Applying The Law Of Land Compensation And Land Clearance In Practice

After the economic crisis of 2006-2007, our economy has just been restored in recent years. Along with science, technology and industry, the real estate industry has also developed rapidly and is one of the spearhead industries that pushes our economy up.

You can read more information at Vietnam Real Estate Law

Over the past decade, the face of the real estate industry has changed a lot. Accordingly, the state has also adopted a policy of amending and supplementing the land law, land compensation law, to support and clear Investors trading real estate is very effective.

Land Law 2013 regulates land acquisition and compensation

The Land Law 2013 will take effect on 1 July 2014. There are new provisions in the law that address constraints not covered by the old law and address many of the issues in compensation, clearance and land acquisition.

National Assembly passes the Land Law 2013

Under Chapter VI of the Land Law, 2013 is made into three sections. In which articles 61 to 73 in Section 1 regulate the withdrawal and requisition of land.

Land compensation and resettlement assistance are stipulated in Articles 74 – 87, Section 2, Chapter VI of Land Law 2013 as follows:

Article 74.- Principles for land compensation when the State recovers land

Article 75.- Conditions for being compensated for land when the State recovers land for defense or security purposes; Socio-economic development for the benefit of the nation and the public.

Article 76.- Compensation for investment in the land left when the State recovers land for defense and security purposes; Socio-economic development for the benefit of the nation and the public.

Article 77.- Land compensation and investment costs in the remaining land when the State recovers agricultural land from households or individuals.

Article 78.- Land compensation and investment expenses for land left by the State when recovering agricultural land by economic organizations, public non-business organizations, financial autonomy, population communities and religious establishments.

Article 79.- Land compensation when the State recovers residential land.

Article 80.- Land indemnities and expenses for investment in the land left by the State when non-agricultural land is recovered are not the residential lands of households or individuals.

Article 81.- Land indemnities and expenses for investment in the land left by the State when non-agricultural land is recovered are not a residential land of economic organizations, public non-business organizations, financial autonomy and population communities. Residents, religious or belief establishments, Vietnamese residing overseas, foreign organizations with diplomatic functions or foreign-invested enterprises.

Article 82.- In cases where the land is recovered by the State, the land shall not be compensated.

Article 83.- Support when the State recovers land.

Article 84.- Support for training, job change and job search for households and individuals when land is recovered by the State.

Article 85. Development and implementation of resettlement projects.

Article 86.- Arrangement of resettlement for people whose land is recovered and relocated.

Article 87.- Compensation, support and resettlement for special cases

Application of land compensation and clearance law 2013 from 2016 to present

According to the new Land Law, individuals and organizations whose land is in the area of compensation or site clearance are facilitated to support and settle the earliest.

Accordingly, when people are subject to recovery of state land will have policies to support recovery under Article 83: Support when the State recovers land

Specific:

Clause 1. Principles for support when the State recovers land:

1. a) Land users, when recovering land in addition to the compensation in accordance with the provisions of this Law, shall be considered by the State for assistance.
2. b) The support must be objective, fair, timely, public and in compliance with the provisions of law.

Clause 2. Supports when the State recovers land include:

1. a) Support to stabilize life and production

b / Support for training, job change and job search in case of recovery of agricultural land by households and individuals directly engaged in agricultural production; land acquisition in combination with business services of households and individuals that have to relocate.

1. c) Assistance for resettlement in cases of recovery of a residential land of households, individuals and Vietnamese residing overseas, but must relocate their dwelling places.
2. d) Other support.

Clause 3: The Government details this

A resettlement area

The compensation for land acquisition will be implemented in accordance with the law. Land compensation will be calculated based on the land use purpose and specific price of each land type at the time of recovery.

The compensation for land acquisition is carried out in accordance with the provisions of Clause 2, Article 74, Section 2, Chapter VI of the Land Law 2013:

Item 2 Article 74. Principles for land compensation when the State recovers land is stipulated as follows:

“Compensation shall be affected by the allocation of land with the same use purpose to the recovered land. If there is no land for compensation, compensation shall be made in cash at the specific land price of the land to be recovered by the People’s Committee. Provincial people decided at the time of land recovery decision. “

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