A case reflecting problems related to compensation when recovering land with encroachment and occupation from many years ago. People are concerned whether the use of land that is not in accordance with current planning will affect their right to compensation.
Regarding this content, the Department of Land Administration, Ministry of Agriculture and Environment said that because there are not enough dossiers and documents on the origin and process of land use, there is no basis to answer specifically for each case. However, this agency has cited relevant legal regulations for people to refer to.
Accordingly, Article 139 of the 2024 Land Law stipulates the handling of cases of households and individuals using land that violate land law before July 1, 2014.
In addition, Decree No. 101/2024/ND-CP also stipulates the issuance of Certificates of Land Use Rights for cases of land use with violations but meeting legal conditions.
Can be compensated if eligible
The Department of Land Administration said that, according to Clause 2, Article 5 of Decree No. 88/2024/ND-CP, households and individuals using land who violated before July 1, 2014 but have used land stably and are eligible for consideration for Certificate issuance may be considered for land compensation when the State recovers land.
This shows that not all cases of violating land are denied compensation, but it is necessary to base it on the time of violation, land use process, and compliance with legal regulations.
Based on records and land use status
Functional agencies emphasize that the consideration of compensation must be based on specific dossiers, including the origin of land, type of land, time of use and assets attached to land.
Therefore, to be specifically resolved, people need to contact the local land management agency to check their dossiers and be guided according to regulations.
According to current regulations, cases of land use violations before 2014 but stable use, in accordance with the law, can still be considered to ensure rights when the State recovers land.
