On the Government Portal, citizens ask:
The certificate of land use rights for 3,000 m2 of perennial crop land issued before marriage states the personal name of Ms. T.T. M. T's husband (Can Tho). Currently, this land is being recovered by the state.
Ms. T's husband is a civil servant, and it is confirmed that he is not directly subject to agricultural production according to Clause 1, Article 22 of Decree No. 88/2024/ND-CP, but she is directly cultivating on the above-mentioned agricultural land, is confirmed to be a direct agricultural production person and is using agricultural land with income from agricultural production on that land.
Ms. T asked, is she entitled to policies to support training, vocational conversion and job search for households and individuals when the state recovers land? If support is provided, is the area for support calculated as the entire area or is only support calculated as 50% of the area of agricultural land recovered (calculated as a percentage of the number of direct agricultural production people)?
The Ministry of Agriculture and Environment answers this question as follows:
Clause 1, Clause 2, Article 109 of the 2024 Land Law stipulates:
Article 109. Supporting training, career change and job search for households and individuals when the State recovers land
1. Cash support not exceeding 05 times the price of agricultural land of the same type in the local land price list for the entire area of recovered agricultural land but not exceeding the limit for agricultural land allocation in the locality as prescribed in Article 176 of this Law for the following subjects:
a) Households and individuals directly engaged in agricultural production who are using agricultural land allocated, transferred, inherited, or donated by the State, who are recognized as land use rights when the State recovers land without land for compensation and have been compensated in cash;
b) Individuals subject to social protection, subjects entitled to monthly social allowances according to the provisions of law, wounded soldiers, sick soldiers, families of martyrs when the State recovers agricultural land without land for compensation and has been compensated in cash;
c) Households and individuals using land contracted for agricultural, forestry, and aquaculture purposes from state-owned agricultural and forestry farms or agricultural and forestry companies converted from state-owned agricultural and forestry farms that are directly engaged in agricultural production and have a stable income from agricultural production on that land, except for individuals who are officials and employees of state-owned agricultural and forestry farms, of agricultural and forestry companies converted from state-owned agricultural and forestry farms who have retired, lost their working capacity, or quit their jobs and are entitled to allowances;
d) Households and individuals who are using land contracted by agricultural production groups and agricultural cooperatives who are directly engaged in agricultural production and have a stable income from agricultural production on that land.
2. People who are supported according to the provisions of Clause 1 of this Article are also supported in the form of training, career change and job search according to the provisions of Clause 4 of this Article".
Article 22 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulating compensation, support, and resettlement when the State recovers land (supplemented in Clause 5, Article 2 of Decree No. 226/2025/ND-CP dated August 15, 2025 of the Government amending and supplementing a number of articles of decrees detailing the implementation of the Land Law) stipulates:
Article 22. Support for training, career change and job search for households and individuals when the State recovers land
1. Individuals directly engaged in agricultural production who are supported in training, vocational conversion and job search as prescribed in point a, clause 1, Article 109 of the Land Law 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 and do not fall into the following cases:
a) Cadres, civil servants, public employees, active officers, professional soldiers, defense civil servants, defense workers and public employees, officers, non-commissioned officers, police workers, people working in cipher work and other people working in cipher organizations receiving salaries from the state budget;
b) Pensioners;
c) People who retire due to loss of working capacity or resignation are entitled to monthly social insurance allowances;
d) Employees with indefinite-term labor contracts.
2. Households directly engaged in agricultural production that are supported in training, vocational conversion and job search as prescribed in point a, clause 1, Article 109 of the Land Law are households currently using agricultural land with at least one member having income from agricultural production on that land (including members arising after the time of agricultural land use) at the time of approval of the compensation, support, and resettlement plan and not falling into the cases specified in points a, b, c and d, clause 1 of this Article.
3. The level of support for training, vocational change and job search specified in Article 109 of the Land Law is regulated by the Provincial People's Committee based on the actual situation in the locality but not exceeding 05 times the price of agricultural land of the same type in the local land price list for the entire area of recovered agricultural land but not exceeding the limit for agricultural land allocation in the locality as prescribed in Article 176 of the Land Law.
4. For households and individuals using land due to receiving land allocation contracts, households and individuals receiving garden allocation contracts using land for new planting, garden care, and harvesting who are eligible for support for training, vocational conversion and job search as prescribed in points c and d, clause 1, Article 109 of the Land Law, they must have a contract allocation contract.
5. Households and individuals directly engaged in agricultural production are supported in training, vocational conversion and job search as stipulated in point a, clause 1, Article 109 of the Land Law, including cases that meet the conditions to be granted Certificates of land use rights and ownership of assets attached to land".
Because your question is a specific case, please study the above regulations and contact the land management agency in the locality for consideration and guidance.
