Conditions for 3 families to be compensated when living on a 300m2 plot of land that has been reclaimed

Thu Giang |

Regulations on compensation for residential land when the State reclaims it are of interest to many people.

A reader said that his family has 847m2 of land, of which 300m2 is residential land and 547m2 is agricultural land, with a red book issued in 1999.

The reader's family and the family of 2 children are living in 2 level IV houses built on an area of 300m2 of residential land, without any violations or disputes to date.

A reader asked, when the State reclaims land to build a road, will the reader's family be compensated with enough 300m2 of residential land for 3 families to live together?

Responding to this content, the Department of Land Management (Ministry of Agriculture and Environment) said that according to the principle of compensation, support, and resettlement when the State reclaims land, it is stipulated in Article 91 of the 2024 Land Law, which stipulates:

Land compensation is carried out by allocating land with the same purpose of use as the type of recovered land. In case there is no land for compensation, compensation will be made in cash according to the specific land price of the type of recovered land decided by the People's Committee at the competent level at the time of approving the compensation, support and resettlement plan.

Conditions for compensation for land when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests are stipulated in Article 95 of the 2024 Land Law and Article 5 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government regulating compensation, support, and resettlement when the State reclaims land:

Compensation for land when the State reclaims agricultural land from households and individuals is stipulated in Article 96 of the 2024 Land Law; Article 4, Article 12 of Decree No. 88/2024/ND-CP.

Compensation for land when the State reclaims residential land is stipulated in Article 98 of the 2024 Land Law; Article 4, Article 11 of Decree No. 88/2024/ND-CP.

Arrange for resettlement for households with multiple generations or with multiple couples living together on a recovered residential land plot, if eligible to be separated into separate households according to the provisions of the law on residence as prescribed in Clause 4, Article 111 of the 2024 Land Law.

For the specific case mentioned above, the Department of Land Management (Ministry of Agriculture and Environment) recommends that readers contact the local State management agency on land for guidance and clarification.

Thu Giang
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