According to Mr. Duat's reflection, during the statistical process of agricultural land of households within the project's site clearance area, there was a situation where households planted trees that were not suitable for the purpose of land use. Is the land use right certificate granted? For example: land for rice cultivation without water source is changed to corn, potato, cassava...; land for annual crops will be changed to cinnamon trees, fruit trees...

So, can the plants grown on the land that are not suitable for the allocated land use be counted as compensation?

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

In Clause 1, Article 57 of the Land Law, it is stated:

  "1. Cases of change of land use purpose that must be permitted by a competent state agency include:

a) Change the land for rice cultivation to land for growing perennial crops, land for afforestation, land for aquaculture, land for salt production;

b) Converting land for planting other annual crops to land for saltwater aquaculture, salt production, aquaculture land in the form of ponds, lakes or lagoons;

c) Transfer of special-use forest land, protection forest land, production forest land to use for other purposes in the group of agricultural land;

d) Converting agricultural land to non-agricultural land;

đ) Converting non-agricultural land allocated by the State without land use levy to non-agricultural land allocated by the State with collection of land use levy or leased land;

e) Converting non-agricultural land which is not residential land to residential land;

g) Transfer of land for construction of non-business works, land used for public purposes for business purposes, land for non-agricultural production and business that is not commercial or service land to commercial or service land; transfer of commercial and service land, land for construction of non-business works to land of non-agricultural production establishments".

In Clause 1, Article 88 of the Land Law, the principle of compensation for property damage is stipulated:

"1. When the State recovers land and the owner of lawful property attached to the land suffers property damage, he/she shall be compensated."

The content of your question is a specific case, because there is no record, the Ministry does not have a specific answer. It is suggested that Mr Duat should study the above provisions of the law and contact the local natural resources and environment agency for consideration and settlement in accordance with the law.