On December 25, 2003, Mr. Cong's family was granted a land use right certificate for the first time. On the land user's certificate, it is possible to show the area of the road corridor, from the center of the road to 10.5 m (the area shown in the diagram on page 3 of the Land Use Certificate) but not added to the used area stated on page 2 of the Certificate (this part of the road corridor has not been compensated and supported, so far there has been no notice of land acquisition, Mr. Cong's family still has the above works and structures that have been built before 1990 is still in stable use today).

Now, the state expands National Highway 17, with the area being recovered by the depth from the center of the road 10.5 m to build a road. However, according to the notice, his family was not compensated for this acquired area. According to the explanation, this is the land belonging to the traffic corridor (while adjacent households, along the same route, have houses that are issued with a Certificate at the same time, and have houses that are issued with the following Certificate, they are not excluded from the corridor, is still added to the Certificate and compensated normally).

Mr. Cong asked, his land has been used stably before 1945 until now, will he be compensated for the land area and assets and structures on the recovered land?

The Ministry of Natural Resources and Environment responded to this issue as follows:

Mr. Cong's question is a specific case because there is no attached file, so the Ministry of Natural Resources and Environment has no basis for a specific answer.

The current land law provisions on compensation when the State recovers residential land is as follows:

In Clause 1, Article 74 of the Land Law 2013, the principle of compensation for land when the State recovers land: "1. Land users when the State recovers land, if they satisfy the conditions for compensation specified in Article 75 of this Law shall be compensated.

Article 75 of the 2013 Land Law provides for the conditions for compensation for land when the State recovers land for national defense and security purposes; socio-economic development for national and public interests.

Article 94 of the 2013 Land Law provides for compensation for damage to land within the safety corridor when building works with safety corridors: “When the State constructs public, defense and security works with safety corridors but does not recover land within the safety corridors, land users shall be compensated for damage caused by limited land use capacity, damage to land-attached assets in accordance with the Government's regulations".

In Article 10 of Decree No. 47/2014/ND-CP, detailing the compensation for damage due to limited land use capacity, damage to land-attached assets in the safety corridor when building works which have a security corridor.

It is suggested that Mr. Cong study the above provisions of the law and contact the natural resources and environment agency of Bac Giang province for consideration and settlement in accordance with the law.