not been fulfilled, the period shall be extended but not exceeding 30 days. The decision to extend the land requisition period must be expressed in writing and sent to the person whose land is requisitioned and the owner of the property attached to the requisitioned land before the end of the requisition period.

In case of war or emergency, the requisition period is calculated from the date of decision to no more than 30 days from the date of lifting the war or emergency.

5. The person whose land is requisitioned and the owner of the property attached to the requisitioned land must comply with the decision on land requisition. In case the decision on land requisition has been implemented in accordance with the provisions of law but the person whose land is requisitioned does not comply, the person who decides on land requisition shall issue a decision on compulsory enforcement and organize the enforcement or assign the Chairman of the Provincial People's Committee or the Chairman of the District People's Committee where the requisitioned land is located to organize the enforcement.

6. The person with the authority to requisition land is responsible for assigning the requisitioned land to organizations and individuals to manage and use for the right purpose and effectively; returning the land when the requisition period expires; and compensating for damages caused by the land requisition.

7. Compensation for damage caused by land requisition shall be implemented according to the following provisions:

a) In case the requisitioned land is destroyed, compensation shall be made in cash according to the land use right transfer price on the market at the time of payment;

b) In case of loss of income directly caused by land requisition, the compensation level shall be determined based on the actual loss of income calculated from the date of handover of the requisitioned land to the date of return of the requisitioned land as stated in the decision on return of the requisitioned land. The actual loss of income must be consistent with the income generated by the requisitioned land under normal conditions before the time of land requisition;

c) In case the property is damaged directly due to land requisition, the compensation for damage shall be determined according to the market price of the property at the time of payment;

d) The Chairman of the Provincial People's Committee and the Chairman of the District People's Committee where the requisitioned land is located shall establish a Council to determine the level of compensation for damages caused by the requisition of land based on the declaration of the land user and the cadastral records. Based on the level of compensation determined by the Council, the Chairman of the Provincial People's Committee and the Chairman of the District People's Committee shall decide on the level of compensation;

d) Compensation for damage caused by land requisition shall be paid by the State budget in one lump sum, directly to the person whose land is requisitioned and the owner of the property attached to the requisitioned land within no more than 30 days from the date of land return.

8. The Government shall detail this Article.