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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No.:
47/2014/ND-CP
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Hanoi, May 15, 2014
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DECREE
REGULATIONS ON COMPENSATION, SUPPORT, AND RESETTLEMENT UPON
LAND EXPROPRIATION BY THE STATE
Pursuant to the Law on
Government organization dated December 25, 2001;
Pursuant to the Law on Land
dated November 29, 2013;
At the proposal of the Minister
of Natural Resources and Environment,
The
Government has promulgated the decree regulating compensation, support, and
resettlement upon land expropriation by the State.
Chapter 1.
GENERAL PROVISIONS
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This Decree details some articles
of the Law on Land concerning compensation, support, and resettlement upon land
expropriation by the State.
Article 2.
Regulated entities
1. Land management agency;
organizations in charge of compensation and site clearance.
2. Land users as defined in Article
5 of the Law on Land upon expropriation
3. Other organizations, individuals
relating to compensation, support, and resettlement
Chapter 2.
DETAILED REGULATIONS ON
COMPENSATION, SUPPORT, AND RESETTLEMENT UPON LAND EXPROPRIATION BY THE STATE
Article 3. Compensation
for the remaining land-related investment expense upon expropriation for national
defense and security; socio-economic development for the benefits of the public
and the country
1. Article 76. Compensation for the
remaining land-related investment expense upon expropriation for the purposes
of national defense and security; socio-economic development for the benefits
of the public and the country
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a) Expenses for land grading
b) Expenses for soil nutrient enrichment,
removal of salt, corrosion and erosion control of the land used for
agricultural production;
c) Expenses for reinforcement load,
vibration, and sinking bearing capacity of the land used as business premises;
d) Other expenses invested in
accordance with land use purpose.
3. Conditions for determination of the
remaining land-related investment expense as follows:
a) Documents or vouchers proving
investment has been made. In case there are no
documents or vouchers to prove such investment, the People’s Committees of
central-affiliated provinces and cities (hereinafter referred to as the
province-level People’s committee) shall rely on actual circumstances in the
locality to determine the remaining land-related investment expense;
b) The remaining land-related
investment expense does not originate from the state budget.
4. The remaining land-related
investment expense should be in accordance with market price at the time of expropriation
and determined according to the following formula:
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P: The remaining land-related
investment expense;
P1: Expenses for land grading;
P2: Expenses for enrichment of soil
nutrients, soil desalination and de-acidification, corrosion and erosion
control of the land used for agricultural production;
P3: Expenses for reinforcement
load, vibration, and sinking bearing capacity of the land used as business
premises;
P4: Other expenses in accordance
with land use purpose.
T1: Land use term;
T2: Remaining land use term;
In case the time of investment in
land takes places after the time of land allocation by the State, land use term
(T1) shall be calculated from the time of investment in land.
Article 4.
Compensation, support to households and individuals whose agricultural land is
subject to expropriation.
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1. Households and individuals who
are currently using a piece of agricultural land that is beyond the limit
actually allocated by the State coming from inheritance, gifts, or receipt of
transfer of land use rights from others under the Law and are eligible for
compensation shall be compensated, supported according to actual area to be expropriated.
2. Any household and individual who
is currently using a piece of agricultural land as defined in Clause 1 of this
Article but has no Certificate of Land Use Right or is ineligible for issuance
of Certificates of land use right, certificates of ownership of land-linked
houses and properties as stipulated by the Law on Land shall be compensated within
the allocated limit. For the excess area of agricultural land, compensation in
the form of land shall not be done but pecuniary support shall be considered according
to the provisions set out in Article 25 hereof.
3. Land use term serving as the
basis for compensation calculation with respect to agricultural land allocated
by the State to households and individuals for agricultural production, recognition
of land use right, receipt of transfer of land use rights according to the Law
on Land shall be applied in the same way as land are allocated by the State for
stable and long-term use.
Article 5. Compensation
for land and remaining expenses invested in the landcurrently used by
residential community and religious establishments upon expropriation by the
State
1. Compensation for land and expenses
invested in agricultural land currently used by residential community and
religious establishments as defined in Clause 3, Article 78 of the Law on Land
shall be done as follows:
a) As for agricultural land used
before July 01, 2004 (the effective date of the Law on Land in 2003) including
the land not originally allocated by the State, the land leased out by the State
with annual payment of land rent and included with Certificate of land use
right or eligible for issuance of certificates of land use right, ownership of
land-linked houses and properties as defined in Article 100 and 102 shall be
compensated in the form of land as defined in Clause 2, Article 74 of the Law
on Land;
b) As for agricultural land
originally allocated by the State without payment of land levies, or leased out
by the State with annual payment of land rent shall not be compensated in the
form of land but shall be compensated for the remaining land-related investment
expense (if any). Determination of the remaining land-related investment
expense for compensation shall be done according to the provisions set out in
Article 3 hereof.
