Land is a complicated issue, currently, according to the law, land belongs to the whole people. Land is divided into many types and when the land is classified, compensation will be required. So about the matter “Compensation for residential land planning under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
What is residential land?
Residential land is the type of residential land used to build houses.
Tho settlement is a Sino-Vietnamese word historically widely used in Vietnam; but no longer used in legal documents; (eg residential land in rural areas, residential land in urban areas).
Land is divided into 3 groups according to the purpose of use: non-agricultural land, agricultural land and unused land.
Under the Land Law, there is no such thing as residential land. That’s just a common name that people use to refer to residential land; including residential land in rural areas (symbolized as ONT), residential land in urban areas (denoted as ODT). In other words; Residential land is not the type of land prescribed by land law as people call it.
According to the provisions of Clause 1, Article 125 of the 2013 Land Law; residential land used by families and individuals is land for stable and long-term use; (unspecified term rather than perpetual use).
– Residential land is land for construction of houses, construction of works in service of life; garden and pond land attached to houses in the same land plot; belonging to a residential area that has been recognized by the competent authority.
Residential land is also used for the above purposes. In addition, “territory” is a Sino-Vietnamese word, and “land of residence” is a pure Vietnamese word. Therefore, legislators prefer to use the term residential land; to be specified in legislation.
Residential land is another way of calling residential land. In addition, the regulation of works serving other life; as well as recognizing garden and pond land associated with houses as residential land, the definition of residential land is quite broad; At the same time, it also helps to maximize the legal rights and interests of land users.
Currently, residential land consists of 2 types depending on the location where the land is located, specifically:
+ Residential land in the countryside (symbol on the red book is ONT),
+ Residential land in urban areas (symbol on the red book is ODT).
Therefore, according to the common understanding today, residential land is residential land.
Issuing residential land use permits
Issuance of residential land use permits is the issuance of certificates of land use rights and ownership of houses and other land-attached assets by a competent authority. Certificates of land use rights, ownership of houses and other land-attached assets; is a legal deed for the State to certify the lawful land use rights, ownership of houses and other land-attached assets of the person having the land use right, house ownership and other property ownership rights attached to the land.
Authority to issue residential land use permits
– For localities where land registration offices have been established; the Department of Natural Resources and Environment shall issue a certificate of land use rights and ownership of houses and other land-attached assets; for land users; owners of land-attached assets that have been granted certificates of land use rights, ownership of houses and other land-attached assets; In the following cases:
+ When the land user; property owners exercise the rights of land users; owners of assets attached to land; but must issue a new certificate of land use rights and ownership of houses and other land-attached assets;
+ Level change; re-issuance of the Certificate; Certificate of house ownership; Certificate of ownership of construction works.
– For localities that have not yet established land registration offices; The issuance of Certificates for these cases shall be carried out as follows:
+ Department of Natural Resources and Environment; grant certificates of land use rights and ownership of houses and other land-attached assets to religious organizations and establishments; overseas Vietnamese to implement investment projects; foreign organizations and individuals; foreign-invested enterprises;
+ People’s Committees of districts; grant certificates of land use rights and ownership of houses and other land-attached assets to households; individual; residential community; overseas Vietnamese are entitled to own houses associated with residential land use rights in Vietnam.
Compensation for residential land planning under Vietnam law
Article 77 of the 2013 Land Law provides for compensation for land and remaining land investment costs when the State recovers agricultural land from households and individuals as follows:
“1. Households and individuals that are using agricultural land when the State recovers the land shall be compensated for the remaining land and expenses for investment in land according to the following provisions:
a) The area of agricultural land to be compensated includes the area within the limits prescribed in Articles 129 and 130 of this Law and the land area inherited;
b) For an area of agricultural land exceeding the limit specified in Article 129 of this Law, compensation for the land shall not be paid but compensation for the remaining land investment costs;
c) For the agricultural land area due to the transfer of land use rights in excess of the quota before the effective date of this Law, the compensation and support shall comply with the Government’s regulations.
