Hello LSX. My wife and I bought an apartment, with all legal documents including a construction permit and a certificate of ownership of houses attached to the land. All procedures for buying a house have been completed, but now, when they go to the ward to apply for a certificate of land-attached assets, they cannot because they say that this land belongs to the planning of the research institute, so they do not grant this certificate. So about the matter “Is there compensation for buying planning land in Vietnam?” let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is planning land?
Pursuant to Clauses 2 and 3 of Article 3 of the Land Law 2013 as follows:
2. Land use planning is the allocation and zoning of land according to space for use for the purposes of socio-economic development, national defense, security, environmental protection and climate change adaptation on the basis of land potential and land use demand of sectors and fields for each socio-economic region and administrative unit in a defined period of time”.
3. Land use plan means the division of land use planning over time for implementation in the land use planning period.
Accordingly, it can be understood that land use planning is the planning of land use in each locality; classified according to each use purpose; and is divided into periods for a certain period of time. Planned land is the land included in that land use plan.
This planning is given for policy making, local economic development; ensure efficient use of land fund. This is also the basis for the State to allocate land, grant land use right certificates, permit the change of land use purpose or the basis for the State to make compensation for land and land costs for people when planning, need to recover land.
Is there compensation for buying planning land in Vietnam?
Households and individuals that are using land other than paid rent, have a certificate of house ownership and land use rights, a certificate of land use rights, and ownership of houses and properties. other land-attached assets or meet the conditions to be granted certificates of land use rights and ownership of houses and other properties attached to the Law but have not yet been granted, except for the cases specified in Clause 2, Article 77 will all be compensated when the State conducts land recovery.
Overseas Vietnamese who are entitled to own houses attached to land use rights in Vietnam and have a Certificate or are eligible for a Certificate of land use rights will also be compensated according to the provisions of this Law.
Time limit for land acquisition for planning
In Clause 3, Article 49 of the 2013 Land Law, specifically stipulates as follows: In the district’s annual land use plan, the land area that has been opened for sale must be recovered for project implementation or transferred. For the purpose of land use, if after 3 years there is no decision on land acquisition, the competent state agency will have to approve the adjusted land use plan. Then cancel and have to open the sale of the adjustment. At the same time, cancel the acquisition of the land area stated in the land use plan.
In case the state agency competent to approve the land use plan is not adjusted and controlled or has adjusted and controlled or canceled but does not open for sale the adjustment or cancellation, the land user shall continue to to exercise the rights of land users without restriction.
How much compensation for land acquired due to planning?
According to the provisions of Clause 2, Article 74, of the 2013 Land Law, compensation is made by allocating land with the same use purpose as the recovered land, in case there is no land for compensation, the land owner be compensated in cash according to the specific land price of the recovered land decided by the provincial People’s Committee at the time of land recovery decision. Households or individuals are compensated according to the area of land acquired multiplied by the land price for the type of land acquired.
In Clause 2, Article 9 of Decree 47/2014/ND-CP stipulating compensation and support for resettlement upon land recovery, the value of assets attached to land when recovered will be compensated in the following manner. calculated as follows: Tgt = G1 – G1/T x T1
In there:
• TGT: Existing value of damaged houses and works;
• G1: Value of new construction of damaged houses or works with equivalent technical standards promulgated by specialized management ministries;
• T: Depreciation period applicable to damaged houses and works;
• T1: The time that the damaged house or structure has been used
What conditions are required to sell the plan?
Cases of buying and selling planned land
Case 1: No annual district land use plan
The land is included in the published land use plan without an annual district land use plan. Then you can buy and sell completely. As well as giving, inheriting. Converting, contributing capital with land use rights, mortgage…
Case 2: There is an annual land use plan of the district level
In case the land has an annual land use plan of the district level, the land owner and user in the area must change the land use purpose, recover the land according to the proposed plan and exercise the rights of the land owner. land users but are not allowed to build new houses, works or plant perennial trees.
In this case, the land user needs to renovate. Housing repair. Existing works must be approved by competent state agencies.
Accordingly, in this case, it is still possible to carry out the purchase, sale and transfer of land in the planning until a decision on land recovery is issued. Or change the purpose of land use according to the proposed plan. And some rights will be restricted such as: Not building new houses, works, planting perennial trees….
Conditions for buying and selling planned land
According to the provisions of Clause 1, Article 168, Clause 1, Article 188 of the 2013 Land Law: Organizations, households and individuals are entitled to transfer land use rights (land purchase and sale) when fully meeting the following conditions:
• Having a Red Book, except for the following 02 cases:
An heir whose property is a land use right but who is a foreigner or an overseas Vietnamese who is not subject to the purchase of houses associated with land use rights shall not be granted a red book but shall be entitled to sell it. .
In case of conversion of agricultural land use right, the land user is entitled to sell the land after the decision on land allocation or land lease is issued; In case of inheriting the land use right, the land user may exercise the right to sell when there are conditions to issue a Red Book (no need for a Book yet).
• Land use rights are not distrained to secure judgment enforcement;
• Undisputed land;
• During the land use period.
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Please see more
- Regulations on undivided land of inheritance in Vietnam
- The State recognizes the land use right in Vietnam
- Is the land use levy charged interest under Vietnam law?
Frequently asked questions
Lawyer X instructs you in the following ways to check whether the land is included in the plan or not?
Check the planning based on information on the red book (certificate of land use rights) or pink book (certificate of land use rights and assets attached to the land).
– Ask the local real estate and service company to check the planning.
Learn about land planning at competent state agencies.
National land use planning;
Provincial land use planning;
District-level land use planning;
Land use planning for national defense and security.
Whether to buy land in the planning no longer depends on the purpose and conditions of each person. For example, if the purpose of buying land is determined to be for a stable and long-term living, but seeing that this land is in the planning for construction of roads, or other types of planning where housing is not built, it should not be purchased to avoid being punished. recovered during use.
Conclusion: So the above is Is there compensation for buying planning land in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
