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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
197/2004/ND-CP
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Hanoi,
December 3, 2004
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DECREE
ON COMPENSATION, SUPPORT AND RESETTLEMENT WHEN LAND IS
RECOVERED BY THE STATE
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Land Law;
At the proposal of the Finance Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation
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2. For projects using official
development assistance (ODA), if the compensation, support and resettlement
requests of the donors are different from the provisions of this Decree, before
concluding international agreements, the agencies managing the investment
projects must report such to the Prime Minister for consideration and decision.
Where the international
agreements which Vietnam has signed or acceded to contain provisions different
from those of this Decree, the provisions of such international agreements
shall apply.
3. Cases not falling within the
scope of application of this Decree:
a/ Population communities build
or embellish works in service of the communities’ public interests with capital
contributed by the people or supported by the State;
b/ Where land recovered by the
State does not fall within the scope defined in Clause 1 of this Article.
Article 2.-
Subjects of application
1. Domestic organizations,
population communities, religious establishments, households and individuals,
overseas Vietnamese, foreign organizations and individuals that are using land
which is recovered by the State (hereinafter collectively referred to as
persons who have land recovered).
2. Persons who have land
recovered and suffer from damage of property attached to the recovered land
shall receive land, property compensation, supports as well as be
arranged with resettlement according to the provisions of this Decree.
3. The State encourages persons
having land, property situated within the land areas to be recovered for use
for the purposes defined in Clause 1, Article 1 of this Decree to voluntarily
donate or present part or whole of their land, property to the State.
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1. The State shall organize the
compensation, support, resettlement and ground clearance:
a/ For organizations which are
assigned land by the State without land use levy collection,
compensation, support and resettlement money and funds for organizing the
compensation, support and resettlement according to the provisions of this
Decree shall be included in the projects’ investment capital;
b/ Organizations and individuals
that are assigned land by the State with land use levy collection or are leased
land by the State shall have to pay in advance compensation, support,
resettlement money and funds for organizing the compensation, support and
resettlement according to the provisions of this Decree and have such money and
funds subtracted from the payable land use levies or land rents;
c/ Foreign organizations and
individuals, overseas Vietnamese investing in Vietnam shall not have to pay
compensation, support, resettlement money; where they have paid such money,
they shall have the paid money amounts subtracted from the payable land use
levies or land rents.
2. Compensation, support and
resettlement expenses shall be determined as a separate item in the projects’
total investment capital.
Article 4.-
Resettlement
When land users who have land
recovered by the State under the provisions of this Decree must be relocated,
they shall be resettled in one of the following forms:
1. Compensation with dwelling
houses.
2. Compensation with new
residential land.
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Article 5.-
Compensation, supports
Compensation, supports for land
users who have land recovered by the State under the provisions of this Decree
are prescribed as follows:
1. Compensation or supports for
the whole land area recovered by the State.
2. Compensation or supports for
the existing property attached to land and for expenses invested in the land
recovered by the State.
3. Supports for relocation,
supports for life stabilization, supports for job change training and
other supports for persons who have land recovered.
4. Supports for stabilization of
production and life in the resettlement areas.
Chapter II
COMPENSATION FOR LAND
Article 6.-
Compensation principles
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2. Persons who have land
recovered shall be compensated with new land having the same use purpose; if
there is no land for compensation, they shall receive compensation equal
to the land use right value at the time of issuance of the recovery decisions;
in case of compensation with new land or houses, if there is any difference in
value, such difference shall be paid in cash.
3. Where land users who have
land recovered by the State receive compensation while they have not yet
fulfilled their land-related financial obligations towards the State according
to law provisions, the money amounts for fulfilling such financial obligations
shall be subtracted from the compensation, support money for payment to the
State budget.
Article 7.-
Cases where land is recovered without compensation
1. Land users fail to meet all
conditions prescribed in Article 8 of this Decree.
2. Organizations which are assigned
land by the State without land use levy collection or with land use levy
collection but have paid levies which originate from the State budget; which
are leased land by the State and have paid annual land rents; and which have
been transferred the land use rights and have paid therefor money originating
from the State budget.
3. The recovered land falls into
one of the cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12,
Article 38 of the 2003 Land Law.
For the recovered land
prescribed in this Clause, the disposal of land use levies, land rents and
property built on such land shall comply with the provisions of Clause 3 of
Article 34, and Article 35 of the Government’s Decree No. 181/2004/ND-CP of
October 29, 2004 on the implementation of the Land Law.
4. Agricultural land used by the
population communities.
5. Agricultural land used by
communes, wards or townships for public purposes.
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Article 8.-
Conditions for compensation for land
Persons who have land recovered
by the State shall receive compensation if they meet one of the following conditions:
1. Having the land use right
certificates according to the provisions of land legislation.
2. Having the land assignment
decisions of competent State bodies according to the provisions of land
legislation.
3. Households, individuals that
are using land in a stable manner, have certifications of the People’s
Committees of communes, wards or townships (hereinafter collectively referred
to as commune-level People’s Committees) that such land is dispute-free, and
have one of the following papers:
a/ Land use right papers issued
before October 15, 1993 by competent agencies in the process of implementing
the land policies of the State of the Democratic Republic of Vietnam, the
Provisional Revolutionary Government of the Republic of South Vietnam, and the
State of the Socialist Republic of Vietnam;
b/ Provisional land use right
certificates issued by competent State bodies or named in the land registries
or cadastral registries;
c/ Lawful papers on the
inheritance, donation of the land use rights or property attached to land;
papers on the hand-over of gratitude houses attached to land;
d/ Papers on the transfer of
land use rights, purchase and sale of dwelling houses attached to residential
land, made before October 15, 1993, with the certifications of the
commune-level People’s Committees that the land was used before October 15,
1993;
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f/ Papers issued by competent
bodies of the former regimes to land users.
