Land compensation when the State reclaims residential land?

(Baonghean) - Question: What are the specific regulations on land compensation when the State reclaims residential land?

Reply:According to Article 6 of Decree No. 47/2014/ND-CP, compensation for land when the State reclaims residential land is regulated as follows:

Compensation for land when the State reclaims residential land as prescribed in Article 79 of the Land Law is implemented according to the following provisions:

1. Households and individuals using residential land, Vietnamese people residing abroad who own houses attached to land use rights in Vietnam, when the State reclaims residential land and has a Certificate of land use rights or is eligible to be granted a Certificate of land use rights, house ownership rights and other assets attached to land according to the provisions of the law on land, land compensation shall be implemented as follows:

a) In case all residential land is recovered or the remaining residential land area after recovery does not meet the conditions for residence according to the regulations of the Provincial People's Committee, and the household or individual has no other residential land or house in the commune, ward or town where the recovered residential land is located, they will be compensated with residential land or resettlement housing;

b) In case all residential land is recovered or the remaining residential land area after recovery is not eligible for residence according to the regulations of the Provincial People's Committee, but the household or individual still has other residential land or houses in the commune, ward or town where the recovered residential land is located, compensation in cash will be provided. For localities with conditions for residential land funds, compensation in the form of residential land will be considered.

2. In the case where a household specified in Clause 1 of this Article has multiple generations or multiple couples living together on a recovered residential land plot, if the conditions are met to be divided into separate households according to the provisions of the law on residence or there are multiple households sharing the right to use one (01) recovered residential land plot, the Provincial People's Committee shall, based on the residential land fund, resettlement housing and the actual situation in the locality, decide on the level of residential land and resettlement housing for each household.

3. Households, individuals, and overseas Vietnamese who fall under the cases specified in Clause 1 of this Article and do not require compensation in the form of residential land or resettlement housing shall be compensated in cash by the State.

4. For households and individuals using land when the State recovers land attached to housing and are required to relocate but do not meet the conditions for compensation for residential land, if they have no other place to live in the commune, ward or town where the residential land is recovered, the State will sell, lease, lease-purchase housing or allocate residential land with land use fees. The price of selling, leasing, leasing-purchasing housing; the price of residential land for calculating land use fees when the State allocates land is regulated by the Provincial People's Committee.

5. In case the recovered residential land plot still has an area of ​​agricultural land that is not recognized as residential land, the household or individual whose land is recovered may change the land use purpose for that area of ​​land to residential land within the local residential land allocation limit, if the household or individual has a need and the change of purpose to residential land is consistent with the land use planning and plan approved by the competent state agency. When changing the land use purpose, the household or individual must fulfill financial obligations according to the provisions of law on land use fee collection; land rent collection, water surface rent collection.

6. Economic organizations, overseas Vietnamese, and foreign-invested enterprises using land to implement housing construction projects when the State reclaims land, if they meet the conditions for compensation prescribed in Article 75 of the Land Law, compensation shall be implemented according to the following provisions:

a) In case a part of the project land area is recovered while the remaining part is still eligible to continue implementing the project, compensation in cash for the recovered land area shall be paid;

b) In case of reclamation of the entire land area or reclamation of a part of the land area of ​​the project while the remaining part is not eligible to continue implementing the project, compensation shall be made in the form of land to implement the project or compensation in cash;

c) For projects that have been put into operation, when the State reclaims land, compensation will be made in cash.

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