Clause 1, Article 79 of the Land Law 2013 stipulates compensation for land when State acquires residential land:

Households and individuals using residential land and overseas Vietnam owning houses associated with land use rights in Vietnam, who are eligible for compensation as prescribed in Article 75 of the Law when State recovers land shall be compensated as follows:

If they have no other residential land or houses in the communes, wards or townships, in which the recovered land is located, they shall be compensated with residential land or house. If they have no need for compensation with residential land or house, the State shall compensate them in amount;

If they have other residential land or houses in the communes, wards or townships in which the recovered land is located, they shall be compensated in amount. For localities with available land fund, the compensation in the form of residential land may be considered.

According to the information you provided, the current house is left by the grandparents, the time to buy a house in 1971 was granted a land use right certificate. In case there is no other residential land or house in the commune, ward or township where the land is recovered, compensation shall be made by residential land or house; in case there is no demand for compensation by residential land or house, the State shall compensate in cash.

Households and individuals, when the State recovers land attached to houses, must relocate their houses without being eligible for compensation for residential land. If there is no other place of residence, the State shall sell, lease or lease of houses or allocation of residential land with collection of land use fees.

Clause 2, Article 30 of the Decree No. 47/2014 dated May 15, 2014 regulating compensation, support and resettlement when the State acquires land, regulating the payment of compensation, support and resettlement as follows :

In case compensation in the form of allocation of new land, inhabited land or houses in the resettlement area results in any difference in value, such difference shall be paid in amount  as follows:

In case amount of compensation for land is more than value of inhabited land, houses in the resettlement area, persons subject to resettlement shall receive such difference.

In case amount of compensation for land is less than value of inhabited land, houses in the resettlement area, persons subject to resettlement shall pay such difference except otherwise as regulated in Clause 1, Article 22 hereof.

In case the area subject to expropriation is in dispute over land use right, compensation and support for such area shall be transferred to State Treasuries pending competent authorities’ to decide and paid back to its real user after the case is concluded.

According to the above provisions and the decision of effective land acquisition as well as the plan of compensation, support and resettlement approved by the competent state agencies, you follow the rules. This is about the arrangement of resettlement.

In case the compensation for land is smaller than the cost of residential land, housing or resettlement housing (ie the house, the resettlement land is bigger than the old house or land), the person to be resettled must pay the difference.; If the house and resettlement land are smaller than the old house or land, the resettled people will be entitled to the difference from the compensation for old residential land and houses.

Lawyer, Master Pham Thanh Binh

The Bao Ngoc Law Company, Hanoi.