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In 2019, Ms. Nguyen Thi Bacs family (Hanoi) was required to relocate 500 m away from the environmental impact zone (compared to the fence of the waste treatment complex). The family is eligible for compensation for housing and structures on the land but is not eligible for compensation for residential land (because Ms. Bac built a house on her brothers land); The family has not been allocated residential land by the state. At the time of the land recovery announcement, her family had no other residential land or housing in the commune. The family is economically difficult, single-headed, disabled due to disc herniation and socially disadvantaged. Ms. Bac asked, with the above conditions and circumstances, is her family entitled to the land and housing policies specified in Clause 2, Article 79 of the 2013 Land Law? The Department of Land Management, Ministry of Agriculture and Environment responded to this issue as follows: The 500 m environmental impact zone relocation project of the District Peoples Committee was previously implemented at the time of the 2013 Land Law and legal documents detailing the implementation of a number of articles of the 2013 Land Law took effect. At Point dd, Clause 1, Article 65, Clause 3, Article 87 and Clauses 1 and 2, Article 79 The 2013 Land Law stipulates: Article 65. Land recovery due to termination of land use according to law, voluntary return of land, at risk of threatening human life Support and resettlement for special cases... 3. For cases of recovery specified in Points dd and e, Clause 1, Article 65 of this Law, people whose land is recovered are compensated, supported, and resettled to stabilize their lives and production according to the Governments regulations associated with land use rights in Vietnam that are eligible for compensation as prescribed in Article 75 of this Law when the State recovers land, they will be compensated as follows: a) In case there is no other residential land or housing in the commune, ward or town where the land is recovered, compensation will be in the form of residential land or housing; in case there is no need for compensation in the form of residential land or housing, the State will compensate in money; b) In case there is any remaining residential land or housing in the commune, ward or town. Towns where land is recovered will be compensated in money. For localities with conditions for residential land, they will be considered for compensation in the form of residential land. 2. When the State recovers land attached to housing, they must relocate but are not eligible for residential land compensation. If there is no other housing, the State will sell, rent, lease-purchase housing or allocate residential land with land use fees. In Clause 1, Article 16 of Decree No. 47/2014/ND-CP dated May 15, 2014 of the Government regulating compensation, support, and resettlement when the State recovers land stipulates: Article 16. Compensation, support, and resettlement for cases of recovery of residential land in areas with environmental pollution that threaten human life; residential land at risk of landslides, subsidence, affected by other natural disasters that threaten human life 1. Compensation, support, and resettlement for cases of recovery of residential land of households and individuals in areas with environmental pollution that threaten human life; residential land that is at risk of landslides, subsidence, or other natural disasters that threaten human life specified in Clause 3, Article 87 of the Land Law are implemented in accordance with the provisions of Clause 1, Article 79 of the Land Law, Article 6 and Article 22 of the Decree. Since this is a specific case, there are no accompanying records or documents, we recommend that you study the above legal regulations and contact the local land management agency for consideration and resolution.Chinhphu.vnSee moreHow to determine the compensation value for works when recovering landSee moreLand in violation before 2014 can be considered for compensationSee alsoCompensation regulations when the State recovers leased landRefer to See moreCompensation policy when recovering land allocated without authority See moreIs alluvial land for stable use compensated when recovered? See moreCompensation and resettlement policy when recovering VAC land See moreDetermining the type of land and compensation subject when recovering land See moreAgricultural land without a Certificate, how to compensate?
