Regulations on compensation for the expropriation of non-agricultural land other than residential land.
Mr. NQD from Dien Chau district asks: When the State reclaims non-agricultural land that is not residential land, how is compensation for the land regulated?
Article 100 of the 2024 Land Law stipulates the 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 Vietnamese people residing abroad 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 stipulated in Article 95 of this Law, shall be compensated with land of the same purpose of use; if there is no land available for compensation, they shall be compensated with money.
2. Economic organizations using land allocated by the State for the implementation of investment projects in cemetery infrastructure and the construction of crematoriums as stipulated in Clause 2, Article 119 of this Law, and economic organizations as stipulated in Article 42 of this Law using non-agricultural land other than residential land acquired through capital contributions in the form of land use rights, shall be compensated for the land when the State reclaims the land, if they meet the conditions for compensation stipulated in Article 95 of this Law.
3. Economic organizations, public service units, people of Vietnamese origin residing abroad, foreign organizations with diplomatic functions, and economic organizations with foreign investment capital that are using non-agricultural land leased from the State with a one-time payment for the entire lease period, when the State reclaims the land, if they meet the conditions for compensation stipulated in Article 95 of this Law, shall be compensated for the land.
4. Local communities, religious organizations, and affiliated religious organizations that are using non-agricultural land when the State reclaims the land, if they meet the conditions for compensation stipulated in Article 95 of this Law, shall be compensated for the land.
5. The Government shall provide detailed regulations for this Article.
