Sending questions to the Government Electronic Information Portal, Ms. A (Dong Nai) reflected: Her family has 300m2 of residential land and 547m2 of perennial crop land, and has been granted a Certificate of Land Use Rights since 1999. On this land area, there are 2 houses with a total area of 208m2, which are stable residences for more than 30 years of 3 households including: Ms. A's parents, her family and her younger sibling's family.
Currently, the entire land area of Ms. A's family is being recovered. All 3 households no longer have houses or other residential land in the locality and have to rent rooms to live in. The Commune People's Committee, based on Clause 4, Article 111 of the 2024 Land Law, determined that Ms. A's family and her younger brother's family are "short households".
From the above reality, Ms. A requested functional agencies to clarify: According to Clause 4, Article 111 of the 2024 Land Law, what is "near household", what is "sufficient household"? Is the determination of the area of residential land to be compensated based on the area recorded on the Certificate of Land Use Rights of the family or based on any other criteria and conditions to determine whether conditions are sufficient or not?
The Ministry of Agriculture and Environment answers this question as follows:
Clauses 4 and 10 of Article 111 of the 2024 Land Law stipulate:
Article 111. Arranging resettlement
... 4. 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 recovers land, if they are eligible for residential land compensation according to the provisions of Article 95 of this Law, they are compensated by handing over residential land or houses in resettlement areas or in other suitable locations.
In case in a household there are many generations or many couples living together on a recovered residential land plot, if they are eligible to separate into separate households according to the provisions of the law on residence or there are many households sharing the common right to use 1 recovered residential land plot, but the compensated residential land area is not sufficient to be allocated separately to each household, they are considered for support to allocate residential land with land use fees or sell, lease, or lease-purchase houses to households that are still in shortage.
... 10. Provincial People's Committees shall, based on the residential land fund, resettlement housing and the actual situation in the locality, specify the minimum resettlement rate specified in Clause 8 of this Article; decide on support for allocating residential land with land use fees or selling, leasing, and leasing-purchasing houses to households that are still lacking according to the provisions of Clause 4 of this Article".
It is requested that you study the above regulations and contact the land management agency in the locality for consideration and resolution.
