Ms. H.T.H.T in Ho Chi Minh City said that her family has a land plot of 58 m2, granted a land use right certificate in 2011. This house and land area is located in the site clearance area for the canal renovation project.
The remaining area after clearance is 27 m2. Ms. T's relatives' family no longer has houses or other residential land in the same ward.
Ms. T asked, is your family eligible to be granted resettlement land without having to hand over the remaining area (27 m2) to the state?
The Ministry of Agriculture and Environment answers this question as follows:
Point a, Clause 2, Article 95 of the 2024 Land Law stipulates the conditions for land compensation when the state recovers land for national defense and security purposes; socio-economic development for national and public interests: having a certificate of land use rights, ownership of assets attached to land.
Clause 4, Article 111 of the 2024 Land Law stipulates: Households and individuals with residential land, Vietnamese people residing abroad, economic organizations using residential land, owning houses attached to land use rights in Vietnam when the State recovers land, if they are eligible for residential land compensation according to the provisions of Article 95 of this Law, they are compensated by allocating residential land or houses in resettlement areas or at other suitable locations.
Clause 2, Article 11 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulating compensation, support, and resettlement when the State recovers land stipulates:
Households, individuals, and overseas Vietnamese who are using residential land and owning houses attached to land use rights in Vietnam when the State recovers residential land that meets the conditions for land compensation shall implement as follows:
In case of completely recovering residential land or the remaining residential land area of the land plot after recovery is smaller than the minimum area according to the regulations of the Provincial People's Committee on the minimum area in Clause 2, Article 220 of the Land Law, if households and individuals no longer have residential land or other houses in the commune, ward, or town where the land is recovered, they are compensated with residential land or resettlement housing.
In case of completely recovering residential land or the remaining residential land area of the land plot after recovery is less than the minimum area according to the regulations of the Provincial People's Committee on the minimum area in Clause 2, Article 220 of the Land Law, if households and individuals still have residential land and other houses in communes, wards, and towns where the land is recovered, they are compensated in cash or in residential land or in houses or other land if the locality has conditions for land funds and housing funds".
Because this is a specific case, please study the above regulations and contact the land management agency in the locality for specific guidance.
