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Households and individuals that acquired residential land along with houses, independent houses and residential structures prior to July 1, 2014, but have yet to obtain certificates of land use rights or ownership of houses and other land-attached assets would be eligible for land compensation if they neither violate the land law nor fall into the case of ultra-vires allocation of land.
Such is proposed by the Ministry of Natural Resources and Environment (MONRE) in a draft decree on compensation, support and resettlement upon land recovery by the State under the 2024 Land Law.
Accordingly, in case the State recovers the whole or part of a parcel of residential land, an independent house or a residential structure, and the area of the land plot, house or residential structure is equal to or exceeds the residential land allocation quota specified in the Land Law, the land user would receive a compensation equivalent to the allocation quota.
If the area of the land plot, house or residential structure is smaller than the residential land allocation quota, the land user would be eligible for a compensation corresponding to the whole area of the to-be-recovered land plot.
In case the to-be-recovered land plot is used for non-agricultural production, commercial or service purposes, land compensation would be calculated based on the land area actually in use.
In case land users eligible for land compensation under this policy have yet to fulfill all due land-related financial obligations toward the State, such obligations would be deducted from the compensation amounts.-(VLLF)
