Transitional regulations on land recovery, compensation, support and resettlement when the State recovers land

Reply:

Article 254, Land Law 2024Transitional regulations on land recovery; compensation, support, and resettlement when the State recovers land when this Law comes into effecttake effect as follows:

1. In cases where there has been a decision to reclaim land in accordance with the provisions of the law on land before the effective date of the Land Law 2024 but there has not been a decision approving the compensation, support and resettlement plan by a competent state agency, compensation, support and resettlement shall continue to be implemented in accordance with the provisions of this Law.

2. In cases where there has been a decision to recover land and a decision to approve a compensation, support and resettlement plan in accordance with the provisions of the law on land before the effective date of this Law but it has not been implemented, the approved compensation, support and resettlement plan shall continue to be implemented; the handling of late compensation payments shall be carried out in accordance with the provisions of law at the time the State issues the decision to recover land.

3. In case, before the effective date of this Law, the competent state agency has issued a document determining the investor's violation of not putting land into use or delaying putting land into use as prescribed in Point i, Clause 1, Article 64 of Land Law No. 45/2013/QH13, it shall be handled as follows:

a) In case there is no decision on land recovery, the People's Committee at the competent level shall handle the case according to the provisions in Clauses 8 and 9, Article 81 of this Law;

b) In case a land recovery decision has been issued, the land recovery shall be carried out according to the land recovery decision and land use fees, land rents, and assets invested on the recovered land shall be handled according to the provisions of law at the time the State issues the land recovery decision.

4. In cases where there is a decision on land recovery and a decision on approval of compensation, support and resettlement plan before the effective date of this Law, but a decision on land allocation for resettlement is issued after the effective date of this Law, the land price for calculating land use fees at the resettlement site shall be determined at the time of approval of the compensation, support and resettlement plan; in cases where at the time of the decision on land allocation for resettlement, the resettlement land price is lower than the land price in the compensation, support and resettlement plan, the land price at the time of issuance of the decision on land allocation for resettlement shall be applied.

5. For investment projects whose compensation, support and resettlement policy framework has been approved by the Prime Minister before the effective date of this Law but the locality has not yet approved the compensation, support and resettlement plan, policies more favorable to people whose land is recovered shall be applied according to the compensation, support and resettlement policy framework and the provisions of this Law.

6. For investment projects that are subject to agreements on receiving transfer of land use rights as prescribed in Land Law No. 45/2013/QH13, and are implementing the agreement but have not completed the agreement by the effective date of this Law, the Provincial People's Committee shall, based on the actual situation of the locality, decide to allow the continued implementation of the agreement on receiving transfer of land use rights.