How is the support level for a person whose agricultural land is recovered regulated?
Pursuant to the provisions of Clause 1, Article 19 of Decree 88/2024/ND-CP, it is stipulated as follows:
Support for stabilizing life when the State reclaims land
- Households and individuals using agricultural land who meet the conditions for land compensation will receive support to stabilize their lives as follows:
+ Recovering from 30-70% of the agricultural land area in use will be supported for 6 months if not having to relocate and for 12 months if having to relocate; in case of having to relocate to an area with difficult socio-economic conditions or with especially difficult socio-economic conditions, the maximum support period is 24 months.
In case of recovery of over 70% of agricultural land area in use, support will be provided for a period of 12 months if there is no need to relocate and for a period of 24 months if there is need to relocate; in case of relocation to an area with difficult socio-economic conditions or with especially difficult socio-economic conditions, the maximum support period is 36 months;
+ The area of agricultural land recovered to calculate support for stabilizing life as prescribed in Point a of this Clause is the area within the commune, ward, or town where the land is recovered at the time of the decision approving the compensation, support, and resettlement plan and is determined for each land recovery project by the People's Committee at the competent level, without accumulating the recovered agricultural land area of previous land recovery projects;
+ The support level for one person specified in Point a and Point b of this Clause is calculated in cash equivalent to 30 kg of rice in 01 month according to the average price at the time of support in the locality.
Thus, according to the above regulations, the support level for a person whose agricultural land is recovered from 30% or more in the case specified above will be supported in cash equivalent to 30 kg of rice in 1 month according to the average price at the time of support of the locality.
In addition, in the case of households and individuals using land under the above regulations, less than 30% of the agricultural land area in use is recovered.
Or households and individuals who are using land that do not meet the conditions for land compensation or who receive land allocation for agricultural, forestry, aquaculture, and salt production purposes from state-owned farms and forestry farms or agricultural and forestry companies converted from state-owned farms and forestry farms, agricultural production corporations, agricultural cooperatives and have land use allocation contracts, the Provincial People's Committee shall decide on the level of support, support period, and periodic payment of support money in accordance with each specific case but not exceeding the support level stated above (according to Clause 2, Article 19 of Decree 88/2024/ND-CP).
Can individuals directly involved in agricultural production change their occupation when their land is recovered?
According to Clause 1, Article 22 of Decree 88/2024/ND-CP, the following provisions are provided:
Support training, career conversion and job search for households and individuals when the State reclaims land.
- Individuals directly engaged in agricultural production who are supported in training, career conversion and job search as prescribed in Point a, Clause 1, Article 109 of the Land Law are individuals who are using agricultural land and at the time of approval of the compensation, support and resettlement plan have income from agricultural production on that land and do not fall into the following cases:
+ Cadres, civil servants, public employees, active officers, professional soldiers, defense civil servants, defense workers and officials, officers, non-commissioned officers, police workers, people working in cryptography and people working in other cryptography organizations receiving salaries from the state budget;
+ Pensioners;
+ People who have lost their ability to work or quit their jobs are entitled to monthly social insurance benefits;
Accordingly, individuals directly involved in agricultural production who meet the above conditions will be supported in training, career conversion and job search as prescribed in Article 109 of the 2024 Land Law.