4. Households, individuals that
are using land and have one of the papers stated in Clause 3 of this Article
which bear the names of other persons and are enclosed with the land use right
transfer papers signed by the involved parties, but have not yet completed the
land use right transfer procedures by the time of issuance of the land recovery
decisions, and now have certifications of the commune-level People’s Committees
that such land is dispute-free.
5. Households, individuals that
are using land, have local permanent residence registrations and are directly
engaged in agricultural production, forestry, aquaculture or salt making in
mountainous areas or islands with difficult socio-economic conditions, and now
have certifications of the commune-level People’s Committees of the places
where the land exists that they are using land in a dispute-free and stable
manner.
6. Households, individuals that
are using land without the papers prescribed in Clauses 1, 2 and 3 of this
Article but has used such land stably since before October 15, 1993 and now
have certifications of the commune-level People’s Committees that such land is
dispute-free.
7. Households, individuals that
are allowed to use land under the executed judgments or decisions of people’s
courts, judgment execution decisions of judgment-executing agencies or land
dispute settlement decisions of competent State bodies.
8. Households, individuals that
use land without the papers prescribed in Clauses 1, 2 and 3 of this Article
but have used such land from October 15, 1993 to the time of issuance of the
land recovery decisions during which they have not violated any plannings; have
not encroached upon the corridors for protection of works publicly announced
and demarcated by competent authorities; which is not illegally encroached
land, and have certifications of the commune-level People’s Committees of the
places where exists the to be-recovered land that such land is dispute-free.
9. Households, individuals that
are using land which was covered under the State’s management decisions in the
process of implementing the State’s land policies but has, in fact, not yet
been managed by the State and has been used by such households or individuals.
10. Population communities that
are using land on which exist works being communal houses, temples, pagodas,
shrines, ancestral worshiping halls or family line worshiping temples and have
certifications of the commune-level People’s Committees of the places where
exists the to be-recovered land that such land is used commonly for the
communities and dispute-free.
11. Organizations using land in
the following cases:
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b/ Land has been transferred
from lawful land users but the money paid therefor does not originate from the
State budget;
c/ Land being used has a lawful
origin from households or individuals.
Article 9.-
Land prices for compensation calculation and remaining expenses invested in
land
1. Land prices for compensation
calculation are land prices set for the purpose for which the land in question
is being used at the time of issuance of land recovery decisions and publicized
by the provincial-level People’s Committees in accordance with the Government’s
regulations; compensation shall not be made according to the price of land set
for the new purpose to be shifted to.
2. Cases of delayed compensation
are prescribed as follows:
a/ If delays in compensation are
caused by agencies or organizations responsible for compensation and the land
prices at the time of compensation publicized by the provincial-level People’s
Committees are higher than those at the time of issuance of the recovery decisions,
compensation shall be made at the land prices at the time of payment of
compensation money; if the land prices at the time of compensation are lower
than those at the time of issuance of the recovery decisions, compensation
shall be made at the land prices at the time of issuance of the recovery
decisions;
b/ For delays in compensation
caused by persons who have land recovered, if the land prices at the time of
compensation are lower than those at the time of issuance of the recovery
decisions, compensation shall be made at the land prices at the time of
compensation; if the land prices at the time of compensation are higher than
those at the time of issuance of the recovery decisions, compensation shall be
made at the land prices at the time of issuance of the recovery decisions.
3. Remaining expenses invested
in land mean expenses actually invested by land users in their land for use for
the permitted use purposes, including: remaining prepaid land rents; expenses
for ground fill-up and some other directly related expenses with grounds
evidencing that they have been invested in land, which, by the time of recovery
of land by the State, have not yet been recovered.
Article
10.- Compensation, supports for agricultural land of households,
individuals
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2. For agricultural land lying
intermixedly with residential areas, and garden and pond land lying adjacent to
residential areas, apart from compensation at the price of agricultural land
having the same use purpose, monetary supports are also provided; the prices
for calculation of supports shall be equal to between 20% and 50% of the prices
of adjacent residential land; the specific support levels shall be decided by
the provincial-level People’s Committees to suit the local realities.
3. Where compensation is made in
the form of assignment of new land priced lower than the price of the recovered
land, apart from being assigned new land, persons who have land recovered shall
also receive monetary compensation equal to the difference value; where
compensation is made in the form of assignment of new land priced higher than
the price of the recovered land, compensation shall be equal to the land use
right value of the recovered land.
4. For households, individuals
using agricultural land in excess of the prescribed limit, when their land is
recovered, compensation shall be made as follows:
a/ Where the land areas in
excess of the prescribed limit are those inherited, donated or transferred from
other persons, are reclaimed under the plannings approved by competent State
bodies, compensation shall be paid therefor;
b/ For land areas in excess of
the prescribed limit, which do not fall into the cases prescribed at Point a of
this Clause, compensation shall only be paid for remaining expenses invested in
land, but not for such land areas.