2. Compensation for land and the
remaining expenses invested in the land not owned by residential community,
religious establishments as defined in Clause 5, Article 81 of the Law on Land
shall be stipulated as follows upon expropriation of non-agricultural land by
the State:
a) As for non-agricultural land
used before July 01, 2004 including the land not originally allocated by the
State, the land leased out by the State with annual payment of land rent and
included with Certificate of land use right or eligible for issuance of
certificates of land use right, ownership of land-linked houses and properties
as defined in Article 100 and 102 of the Law on Land shall receive compensation
for land as defined in Clause 2, Article 74 of the Law on Land;
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b) Agricultural land originally
allocated by the State without payment of land levies, or leased out by the
State with annual payment of land rent shall not be compensated for land but
shall be compensated for the remaining land-related investment expense (if
any). Determination of the remaining land-related investment expense for compensation
shall be done according to the provisions set out in Article 3 hereof.
In case all or part of the area of
land is expropriated and the remaining area is ineligible for use and if
residential community or religious establishments need to use the land for
their common purposes, they shall receive new land allocated elsewhere. Such
allocation must conform to land-use planning approved by competent agencies.
Article 6. Compensation
for land upon expropriation of inhabited land by the State
Compensation for land upon expropriation
as defined in Article 79 of the Law on Land shall be done as follows:
1. Households and individuals, overseas
Vietnamese who are owning inhabited land, land - linked houses in Vietnam, have
Certificate of land use right or are eligible for issuance of Certificates of
land use right, ownership of land-linked houses and properties according to the
Law on Land, the compensation for land shall be done as follows:
a) In case all of inhabited land is
expropriated or the remaining area of inhabited land after expropriation is
ineligible for residence according to the regulations prescribed by the
province-level People’s committee and such owners have no other land or houses
elsewhere for residence, the compensation in the form of land or resettlement
housing shall be made to them.
b) In case all of inhabited land is
expropriated or the remaining area of inhabited land after expropriation is
ineligible for residence according to the regulations prescribed by the
province-level People’s committee and such owners have no other land or houses
elsewhere for residence, the compensation in money shall be made to them. For
localities that have land fund, compensation in the form of land shall be
considered.
2. In
case one household of multiple families residing in the same parcel of land
subject to expropriation or multiple households co-owning the same parcel of
land subject to expropriation and if such land is eligible for division into
separate families according to the provisions of the Law on Residence, the
province-level People’s committee shall rely on land fund, resettlement
housing and actual circumstances in the locality to decide grant of land,
resettlement housing to individual households.
3. Households and individuals,
overseas Vietnamese as defined in Clause 1 of this Article who do not require
compensation in the form of land or resettlement housing shall be compensated
in money by the State.
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5. In
case portion of the inhabited land subject to expropriation is agricultural
land and not yet recognized as inhabited land, conversion of such portion of
land into inhabited land shall be accepted by the State upon demand by
households and individuals as owners thereof. However, portion of land to be
converted into inhabited land must fall within the limit of land allocation by
locality and such conversion of use purpose must conform to land-use
planning approved by competent agencies. Upon conversion of use purpose,
households and individuals must perform their financial obligations as
stipulated by the Law on collection of land levies, land rent, water surface
rent.
6. In case a parcel of land
currently employed by economic organizations, overseas Vietnamese,
foreign-invested enterprises (commonly referred to as entities) for a
construction project is subject to expropriation by the State, and if
conditions for compensation as defined in Article 75 of the Law on Land are met
by such entities, compensation shall be accepted and made as follows:
a) In case a portion of the land is
expropriated and the remaining portion is still eligible for the implementation
of the construction project, compensation for the expropriated portion shall be
made in the form of money;
b) In case all or portion of the
land is expropriated and the remaining portion is ineligible for the
implementation of the construction project, compensation for all or portion of
the expropriated land shall be made in the form of land for the implementation
of the project or in the form of money;
c) For any project that is already
put into practice, compensation shall be made in the form of money upon expropriation.
