Regulations on support for training, career conversion and job search when the State reclaims land

Reply:

Article 109 of the 2024 Land Law stipulates support for training, career conversion and job search for households and individuals when the State reclaims land, as follows:

1. Cash support not exceeding 05 times the price of agricultural land of the same type in the local land price list for the entire area of ​​recovered agricultural land but not exceeding the local agricultural land allocation limit as prescribed in Article 176 of this Law for the following subjects:

a) Households and individuals directly engaged in agricultural production are using agricultural land allocated by the State, transferred, inherited, donated, or recognized for land use rights when the State reclaims land and there is no land for compensation and has been compensated in cash;

b) Individuals who are social protection beneficiaries, beneficiaries of monthly social allowances according to the provisions of law, war invalids, sick soldiers, and families of martyrs when the State reclaims agricultural land without land for compensation and has been compensated in cash;

c) Households and individuals using land assigned for agricultural, forestry and aquaculture purposes from state-owned farms or forestry companies converted from state-owned farms or forestry companies that are directly engaged in agricultural production and have a stable source of income from agricultural production on that land, except for individuals who are cadres, workers and employees of state-owned farms or forestry companies that are retired, have lost their ability to work, or have quit their jobs and are entitled to receive allowances;

d) Households and individuals currently using land assigned by agricultural production corporations or agricultural cooperatives are directly engaged in agricultural production and have a stable source of income from agricultural production on that land.

2. People who are supported according to the provisions of Clause 1 of this Article shall also be supported in the form of training, career conversion and job search according to the provisions of Clause 4 of this Article.

3. Households and individuals using residential land combined with business services and having a stable source of income from business services, when the State reclaims land and they have to relocate, are entitled to preferential credit loans to develop production and business and receive support according to the provisions of Clause 4 of this Article.

4. The organization of support in the form of training, career conversion and job search for people whose recovered land is agricultural land, residential land combined with business services is regulated as follows:

a) The Ministry of Labor, War Invalids and Social Affairs shall preside over and coordinate with relevant ministries and branches to submit to the Prime Minister for decision the mechanism and policies for job creation and vocational training for people whose land is recovered as prescribed in Clauses 2 and 3 of this Article;

b) The People's Committee at the provincial level shall, based on the mechanism and policies on employment and vocational training decided by the Prime Minister and actual conditions in the locality, prescribe specific support levels suitable for each supported subject specified in Clause 2 and Clause 3 of this Article; direct the People's Committee at the district level to implement the provisions at Point c of this Clause;

c) Based on the annual land use plan at the district level, the People's Committee at the district level is responsible for developing and organizing the implementation of training, job conversion and job search plans in the locality. The training, job conversion and job search plan is developed and approved at the same time as the compensation, support and resettlement plan.

In the process of making plans for training, career conversion and job search, the People's Committee at the district level must organize to collect opinions and is responsible for receiving and explaining the opinions of people whose land is recovered.

5. The specific support level in Clause 1 of this Article shall be determined by the Provincial People's Committee based on actual local conditions.

6. The Government shall detail this Article.