Is a house built on agricultural land compensated when it is recovered?
First, it is necessary to determine whether building a house on agricultural land is legal or not. Agricultural land is the type of land used for cultivation, animal husbandry, agricultural production... Meanwhile, houses are built on residential land (also known as residential land) belonging to the non-agricultural land group.
Article 5 of the 2024 Land Law also clearly states the principles of land use, including land use for the right purpose. Therefore, building a house on agricultural land is an illegal act of building a house.
On the other hand, Clause 2, Article 105 of the 2024 Land Law also clearly states cases where the State reclaims land and is not compensated for assets attached to the land. In which, it stipulates that assets attached to land are created in violation of the provisions of law or created within the effective period of the land recovery notice of a competent state agency as prescribed in this Law.
Based on the above regulations, the act of building a house on agricultural land is an act of building a house in violation of the law. Therefore, in case of agricultural land recovery, compensation for houses on the land will not be paid.
Can agricultural land recovered be resettled?
Article 108 of the 2024 Land Law stipulates support when the State reclaims land as follows:
+ Support for stabilizing life;
+ Support for stable production and business;
+ Support for moving livestock;
+ Support training, career conversion and job search;
+ Resettlement support for cases specified in Clause 8, Article 111 of this Law;
+ Support for demolition, demolition and relocation as prescribed in Clause 3, Article 105 of this Law.
- In addition to the support specified in Clause 1 of this Article, based on the actual situation in the locality, the Provincial People's Committee shall decide on other measures and support levels. Ensure housing, stabilize life and production for people whose land is recovered, and owners of assets for each specific project.
Resettlement support only applies to cases of land recovery of households, individuals, and Vietnamese people residing abroad who have to relocate. Therefore, people whose agricultural land is recovered will not be supported for resettlement.
