Citizens send questions to the Ministry of Agriculture and Environment with the content:
My family has a land plot with an area of 96.7 m2, the origin of the land is Yen Phong District People's Committee (old) allocated in 1991 with land purchase fees collected.
The land plot that was granted a land use right certificate in 1998 is 86 m2. The 11 m2 area has been used stably since 1991, the family has used stably without encroachment, without buying or selling adjacent land plots, and no violation records of encroachment have been made.
The location of the land plot is Huynh Thuc Khang street, Pho Moi village, Yen Phong commune, Bac Ninh province. The traffic road expansion project is planned to pass through my family's land plot.
The site clearance board has proposed a plan to recover from my family an area of 51.8 m2, leaving 45.2 m2. In April 2026, the site clearance board proposed to compensate my family with money and not compensate with land, although the People's Committee already had resettlement land, and other households were proposed to compensate with residential land.
My family only has one land plot, currently my parents, husband and wife and my children are living on the above land plot, there are no other land plots in Yen Phong commune. So I would like to ask if compensation in cash is compensated at the State price or the market price, is compensation in cash in accordance with regulations? Is my family eligible for compensation in residential land (because the commune has arranged resettlement housing for the project)?
If compensation is made with land, will the unrecovered land area of 45.2 m2 be granted a certificate of land use rights? Is there a regulation requiring the acquisition of the entire family's land plot (recovering the area outside the plan) to be compensated with residential land?
Answering this content, the Department of Land Administration said:
1. Regarding land compensation when the State recovers land
Clause 2, Article 91 of the 2024 Land Law stipulates the principles of compensation, support, and resettlement when the State recovers land as follows: Land compensation is carried out by allocating land with the same purpose of use as the recovered land type, in case there is no land for compensation, it is compensated in cash... In case the person whose land is recovered is compensated in land or housing and has a need to be compensated in cash, they are compensated in cash according to the wishes registered when preparing the compensation, support, and resettlement plan.
For people whose land is recovered, if they have needs and localities have conditions for land funds and housing funds, compensation is considered in the form of land other than the purpose of use with the recovered land type or in the form of housing.
Land compensation when the State recovers residential land is regulated in Article 98 of the 2024 Land Law, Article 11 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulating compensation, support, and resettlement when the State recovers land.
Land compensation when the State recovers agricultural land from households and individuals is regulated in Article 96 of the 2024 Land Law, Article 12 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulating compensation, support, and resettlement when the State recovers land.
Land compensation when the State recovers non-agricultural land that is not residential land of households and individuals is regulated in Article 99 of the 2024 Land Law, Article 13 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulating compensation, support, and resettlement when the State recovers land.
Regarding resettlement arrangement for cases in households with multiple generations or multiple married couples living together on a recovered residential land plot, it is implemented according to the provisions of Clause 4, Article 111 of the 2024 Land Law.
2. Regarding land prices for compensation calculation
Clause 6, Article 3 of Resolution No. 254/2025/QH15 stipulates that the land price for calculating land compensation is specified in Clause 2, Article 91 of the Land Law and the land price for calculating land use fees at the resettlement place specified in Clause 3, Article 111 of the Land Law is calculated according to the land price in the land price list and the land price adjustment coefficient.
Because the content of the citizen's question is a specific case, without accompanying records and documents, the Department of Land Administration does not have a basis for a specific answer. It is requested that citizens study the above regulations and contact the agency with land management functions in the locality for guidance and consideration for resolution according to the provisions of law.
