Mr. Vinh asked, is the above case eligible for compensation and support?

The Department of Land Management, Ministry of Agriculture and Environment answered this question as follows:

Articles 95 and 96 of the 2024 Land Law stipulate the conditions for land compensation when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests; Land compensation when the State recovers agricultural land from households and individuals:

"Article 95. Conditions for land compensation when the State recovers land for national defense and security purposes; socio-economic development for national and public interests

1. Cases eligible for land compensation when the State recovers land for national defense and security purposes; socio-economic development for national and public interests include:

a) Households and individuals using land other than leased land with annual land rent payments;

b) Communities using land with constructions such as pagodas, communal houses, temples, shrines, hermitages, ancestral houses, and other religious constructions; agricultural land specified in Clause 4, Article 178 of this Law and such land is not in dispute, and is confirmed by the People's Committee of the commune where the land is located as land for common use by the community;

c) People of Vietnamese origin residing abroad specified in Clause 1, Article 44 of This Law;

d) Religious organizations and affiliated religious organizations permitted by the State to operate are using land that is not allocated or leased by the State; not land transferred or donated from July 1, 2004 onwards;

d) People of Vietnamese origin residing abroad who are allocated land by the State with land use fees collected, leased land with one-time land rent payment for the entire lease term; receive transfer of land use rights in industrial parks, industrial clusters, high-tech zones, economic zones;

e) Organizations allocated land by the State with land use fees collected, leased land with one-time land rent payment for the entire lease term; receive inheritance of land use rights, receive transfer of land use rights, receive capital contribution in the form of land use rights;

g) Foreign organizations with diplomatic functions that are leased land by the State with one-time land rent payment for the entire lease term;

h) Economic organizations, people of Vietnamese origin residing abroad, organizations Foreign-invested economic organizations are allocated land by the State with land use fees to carry out investment projects to build houses for sale or for sale combined with lease; lease land with one-time land rent payment for the entire lease term.

2. The cases specified in Clause 1 of this Article shall be compensated for land when one of the following conditions is met:

a) Having a Certificate of land use rights or a Certificate of house ownership and land use rights or a Certificate of land use rights, house ownership and other assets attached to land or a Certificate of land use rights, ownership of assets attached to land;

b) Having a land allocation decision or a land lease decision or a decision permitting the change of land use purpose issued by a competent state agency;

c) Having one of the documents on land use rights as a basis for granting a Certificate of land use rights, ownership of assets attached to land as prescribed in Article 137 of this Law;

d) Receiving the transfer of land use rights in accordance with the provisions of law from a person with legal land use rights but has not yet completed the land registration procedures;

dd) Being allowed to use land according to the agreement in the mortgage contract to settle debts; Document recognizing the results of the land use rights auction in which the auction winner has fulfilled financial obligations according to the provisions of law.

3. The Government shall prescribe other cases of land compensation and conditions for land compensation.

Article 96. Land compensation when the State recovers agricultural land from households and individuals

1. Households and individuals currently using agricultural land when the State recovers land, if they meet the conditions for compensation prescribed in Article 95 of this Law, shall be compensated in agricultural land or in money or in land with a different purpose than the recovered land or in housing.

2. Households and individuals currently using agricultural land when the State recovers land, shall be compensated for agricultural land as follows:

a) The area of agricultural land to be compensated includes the area within the limits prescribed in Articles 176 and 177 of this Law and the area of land received through inheritance;

b) For agricultural land areas that were transferred land use rights exceeding the limit before July 1, 2014, compensation and support shall be implemented according to Government regulations.

3. For agricultural land used before July 1, 2004, where the land users are households or individuals directly engaged in agricultural production but do not meet the conditions to be granted a Certificate of land use rights and ownership of assets attached to land according to the provisions of this Law, compensation shall be implemented according to Government regulations.

Conditions for land compensation

Article 5 and Article 12 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulate other cases of land compensation and conditions for land compensation as prescribed in Clause 3, Article 95 of the Land Law; Land compensation for households and individuals using land for agricultural purposes:

"Article 5. Other cases of land compensation and conditions for land compensation as prescribed in Clause 3, Article 95 of the Land Law

1. Households and individuals using land without documents on land use rights but are eligible for a Certificate of land use rights and ownership of assets attached to land (hereinafter referred to as the Certificate of land use rights) as prescribed in Clauses 1, 2, 3, 4, 5 and 6, Article 138 of the Land Law.

