1. Conditions for compensation when the State recovers land:

The issue of compensation when recovering land is one of the areas that receives special attention from people, so to ensure fairness and transparency, the State regulates principles for conducting land compensation. According to the provisions of Clause 1, Article 74 of the 2013 Land Law, one of the principles of compensation for land when the State recovers clearly states that the land user will have their land recovered by the State and compensation must be guaranteed. fully meet the conditions specified in Article 75 of the Land Law 2013. Referring to the provisions in Article 75 of the Land Law 2013, the conditions for compensation for land when the State recovers land for serving defense security; At the same time, with the goal of socio-economic development or for the national public benefit applied to individual households, the following contents are stipulated:

 For households and individuals that are using land legally, but it is not leased land with annual rental payments, but has a certificate of land use rights, a certificate of house ownership and use rights. residential land use; Individual households are using land even though they do not have a certificate of land use rights, ownership of houses and assets attached to land according to the provisions of the land law, but in reality these households , this individual fully meets the conditions to be granted a certificate that has not yet been granted, except for the case specified in Clause 2 of Article 77 of this Law;

 For Vietnamese people residing abroad, they are eligible to own houses associated with residential land use rights in Vietnam with a certificate or with all the conditions to be granted a certificate of use rights. Land use, ownership of houses and other assets attached to land specified in this Law but not yet granted.

 In cases where people are using land without documents on land use rights, compensation is carried out according to the instructions in Article 13 of Decree 47/2014/ND-CP amended by Decree 06/ 2020/ND-CP. Accordingly, when the State recovers land, the land user does not actually own the land use rights documents as stipulated in Clause 1, Clause 2 and 3, Article 100 of the Land Law and Article 18 of the Decree. No. 43/2014/ND-CP amended by Decree 06/2020/ND-CP which considers in fact if all the conditions are met to be granted a certificate of land use rights, ownership of housing and other assets. Other assets attached to land specified in Articles 101, 102 of the Land Law and Articles 20, 22, 23, 25, 27, 28 of Decree No. 43/2014/ND-CP are still carried out by the state. Compensation for land according to regulations; Individuals who own land and are confiscated by the State will be compensated in money. The amount of compensation paid to the people will have to deduct financial obligations in accordance with the provisions of law, for example: land use fees, land rental or water surface rental;

Thus, in order for individuals and households to be compensated for land, they must ensure the conditions according to regulations, according to which the land must be issued with a land use right certificate or in cases where a certificate of land use rights has not been granted. must meet the conditions to be granted a certificate. The issuance of land use rights certificates to individual households must be based on many different factors, such as land management records of local competent state agencies, land use rights or related to the origin of the land use process of individual households.

2. Land compensation regulations in case of joint land use rights:

– Land compensation when the State recovers co-owned land has been specifically recorded in Article 15 of the 2013 Land Law:

+ Household organizations and individuals who are using land with joint use rights and the state recovers this land area to serve national defense and security as well as socio-economic development will receive compensation. according to regulations. Compensation land area will be based on the actual area that this organization, household, or individual has the right to use. In cases where there are no documents identifying the land area with separate use rights of organizations, individuals, or households, the State will generally compensate all subjects with joint land use rights;

+ The division of land compensation to the subjects with co-use rights will be guided by the Provincial People's Committee to avoid disputes or unfairness during the division process. indemnify.

– In addition, in Article 6 of the 2013 Land Law, compensation for land when the State recovers residential land specified in Article 79 of the Land Law will be implemented as follows:

+ For land owned by households and individuals; Vietnamese people residing abroad and when the state proceeds to recover land if they find that they have a land use right certificate or ensure full conditions to be granted a land use right certificate, house ownership and For other assets attached to land according to the provisions of land law, the land compensation process will be carried out with the following instructions:

Considering the area that the state recovers in case all residential land is recovered or the remaining residential land area after recovery does not ensure full conditions for living in accordance with the regulations set by the Committee. Provincial people have given instructions.

At the same time, individual households that no longer have any other residential land located in the commune, ward or town where the residential land is recovered will be compensated with residential land or resettlement housing; In case the entire residential land is recovered or the remaining residential land area after recovery is not eligible for housing according to the regulations of the Provincial People's Committee but the individual household still has other residential land in the locality. Communes, wards and towns where residential land is recovered will be compensated in money corresponding to the value of the land area owned by the individual household;

+ Regarding land ownership of a household, if there are many generations in a household or many couples living together on the same plot of land that the State has recovered, it is necessary to consider the conditions for separation. each individual household in accordance with the provisions of law related to the Residence Law. Or in case there are many households sharing the right to use a plot of land they recover, the Provincial People's Committee must base on the actual situation of the local land fund that owns the resettlement house to make a decision. Land level for resettlement housing for each household...

With the above regulations, land compensation for co-owners of land use rights is not clearly different from land compensation when land use rights are privately owned. The distribution of land compensation to people with joint land use rights will be guided by the Provincial People's Committee. If households have the same land use rights, the conditions will be considered to separate each household if in reality there are many generations of couples living together on one plot of land. This, when implemented, will support the resettlement of households.

3. Determining compensation for land recovery:

– The level of compensation for land recovery is one of the issues that people always pay attention to and focus on understanding because the level of compensation directly affects the rights and interests of people when the state conducts land recovery. Currently, the way to calculate compensation for land recovery has been specifically regulated by the state in Decree 47/2014/ND-CP. The level of compensation for land recovery will be different related to normal types of land, for agricultural land, residential land and non-agricultural land will have clear differences in compensation for land recovery.

+ Agricultural land: Compensation level when recovering will be determined according to the remaining land use term and compensation level will be specified in Article 77, Article 78 of the 2013 Land Law;

+ Regarding compensation for residential land, Article 79 of the 2013 Land Law fully stipulates the contents when resolving compensation for recovery of residential land or houses in cases where there is no land for compensation. or the compensated person who does not need land compensation will be compensated in money;

+ The compensation level for land recovery is non-agricultural land guided in Article 7 of Decree 47/2014/ND-CP amended by Decree 06/2020/ND-CP. Note: Compensation levels for land recovery also vary between provinces and cities, and when calculating compensation levels for any type of land, the land recovery price approved by the Provincial People's Committee will be used. onion.

Legal documents used:

– Land Law 2013;

– Decree 06/2020/ND-CP amending Article 17 of Decree 47/2014/ND-CP regulating compensation, support, and resettlement when the State recovers land.