Compensation for land means an individual, agency, or organization that returns an amount corresponding to the land use value for the area of land that encroached upon or lost due to traffic works or collective construction…for the land owners who have legitimate rights and interests over that part of the land. In case the compensation amount does not satisfy the owners, disputes will arise. The following article will provide you with the contents of the law related to “Dispute over land compensation in Vietnam”
Legal ground
- Land law 2013
Dispute over land compensation when the state recovers land
Article 73 Land Law 2013
Article 73. Use of land through transfer and lease of land use rights and receipt of land use rights contributed as capital for production and business
1. If the land used for the projects or facilities for production and business purposes is not subject to recovery by the State as prescribed in Articles 61 and 62 of this Law and such land use is in accordance with the master plans, plans on land use approved by competent state agencies, the investors may receive the transfer of, or lease, land use rights, or receive land use rights contributed as capital in accordance with the law.
2. The State shall adopt policies to encourage the lease of land use rights or the receipt of land use rights contributed as the capital of economic organizations, households, and individuals to implement the projects or facilities for production and business.
3. The Government shall detail this Article.
Article 75 Land Law 2013
Article 75. Conditions for receiving compensation when the State recovers land for national defense or security purposes; for socio-economic development in the national or public interest
1. Households and individuals using land which is not the leased land with annual rental payment, having a certificate of land use rights, a certificate of ownership of houses and residential land use rights, or a certificate of land use rights and ownership of houses and other land-attached assets (below referred to as the certificate), or being eligible to be granted a certificate under this Law but not being granted that certificate yet, except the cases prescribed in Clause 2, Article 77 of this Law. Overseas Vietnamese who are eligible to own houses associated with land use rights in Vietnam and are granted a certificate of land use rights and ownership of houses and residential land use rights and other land-attached assets, or being eligible to be granted such certificate under this Law but not being granted that certificate yet.
2. Communities and religious establishments using land which not allocated or leased land by the State and having a certificate; or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.
3. Overseas Vietnamese who are allocated land with land use levy by the State, or are leased land with full one-off rental payment for the entire lease period, or are transferred land use rights in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones, having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.
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In case the State recovers the land
Thus, in case the State recovers the land, the land user will receive compensation from the State for new land or cash corresponding with the land price at that time. In case the land used stably and long-term but having no certificate of land use right; owners may receive compensation for properties, crops,… attached to the land.
Regulations on payment of compensation, support and resettlement
Within 30 days after the decision on the land recovery by a competent state agency takes effect, agencies and organizations in charge of compensation shall pay compensation and support to people whose land recovered.
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 recovered 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 recovered do not receive the compensation and support prescribed in approved plans for compensation; support; and resettlement; this compensation and support must deposited in the temporary custody account of the State Treasury.
For land users who entitled to compensation when State recovers land but has not fulfilled land-related financial obligations as prescribed by law; the amount of these financial obligations must deducted from the compensation amount and paid back to the state budget.
Dispute for land compensation with other subjects
In addition to receiving compensation when the State recovers land, land users may receive compensation for land when other individuals, organizations, and agencies infringe upon their lawful rights and interests about land.
In case enterprises and companies, when clearing ground or doing construction works, etc., encroach on the land: “If a property causes damage, its owner or possessor must compensate for the damage, except for the damage prescribed in Clause 2 of the Civil Code 2015.”
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Related questions
The land dispute does not affect the compensation when the land acquisition approved.
1. Land-attached assets falling into any of the cases of land recovery 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 this Law.
2. Land-attached assets which are illegally created or created after having a notice of land recovery of a competent state agency.
3. Technical infrastructure, social infrastructure and other construction facilities which are no longer in use.
When State recovers land, 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.
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