What are documents that we need to provide to be compensated for the land recovered for road constru

What are documents that we need to provide to be compensated for the land recovered for road construction?
Posted date: 22/11/2021

Legal situation:

In 1979, when my father returned from the army, he obtained a license to practice (repair bicycles) at a land plot in Bac Hung commune, Tien Lang district, Hai Phong city. A few years ago, my father applied for the Certificate of land use right to that land plot. Unfortunately, because my house is dilapidated, the remaining paper was only the tax payment paper in 1983. Based on that paper, the People’s Committee of Commune issued the Certificate of land use rights to my father. Currently, the government plans to build a road to that land and requires the land to be originated before December 18, 1980, to be eligible for compensation. Now, my father has found the Business Receipt issued on October 11, 1980, and the recognition of the older people living at that time. Therefore, may I ask that with the above two documents, are there enough grounds to prove and verify the origin of my father’s land? Sincerely thank you.

 

FDVN’s opinions:

Thank you for concerning and trusting in FDVN’s legal services. Based on your consulting requirements, after studying the legal documents, FDVN Law Firm offers the following advice:

Pursuant to Article 74 of the Land Law 2013, principles of compensation upon land recovery by the State are regulated as follows: “Land users who meet the conditions prescribed in Article 75 of this Law upon land recovery by the State shall be compensated…”.

In addition, conditions for receiving compensation when the State recovers land for national defense or security purposes; for socio-economic development in the national or public interest is clearly prescribed as follows:

“1. Households and individuals using land which is not leased land with annual rental payment, having 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 (below referred to as the certificate), or being eligible to be granted a certificate under this Law but not being granted that certificate yet, except the cases prescribed in Clause 2, Article 77 of this Law. Overseas Vietnamese who are eligible to own houses associated with land use rights in Vietnam and are granted a certificate of land use rights and ownership of houses and residential land use rights and other land-attached assets, or being eligible to be granted such certificate under this Law but not being granted that certificate yet.”

According to the information provided by you, your family is granted the Certificate of land use rights, therefore, based on the above provisions, your family can be compensated for land when the State recovers the land to construct the road, if your family does not fail into one of the cases in which compensation for land is not made upon land recovery by the State as prescribed in Article 82 of the Land Law 2013, specifically:

  • The land is allocated by the State without land use levy, except the cases in which agricultural land is allocated to households and individuals.
  • The land is leased by the State with annual rental payment or leased land with full one-off rental payment for the entire lease period but the land rental is exempted, for cases in which households and individuals use land under the policies for people with meritorious services to the revolution;
  • Agricultural land belongs to the public land fund of the communes, wards, or townships.
  • Contracted land for agriculture, forestry, aquaculture, or salt production (this case is eligible for compensation for the remaining investment costs on land);
  • The land is allocated by the State for management.
  • Recovering land allocated or leased by the State for definite periods and such periods expired without extension allowed.
  • There is a document or decision of a competent agency determining that there is a violation of the land law under Article 64 of the Land Law 2013.

In case your family is not compensated when the competent agency recovers the land, even though your family has the Certificate of land use rights and does not fall into one of the cases where it is not entitled to compensation upon land recovery. At that time, your family can submit a complaint to a competent agency to be resolved in order to ensure the family’s lawful rights and interests.

Above is FDVN LAW FIRM’s opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN’s advice would be helpful to you.

Nguyễn Thị Sương – FDVN Law Firm


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