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

Mr. Sang’s question is a specific case because there is no attached file, so the Ministry of Natural Resources and Environment has no basis for a specific answer.

The provisions of the current land law on compensation for land when the State recovers residential land and arranges resettlement for people whose land is recovered shall comply with the following provisions:

At Point c, Clause 2, Article 83 of the Land Law:

"Article 83. Support when the State recovers land

2. Support payments when the State recovers land includes:

c) Support for resettlement in case residential land is recovered from households, individuals or overseas Vietnamese who have to relocate;".

In Clause 1, Article 79 of the Land Law, it is stated that:

"Article 79. Compensation for land when the State recovers residential land

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

a) In case there is no other residential land or house in the commune, ward or township where the recovered land is located, compensation shall be made with residential land or houses; if there is no demand for compensation in residential land or houses, the State shall compensate in cash;

b) In case there is still land or house in the commune, ward or township where the recovered land is located, compensation shall be made in cash. For localities with conditions on residential land funds, they shall be considered for compensation in residential land.

In Clause 1, Article 6 of Decree No. 47/2014/ND-CP dated May 15, 2014 of the Government providing for compensation, support and resettlement when the State recovers land:

"Article 6. Compensation for land when the State recovers residential land

The compensation for land when the State recovers residential land as prescribed in Article 79 of the Land Law shall comply with the following provisions:

1. Households and individuals that are currently using residential land, and overseas Vietnamese who are owning houses with land use rights in Vietnam when the State recovers residential land and have a certificate of land use rights or are eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets in accordance with the law on land, the compensation for land shall be made as follows: 

a) In case all residential land is recovered or the remaining residential land area after recovery is ineligible for living as prescribed by the People's Committee of the province but the household or individual no longer has any residential land or other houses in in communes, wards and townships where the recovered residential land is located, they shall be compensated with residential land or resettlement houses;

b) In case all residential land is recovered or the remaining residential land area after recovery is ineligible for living as prescribed by the People's Committee of the province, but the household or individual still has residential land or other houses in the area; Communes, wards and townships where the recovered residential land is located shall be compensated in cash. For localities with conditions on residential land funds, they shall be considered for compensation in residential land.

In Clause 1, Article 22 of Decree No. 47/2014/ND-CP stipulates:

"Article 22. Resettlement support for cases where residential land is recovered from households, individuals and overseas Vietnamese who have to relocate

Resettlement support in case the State recovers residential land from households, individuals or overseas Vietnamese who have to relocate as prescribed at Point c, Clause 2, Article 83 of the Land Law The belt is made as follows:

1. Households, individuals and overseas Vietnamese who receive residential land or house for resettlement and the amount of compensation for the land is less than the value of a minimum resettlement rate specified in Article 27 of this Decree, they will be supported with the difference between the minimum resettlement rate value and the amount of land compensation.

It is recommended that Mr. Sang study the above regulations and contact the local natural resources and environment agency for guidance, consideration and settlement in accordance with the law.