5. For households, individuals
currently using land assigned by State-owned agricultural or forestry farms on
a contractual basis for use for agricultural, forestry, aquaculture purposes
(excluding land under special-use forests and protective forests), if their
land is recovered by the State, they shall receive compensation only for
remaining expenses invested in land, but not for the land, and supports according
to the following provisions:
a/ Supports for households,
individuals that receive land on a contractual basis and are public employees
or workers of State-owned agricultural or forestry farms, who are working or
have retired, have stopped working for loss of working capacity or have quit
their jobs and enjoyed allowances and are directly engaged in agricultural
production or forestry; households, individuals that receive land on a
contractual basis and are directly engaged in agricultural production as their
major source of livelihood.
The highest level of monetary
support shall be equal to the price of land to be compensated, calculated on
the basis of the actually recovered land area which shall, however, not exceed
the local agricultural land assignment limits; the provincial-level People’s
Committees shall decide on the specific support levels to suit the local
realities.
b/ Where households, individuals
receive land on a contractual basis but are other than the subjects specified
at Point a of this Clause, they shall only receive compensation for remaining
expenses invested in land.
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6. For households, individuals
that use agricultural land to be recovered by the State but do not meet the
conditions for compensation prescribed in Article 8 of this Decree, if they are
directly engaged in agricultural production as their main source of livelihood,
the People’s Committees of competent levels shall consider and assign them new
land, as suitable to the local conditions.
7. Where the recovered land is
agricultural land belonging to the public land fund of a commune, ward or
township, compensation shall not be paid for such land but the renters of such
land shall receive compensation for remaining expenses invested in land.
Article
11.- Compensation for non-agricultural land (excluding residential land) of
households, individuals
1. For land which is used as
ground for building non-agricultural production and business establishments of
households or individuals and originates from residential land already assigned
for use in a stable and permanent manner or meets all conditions for being
granted the land use right certificates, compensation shall be paid at
the residential land price when such land recovered by the State.
2. Households and individuals
using non-agricultural land for a definite term, which they have been
transferred, inherited, donated, or assigned by the State with land use levy
collection shall receive compensation at the non-agricultural land price; where
they use land leased by the State or commune-level People’s Committees
according to their competence, they shall receive compensation for remaining
expenses invested in land when such land is recovered by the State.
Article
12.- Compensation for agricultural, non-agricultural land of organizations
1. For organizations that are
using agricultural and/or non-agricultural land which has been assigned by the
State, and have paid land use levies therefor, or which has been transferred
from lawful land users while the paid land use levies therefor or money paid
for the land use right transfer do not originate from the State budget, they
shall receive compensation when such land is recovered by the State
2. For organizations that are
using land leased or assigned by the State and do not have to pay land use
levies or have paid land use levies which originate from the State budget, they
shall not receive compensation for such land when it is recovered by the State
but shall receive compensation for remaining expenses invested in land if such
expenses do not originate from the State budget.
3. Establishments of religious
organizations that are using land in a stable manner, which has been assigned
by the State without land use levy collection or has been leased by the State,
shall receive compensation for remaining expenses invested in land but not for
such land.
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1. If users of residential land
must be relocated when their land is recovered by the State, they shall receive
compensation with new residential land, dwelling houses in resettlement areas
or monetary compensation if they so request, as suitable to the local
realities.
2. The new residential land area
compensated for persons who have land recovered shall not exceed the local
residential land assignment limits; where the recovered residential land area
is larger than the residential land assignment limit, the provincial-level
People’s Committees shall base themselves on the local land funds and the
numbers of members of the households whose land is recovered to consider and
decide to assign additional residential land to the persons who have land
recovered provided that the total compensated land area must not exceed the
recovered land area.
Article
14.- Handling of some specific cases of residential land
1. After their residential land
is recovered by the State, if users still have some remaining residential land
area, which is smaller than the residential land assignment limit prescribed by
the localities, competent State bodies must guide them to use such remaining
land area according to the detailed urban construction planning and the rural
population spot planning; if the persons who have land recovered request the
State to recover also the remaining land area, competent State bodies shall
recover such land for use according to the detailed urban construction planning
and the rural population spot planning.
2. When their residential land
is recovered by the State, if users are not entitled to compensation with land
and have no other residences, the competent People’s Committees shall consider
and allow them to purchase or lease dwelling houses or assign new residential
land to them; the persons who are leased houses or purchase houses must pay
money for house purchase or house rents, pay land use levies according to
regulations.
Article
15.- Compensation for residential land for land use right co-users
1. For organizations, households
or individuals that are using common land and have the rights to co-use such
land, if their land is recovered by the State, they shall each receive
compensations based on the land areas under their respective use rights; if
there are no papers determining land areas under the exclusive use rights of
any organizations, households or individuals, common compensation shall be paid
to the land use right co-users.
2. The provincial-level People’s
Committees shall guide the division of monetary compensation for residential
land of condominiums to land use right co-users in their localities.
Article
16.- Compensation for land lying within safety corridors when building
public works with safety protection corridors
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2. Where land lying with safety
corridors is not recovered by the State, compensation shall be paid for damage
caused by the restricted usability of such land and for damage of property
attached thereto as follows:
a/ If the land use purpose is
changed, monetary compensation equal to the land use right value difference
shall be paid;
b/ If the land use purpose is
not changed but the land usability is restricted, monetary compensation equal
to the actual damage level shall be paid. The level of compensation for actual
damage shall be prescribed by the provincial-level People’s Committees on a
case-by-case basis;
c/ If dwelling houses, other
construction works and other property lying within the safety corridors are
cleared up, compensation shall be pad according to the actual damage level.
