Mr. Vu Phat ( Lam Dong ) asked, so what regulations apply when supporting resettlement for the above case?
Mr. Phat also wants to know, is the house built on agricultural land (land for growing annual crops) considered land attached to the house? If the road project passes through an agricultural land plot with a house on it, will he be supported with resettlement land? If supported, will he have to pay for the land use fee for that resettlement land plot?
The Department of Land Management, Ministry of Agriculture and Environment responded to this issue as follows:
Article 95 of the 2024 Land Law and Article 5 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government on compensation, support and resettlement when the State acquires land stipulate the conditions for land compensation when the State acquires land for national defense and security purposes; socio-economic development for national and public interests.
Clause 5, Article 111 of the 2024 Land Law stipulates resettlement arrangements:
"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 place to live 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 hire-purchase."
At point l, clause 1, Article 157 of the 2024 Land Law stipulates:
"1. Exemption and reduction of land use fees and land rents are applied in the following cases:
l) Allocating residential land to households and individuals who, when the State recovers land attached to houses, must relocate but are not eligible for compensation for residential land and have no other place to live within the commune-level administrative unit where the land is recovered;".
Based on the above provisions, the conditions for consideration of land allocation with land use fees or sale, lease, or lease-purchase of housing for households and individuals when the State recovers land attached to housing and must relocate without meeting the conditions for compensation for residential land shall be implemented according to the provisions of Clause 5, Article 111 of the 2024 Land Law; exemption and reduction of land use fees shall be implemented according to Point l, Clause 1, Article 157 of the 2024 Land Law and Articles 17, 18, and 19 of Decree No. 103/2024/ND-CP dated July 30, 2024 of the Government regulating land use fees and land rents.
Since this is a specific case, there are no accompanying records or documents, we suggest that you study the above regulations and contact the local land management authority for specific instructions.
Government.vn
Source: https://baochinhphu.vn/co-duoc-mien-tien-su-dung-dat-tai-dinh-cu-102250710110313243.htm
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