On the Government Portal, citizens asked: In 2009, Ms. C.T. T. H's family bought a land plot organized for auction by the Village Basic Construction Board. She has built livestock barns and has used the land plot stably until now, without disputes.
Now the state is recovering land to implement the road project. Ms. H asked if she falls into the case of land being allocated ultra vires or cases of violation of land law under Clause 2 or Clause 3, Article 5 of Decree No. 88/2024/ND-CP and is compensated for agricultural land?
The Ministry of Agriculture and Environment answers this question as follows:
Article 95 of the 2024 Land Law stipulates the cases and conditions for land compensation when the State recovers land for national defense and security purposes; socio-economic development for national and public interests.
Clauses 2 and 3, Article 5 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government (amended and supplemented in Clause 3, Article 11 of Decree No. 49/2026/ND-CP dated January 31, 2026 of the Government) stipulate other cases eligible for land compensation and conditions for land compensation specified in Clause 3, Article 95 of the Land Law as follows:
2. Households and individuals who are using land and have violated land laws before July 1, 2014 and have used land stably, belong to the cases considered for issuance of 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.
3. Households and individuals who are using land allocated not in accordance with the authority according to the provisions of land law at the time of allocation or using land due to purchase, receipt of liquidation, valuation, distribution of houses, construction works attached to land not in accordance with the provisions of law but have used land stably before July 1, 2014.
For cases where land is allocated without proper authority from July 1, 2014 to before the Land Law takes effect, there are documents proving that money has been paid to be used for land".
Because the content she mentioned is a specific case and there are no accompanying dossiers and documents, the Department of Land Administration has no basis for a specific answer. It is requested that she study the above regulations and contact the land management agency in the locality for specific guidance.
