Decree No. 88/2024/ND-CP on Compensation, Support and Resettlement upon Land Recovery by the State

Legal basis, issuance and scope

Decree No. 88/2024/ND-CP was issued by the Government on 15 July 2024 in Hanoi, on the proposal of the Minister of Natural Resources and Environment. It is promulgated on the basis of the Law on Organization of the Government and the Land Law dated 18 January 2024 (as amended and supplemented by the Law dated 29 June 2024 amending the Land Law, Housing Law, Law on Real Estate Business and Law on Credit Institutions). The Decree provides detailed regulations on Articles 87, 92, 94, 95, 96, 98, 99, 100, 102, 106, 107, 108, 109 and 111 of the Land Law on compensation, support and resettlement.

Article 1 limits the scope to compensation, support and resettlement when the State recovers land. Article 2 applies the Decree to competent state agencies, land users and owners of assets attached to land whose land is recovered, and other related organizations and individuals.

Compensation principles and forms

The Decree details the preparation, tham dinh and approval of compensation, support and resettlement plans (Article 3) and the forms of compensation. Article 4 governs compensation by land with the same land-use purpose or by land with a different purpose, by house, or in cash, pursuant to Articles 96(1), 98(1) and 99 of the Land Law. Land price for calculation of compensation is the specific land price at the time of approval of the compensation plan.

Articles 5 to 13 specify compensation by land category. Article 5 lists other cases eligible for Land-related compensation under Article 95 of the Land Law, including households using agricultural land, land with mixed purposes, or land inconsistent with the land-use plan. Articles 6 to 13 regulate compensation for agricultural land, non-agricultural land, residential land, and non-agricultural land that is not residential land, with cross-references to Articles 95, 135, 137, 138, 139, 140, 141, 172, 176, 195, 196 and 220 of the Land Law, including handling of excess area, allocation of land with or without collection of Land use levy, and cases where no compensation is payable.

Compensation for assets, investment costs and damage

Articles 14 to 18 govern compensation for damage to houses, construction works, crops, livestock (including aquaculture animals) and other assets attached to land (Article 102 of the Land Law), including cases where assets must be relocated or demolished. Article 16 covers self-renovation costs, Article 17 covers remaining investment costs in land (Article 107 of the Land Law), and Article 18 covers damage due to restricted use of land after recovery under Article 106 and Article 220 of the Land Law.

Support and resettlement policies

Articles 19 to 23 set out support policies under Articles 108, 109 and 111 of the Land Law: support for stabilization of livelihood and production after land recovery (Articles 19 and 20), support for relocation of livestock, support for dismantling, moving and temporary housing (Article 21), support for training, career conversion and job search for individuals directly engaged in agricultural production or households currently using agricultural land allocated under Article 176 (Article 22), and resettlement support for cases required to relocate. Article 23 provides that persons eligible for resettlement who have demand for resettlement under Article 111 of the Land Law shall be considered for resettlement arrangement.

Resettlement arrangement, payment and transitional provisions

Article 24 provides for resettlement arrangement, including resettlement quotas and area norms, exemption or reduction of Land use levy for resettlement land, and funding for construction of resettlement areas. Article 25 governs payment of compensation, support and resettlement monies under Article 94 of the Land Law, including timing and procedures. Article 26 allows deferral (ghi no) of Land use levy when resettlement land is allocated to eligible persons under Article 111 of the Land Law, and Article 27 provides for funding to ensure organization of compensation, support and resettlement.

Effect and transition

According to the official publication, the Decree takes effect from 1 August 2024, concurrently with the Land Law 2024, and replaces Decree No. 47/2014/ND-CP and its amending decrees on compensation, support and resettlement. The excerpt supplied does not reproduce the final articles on effect and transitional handling, so detailed transitional provisions for plans already approved before that date should be checked against the full text.