According to the Nghe An Department of Agriculture and the Environment, in many cases of land allocation for resettlement, or land allocation without a land-use fee collection, there is no specific price at the time of implementation. This leads to project delays. 

The department has asked to provide guidance for flexible and timely handling.

The Ministry of Agriculture and the Environment (MAE) stated that under Clause 3, Article 111 of the 2024 Land Law, if land price lists do not specify prices for relevant land types or location, provincial People’s Committees are responsible for fixing specific land prices to serve as a basis for cases like resettlement land allocation or granting land without usage fees.

However, in reality, the lack of specific guidance in some cases causes confusion and delays.

The ministry acknowledged local feedback and will consider it while developing and refining guiding documents for the 2024 Land Law to address issues and accelerate project implementation.

Determining prices

A representative from Son La’s Department of Agriculture and the Environment asked how to develop land price lists for areas with digital cadastral maps but with no land price database. 

The department has also sought guidance on the development of land price tables, including the establishment of comparative ratio tables to determine land prices for each plot, based on the standard land value area. 

How should land prices be determined when a plot of land includes both residential and agricultural land?

MAE responded that under Clause 2, Article 159 of the Land Law, land price lists are developed based on areas and locations. Only areas with digital cadastral maps and a land price database can develop price lists based on standard plot values. 

Therefore, if there is no database on land prices, the land price table for each plot of land will not be created based on the value area and standard plot of land, but according to areas and locations.

Regarding guidance on creating comparison ratio tables, the ministry is drafting a circular to provide detailed instructions on standard plot value zones.

Asked how to define land prices for plots with both residential and agricultural land, the ministry said that if localities are building a land price list according to the current method, Article 8 of Decree 71 has specific regulations on factors affecting land prices.

In reality, many plots of land are mixed land—for example, plots of land that have both residential land and land for perennial crops. In this case, localities can consider mixed land factor to set prices. They can determine different prices for the land plot with purely residential plot and a plot with both residential land and agricultural land (such as land for perennial crops).

Clause h, Article 8 of Decree 71 allows localities to decide other factors affecting land prices. Thus, the “mixed-use land” factor can be used to adjust prices to suit local realities when determining prices for individual plots.

Compensation, support for resettlement

Regarding compensation for site clearance or support for resettlement, MAE addressed three main concerns:

First, issues in the transitional period of land acquisition and compensation plan approval. In many cases, compensation and support for resettlement plans were approved before July 1, 2025, but land acquisition decisions were not issued. 

Per Clause a, Clause 3, Article 22 of the 2024 Land Law and guidance in Article 87, commune-level People’s Committees will be the agency to issue land acquisition decisions if plans were approved before the law’s effective date. 

If administrative boundaries change, the agency managing the area will proceed with remaining steps, as stipulated in Clauses 1 and 5, Article 22, ensuring project progress is not disrupted.

Second, problems arise in land recovery when there is no new land use planning. Some localities such as Dong Nai have questioned the application of the basis for land recovery in the transitional period when there is no new land use plan after the change of government model.

MAE affirmed that during the period when there is no new commune-level land use plan, localities can continue to apply the old district-level annual land use plan as the basis for land recovery.

Third, implementing compensation, support, and resettlement tasks. MAE recommended that localities act flexibly. Localities can consider establishing temporary compensation and resettlement councils to proceed if they still cannot meet the conditions for setting up separate public service units.

Hong Khanh