Building a highway must free up a lot of ground as well as land for the construction of that road. At that time, the land compensation work will be carried out. So about the matter “Land compensation for highways under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
Principle of land compensation for people’s roads
Not all people are eligible for compensation when their land is expropriated by the state. Knowing the conditions for compensation based on the legal documents on land compensation when opening the road will help readers feel more secure when their own land or loved ones have their land confiscated.
According to the regulations, land users are eligible for land compensation (have a Certificate or qualify for a certificate under Articles 101, 102 of the 2013 Land Law, Articles 20, 22, 23, 25, 27 and 28 of Decree No. 43/2014/ND-CP) will be compensated when the State recovers land for defense and security purposes; socio-economic development for national and public interests.
The principle of compensation for land recovery is specified in Article 42 of the Land Law. If a person whose land is recovered has a full certificate of land use rights or is eligible for a certificate of land use right as prescribed in Article 50 of this Law, the person whose land is recovered shall be compensated for the land. have the same intended use. If there is no land for compensation, they will be compensated with the value of land use rights at the time of the decision on recovery.
In case of compensation by the allocation of new land or resettlement residential land or resettlement houses, if there is a difference in value, such difference shall be paid in cash. In addition, people are also supported with moving costs and resettlement support.
Conditions for compensation for land for road construction
– Households and individuals that are using land other than land with annual rental payment, have a certificate of land use right, a certificate of house ownership and residential land use right, and a certificate of land use right. land use rights, ownership of houses and other land-attached assets (hereinafter referred to as Certificates) or are eligible to be granted a Certificate of land use right, house ownership and other land-attached assets as prescribed in this Law that have not yet been granted, except for the case specified in Clause 2, Article 77 of this Law;
Overseas Vietnamese who are entitled to own houses attached to residential land use rights in Vietnam and have a Certificate or are eligible for a Certificate of land use right or ownership houses and other properties attached to land according to the provisions of this Law which have not yet been granted.
– Communities, religious and belief establishments that are using land other than land allocated or leased by the State and have a Certificate or are eligible for a Certificate of land use right; ownership of houses and other land-attached assets under this Law that have not been granted.
– Overseas Vietnamese are allocated land by the State with collection of land use levy or leased land with one-off rental payment for the entire lease period; receive the transfer of land use rights in industrial parks, industrial clusters, export processing zones, hi-tech parks, economic zones, have a Certificate or are fully eligible for a Certificate of land use right, ownership own houses and other land-attached assets according to the provisions of this Law but have not yet been granted.
– Organizations that are allocated land by the State with collection of land use levy or leased land with one-off rental payment for the entire lease period; receive the inheritance of land use rights, receive the transfer of land use rights but the paid land use levy or transfer money has not originated from the state budget, have a certificate or are eligible for grant Certificates of land use rights and ownership of houses and other land-attached assets under the provisions of this Law have not been issued yet.
– Foreign organizations with diplomatic functions that are leased land by the State with one-off rental payment for the entire lease period and have a Certificate or are eligible for a Certificate of land use right and house ownership. housing and other land-attached assets as prescribed in this Law that have not yet been granted.
– Economic organizations, overseas Vietnamese, foreign-invested enterprises that are allocated land by the State with the collection of land use levy to implement investment projects on construction of houses for sale or semi-finals. rental agreement; lease land with one-off rental payment for the entire lease period, have a Certificate or are eligible for a Certificate of land use rights, ownership of houses and other land-attached assets as prescribed by law. This law has not yet been granted.
Regulations on compensation prices for land for road construction
Each type of land has a different use purpose and a different compensation price bracket. Therefore, when the conditions for compensation are recovered, people will be compensated according to the regulations on compensation for land for road construction and the compensation price for land for traffic planning will be decided by the People’s Committee of the province/city at the time of collection. return.
Pursuant to Clause 2, Article 74, Clause 3 and Clause 4, Article 114 of the Land Law 2013, when the State recovers land for road construction, the compensation for the recovered land will be determined according to the specific land price of the land type. land acquisition is decided by the provincial People’s Committee at the time of land recovery decision (no land price list applies).
