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한국어In order to receive compensation for land, it is necessary to meet different conditions such as having a Red Book, a Pink Book or being eligible to be granted a book but not yet granted it. In addition, other conditions must be met as prescribed. So, will the State’s leased land be compensated when it is recovered?
To answer the question of whether land leased by the State is compensated upon recovery, it is necessary to consider the conditions for compensation for land in accordance with the current land law.
Conditions for compensation for land when the State recovers land for defense and security purposes; Socio-economic development for the national and public interests of each type of land user is now clearly defined in Article 75 of the 2013 Land Law as follows:
1. Domestic households and individuals
For households and individuals who are using land and want to be compensated for land, they must meet the following conditions:
Condition 1: Not a leased land with annual rental payment.
Condition 2: Having a certificate of land use right (Red Book, Pink Book) or meeting the conditions to be granted a Certificate but not yet granted.
Note: For agricultural land that has been used before July 1, 2004 and the land user is a household or individual directly engaged in agricultural production but does not have a Certificate or is not eligible for a grant. The certificate will be compensated for the actual land area in use, the compensation area does not exceed the “agricultural land allocation quota” specified in Article 129 of the Land Law 2013.
2. Overseas Vietnamese are eligible to own houses associated with residential land use rights in Vietnam
Overseas Vietnamese who are entitled to own houses attached to residential land use rights in Vietnam are entitled to compensation for land when they have a Certificate or are eligible for a Certificate but have not yet been granted a certificate. grant.
3. Residential communities, religious and belief establishments
Communities, religious and belief establishments that are using land that is not land allocated or leased by the State and have a Certificate or are eligible to be granted a Certificate but have not yet been granted a Certificate will be entitled to: compensation for land when the State recovers land according to regulations.
4. Vietnamese residing abroad
Overseas Vietnamese are allocated land by the State with collection of land use levy or leased land with one-off rental payment for the entire lease period; receive the transfer of land use rights in industrial parks, industrial clusters, export processing zones, hi-tech zones, economic zones, have a Certificate or are eligible for a Certificate but have not yet been granted compensation on land when the State recovers the land.
5. Land use organization
(Land-using organization means a domestic organization, including a state agency, a unit of the people’s armed forces, a political organization, a socio-political organization, an economic organization, and a socio-political-professional organization. professional organizations, social organizations, socio-professional organizations, public non-business organizations and other organizations as prescribed by the civil law).
Organizations that are allocated land by the State with collection of land use levy or leased land with one-off rental payment for the entire lease period; receive the inheritance of land use rights, receive the transfer of land use rights but the paid land use levy or transfer money has not originated from the state budget, have a certificate or are eligible for grant The certificate that has not been issued when the State recovers the land will be compensated for the land.
6. Foreign organizations with diplomatic functions
Foreign organizations with diplomatic functions that are leased land by the State with one-off rental payment for the entire lease period and have a Certificate or are eligible for a Certificate but have not been granted one when the State recovers the land. will be compensated for the land.
7. Economic organizations, overseas Vietnamese, foreign-invested enterprises
Economic organizations, overseas Vietnamese, foreign-invested enterprises that are allocated land by the State with land use levy to implement investment projects on construction of houses for sale or combined sale. lease; If you lease land with one-off rental payment for the entire lease period, have a Certificate or are eligible for a Certificate but have not been granted it when the State recovers the land, you will be compensated for the land.
In summary, land leased by the State is still compensated when the State recovers the land for defense and security purposes; Socio-economic development for the national and public interest, if it is not the land leased with annual payment. In other words, land users who lease land and pay one-off rent for the entire lease period when the State recovers it will still be compensated for land according to regulations.
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