If a household member still owns land after it is confiscated, will the household still be granted resettlement?
My family, spanning two generations, has lived on a plot of land with a land use certificate (red book) designating it as residential land, registered under the name of a household. Now, this land is being reclaimed for road construction. Currently, my parents own a plot of land in the commune, but my wife and I no longer own any residential land or house. Therefore, is our family eligible for resettlement? This is a question from Mr. Nguyen Van T. (Yen Xuan commune, Nghe An province).
Reply:The conditions for households whose residential land is confiscated to be compensated with residential land or resettlement housing are stipulated in Clause 4, Article 11 of Decree 88/2024/ND-CP, specifically as follows:
Article 11. Compensation for land when the State recovers residential land as stipulated in Article 98 of the Land Law.
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2. Households, individuals, and people of Vietnamese origin residing abroad who are using residential land and owning houses attached to land use rights in Vietnam, when the State reclaims residential land and they meet the conditions for land compensation, shall proceed as follows:
a) In cases where all residential land is reclaimed, or the remaining residential land area of the plot after reclamation is less than the minimum area stipulated by the Provincial People's Committee in Clause 2, Article 220 of the Land Law, and the household or individual no longer owns any other residential land or housing in the commune where the land is reclaimed, they shall be compensated with residential land or resettlement housing;
b) In cases where all residential land is reclaimed, or the remaining residential land area of the plot after reclamation is less than the minimum area stipulated by the Provincial People's Committee in Clause 2, Article 220 of the Land Law, and the household or individual still owns other residential land or housing in the commune where the land is reclaimed, they shall be compensated with money, residential land, housing, or other land if the locality has available land or housing resources.
Therefore, in accordance with the above regulations, if Mr. T.'s household is using residential land and the State reclaims that land, and his household is eligible for land compensation, then if after the land is reclaimed, his household no longer owns any other residential land or housing in the commune where the land was reclaimed, they will be compensated with residential land or resettlement housing, regardless of whether any members of the household (i.e., Mr. T.'s parents) still own residential land in the commune.
