The Government issued Decree No. 226/2025/ND-CP amending and supplementing a number of articles of the Decrees detailing the implementation of the Land Law on August 15.
Article 2 of this Decree stipulates amending and supplementing a number of articles of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government regulating compensation, support, and resettlement when the State reclaims land. Some notable points are as follows:
Add Article 7a after Article 7 as follows:
Handling cases where there has been a decision to reclaim land to implement a project but there are changes in planning, boundary markers, and route direction.
During the construction period when a decision has been issued to reclaim land according to the provisions of the Land Law for a land plot or part of the land plot area but there are changes in planning, boundary markers, and route direction, so only a part of the reclaimed land area should be used to build a project, works and a safety protection corridor for the project or work, then the Chairman of the People's Committee at the commune level decides to adjust the land recovery decision, decide to approve the compensation, support, and resettlement plan to suit the actual situation according to the proposal of the investor or the land user.
Add Article 14a after Article 14 as follows:
Compensation for crops and livestock.
In case compensation for perennial crops that are harvested multiple times as prescribed in Clause 2, Article 103 of the Land Law and the unharvested garden output cannot be determined corresponding to the remaining years in the harvest cycle, the compensation level will be calculated by the actual damage value of the garden.
In case the Provincial People's Committee considers issuing a unit price for compensation for crop and livestock damage as prescribed in Clause 6, Article 103 of the Land Law without a crop and livestock production process issued by a competent authority, it shall be based on the actual situation of the locality to issue.
Add Point d to Clause 1, Article 19 as follows:
The number of people in the household supported in this clause is those who share land use rights at the time of approving the compensation, support and resettlement plan and the number of household members arising after the time of allocating agricultural land to that household (if any); the determination of the number of people with shared land use rights is agreed upon by the members of the household and is responsible before the law.
Add Clause 5 to Article 22 as follows:
Households and individuals directly engaged in agricultural production are supported with training, job conversion and job search as prescribed in Point a, Clause 1, Article 109 of the Land Law, including those who are eligible for a Certificate of land use rights and ownership of assets attached to land.
Add Clauses 5 and 6 to Article 24 as follows:
Households and individuals whose land attached to a house is recovered by the State must move their residence without being eligible for compensation for residential land. If there is no other residence in the commune-level area where the land is recovered, the State will allocate residential land with land use fees or sell, rent, or lease-purchase of houses.
Resettlement locations are selected in the following priority order:
In the commune-level administrative unit where the land is recovered.
In other commune-level administrative units with equivalent conditions, in the case of commune-level administrative units where land is recovered, there is no land for resettlement.
Priority is given to selecting land with a favorable location to form a resettlement area.
Amend and supplement Clause 2 and Clause 7, Article 27 as follows:
The competent authority approving the compensation, support and resettlement plan decides to approve the cost of ensuring the organization of compensation, support, resettlement, compulsory counting, and compulsory land recovery.
