On the Government Portal, citizens asked: Mr. T.T. N (Hanoi) has 34 m2 of land that has been granted a Certificate. On land to build level IV houses. According to the policy of site clearance to expand the national highway, all land use rights mentioned above are revoked.
Mr. N is informed that Clause 8, Article 111 of the 2024 Land Law stipulates that in case a person whose residential land is recovered has to move their place of residence and is compensated with residential land or resettlement housing, but the compensation for residential land is not sufficient compared to the value of a minimum resettlement quota, the State will support enough money to be allocated a minimum resettlement quota.
Thus, the conditions for people to be supported, according to him, are 4 factors: having residential land recovered; having to move residence; being compensated with residential land; the amount of land compensation is less than the minimum resettlement area value.
Currently, in your locality, the minimum resettlement area is 80 m2. In case the value of your land use right is less than the value of a minimum resettlement area, will you be supported by the State with the remaining amount according to the above regulations or not?
The Ministry of Agriculture and Environment answers this question as follows:
Regarding the level of financial support sufficient to be allocated a minimum resettlement quota, Clause 8, Article 111 of the 2024 Land Law stipulates:
Article 111. Arranging resettlement
...8. In case people with recovered residential land have to move their accommodation and are compensated with residential land or resettlement housing, but the compensation for residential land is not sufficient compared to the value of a minimum resettlement quota, the State will provide sufficient financial support to be allocated a minimum resettlement quota".
According to the above regulations, the subject who is supported by the State with enough money to be allocated a minimum resettlement quota is a person whose residential land is recovered but has to relocate and is compensated with land allocation or resettlement housing, but the compensation for residential land is not sufficient compared to the value of a minimum resettlement quota as prescribed in Clause 8, Article 111 of the 2024 Land Law.
Regarding the content of compensation for cases of completely recovering residential land, in point a, clause 2, Article 11 of Decree No. 88/2024/ND-CP (amended and supplemented in Decree No. 226/2025/ND-CP of the Government) stipulates that households and individuals when the State recovers residential land that meets the conditions for land compensation shall implement as follows:
a) In case of recovering all residential land or the remaining residential land area of the land plot after recovery is less than the minimum area according to the regulations of the Provincial People's Committee on the minimum area in Clause 2, Article 220 of the Land Law, if households or individuals no longer have residential land or other houses in the commune level area where the land is recovered, they will be compensated with residential land or resettlement houses;".
It is requested that he study the above regulations and contact the land management agency in the locality for specific guidance.
