Citizens send questions to the Ministry of Agriculture and Environment asking:
Currently, according to Clause 2, Article 5 of Decree No. 88/2024/ND-CP of the Government, the condition for compensation in cases of violations of land laws is to be eligible for a Certificate of Land Use Rights. Meanwhile, Clause 3, Article 139 of the 2024 Land Law stipulates that one of the conditions for granting a Certificate is that the land plot must comply with the land use planning, general planning or zoning planning approved by the competent authority.
However, in reality, when the State reclaims land to implement a project, that land plot is of course no longer in accordance with the current planning, because it has been determined for other purposes. Therefore, the question arises: when considering the conditions for compensation according to Clause 2, Article 5 of Decree No. 88/2024/ND-CP for cases of land law violations, specifically the act of encroaching on alluvial land along the river, will the criteria of "compliance with planning" continue to be applied as a basis for compensation?
Regarding this question, the Department of Land Management discussed as follows:
In Clause 2, Article 5 of Decree No. 88/2024/ND-CP dated July 15, 2025 of the Government regulating compensation, support and resettlement when the State reclaims land, stipulating other cases of land compensation and conditions for land compensation as prescribed in Clause 3, Article 95 of the Land Law, specifically: Households and individuals who are using land that have violated land laws before July 1, 2014 but have used land stably, are eligible for consideration for granting a Certificate of Land Use Rights as prescribed in Clause 1, Point a and Point c, Clause 2, Clause 3, Clause 4, Article 139 of the Land Law.
Therefore, in cases where households and individuals are using land and have violated land laws before July 1, 2014 but have used land stably, and are eligible for a Certificate of land use rights and ownership of assets attached to land as prescribed in Clause 1, Point a and Point c, Clause 2, Clause 3, Clause 4, Article 139 of the Land Law, they will be compensated for land when the State reclaims the land.
Currently, the Ministry of Agriculture and Environment is drafting a Decree detailing and guiding a number of articles of the National Assembly Resolution stipulating a number of mechanisms and policies to remove difficulties and obstacles in organizing the implementation of the Land Law; therefore, it will continue to study difficulties and obstacles arising from legal regulations to amend and supplement regulations accordingly, and report to competent authorities for consideration and decision.
