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Can Land that hasn’t got red book to be compensated?

Mon, 03 Dec 2018 20:29:36 PM GMT + 7    Print   Email   Share:

(Chinhphu.vn) – Mr. Truong Dang Khoa has a land with area of about 1,500 m2 was recovered for the project in Quang Ngai Province. This land has been reclaimed by Mr. Khoa from 1980, it has been stable use and no disputes. it hasn’t got certificate of land use right registration.

When implementing the project, the investor only supports him at 6 million / 500m2, Mr. Khoa disagreed and recommended to all levels, but he said that the solution was not satisfied. So, is the case of Mr. Khoa's family compensated by the price of agricultural land?

The Ministry of Natural Resources and Environment responds to this issue as follows:

Clause 1 of Article 75 of the Land Law 2013 has stipulated: 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.

Therefore, if your household does not have a certificate of land use right or does not have one of the documents on land use rights as stipulated in Paragraphs 1, 2 and 3 of Article 100 of the Land Law and Article 18 of the Decree No. 43/2014 / ND-CP (amended and supplemented in Clause 16, Article 2 of Decree No. 01/2017 / ND-CP), which are eligible for land use right certificates. Under Articles 101 and 102 of the Land Law, Articles 20, 22, 23, 25, 27 and 28 of the Decree No. 43/2014 / ND-CP, Article 13 of the Decree No. 47/2014 / ND-CP.

The determination of land categories for compensation shall comply with the provisions of Article 11 of the Land Law and Article 3 of Decree No. 43/2014 / ND-CP (amended and supplemented in Clause 1, Article 2 of the Decree No. 01 / 2017 / ND-CP).

 

  • By : Online Newspaper of the Government / Translator: HaiYen-Bizic

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