Citizens sent a question to the Ministry of Agriculture and Environment asking: When the State reclaims residential land, in case the individual does not have any other residential land or house, and is currently living with his biological parents, will he/she be eligible for compensation and resettlement arrangement or not? Is it mandatory to have a house on the recovered land for resettlement? In case the locality no longer has land funds for resettlement, how will compensation be implemented?
Responding to this content, the Department of Land Management said:
- Clause 2, Article 91 of the 2024 Land Law stipulates: Land compensation is implemented by allocating land with the same purpose of use as the recovered land type. In case there is no land for compensation, compensation will be made in cash according to the specific land price of the recovered land type decided by the People's Committee at the competent level at the time of approving the compensation, support and resettlement plan. In case the person whose land is recovered is compensated in land or housing but needs to be compensated in cash, he/she will be compensated in cash according to the wishes registered when making the compensation, support and resettlement plan.
For those whose land is recovered, if there is a need and the locality has conditions for land funds and housing funds, compensation will be considered for land compensation other than the purpose of use for the type of recovered land or housing.
- Clause 4, Article 111 of the 2024 Land Law stipulates: Households and individuals with residential land, people of Vietnamese origin residing abroad, economic organizations currently using residential land, owning houses attached to land use rights in Vietnam when the State reclaims land, if they meet the conditions for compensation for residential land according to the provisions of Article 95 of this Law, will be compensated by allocating residential land or housing in resettlement areas or at other suitable locations.
In case there are multiple generations or multiple couples living together on a recovered residential land plot if they are eligible to be separated into separate households according to the provisions of the law on residence or there are multiple households with shared land use rights for a recovered residential land plot and the compensated residential land area is not enough to be allocated separately to each household, support will be considered for allocation of residential land with land use fees or sale, lease, or lease-purchase of houses to households in need.
Because the citizen's question is a specific case, the origin, management and use of land and assets attached to land, the time of decision to reclaim land, approve compensation, support and resettlement plans are unknown, the Department of Land Management has no basis to answer specifically. The Ministry recommends that citizens study the above regulations and contact the competent land management agency in the locality for specific instructions.
