Learn about the 2013 land law

August 27, 2014 10:43

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Ask:How is compensation for damage to houses and other construction works attached to land when the State reclaims land specifically regulated?

Reply:According to Article 9 of Decree No. 47/2014/ND-CP, compensation for houses and other construction works attached to land when the State recovers land as prescribed in Clause 2, Article 89 of the Land Law is implemented according to the following provisions:

1.Compensation for houses and buildings is equal to the total current value of the damaged houses and buildings and the amount is calculated as a percentage of the current value of that house and building.

The current value of a damaged house or structure is determined by (=) the percentage of the remaining quality of that house or structure multiplied (x) by the new construction value of the house or structure with equivalent technical standards issued by the specialized management ministry.

The amount of money is calculated as a percentage of the current value of the house or construction as prescribed by the provincial People's Committee, but the compensation level shall not exceed 100% of the new construction value of the house or construction with technical standards equivalent to the damaged house or construction.

2.The existing value of damaged houses and structures is determined according to the following formula:

d

In there:

Tgt:Current value of damaged houses and buildings;

G1:The value of new construction of damaged houses and structures with equivalent technical standards issued by specialized management ministries;

T:Depreciation period applies to damaged houses and buildings;

T1:The time the damaged house or structure has been in use.

3.For houses and other construction works that are partially demolished and the remaining part is no longer usable, compensation shall be paid for the entire house or construction work; in cases where houses and other construction works are partially demolished but the remaining part still exists and can be used, compensation shall be paid for the value of the demolished work and the cost to repair and complete the remaining part according to equivalent technical standards of the house or construction work before demolition.

4.For houses and construction works that do not meet technical standards as prescribed by specialized management ministries, the provincial People's Committee shall prescribe specific compensation levels in accordance with actual local conditions.

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Learn about the 2013 land law
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