2. For agricultural land that has been used before July 1, 2004 and the land user is a household or individual directly engaged in agricultural production but does not have a Certificate or is not eligible for a Certificate certificate of land use rights and ownership of houses and other land-attached assets in accordance with this Law, compensation shall be made for the actual land area in use, the compensation area shall not exceed the land use term agricultural land allocation levels specified in Article 129 of this Law.”
Article 79 of the 2013 Land Law provides for compensation for land when the State recovers residential land as follows:
“1. Households and individuals currently using residential land and overseas Vietnamese who own houses attached to land use rights in Vietnam and are eligible for compensation as prescribed in Article 75 of this Law. When the State recovers the land, the compensation shall be as follows:
a) In case there is no other residential land or house in the commune, ward or township where the recovered land is located, compensation shall be made with residential land or houses; if there is no demand for compensation in residential land or houses, the State shall compensate in cash;
b) In case there is still land or house in the commune, ward or township where the recovered land is located, compensation shall be made in cash. For localities with conditions on residential land fund, they shall be considered for compensation in residential land.
2. Households and individuals, when the State recovers land attached to houses, must relocate but are not eligible for compensation for residential land. rent, lease-purchase housing or allocate residential land with collection of land use levy.
…”
Article 86 of the 2013 Land Law provides for resettlement arrangements for people whose residential land is recovered and must relocate as follows:
“1. The organization in charge of compensation and ground clearance assigned by the People’s Committee of the province or the People’s Committee of the district to arrange the resettlement must notify the person whose residential land is recovered and must be relocated the accommodation plan about the proposed resettlement arrangement and publicly posting it for at least 15 days at the headquarters of the commune-level People’s Committee, the common living place of the residential area where the recovered land is located, and at the place of resettlement before the competent state agency approves the plan for resettlement arrangement.
The notification contents include location, size of land fund, fund of resettlement houses, design, area of each land lot, apartment, land price, price of resettlement house; plan to arrange resettlement for people whose land is recovered.
2. Persons whose land is recovered may be arranged for on-site resettlement if there is a resettlement project in the land recovery area or there are conditions for arranging resettlement. Priority is given to a convenient location for those whose land is recovered early to hand over the ground, and the person whose land is recovered is a person with meritorious services to the revolution.
The approved resettlement arrangement plan must be publicly announced at the headquarters of the commune-level People’s Committee, at the common living place of the residential area where the recovered land is located, and at the resettlement site.
3. The specific land price for calculation of land use levy collection at the resettlement place and the selling price of resettlement houses shall be decided by the People’s Committee of the province.
4. In case the person whose land is recovered is arranged to be resettled but the compensation and support money is not enough to buy a minimum resettlement rate, the State will support enough money to buy a minimum resettlement rate. .
The Government shall specify the minimum resettlement rate to suit the conditions of each region, region and locality.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Compensation for residential land planning under Vietnam law”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Compensation for residential land planning under Vietnam law” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Procedure of land acquisition for project implementation in Vietnam
- Rights and obligations of households, individuals using land in Vietnam
- Procedure for partial transfer of land use rights in Vietnam
Frequently asked questions
Residential land is a group of land subject to land tax as prescribed by law.
The time to pay residential land tax will depend on the decision of the taxpayer. Can be paid twice a year or once a year or required to pay tax in installments. The mandatory time for taxpayers to pay in full is on December 31 of each year.
If all conditions are met for issuance of a common land use right certificate, which distinguishes the contents in the book:
Certificate of residential land use right
Certificate of ownership of houses (usually condominiums not attached to land)
Certificate of land use right and ownership of assets attached to land (type with both house and land)
According to current regulations, the type of residential land, if the old book is old, will be the red book of land use rights or land use and properties attached to the land, if any.
For agricultural land: Based on the local land fund; and rural development planning approved by competent state agencies; Provincial-level People’s Committees shall prescribe land quotas for each household; individuals to build houses in rural areas; minimum area to be divided into residential land in accordance with local conditions and practices.
For urban residential land: Provincial-level People’s Committees shall base themselves on land use planning; the urban construction planning and the local land fund shall stipulate the quota of residential land allocated to each household; individuals who build houses themselves, if they are not eligible for land allocation under housing construction investment projects; Minimum area to be divided for residential land.
Conclusion: So the above is Compensation for residential land planning 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
