On-site resettlement when land is recovered
Pursuant to Clause 3, Article 24 of Decree 88/2024/ND-CP on resettlement arrangement when the State recovers land, in the case of implementing projects, for the purposes of national defense, security, transportation, irrigation, technical infrastructure, social infrastructure, residential land must be recovered in the land plot with housing, and the person whose land is recovered has a need for on-site resettlement through exchanging the residential land position to the back in the remaining agricultural land area of the land plot after recovery, the resettlement arrangement in this case is carried out as follows:
- Arrange on-site resettlement in the form of allowing the conversion of land use purpose for the agricultural land area to residential land within the land allocation limit prescribed in Clause 2, Article 195 and Clause 2, Article 196 of the 2024 Land Law.
Accordingly, based on the land fund and actual situation of the locality, the Provincial People's Committee shall prescribe the land allocation limit for individuals in rural areas and individuals in urban areas.
In addition, land use fees are exempted when changing the land use purpose from agricultural land to residential land when arranging resettlement in the above case, equal to the area of recovered residential land in case the person whose land is recovered agrees to the compensation plan for agricultural land for the recovered land area.
In addition, according to Article 111 of the 2024 Land Law, the unit or organization performing the task of compensation, support and resettlement assigned by the Provincial People's Committee or District People's Committee to arrange resettlement must notify the people whose residential land is recovered and the house owners who are required to relocate about the proposed resettlement arrangement plan and publicly post it for at least 15 days at:
- Headquarters of the People's Committee at the commune level;
- Common living space of residential area where land is recovered;
- The resettlement area had people living there before the competent authority approved the resettlement plan.
In addition, the resettlement plan approved by the competent authority must be publicly announced at the headquarters of the People's Committee at the commune level, at the common living place of the residential area where the land is recovered and at the resettlement site.
Thus, people whose land is recovered will be resettled on the spot if there is a resettlement project in the land recovery area or if there are conditions for resettlement.
At the same time, Clause 8, Article 111 of the 2024 Land Law clearly stipulates that in cases where people whose residential land is recovered have to relocate and are compensated by being allocated residential land or resettlement housing, but the compensation for residential land is not enough compared to the value of a minimum resettlement quota, the State will support enough money to be allocated a minimum resettlement quota.
