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Compensation for remaining land investment costs when the State recovers land, is a legitimate right of land users according to the provisions of the Land Law 2024. This process ensures the rights of people when their land is recovered, including the costs of site clearance, land improvement and other investments. Please follow Long Phan’s article to understand the latest regulations on how to accurately determine compensation in accordance with the law.
Pursuant to Article 17 of Decree 88/2024/ND-CP, the remaining land investment costs are the costs that land users have invested in the land according to the provisions of Clause 7, Article 3 of the Land Law. Specifically, the remaining land investment costs are specified in Clause 2, Article 107 of the Land Law 2024 including:
According to Clause 2 and Clause 3, Article 17 of Decree 88/2024/ND-CP, in order to be compensated for the remaining investment costs on land when the State reclaims land, it is necessary to determine the investment costs and have supporting documents and records including:
According to Article 107 of the Land Law 2024, compensation applies when the State recovers land for the purposes of national defense, security and socio-economic development. In addition, the Land Law 2024 stipulates cases where compensation for land is not provided but is still compensated for remaining land investment costs, which land users need to pay attention to. Specifically, they are:
In case the State does not adequately compensate and land users do not agree with the compensation plan, Article 237 of the Land Law 2024 stipulates that people have the right to take measures to protect their rights. Specifically, land users and people with rights and obligations related to land use who have grounds to believe that the State compensates for land inadequately have the right to:
And when carrying out the complaint procedure, the complainant needs to pay attention to the statute of limitations for complaints. Pursuant to the provisions of Article 9 of the Law on Complaints 2011, the statute of limitations for complaints about administrative decisions or administrative acts in the field of land management is 90 days from the date the people receive or learn of an unreasonable compensation decision.
But if the complainant cannot exercise the right to complain on time due to illness, natural disaster, enemy sabotage, long-distance business trip, study or other objective obstacles, then the period of that obstacle will not be included in the statute of limitations for complaints.
Therefore, understanding the rights to complain and the statute of limitations for complaints is very important to ensure the rights of land users during the compensation process.
Long Phan provides in-depth consulting and support services on land compensation, focusing on ensuring optimal benefits for customers. Long Phan’s services will support you comprehensively in the compensation process, from document preparation to dispute resolution. Below are the services that Long Phan provides to you as follows:
Long Phan provides in-depth consulting services on land compensation:
With a team of experienced experts, Long Phan is committed to providing optimal solutions to help you receive worthy compensation. Please contact Long Phan immediately via the hotline: 0906735386 for a free consultation and to accompany you throughout the compensation settlement process.
Note: The content of the articles published on the website of Long Phan Investment Consulting Company is for reference only regarding the application of legal policies. Depending on the time, subject, and amendments, supplements, and replacements of legal policies and legal documents, the consulting content may no longer be appropriate for the situation you are facing or need legal advice on. In case you need specific and in-depth advice according to each case or incident, please contact us through the methods below. With our enthusiasm and dedication, we believe that Long Phan will be a reliable solution provider for our clients.
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