Cases not eligible for land compensation
(Baonghean) - Question: In what cases does the State reclaim land without compensation for the land?
Reply:According to Article 82 of the Land Law (amended in 2013), the following cases of land recovery will not be compensated for land:
- Land allocated by the State does not collect land use fees, except for agricultural land allocated by the State to households and individuals directly engaged in agricultural production, forestry, aquaculture, and salt production, who are allocated agricultural land within the prescribed limit;
- Land allocated by the State to organizations in cases where land use fees are collected but land use fees are exempted;
- Land leased by the State with annual land rent; land leased with one-time land rent payment for the entire lease term but exempted from land rent, except for households and individuals using leased land due to implementation of policies for people with revolutionary contributions;
- Agricultural land belongs to the public land fund of communes, wards and towns;
- Land contracted for agricultural and forestry production, aquaculture, salt production.
- Land assigned by the State for management;
- Land is recovered in cases of violations of land laws (stipulated in Article 64) and Article 65 of this law;
- In case of not meeting the conditions for granting a Certificate of land use rights, house ownership rights and other assets attached to land according to the provisions of this law, except for agricultural land used before July 1, 2004, where the land user is a household or individual directly engaged in agricultural production but does not have a certificate or does not meet the conditions for being granted a Certificate of land use rights, house ownership rights and other assets attached to land according to the provisions of this law, compensation shall be made for the actual land area in use, the area to be compensated shall not exceed the limit for agricultural land allocation.
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