Cases where land user is not entitled to compensation in land acquisition

In practice, the state sometimes needs to acquire land from the people for reasons of national defense and security, or for economic and social development. At that time, the government usually compensates for our damages, i.e compensation for the acquired land and for assets attached to the land.

However, there are some cases where there is no compensation for land acquisition.

So what are those cases? How does the law regulate this issue?

Let’s find out more details with PL & Partners Law Firm in today’s article.

Nội dung bài viết

1. CASES WHERE THE LAND USER IS NOT ENTITLED TO LAND COMPENSATION PURSUANT TO LAND LAW 2013.

Land compensation is the return of the value of land use rights by the State to the acquired land area to the land user.

Compensation is made by allocating other land with the same land use purpose as the acquired land. Or compensation in cash at the specific land price at the time of acquisition.

However, based on Article 82 of the Land Law 2013, in following cases, the land user will not be entitled to compensation:

The land user is not entitled to land compensation but shall be compensated for the cost invested into the land;
Land allocated by the State for management purpose.
Land acquired due to violation of land law:
Land acquired due to termination of land use in accordance with the law, the land user voluntarily return the land, and the land is at risk of endangering human life:
In case the land user is not eligible for the issue of a Certificate of land use rights, ownership of houses and other assets attached to the land.

*Cases where the land user is not entitled to compensation for land acquisition of the State.*

2. CASES WHERE THE LAND USER IS NOT ENTITLED TO COMPENSATION FOR ASSETS ATTACHED TO THE LAND.

Pursuant to Article 104.1 of the Land Law 2013, it can be understood that:

“Assets attached to land include houses, other construction works, production forests which are planted forests and perennial plants that have presented at the time of issue of the Certificate…”

Normally, when the land is acquired, the assets attached to the land will also be compensated by the state.

However, pursuant to Article 92 of the Land Law 2013, in following cases the land user will not be compensated for assets attached to the acquired land:

Asset attached to the land that is acquired due to violations of the law on land;
Asset attached to the land that is acquired due to termination of land use according to the law:
Asset attached to the land that is illegally created or created after the land user has been notified about the acquisition or it is no longer in use.

Thus, above, PL & Partners Law Firm has informed you about the cases where there is no compensation for land acquisition

If you need further legal assistance, please contact us via:

PL AND PARTNERS LAW FIRM

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