Article 7. Compensation
for land and the remaining land-related investment expense to households and
individuals upon expropriation of non-agricultural land by the State
Compensation for land and the
remaining land-related investment expense to households and individuals upon expropriation
of non-agricultural land (different from inhabited land) as stipulated in
Article 80 of the Law on Land is done as follows:
1. Households and individuals currently
using non-agricultural upon expropriation shall be compensated as follows if
conditions for compensation as defined in Article 75 of the Law on Land are
met:
a) Land with limited use duration
upon expropriation shall be compensated with the land of the same purpose;
compensation shall be based on remaining land use term of the expropriated
land. In case land for compensation is not available, the compensation shall be
made in the form of money and determined as follows:
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Tbt: Amount of compensation;
G: Land price at the time of expropriation;
if the land is allocated by the State with land levies, G shall be the price
for calculation of land levies; if the land is leased out by the State with
land rent being paid once for the entire lease, G shall be the price for
calculation of land rent;
S: Area of land expropriated;
T1: Land use term;
T2: Remaining land use term;
b) In case households and
individuals need to extend remaining land use term of the expropriated land which
serves as foundation for compensation, such extension shall be approved by
competent agencies but land users must perform their financial obligations with
respect to the extended period according to the provisions of law.
2. In case non-agricultural land exempted
from land rent is expropriated by the State, households and individuals as users
thereof shall be compensated for the remaining land-related investment expense only
(if any) according to the provisions set out in Article 3 hereof except otherwise
as regulated in Clause 3 of this Article.
3. In case non-agricultural land exempted
from land rent thanks to the policy on people dedicated to national revolution
is expropriated by the State, households and individuals as users thereof shall
be compensated in the form of land. Based on actual circumstances and
availability of fund land, the province-level People’s committee shall decide
compensation.
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5. In case land with houses built
thereon before July 01, 2004 and originally related to transgression, invasion
is expropriated, households and individuals as users thereof shall be granted
new land with land levies imposed or offered sale of resettlement houses. Rate
of land levies and purchase price of resettlement housing shall be decided by the
province-level People’s committee.
Article 8.
Compensation for land and the remaining land-related investment expense to economic
organizations and joint-venture enterprises upon expropriation of non-agricultural
land by the State
1. Compensation for land currently
used as graveyard by economic organizations upon expropriation by the State as
defined in Clause 2, Article 81 of the Law on Land shall be done as follows:
a) In case all or part of the land
is expropriated and the remaining part is ineligible for the construction of
graveyard, users thereof shall be compensated with new land of the same purpose
if transfer of infrastructure-linked land use right is done; shall be
compensated in the form of money if the construction of infrastructure
structure is in progress and transfer of infrastructure-linked land use right
is not yet done;
b)
In case a portion of the land is expropriated and the remaining portion is
eligible for the construction graveyard, users thereof shall be compensated in
the form of money for the expropriated part. Tombs and graves shall be
moved to the remaining land of the project if they are situated on the expropriated
portion; In case the remaining land of the project is completely transferred, users
thereof shall be granted new land for the construction of graveyard to serve
movement of tombs and graves in the area under expropriation.
Allocation of new land for the
construction of graveyard as defined in this Point must be in accordance with
land-use planning approved by competent agencies.
2. In case non-agricultural land that
is capitalized in the form of transfer of land use right as defined in Article
184 of the Law on Land is expropriated by the State, joint-venture enterprises
as users thereof shall be compensated in the form of land as defined in Clause
2, Article 74 of the Law on Land in the following cases:
a) Land contributed by economic
organizations in the form of capital as defined in Article 184 of the Law on
Land and originally allocated by the State with land levies, leased out with
land rent being paid once for the entire lease and such land levies and land
rent are not originally related to the state budget;
b) Land allocated to economic
organizations by the State without land levies, or with land levies originating
from the state budget, leased out with annual land rent but used the same way
as allocated by the State to enterprises without debit and land rent according
to the provisions of the Law on Land for contribution of capital to foreign
organizations and individuals;
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d) Land allocated to overseas
Vietnamese with land levies, leased out to overseas Vietnamese with land rent
being paid once for the entire lease; land allocated to a joint-venture to
which capital contribution by Vietnamese side is in the form of land use right now
converted into foreign-invested enterprises.
Article 9.
Compensation for losses caused to land-linked houses, construction works upon expropriation
by the State
Compensation for land-linked
houses, construction works upon expropriation as defined in Clause 2, Article
89 of the Law on Land shall be done as follows:
1. Compensation for houses and
works equals to total existing value of lost houses, works and the amount of
money is calculated in percentage of the existing value of such houses, works.
