On July 15, 2024, the Government issued Decree 88/2024/ND-CP regulating compensation, support, and resettlement when the State recovers land. Below are some notable contents of this Decree:
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Compensation in the form of land with a use purpose other than the type of land recovered or in the form of housing when the State recovers land is prescribed as follows:
- Land prices include land use fees when compensation is made for land with a use purpose different from the type of land recovered for households, individuals, and people of Vietnamese origin residing abroad who are using residential land and currently own it. Housing attached to land use rights in Vietnam is the land price determined according to the land price list at the time of approval of the compensation, support and resettlement plan;
- In case of compensation by land lease with one-time payment of land rent for the entire lease period, the land price to calculate the land rent is the specific land price decided by the competent People's Committee at the time of approval. compensation, support and resettlement plans;
- The land price used to calculate land use fees and land rent when compensating with land with a use purpose other than the type of land recovered for economic organizations with recovered residential land is the specific land price granted by the People's Committee with Decision authority at the time of approving compensation, support and resettlement plans;
- People whose land is recovered are compensated with land that has a different use purpose than the type of land recovered or with housing that has a value difference between compensation and land support and land use fees and land rent. payable when being allocated land, renting other land or buying a house, shall be handled as follows:
- In case the compensation or support for land is greater than the land use fee or land rent payable upon land allocation or lease of land with a use purpose other than the type of land recovered or the money to buy a house, the land owner shall collect the land. receive the difference;
- In case the compensation or support for land is smaller than the land use fee or land rent payable when being allocated land, or renting land with a use purpose other than the type of land recovered or the money to buy a house, the land owner will collect the land. must pay the difference.
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Other cases of land compensation include:
- Households and individuals that are using land do not have documents on land use rights but are eligible for issuance of Land Use Rights Certificates according to regulations;
- Households and individuals that are using land and have violated the land law before July 1, 2014 but have used the land stably, are in the cases considered for issuance of Land Use Rights Certificates according to the provisions of this Law. regulations;
- Households and individuals are using allocated land without their authority according to the provisions of land law at the time of allocation or using land due to purchase, liquidation, valuation, or housing distribution. Construction works attached to land not in accordance with the law but the land has been used stably before July 1, 2014;
- Households and individuals that are using land have documents on land use rights where the type of land identified on the issued documents is different from the land classification prescribed in Article 9 of the Land Law or different from the current use status. When using land, compensation will be based on land type after being re-determined according to the provisions of Clause 2, Article 10 of the Land Law;
- Households and individuals directly engaged in agricultural production are using agricultural land that was used stably before July 1, 2004 but is not eligible for a Certificate of land use rights.
This Decree takes effect from August 1, 2024.
