Learn about Land Law 2013

Ask:How is compensation for land and remaining land investment costs when the State reclaims non-agricultural land other than residential land from economic organizations and joint venture enterprises specifically regulated?

Reply:According to Article 8, Decree No. 47/2014/ND-CP, compensation for land and remaining land investment costs when the State recovers non-agricultural land other than residential land of economic organizations and joint venture enterprises is stipulated as follows:

1. Compensation for land when the State reclaims cemetery land from economic organizations as prescribed in Clause 2, Article 81 of the Land Law shall be implemented according to the following provisions:

a) In case of reclamation of all or part of the land area while the remaining area is not eligible to continue implementing the cemetery construction project, the project owner shall be compensated by the State by allocating new land with the same purpose of use if the project has transferred the land use rights associated with the infrastructure; and shall be compensated in cash if the project is in the process of constructing the infrastructure and has not yet transferred the land use rights associated with that infrastructure;

b) In case of reclamation of a part of the land area while the remaining part is eligible for continued use as a cemetery, the project owner shall be compensated in cash for the reclamation land area. If there are graves on the reclamation land area, the relocation of those graves shall be arranged to the remaining land area of ​​the project; in case the remaining land area of ​​the project has been transferred, the project owner shall be compensated by the State by allocating new land elsewhere to build a cemetery to serve the relocation of graves in the area where the land is reclamation.

The allocation of land elsewhere for cemeteries and graveyards as prescribed in this point must comply with the planning and land use plan approved by competent state agencies.

2. Joint venture enterprises using non-agricultural land other than residential land by receiving capital contribution in the form of land use rights as prescribed in Article 184 of the Land Law, when the State reclaims land, shall be compensated for land as prescribed in Clause 2, Article 74 of the Land Law in the following cases:

a) Land contributed by economic organizations as prescribed in Article 184 of the Land Law has its origin in land allocated by the State with land use fees collected, land leased with one-time land rent collected for the entire lease term, but the land use fees and land rent paid do not originate from the state budget;

b) Land allocated by the State to economic organizations without land use fees, allocated land with land use fees but the land use fees originate from the State budget, leased land with annual land rent but the land use right value is used as the State budget grants to enterprises, not having to record debt and not having to repay land rent according to the provisions of the law on land to contribute capital to joint ventures with foreign organizations and individuals;

c) Land contributed by economic organizations with the origin of receiving land use rights transfer according to the provisions of law, but the money paid for the transfer does not originate from the state budget;

d) Land allocated by the State to overseas Vietnamese with land use fees collected, land leased with one-time land rental fees collected for the entire lease term; joint venture enterprises in which the Vietnamese party contributes capital in the form of land use rights, now converted into enterprises with 100% foreign capital.

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