Sending a question to the Government Electronic Information Portal, Mr. T.D. T asked: Your house and land were bought for living and used continuously to this day, with a declaration in 1999 confirming existence before 1992, having fulfilled tax obligations and been granted a house number.
Specifically, after the transfer process through many people, Mr. T received the transfer of an area of 15.66 m2 from Mr. C, located in a common land area at address A. In the 2013-2014 period, the State agency issued a decision to recover land to implement the project (but it was not until about 2023-2024 that the project had an approval decision).
In the compensation plan, Mr. T's land area is only calculated at 70% of the value (S2 type) and continues to be reduced by 56% due to being accused of encroaching on the canal; at the same time, the compensation agency determined that this case violated the land law before July 1, 2014 according to Article 139 of the 2024 Land Law.
However, Mr. T said that the determination of violations is not appropriate because the land has a legal and stable origin of use since before 1993 and has sufficient evidence to prove it, while surrounding households with similar origins are recognized.
Mr. T asked, is his case considered a violation of land law before July 1, 2014? Is he entitled to compensation for land and assets on land at a rate of 100%?
Is the compensation for supporting construction on land according to the current calculation method of the Compensation Board for brick wall houses, brick columns, ceramic floors, and gypsum ceilings of 14.8 m2 consistent with the calculation method of construction area? Because your house on the 1st floor is 100% brick wall.
The Ministry of Agriculture and Environment answers this question as follows:
Determining land violations
Regarding the content of violations of land law, the origin and process of land use of his family still have many unclear contents, no dossiers or documents proving the origin and time of use. Therefore, according to the provisions of relevant land law, the determination of land use in cases of land encroachment, land occupation, and land use for improper purposes is determined according to the provisions of relevant law, specifically:
- Land encroachment and land occupation are determined according to Clause 9, Clause 31 Article 3 and Clause 1 Article 13 of Decree No. 123/2024/ND-CP dated October 4, 2024 of the Government stipulating penalties for administrative violations in the field of land;
- The act of using land for improper purposes is determined if the use is for purposes not in accordance with the purposes identified in the Certificate of Land Use Rights; land allocation decisions, land lease decisions and land use right documents specified in Article 137 of the Land Law.
According to the provisions of Clause 4, Article 3 of Decree No. 123/2024/ND-CP, households and individuals using land before October 15, 1993 without a document handling violations from a competent state agency are not subject to administrative penalties.
Conditions for land compensation
Regarding the content related to compensation, point a, clause 1, clause 2, clause 3, Article 95 of the 2024 Land Law stipulates:
Article 95. Conditions for land compensation when the State recovers land for national defense and security purposes; socio-economic development for national and public interests
1. Cases of land compensation when the State recovers land for national defense and security purposes; socio-economic development for national and public interests include:
a) Households and individuals who are using land that is not leased land pay annual land rent;
2. Cases specified in Clause 1 of this Article are compensated for land when one of the following conditions is met:
a) Having a Certificate of land use rights or a Certificate of house ownership and residential land use rights or a Certificate of land use rights, house ownership and other assets attached to land or a Certificate of land use rights, ownership of assets attached to land;
b) Having a decision to allocate land or a decision to lease land or a decision to allow the change of land use purpose of a competent state agency;
c) Having one of the documents on land use rights as a basis for issuing a Certificate of land use rights, ownership of assets attached to land as prescribed in Article 137 of this Law;
d) Receiving transfer of land use rights according to the provisions of law from people with legal land use rights but who have not completed land registration procedures;
e) Being allowed to use land according to the agreement in the mortgage contract to handle debts; document recognizing the results of the land use right auction where the winning bidder has completed financial obligations according to the provisions of law.
3. The Government stipulates other cases of land compensation and conditions for land compensation".
Clause 2, Article 5 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulating compensation, support, and resettlement when the State recovers land (amended and supplemented in Clause 3, Article 11 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government) stipulates cases of land compensation including:
Households and individuals who are using land and have violated land laws before July 1, 2014 and have used land stably, are eligible for consideration for issuing Certificates of Land Use Rights according to the provisions of Clause 1, Point a and Point c Clause 2, Clause 3, Clause 4 Article 139 of the Land Law without having to meet the conditions of being in accordance with the plan".
Because this is a specific case, the Department of Land Administration does not have relevant records and documents; therefore, it is requested that he study the above-mentioned legal regulations and contact the land management agency in the locality for guidance according to their authority.
