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QUESTION
Hello lawyers and all members of the group. I would like to present the case as follows. In 2010, my family saved a small amount of money, bought a piece of agricultural land in a town and built a house to live and work on that land, no land in any other area. Before moving to my current place, my household registration was in a neighboring commune and after moving in, I still kept the old household registration book. Before that, in 2009 in that area, a planning project was announced, but only in 2010 when measuring the land and architectural crops (after the time my family built the house), all of them were attached to the family's land. my family. Then the planning company they suspended the project until 2015, then continued to measure the architectural and crop crops, and then paid the compensation in 2017. But they did not support me with the resettlement foundation, they concluded that "the house was built in 2010 (after the planning) and there is still land in the town, so it is not considered and supported for resettlement allowance". I agree to build the house after the planning announcement, but the land in the area is not true. All my family moved here to live, only this place remained. They told my family to move and hand over the site to them for construction, but if they did not provide a resettlement foundation, where would my family live? I have sent many applications to the District People's Committee, then the Department of Natural Resources and Environment came down to survey but then got no response. I went to the Compensation and Resettlement Support Committee to ask, they pointed to the town's People's Committee, then answered wait from the top down. After that, I went to the Compensation and Resettlement Department to ask, but only through the Department of Natural Resources and Environment. The party said that newcomers must handle it, so they should wait. It has been 4 years and still has not been resolved, now my house is seriously degraded, rainy nights come and I am afraid to sleep. As for the Company, they have come to my family a few times. The first time was in 2018 when they came to say that if they didn't go, they would be coerced, my family refused to go but no one came to force me. The next time in 2019 they came to say that if they agree to move out of the land for them to clear the ground, they will support the accommodation fee for 1 year, while waiting for the resettlement background, but my family still disagree. Recently, they have come to say that they will support a small amount of money (can only buy land of unknown origin outside, can't stay stable for a long time) to buy land to build a house. They said that instead of waiting for the government to consider it for a long time, now just receive support for buying land to build a house and wait for the government to consider it later. In the immediate future, they will be relocated for construction. So, when I move and have a new place to live, will my family still be considered and supported for resettlement? I'm not good at writing, so the text is long and messy, I hope everyone can forgive me and help me. Thank you very much. This article I posted on the account "Hong Duy" the day before, but before I received help, my account was locked. We wish the help of everyone. Thank you.

ANSWER:
Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:
Regarding your question, based on the information you have provided, because your family's acquired land is agricultural land, according to point c, clause 2, Article 83 of the 2013 Land Law, the resettlement As the state allocates land to land users when the state recovers residential land from land users, the agricultural land that is recovered by the State will not be supported for housing and resettlement. Moreover, in Clause 2, Article 86 of the 2013 Land Law, it is stipulated that: Persons with recovered land may be arranged to resettle on the spot if there is a resettlement project in the land acquisition area or there are conditions to arrange resettlement. reside. Priority is given to a convenient location for those whose land is recovered early to hand over the ground, and the person whose land is recovered is a person with meritorious services to the revolution. Thus, resettlement will only be carried out when the State recovers residential land and only settles in place if the conditions in Article 86 of the Land Law above are satisfied. Regarding the compensation and support when recovering agricultural land, because you did not specify which compensation and support your family received. However, in case the family is too difficult, they can ask the Commune People's Committee to consider the following supports: agricultural landbut according to point c, clause 2, Article 83 of the 2013 Land Law, the resettlement is the state allocating land to the land user when the state recovers the residential land of the land user, so the agricultural land that you are State withdrawal will not be assisted with resettlement accommodation. Moreover, in Clause 2, Article 86 of the 2013 Land Law, it is stipulated that: Persons with recovered land may be arranged to resettle on the spot if there is a resettlement project in the land acquisition area or there are conditions to arrange resettlement. reside. Priority is given to a convenient location for those whose land is recovered early to hand over the ground, and the person whose land is recovered is a person with meritorious services to the revolution. Thus, resettlement will only be carried out when the State recovers residential land and only settles in place if the conditions in Article 86 of the Land Law above are satisfied. Regarding the compensation and support when recovering agricultural land, because you did not specify which compensation and support your family received. However, in case the family is too difficult, they can ask the Commune People's Committee to consider the following supports: landscape of the land user, the agricultural land that you have recovered by the State will not be supported for housing and resettlement. Moreover, in Clause 2, Article 86 of the 2013 Land Law, it is stipulated that: Persons with recovered land may be arranged to resettle on the spot if there is a resettlement project in the land acquisition area or there are conditions to arrange resettlement. reside. Priority is given to a convenient location for those whose land is recovered early to hand over the ground, and the person whose land is recovered is a person with meritorious services to the revolution. Thus, resettlement will only be carried out when the State recovers residential land and only settles in place if the conditions in Article 86 of the Land Law above are satisfied. Regarding the compensation and support when recovering agricultural land, because you did not specify which compensation and support your family received. However, in case the family is too difficult, they can ask the Commune People's Committee to consider the following supports:

• Support stable life and production.
• Support vocational training and job search

– According to Clause 2, Article 86 of the 2013 Land Law:
Persons whose land is recovered may be arranged for on-site resettlement if there is a resettlement project in the land recovery area or there are conditions for arranging resettlement. Priority is given to a convenient location for those whose land is recovered early to hand over the ground, and the person whose land is recovered is a person with meritorious services to the revolution.
Phương án bố trí tái định cư đã được phê duyệt phải được công bố công khai tại trụ sở Ủy ban nhân dân cấp xã, địa điểm sinh hoạt chung của khu dân cư nơi có đất thu hồi và tại nơi tái định cư.

– According to Article 77 of the Land Law 2013 Compensation for land, remaining investment costs in land when the State recovers agricultural land from households and individuals:
Households and individuals that are using agricultural land when the State recovers the land shall be compensated for the remaining land and expenses for investment in land according to the following provisions:
a) The agricultural land area to be compensated includes the area within the limits prescribed in Articles 129 and 130 of this Law and the land area inherited;
b) For the agricultural land area exceeding the limit specified in Article 129 of this Law, compensation for land shall not be paid but compensation for the remaining land investment costs;
c) For the agricultural land area due to the receipt of land use right transfer in excess of the quota before the effective date of this Law, the compensation and support shall comply with the Government's regulations.
For agricultural land that has been used before July 1, 2004 where the land user is a household or individual directly engaged in agricultural production but does not have a Certificate or is ineligible for a Certificate. land use rights and ownership of houses and other land-attached assets according to the provisions of this Law shall be compensated for the actual land area in use, the compensated area does not exceed the allocation quota. agricultural land specified in Article 129 of this Law.

According to Article 83 of the 2013 Land Law stipulating on Support when the State recovers land:
According to Article 83 of the 2013 Land Law stipulating on Support when the State recovers land:
a) Land users when the State recovers land, in addition to receiving compensation according to the provisions of this Law, shall also be considered and supported by the State;
The supports when the State recovers land includes:
The supports when the State recovers land includes:
a) Support to stabilize life and production;
b) Support for training, job change and job search for cases where agricultural land is recovered from households and individuals directly engaged in agricultural production; recover residential land in combination with business and service activities of households and individuals that have to relocate;
c) Support for resettlement in case residential land is recovered from households, individuals or overseas Vietnamese who have to relocate.
d) Other support.
The Government shall detail this Article.

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