On the Government Portal, citizens ask:
Mr. A's household is allocated stable and long-term fields including the standards of Mr. A, his wife and son. Now the son has married and separated households. The father's household includes father and wife, the son's household includes 4 people: son, wife, 2 children.
The father's household and the son's household still share land use rights, the population supported to stabilize local life is determined to include the household in the father's household, the number of households in the son's household, a total of 6 people are supported. Ms. V.T.H asked, is this correct?
The Department of Land Administration, Ministry of Agriculture and Environment answers this question as follows:
Article 19 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulating compensation, support, and resettlement when the State recovers land (amended and supplemented in Clause 4, Article 2 and Point a, Clause 2, Article 7 of Decree No. 226/2025/ND-CP dated August 15, 2025, Clause 6, Article 11 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government) stipulates as follows:
Article 19. Support for stabilizing life when the State recovers land
1. Households and individuals currently using agricultural land, if they are eligible for land compensation, are supported to stabilize their lives as follows:
a) Recovering from 30% to 70% of the agricultural land area currently in use is supported within 6 months if there is no need to relocate and within 12 months if there is a need to relocate; in case of having to relocate to areas with difficult socio-economic conditions or particularly difficult socio-economic conditions, the maximum support period is 24 months. For cases of recovering over 70% of the agricultural land area currently in use, support is provided within 12 months if there is no need to relocate and within 24 months if there is a need to relocate; in case of having to relocate to areas with difficult socio-economic conditions or especially difficult socio-economic conditions, the maximum support period is 36 months;
b) The area of agricultural land recovered to calculate support for stabilizing life specified in point a of this clause is the area within the commune level where the land is recovered at the time of the decision approving the compensation, support, and resettlement plan and is determined according to each project that must be recovered land by the competent authority, not adding up the area of agricultural land recovered from previous land recovery projects;
c) The support level for one person specified in points a and b of this clause is calculated in cash equivalent to 30 kg of rice in 01 month according to the average price at the time of local support.
d) The number of people in households supported in this clause is those who have common land use rights at the time of approval of the compensation, support, and resettlement plan and the population is a member of the household arising after the time of allocating agricultural land to that household (if any); the determination of the number of people with common land use rights is agreed upon by the members of the household themselves and they are responsible before the law.
2. In case households and individuals currently using land specified in Clause 1 of this Article are recovered less than 30% of the agricultural land area being used; households and individuals currently using land do not meet the conditions for land compensation or are due to receiving land allocation for use in agricultural, forestry, aquaculture, and salt production purposes from state-owned agricultural and forestry farms or agricultural and forestry companies converted from state-owned agricultural and forestry farms, agricultural production groups, agricultural cooperatives and have land allocation contracts, the Provincial People's Committee shall decide on the level of support, support time, and periodically pay support money to suit each specific case but not exceed the level of support specified in Clause 1 of this Article.
3. Based on the actual situation in the locality, the Provincial People's Committee is regulated differently on the level of life stabilization support, on the form of life stabilization support but not lower than the regulations in Clauses 1 and 2 of this Article".
It is requested that you study the provisions of the above land law to implement, and if necessary, contact the local agricultural and environmental agencies for guidance and consideration for resolution according to the provisions of law.
