Tue, Oct 28, 2025, 14:10:00
According to the reflection of Mr. Le Thanh Nhan (Dak Lak), at point a, clause 4, section IV, Part II attached to Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government stipulating the order and procedures for land recovery, compensation, and resettlement support, it is stipulated that:
"4. Investigation, survey, measurement, and inventory:
a) Units and organizations performing the tasks of compensation, support, and resettlement shall preside over and coordinate with the People's Committees of communes where the land is recovered, relevant agencies, and people whose land is recovered to conduct investigations, surveys, record the current status, measure, inventory, make statistics, and 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;".
At Point a, Clause 2, Article 17 of Decree No. 151/2025/ND-CP stipulates:
"2. The agency with the function of land management is responsible for performing state management of the contents prescribed in the decrees detailing the implementation of the Land Law as follows:
a) Preside over and coordinate with relevant agencies to appraise the compensation, support and resettlement plans prescribed in Clause 3, Article 3 of Decree No. 88/2024/ND-CP...".
Thus, there are no specific regulations on which agency is in charge of determining the land origin of households and individuals who win project clearance when the State reclaims land.
Mr. Nhan asked, so which agency is responsible for determining the land origin of households and individuals when the State reclaims land?
The Department of Land Management, Ministry of Agriculture and Environment responded to this issue as follows:
Clause 2, Article 86 of the Land Law (guided in Clause 2, Article 5 of Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government regulating the delimitation of authority of local authorities at two levels, decentralization and decentralization in the land sector) stipulates:
"2. Units and organizations performing the tasks of compensation, support and resettlement include one or more of the following units and organizations:
a) Land fund development organizations;
b) Other units and organizations with the function of performing the tasks of compensation, support and resettlement;
c) Compensation, support and resettlement council...".
At Point c, Clause 2, Article 87 of the Land Law stipulates:
"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 and 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;"
At Point a, Clause 4, Section IV, Part II, Appendix I of Decree No. 151/2025/ND-CP, it is stipulated that:
"a) The unit or organization performing the task of compensation, support and resettlement shall preside over and coordinate with the People's Committee of the commune where the land is recovered, relevant agencies and people whose land is recovered to conduct investigations, surveys, record the current status, measure, count, count, 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;".
Based on the provisions of law, the unit or organization performing the task of compensation, support and resettlement shall preside over and coordinate with the People's Committee of the commune where the land is recovered, relevant agencies and people whose land is recovered to determine the origin of the recovered land and assets attached to the recovered land.
According to the provisions of Clause 5, Article 21 of the 2024 Land Law, the People's Committee at the commune level is responsible for state management of land in the locality, so it is responsible for providing information on cadastral records related to land plots to units and organizations performing compensation, support and resettlement tasks to develop compensation, support and resettlement plans according to regulations.
We suggest that you study the above regulations and contact the competent land management agency in the locality for specific instructions.
