Regulations on compensation when reclaiming non-agricultural land other than residential land
Mr. NQD in Dien Chau district asked: When the State reclaims non-agricultural land that is not residential land, how is land compensation regulated?
Article 100 of the 2024 Land Law stipulates compensation for land when the State recovers non-agricultural land that is not residential land from economic organizations, public service units, residential communities, religious organizations, affiliated religious organizations, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions, and economic organizations with foreign investment capital as follows:
1. Economic organizations and overseas Vietnamese who are using non-agricultural land other than residential land or cemetery land when the State reclaims the land, if they meet the conditions for compensation prescribed in Article 95 of this Law, shall be compensated with land of the same purpose of use; in case there is no land available for compensation, they shall be compensated in cash.
2. Economic organizations using land allocated by the State to implement cemetery infrastructure investment projects and build facilities for storing ashes as prescribed in Clause 2, Article 119 of this Law, and economic organizations prescribed in Article 42 of this Law using non-agricultural land that is not residential land due to capital contribution in the form of land use rights, when the State recovers land, if they meet the conditions for compensation prescribed in Article 95 of this Law, they shall be compensated for land.
3. Economic organizations, public service units, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions, economic organizations with foreign investment capital that are using non-agricultural land leased by the State and pay land rent in one lump sum for the entire lease term, when the State reclaims the land, if they meet the conditions for compensation prescribed in Article 95 of this Law, they will be compensated for the land.
4. Residential communities, religious organizations, and affiliated religious organizations that are using non-agricultural land when the State reclaims land, if they meet the compensation conditions prescribed in Article 95 of this Law, shall be compensated for land.
5. The Government shall detail this Article.