Accordingly, the provincial land management agency is responsible for helping the provincial People’s Committee organize the determination of specific land prices. Provincial-level land management agencies may hire organizations with the function of consulting on land price determination to advise on determining specific land prices. Land prices will be applied when calculating compensation when the State recovers land.
Regulations on compensation for residential land for road construction
In case people whose residential land is recovered have a certificate of land use rights (legally granted), they are eligible for compensation when the state recovers the land, regardless of whether the land is included in the planning. . The price for calculating compensation for residential land is the specific land price decided by the Provincial People’s Committee.
In addition, if the land user does not have the land use right documents and is eligible for the Red Book when the State recovers the land, the land user will be compensated for the land. Decree 47/2014/ND-CP.
Land compensation for highways under Vietnam law
According to the State’s regulations, when recovering residential land from people who are eligible for compensation (with a certificate of land use rights), compensation will be made for residential land for road construction according to the policy and compensation unit price, usually return to land when the State recovers residential land as prescribed in Article 79, Land Law 2013.
Example: In Dong Nai province, the North-South expressway project in the east of the section passing Xuan Loc district, agricultural and non-agricultural land, the land price is calculated for compensation when the State recovers the land with the lowest price of 120 thousand VND/m2 and the highest is more than 4.8 million VND/m2 depending on the location of the land.
Expressways and ring roads are road projects approved by the government for many years, but the problem is that the site clearance is quite complicated.
According to the State’s regulations, when recovering residential land from people who are eligible for compensation (with a certificate of land use rights), compensation will be made for residential land for road construction according to the policy and compensation unit price, usually return to land when the State recovers residential land as prescribed in Article 79, Land Law 2013.
The land that is not eligible for compensation will be compensated according to the agricultural land price as prescribed in Article 77, 2013 Land Law. The compensation unit price depends on the locality of the people. The part of the property on the land will also be compensated according to the regulations on compensation for assets on land.
In Dong Nai, the North-South Expressway to the east of the section through Xuan Loc district, agricultural and non-agricultural land, the specific land price for calculating compensation when the State recovers land has the lowest price of 120,000 VND/ m2 and the highest is more than 4.8 million VND/m2 depending on the land location.
In Duc Thinh commune, Ha Tinh province, the compensation price for agricultural land is 42,600 VND/m2 when the government recovers the land for the North-South expressway.
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 “Land compensation for highways under Vietnam law”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Land compensation for highways under Vietnam law” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- What is a land database 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
Pursuant to Article 74 of the 2013 Land Law stipulating the principle of compensation for land when the State recovers land as follows:
“Article 74. Principles of compensation for land when the State recovers land
When land users recover land by the State, if they fully satisfy the conditions for compensation specified in Article 75 of this Law, they shall be compensated.
The compensation shall be made by allocating land with the same use purpose as the recovered land. If there is no land for compensation, monetary compensation will be paid at the specific land price of the type of land recovered by the Committee. Provincial people decide at the time of land recovery decision.”
– One is land compensation: This compensation is made by allocating land with the same use purpose as the acquired land. If the type of land acquired is agricultural land, compensation will be equal to an equivalent agricultural land area.
– The second is compensation in money: In case there is no land to compensate, people will be compensated with an amount equal to the value of land use rights calculated according to the land price at the time of decision on recovery. In case of compensation by new land allocation, if there is a difference in value, payment must be made in cash for such difference.
Pursuant to Article 75 of the 2013 Land Law stipulating the conditions for compensation for land when the State recovers it for national defense and security purposes; socio-economic development for national and public interests as follows:
“Article 75. Conditions for compensation for land when the State recovers land for defense and security purposes; socio-economic development for national and public interests
Households and individuals that are using land other than land with annual rental payment, have a certificate of land use right, a certificate of house ownership and residential land use right, and a certificate of land use right. receive land use rights and ownership of houses and other land-attached assets (hereinafter collectively referred to as Certificates) or are eligible to be granted a Certificate of land use right and house ownership and other land-attached assets under the provisions of this Law that have not yet been granted, except for the case specified in Clause 2, Article 77 of this Law; overseas Vietnamese who are entitled to own houses associated with residential land use rights in Vietnam and have a Certificate or are eligible for a Certificate of land use right or ownership. houses and other properties attached to land according to the provisions of this Law that have not yet been granted.”
Conclusion: So the above is Land compensation for highways 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