Article
17.- Handling of cases where organizations have their land recovered
without compensation
For organizations having their
land recovered without compensation prescribed in Clause 2, Article 12 of this
Decree, if they must be relocated, they shall receive monetary supports under
investment projects approved by competent authorities; the maximum support
level shall not exceed the level of compensation for recovered land paid by the
organizations or individuals that are assigned or leased land by the State.
Chapter III
COMPENSATION FOR PROPERTY
Article
18.- Principles for compensation for property
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2. Owners of property attached
to land which is recovered by the State but is not eligible for compensation
shall receive compensation or supports for their property on a case-by-case
basis.
3. Houses, other works attached
to land, which are built after the land use plannings and plans are publicized
and without permission of competent State bodies, shall not be compensated.
4. Houses, other works attached
to land, which are built after July 1, 2004 but, at the time of building, run
against the land use purpose determined in the approved land use planning and
plan, shall not be compensated.
5. Property attached to land, which
is created after the land recovery decisions are publicized, shall not be
compensated.
6. For systems of machinery,
production chains which can be disassembled and removed, compensation shall be
only paid for disassembly, transport and re-assembly expenses and damage caused
in the process of disassembly, transport and/or re-assembly; the compensation
level shall be prescribed by the provincial-level People’s Committees in
accordance with current legislation and to suit the local realities.
Article
19.- Compensation for houses, works built on land
1. For dwelling houses, works in
service of the daily life of households or individuals, compensation equal to
the value of newly built houses, works with equivalent technical standards
promulgated by the Construction Ministry shall be paid. The value of newly
constructed houses, works shall be calculated by multiplying the construction
acreage of houses, works by the new construction unit prices of houses, works,
which are prescribed by the provincial-level People’s Committees according to
the Government’s regulations.
2. For houses, construction
works other than those prescribed in Clause 1 of this Article, compensation
shall be paid at the following level:
Level
of compensation for house, works
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Existing
value of damaged houses, works
+
A
sum of money calculated as a percentage of the existing value of houses,
works
The existing value of damaged
houses, works is determined by multiplying the percentage of the remaining
quality of such houses, works by the value of newly built houses, works with
equivalent technical standards promulgated by the Construction Ministry.
A sum of money calculated as a
percentage of the existing value of houses. works shall be prescribed by the
provincial-level People’s Committees but the maximum compensation level shall
not exceed 100% of the value of newly built houses, works with technical
standards equivalent to those of damaged houses, works.
For technical infrastructure
works, the compensation level shall be equal to the value of newly built works
with equivalent technical standards promulgated by the Construction Ministry;
compensation shall not be paid if the works are no longer in use.
3. For houses, other
construction works which have been dismantled in part with the remaining
part being unusable, compensation shall be paid for the whole houses, works;
for houses, other construction works which have been dismantled in part but
still exist with the remaining part being usable, compensation shall be paid
for the value of the dismantled part and for expenses for repair and
improvement of the remaining part up to the technical standards of the houses,
works before being dismantled.
4. Property attached to land
which falls into one of the cases prescribed in Clauses 4, 6, 7 and 10 of
Article 38 of the 2003 Land Law shall not be compensated.
5. Property attached to land
which falls into one of the cases prescribed in Clauses 2, 3, 5, 8, 9, 11 and
12, Article 38 of the 2003 Land Law shall be handled according to the
provisions of Article 35 of the Government’s Decree No. 181/2004/ND-CP of
October 29, 2004 on the implementation of the Land Law.
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1. Houses, other works which are
built with permission on land meeting all compensation conditions prescribed in
Article 8 of this Decree shall be compensated according to the provisions of
Article 19 of this Decree.
2. Houses, other works which are
built without permission shall, depending on the extent and nature of legality
of land, houses and works, be compensated or supported according to the
following provisions:
a/ Houses, other works built on
land meeting all compensation conditions prescribed in Article 8 of this Decree
shall be compensated according to the provisions of Article 19 of this Decree;
b/ For houses, other works built
on land failing to meet all compensation conditions prescribed in Article 8 of
this Decree but, at the time of building, there were no land use plannings and
plans publicized by competent authorities, or built in line with the land use
planning and plan without encroaching upon the work protection corridors,
supports equal to no more than 80% of the compensation level prescribed in
Article 19 of this Decree shall be provided;
c/ Houses, other works built
before July 1, 2004 on land failing to meet all compensation conditions
prescribed in Article 8 of this Decree and in violation of the publicized land
use planning and plan and placed landmarks or in encroachment upon the
demarcated work protection corridors shall not be compensated; in special
cases, the provincial-level People’s Committees may consider to provide
supports on a case-by-case basis.
3. For houses, other works built
on land failing to meet all compensation conditions prescribed in Article 8 of
this Decree and, at the time of building, competent State bodies already issued
notices banning such building, neither compensation nor support shall be
provided; persons having such illegally built works shall be forced to
dismantle such works or bear dismantlement expenses if competent agencies
organize the dismantlement.
