A household in Hanoi reflected that the family is subject to relocation from an area within the environmentally affected area of 500 m from the fence of the waste treatment complex. According to the reflection, the family is eligible for compensation for housing and works on land, but does not meet the conditions to be compensated for residential land because they live on relatives' land; and has never been allocated residential land by the State.
People said that at the time of the land acquisition notice, the family did not have any residential land or other houses in the commune. This household is also in economic difficulty, with single women as household heads and is a vulnerable case in society. From that reality, people wonder whether they will be entitled to housing policies according to the provisions of the 2013 Land Law or not.
Answering this content, the Department of Land Administration, Ministry of Agriculture and Environment said that the project to relocate people out of the 500 m environmentally affected area of the District People's Committee was implemented during the time when the 2013 Land Law and guiding documents were still in effect. Therefore, the consideration of people's rights must be based on the provisions of law applied at that time.
According to the Department of Land Administration, Ministry of Agriculture and Environment, point d, clause 1, Article 65, clause 3, Article 87 and clauses 1, 2, Article 79 of the 2013 Land Law have stipulated cases of residential land recovery in areas with environmental pollution that threaten human lives, as well as principles of compensation, support, and resettlement. In which, in cases where households and individuals whose land is recovered and attached to houses must relocate but are not eligible for residential land compensation, if there is no other place to live, the State will sell, lease, lease-purchase houses or allocate residential land with land use fees.
This agency also cited Clause 1, Article 16 of Decree 47/2014/ND-CP, according to which compensation, support, and resettlement for cases of land acquisition in areas with environmental pollution that threaten human life are carried out in accordance with the provisions of Clause 1, Article 79 of the Land Law and related provisions of the decree.
However, the Department of Land Administration, Ministry of Agriculture and Environment emphasized that this is a specific case and there are no accompanying dossiers and documents, so the central agency cannot conclude on behalf of the locality. People are requested to study the above-mentioned legal regulations and contact the local land management agency for consideration and settlement according to their authority.