2. Households and individuals using land that have violated land laws before July 1, 2014 and have been using the land stably, falling into the cases considered for the issuance of a Certificate of land use rights as prescribed in Clause 1, Point a and Point c, Clause 2, Clause 3, Clause 4, Article 139 of the Land Law. Land Law.

3. Households and individuals who are using land allocated without proper authority according to the provisions of the law on land at the time of allocation or using land due to purchase, liquidation, valuation, distribution of houses, construction works attached to land not in accordance with the provisions of the law but have used the land stably before July 1, 2014.

For cases where land was allocated without proper authority from July 1, 2014 to before the effective date of the Land Law, there are documents proving that they have paid money to use the land.

4. Households and individuals who are using land with documents on land use rights where the land type determined on the issued documents is different from the land classification according to the provisions of Article 9 of the Land Law or different from the current land use status, compensation shall be made according to the land type after being re-determined according to the provisions of Clause 2, Article 10 of the Land Law.

5. Households and individuals directly engaged in agricultural production Enterprises using agricultural land that has been used stably before July 1, 2004 but do not meet the conditions for granting a Land Use Right Certificate.

… Article 12. Land compensation for households and individuals using land for agricultural purposes

1. In case of land use without land use right documents, if the conditions for compensation specified in Clause 1, Article 5 of this Decree are met, compensation for land shall be paid for the area of land recovered but not exceeding the limit for agricultural land allocation to individuals specified in Article 176 of the Land Law.

2. In case of land use in violation of land law before July 1, 2014, if the conditions for compensation specified in Clause 2, Article 5 of this Decree are met, compensation shall be paid for the area of land recovered but not exceeding the limit for agricultural land allocation to individuals specified in Article 176 of the Land Law.

For agricultural land that has been used stably due to self-reclamation, compensation for land shall be paid according to the limit for agricultural land allocation prescribed by the Provincial People's Committee.

3. In case of land use that was allocated without proper authority before July 1, 2014, if the conditions for compensation specified in Clause 3, Article 5 of this Decree are met, compensation shall be paid for the area of land recovered but not exceeding the limit for agricultural land allocation to individuals specified in Article 176 of the Land Law.

4. For the area of agricultural land that was used stably before July 1, 2004, where the land user is a household or individual directly engaged in agricultural production but does not meet the conditions for granting a Certificate of Land Use Rights, the following shall be handled:

a) In case of land use without land use right documents, if the recovered area exceeds the compensated area prescribed in Clause 1 of this Article, the land area to be compensated shall be equal to the actual recovered land area;

b) In case of land use in violation of land law, if the recovered area exceeds the compensated area prescribed in Clause 2 of this Article, the remaining area shall be considered for support according to the provisions of Clause 7 of this Article;

c) In case of land use that is not allocated in accordance with the authority, if the recovered area exceeds the compensated area prescribed in Clause 3 of this Article, the remaining area shall be considered for support according to the provisions of Clause 7 of this Article.

5. For agricultural land areas due to the transfer of land use rights exceeding the limit before July 1, 2014, compensation and support shall be implemented as follows:

a) In case of receiving transfer of land use rights from land users falling under the cases specified in Clause 2, Article 95 of the Land Law, compensation shall be made according to the actual recovered area;

b) In case of receiving transfer of land use rights from land users not falling under the cases specified in Clause 2, Article 95 of the Land Law, compensation and support shall be considered based on the land use origin of the transferor for each specific case according to the provisions in Clauses 1, 2, 3 and 4 of this Article.

6. When compensating for agricultural land currently used by households and individuals due to the State's allocation of land, recognition of land use rights, or transfer of land use rights in accordance with the provisions of law, the land use period for calculating compensation shall be applied according to the land use period prescribed in Point a, Clause 1, Article 172 of the Land Law without subtracting the previous land use period.

7. For the remaining recovered area of the land plot but not compensated for land in accordance with the provisions of Clauses 1, 2, 3, 4 and 5 of this Article, the Provincial People's Committee shall, based on the actual situation in the locality, decide on other support for each specific project."