Hello, my name is Hai, my family previously built a house on agricultural land. This land is according to the information in the planning of the road and now my family has received a permit to move to prepare for construction. However, I wonder if my house will be compensated when moving because I have built a house illegally before. So, can a lawyer help me build a house on agricultural land with compensation or not? So about the matter “Compensation for building houses on agricultural land in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
Which agency has the authority to compensate or compensate for land recovery?
Depending on the subject of the land user whose land is recovered, the agency competent to decide on compensation and compensation is also different, in other words, the agency competent to decide on land recovery is the agency competent to decide on the compensation. has the authority to decide on compensation, compensation, site clearance and resettlement assistance plans.
Specifically, based on Article 66 of the 2013 Land Law on the authority to recover land, it follows that the agency competent to decide on compensation, compensation and resettlement support is:
Firstly, the People’s Committee of the province where the land is located shall decide on the compensation, support and resettlement plan for the following cases of land users:
+ Foreign organizations and organizations with diplomatic functions, or religious establishments, overseas Vietnamese or foreign-invested enterprises (except for cases of land managers and users). agriculture under the public land fund of communes, wards and townships);
+ Land users are managing and using agricultural land belonging to the public land fund of communes, wards and townships according to regulations;
Second, the People’s Committee of the district where the land is located shall decide on the compensation and resettlement support plan for the cases where the land user is:
+ Households, individuals, residential communities;
Or Vietnamese residing abroad may own houses in Vietnam.
Thus, depending on the type of land user, the decision on compensation, compensation and resettlement assistance when the State recovers land is also different.
Compensation for building houses on agricultural land in Vietnam
Land users must fulfill the obligations under Clause 1, Article 170 of the 2013 Land Law, which stipulates: “Use the land for the right purposes, right within the boundaries of the land plot, in accordance with the regulations on using the depth in the ground and the height above it. no, protect underground public facilities and comply with other provisions of relevant laws”.
Meanwhile, in Clause 2, Article 74 of the 2013 Land Law, it stipulates:
“Article 74. Principles of compensation for land when the State recovers land.
2. The compensation shall be made by allocating land with the same use purpose as the recovered land. Provincial-level People’s Committees decide at the time of land recovery decisions.”
Thus, individuals and households that build houses on agricultural land are violating the law. In principle, agricultural land will not be allowed to build houses and permanent works. If an individual or household intentionally continues to carry out illegal construction even though they have been administratively sanctioned, they may be forced to demolish the work or have their land recovered.
According to Article 92 of the 2013 Land Law, cases where the State recovers land without compensation for properties attached to land include:
1. Land-attached assets in one of the cases of land recovery specified at Points a, b, d, dd, e, i Clause 1 Article 64 and Points b and d Clause 1 Article 65 of this Law include: including:
Using land for improper purposes for which the State has allocated, leased or recognized land use rights and has been administratively sanctioned for acts of using land for improper purposes and continuing to commit violations;
Land users intentionally destroy land;
Land may not be transferred or donated in accordance with this Law, but transferred or donated;
Land allocated by the State for management but allowed to be encroached upon;
The land is not allowed to transfer the land use right under the provisions of this Law but the land user due to irresponsibility is encroached upon or occupied;
Land allocated or leased by the State for the implementation of an investment project has not been used for a period of 12 consecutive months or the land use schedule is 24 months behind the schedule stated in the investment project from the date of receipt. handing over land in the field must put the land into use; In case the land is not put into use, the investor may extend the use period for 24 months and must pay the State an amount corresponding to the land use levy and land rent for the delay in project implementation. in this time; At the end of the extended time limit, if the investor still has not put the land into use, the State shall recover the land without compensation for the land and assets attached to the land, except in the case of force majeure.
The individual using the land dies without an heir;
Land is allocated or leased by the State for a definite term but cannot be extended.
2. Land-attached assets created in contravention of law or created after receiving a notice of land recovery from a competent state agency.
