On the Government Portal, citizens ask:
Mr. N.B. T (Gia Lai) has 850 m2 of land, has built a 150 m2 house, has lived stably, and has not had disputes since 2001. The origin of the land is occupation of pond land in 2001.
In June 2026, the State recovered the land plot because it belonged to the project to urgently relocate households living in areas at risk of landslides (phase 2, including 68 households) and recognized rural residential land of 150 m2 + HNK 700 m2, in which: residential land compensation is 150 m2 according to the residential land price issued by the locality and a resettlement quota of 200 m2, the remaining land is shared with residential land identified as HNK 700 m2 calculated according to the local compensation price of HNK land 179,000 VND/m2.
Mr. T asked the commune's compensation council why he was not compensated for garden land (equal to 44% of residential land price) but compensated for HNK land and received a response, not recognizing garden land because residential land has not been granted a Certificate of Land Use Rights.
Mr. T asked, is this in accordance with the provisions of law on compensation, support, and resettlement?
The Department of Land Administration, Ministry of Agriculture and Environment answers this question as follows:
Clause 1, point a, point b, point g clause 2 and point a clause 3 Article 9, point a clause 1, clause 2 Article 95 of the Land Law stipulates:
Article 9. Land classification
1. Based on the purpose of use, land is classified including agricultural land groups, non-agricultural land groups, and unused land groups.
2. The group of agricultural land includes the following types of land:
a) Annual crop land, including rice land and other annual crop land;
b) Land for perennial crops;
g) Other agricultural land.
3. Non-agricultural land groups include the following types of land:
a) Residential land, including residential land in rural areas, residential land in urban areas;
... Article 95. Conditions for land compensation when the State recovers land for national defense and security purposes; socio-economic development for national and public interests
1. Cases of land compensation when the State recovers land for national defense and security purposes; socio-economic development for national and public interests include:
a) Households and individuals who are using land that is not leased land pay annual land rent;
2. Cases specified in Clause 1 of this Article are compensated for land when one of the following conditions is met:
a) Having a Certificate of land use rights or a Certificate of house ownership and residential land use rights or a Certificate of land use rights, house ownership and other assets attached to land or a Certificate of land use rights, ownership of assets attached to land;
b) Having a decision to allocate land or a decision to lease land or a decision to allow the change of land use purpose of a competent state agency;
c) Having one of the documents on land use rights as a basis for issuing a Certificate of land use rights, ownership of assets attached to land as prescribed in Article 137 of this Law;
d) Receiving transfer of land use rights according to the provisions of law from people with legal land use rights but who have not completed land registration procedures;
e) Being allowed to use land according to the agreement in the mortgage contract to handle debts; document recognizing the results of the land use right auction where the winning bidder has completed financial obligations according to the provisions of law.
Clause 2, Article 5 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government (amended and supplemented in Clause 3, Article 11 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government) stipulates:
2. Households and individuals who are using land and have violated land laws before July 1, 2014 and have used land stably, belong to the cases considered for issuance of Certificates of Land Use Rights according to the provisions of Clause 1, Point a and Point c Clause 2, Clause 3, Clause 4 Article 139 of the Land Law that do not have to meet the conditions of being in accordance with the plan".
Article 9 of the 2024 Land Law stipulates that land classification does not include garden land. In the group of agricultural land, there are annual crop land and perennial crop land.
Because this is a specific case, of unclear origin, land use process and without accompanying records and documents, it is requested that he study the above regulations and contact the land management agency in the locality for resolution according to their authority.
