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

Procedures for implementing compensation and support

Clause 2, 3, 4 and 5 of Article 87 of the 2024 Land Law stipulates:

"Article 87. Procedures for compensation, support, resettlement, land recovery for national defense and security purposes; socio-economic development for national and public interests

… 2. The implementation of land recovery plans, investigation, survey, measurement, and inventory is regulated as follows:

a) The People's Committee at the competent level to recover land issues a notice of land recovery;

b) The People's Committee at the commune level where the land is recovered sends a notice of land recovery to each person whose land is recovered, the owner of the property attached to the land, the person with related rights and obligations (if any), and at the same time posts the notice of land recovery and the list of people whose land is recovered in the management area at the headquarters of the People's Committee. The People's Committee at the commune level and the common living place of the residential area where the land is recovered during the compensation, support and resettlement period.

In case of failure to contact or send the land recovery notice to the person whose land is recovered, the owner of the property attached to the land, the person with related rights and obligations (if any), the notice shall be published in one of the central and provincial daily newspapers for 3 consecutive issues and broadcast on the central and provincial radio or television 3 times in 3 consecutive days; posted at the headquarters of the People's Committee at the commune level, the common living place of the residential area where the land is recovered, posted on the electronic information portal of the People's Committee at the district level during the compensation, support and resettlement period without having to send the land recovery notice again;

c) The People's Committee of the commune where the land is recovered shall coordinate with the units and organizations performing the tasks of compensation, support and resettlement, relevant agencies and people whose land is recovered to conduct investigations, surveys, record the current status, measure, count, make statistics, classify the area of recovered land and assets attached to the recovered land; determine the origin of the recovered land and assets attached to the recovered land;

d) The People's Committee of the commune where the land is recovered shall coordinate with the units and organizations performing the tasks of compensation, support and resettlement to investigate, determine and make full statistics of actual damages regarding land use rights and assets attached to the recovered land; determine people with related rights and obligations; income from the use of land, assets attached to the recovered land, resettlement aspirations, and job conversion;

d) In case the person whose land is recovered does not cooperate in the investigation, survey, measurement and inventory, the People's Committee at the commune level shall preside over and coordinate with the Vietnam Fatherland Front Committee at the commune level where the land is recovered and the unit or organization performing the task of compensation, support and resettlement to mobilize and persuade to create consensus in implementation.

Mobilization and persuasion shall be conducted within 15 days and must be demonstrated in writing. After 10 days from the end of mobilization and persuasion, if the person whose land is recovered still does not cooperate in the investigation, survey, measurement and inventory, the Chairman of the People's Committee at the district level shall issue a decision on compulsory inventory. The person whose land is recovered shall be responsible for implementing the decision on compulsory inventory. If they do not comply, the Chairman of the People's Committee at the district level shall issue a decision on compulsory enforcement of the decision on compulsory inventory and organize the enforcement in accordance with the provisions of Article 88 of this Law.

3. The preparation, appraisal and approval of compensation, support and resettlement plans are regulated as follows:

a) Units and organizations performing the tasks of compensation, support and resettlement are responsible for preparing compensation, support and resettlement plans and coordinating with the People's Committee of the commune where the land is recovered to publicly post the compensation, support and resettlement plan at the headquarters of the People's Committee of the commune, the common living place of the residential area where the land is recovered within 30 days. Immediately after the expiration of the public posting period, the organization shall collect opinions on the compensation, support and resettlement plan in the form of organizing direct meetings with people in the area where the land is recovered. In case the person whose land is recovered or the property owner does not attend the direct meeting for a legitimate reason, he/she shall send his/her opinions in writing.

The organization of the consultation must be recorded in minutes, clearly stating the number of opinions in agreement, the number of opinions in disagreement, the number of other opinions regarding the compensation, support and resettlement plan; receiving and explaining comments; with confirmation from the representative of the People's Committee at the commune level, the representative of the people whose land is recovered.

Within 60 days from the date of organizing the consultation, the unit or organization performing the task of compensation, support and resettlement is responsible for coordinating with the People's Committee at the commune level where the land is recovered to organize a dialogue in case there are still opinions in disagreement with the compensation, support and resettlement plan; the unit or organization performing the task of compensation, support and resettlement receives and explains comments on the draft compensation, support and resettlement plan; completes the plan and submits it to the competent authority;

b) The compensation, support and resettlement plan must be appraised before being submitted to the People's Committee of the competent level to decide on land recovery;

c) The People's Committee of the competent level to recover land shall decide to approve the compensation, support and resettlement plan.

4. The unit or organization performing the task of compensation, support and resettlement has the following responsibilities:

a) Coordinate with the People's Committee at the commune level to disseminate and publicly post the decision approving the compensation, support and resettlement plan at the headquarters of the People's Committee at the commune level and at the common living place of the residential area where the land is recovered;

b) Send the compensation, support and resettlement plan approved by the competent authority to each person whose land is recovered, the owner of the property attached to the land, and the person with related rights and obligations, clearly stating the level of compensation, support, arrangement of resettlement houses or land (if any), time and place of payment of compensation and support; time of arrangement of resettlement houses or land (if any) and time of handover of recovered land to the unit or organization performing the task of compensation, support and resettlement;

c) Implement compensation, support, and resettlement arrangements according to the compensation, support, and resettlement plan approved by the competent authority.

5. The People's Committee at the competent level to recover land shall issue a decision to recover land within 10 days from the date of:

a) Approving the compensation, support, and resettlement plan for cases where resettlement arrangements are not required;

b) People whose land is recovered are resettled on the spot and agree to receive compensation for temporary residence costs;

c) People whose land is recovered have been allocated land by the competent authority, and have land handed over in the field to build resettlement housing themselves;

d) People whose land is recovered have been handed over resettlement housing by the competent state agency;

dd) People whose land is recovered have been handed over residential land attached to resettlement housing by the competent state agency;

e) People whose land is recovered agree and have received compensation to arrange their own accommodation;

g) People whose land is recovered voluntarily hand over the land to the State and have been arranged temporary residence or paid temporary residence expenses".

Basis for support for training, career conversion and job search

Article 22 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government on compensation, support and resettlement when the State recovers land stipulates:

"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 officials, officers, non-commissioned officers, police workers, people working in the key sector and other workers in the key sector organizations receiving salaries from the state budget;

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 not falling under the cases prescribed in Points a, b, c and d, Clause 1 of this Article.

3. The level of support for training, career conversion and job search prescribed in Article 109 of the Land Law is determined by the Provincial People's Committee based on the actual situation in the locality but 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 local agricultural land allocation limit prescribed in Article 176 of the Land Law.

4. For households and individuals using land under land allocation contracts, households and individuals receiving land allocation contracts to use land for new planting, garden care, and harvesting, and are eligible for support in training, career conversion, and job search as prescribed in Point c and Point d, Clause 1, Article 109 of the Land Law, there must be a contract for allocation."

Based on the above provisions, the unit or organization performing the task of compensation, support, and resettlement is responsible for basing on legal provisions and collected information to identify individuals directly engaged in agricultural production and submit to the People's Committee at the district level for approval.