On the Government Portal, Mr. N.D.D in Dien Bien reflected that he has a land plot in the riverside alluvial ground area, used stably for corn cultivation since 1997, without dispute.
The Commune People's Committee does not prohibit the family's land use nor has it made an official announcement about the riverbed and river corridor planning.
Now the commune People's Committee announces that the alluvial land plot of Mr. D's family being cultivated is within the land clearance area of the project.
Mr. D asked, is his family's land eligible for compensation when the state recovers land?
The Department of Land Administration, Ministry of Agriculture and Environment answers this question as follows:
Clauses 1, 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, stipulate:
Article 5. Other cases eligible for land compensation and conditions for land compensation specified in Clause 3, Article 95 of the Land Law:
Households and individuals currently using land without papers on land use rights who are eligible for a certificate of land use rights and ownership of assets attached to land (hereinafter referred to as a certificate of land use rights) as prescribed in Clauses 1, 2, 3, 4, 5 and 6 of Article 138 of the Land Law.
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 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".
Based on land law regulations, it is necessary to check the time, origin, management and use process for the recovered land area that households are using; and at the same time compare with relevant dossiers and documents to consider and resolve compensation and support for households and individuals according to regulations.
Because this is a specific case, without accompanying records and documents, it is requested that you study the above-mentioned legal regulations and contact the local land management agency for consideration and resolution.
