Allowed To Change The Land Use Purpose From Agricultural Land To Residential Land For Resettlement

The Ministry of Natural Resources and Environment has just issued the Circular No. 37/2014/TT-BTNMT dated June 30, 2014 detailing compensation, support and resettlement upon land recovery by the State. Within that, the important content is the change of the land use purpose from agricultural land to residential land for resettlement in case the land parcel with a house is recovered and has an area of agricultural land not recognized as residential land, which is prescribed in Clause 5, Article 6 of Decree No. 47/2014/ND-CP.

Accordingly, in case the land parcel to be recovered has an area of agricultural land not recognized as residential land, change of the use purpose from agricultural land to residential land for resettlement may be effected only when the remaining area of the recovered land is eligible for parcel split under regulations of provincial-level People’s Committees of localities where the recovered land exists. In case the remaining area of the land parcel with a house is ineligible for parcel split under regulations of provincial-level People’s Committees of localities where the recovered land exists, a competent state agency shall decide on recovery or the land user may continue to use the remaining area under land use master plan and plans. Funds for compensation, support and resettlement for remaining

areas in land parcels with houses ineligible for parcel split upon land recovery by the State must be stated in plans on compensation, support and resettlement.

Also in accordance with this Circular, Cadres, civil servants and public employees (who are working or have retired due to old age or loss of working capacity or have been laid off with allowance), who are currently using agricultural land acquired from the transfer of agricultural land use rights in accordance with law, may receive land compensations but are not eligible for supports for stabilization of livelihood and production, training, occupation change and job seeking upon land recovery by the State. In case a household’s members are cadres, civil servants and public employees (who are working or have retired due to old age or loss of working capacity or have been laid off with allowance) and those who are not cadres, civil servants and public employees but currently use agricultural land for the agricultural production purpose, when the State recovers agricultural land of such household, its members who are not cadres, civil servants and public employees may receive support for stabilization of their livelihood and production, training, occupation change and job seeking.

This Circular takes effect on August 13, 2014.