📋 Tender Overview
The real estate of Mr. and Mrs. Hoang Thi Hoai Thu (HCMC) has an area of 58 m2, and was granted a Certificate of land use rights and house ownership in 2011. This real estate area is located in the site clearance area for the canal renovation project. Compensation and resettlement policy when recovering land VAC Land use fees for people with meritorious services when receiving land for resettlement. Is land transfer for resettlement exempted from history? Land use process? Process of land allocation and land lease to implement resettlement projects. Households with many generations, how to arrange resettlement? The remaining area after clearance is 26.9 m2. Ms. Thus brothers family has no other house or land in the same ward. Ms. Thu asked, is her brothers family eligible to be granted resettlement land without having to hand over the remaining area (26.9 m2) to the state? The Ministry of Agriculture and Environment answered this issue as follows: At Point a, Clause 2, Article 95 of the 2024 Land Law stipulates conditions for land compensation when the State recovers land for national purposes. room, security; Socio-economic development for national and public benefits: Have a Certificate of land use rights and ownership of assets attached to land. Clause 4, Article 111 of the Land Law 2024 stipulates: Households, individuals with residential land, people of Vietnamese origin residing abroad, economic organizations using residential land, owning houses attached to land use rights in Vietnam when the State recovers land, if eligible for compensation. Regarding residential land as prescribed in Article 95 of this Law, they will be compensated by the allocation of residential land or houses in resettlement areas or at other suitable locations. In Clause 2, Article 11 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government regulating compensation, support, and resettlement when the State recovers land, it is stipulated: 2. Households, individuals, and people of Vietnamese origin residing abroad are Using residential land, owning a house attached to land use rights in Vietnam, when the State recovers residential land eligible for land compensation, it will be done as follows: a) In case all residential land is recovered or the remaining residential land area of the land plot after recovery is smaller than the minimum area according to the regulations of the Provincial Peoples Committee on minimum area in Clause 2, Article 220 of the Land Law and the household or individual has no other residential land or house in the locality. Communes, wards and towns where land is recovered will be compensated with residential land or resettlement houses; b) In case all residential land is recovered or the remaining residential land area of the land plot after recovery is smaller than the minimum area according to the regulations of the Provincial Peoples Committee on minimum area in Clause 2, Article 220 of the Land Law, if households and individuals still have residential land or other houses in the commune, ward or town where the land is recovered, they will be compensated. in money or in residential land or in housing or in other land if the locality has conditions for land funds or housing funds. Since this is a specific case, we recommend that you study the above regulations and contact the local land management agency for specific instructions. Chinhphu.vn
