Conditions for land-related compensation when the State recovers land

1. Subjects entitled to land-related compensation

In accordance with Clause 1, Article 95, Land Law 2024, subjects entitled to land-related compensation when the State recovers land for national defense and security purposes; or for socio-economic development for national and public interests include:

-  Households and individuals currently using land other than land leased with annual land rental payment;

-  Residential communities currently using land under such works as pagodas, communal houses, temples, shrines, ancestral worshipping houses or other religious works; or agricultural land

-  People of Vietnamese origin residing abroad;

- Religious organizations and dependent religious organizations licensed by the State and currently using land other than land allocated or leased by the State or other than land acquired or donated from July 1, 2004, onward;

- People of Vietnamese origin residing abroad who are allocated land by the State with land use levy payment or leased land by the State with one-off payment of land rental payment for the entire lease period; or who acquire land use rights in industrial parks, cottage industry zones, hi-tech parks and economic zones;

- Organizations allocated land by the State with land use levy payment or leased land by the State with one-off payment of land rental for the entire lease period; or inherit or acquire land use rights or receive land use rights as capital contributions;

-  Foreign organizations with diplomatic functions and leased land by the State with one-off payment of land rental for the entire lease period;

-  Economic organizations, people of Vietnamese origin residing abroad, and foreign-invested economic organizations allocated land by the State with land use levy payment for implementation of investment projects on construction of houses for sale or for combined sale and lease; or leased land by the State with one-off payment of land rental for the entire lease period.

2. Conditions for land-related compensation when the State recovers land

A subject specified in Clause 2, Article 95 of the Land Law 2024 is entitled to land-related compensation when satisfying one of the following conditions

-  Possessing a certificate of land use rights or certificate of ownership of houses and residential land use rights or certificate of land use rights and ownership of houses and other land-attached assets or certificate of land use rights and ownership of land-attached assets;

-  Having a land allocation decision or land lease decision or decision permitting land repurposing issued by a competent state agency;

-  Having one of land use rights papers for use as a basis for issuance of a certificate of land use rights and ownership of land-attached assets;

-  Having acquired land use rights in accordance with law from a person having lawful land use rights but having not yet completed land registration procedures;

- Being entitled to use land as agreed upon in a mortgage contract to settle debts or a document on recognition of results of the auction of land use rights, provided that the auction winner has fulfilled its/his/her financial obligations in accordance with law.
 

3. Other subjects entitled to land-related compensation and conditions for receiving land-related compensation

Apart from the above subjects, the Decree No. 88/2024/ND also prescribes other subjects entitled to land-related compensation and conditions for receiving land-related compensation defined in Clause 3 Article 95 of the Land Law.

-  Households and individuals currently use land without land use rights documents but meet the conditions for issuance of a certificate of land use rights and ownership of land-attached assets (hereinafter referred to as a certificate of land use rights) in accordance with Clauses 1, 2, 3, 4, 5 and 6 Article 138 of the Land Law.

- Households and individuals currently use land but committed violations of the land law before July 1, 2014, have been using the land stably, are subjects to be considered for issuance of a certificate of land use rights under Clause 1, Point a and Point c Clause 2, Clause 3, Clause 4 Article 139 of the Land Law.

- Households and individuals currently use land allocated ultra vires as specified in the land law at the time of land allocation or in case of use of land from purchase, liquidation or distribution of houses and construction works attached to land in contravention of law, but have been using the land stably before July 1, 2014.

In case the land has been allocated ultra vires in the period from July 1, 2014 to before the effective date of the Land Law, the documents proving their payment of land use levy are required.

- In case households and individuals currently use land with a land use rights document but the type of land stated in the issued paper is different from a type of land classified in accordance with Article 9 of the Land Law or is different from the land-use status quo, the compensation shall be applied to the type of land after the determination of type of land under Clause 2 Article 10 of the Land Law.

- Households and individuals directly engaged in agricultural production are using agricultural land that is in stable use before July 1, 2004 but fall into the cases not entitled to issuance of certificates of land use rights.