The Ministry of Agriculture and Environment received a petition from voters in Hanoi sent by the National Assembly's Committee for Petition and Supervision on the transfer of voters' petitions sent after the 9th Session of the 15th National Assembly with the content: Proposal to consider and completely resolve difficulties in the work of allocating service land and continue to implement the allocation of service land to people according to the approved plan in Ha Dong district (old).
Regarding this proposal, the Ministry of Agriculture and Environment reported to the National Assembly Delegation of Hanoi City as follows: Regarding the content of difficulties in the allocation of service land in Hanoi, on August 1, 2025, the Ministry of Agriculture and Environment issued Official Letter No. 5026/BNNMT-QLDD to the Hanoi People's Committee on resolving difficulties and problems in the implementation of the allocation of service land to households and individuals whose agricultural land was recovered to implement projects in Hanoi City, specifically:
The policy of supporting the allocation of residential land and service land to households and individuals whose agricultural land is recovered is stipulated in the period of the 2003 Land Law coming into effect (Point 1, Clause 4, Article 4 of Decree No. 17/2006/ND-CP dated January 17, 2006, Article 48 of Decree No. 84/2007/ND-CP dated May 25, 2007, Article 22 of Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government).
The work of allocating service land to people whose agricultural land is recovered to stabilize the lives and production of Hanoi city has been taking place for a long time (from 1993 to present) in many communes and the compensation and support mechanisms and policies have also changed from time to time, in each area (before the merger of administrative boundaries into Hanoi city) applying different mechanisms and policies for allocating service land issued by localities. Currently, Hanoi City still has problems with supporting the allocation of residential land and service land to people whose agricultural land is recovered in communes (formerly in districts: Ha Dong, Quoc Oai, Thanh Oai, Thanh Tri, Hoai Duc) Hanoi City, the Ministry of Agriculture and Environment has the following opinion:
- The Hanoi People's Committee directs the review and classification of cases of problems in land allocation for service in each district and town in each specific period, determining the time of land recovery and approving the compensation, support and resettlement plan for each group of subjects to apply the policies and laws at that period, as a basis for resolving support for land allocation for service to people whose land is recovered.
- In case there is a decision to reclaim land and a decision approving the compensation, support and resettlement plan according to the provisions of the law on land before August 1, 2024 but has not been implemented, continue to implement the approved compensation, support and resettlement plan.
- In cases where there is a decision to reclaim land according to the provisions of the law on land before August 1, 2024 but there is no decision approving the compensation, support and resettlement plan, compensation, support and resettlement shall continue to be carried out according to the provisions of the 2024 Land Law (Clause 1, Article 254 of the 2024 Land Law); accordingly, Clause 2, Article 91, Clause 1, Article 96 of the 2024 Land Law, Article 4 of Decree No. 88/2024/ND-CP stipulates compensation in land other than the purpose of the reclaimed land when reclaiming agricultural land of households and individuals.
- The decision on other support measures to ensure housing, stabilize life and production for people whose land is recovered is under the authority of the Hanoi People's Committee as prescribed in Clause 2, Article 108 of the 2024 Land Law (formerly Article 25 of Decree No. 47/2014/ND-CP, Article 22 of Decree No. 69/2009/NDCP, Article 32 of Decree No. 197/2004/ND-CP).
Currently, Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the division of authority of local authorities at 02 levels, decentralization of authority, decentralization in the land sector (effective from July 1, 2025) stipulates the decision on other measures and support levels in Clause 2, Article 108 of the Land Law implemented by the People's Committee at the commune level (Clause 1, Article 10); the decision on land allocation and lease without auctioning land use rights, without bidding to select investors to implement projects using land as prescribed in Point p, Clause 3, Article 124 of the Land Law is implemented by the Provincial People's Committee (Clause 4, Article 7).
