A resident in Dak Lak reflected that a case of 2,210m2 of land is subject to recovery. According to the inventory file prepared by the Land Fund Development Center, assets on the land include crops such as bananas, coconuts, loc vung, ficus, acacia, eucalyptus and wells for irrigation. Land users also have income on this land plot.
According to reports, the land user is currently the Deputy Director of a small limited liability company in the locality. This person does not belong to the group of cadres, civil servants, public employees, active officers, professional soldiers, defense civil servants, defense workers and public employees, officers, non-commissioned officers, police workers, cipher officers and others in cipher organizations receiving salaries from the state budget.
At the same time, this person is also not a pensioner; people who retire due to loss of working capacity or quit their jobs are entitled to monthly social insurance benefits.
From the above reality, people in Dak Lak request functional agencies to clarify whether this case is confirmed as an individual directly engaged in agricultural production to enjoy vocational training and job search support policies when the State recovers land to implement the project or not.
Answering this content, the Ministry of Agriculture and Environment said that, according to Clause 6, Article 2 of the Land Law, an individual directly engaged in agricultural production is an individual who has been allocated land, leased land, recognized agricultural land use rights by the State; received the transfer of agricultural land use rights and has income from agricultural production on that land according to the Government's regulations.
The Ministry of Agriculture and Environment cited the provisions in point a, clause 1, Article 109 of the Land Law and point l, clause 1, Article 14 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government on delimiting the authority of local authorities at 2 levels, decentralizing and decentralizing in the field of land.
Accordingly, households and individuals directly engaged in agricultural production who are using agricultural land allocated, transferred, inherited, donated or recognized by the State, when the State recovers land without land for compensation and has been compensated in cash, are eligible for training, vocational conversion and job search support.
The level of support in cash does not exceed 5 times the price of agricultural land of the same type in the local land price list for the entire area of agricultural land to be recovered, but does not exceed the limit for agricultural land allocation in the locality as prescribed.
The Ministry of Agriculture and Environment also cited Article 22 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government, supplemented according to Decree No. 226/2025/ND-CP dated August 15, 2025.
According to this regulation, individuals directly engaged in agricultural production who are supported in training, vocational conversion and job search are individuals who are using agricultural land and at the time of approval of the compensation, support, and resettlement plan have income from agricultural production on that land.
However, this individual does not belong to the cases including cadres, civil servants, public employees, active officers, professional soldiers, national defense civil servants, national defense workers and public employees, officers, non-commissioned officers, police workers, people working in cryptography who receive salaries from the state budget; people receiving pensions; people who retire with loss of working capacity, quit their jobs and receive monthly social insurance benefits; employees with indefinite-term labor contracts.
For households directly engaged in agricultural production, the condition for support is that the household is currently using agricultural land, has at least one member with income from agricultural production on that land at the time of approval of the compensation, support, and resettlement plan and does not fall into the cases excluded according to regulations.
The Ministry of Agriculture and Environment said that the level of support for training, vocational conversion and job search is regulated by the Provincial People's Committee based on the actual situation in the locality, but not exceeding 5 times the price of agricultural land of the same type in the local land price list for the entire area of recovered agricultural land and not exceeding the limit for agricultural land allocation in the locality.
Because the reflected content is a specific case, the Ministry of Agriculture and Environment requests people to study the above regulations and contact the land management agency in the locality for guidance.
