📋 Tender Overview
The land of Mr. Nguyen Quoc Huy (Hai Phong) is subject to recovery, the origin of the land is due to self-encroachment since 1990. According to regulations, land must conform to 1 of 5 planning to be eligible for a Certificate and eligible for compensation. However, Mr. Huys land is being used stably and it will not be planned until 2014 to clear the site, so it will not be consistent with the current planning. Mr. Huy asked, is the time to apply the planning compatibility clause the current time or just the 1990 time that is not contrary to the planning? And in your case, will your family be compensated for land and assets on land? The Department of Land Management, Ministry of Agriculture and Environment answered this issue as follows: The content of your question is a specific case because there are no accompanying records and documents related to the origin of land use, what land is encroached or occupied, what type of land and assets attached to the land are recovered, so the Department of Land Management does not have enough basis to answer specifically. Therefore, the Department of Land Management would like to provide a number of relevant legal regulations for you to study as follows: Article 139 of the Land Law 2024 stipulates the resolution of cases where households and individuals using land violate the land law before July 1, 2014. Article 25 of Decree No. 101/2024/ND-CP dated July 29, 2024 of the Government also has specifically stipulated the issuance of Certificates of land use rights and ownership of assets attached to land for households and individuals using land specified in Clauses 1 and 3, Article 139 of the Land Law. In Clause 2, Article 5, Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulating compensation, support, and resettlement when the State recovers land, other cases have been stipulated. compensation for land and conditions for compensation for land specified in Clause 3, Article 95 of the Land Law are as follows: Households and individuals that are using land in violation of the law on land before July 1, 2014 but have used the land stably, fall into the cases considered for issuance of Land Use Rights Certificates according to the provisions of Clause 1, Points a and c, Clause 2, Clause 3, Clause 4, Article 139 of the Law. Land. We recommend that you, based on the above legal regulations, check the origin, land use process and relevant records and documents to contact the local land management agency for specific instructions. Chinhphu.vn See moreHow to determine land type when preparing compensation plans See moreBasis for determining households and individuals receiving land compensation See moreBasis for determining land type when applying compensation price See moreRegulations on compensation for houses and structures on recovered land. See moreConditions for compensation when land is recovered. See moreConditions for receiving compensation for land. See more. Can you get compensation for land when living with your parents? See moreWhen is compensation for land considered?
