Proposal to increase compensation by 1.5 times when land is recovered in Hanoi

HOÀI ANH |

Hanoi - The city proposes a compensation level (in cash) for land equal to 1.5 times the regulated level when land is recovered.

Hanoi City People's Committee has just submitted a report proposing the promulgation of a Resolution of the City People's Council stipulating the level of compensation and support when the State recovers land in the city.

According to the content of the submission, the City People's Committee said that the application of current policies when compensating, supporting, and resettling for site clearance to implement large and important projects of the Capital in general has received the consensus and support of the people.

However, these regulations also create inconsistency and unfairness to land users when the State recovers land to implement projects that are not large projects or important projects of the Capital.

From the above reality, according to the City People's Committee, the promulgation of the City People's Council's Resolution stipulating policies on compensation and support when the State recovers land for national defense and security purposes; land recovery in necessary cases to implement socio-economic development projects for national and public interests in Hanoi City (implementing the provisions of point c, clause 2, Article 24 of the Capital Law No. 02/2026/QH16) is necessary; ensuring a unified legal corridor for implementing compensation and support when the State recovers land in Hanoi City.

Accordingly, the compensation level (in cash) for land is 1.5 times higher than the prescribed level. The compensation level for assets, investment costs in land, support and resettlement when the state recovers land is 1 time higher than the prescribed level.

According to the draft submission, the drafting for the City People's Council to issue a resolution aims to create a policy that is superior and superior, ensuring a legal corridor and sufficient capacity to effectively handle the issues of Hanoi Capital.

At the same time, to meet the requirements of mobilizing land resources in the construction and development of Hanoi in the new era.

On January 27, 2026, the City People's Council passed Resolution No. 90/2026/NQ-HĐND (implementing Clause 4, Article 7 of Resolution No. 258/2025/QH15 dated December 11, 2025 of the National Assembly), in which Article 4 stipulates:

1. For projects specified in point a, clause 2, Article 1 of Resolution No. 258/2025/QH15: the compensation level (in cash) for land is equal to 2 times the prescribed level.

2. For projects specified in points b, c, d and d, clause 2, Article 1 of Resolution No. 258/2025/QH15: the compensation level (in cash) for land is 1.5 times higher than the prescribed level.

The City People's Committee has issued regulations on levels and other support measures for land when the State recovers land in accordance with the reality in Hanoi city (Clause 1, Article 19 of the Regulation issued together with Decision No. 40/2026/QD-UBND dated April 2, 2026) as follows:

1. Support for land

a) Support for the remaining agricultural land area used by households and individuals before July 1, 2014 that is not compensated for land according to the provisions of Clauses 1, 2, 3, 4 and 5, Article 12 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government (implementing Clause 7, Article 12 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government): The support level is equal to 100% of the agricultural land price according to the price list issued by the City People's Committee.

b) Support for non-agricultural land areas that are not residential land remaining used by households and individuals before July 1, 2014 that are not compensated according to the provisions of Clauses 1, 2 and 3, Article 13 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government (implementing Clause 9, Article 13 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government): The support level is equal to 10% of the land price of the type of land recovered according to the price list issued by the City People's Committee.

c) Support for garden land, ponds, agricultural land in the same residential land plot or land originating from garden land, ponds that have been separated from residential land plots: Support equal to 50% of the residential land price according to the price list, the supported area does not exceed the maximum residential land allocation limit in the locality.

d) Riverbank land used by households and individuals directly engaged in agricultural production before July 1, 2004, not eligible for compensation for land and land investment costs: Support equal to the remaining compensation for land investment costs when the State recovers land specified in Article 5 of this Decision.

e) Support equal to 5 times the price of agricultural land in the land price list for the area of agricultural land recovered from households and individuals using land in the cases specified in points a and b, clause 1, Article 109 of the Land Law, at the time of recovery not meeting the conditions for agricultural production without the fault of the land user, not violating land law. The supported area does not exceed the limit for agricultural land allocation in the locality.

HOÀI ANH
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