What should I do if the State recovers land but the compensation is not satisfactory?

The state recovers land is the process of recovering people’s land use rights according to the provisions of the Land Law 2024 to serve national and public interests. Land compensation needs to ensure legitimate rights for affected people, but in reality, there are still cases where compensation is not satisfactory. Therefore, let’s follow Long Phan’s article to help you understand the law and best protect your rights.

Principles of compensation, support, and resettlement when the State recovers land according to the latest regulations

The Land Law 2024 clearly stipulates compensation principles when the State recovers land. The implementation of compensation must ensure democracy, fairness and transparency. People have the right to choose the form of compensation that suits their wishes. Pursuant to Article 91 of the Land Law 2024, compensation principles include:

1. Compensation, support and resettlement when the State recovers land must ensure democracy, objectivity, fairness, openness, transparency, timeliness and compliance with the law; for the common good, sustainable, civilized and modern development of the community and locality; Pay attention to social policy subjects and direct agricultural production subjects.
2. Land compensation is carried out by allocating land with the same use purpose as the recovered land. In case there is no land for compensation, compensation will be made in money according to the specific land price of the recovered land set by the Committee. The People’s Committee at the competent level decides at the time of approving the compensation, support and resettlement plan. In case the person whose land is recovered and is compensated in land or housing but needs to be compensated in money, they will be compensated in money according to their registered wishes when making compensation, support and resettlement plans.
3. For those whose land is recovered, if there is a need and the locality has conditions for land and housing funds, compensation will be considered in the form of land with a different use purpose than the type of land recovered or in housing.
4. Property owners under civil law who suffer damage to their assets are entitled to compensation; business owners whose production is halted because the State recovers land may be considered for support.
5. The State is responsible for supporting people with recovered land and property owners to create conditions for people with recovered land and property owners to have jobs, income, and stabilize their lives and production.
6. The resettlement area must complete the conditions of synchronous technical and social infrastructure according to the detailed planning approved by the competent authority; At the same time, it must be consistent with the cultural traditions, customs and practices of the community where the recovered land is located. Resettlement areas can be arranged for one or more projects.
7. Provincial People’s Committees and District People’s Committees are responsible for organizing the preparation and implementation of resettlement projects to ensure initiative in arranging resettlement for people whose land is recovered. Approval of compensation, support, resettlement plans and resettlement arrangements must be completed before a decision on land recovery is made.
8. When the State recovers land according to the provisions of Article 78 and Article 79 of the Land Law 2024 and the remaining area of ​​the land plot after recovery is smaller than the minimum area prescribed by the Provincial People’s Committee in terms of area. Minimum area in Clause 2, Article 220 of the Land Law 2024, if the land user agrees to recover land, the People’s Committee at the competent level shall decide to recover the land and carry out compensation, support, and area management. This land area is in accordance with the provisions of law.

Cases of compensation when the State recovers residential land

Identifying compensation recipients is an important step in the land recovery process. Article 98 of the Land Law 2024 specifically stipulates cases of receiving compensation. Land users need to clearly understand their rights. Specifically:

• Households, individuals, people of Vietnamese origin residing abroad, economic organizations using residential land, owning houses attached to land use rights in Vietnam when the State recovers land, if If you are eligible for compensation as prescribed in Article 95 of the Land Law 2024, you will be compensated in the form of residential land or houses, in money or in land with a use purpose other than the type of land recovered.
• Economic organizations, people of Vietnamese origin residing abroad, economic organizations with foreign investment capital are using land to implement housing construction investment projects when the State recovers land, if there is enough land. Compensation conditions specified in Article 95 of the Land Law 2024 include compensation in money or land.

What to do when the State compensates for land inadequately?

In case of disagreement with the compensation plan, people have the right to take measures to protect their rights as prescribed in Article 237 of the Land Law 2024. Specifically, when land users, people with rights and obligations Regarding land use, if there are grounds to believe that the State’s compensation for land is inadequate, the State has the right to:

• Complaints about administrative decisions and administrative acts on land management. The order and procedures for resolving complaints about administrative decisions and administrative acts on land management will be implemented in accordance with the law on complaints.
• Or sue administrative decisions or administrative acts on land management. The order and procedures for suing administrative decisions and administrative acts on land management comply with the provisions of law on administrative proceedings.

In addition, land users must pay attention to the statute of limitations for land compensation complaints. Pursuant to the provisions of Article 9 of the Law on Complaints 2011, the statute of limitations for complaining about administrative decisions or administrative acts on land management is 90 days from the date of receiving or knowing that the land compensation decision is unsatisfactory.

Note: If the complainant cannot exercise the right to complain within the statute of limitations due to illness, natural disaster, enemy sabotage, business trip, study in a far away place or other objective obstacles, the time limit will be limited. That delay does not count toward the statute of limitations for complaints.

Consulting services on land compensation due to land recovery by the State in Long Phan

Long Phan provides professional consulting services on land compensation. Our experienced team will support customers throughout the entire process as well as protect the maximum rights of those whose land is recovered. At Long Phan, customers will receive the following consulting and support services:

• Consulting on appraisal of compensation and resettlement support plans according to the latest regulations.
• Drafting complaint files, applications and legal documents related to land compensation.
• Representing negotiations with state agencies on compensation plans and specific land prices.
• Consulting on choosing the appropriate form of compensation (in money, in land or resettlement).
• Support authorized representatives to carry out administrative complaint procedures and initiate lawsuits in administrative courts.
• Supervise the process of implementing compensation plans, ensuring customers’ rights.
• Consulting to resolve problems arising during the process of receiving compensation and resettlement.

If customers are having problems with inadequate land compensation, Long Phan is ready to support you in a timely, quick and effective manner from the consultation stage to completing legal procedures. management, ensuring maximum benefits for customers during the land compensation process. Please contact Long Phan via the hotline 0906735386 for detailed advice and optimal solutions for your case.