Citizens send questions to the Ministry of Agriculture and Environment asking:
According to regulations, in case a person whose residential land is acquired has to move their residence, is compensated with residential land or resettlement housing, but the compensation for residential land is not enough to get a minimum resettlement quota, the State will support the difference.
The site clearance unit understands that to be supported according to this regulation, it is necessary to meet the following conditions: (1) having residential land to be recovered; (2) having to move residence (certified by the Commune People's Committee); (3) being compensated with residential land due to the project having a resettlement area; and (4) compensation for residential land not being sufficient compared to the value of a minimum resettlement quota.
However, when appraising the dossier, the commune-level Appraisal Council did not agree to apply the support policy for cases where all residential land in the same land plot is not recovered.
Therefore, it is proposed that the Ministry clarify: is the condition of "having residential land to be recovered" according to Clause 8, Article 111 of the 2024 Land Law mandatory to have all residential land recovered or is it only necessary to have a part of residential land recovered and have to move to a place of residence to be eligible?
Answering this content, the Land Administration Department said:
According to the provisions of Clause 8, Article 111 of the 2024 Land Law, in case a person whose residential land is recovered has to move their residence and is compensated by allocating residential land or resettlement housing, but the compensation for residential land is not sufficient compared to the value of a minimum resettlement allowance, the State will provide sufficient financial support to be allocated a minimum resettlement allowance.
Therefore, Clause 8, Article 111 of the 2024 Land Law does not stipulate that the condition for receiving resettlement support is to recover the entire residential land area.
Due to the lack of accompanying dossiers and documents, it is requested that the Citizen study the above regulations and contact the land management agency in the locality for specific guidance.
