On the Government Information Portal, Ms. N.Q in Hung Yen reflected that in implementing compensation and support when the state reclaims land, there are many ways to understand when determining the subject and type of reclaimed land to be compensated, especially for households that arbitrarily build houses on agricultural land before July 1, 2014.
There are currently 2 views on determining land types:
First point of view: Because the origin of the land recovered from households is rice-growing land, the conversion of rice-growing land use purposes must be approved by a Resolution of the Provincial People's Council and in accordance with the planning.
However, the recovered land area violates the construction planning of works specified in Article 79 of the Land Law, so it is not eligible for a red book for residential land. Therefore, the type of recovered land is determined to be agricultural land (rice land).
Second point of view: For cases of using land for housing with violations of land law before July 1, 2014, if at the time of starting to use land in accordance with the planning, compensation for residential land will be paid and financial obligations must be fulfilled according to the provisions of Clause 3, 4, Article 11 of Decree No. 103/2024/ND-CP of the Government.
However, if implemented according to the second viewpoint, it will not be in accordance with the regulations in the Government's Decrees regulating the management and use of rice-growing land.
There are problems in determining the subject of land recovery in cases of multiple land use rights transfer but not yet carrying out the transfer procedures according to the provisions of law and the family not currently using the land has documents on the land use rights of the original household.
Article 42 of Decree No. 101/2024/ND-CP stipulates the procedures for registration and issuance of red books in cases where land use rights have been transferred but the transfer procedures have not been carried out.
According to the provisions of the above Article, in cases of land use due to receiving a transfer of land use rights before July 1, 2014 without documents on land use rights as prescribed in Article 137 of the Land Law, the compensation subject is the transferee household (household currently using the land).
However, when carrying out land recovery, there are many cases where there are no documents on land use rights, households have transferred land use rights many times, the transfer time after July 1, 2014, the compensation beneficiaries are households and individuals using land before July 1, 2014 (not households currently using land), so there are problems in compensation, support for land, assets on land and allocation of new residential land (if any).
Ms. Q requested the competent authority to guide her to resolve the above problems.
The Department of Land Management, Ministry of Agriculture and Environment responds to this issue as follows:
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.
In Clause 2, Article 5 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government regulating compensation, support, and resettlement when the State reclaims land, it is stipulated that:
"Households and individuals who are using land that have violated land laws before July 1, 2014 but have used land stably, and are eligible for granting land use right certificates according to the provisions of Clause 1, Point a and Point c, Clause 2, Clause 3, Clause 4, Article 139 of the Land Law".
Land compensation for households and individuals who are using land for housing and have violated land laws before July 1, 2014 is implemented according to the provisions of Article 9 of Decree No. 88/2024/ND-CP dated July 15, 2025 of the Government regulating compensation, support and resettlement when the State reclaims land.
The Ministry of Agriculture and Environment recommends that people study the above regulations and contact the competent land management agency in the locality for specific instructions.
