Having the right to use the newly compensated land upon recovery

Tue, 17 Dec 2019 15:36:00  |  Print  |  Email   Share:

In 2004, Mr. Leo Van Truong's family (Chieng An, Sơn La) was confiscated production land so that a company inprovince could exploit the stone and was supported compensation at that time, the lease term of the land is 15 years. So, if the company wants to rent more, will his family be entitled to compensation support? And which documents are based on for this entitlement?

Regarding this issue, Department of Natural Resources and Environment of Son La Province responds as follows:

Clause 8, Article 3 of the Land Law states: “8. The State leases land use rights (hereinafter referred to as the State leases land) which is the decision of the State to grant land use rights to subjects having land use demand through land use right lease contracts. ”

Clause 11, Article 3 of the Land Law states: “11. Land recovery by the State means the State's decision to reclaim land use rights or recover land from land users who violate the land law. "

According to the above regulation, in 2004, the State took back the land use right of Mr. Leo Van Truong's family to hand over land use rights to limestone mining enterprises (the provincial People's Committee leased the land to the provincial People's Committee).

Clause 3, Article 126 of the Land Law stipulates: “3. The term for land allocation or land lease to organizations for the purpose of agriculture, forestry, aquaculture or salt production; to organizations, households or individuals for the purpose of trading and services or for non-agricultural production establishments; to organizations for implementing investment projects; to overseas Vietnamese and foreign-invested enterprises for implementing investment projects in Vietnam, shall be considered and decided on the basis of the investment projects or applications for land allocation or land lease, but must not exceed 50 years.

At the expiry of the term, if the land users still have land use needs, the State shall consider an extension which must not exceed the term prescribed in this Clause.

Article 170 of the Land Law on General Obligations of land users:

2. To declare and register land; to complete all related procedures upon exchange, transfer, lease, sublease, inheritance, donation of land use rights; mortgage or contribution of land use rights as capital in accordance with law.

3. To fulfill financial obligations in accordance with law.

7. To return the land upon the State’s decision on land recovery or at the expiry of the land use term without being permitted to extend the land use term.

Thus, in case the enterprise wants to extend the land use, the State agency will consider the needs of the business, if eligible for the extension of land use, the Provincial People's Committee will issue a decision to extend the land use, enterprises continue to be leased land and do not have to perform compensation and site clearance (because enterprises are granted land use rights by the State, the extension time is counted from the time of land use expiry). .In case the enterprise is not eligible for the extension of land use, the Provincial People's Committee will revoke and assign the land fund development organization, the People's Committee of Chieng An ward or the City People's Committee to manage as planned.

Clause 6, Article 166 of the Land Law provides general rights of land users: “6. To be compensated when the State recovers land in accordance with this Law. "

Accordingly, only people with land use rights, when the State recovers, they will be compensated according to regulations. Because Mr. Truong's family has had their land withdrawn since 2004 (the State has reclaimed his family's land-use rights), so when an enterprise has its land-use extension extended, his family is not compensated.

By: Online Newspaper of the Government / Translator: HaiYen-Bizic

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