Compensation, Support and Resettlement upon State Land Recovery under the 2024 Land Law: Principles and Key Changes

Land recovery has always been one of the most sensitive issues in the relationship between the State, land users and enterprises. Behind every recovery decision lie people’s livelihoods, homes and accumulated assets, as well as the timeline and cost of investment projects. Precisely because it directly affects the interests of many parties, complaints over compensation, support and resettlement have long accounted for a large share of administrative land disputes in Vietnam. Reform of the legal framework in this area therefore consistently attracts particular public attention.

The 2024 Land Law (Law No. 31/2024/QH15), effective from 1 August 2024, together with Decree 88/2024/ND-CP dated 13 July 2024, has established new principles and mechanisms to ensure that persons whose land is recovered are compensated more adequately and transparently. This article analyses the core principles, the notable new points and the legal considerations relevant to both individuals and enterprises.

Mục 01Principles of compensation, support and resettlement under Article 91 of the 2024 Land Law

All compensation activities upon State land recovery rest on the principles laid down in Article 91 of the 2024 Land Law. Accordingly, compensation, support and resettlement must be democratic, objective, fair, public, transparent, timely and in accordance with law. These terms are not mere slogans but a legal basis for citizens to supervise and challenge a compensation plan; a plan drawn up without publicity, or without allowing affected persons to participate, may be regarded as breaching these principles and may constitute grounds for a complaint.

One of the most progressive features of the 2024 Land Law is the requirement to secure housing for people before their land is recovered. The spirit of the law is that resettlement areas must have their technical and social infrastructure completed, and persons whose residential land is recovered must be allocated resettlement before the land-recovery decision is issued. This is an important shift in mindset: instead of recovering land first and leaving people to fend for themselves — as has occurred in practice in many places — the law imposes the reverse requirement so that people’s lives are not disrupted. If strictly enforced, this principle will resolve one of the greatest grievances of citizens in land-recovery projects.

Mục 02In what forms is compensation for land carried out?

The 2024 Land Law broadens and adds flexibility to the forms of land compensation. The basic principle is that a person whose land is recovered is compensated with land having the same use purpose as the recovered land. However, an important new point is that where no land of the same category is available for compensation, the person may be considered for compensation with land of a different use purpose, with housing, or in cash. This diversity creates room to resolve difficult cases flexibly.

In addition to compensation for land, the person whose land is recovered is also compensated for assets attached to the land — such as houses, construction works, crops and livestock — at their actual value. The principle of land valuation for calculating compensation under the 2024 Land Law moves towards a market-based approach through a land price table built closer to market values; this is the factor that most directly and significantly affects the amount of compensation received. Monitoring the land price table and the method of determining prices at the time of recovery is therefore something affected persons should pay particular attention to.

Mục 03Support amounts beyond compensation

Besides compensation for land and assets, the person whose land is recovered may also be entitled to support amounts intended to stabilise life and production. Common forms of support include support to stabilise life and production; support for training, career change and job seeking where agricultural land of households and individuals directly engaged in agricultural production is recovered; and other support amounts as prescribed. In essence, these support amounts compensate for intangible losses that compensation for land and assets does not fully capture, such as the loss of a stable income source or the cost of switching livelihoods.

In practice, this is often the category most prone to dispute, because determining who is entitled to support and at what level depends heavily on the specific policies of each locality. Affected persons should proactively study the regulations of the provincial People’s Committee where the land is located and compare them with their own circumstances to ensure no entitlement is overlooked. Preparing records proving the origin of the land, the history of its use and the production activities carried out on it is an important basis for claiming the full range of support.

Mục 04Legal considerations for individuals and enterprises

For persons whose land is recovered, experience shows that the most critical moment to protect one’s interests is the stage of preparing and publicly posting the compensation, support and resettlement plan — not after the plan has been approved. At this stage, affected persons have the right to comment and to verify the area, land origin, land category and compensation unit prices. Missing this window and only complaining after everything has been finalised makes protecting one’s interests far more difficult. Consulting a lawyer early to review the correctness of the plan is a reasonable investment relative to the potential loss.

For enterprises acting as project investors that require land recovery, strict compliance with the order and procedures of compensation and adherence to the principle of resettlement before recovery are conditions for the project to proceed smoothly and to avoid complaints that stall progress. A compensation plan built openly, transparently and adequately is not only a legal obligation but also the most effective means of minimising legal risk and additional cost for the project as a whole.

Mục 05Frequently asked questions

Is land without a Land Use Right Certificate eligible for compensation upon recovery? Compensation for land depends on the conditions for compensation under the 2024 Land Law. Where the land qualifies for issuance of a Certificate but has not yet been issued one, it may still be considered for compensation in accordance with the regulations. This is a complex matter requiring the origin and timing of land use to be checked against specific provisions, so a lawyer should be consulted to assess the right to compensation accurately.

What can be done if you disagree with the compensation price? The person whose land is recovered has the right to lodge a complaint against, or to initiate legal proceedings challenging, an administrative decision on compensation where they consider their lawful interests to have been infringed. However, the outcome depends on the legal grounds and the value of the assets. Preparing a well-supported file and observing the statute of limitations for complaints and lawsuits are decisive factors.

Mục 06HTIC’s legal support on land-recovery compensation

Compensation, support and resettlement upon State land recovery is a field that demands deep knowledge of land law and practical experience in handling complaints. HTIC Law Firm assists individuals in assessing compensation plans, reviewing the origin and category of land and protecting their interests through complaints and litigation; it also advises enterprises on carrying out compensation in accordance with the law so as to safeguard project timelines. Explore HTIC’s real estate lawyer service for support.

Fixed fee quotation for each matter/project — Hotline +84 379 044 299.