The People's Committee of the ward where the land is located has issued a document to recover and confirm that Ms. Duong is an agricultural producer, and sent a document to the People's Committee of the ward where she is a permanent resident for confirmation. However, the People's Committee of the ward where Ms. Duong is a permanent resident replied that it cannot confirm because there is no basis.

Currently, Ms. Duong's main source of income is from agricultural production, staying at home as a housewife and paying voluntary social insurance.

Ms. Duong asked, what should she do so that the People's Committee of the ward where she is a permanent resident confirms that she does not fall into the 4 cases stated in Article 22 of Decree No. 88/2024/ND-CP?

The Ministry of Agriculture and Environment responds to this issue as follows:

Clause 6, Article 3 and Clause 1, Article 109 of the 2024 Land Law stipulate:

"Article 3. Interpretation of terms

… 6. Individuals directly engaged in agricultural production are individuals who have been allocated land, leased land, or recognized the right to use agricultural land by the State; received the transfer of the right to use agricultural land and have income from agricultural production on that land according to the Government's regulations.

… Article 109. Support for training, career conversion and job search for households and individuals when the State reclaims land

1. Support in cash not exceeding 05 times the price of agricultural land of the same type in the local land price list for the entire area of recovered agricultural land but not exceeding the limit for agricultural land allocation in the locality as prescribed in Article 176 of this Law for the following subjects:

a) Households and individuals directly engaged in agricultural production who are currently using agricultural land allocated by the State, transferred, inherited, donated, recognized land use rights when the State reclaims land without land for compensation and has been compensated in cash...".

According to Article 22 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government regulating compensation, support and resettlement when the State:

"Article 22. Support for training, career conversion and job search for households and individuals when the State recovers land

1. Individuals directly engaged in agricultural production who are supported for training, career conversion and job search as prescribed in Point a, Clause 1, Article 109 of the Land Law are individuals who are using agricultural land and at the time of approval of the compensation, support and resettlement plan have income from agricultural production on that land and do not fall into the following cases:

a) Cadres, civil servants, public employees, active officers, professional soldiers, defense civil servants, defense workers and employees, officers, non-commissioned officers, police workers, people doing secret work and people doing other work in secret organizations receiving salaries from the budget State;

b) Pensioners;

c) People who have lost their ability to work or quit their jobs and are entitled to monthly social insurance benefits;

d) Employees with indefinite-term labor contracts.

2. Households directly engaged in agricultural production that are supported in training, career conversion and job search as prescribed in Point a, Clause 1, Article 109 of the Land Law are households using agricultural land with at least one member having income from agricultural production on that land (including members arising after the time of using agricultural land) at the time of approval of the compensation, support and resettlement plan and are not in the cases prescribed in Points a, b, c and d, Clause 1 of this Article.

We suggest that Ms. Duong should refer to the above regulations and contact the competent land management agency in the locality for specific instructions.