Regulations on resettlement arrangement when the State reclaims land according to the 2024 Land Law

Article 111 of the 2024 Land Law stipulates resettlement arrangements when the State reclaims land as follows:

1. The unit or organization performing the task of compensation, support and resettlement assigned by the Provincial People's Committee or District People's Committee to arrange resettlement must notify the people whose residential land is recovered and the house owners who are required to relocate of the proposed resettlement arrangement plan and publicly post it for at least 15 days at the headquarters of the Commune People's Committee, the common living place of the residential area where the land is recovered and at the resettlement site where people already live before the competent authority approves the resettlement arrangement plan.

The notice content includes location, scale of land fund, resettlement housing fund, design, area of ​​each land plot, apartment, land price, resettlement housing price; expected resettlement arrangement for people whose land is recovered.

2. The resettlement plan approved by the competent authority must be publicly announced at the headquarters of the People's Committee at the commune level, at the common living place of the residential area where the land is recovered and at the resettlement site.

3. The land price for calculating land use fees at the resettlement site for people who are compensated for residential land, or people who are allocated residential land for resettlement in cases where they are not eligible for compensation for residential land, is the land price determined according to the land price list at the time of approval of the compensation, support and resettlement plan. In cases where there is no land price in the land price list, the land price list must be supplemented as a basis for calculating land use fees for people arranged for resettlement. People arranged for resettlement are recorded as having financial obligations for land if they meet the conditions prescribed by the Government.

The selling price of resettlement housing in the district level is decided by the People's Committee of the district level. In case of resettlement housing arrangement in another district level administrative unit, the selling price of resettlement housing is decided by the People's Committee of the province level.

4. 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 they meet the conditions for compensation for residential land according to the provisions of Article 95 of this Law, shall be compensated by allocation of residential land or houses in resettlement areas or other suitable locations.

In case a household has many generations or many couples living together on a plot of residential land that is recovered, if they meet the conditions to separate into separate households according to the provisions of the law on residence, or there are many households sharing the right to use a plot of residential land that is recovered but the compensated residential land area is not enough to allocate to each household separately, they will be considered for support to allocate residential land with land use fees or to sell, lease, or lease-purchase housing for households in need.

5. Households and individuals whose land attached to their houses is recovered by the State and must move their residence without being eligible for compensation for residential land, if they have no other residence in the commune or town in a rural area or in a provincial town or city or in a district, town or city under a centrally-run city where the land is recovered, will be allocated residential land by the State with land use fees collected or the house will be sold, leased or leased for purchase.

6. Households and individuals whose agricultural land or non-residential non-agricultural land is recovered, if they meet the conditions for land compensation as prescribed in Article 95 of this Law and need compensation in the form of residential land or housing and the locality has conditions for residential land and housing funds, shall be compensated by allocation of residential land or resettlement housing.

7. People whose residential land is recovered to implement an investment project to build an urban area shall be compensated with residential land and housing on the spot; while waiting for resettlement, they shall be arranged to live in temporary housing or receive housing rental support; the specific time and level of support shall be determined by the Provincial People's Committee in accordance with local realities. In case of land recovery for other purposes, they shall be compensated with residential land and housing on the spot if there is a resettlement land fund or housing fund in the land recovery area. Priority shall be given to locations convenient for households and individuals using residential land in combination with business services, and people whose land is recovered are people with meritorious services to the revolution. There is a regular mechanism for people whose land is recovered and who hand over the site before the deadline according to regulations of the Provincial People's Committee.

8. In case a person whose residential land is recovered must relocate and is compensated by land or resettlement housing, but the compensation for residential land is not enough compared to the value of a minimum resettlement quota, the State will support enough money to be allocated a minimum resettlement quota.

9. In case of implementing investment projects to renovate and rebuild apartment buildings, apartment building owners shall be compensated, supported and resettled in accordance with the provisions of the law on housing.

10. The provincial People's Committee shall, based on the land fund, resettlement housing and the actual situation in the locality, specify in detail the minimum resettlement quota prescribed in Clause 8 of this Article; decide on support for allocating residential land with land use fees or selling, leasing, or leasing-purchasing houses to households in need as prescribed in Clause 4 of this Article.

11. In case a person using a State-owned house within the land acquisition area has to demolish the house, he/she will be supported according to Government regulations.