Reader N.T. T asked: Mr. A has a agricultural land plot that was granted a Certificate in 2002. In 2008, the State approved the construction plan. In 2011, Mr. A built a house on this land plot and has lived there until now.
In April 2026, the State will recover land. According to Clause 2, Article 5 of Decree No. 88/2024/ND-CP (amended according to Decree No. 49/2026/ND-CP), Mr. A will be compensated 100% of residential land and deducted 80% of land use fees and 0.5% of registration fee, and will also be issued a decision to sanction land.
So how is Mr. A's house (for example, the house area is 500 m2, the land allocation limit is 400 m2) calculated for compensation?
The Department of Land Administration, Ministry of Agriculture and Environment answers this question as follows:
Article 95 of the 2024 Land Law and Article 5 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulating compensation, support, and resettlement when the State recovers land (amended and supplemented in Article 11 of Decree No. 49/2026/ND-CP) have stipulated conditions for land compensation when the State recovers land for national defense and security purposes; socio-economic development for national and public interests.
Article 102, Article 105 of the 2024 Land Law; Article 14 of Decree No. 88/2024/ND-CP (amended and supplemented in Article 11 of Decree No. 49/2026/ND-CP) has stipulated compensation for damage to houses, houses, and construction works attached to land when the State recovers land; cases where compensation for assets attached to land when the State recovers land is not allowed.
Because the reflected content is hypothetical, without accompanying dossiers and documents, it is requested that you study the above-mentioned legal regulations and contact the state management agency for land in the locality for guidance and clarification.
