Mua đất bằng giấy viết tay có được bồi thường khi thu hồi đất?

The state’s reclamation of land to implement socio-economic development projects for national interests and public benefits is an important policy that contributes to the modernization of infrastructure, urban renovation, and the improvement of residents’ living conditions. When localities implement planning and construction projects for residential areas and urban areas, many households worry: “Will my land be reclaimed?”

The Land Law 2024 has introduced many new and more detailed points regarding cases of land reclamation, especially for urban and rural residential area construction projects, which are commonly found in many localities. According to Clause 27, Article 79 of the Land Law 2024, the state has the right to reclaim land in cases of “implementing investment projects for constructing urban areas with mixed functions, a synchronous technical infrastructure system, and social infrastructure with housing according to the regulations of the law on construction to build new or renovate and upgrade urban areas; rural residential area projects.”

Thus, the reclamation of land for constructing urban areas or rural residential areas falls under the category of land reclamation for socio-economic development for national interests and public benefits. These projects can only be carried out when truly necessary, aiming to:

– Promote land resource utilization,

– Enhance land use efficiency,

– Modernize infrastructure systems,

– Implement social security policies,

– Protect the environment and preserve cultural heritage.

Therefore, if your land is located in an area that has been approved for planning as an urban area or rural residential area, it is highly likely that it will be subject to state reclamation. However, the reclamation must comply with legal regulations, and residents will still be compensated if they meet the conditions stipulated by the Land Law 2024.

When the state reclaims land to implement socio-economic development projects, the issue that residents are most concerned about is: “Will I be compensated?” To answer this question, it is necessary to accurately identify the subjects entitled to compensation, as this is the basis for ensuring the legal rights of land users. The Land Law 2024 clearly stipulates the groups of subjects eligible for compensation when land is reclaimed.

According to Clause 1, Article 95 of the Land Law 2024, there are 08 groups of subjects entitled to compensation when the state reclaims land for national defense, security, or socio-economic development for national interests and public benefits, specifically as follows:

– Households and individuals currently using land that is not leased with annual rental payments;

– Communities using land with structures such as pagodas, temples, shrines, family worship houses, and other religious structures; agricultural land as defined in Clause 4, Article 178 of this Law, which is undisputed and is confirmed by the local People’s Committee as land used collectively by the community;

– Vietnamese individuals residing abroad as defined in Clause 1, Article 44 of this Law;

– Religious organizations and religious organizations under the state’s permission that are using land not allocated or leased by the state; not land acquired through transfer or donation from July 1, 2004, onwards;

– Vietnamese individuals residing abroad who are allocated land with land use fees, leased land with a one-time payment for the entire lease term; acquiring land use rights in industrial zones, industrial clusters, high-tech zones, and economic zones;

– Organizations allocated land with land use fees, leased land with a one-time payment for the entire lease term; inheriting land use rights, acquiring land use rights, or contributing capital through land use rights;

– Foreign organizations with diplomatic functions leased land by the state with a one-time payment for the entire lease term;

– Economic organizations, Vietnamese individuals residing abroad, and foreign-invested economic organizations allocated land with land use fees to implement investment projects for constructing housing for sale or for sale combined with leasing; leasing land with a one-time payment for the entire lease term.

Thus, it can be seen that the law has expanded the subjects entitled to compensation, not only limited to domestic residents but also including communities, religious organizations, economic organizations, and Vietnamese individuals residing abroad. This aligns with the orientation of ensuring the legitimate rights of land users and encouraging the effective exploitation of land resources.

3. Buying land with a handwritten contract: Are you entitled to compensation when the land is reclaimed?