When will property on land not be compensated when the State recovers land?

Article overview

Compensation for assets on land when the State recovers land, it is the right of the land user according to the law, but compensation is not provided in all cases. The Land Law 2024 clearly stipulates cases where compensation is not granted. Understanding these regulations helps people protect their rights when the State recovers land. The article below will specifically inform you about the case of not being compensated for assets on land when confiscated according to the Land Law 2024.

There will be no compensation for assets on land when the State recovers land
There will be no compensation for assets on land when the State recovers land

What are assets attached to land?

According to Clause 4, Article 3 of Decree 21/2021/ND-CP, assets attached to land include houses and construction works belonging to housing construction investment projects; individual houses according to the provisions of the Housing Law; other construction works; perennial trees, production forests are planted forests or other objects attached to land according to the provisions of law.

Perennial trees and production forests are planted forests
Perennial trees and production forests are planted forests

Regulations on compensation for damage to houses and construction works

According to the provisions of Article 102 of the Land Law 2024, regulations on compensation for damage to houses, houses, and constructions attached to land when the State recovers land are as follows:

  1. For houses and structures serving daily life attached to land of households, individuals, and people of Vietnamese origin residing abroad that must be dismantled or demolished when the State recovers the land, the homeowner shall be the owner of the house. Those houses and works will be compensated with the value of new construction of houses and works with equivalent technical standards according to relevant laws.

Owners of houses and constructions are allowed to use the remaining materials of the houses and constructions.

  1. For houses and constructions attached to land that do not fall into the cases specified in Clause 1, Article 102 of the Land Law 2024, when the State recovers land and is dismantled or demolished in whole or in part, compensation will be provided. Damages are as follows:
  • For houses and construction works that are completely or partially dismantled or demolished while the remaining part does not meet technical standards as prescribed by law, compensation shall be equal to the new construction value of the house or construction work with equivalent technical standards as prescribed by law on construction;
  • For houses and other construction works that are dismantled or demolished that do not fall into the above cases, compensation will be paid according to actual damage.
  1. For technical infrastructure works and social infrastructure works attached to land in use that are not subject to the provisions of (1) and (2) Article 102 of the Land Law 2024, the compensation level shall be calculated by the new construction value of works with equivalent technical standards according to the provisions of specialized laws.
  2. The Provincial People’s Committee issues the unit price of compensation for actual damage to houses, houses, and construction works specified in Article 102 of the Land Law 2024 as a basis for calculating compensation when land is recovered; The damage compensation unit price specified in Article 102 of the Land Law 2024 is guaranteed to be consistent with the market price and must be considered for adjustment when there are fluctuations to serve as a basis for calculating compensation when land is recovered.

Cases of not being compensated for assets on land when the State recovers land

According to Article 105 of the Land Law 2024, the following cases will not be compensated for assets on land:

  • Using land for improper purposes and continuing to violate after being fined;
  • The land user destroys the land and has been administratively sanctioned for land destruction but continues to violate it;
  • Land is allocated or leased to the wrong people or without the right authority;
  • Land received from transfer or donation from a person who has been allocated land or leased land by the State is in the case of not being able to transfer or donate land;
  • The land was assigned to be managed by the State but was allowed to be encroached upon and occupied;
  • Land allocated, leased, allowed to change use purpose, recognized by the State, or received transfer of land use rights to implement an investment project that has not been used for a period of 12 consecutive months;
  • An individual using land dies without an heir after fulfilling property obligations;
  • Land is allocated and leased by the State for a limited period of time but land use is not extended.

In addition, assets attached to land that were created illegally or within the land recovery notice period, or assets that are structures that are no longer needed for use before the land recovery decision is issued, will also not be considered. be compensated for assets on land.

In addition, compared to the Land Law 2013, the new regulation has added a case where compensation for assets on land is not allowed for the part of the construction work under a limited-term license that has expired by the time of land recovery.

Improper use of land
Improper use of land

Consulting services on compensation procedures for assets on land when the State recovers land in Long Phan

Long Phan provides in-depth consulting services on land compensation. A team of experts knowledgeable about land law will analyze each specific case. We support determining compensation benefits according to regulations. Long Phan’s services include:

  • Consulting on cases of compensation for land, compensation for assets on land when land is recovered by the State;
  • Consulting on compensation options when the state recovers land;
  • Consulting on compensation levels when land is recovered;
  • Instructions on compensation claim procedures;
  • Consulting on preparation of documents and complaint procedures when the compensation level is not satisfactory;
  • Representing customers in working with state agencies;
  • Support for dispute resolution;
  • Consulting on other issues related to compensation when the state recovers land;

Customers who need advice on cases of whether or not they will be compensated for assets on land when the State recovers land, please contact Long Phan immediately via hotline: 0906735386. Our team of experts will analyze your specific case, advise on options and assist in implementing the necessary procedures to protect your rights.