Regulations on compensation for damage to crops and livestock caused by land expropriation by the State.
Mr. NQH from Nghi Loc asks: When the State reclaims land and causes damage to crops and livestock, how is compensation handled?
Article 103 of the 2024 Land Law stipulates compensation for crops and livestock when the State reclaims land as follows:
1. For annual crops, compensation is calculated based on the value of the harvest yield for that crop. The value of the harvest yield is calculated based on the highest yield of that crop in the three preceding years in the locality and the compensation unit price;

2. For perennial trees, compensation is calculated based on the actual value of the damage to the orchard.
For perennial crops that yield multiple harvests and are currently in the harvesting period, compensation is calculated based on the yield of the orchard that remains unharvested for the remaining years in the harvesting cycle and the compensation unit price;
3. For unharvested crops that can be moved to another location, compensation will be provided for the relocation costs and actual losses incurred due to the relocation and replanting.
For planted forests funded by the state budget, and for natural forests entrusted to organizations, households, and individuals for planting, management, care, and protection, compensation will be based on the actual value of the damage to the plantation; the compensation money will be distributed to the managers, caretakers, and protectors in accordance with the law on forestry.
4. When the State reclaims land and causes damage to aquatic animals or other livestock that cannot be relocated, compensation for actual damage shall be provided according to the specific compensation rates stipulated by the Provincial People's Committee;
5. Owners of crops and livestock as stipulated in Clauses 1, 2, 3, and 4 of this Article may reclaim the crops and livestock themselves before handing the land back to the State;
6. Provincial People's Committees shall issue compensation rates for damage to crops and livestock according to production processes issued by the Ministry of Agriculture and Rural Development or by localities in accordance with the law; the compensation rates for damage to crops and livestock stipulated in this Article shall ensure consistency with market prices and shall be reviewed and adjusted when fluctuations occur to serve as a basis for calculating compensation when land is reclaimed.


