The conditions for being considered for land allocation for resettlement

Wed, 19 Jul 2023 22:37:00  |  Print  |  Email   Share:

Mr. Pham Tuan Dung (from Hai Phong) asked about the conditions for being considered for land allocation for resettlement when the state reclaims land. He inquired whether a land user whose undeveloped residential land is subject to reclamation would be eligible for land allocation for resettlement.

The Ministry of Natural Resources and Environment provided the following response:

According to Point a, Clause 1, Article 79 of the Land Law, which governs land compensation when the state reclaims land:

"1. Households, individuals, and Vietnamese residing overseas who are currently using residential land or owning houses attached to the land in Vietnam and meet the conditions for compensation stipulated in Article 75 of this Law are entitled to the following compensation when the state reclaims land:

a) In cases where there is no other residential land or house in the commune, ward, or township where the reclaimed land is located, the compensation shall be given with residential land or a house. In cases where there is no demand for residential land or a house as compensation, the state shall compensate with money."

Similarly, in Point a, Clause 1, Article 6 of Decree No. 47/2014/ND-CP dated May 15, 2014, issued by the Government, which regulates compensation, support, and resettlement when the state reclaims land, it is stipulated:

"1. Households, individuals, and Vietnamese residing overseas who are currently using residential land or owning houses attached to the land in Vietnam and have a Certificate of Land Use Right or meet the conditions to be granted a Certificate of Land Use Right, house ownership, and other assets attached to the land according to land laws, shall be compensated as follows when the state reclaims land:

a) In cases where all residential land is reclaimed or the remaining area of residential land after reclamation is insufficient for residence according to the provisions of the provincial People's Committee, and there is no other residential land or house in the commune, ward, or township where the reclaimed land is located, the compensation shall be given with residential land or a house for resettlement."

According to the regulations stated in Article 86 of the Land Law 2013 and Point a, Clause 1, Article 6 of Decree No. 47/2014/ND-CP, compensation for resettlement can only be implemented when the land user has all of their residential land reclaimed or the remaining area of residential land after reclamation is insufficient for residence according to the provisions of the provincial People's Committee, and there is no other residential land or house available in the commune, ward, or township where the reclaimed land is located.

Mr. Dung is advised to contact the local authorities responsible for natural resources and environment to seek guidance and have his case reviewed according to the provisions of the law.

 

By: Chinhphu.vn (Government News)./Translator: LeAnh-Bizic

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