Article
21.- Compensation for houses, works to persons currently using State-owned
dwelling
1. For persons currently using
State-owned dwelling houses (rented houses or houses self-managed by
organizations) which are situated within the to be-recovered land areas and
must be dismantled, the current tenants shall not receive compensation for the
areas of State-owned dwelling houses and the illegally extended areas but shall
receive compensation for expenses for self-renovation, repair and upgrading at
the levels prescribed by the provincial-level People’s Committees.
2. Persons currently using
State-owned dwelling houses which are dismantled may rent dwelling houses in
the resettlement areas; new rented areas in the resettlement areas shall be
equal to old rented areas; house rent rates shall be those applicable to
State-owned dwelling houses; rented houses in the resettlement areas shall be
sold by the State to the current tenants according to the Government’s
regulations on sale of State-owned dwelling houses to current tenants; in
special cases where there are no resettlement houses to be arranged for them,
monetary supports equal to 60% of the land value and 60% of the value of
currently rented houses shall be provided for seeking for new residences.
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For the relocation of graves,
compensation shall be paid for expenses for land, digging, exhumation, moving,
re-building and other directly related reasonable expenses. The
provincial-level People’s Committees shall specify the compensation levels
suitable to the local practices and realities.
Article
23.- Compensation for cultural works, historical relics, churches,
communal houses, pagodas, shrines
For projects involving the
recovery of land on which exist cultural works, historical relics, churches,
communal houses, pagodas or shrines which must be relocated, the compensation
for centrally managed works and locally managed works shall be decided by the
Prime Minister and the provincial-level People’s Committee presidents
respectively.
Article
24.- Compensation for cultivated plants and reared animals
1. The level of compensation for
annual trees shall be equal to the value of the output of their crop. The value
of the output of a crop shall be calculated on the basis of the productivity of
the biggest crop in the last three years of the major cultivated tree in the
locality and the average price at the time of land recovery.
2. The level of compensation for
perennial trees shall be equal to the existing value (exclusive of the land use
right value) of the orchard, calculated at the local price at the time of land
recovery.
3. For unharvested crops which
may be moved to elsewhere, compensation for expenses for moving and for actual
damage from relocation and re-planting shall be paid.
4. Forest trees planted with the
source of State budget capital, natural forest trees assigned to organizations
and households for growing, management, tending and protection, compensation
for the value of the actual damage to the gardens shall be paid; monetary
compensation shall be divided to forest managers, tenders and keepers according
to law provisions on forest protection and development.
5. For reared animals (in
aquaculture), compensation shall be paid as follows:
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b/ For reared animals that have
not yet reached the harvest time by the time of land recovery, compensation
shall be paid for actual damage caused by premature harvest; where they can be
moved elsewhere, compensation for expenses for moving and for damage therefrom;
the specific compensation levels shall be prescribed by the provincial-level
People’s Committees to suit the realities.
Article
25.- Disposal of money compensated for State-owned property
Organizations that have their
land recovered by the State, suffer from damage to property assigned by the
State to them for management and use or must move to new locations may use
money compensated for their property for investment in their new locations
under investment projects approved by competent authorities.
Article
26.- Compensation to laborers for their job stoppage
If economic organizations,
registered production and business households employing laborers under labor
contracts have to stop production and business due to land recovery by the
State, laborers shall receive compensation according to the job stoppage
allowance regime prescribed in Clause 3, Article 62 of the Labor Code; the
subjects entitled to compensation shall be laborers defined at Point a and
Point b, Clause 1, Article 27 of the Labor Code; the period for compensation
calculation shall be the period of production and business stoppage but must
not exceed 6 months.
Chapter IV
SUPPORT POLICIES
Article
27.- Relocation supports
1. If households must be
relocated within a province or city or to another province or city when the
State recovers land, they shall each receive a support of VND 3,000,000 at most
or VND 5,000,000 at most respectively; the specific support level shall be
prescribed by the provincial-level People’s Committees.
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3. If persons who have their
residential land recovered and have no other residences; pending the time of
creating new residences (arrangement for resettlement), they shall be arranged
to live in makeshift shelters or receive monetary supports for renting dwelling
houses; the specific periods and support levels shall be prescribed by the
provincial-level People’s Committees to suit the local realities.
Article
28.- Supports for life stabilization and production stabilization
1. When households, individuals
directly engaged in agricultural production have over 30% of their assigned
agricultural land areas recovered, they shall receive life stabilization
supports for 3 months if they must not be relocated and for 6 months if they
must be relocated; where they must be relocated to places with difficult or
specially difficult socio-economic conditions, they shall receive supports for
12 months at most. The level of monetary support per household member per month
shall be equivalent to 30 kg of rice, calculated at the average local price.
2. When economic organizations
or registered production and business households have to stop production and
business when their land is recovered by the State, they shall receive
compensation of no more than 30% of one year’s after-tax incomes, calculated
according to the average level of the last three years, which is certified by
the tax office; the specific support levels shall be prescribed by the
provincial-level People’s Committees to suit the local realities.
Article
29.- Supports for job change and job creation
1. If households, individuals
directly engaged in agricultural production have over 30% of their assigned
agricultural land areas recovered, they shall receive supports for job change
if they are still within the working age; the specific support levels shall be
prescribed by the provincial-level People’s Committees to suit the local
realities.
2. The job change training
support shall mainly take the form of sending for job training at vocational
training establishments.
Article
30.- Supports for current tenants of non-State-owned houses
1. If households, individuals
currently renting non-State-owned dwelling houses must dismantle their houses
or must be relocated when the State recovers land, they shall receive supports
equal to the level prescribed in Clause 1, Article 27 of this Decree for
relocation.
