Readers have expressed their concerns that according to Clause 5, Article 111 of the 2024 Land Law, households and individuals whose land attached to their houses is recovered by the State must be able to move to a land allocated by the State with land use fees collected.
However, according to Point l, Clause 1, Article 157 of the 2024 Land Law, there are cases of exemption from land use fees.
Readers also want to know, is a house built on agricultural land (land for growing annual crops) a land attached to a house?
If the road project passes through an agricultural plot with houses on the land, will readers be supported with resettlement land? If supported, do readers have to pay land use fees for that resettlement land plot?
Responding to this content, the Department of Land Management - Ministry of Agriculture and Environment - informed that Article 95 of the 2024 Land Law and Article 5 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government regulating compensation, support, and resettlement when the State reclaims land have stipulated conditions for compensation for land when the State reclaims land for national defense and security purposes; socio-economic development for national and public interests.
Clause 5, Article 111 of the 2024 Land Law stipulates the resettlement arrangement:
Households and individuals whose land attached to a house is reclaimed by the State must move their residence without being eligible for compensation for residential land. If they do not have any other residence in a commune or town in a rural area or in a town or city in a province or in a district, town or city under a centrally-run city where the land is reclaimed, the State will allocate residential land with land use fees or sell, rent, or lease-purchase houses.
At Point l, Clause 1, Article 157 of the 2024 Land Law, it is stipulated that exemption and reduction of land use fees and land rents are implemented in the following cases:
Allocate residential land to households and individuals who, when the State reclaims land attached to a house, have to relocate their residence without meeting the conditions for compensation for residential land and have no other residence in the commune-level administrative unit where the land is reclaimed.
Pursuant to the above provisions, the conditions for being considered for land allocation with land use fees or selling, leasing, leasing, or purchasing houses for households and individuals when the State reclaims land attached to a house and must relocate their residence without meeting the conditions for compensation for residential land shall be implemented according to the provisions of Clause 5, Article 111 of the 2024 Land Law;
The exemption and reduction of land use fees is implemented according to Point l, Clause 1, Article 157 of the 2024 Land Law and Articles 17, 18, and 19 of Decree No. 103/2024/ND-CP dated July 30, 2024 of the Government regulating land use fees and land rents.
Because this is a specific case, without any documents or records, readers are advised to study the above regulations and contact the competent land management agency in the locality for specific instructions.
