Ho Chi Minh City Farmers Whose Agricultural Land is Recovered are Compensated for Residential Land
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Compensation in the form of land conversion ratio
Specifically, Ho Chi Minh City has regulated compensation in the form of land with a different purpose of use compared to the type of land recovered in the following cases: agricultural land recovery with compensation in the form of residential land, housing, or non-agricultural land that is not for residential purposes; recovery of non-agricultural land that is not for residential use and compensation in the form of residential land, housing; residential land recovery with compensation in the form of non-agricultural land that is not for residential use or housing.
Regarding the regulations on land exchange, the area of residential land, housing, or non-agricultural land for exchange is calculated based on the area of recovered land and the conversion ratio. In cases where the land user has multiple types of land eligible for compensation in the form of land with a different purpose of use or housing, the area of residential land, housing, or non-agricultural land for exchange shall be determined based on the total area of corresponding residential land, housing, or non-agricultural land for each type of recovered land.
The conversion ratio is determined as follows: Land price for compensation calculation at the recovery location divided by the land price for land use fee or land rental calculation, or housing price at the exchange location multiplied by 100%.
The land price for land use fee or land rental calculation at the exchange location shall be determined in accordance with Clause 1, Article 4 of Decree No. 88/2024/ND-CP. The housing price at the exchange location shall be the approved price of the apartment in the resettlement project.
The People’s Committee of Thu Duc City and the People’s Committees of the districts shall base on the above formula to calculate the conversion ratio. Land users shall be allocated the area of residential land, housing, or non-agricultural land equivalent to the area of residential land, housing, or non-agricultural land for exchange according to the prescribed standards.
In cases where the allocated area is larger than the area of residential land, housing, or non-agricultural land for exchange according to the standards, the household or individual must make a one-time payment for the difference in area.
Guaranteeing a minimum resettlement allowance
According to Decision No. 68/2024/QD-UBND, in cases where individuals with recovered residential land need to relocate and are compensated with residential land or housing but the compensation amount for the residential land is insufficient compared to the value of a minimum resettlement allowance, they shall be supported by the State with a sufficient amount to receive a minimum resettlement allowance.
Specifically, the minimum resettlement allowance is defined as either land, housing, or money, depending on the choice of the person being resettled. If the minimum resettlement allowance is defined as land, the area of resettlement land shall be equal to the minimum area allowed for subdivision in the locality where the resettlement is located. If the minimum resettlement allowance is defined as housing, the area of the resettlement housing shall be 30 square meters.
In cases where the minimum resettlement allowance is calculated in terms of money, the amount shall be equivalent to the value of a minimum resettlement allowance in the form of land or housing in the locality where the resettlement is located. If the people have a need for self-relocation, besides being compensated for the land in cash, they shall also receive a support amount for self-relocation equivalent to 5% of the compensation and support amount for residential land.
Support for temporary accommodation expenses; Reward of VND 15 million for relocation before the deadline
The People’s Committee of Ho Chi Minh City has regulated that in cases where residential land is recovered and the household is resettled on-site, support shall be provided for temporary accommodation expenses. The level of support depends on the area and the number of family members.
The highest level of support is for households in Area 1 – including districts 1, 3, 4, 5, 6, 7, 8, 10, 11, 12, Go Vap, Binh Thanh, Phu Nhuan, Tan Binh, Tan Phu, Binh Tan, and Thu Duc City, which will receive VND 8 million/household/month for households with up to 4 members and VND 2 million/person/month for households with 5 members or more, but not exceeding VND 24 million/household/month.
Households whose houses and land are completely recovered will be rewarded with VND 15 million if they relocate before the deadline. Organizations with workshops or office buildings subject to recovery will receive a reward of VND 10,000/m2, with a maximum of VND 200 million and a minimum of VND 15 million.
Decision No. 68/2024/QD-UBND takes effect from September 25, 2024, replacing Decision No. 28/2018 and Decision No. 07/2020 of the City People’s Committee.
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