Compensation for damage upon land expropriation are regulated by Vietnam land law. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are principles of compensation for damage to assets and damage incurred due to stopped production and business upon land expropriation by the State? What are regulations on compensation for plants and livestock? Thanks for answering me!”
Legal grounds
- 2013 Vietnam Land law
Principles of compensation for damage to assets and damage incurred due to stopped production and business upon land expropriation by the State
– If land-attached assets are damaged upon land expropriation by the State, lawful owners of those assets are entitled to compensation.
– Upon the land expropriation by the State, if organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises have to stop production and business which causes them damage, they are entitled to compensation for the damage.
Compensation for damage to houses and construction facilities on land upon the land expropriation by the State
– For houses and land-attached residential construction facilities of households, individuals or overseas Vietnamese which are wholly or partially dismantled upon land expropriation by the State while the remaining part does not meet technical standards as prescribed by law, their owners are entitled to compensation equivalent to the value of new houses and construction facilities with equivalent technical standards.
If the remaining part of the houses and construction facilities still meets the technical standards as prescribed by law, the compensation must be made based on the actual damage.
– For houses and other land-attached construction facilities not falling into the case specified in Clause 1 of this Article, which are wholly or partially dismantled upon land expropriation by the State while the remaining part does not meet technical standards as prescribed by law, their owners are entitled to compensation for the damage in accordance with the Government’s regulations.
– For land-attached technical infrastructure and social infrastructure cuưently in use and not falling into the cases specified in Clauses 1 and 2 of this Article, the compensation amount is equivalent to the value of new construction facilities with equivalent technical standards prescribed by specialized law.
Compensation for plants and livestock
– In case the land expropriation by the State causes damage to plants, the compensation shall be made according to the following provisions:
+ For annual crops, the compensation must be equal to the output value of the harvest. The output value of the harvest is the highest yield of the harvests in the preceding 3 years of the local main crop and the average price at the time of land expropriation;
+ For perennial crops, the compensation must be equal to the current value of the planting area calculated in local prices at the time of the land expropriation, excluding the value of land use rights;
+ For plants which have not been harvested yet but can be brought to another location, the transportation cost and the actual damage due to the transportation and re-planting must be compensated;
+ For planted forests funded by the state budget and for natural forests allocated to organizations, households and individuals for planting, management, growing or protection, the value of the actual damage must be compensated. The compensation amount must be divided to those who manage, grow and protect the forests in accordance with the law on forest protection and development.
– In case land expropriation by the State causes damage to aquatic livestock, the compensation must be made according to the following provisions:
+ For aquatic livestock which are due to be harvested at the time of land expropriation, no compensation must be made;
+ For aquatic livestock which are not due to be harvested at the time of land expropriation, the actual damage due to the early harvest must be compensated. In case the aquatic livestock can be brought to another location, the transportation cost and the damage caused by the transportation must be compensated. The specific compensation amount must be determined by provincial-level People’s Committees.
Compensation for transportation costs upon land expropriation by the State
– Upon land expropriation by the State, people whose assets need to be moved shall be compensated for the cost of dismantlement, transportation and installation. In case of moving machinery or production lines, the damage caused during the process of dismantlement, transportation and installation must also be compensated.
– Provincial-level People’s Committees shall prescribe the compensation amount mentioned in Clause 1 of this Article.
Cases ineligible for compensation for land-attached assets upon land expropriation by the State
– Land-attached assets falling into any of the cases of land expropriation specified at Points a, b, d, e, f and i, Clause 1, Article 64, and at Points b and d, Clause 1, Article 65 of Land law.
– Land-attached assets which are illegally created or created after the notice of land expropriation by a competent state agency takes effect.
– Technical infrastructure, social infrastructure and other construction facilities which are no longer in use.
Payment of compensation, support and resettlement money
– Within 30 days after the decision on the land expropriation by a competent state agency takes effect, agencies and organizations in charge of compensation shall pay compensation and support to people whose land is expropriated.
– If agencies and organizations in charge of compensation delay the payment, in addition to the compensation and support prescribed in approved plans for compensation, support and resettlement, people whose land is expropriated are entitled to an amount equivalent to the late- payment interest in accordance with the Law on Tax Administration calculated based on the unpaid amount and the delayed period.
– In case people whose land is expropriated do not receive the compensation and support prescribed in approved plans for compensation, support and resettlement, this compensation and support must be deposited in the temporary custody account of the State Treasury.
– For land users who are entitled to compensation upon land expropriation by the State but have not fulfilled land-related financial obligations as prescribed by law, the amount of these financial obligations must be deducted from the compensation amount and paid back to the state budget.
– The Government shall detail this Article.
Compensation for land within safety corridors upon construction of facilities with safety corridors
When the State constructs public, national defense or security facilities with safety corridors without recovering the land located within the safety corridors, the land users are entitled to compensation for the damage caused by limited land use and for the damage to land-attached assets in accordance with the Government’s regulations.
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Frequently asked questions
If land-attached assets are damaged upon land expropriation by the State, lawful owners of those assets are entitled to compensation.
When the State constructs public, national defense or security facilities with safety corridors without recovering the land located within the safety corridors, the land users are entitled to compensation for the damage caused by limited land use and for the damage to land-attached assets in accordance with the Government’s regulations.
Upon the land expropriation by the State, if organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises have to stop production and business which causes them damage, they are entitled to compensation for the damage.
Conclusion: So the above is Compensation for damage upon land expropriation under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
