A reader asked, my family has 847m2 of land, of which 300m2 is residential land and 547m2 is agricultural land. The red book was issued in 1999, the land has not been in dispute or violated the law to date.
Readers wonder whether if the State reclaims land to build a road, will the family be compensated enough residential land to ensure housing for the household they are living in?
Responding to the above issue, the Department of Land Management (Ministry of Agriculture and Environment) said that the principle of compensation, support, and resettlement when the State reclaims land is stipulated in Article 91 of the 2024 Land Law.
It clearly states that compensation for land is implemented by allocating land with the same purpose of use as the type of recovered land.
In case there is no land for compensation, compensation will be made in cash according to the specific land price of the type of recovered land decided by the People's Committee at the competent level at the time of approving the compensation, support and resettlement plan.
Conditions for compensation for land when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests are stipulated in Article 95 of the 2024 Land Law and Article 5 of Decree No. 88/2024/ND-CP of the Government regulating compensation, support, and resettlement when the State reclaims land.
For agricultural land, compensation regulations in cases of State recovery shall apply according to Article 96 of the 2024 Land Law; Article 4, Article 12 of Decree No. 88/2024/ND-CP.
For residential land, compensation regulations in cases of State recovery are stipulated in Article 98 of the 2024 Land Law; Article 4, Article 11 of Decree No. 88/2024/ND-CP.
The resettlement arrangement for households with multiple generations or with multiple couples living together on a plot of land to be recovered if eligible to be separated into separate households according to the provisions of the law on residence, shall be implemented in accordance with the provisions of Clause 4, Article 111 of the 2024 Land Law.
For specific cases of readers, the Department of Land Management recommends contacting local State land management agencies for guidance and work.