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Article
31.- Supports upon recovery of public land of communes, wards or townships
Where the recovered land belongs
to public land funds of communes, wards or townships, supports shall be
provided; the highest support level can be equal to the compensation level; the
specific support levels shall be prescribed by the provincial-level People’s
Committees; monetary supports shall be remitted into the State budget and
incorporated into the annual budget estimates of communes, wards or townships;
monetary supports shall only be used for investment in building infrastructural
works, for public interests of communes, wards or townships.
Article
32.- Other supports
Apart from the supports
prescribed in Articles 27, 28, 29, 30 and 31 of this Decree, basing themselves
on the local realities, the provincial-level People’s Committee presidents
shall decide on other supporting measures to stabilize life and production of
persons who have land recovered; special cases shall be submitted to the Prime
Minister for decision.
Chapter V
RESETTLEMENT
Article
33.- Formulation and implementation of resettlement projects
1. On the basis of local
socio-economic development plans as well as land use plannings and plans
already approved by competent authorities, the provincial-level People’s
Committees shall have to formulate and implement resettlement projects to
ensure resettlement for persons who have land recovered and must be relocated.
2. The project formulation and
resettlement area construction shall comply with current regulations on
investment and construction management.
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1. Agencies (organizations) that
are assigned by the provincial-level People’s Committees to arrange resettlement
must inform every household that has land recovered and must be relocated of
the tentative resettlement arrangement plans and publicly post up these plans
at their headquarters, at the offices of the commune-level People’s Committees
of the localities where exists the recovered land and in the resettlement areas
20 days before such resettlement plans are approved by competent State bodies;
the contents of such a notice include:
a/ Locations, sizes of the
resettlement land fund and house fund, design, acreage of each land plot,
apartment, resettlement land price, house price;
b/ Planned arrangement of
households in the resettlement area.
2. To prioritize on-spot
resettlement for persons who have land recovered in the areas covered by the
resettlement projects; prioritize convenient positions for households that were
the first in making ground clearance, households having convenient positions in
old places of residence, households being social policy beneficiaries.
3. To create condition for
households that agree to move to resettlement areas to look through the
resettlement areas and publicly discuss the planned arrangement prescribed in
Clause 1 of this Article.
Article
35.- Compulsory conditions on resettlement areas
1. Resettlement areas must be built
in line with land use plannings and plans, construction plannings as well as
construction standards and rules.
2. Resettlement areas must be
commonly used for many projects.
3. Before residential land is
arranged for households, individuals, comprehensive infrastructure must be
built in resettlement areas to ensure that users have the same or better
conditions compared with their old places of residence.
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Basing themselves on the local
realities, the provincial-level People’s Committees shall decide on measures
and specific levels of support for stabilizing production and life in
resettlement areas, including:
1. Supporting plant seeds and
animal breeds for the first agricultural production crop, agricultural
promotion, forestry promotion, plant protection, veterinary services,
cultivation, husbandry and professional techniques for production, business,
industrial and trading services.
2. Supports for creating some
trades and occupations in resettlement areas, which are suitable to laborers,
particularly female laborers.
Article
37.- Rights and obligations of persons who have land recovered and must be
relocated
1. Rights:
a/ To register in writing to
move to resettlement areas;
b/ To be given priority to
register the residence status for themselves, other family members who move to
new residences and to transfer family members of school age to new schools;
c/ To refuse to move to
resettlement areas which fail to ensure the conditions already notified and
publicly posted up;
d/ To be provided house design
models free of charge.
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a/ To move to resettlement areas
according to the deadline set by competent State bodies;
b/ To build houses, works
according to planning and fulfill other obligations according to law
provisions;
c/ To pay money for purchase of
dwelling houses or land use levies according to law provisions.
Article
38.- Resettlement for special projects
If due to investment projects
decided by the Government or the National Assembly, the entire population
communities must be relocated, affecting their life, economy, society and
traditional culture, on a case-by-case basis, the Prime Minister shall decide
on or submit to the Government for consideration and decision special
resettlement policies with the applicable highest support level, i.e. supports
for all expenses for creation of new resettlement areas, building of dwelling
houses, improvement of crop fields, construction of socio-economic infrastructure,
supports for life and production stabilization and other supports
Chapter VI
ORGANIZATION OF
IMPLEMENTATION
Article
39.- Assignment of compensation, support and resettlement tasks
1. Basing themselves on the
local realities, the provincial People’s Committees shall assign the
compensation, support and resettlement work to:
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- Land fund development
organizations.
2. A district-level
compensation, support and resettlement council shall have a People’s Committee
leader as its chairman and the following members:
- A finance agency’s
representative as its vice chairman;
- The investor as a standing
member;
- A natural resources and
environment agency’s representative as member;
- A representative of the
commune-level People’s Committee of the place where land is recovered as
member;
- One or two representatives of
households having land recovered;
A number of other members shall
be decided by the compensation, support and resettlement council chairman to
suit the local realities.
