In practice today, many households with many generations sharing the common right to use a residential land plot are recovered, while the compensated residential land area is not enough to be assigned separately to each household.
This case is considered for support in the form of allocating residential land with land use fees or selling, leasing, or renting-purchasing houses for households that are still lacking.
Many citizens are concerned about how to understand and apply the term "shortage of households".
Ms. L.T.K.O in Dong Nai reflected the need to detail the legal terms mentioned in Article 18 of Decision No. 42/2025/QD-UBND dated October 2, 2025 of the People's Committee of Dong Nai province.
According to reports, regulations on support for households are still lacking and have not been specifically guided on quantitative criteria, leading to the risk of uncoordinated and unsynchronized application in the implementation process in the province.
Analyzing the content to be clarified in the regulations shows that, based on Clauses 4 and 10, Article 111 of the 2024 Land Law, Article 18 of Decision No. 42/2025/QD-UBND, there are some issues that need to be guided in detail. First of all, the concept of "compensated residential land area".
According to readers' opinions, current regulations do not clearly define whether the compensated residential land area is calculated based on the total area of residential land actually recovered recorded on the land use right certificate, or including the agricultural land area converted for support according to a certain ratio according to relevant guidelines, or the area after applying the compensation limit according to regulations.
The lack of specific quantitative parameters may lead to many different understandings and applications between localities.
In addition, the criteria for determining "sufficient household" and "short household" are also not clear. The phrase "not enough to assign separately to each household" is currently qualitative and does not have specific standards.
To ensure that the application of the law is accurate and consistent, it is necessary to have clear regulations on the minimum compensation area, calculated in square meters, compared with the residential land allocation limit or the minimum resettlement area in the locality, as a basis for classifying households that meet the conditions or still lack residential land.
Regarding this issue, the Department of Agriculture and Environment of Dong Nai province said that through review, the Department found that the content stipulated in Article 18 of Decision No. 42/2025/QD-UBND only specifies the content that the 2024 Land Law assigned to the provincial-level People's Committee to promulgate.
Accordingly, the Provincial People's Committee has the authority to decide on support in the form of allocating residential land with land use fees or selling, leasing, and lease-purchasing houses for households that are still lacking, according to the provisions of Clause 4, Article 111 of the 2024 Land Law.
Specifically, Clause 1, Article 18 of Decision No. 42/2025/QD-UBND stipulates that in cases where households have many generations or many couples living together on a recovered residential land plot, if they are eligible to separate into separate households according to the provisions of the law on residence, or in cases where many households share the common right to use a recovered residential land plot but the compensated residential land area is not enough to be allocated separately to each household, the remaining households are supported by allocating residential land with land use fees. The residential land area allocated is equal to the smallest area according to the detailed plan of the residential area expected to be resettled, or is sold, leased, and leased-purchased by the State for housing and social housing.
At the same time, Clause 4, Article 111 of the 2024 Land Law also clearly stipulates cases in households with many generations or many couples living together on a recovered residential land plot, if they are eligible to be separated into separate households according to the provisions of the law on residence, or cases where many households share the common right to use a recovered residential land plot but the compensated residential land area is not enough to be allocated separately to each household, they are considered for support in the form of allocating residential land with land use fees or selling, leasing, and leasing-purchasing houses for households that are still lacking.
Thus, it can be understood that households that are still lacking in this case are households that have not been guaranteed sufficient residential land area according to minimum standards after the State recovers land and implements compensation and support according to the provisions of law.
