Citizens send questions to the Ministry of Agriculture and Environment with the content:
In 2003, my family was leased land by the State to build a VAC farm model. When receiving the land, this was a low-lying, deserted land, difficult to produce. For more than 20 years, the family has invested all their efforts and capital to improve the land, dig ponds, plant trees, build barns, electricity and water systems, forming a stable VAC farm. This is the asset and also the main source of livelihood for the family.
Before the land lease expired in 2023, I contacted the locality many times to ask for guidance on extending the land lease. However, due to the time when the locality rearranged the organizational structure and waited for the implementation of the new Land Law, my family was not specifically guided on procedures. I have also repeatedly reflected and requested to continue leasing land or be guided to implement according to new regulations.
Up to now, the Commune People's Committee has announced that it will not extend the land lease due to inconsistency with the plan. My family respects and complies with the State's policy, ready to hand over land according to regulations.
However, all crops, livestock, ponds, barns and production facilities are still on land, while the locality requires dismantling and relocation in less than 20 days. For a farm that has invested and operated for more than 20 years, this time is too rushed, with the risk of causing great damage to property and livelihoods.
Up to now, the family has not been inventoried the current status of assets, and there is no plan to handle the investment value of land improvement and legal assets attached to land. I understand that the law may not stipulate compensation for land use rights when the lease term expires without extension, but I hope the agencies will consider the remaining investment value, assets on land and actual damages arising.
I respectfully request the Ministry of Agriculture and Environment to pay attention to guiding localities to resolve the case in accordance with regulations; organize inventory of assets before requesting relocation; consider support for the investment value of land improvement, assets attached to land and actual damage; and at the same time create conditions for families to have more time to harvest crops, livestock and relocate assets to minimize damage.
If forced to dismantle and relocate immediately without being considered for support and creating appropriate conditions, my family will truly fall into a particularly difficult situation, no longer able to stabilize life.
The Ministry of Agriculture and Environment has the following opinions:
Because his proposal is a specific case, the Ministry of Agriculture and Environment has the following principle opinions:
- According to the provisions of the 2024 Land Law, the extension of land use must ensure the principles of land use as stipulated in Article 5, including the principle of "According to the land use purpose". Land law does not require that when extending land use, it must be in accordance with land use planning, when the State implements land use planning, land users will have related rights and obligations according to the provisions of law.
- Clause 3, Article 172 of the Land Law stipulates: "3. The extension of land use is carried out in the last year of the land use term, except for the cases specified in point a, clause 1 of this Article. Land users who need to extend land use must submit a request for extension at the latest 6 months before the end of the land use term. After the deadline for submitting a request for extension, if the land user does not submit a request for extension, land use is not extended, except in cases of force majeure. In case the land use extension is not granted, the competent state agency shall carry out land recovery according to the provisions of this Law. " Regarding the order and procedures for land recovery, land recovery is carried out according to the provisions of Article 87 of the 2024 Land Law.
- On the other hand, Clause 1, Article 14 and Clause 1, Article 15 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government detailing and guiding a number of articles of Resolution No. 254/2025/QH15 of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law have assigned authority to the Provincial People's Committee and allowed decentralization and authorization according to the provisions of law on the organization of local government, and at the same time stipulated the order and administrative procedures for land. Therefore, please contact the local land management agency for detailed guidance according to authority and legal regulations.
