Conditions for compensation when the State reclaims land for national defense and security purposes.

Article 95 of the 2024 Land Law stipulates the conditions for compensation when the State reclaims land for national defense and security purposes; and for socio-economic development in the national and public interest, as follows:

1. Cases eligible for land compensation when the State reclaims land for national defense and security purposes; and for socio-economic development in the national and public interest include:

a) Households and individuals currently using land that is not leased and for which annual rent is not paid;

b) The local community is using land with structures such as pagodas, communal houses, temples, shrines, ancestral halls, and other religious buildings; agricultural land as stipulated in Clause 4, Article 178 of this Law, and that land is not subject to disputes and is confirmed by the People's Committee of the commune where the land is located as land for common use by the community;

c) Persons of Vietnamese origin residing abroad as stipulated in Clause 1, Article 44 of this Law;

d) Religious organizations and affiliated religious organizations permitted to operate by the State that are using land that was not allocated or leased by the State; and not land acquired through transfer or donation from July 1, 2004 onwards;

d) People of Vietnamese origin residing abroad who are allocated land by the State with payment of land use fees, leased land with a one-time payment of rent for the entire lease period; receive the transfer of land use rights in industrial parks, industrial clusters, high-tech zones, and economic zones;

e) Organizations to which the State allocates land with payment of land use fees, leases land with a one-time payment of rent for the entire lease period; receives inherited land use rights, receives transferred land use rights, or receives capital contributions in the form of land use rights;

g) Foreign organizations with diplomatic functions may lease land from the State and pay the land rent in a lump sum for the entire lease period;

h) Economic organizations, people of Vietnamese origin residing abroad, and economic organizations with foreign investment capital are allocated land by the State with payment of land use fees to implement investment projects for the construction of housing for sale or for sale combined with leasing; or leased land with a one-time payment of land rent for the entire lease period.

2. Cases stipulated in Clause 1 of this Article shall be compensated for land when one of the following conditions is met:

a) Possess a Certificate of Land Use Rights or a Certificate of Ownership of Housing and Land Use Rights or a Certificate of Land Use Rights, Ownership of Housing and Other Assets Attached to Land or a Certificate of Land Use Rights and Ownership of Assets Attached to Land;

b) There is a decision on land allocation, a decision on land lease, or a decision permitting the change of land use purpose issued by a competent state agency;

c) Having 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 as prescribed in Article 137 of this Law;

d) Receiving the transfer of land use rights in accordance with the law from a person who has the legal right to use the land but has not yet completed the land registration procedures;

d) The right to use the land as agreed in the mortgage contract to settle the debt; a document acknowledging the results of the land use right auction where the winning bidder has fulfilled their financial obligations as prescribed by law.

3. The Government shall stipulate other cases eligible for land compensation and the conditions for receiving land compensation.