Today, land is owned by the entire people because the State is the representative of the owner. However, for different reasons in some cases land may be acquired. So about the matter “Regulations on planning for road construction in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 01/2017/ND-CP
What is planning land?
According to the provisions of Clause 2, Clause 3, Article 3 of the Land Law 2013, it can be understood as follows:
Land use planning is the allocation and zoning of land according to the space used for the purposes of socio-economic development, national defense, security, environmental protection and climate change adaptation in the world. 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.
·Land use plan is the division of land use planning over time for implementation in the land use planning period.
Regulations on planning for road construction in Vietnam
In your case, the land under compensation has been planned for road construction since 2000, families living in this area have built houses but did not build in the planning that the competent authority has approved. approval authority, then this road is further widened according to a new planning plan, the assets (including buildings, houses, trees …) of the households already living on it has been formed before the planning in this case, when there is a decision on land recovery, the competent authority must compensate for the land and the assets attached to the land in accordance with the provisions of the Land of Law 2013 above as follows:
Pursuant to Article 79 of the 2013 Land Law on compensation for land when the State recovers residential land, specifically as follows:
“Article 79. Compensation for land when the State recovers residential land
1. Households and individuals currently using residential land and overseas Vietnamese who own houses associated with land use rights in Vietnam and are eligible for compensation as prescribed in Article 75 of this Law, when the State recovers land, 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.
3. Economic organizations, overseas Vietnamese, foreign-invested enterprises that are using land to implement housing construction projects when the State recovers the land, if they are eligible, compensation specified in Article 75 of this Law shall be compensated for land.
4. The Government shall detail this Article.”
Regarding the issue of families having their houses withdrawn and having to partially dismantle their houses according to Article 6 of Decree 47/2014/ND-CP stipulating compensation and support; Resettlement when the State recovers land :
“Article 6. Compensation for land when the State recovers residential land
The compensation for land when the State recovers residential land as prescribed in Article 79 of the Land Law shall comply with the following provisions:
1. Households and individuals that are currently using residential land, and overseas Vietnamese who are owning houses with land use rights in Vietnam when the State recovers residential land and have a certificate of land use rights. land use rights or are eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets in accordance with the law on land, the compensation for land shall be made as follows: after:
a) In case all residential land is recovered or the remaining residential land area after recovery is ineligible for habitation as prescribed by the provincial People’s Committee, but the household or individual no longer has residential land or houses; Any other person in the commune, ward or township where the recovered residential land is located shall be compensated with residential land or house for resettlement;
b) In case all residential land is recovered or the remaining residential land area after recovery is ineligible for habitation as prescribed by the provincial People’s Committee, but the household or individual still has residential land or other houses; In the area of communes, wards or townships where the recovered residential land is located, they shall be compensated in cash. For localities with conditions on residential land fund, they shall be considered for compensation in residential land.
2. In the case in a household specified in Clause 1 of this Article in which there are many generations and many couples living together on a recovered residential land parcel, if they are eligible to separate into separate households according to the provisions of Clause 1 of this Article. According to the provisions of the law on residence, or if many households share the same right to use one (01) residential land parcel, the People’s Committee of the province shall base themselves on the residential land fund, resettled housing and the actual situation. Local economic authorities decide the level of residential land and houses for resettlement for each household.
3. Households, individuals and overseas Vietnamese who fall into the cases specified in Clause 1 of this Article and do not need compensation in residential land or resettlement housing shall be compensated by the State. usually in money.
4. For households and individuals that are using land when the State recovers land attached to houses in the case of having to relocate but are not eligible for compensation for residential land, if they do not have a place to live. Any other person in the commune, ward or township where the residential land is recovered shall be sold, leased, lease-purchased or allocated by the State with the collection of land use levy. Prices for selling, renting, leasing and buying houses; residential land prices for calculation of land use levy when the State allocates land shall be prescribed by the provincial-level People’s Committees.
5. If agricultural land is not recognized as residential land in the recovered residential land parcel, households and individuals with recovered land may change the land use purpose for that part of the land area to land. stay within the local residential land allocation quota, if the household or individual has a need and the change of purpose to residential land is in accordance with the master plan and plan on land use already approved by a competent state agency. Browser. Households and individuals, when changing land use purposes, must fulfill financial obligations in accordance with the law on collection of land use levies; collect land rent and water surface rent.
6. Economic organizations, overseas Vietnamese, and foreign-invested enterprises that are using land to implement housing construction projects when the State recovers the land, if they are eligible, compensation specified in Article 75 of the Land Law, the compensation shall comply with the following provisions:
a) In case a part of the project’s land area is recovered but the remaining part is still eligible to continue the project implementation, monetary compensation for the recovered land area shall be paid;
b) In case the entire land area is recovered or a part of the project’s land area is recovered but the remaining part is ineligible to continue the project implementation, compensation shall be made with land for project implementation or compensation. usually in money;
c) For projects that have been put into business when the State recovers land, they will be compensated in cash.”
According to Clause 3, Article 6 Decree No. 47/2014/ND-CP, in case there is no need for compensation in residential land or in resettlement houses, you will be compensated in cash by the State.
How long will it take to get the land with the planning?
Pursuant to Clause 3, Article 49 of the 2013 Land Law:
If the land area stated in the district-level annual land use plan has been announced to be recovered for project implementation, but after 3 years there is no decision on land recovery, the competent state agency shall approve the plan. land use must be adjusted.
In case the competent state agency approves the land use plan, the land use plan is not adjusted. Canceled or modified, canceled. But do not announce the adjustment, cancellation. The land user can continue to exercise the rights of the land user without restriction.
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Please see more
- The issuance of a land use right certificate in Vietnam is refused
- Regulation on resettlement land area in Vietnam
- Agricultural land use regime according to Vietnam land law
Frequently asked questions
In case the planned land fully meets the conditions specified in Article 188 on conversion, lease, transfer, inheritance, mortgage, etc., the owner of the planned land needs to satisfy a number of conditions. case below:
Possessing certificates of ownership and land use rights;
– The land is not in the process of intense dispute;
Land is not distrained to ensure judgment enforcement;
Land is still in use.
In case the planned land has not yet been decided by the State on the recovery work, the owner will have the right to transfer if the above conditions are satisfied. When purchasing land under planning with a certificate of land use right but the land is recovered, the owner will be compensated according to regulations. In addition, requests for refunds or lawsuits were not met.
Organizations, households and individuals may 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 land use right but who is a foreigner or an overseas Vietnamese who is not eligible to buy a house attached to land use rights is not entitled to a red book, but has the right 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).
The land use right is not distrained to secure judgment enforcement;
Undisputed land;
During the land use period.
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. You are free to buy and sell. 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
Conclusion: So the above is Regulations on planning for road construction in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
