Mr. L.T.N in Dak Lak reflected that Point a, Clause 4, Section IV, Part II, attached to Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulates the order and procedures for recovery, compensation, and resettlement support regulations on investigation, survey, measurement, and counting as follows:
Units and organizations performing the task of compensation, support and resettlement shall preside over and coordinate with the People's Committees at the commune level where the recovered land is located, relevant agencies and people whose land is recovered to conduct investigations, surveys, record the current status, measure, count, count, calculate, classify the recovered land area and assets attached to the recovered land; determine the origin of the recovered land and assets attached to the recovered land.
At point a, clause 2, Article 17 of Decree No. 151/2025/ND-CP, it is stipulated that:
The agency with the function of land management is responsible for implementing state management of the contents specified in the detailed decrees implementing the Land Law as follows:
Preside over and coordinate with relevant agencies to appraise the compensation, support and resettlement plan prescribed in Clause 3, Article 3 of Decree No. 88/2024/ND-CP...
Thus, there are no specific regulations on which agency is in charge of determining the origin of land for households and individuals that must clear projects when the State reclaims land.
Mr. N asked, so which agency is responsible for determining the origin of land of households and individuals when the State reclaims land?
The Department of Land Management, Ministry of Agriculture and Environment responds to this issue as follows:
Clause 2, Article 86 of the Land Law ( guided in Clause 2, Article 5 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the division of authority of local authorities at 2 levels, decentralization and delegation in the land sector) stipulates:
"Units and organizations performing compensation, support and resettlement tasks include one or more of the following units and organizations:
Organizing land fund development.
Other units and organizations with the function of performing compensation, support and resettlement tasks.
Compensation, support, resettlement council...
At point c, clause 2, Article 87 of the Land Law, it is stipulated that:
The People's Committee of the commune where the land is recovered coordinates with units and organizations performing compensation, support and resettlement tasks, relevant agencies and people whose land is recovered to conduct investigations, surveys, record the current status, measure, count, count, count, classify the area of recovered land and assets attached to the recovered land; determine the origin of recovered land and assets attached to the recovered land.
At point a, clause 4, section IV, Part II, Appendix I of Decree No. 151/2025/ND-CP, it is stipulated that:
"The unit or organization performing the task of compensation, support and resettlement shall preside over and coordinate with the People's Committees of the commune where the land is recovered, relevant agencies and people whose land is recovered to conduct investigation, survey, record the current status, measure, count, count, count, classify and classify the area of recovered land and assets attached to the recovered land; determine the origin of recovered land and assets attached to the recovered land".
Based on the provisions of law, the unit or organization performing the task of compensation, support and resettlement shall preside over and coordinate with the People's Committee of the commune where the land is recovered, relevant agencies and people whose land is recovered to determine the origin of the recovered land and assets attached to the recovered land.
According to Clause 5, Article 21 of the 2024 Land Law, the People's Committee at the commune level is responsible for state management of land in the locality, so it is responsible for providing information on land records related to the land plot to the unit or organization performing the task of compensation, support, and resettlement to develop a compensation, support, and resettlement plan according to regulations.