Existing value of lost houses, works
is determined by multiplying percentage of remaining quality of such houses, works
by the value of complete construction of houses, works according to technical
standards promulgated by relevant ministries.
Amount of compensation is
calculated in percentage of the existing value of houses, construction works
shall be stipulated by the province-level People’s committee but not exceed
100% of value of complete construction of houses, works with technical
standards equivalent to lost houses, construction works.
2. Existing value of lost houses, construction
works shall be determined as follows:
Where:
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G1: Value of new construction of lost
houses, works with technical standards promulgated by relevant ministries;
T: Depreciation period applied to lost
houses, works;
T1: Period over which lost houses,
works are used;
3. For any house or work part of
which is demolished and the remaining part is unusable, compensation shall be
made for the entire house or work; houses, works part of which is demolished
and the remaining part is usable, compensation shall be made for the demolished
part only plus expenses for repair and completion of the remaining part
according to technical standards applied to houses, works prior to demolition.
4. For houses, works that do not
meet technical standards as stipulated by relevant ministries, the
province-level People’s committee shall rely on actual circumstances in the
locality to decide specific compensation appropriately.
Article 10.
Compensation for losses due to restricted use of land, losses caused to
land-linked properties with respect to land in safety corridors upon
construction of public works with safety corridors
Compensation for losses due to
restricted use of land, losses to land-linked properties with respect to land
in safety corridor upon construction of works with safety corridors as defined
in Article 94 of the Law on Land is done as follows:
1. In case of change of land use
purpose:
a) For changes in land use purpose
from inhabited land to non-agricultural land or from inhabited land to
agricultural land, compensation for losses shall be determined as follows:
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Where:
Tbt: Amount of compensation;
G1: Average price of inhabited land
per square meter;
G2: Average price of
non-agricultural land or agricultural land per square meter;
S: Area of land subject to change
of land use purpose:
b) For changes in land use purpose
from non-agricultural land to agricultural land, compensation for losses shall
be determined as follows:
Tbt
= (G3 – G4)xS
Where:
Tbt: Amount of compensation;
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G4: Average price of agricultural
land per square meter;
S: Area of land subject to change
of land use purpose:
2. In case land use purpose is
unchanged but use of land is restricted, compensation for losses shall be
decided by the province-level People’s committee based on actual circumstances
in the locality.
3. For land-linked houses, works
and properties within safety corridors suffering losses caused by site
clearance, compensation shall be made according to level of loss determined.
4. When safety corridors occupy
more than 70% of the land with houses and works thereon, the remaining area
shall be considered for compensation according to the provisions set out in
Clauses 1, 2 of this Article.
5. For land situated within a
safety corridor and displaced by the construction of public works with safety
corridors, households and individuals as users thereof shall be granted
resettlement housing, compensation for movement and support for living and
production stabilization.
Article 11.
Compensation and support for land upon expropriation with respect to land
allocated ultra vires before July 01, 2004
For land allocated ultra vires
before July 01, 2004 with land levies paid but users thereof are not yet
granted the Certificate of land use right, compensation and support in the form
of land shall be done as follows:
1. In case the land is used before
October 15, 1993, users thereof shall be compensated for land according to area
and type of land allocated.
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a) Receive compensation and support
for the area allocated as agricultural land, non-agricultural land and
inhabited land within the limit of allocation as defined in Clause 2, Article
83 and Clause 5, Article 84 of the Law on Land in 2003;
b) Receive compensation for the
area allocated as inhabited land beyond the limit of allocation as defined in
Clause 2, Article 83 and Clause 5, Article 84 of the Law on Land in 2003 but land
levies as stipulated by the Government must be deducted from the amount of
compensation.
3. Compensation for properties
linked to expropriated land is done according to the Law on Land and this
Decree.
Article 12.
Compensation, support for land when real-life area is different from what is
stated in land use right papers upon expropriation
Upon expropriation, real-life area
is found different from the area stated in land use right papers as defined in
Clauses 1, 2, 3, Article 100 of the Law on Land and Article 18 of the
Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 detailing the
implementation of some articles of the Law on Land (hereinafter referred to as
the Decree No. 43/2014/ND-CP), compensation shall be made as follows:
1. If real-life area is smaller
than the area stated in land use right papers, compensation shall be made
according to real-life area.
2. If real-life area is more than
the area stated in land use right papers due to previous inaccurate measurement
or only part of real-life area was previously declared by land user but the entire
land boundary remains unchanged, is not in dispute with neighboring land users,
and not related to invasion, transgression, compensation shall be made
according to real-life area.
