Compensation for damages when the State requisitions land.

Reply:

According to Article 90 of the 2024 Land Law, the regulations on land requisition are as follows:

1. The State may requisition land in cases of absolute necessity to fulfill national defense and security tasks, or in situations of war, emergency, or disaster prevention and control.

2. Decisions to requisition land must be in writing and take effect from the date of issuance.

In emergency situations where a written decision is not possible, the competent authority may make a verbal decision to requisition land, which takes effect immediately; the competent authority making the requisition decision must write a confirmation of the decision at the time of requisition and give it to the landowner. No later than 48 hours from the time of the verbal decision to requisition land, the agency of the person who made the verbal decision is responsible for confirming the requisition in writing and sending it to the landowner.

3. The Minister of National Defence, 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 Chairpersons of Provincial People's Committees, and the Chairpersons of District People's Committees have the authority to decide on land requisition and the extension of land requisition. Those with the authority to decide on land requisition and the extension of land requisition may not delegate this authority.

4. The land requisition period shall not exceed 30 days from the effective date of the land requisition decision. If the purpose of the requisition has not been achieved by the expiration of the requisition period, it may be extended, but not for more than 30 days. The decision to extend the land requisition must be in writing and sent to the landowner and the owner of the assets attached to the land before the end of the requisition period.

In the event of war or a state of emergency, the requisition period shall be calculated from the date of the decision until no more than 30 days from the date of the lifting of the state of war or state of emergency.

5. Landowners and owners of assets attached to the requisitioned land must comply with the land requisition decision. If the land requisition decision has been implemented in accordance with the law but the landowner refuses to comply, the person who issued the requisition decision shall issue a decision to enforce the requisition 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 land is located to organize the enforcement.

6. The person authorized to requisition land is responsible for assigning the requisitioned land to organizations and individuals for management and use in accordance with the intended purpose and effectively; returning the land upon the expiration of the requisition period; and compensating for damages caused by the land requisition.

7. Compensation for damages caused by land requisition shall be carried out in accordance with the following regulations:

a) In cases where the requisitioned land is destroyed, compensation shall be made in cash based on the market price of land use rights at the time of payment;

b) In cases where income is directly lost due to land requisition, the compensation amount shall be determined based on the actual income loss from the date of land requisition to the date of land return as stated in the land return decision. The actual income loss must be consistent with the income generated by the requisitioned land under normal conditions before the land requisition;

c) In cases where property is damaged directly as a result of land requisition, the compensation amount shall be determined based on the market value of the property at the time of payment;

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

d) Compensation for damages caused by land requisition shall be paid by the State budget in a single payment, directly to the person whose land is requisitioned and the owner of assets attached to the requisitioned land, within a period not exceeding 30 days from the date of land return.

8. The Government shall provide detailed regulations for this Article.

PV