Proposal for people with recovered land to be prioritized for on-site resettlement

Huy Hùng |

The draft revised Land Law has many contents related to compensation and resettlement support when the State recovers land.

To ensure the rights and interests of people whose land is recovered, meet the requirements of socio-economic development and be consistent with the actual situation, and avoid cases of taking advantage of land recovery policies for personal gain, the draft Law has supplemented regulations:

- When the State recovers land for national defense, security, socio-economic development for national and public interests, if land users have a need to recover the remaining area of the recovered land plot, the agency or person with land recovery authority shall consider and decide to recover the land and implement compensation, support, and management of this land area according to the Government's regulations.

- Supplement regulations on compensation, support, and resettlement for land users who have received land use rights transfers during the time of implementing land acquisition notices in the direction that during the effective time of land acquisition notices, if the land owner receives land use rights transfers, the land use right transferee is entitled to compensation, support, and resettlement but not exceeding the total compensation, support, and resettlement level applied to the land use right transferor.

- Completing regulations on the order and procedures for land recovery for national defense, security, socio-economic development for national and public interests in the direction of not rigidly stipulating that land recovery is only carried out after the compensation, support, resettlement plan has been approved and resettlement arrangement has been completed; not stipulating the order and procedures for land recovery in the Land Law.

- Supplement regulations prioritizing people with recovered residential land to be allocated land or buy houses on expanded recovered land areas in the direction that people with recovered residential land to implement urban area construction investment projects, rural residential area projects are compensated with residential land or on-site houses.

- Supplementing regulations that in the process of organizing land recovery, it is necessary to conduct investigations and determine income from land use and assets attached to land; organize to collect opinions and absorb opinions from people with recovered land before approving compensation, support, and resettlement plans. This regulation aims to forecast income levels of people with recovered land that are lost so that localities have appropriate support plans, contributing to rebuilding life and restoring livelihoods for people with recovered land compared to the time before land recovery.

- Supplementing the principle that houses and residential land in resettlement areas are arranged according to many house levels and different area levels to suit the compensation levels and affordability of resettled people.

- Regulations on cases where the State recovers land for national defense, security, socio-economic development for national and public interests, and people with recovered land have needs, they are allowed to swap the recovered residential land area to the remaining land area of the recovered land plot according to the Government's regulations. This regulation creates a flexible mechanism, helping people with recovered residential land to resettle on the spot, limiting disruption to residence and life, and at the same time contributing to the effective use of the remaining land area after recovery, the State saves costs by not having to arrange resettlement land in other locations.

The draft revised Land Law is expected to be submitted to the National Assembly for consideration at the second session (October 2026).

Huy Hùng
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