Voters in Thanh Tri commune said that for the project to invest in the construction of a road connecting to Phap Van - Cau Gie road with Ring Road 3, land acquisition is applied according to the old compensation and support price, not applied according to the new decision of Hanoi City.
Answering voters' petitions, the Hanoi People's Committee said that Article 254 of the 2024 Land Law stipulates transitional regulations on land recovery, compensation, support, and resettlement when the State recovers land; Clause 2, Article 31 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulating compensation, support, and resettlement when the State recovers land.
Accordingly, for cases where there has been a decision to recover land according to the provisions of land law before the effective date of this Law but there has not been a decision approving the compensation, support, and resettlement plan by a competent State agency, compensation, support, and resettlement shall continue to be implemented according to the provisions of this Law.
For cases where there has been a decision to recover land and a decision to approve the compensation, support, and resettlement plan according to the provisions of land law before the effective date of this Law but has not been implemented, continue to implement the approved compensation, support, and resettlement plan; the handling of late compensation payment is carried out in accordance with the provisions of law at the time the State issues the decision to recover land.
According to the above regulations, for cases where compensation and support plans have been approved (including compensation money when the State recovers land) before the 2024 Land Law takes effect (August 1, 2024), they will continue to implement according to the approved plan.
Therefore, the application of land prices as a basis for calculating compensation when the State recovers land is based on policies and regulations at the time the District People's Committee (now the commune level) approves the compensation, support, and resettlement plan.
In the content of the amendment on transitional clauses in Article 1 of Decision No. 10/2026/QD-UBND dated January 18, 2026 of the Hanoi City People's Committee deciding to amend and supplement a number of articles of Decision No. 56/2024/QD-UBND dated September 6, 2024 of the City People's Committee stipulating a number of contents on compensation, support and resettlement when the State recovers land in the city, it has stipulated: "Amend and supplement Article 28 as follows: Article 28. Transition clause for cases that have been approved by competent authorities for other support policies that do not contradict the provisions of the Land Law, guiding Decrees and this regulation, the commune-level People's Committee decides to approve the compensation, support, and resettlement plan according to the approved policy.
In the transitional clause in Clause 2, Article 2 of Decision No. 18/2026/QD-UBND dated January 27, 2026 of the City People's Committee on Promulgating new construction unit prices for houses, houses, and construction works attached to land to serve as a basis for calculating compensation for damages to subjects when the State recovers land in Hanoi City, it is stipulated: "For projects and items that have completed compensation, support and resettlement payments; have approved compensation, support and resettlement plans or are implementing compensation, support and resettlement payments according to the approved plan before the effective date of this decision, the unit prices according to this decision are not applied or adjusted. For projects and items that have not approved compensation, support and resettlement plans at the time this decision takes effect, the value of compensation and support is determined according to the unit prices in this decision".
For the project to invest in the construction of the road connecting Phap Van - Cau Gie road with Ring Road 3 (in Thanh Tri commune), there are 106 plans that have been publicly announced and applied compensation and support prices according to Resolution No. 52/2025/NQ-HĐND dated November 26, 2025 of the City People's Council stipulating the Land Price List for the first time to be announced and applied from January 1, 2026 in Hanoi City.
According to Appendix No. 18 (agricultural land price list) for adjacent communes and towns under the district (before arrangement) such as Thanh Tri, Gia Lam, Thanh Oai, the price is 180,000 VND/m2.
