In the submission on the promulgation of a Decree detailing and guiding a number of articles of the Resolution of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in the organization of the implementation of the Land Law that is being appraised by the Ministry of Justice, there are proposals to amend and supplement a number of articles of Decree No. 88/2024/ND-CP, including regulations on land prices, land rent, etc.
Accordingly, the draft amends and supplements a number of contents specified in Article 3, including amending and supplementing Point g, Clause 1 on the content of the compensation, support and resettlement plan, including: Compensation, support, resettlement and other expenses; adding content on temporary residence arrangement, time and temporary residence costs (if any) in the detailed plan on compensation, support and resettlement specified in Clause 2.
According to the Ministry of Agriculture and Environment, to avoid duplication and consistency with the provisions of Clause 1, Article 94 of the 2024 Land Law and to resolve cases of temporary residence when reclaiming land to implement important national projects and emergency public investment projects according to the law on public investment as prescribed in Resolution No. 254/2025/QH15.
At the same time, the Ministry of Agriculture and Environment proposed to amend and supplement Clause 1, Article 4 of Decree No. 88/2024/ND-CP in the direction of: Land price for calculating land use fees and land rents when compensated with land with a different purpose of use than the type of land recovered according to other types of land compensated at the time of approval of the compensation, support and resettlement plan.
The reason given by the drafting agency is: According to the provisions of Clause 2, Article 91 of the 2014 Land Law, people whose land is recovered if they have a need and the locality has conditions for land funds and housing funds will be considered for compensation in land other than the purpose of use for the type of recovered land.
However, Clause 1, Article 4 of Decree 88/2024/ND-CP only stipulates land prices for calculating land use fees, but there is no regulation on land prices when calculating land rent in cases of compensation with the type of land to be rented according to the provisions of Article 120 of the 2024 Land Law.
In addition, to ensure consistency in land prices for calculating compensation according to Clause 6, Article 3 of Resolution No. 254/2025/QH15, the drafting agency proposed to amend Clause 7, Article 13 in the direction of: Supplementing regulations on land prices at the time of approving the compensation, support and resettlement plan in the formula to determine the compensation amount for cases where people using non-agricultural land that is not residential land on land used for a period of time are compensated in money.
