Many outstanding policies take effect from August 2024

Decree regulating land prices; compensation, support and resettlement when the State acquires land are new policies that will take effect from August 2024.

New regulations on land prices

The Government has just issued Decree No. 71/2024/ND-CP regulating land prices, effective from the effective date of Land Law No. 31/2024/QH15.

Decree 71/2024/ND-CP specifically stipulates the procedures and contents of determining land prices according to 4 methods including comparison, income, surplus, and land price adjustment coefficient.

The Decree also specifically regulates the application of land valuation methods in the cases specified in Point c, Clause 2, Article 257 of the Land Law.

According to the Decree, from August 1, 2024, many regulations on land prices will take effect, including factors affecting land prices. Specifically, instead of regulating factors affecting land prices according to each land valuation method, Article 8 of Decree 71/2014/ND-CP stipulates factors affecting land prices for each type of land such as non-agricultural land: Location, location of land plot, land area; traffic conditions in terms of width, road surface structure, adjacent to one or more roads; water supply and drainage conditions, electricity supply; area, size, shape of land plot and land area; land use term; environmental status, security, etc.

For agricultural land: Crop and livestock productivity; location and characteristics of the land plot or area; land use term, except for cases where agricultural land is allocated to households and individuals within the limit of the right to transfer, there is no basis for land use term; other factors.

New regulations on compensation, support and resettlement when the State acquires land

The Government issued Decree No. 88/2024/ND-CP dated July 13, 2024 regulating compensation, support and resettlement when the State acquires land; effective from August 1, 2024.

Decree No. 88/2024/ND-CP details and guides the implementation of Clause 3, Article 87, Article 92, Article 94, Article 95, Article 96, Article 98, Article 99, Article 100, Article 102, Article 106, Article 107, Article 108, Article 109 and Article 111 of the Land Law on compensation, support and resettlement when the State recovers land.

Decree No. 88/2024/ND-CP stipulates compensation in the form of land with a different purpose than the type of recovered land or in the form of housing when the State recovers land as prescribed in Clause 1, Article 96, Clause 1, Article 98, Clause 1, Article 99 of the Land Law.

According to regulations, the land price for calculating land use fees when compensating with land with a different purpose of use than the type of land recovered for households, individuals, and people of Vietnamese origin residing abroad who are using residential land or owning houses attached to land use rights in Vietnam is the land price determined according to the land price list at the time of approval of the compensation, support, and resettlement plan.

In case of compensation by land lease with land rent paid in one lump sum for the entire lease term, the land price for calculating land rent is the specific land price decided by the competent People's Committee at the time of approval of the compensation, support and resettlement plan.

Land price for calculating land use fee and land rent when compensating with land with a different purpose than the type of land recovered for economic organizations with recovered residential land is the specific land price decided by the People's Committee at the competent level at the time of approving the compensation, support and resettlement plan.

In Article 9 of this Decree, the Government provides specific guidance on land compensation for households and individuals using land for housing with land violations before July 1, 2024. When eligible for compensation, the following shall apply: Land plots with houses that have been used stably before October 15, 1993: The land area to be compensated is equal to the actual area recovered but does not exceed the limit for recognition of residential land in that province or city.

Land plots with houses that have been used stably from October 15, 1993 to before July 1, 2024: The land area to be compensated is equal to the actual land area recovered but must also ensure that it does not exceed the local land allocation limit.

Land plot with house whose house area is larger than the above land recognition/land allocation limit: Compensation according to the actual recovered area used for house construction.

Households and individuals using land for housing but encroaching on or occupying land from July 1, 2014 onwards: The State will not compensate for land, in which, the conditions considered sufficient for compensation are: Using land with violations before July 1, 2024 but has been using it stably, falling into the case of being considered for granting a land use right certificate (Red Book).

Conducting land inventory in 2024 nationwide

Deputy Prime Minister Tran Hong Ha signed Directive No. 22/CT-TTg dated July 23, 2024 of the Prime Minister on land inventory in 2024. The Prime Minister requested the Ministry of Natural Resources and Environment and relevant ministries, branches, People's Committees of provinces and centrally run cities (Provincial People's Committees) to organize the implementation of land inventory in 2024 nationwide from August 1, 2024.

The 2024 land inventory must be carried out seriously, completely, accurately, and in accordance with the provisions of the law on land; ensuring objectivity, honesty, and accurately reflecting the current status of land use.

Emergency evacuation of apartment buildings

The Government issued Decree No. 98/2024/ND-CP dated July 25, 2024 detailing a number of articles of the Housing Law on renovation and reconstruction of apartment buildings; in which, the Decree clearly stipulates cases of relocation of apartment buildings.

The Decree stipulates cases of emergency relocation of apartment buildings, including: Apartment buildings damaged by fire or explosion and no longer meet safety conditions for continued use; apartment buildings damaged by natural disasters or enemy attacks and no longer meet safety conditions for continued use.

Cases of relocation according to the compensation and resettlement plan include apartment buildings with the main load-bearing structures of the building appearing in a state of overall danger, at risk of collapse, not meeting the conditions for continued use, requiring urgent relocation of the owners and users of the apartment building; apartment buildings with severe damage, appearing in a state of local danger of the main load-bearing structures of the building and having one of the following factors: technical infrastructure system for fire prevention and fighting; water supply, drainage, wastewater treatment; electricity supply, internal traffic not meeting the requirements of current technical standards and regulations or at risk of unsafe operation, exploitation, use, requiring demolition to ensure the safety of the owners and users of the apartment building and requirements for urban renovation and beautification; Apartment buildings with one of the following main structures: foundation, columns, walls, beams, and rafters that do not meet normal use requirements and are not subject to demolition as prescribed in Point 1 or Point 2, but are located in areas that must be renovated and constructed in sync with apartment buildings subject to demolition as prescribed in Point 3 according to approved construction planning.

Decree 98/2024/ND-CP takes effect from August 1, 2024.