Accordingly, Clause 6, Article 2 of Decree 226/2025/ND-CP amending and supplementing Article 24 of Decree 71/2024/ND-CP stipulates the arrangement of resettlement when the State reclaims land as follows:
(1) The minimum resettlement granted as prescribed in Clause 8, Article 111 of the 2024 Land Law is implemented as follows:
- The minimum resettlement density is determined in residential land, housing or housing or in cash to suit the choice of the person being resettled.
- In case the minimum resettlement rate is determined in terms of residential land and housing, the resettlement land area shall not be less than the minimum area prescribed by the Provincial People's Committee on the minimum area in Clause 2, Article 220 of the 2024 Land Law and the resettlement housing area shall not be less than the minimum apartment area prescribed by the law on housing.
In case the minimum resettlement rate is regulated by housing, the resettlement housing area shall not be less than the minimum apartment area as prescribed by the law on housing.
In case the minimum resettlement rate is calculated in cash, the amount of money for the minimum resettlement rate is equivalent to the value of a minimum resettlement rate in residential land and housing at the resettlement site.
- Based on the above 2 points and the specific situation of the locality, the Provincial People's Committee stipulates the minimum resettlement rate in terms of residential land, housing, housing and money.
(2) People who are using state-owned houses within the scope of land recovery that must be demolished without any other accommodation in the commune-level area where the land is recovered will be supported with housing rental at the resettlement site; the rental price of the house is the rental price of the state-owned house; the rental house at the resettlement site is sold by the State to the person who is renting it according to the provisions of the law on housing for sale of state-owned houses to the tenant; in case the person using the recovered house has a need and the locality has a residential land fund, resettlement housing fund, commercial housing, social housing, then considered for allocation of residential land with land use fees collected, house sales; in case of self-residence, they will be supported with money.
The provincial People's Committee shall prescribe support for house rental, land allocation, house sale, and cash support for self-residence as prescribed in this clause.
(3) In case of implementing projects and purposes of national defense, security, transportation, irrigation, technical infrastructure, and social infrastructure that require land recovery in a plot of land with houses and the person whose land is recovered needs to be resettled on the spot by exchanging the residential land location back in the remaining agricultural land area of the land plot after recovery, the resettlement arrangement in this case shall be implemented as follows:
- Arrange on-site resettlement by allowing the conversion of land use purposes for agricultural land areas to residential land within the residential land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of the 2024 Land Law.
- Exemption from land use fees when converting land use purposes from agricultural land to residential land when arranging resettlement as prescribed in the above point equal to the area of recovered residential land in case the person whose land is recovered agrees to the compensation plan for agricultural land for the recovered land area.
(4) Regarding land funds and housing funds for resettlement arrangements, the following provisions shall apply:
- Units and organizations performing the task of compensation, support, and resettlement to implement resettlement projects or receive transfers of land use rights, commercial housing, and social housing to arrange resettlement for cases specified in Article 111 of the 2024 Land Law.
- The budget for implementing resettlement projects or receiving transfers of land use rights, commercial housing, and social housing as prescribed in the above point is provided with capital from the state budget, the Land Development Fund or the Development Investment Fund, or other financial funds entrusted or from investors voluntarily contributing compensation, support, and resettlement in advance.
- The establishment, appraisal, approval, acceptance, and settlement of resettlement projects; appraisal and approval of construction designs for resettlement projects shall comply with the provisions of the law on housing, the law on construction, the law on public investment and other relevant laws.
- The purchase of commercial housing and social housing for resettlement shall comply with the provisions of the law on housing and other relevant laws.
(5) Households and individuals whose land attached to a house is recovered by the State must move their residence without being eligible for compensation for residential land. If there is no other residence in the commune-level area where the land is recovered, the State will allocate residential land with land use fees or sell, rent, or lease-purchase of houses.
(6) Resettlement locations are selected in the following priority order:
- In the commune-level administrative unit where the land is recovered.
- In other commune-level administrative units with equivalent conditions in the case of commune-level administrative units where land is recovered, there is no land for resettlement.
- Prioritize the selection of land with a favorable location to form a resettlement area.