Article
40.- Responsibilities of compensation, support and resettlement councils
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2. Responsibilities of council
members:
a/ The council chairman shall
direct the council members to make, submit for approval and organize the
implementation of, the compensation, support and resettlement plan;
b/ The investor shall be
responsible for assisting the council chairman in making the compensation,
support and resettlement plan, ensuring sufficient funds for timely payment of compensation,
support and resettlement money;
c/ Representatives of persons
who have land recovered shall be responsible for reflecting the aspirations of
persons who have land recovered, persons who must be relocated; mobilizing
persons who have land recovered to move and clear the ground according to
schedule;
d/ Other members shall perform
the tasks as assigned and directed by the council chairman, suitable to their
respective branches.
3. The compensation, support and
resettlement councils shall be responsible for the accuracy and rationality of
inventory statistics, the legality of land and property eligible or ineligible
for compensation, supports in the compensation, support and resettlement plans.
Article
41.- Expertise of compensation, support and resettlement plans of projects
1. Expertise of compensation,
support and resettlement plans in the following cases:
a/ Recovery of land related to
two or more rural districts, urban districts, towns, provincial cities;
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2. Contents to be expertized
include:
a/ The application of
compensation and support policies of the projects;
b/ The application of land
prices, property prices to compensation calculation;
c/ Resettlement arrangement
plans.
3. The provincial/municipal
Finance Services shall assume the prime responsibility for, and coordinate
with, the concerned agencies as may be appropriate to the characteristics of
each project in, expertising the compensation, support and resettlement
plans.
In case of necessity, the
provincial-level People’s Committee presidents shall decide to set up an
expertising council having the provincial/municipal Finance Service director as
its chairman.
4. The expertise shall last for
no more than 15 working days, counting from the date of receipt of the
compensation, support and resettlement plans of the projects; past this time
limit, if the expertising agencies give no opinions, the presidents of the
People’s Committees of competent levels shall approve the plans.
5. The compensation, support and
resettlement plans of the projects other than those prescribed in Clause 1 of
this Article shall not be expertised.
6. After obtaining the opinions
of the expertising agencies, the investors shall assist the compensation,
support and resettlement councils in improving the compensation, support and
resettlement plans for submission to competent State bodies for approval.
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Where the persons who are
assigned or leased land or land fund development organizations manage to reach
agreement with the persons who have land recovered on the compensation, support
levels in accordance with this Decree, such agreement shall be followed; the
State shall not organize, effect the payment of compensation, supports.
Article
43.- Responsibilities of People’s Committees at all levels
1. The provincial-level People’s
Committees shall have the responsibilities:
a/ To direct, organize, propagate
and mobilize all organizations and individuals concerning compensation, support
and resettlement policies and ground clearance according to the land recovery
decisions of competent State bodies;
b/ To direct the
provincial/municipal services, departments, branches and district-level
People’s Committees:
- To draw up resettlement and
resettlement area plans in service of the land recovery;
- To draw up compensation,
support and resettlement plans according to their competence;
c/ To approve or assign the
district-level People’s Committees to approve compensation, support and
resettlement plans;
d/ To approve land prices;
promulgate the property price tables for compensation calculation; prescribe
support levels and supporting measures according to their competence;
resettlement arrangement plans, job change training plans according to their
assigned competence;
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f/ To guarantee impartiality and
equity when considering and deciding on the compensation, support and
resettlement when land is recovered by the State according to their competence
prescribed in this Decree;
g/ To decide or assign the
district-level People’s Committees to apply coercion to cases of deliberately
failing to abide by the State’s land recovery decisions according to their
competence;
h/ To direct the examination and
handling of violations in the compensation, support and resettlement domain.
2. The district-level People’s
Committees of the places where land is recovered shall have the
responsibilities:
a/ To direct, organize,
propagate and mobilize all organizations and individuals concerning
compensation, support and resettlement policies and ground clearance according
to the land recovery decisions of competent State
bodies;
b/ To direct the compensation,
support and resettlement councils of the same level to draw up, and organize
the implementation of, the compensation, support and resettlement plans;
approve the compensation, support and resettlement plans according to the
responsibility assignment by the provincial-level People’s Committees;
c/ To coordinate with the
provincial/municipal services, departments and branches, organizations and
investors in executing investments projects to build and plans to create
resettlement areas in their localities according to the assignment of the
provincial-level People’s Committees;
d/ To settle citizens’
complaints, denunciations related to compensation, support and resettlement
according to their assigned competence; issue coercive decisions and organizing
coercion in the cases falling under their competence; coordinate with the functional
agencies in organizing coercion according to the decisions of competent bodies.
3. The commune-level People’s
Committees shall have the responsibilities:
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b/ To coordinate with the
compensation, support and resettlement councils in certifying land and property
of persons who have land recovered;
c/ To join in, and create
conditions for, the payment of compensation and support money to, and arrange
resettlement for, persons who have land recovered, and create conditions for
the ground clearance.
Article
44.- Responsibilities of provincial-level services, departments and
branches
1. The Finance Services shall
have the responsibilities:
a/ To assume the prime
responsibility for, and coordinate with, the concerned agencies in, submitting
to the provincial People’s Committees for approval land prices, property price
tables (not including prices of houses and other construction works) for
compensation calculation, to the provincial-level People’s Committees for
decision support levels and support and resettlement measures in localities;
b/ To assume the prime
responsibility for the expertising work prescribed in Article 41 of this Decree;
c/ To inspect the payment of
compensation, support money and expenses for the organization of compensation,
support and resettlement in their localities.
2. The Planning and Investment
Services shall have the responsibility to guide and inspect the formulation and
execution of investment projects.
