CONDITIONS FOR LAND COMPENSATION IN CASES WHERE THE ACTUAL AREA EXCEEDS THE AREA ON OFFICIAL DOCUMEN

Situation:

I have been using the land plot number 302, map sheet 43, in commune L, district P, province T since before 1975, and it has been granted a land title document. The area shown in the land title document is 2,100 square meters. It is expected that in October 2024, the entire area will be acquired by the competent authority for a socio-economic development project. According to the field measurement extract, the land area is 2,600 square meters. I would like to ask the lawyer, am I entitled to compensation? If so, will the compensation be based on the area stated in the land title document or the actual land area?

FDVN’s Opinions: 

According to point b Clause 1 Article 137 of Land Law 2024 on the cases for Issuance of certificates of title for land use:

“1. Any household or individual that is using land stably and obtaining any of the following documents made before October 15, 1993 shall be issued a certificate of title and not be required to pay land levy:

b) One of the documents on LURs issued by a competent authority under the Republic of Vietnam (RVN) government to the land user, including: cadastral documents…”

Accordingly, the land you possess with a "cadastral document" is a type of document issued by the competent authority under the former regime. Therefore, if you are currently using the land in a stable manner and possess a "Bằng khoán điền thổ," you meet the conditions to request the issuance of a Land Use Rights Certificate in accordance with the law. Additionally, Article 95 of this Law stipulates the conditions for receiving land compensation.

“1. Entities that are eligible for land-related recompense when the State expropriates land for national defense or security purpose; for socio-economic development purpose in the national/public interest include:

a) Household/ individual that is using land which is not leased with annual land rent payments;

…

2. The entity prescribed in clause 1 of this Article shall be given land-related recompense if:

c) They possess one of documents on LURs forming the basis of grant of a Certificate of title according to regulations in Article 137 of this Law;”

Thus, according to the above-mentioned regulations, you are eligible for land compensation when the State recovers land for purposes of national defense, security, or socio-economic development in the interest of the nation and the public.

Regarding the land area eligible for compensation: 

In cases where compensation is determined based on documents or actual surveyed area, as stipulated in Clause 2, Article 6 of Decree 88/2024/ND-CP on compensation, support, and resettlement when land is recovered, the compensation is regulated as follows:

“Households and individuals using land that is being acquired by the State, where the actual surveyed area differs from the area recorded in the Land Use Rights Certificate, Certificate of Ownership of Residential Property and Land Use Rights, Certificate of Land Use Rights, Ownership of Residential Property and Other Assets Attached to Land, or any other relevant certificates or documents specified in Article 137 of the Land Law, shall receive compensation for the land as follows:

2. In cases where there is a discrepancy between the actual surveyed area and the area recorded in the Land Use Rights Certificate or documents specified in Article 137 of the Land Law, and there are no disputes with adjacent land users, the area eligible for compensation shall be determined based on the actual surveyed data in accordance with Clause 6, Article 135 of the Land Law.”

According to the legal provisions, compensation for land will be determined based on the actual surveyed area if there is a discrepancy larger than the recorded data on the documents, provided that there are no disputes with neighboring land users.

Thu Hà - FDVN Law Firm

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