Learn about the 2013 Land Law

(Baonghean) - Question: Please let me know the detailed regulations on compensation for land and remaining land investment costs when the State reclaims land currently used by residential communities and religious establishments?

Reply:According to Article 5, Decree No. 47/2014/ND-CP (Decree regulating compensation, support, and resettlement when the State recovers land) stipulates compensation for land and remaining land investment costs when the State recovers land currently used by residential communities and religious establishments as follows:

1. Compensation for land and remaining land investment costs when the State reclaims agricultural land from residential communities and religious establishments as prescribed in Clause 3, Article 78 of the Land Law shall be implemented according to the following provisions:

a) For agricultural land used before July 1, 2004 (the effective date of the 2003 Land Law) whose origin is not land allocated by the State without land use fees, land leased by the State with annual land rent payment, with a Certificate of land use rights or meeting the conditions to be granted a Certificate of land use rights, house ownership rights and other assets attached to land as prescribed in Articles 100 and 102 of the Land Law, compensation for land shall be paid in accordance with Clause 2, Article 74 of the Land Law;

b) For agricultural land used for which the State allocates land without collecting land use fees or leases land with annual land rent payment, compensation for land shall not be paid but compensation for remaining land investment costs (if any) shall be paid. Determination of remaining land investment costs for compensation calculation shall be implemented according to the provisions of Article 3 of this Decree.

2. Compensation for land and remaining land investment costs when the State recovers non-agricultural land other than residential land from residential communities and religious establishments as prescribed in Clause 5, Article 81 of the Land Law shall be implemented according to the following provisions:

a) For non-agricultural land used before July 1, 2004, which is not land allocated by the State without land use fees, land leased with annual land rent payment, has a Certificate of land use rights or meets the conditions to be granted a Certificate of land use rights, house ownership rights and other assets attached to land according to the provisions of Articles 100 and 102 of the Land Law, compensation for land shall be made according to the provisions of Clause 2, Article 74 of the Land Law.

In case the non-agricultural land of religious establishments used from July 1, 2004 to the date of the Notice of Land Reclamation by the competent state agency, which originated from transfer or donation, no compensation for land shall be paid;

b) For non-agricultural land of origin allocated by the State without land use fees or leased land with annual land rent payment, compensation for land shall not be paid but compensation for investment costs in the remaining land (if any) shall be paid. Determination of investment costs in the remaining land for compensation calculation shall be implemented according to the provisions of Article 3 of this Decree.

In case of reclamation of all or part of the area while the remaining land area is not eligible for continued use, if the residential community or religious establishment still has a need to use the land for common purposes of the community or religious establishment, the State shall allocate new land elsewhere; the allocation of new land elsewhere must be in accordance with the land use planning and plan approved by the competent State agency.

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