Ms. Phuong was informed that if after the State reclaims the land, the remaining land area is below the minimum area, the people have the right to request the State to reclaim the remaining area.

Ms. Phuong asked, if the State reclaims the remaining 28 m2 of land, will it be calculated at the frontage land price or will it still be calculated at the alley land price?

The Department of Land Management, Ministry of Agriculture and Environment responded to this issue as follows:

Clause 7, Article 91 of the 2024 Land Law stipulates:

"When the State recovers land according to the provisions of Articles 78 and 79 of this Law, and the remaining area of the land plot after recovery is smaller than the minimum area prescribed by the Provincial People's Committee on the minimum area in Clause 2, Article 220 of this Law, if the land user agrees to recover the land, the People's Committee at the competent level shall decide to recover the land and carry out compensation, support, and management of this land area according to the provisions of law.

The compensation and support costs in the case of land recovery prescribed in this clause shall be included in the compensation, support, and resettlement costs of the investment project".

According to the provisions of Point e, Clause 1, Article 160, the specific land price shall be applied to calculate compensation when the State recovers land.

According to the provisions of Clause 3, Article 160, the competent land management agency is responsible for assisting the Chairman of the People's Committee at the same level in organizing the determination of specific land prices.

Since this is a specific case, without any accompanying records or documents, we suggest that you study the above regulations and contact the competent land management agency in the locality for specific instructions.