Mr. H.T.N in Ninh Binh reflected that his parents are the users of a plot of land with an area of 2,820 m2, originally assigned by the District People's Committee (previously) according to the policy of land allocation to farmers for cultivation and were granted a red book on November 9, 2001.
Because the land is located in low-lying areas and rice cultivation is ineffective, around 2001, the People's Committee of the commune instructed Mr. N's parents to switch to the garden-harvest-hasting (VAC) multi-crop model, in accordance with Resolution No. 03/NQ-TU dated May 21, 2001 of the Provincial Party Committee on shifting the agricultural economic structure.
Implementing this policy, his parents have been instructed by competent authorities to improve land, build barns, fish ponds, gardens and a small house to facilitate living and production. Since then, his parents have lived stably, implemented the VAC model correctly, and have never received any document requesting to terminate the model or determine that the construction is a violation.
Mr. N understood that the conversion from rice-growing land to the VAC model in 2001 was carried out according to the policies and instructions of the competent authority, in accordance with the province's policies at that time.
Therefore, the land plot is currently considered land for synthetic agricultural production (agriculture), including land for construction of works and houses for production and daily life. He asked whether this understanding is in accordance with current regulations or not?
Regarding the right to compensation and support when the State reclaims land, in case the State has a policy to reclaim land to implement a resettlement project, Mr. N suggested clarification: Is the compensation plan calculated based on the actual status of land use (perennial land, aquaculture land, livestock land, construction part, houses attached to land)? Are your parents compensated for all assets, crops, and livestock on the land according to current regulations?
Currently, Mr. N's parents are both nearly 70 years old, and have no other place to live than the small house on this plot of land. If the resettlement project is implemented in this area, Mr. N asked whether his parents will be considered for resettlement support in the project itself, to continue to stabilize their lives in the locality or not?
Mr. N learned that the Government recently issued Resolution No. 339/NQ-CP on the draft Resolution of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, including many contents related to new regulations on land acquisition, compensation, support, and resettlement; principles of land valuation, time of information collection, valuation methods; land price list, land price adjustment coefficient, etc.
With the specific case of his parents as stated above, Resolution No. 339/NQ-CP and new regulations of the Land Law (amended) will have a specific impact on the resettlement compensation plan of his parents, especially the determination of land type and compensation value when reclaiming; the right to be arranged for on-site resettlement; support policies for the elderly and households without other housing when having their production land and housing reclaimed?
The Department of Land Management, Ministry of Agriculture and Environment responds to this issue as follows:
Article 91 of the 2024 Land Law stipulates the principles of compensation and resettlement support when the State reclaims land.
Article 95 of the 2024 Land Law stipulates the conditions for compensation for land when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests.
Article 5 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government regulating compensation, support, and resettlement when the State reclaims land has stipulated other cases of land compensation and conditions for land compensation as prescribed in Clause 3, Article 95 of the Land Law.
Section 3 of the 2024 Land Law stipulates compensation for property damage and investment costs in land. Section 4 of the 2024 Land Law stipulates support. Section 5 of the 2024 Land Law stipulates resettlement.
Because this is a specific case, without any documents or records, it is recommended that he study the above legal regulations and contact the competent land management agency in the locality for consideration and resolution.
The National Assembly has passed a Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law, including a number of contents related to land recovery, compensation, support, and resettlement; principles of land valuation, time of information collection, valuation methods; land price list, land price adjustment coefficient. Therefore, you can follow to get information about this Resolution.
