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Conditions for receiving compensation when the State recovers land for national defense or security purpose; for socio-economic development in the national or public interest.

 

Through this following post, T2H would like to introduce information about conditions for receiving compensation when the State recovers land for national defense or security purpose; for socio-economic development in the national or public interest.

 

According to Article 75 of Land Law 2013, Conditions for receiving compensation when the State recovers land for national defense or security purpose; for socio-economic development in the national or public interest includes:

 

1.Households and individuals using land which is not leased land with annual rental payment: having or being eligible to be granted a certificate but not being granted that certificate yet.

Overseas Vietnamese who are eligible to own houses associated with land use rights in Vietnam and are granted a certificate, or being eligible to be granted such certificate but not being granted that certificate yet.

Exceptionally, for agricultural land which was used before July 1, 2004, of which land users are households and individuals directly engaged in agricultural production but have not been granted a certificate or not being eligible to be granted a certificate, the compensation must be made for the land area which is actually used and does not exceed the agricultural land allocation quota.

2.Communities and religious institutions using land which is not allocated or leased land by the State: having or being eligible to be granted a certificate but not being granted that certificate yet.

3.Overseas Vietnamese who are allocated land with land use levy by the State, or are leased land with full one-off rental payment for the entire lease period, or are transferred land use rights in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones:  having or being eligible to be granted a certificate but not being granted that certificate yet.

4.Organizations that are allocated land with land use levy by the State, or are leased land with full one-off rental payment for the entire lease period, or receive inherited land use rights, or are transferred land use rights for which the land use levy has been paid or the amount paid for the transfer does not originate from the state budget: having or being eligible to be granted a certificate but not being granted that certificate yet.

5.Foreign organizations with diplomatic functions that are leased land by the State with full one-off rental payment for the entire lease period: having or being eligible to be granted a certificate but not being granted that certificate yet.

6.Economic organizations, overseas Vietnamese and foreign-invested enterprises that are allocated by the State land with land use levy to implement investment projects for construction of houses for sale or for a combination of sale and rent, or are leased land with full one-off rental payment for the entire lease period: having or being eligible to be granted a certificate but not being granted that certificate yet.

 

Caution: A certificate of land use rights, a certificate of ownership of houses and residential land use rights, or a certificate of land use rights and ownership of houses and other land-attached assets above are referred to as the certificate.

 

Contact T2H Lawyers for more information.

T2H Law Liability limited company

Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: 20N7A Nguyen Thi Thap, Nhan Chinh Ward, Thanh Xuan District, Hanoi.

Phone: 0242 242 9900 – 0989 656 682

Website: https://t2h.vn

Email: contact.t2h@t2h.vn – huong.le@t2h.vn

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