Learn about the 2013 Land Law

Ask:How is compensation and support for land when the State reclaims land in cases where the actual measured area is different from the area recorded on land use right documents specifically regulated?

Reply:Pursuant to Article 12 of Decree No. 47/2014/ND-CP, in case of land recovery where the actual measured area is different from the area recorded on the land use right documents specified in Clauses 1, 2 and 3, Article 100 of the Land Law and Article 18 of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government detailing the implementation of a number of articles of the Land Law (hereinafter referred to as Decree No. 43/2014/ND-CP), compensation shall be made according to the following provisions:

1. If the actual measured area is smaller than the area recorded on the land use right papers, compensation shall be based on the actual measured area.

2. If the actual measured area is larger than the area recorded on the land use right documents due to previous inaccurate measurements or because the land user did not declare the entire area when declaring and registering the land but the entire land plot boundary has been determined to be unchanged, there is no dispute with adjacent land users, and there is no encroachment or occupation, then compensation shall be made according to the actual measured area.

3. If the actual measured land area is larger than the area recorded on the land use right papers, and the People's Committee of the commune, ward or town (hereinafter referred to as the Commune-level People's Committee) where the land is located confirms that the larger area is due to land reclamation or transfer of land use rights from the previous land user, the land has been used stably and there is no dispute, then compensation shall be made according to the actual measured area.

4. For land areas larger than the area recorded on land use right papers, and the larger area is due to encroachment or occupation, no land compensation will be paid.

5. Compensation for assets attached to land in cases of land recovery as prescribed in Clause 2 and Clause 3 of this Article shall be implemented in accordance with the provisions of the Land Law and this Decree.

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