According to Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm, Article 109 of the 2024 Land Law stipulates support for training, job conversion and job search for households and individuals when the State reclaims land:
- Cash support not exceeding 5 times the price of agricultural land of the same type in the local land price list for the entire area of recovered agricultural land but not exceeding the limit for agricultural land allocation in the locality as prescribed in Article 176 of this Law for the following subjects:
+ Households and individuals directly engaged in agricultural production who are using agricultural land allocated, transferred, inherited, donated by the State, or recognized for land use rights when the State reclaims land without land for compensation and have been compensated in money;
+ Individuals who are social protection beneficiaries, beneficiaries of monthly social allowances according to the provisions of law, war invalids, sick soldiers, and martyrs' families when the State reclaims agricultural land without land for compensation and have been compensated in money;
+ Households and individuals using land from receiving land allocation for agricultural, forestry and aquaculture purposes from state-owned farms and forestry farms or agricultural and forestry companies converted from state-owned farms and forestry farms that are directly engaged in agricultural production and have a stable source of income from agricultural production on that land, except for individuals who are officers and employees of state-owned agricultural and forestry farms or agricultural and forestry companies converted from state-owned agricultural and forestry farms who have retired, retired, or quit their jobs and are entitled to subsidies;
+ Households and individuals using land due to receiving land allocation from agricultural production groups and agricultural cooperatives that are directly engaged in agricultural production and have a stable source of income from agricultural production on that land.
- People who are supported according to the provisions of Clause 1 of this Article will also be supported in the form of training, job conversion and job search according to the provisions of Clause 4 of this Article.
- Households and individuals using residential land combined with service business with a stable source of income from service business activities, when the State reclaims land and has to relocate their residence, are entitled to preferential credit loans to develop production and business and are supported according to the provisions of Clause 4 of this Article.
- The specific support level in Clause 1 of this Article is determined by the Provincial People's Committee based on the actual conditions of the locality.
In addition, according to Lawyer Tran Tuan Anh, Article 22 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government regulating compensation, support, and resettlement when the State reclaims land stipulates:
- 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, officers on active duty, professional soldiers, defense civil servants, workers and defense officials, officers, non-commissioned officers, police workers, people working in cryptography and people working in other cryptographic organizations receiving salaries from the state budget;
+ Pensioners;
+ People who retire without working capacity or quit their jobs are entitled to monthly social insurance benefits;
+ Employees with indefinite-term labor contracts.
- Households directly engaged in agricultural production that are supported in training, career conversion and job search as prescribed in Point a, Clause 1, Article 109 of the Land Law are households using agricultural land with at least one member with income from agricultural production on that land (including members arising after the time of using agricultural land) at the time of approving the compensation, support and resettlement plan and not falling under the cases specified in Points a, b, c and d, Clause 1 of this Article.
- The level of support for training, vocational conversion and job search as prescribed in Article 109 of the Land Law is prescribed by the Provincial People's Committee based on the actual situation in the locality but not exceeding 5 times the price of agricultural land of the same type in the local land price list for the entire area of agricultural land recovered but not exceeding the local agricultural land allocation limit as prescribed in Article 176 of the Land Law.
- For households and individuals using land due to receiving land allocation, households and individuals receiving land use garden allocation for new planting, garden care, harvesting who are eligible for training, job conversion and job search support as prescribed in Point c and Point d, Clause 1, Article 109 of the Land Law, there must be a contract for allocation.