3. Technical and social infrastructure works and other construction works are no longer in use.
In summary, the construction of houses on agricultural land, if it falls into the cases specified in Clause 1, Article 92 of the Land Law above, shall not be compensated or compensated for properties attached to the land.
What are the conditions to receive compensation for damage when the State recovers land?
Compensation for damage when the State recovers land is the State’s compensation for the loss of land use rights suffered by households, individuals and organizations. In order to receive compensation for this damage, the person whose land has been recovered must meet certain conditions prescribed by law.
Conditions for compensation for land damage are as follows:
The revoked land use right must be recognized as the property of the land user and be of the type permitted to be traded.
There are grounds to prove the land use right: through documents on land use rights. In the absence of documents on land use rights, the conditions specified in Article 100 of the 2013 Land Law must be fully satisfied.
The land acquisition is not due to a violation of the land law.
The detailed compensation conditions for each land user are specified in Article 75 of the 2013 Land Law.
For compensation for damage to property on land, compensation for stopping production and business, the State will compensate if any damage occurs to households, individuals and organizations according to Article 88, Article 92 Land Law 2013.
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Frequently asked questions
Pursuant to the provisions of Article 170, the general obligations of land users are clearly stated.
In addition, the law stipulates the prohibited acts in Article 12 of the 2013 Land Law as follows:
“Article 12. Prohibited acts
Encroachment, occupation, destruction of land.
Violations against announced master plans or plans on land use.
Do not use land or use land for improper purposes.
Failing to strictly comply with the provisions of law when exercising the rights of land users.
To receive the transfer of agricultural land use rights in excess of the quota for households and individuals in accordance with this Law.
…
Accordingly, in principle, land users are obliged to use land for the right purposes specified in the land use right certificates or other land allocation papers. recorded on these documents. The construction of temporary houses on agricultural land is contrary to the land use purpose and incompatible with the above-mentioned principles.
Pursuant to Clauses 1 and 2, Article 59 of the 2013 Land Law, which stipulates the competence to allocate or lease land, and to permit the change of land use purpose as follows:
Provincial-level People’s Committees shall decide on land allocation, land lease, and permission to change the land use purpose in the following cases:
Allocating land, leasing land, permitting change of land use purpose for organizations;
Allocating land to religious establishments;
Allocate land to overseas Vietnamese and foreign-invested enterprises as prescribed in Clause 3, Article 55 of this Law;
Leasing land to overseas Vietnamese or foreign-invested enterprises as prescribed at Points dd and e, Clause 1, Article 56 of this Law;
Lease of land to foreign organizations with diplomatic functions.
District-level People’s Committees shall decide on land allocation, land lease, or permission to change land use purpose in the following cases:
Land allocation, land lease, permission to change land use purpose for households and individuals. In case of leasing land to households or individuals, permitting the change of agricultural land use purpose to use for commercial or service purposes with an area of 0.5 hectares or more, a written consent must be obtained. approval of the People’s Committee of the province before making the decision;
Allocating land to residential communities.
Thus, the authority to convert agricultural land into residential land belongs to the People’s Committee of the province or the People’s Committee of the district, depending on each specific case.
Pursuant to Point d, Clause 1, Article 57 of the 2013 Land Law, which regulates the change of land use purpose, the conversion of agricultural land to non-agricultural land (also known as residential land) falls under the case of change of land use purpose. must be authorized by the competent state agency.
Pursuant to Article 52 of the Land Law 2013 stipulating the grounds for land allocation, land lease, and permission to change the land use purpose, the purpose of land conversion shall be considered on two conditions:
The annual land use plan of the district has been approved by the competent state agency
Demand for land use expressed in investment projects, applications for land allocation, land lease, change of land use purpose.
Thus, when meeting the conditions for conversion of use purposes, agricultural land can be converted to residential land.
Conclusion: So the above is Compensation for building houses on agricultural 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
