Regulations on compensation when building houses on recovered agricultural land

Ms. B owns a plot of land for perennial crops and has been granted a Certificate of Land Use Rights (red book) since 2005. In 2010, this area was announced by a competent State agency for residential area planning. However, in 2014, Ms. B still proceeded to build a solid house on this plot of land and her family has lived stably ever since.

In August 2026, the State issued a decision to recover land to implement an infrastructure project. According to the expected plan of the Land Clearance Compensation Board, Ms. B is considered for compensation for conversion to residential land but must deduct land use fees, pay registration fees and comply with the decision to sanction administrative violations for using land for the wrong purpose.

In fact, the area of the house that Ms. B has built is up to 350 m2, while the limit for residential land allocation/recognition of residential land in the locality is only 200 m2.

The question is: Is the surplus 150 m2 building area (exceeding the local residential land limit of 200 m2) compensated for assets attached to land when the State recovers it? What regulations are applied to calculate compensation for the entire 350 m2 house of Ms. B?

The Reader Counseling Department of Lao Dong Newspaper answers:

Legal basis for property compensation when land is recovered according to information that the Department of Land Administration (Ministry of Agriculture and Environment) has guided based on the current legal system:

Article 95 of the 2024 Land Law and Article 5 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government (amended and supplemented in Article 11 of Decree No. 49/2026/ND-CP) have clearly stipulated the conditions for land compensation when the State recovers agricultural land for national defense and security purposes; socio-economic development for national and public interests.

Compensation for assets attached to land

Regarding housing assets, Articles 102, 105 of the 2024 Land Law and Article 14 of Decree No. 88/2024/ND-CP (amended and supplemented in Article 11 of Decree No. 49/2026/ND-CP) detail compensation for damages to houses, houses, and construction works attached to land when land is recovered.These articles of law also clearly state cases where land-attached assets are not compensated.

Guidance on resolving dossiers

Because the reflected content is a hypothetical situation, there are no accompanying legal documents and materials to compare with reality.

Therefore, to accurately determine how the house built on agricultural land exceeding the limit is handled, readers are requested to study the above-mentioned legal regulations and contact the state land management agency in the locality directly for guidance and clarification of the compensation plan.

See the original here.