3. The Construction Services and
the Architecture Planning Services shall have the responsibilities:
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b/ To determine the prices of
houses and construction works attached to land for compensation calculation and
submit them to the People’s Committees of the same level for approval;
c/ To assume the prime
responsibility for, and coordinate with the functional agencies in, determining
the positions and sizes of resettlement areas in accordance with the general
development plannings of localities, submit them to competent State bodies for
approval.
4. The Natural Resources and
Environment Services shall have the responsibilities:
a/ To guide the determination of
land acreages, categories, grades and compensation conditions, land ineligible
for compensation when it is recovered by the State;
b/ To guide the determination of
land areas eligible or ineligible for compensation; compensation or support
levels for each land user who has land recovered, serving as the basis for the
calculation of compensation and support for each subject;
c/ To assume the prime
responsibility for, and coordinate with the Planning and Investment Services
and the Construction Services in, deciding on the area of land to be recovered
for each project.
Article
45.- Responsibilities of organizations assigned to perform compensation,
support and resettlement tasks
1. To draw up plans on
compensation, support and resettlement and plans on organization of
compensation, support and resettlement; then submit them to competent
authorities for approval according to the regulations of the provincial-level
People’s Committees, take responsibility for the accuracy and policy conformity
of compensation, support and resettlement plans.
2. To give guidance and respond
to land users’ inquiries on matters related to compensation, support and
resettlement.
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Article
46.- Responsibilities of the Finance Ministry, the Planning and Investment
Ministry, the Construction Ministry and the Natural Resources and Environment
Ministry
1. Responsibilities of the
Finance Ministry:
a/ To guide and inspect the
implementation of compensation, support and resettlement policies;
b/ To assume the prime
responsibility for, and coordinate with the concerned branches in, guiding the
handling of problems arising in the determination of land prices and property
prices, and compensation, support policies in the compensation, support and
resettlement work at the requests of the provincial-level People’s Committees.
2. Responsibilities of the
Planning and Investment Ministry: To guide and examine the formulation and
execution of resettlement projects according to law provisions on investment
and construction management.
3. Responsibilities of the
Construction Ministry:
a/ To guide and inspect the
determination of the legality of houses, other construction works for
compensation calculation; guide the formulation of resettlement area
construction plannings, standards of houses and construction works in
resettlement areas;
b/ To guide and inspect the
determination of the prices of houses and other construction works for
compensation, support and resettlement according to its assigned powers.
4. Responsibilities of the
Natural Resources and Environment Ministry:
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b/ To provide for and guide the
management of land in resettlement areas.
Article
47.- Coercive execution of land recovery, ground clearance decisions
1. The People’s Committees at
all levels shall coordinate with political organizations, socio-political
organizations and mass organizations in mobilizing persons who have land
recovered to voluntarily execute land recovery and/or ground clearance
decisions. Where, though compensation, support and resettlement regulations
have been properly implemented, the persons who have land recovered
deliberately fail to execute land recover decisions, the land recovery
decision-issuing agencies shall issue coercion decisions and organize coercion
according to law provisions.
2. Basing themselves on the
local realities, the provincial-level People’s Committees shall assign or
authorize the district-level People’s Committees to issue coercion decisions
and organize coercion.
Article
48.- Expenses for organization of compensation, support and resettlement
1. Organizations responsible for
organizing compensation, support and resettlement shall have to make cost
estimates for this work for every project as follows:
a/ For expenses for which the
limits, criteria and unit prices have been prescribed by competent State
bodies, current regulations shall be complied with;
b/ For expenses for which there
are no or not yet limits, criteria and unit prices, cost estimates shall be
made to suit the characteristics of each project and local realities;
c/ For expenses for printing
materials, stationery, car petrol, logistics and other amounts servicing the
managerial apparatus, they shall be estimated according to each project’s
actual demands.
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Article
49.- Complaints and settlement thereof
If persons who have land
recovered disagree with compensation, support and resettlement decisions, they
may lodge complaints according to law provisions. The responsibility for
settling complaints, statute of limitations for lodging complaints and order of
settling complaints shall comply with Article 138 of the 2003 Land Law and
Articles 162, 263 and 164 of the Government’s Decree No. 181/2004/ND-CP on the
implementation of the Land Law.
Pending the settlement of their
complaints, persons who have land recovered must still abide by land recovery
decisions, hand over their land according to plan and deadline already decided
by competent State bodies.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 50.-
Implementation effect
1. This Decree takes effect 15 days
after its publication in the Official Gazette.
2. This Decree replaces the
Government’s Decree No. 22/1998/ND-CP of April 24, 1998 on damage compensation
when the State recovers land for defense and security purposes, national
interests, public interests. All previous regulations on compensation, support
and resettlement when the State recovers land, which are contrary to this
Decree, are hereby annulled.
For projects, project items that
have completed the compensation, support and resettlement work; that have
approved the compensation, support and resettlement plans or are making
payments for compensation, support and resettlement according to the plans
approved before the effective date of this Decree, the approved plans shall be
implemented without application of, or adjustment according to, the provisions
of this Decree.
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The Finance Ministry shall
assume the prime responsibility for, and coordinate with the Natural Resources
and Environment Ministry and the Construction Ministry in, guiding the
implementation of this Decree.
The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies, the
presidents of the People’s Committees of the provinces and centrally-run cities,
land-using organizations, households and individuals shall have to implement
this Decree.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Phan Van Khai