3. If real-life area is more than
the area stated in land use right papers, and such outstanding area is confirmed
by the People’s Committee of commune, district and town level (hereinafter
referred to as the People’s Committee of commune) where the land is situated as
resulting from land reclaimation or receipt of transfer of land use right from
previous users, and that the land has been stably employed and not in dispute,
compensation shall be made according to real-life area.
4. If real-life area is more than
the area stated in land use right papers, and the outstanding area is confirmed
as resulting from transgression or invasion, no compensation in the form of
land shall be made with respect to such outstanding area.
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Article 13.
Compensation for land to users without land use right papers
1. Upon expropriation, land users
do not have land use right papers as defined in Clauses 1, 2 and 3, Article 100
of the Law on Land and Article 18 of the Decree No. 43/2014/ND-CP but eligible
for issuance of Certificate of use land right, ownership of land-linked houses
and properties as defined in Articles 101 and 102 of the Law on Land, Articles
20, 22, 23, 25, 27 and 28 of the Decree No. 43/2014/ND-CP, users thereof shall
be compensated for land.
2. In case users thereof are
compensated in money, such amount of compensation shall deduct the amount paid
to the State as financial obligations of land users according to the law on
collection of land levies, land rent and water surface rent.
Article 14.
Compensation to users of state-owned houses, works subject to expropriation
1. For state-owned houses (leased
or self-managed houses) that are subject to demolition, users thereof shall not
be compensated for the area owned by the State and the illegally expanded area
but shall be compensated for the expenses for reformation, repair and upgrading
and amount of compensation shall be decided by the province-level People’s
committee.
2. Users of state-owned houses
subject to demolition shall be granted a lease on resettlement houses with a
rent being equal to that on state-owned houses; leased resettlement houses
shall be sold to lessee according to the Government’s provisions on sale of
state-owed houses to lessee; in case resettlement houses are not available,
compensation shall be made in money that is equal to 60% of the land and 60% of
the leased houses in value.
Article 15.
Compensation for land to users as co-owners of land use right
1. Organizations, households and
individuals as co-owners of land use right, upon expropriation, shall be
compensated according to each portion of land shown in the Certificate of land
use right; in case papers to prove each portion of land owned by individual
organizations, households and individuals are not available, compensation shall
be made commonly to all co-owners of land use right.
2. The
province-level People’s committee shall instruct division of amount of
compensation for land among users as co-owners of land use right as defined in
Clause 1 of this Article.
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1. Compensation, support, and
resettlement upon expropriation to users of land in the area suffering
environmental pollution and likely threat to life; users of land susceptible to
landslide, sinking and other natural catastrophes imposing threat to life as
defined in Clause 3, Article 87 of the Law on Land shall be done according to
the provisions set out in Clause 1, Article 79 of the Law on Land, Articles 6
and 22 hereof.
2. In case all or part of the land
used by households and individuals slides or sinks all of a sudden and the
remaining part is no longer usable, users thereof shall be arranged new land in
resettlement area as stipulated as follows:
a) Area of land shall be decided by
the province-level People’s committee based on specific local conditions but
not permitted to exceed the limit of allocation in the locality;
b) Payment of land levies,
exemption from land levies and other incentives shall be done according to the
provisions of the Decree on collection of land levies.
3. Compensation and support for area
of land expropriated shall be done as follows:
a) Paid by the State in case expropriation
results from natural catastrophes;
b) Paid by enterprises in case
life-threatening pollution to the area where the land is situated caused by
such enterprises; or paid by the State in case such enterprises close down or
go bankrupt.
Article 17. Compensation,
support upon expropriation for the implementation of investment projects
advocated and approved by the National Assembly and the Prime Minister
respectively
In case expropriation for the
implementation of investment projects advocated and approved by the National
Assembly and the Prime Minister respectively forces the movement of the entire
residential community imposing impacts on life and socio-economic activities as
well as cultural traditions of the community and such expropriation is related
to multiple provinces and cities affiliated to the Center, the compensation and
support shall be done as follows:
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The policy framework shall include
the following information:
a) Area of each type of land to be expropriated;
b) Number of land users in the area
subject to expropriation;
c) Planned compensation, support
for each type of land subject to expropriation; planned price of compensation
for each type of land and position;
d) Plan of resettlement (planned
number of households, location and manner of resettlement);
dd) Planned total amount of
compensation, support and resettlement and source of capital for
implementation;
e) Plan of movement and transfer of
site plan
2. The Ministry of Natural
Resources and Environment shall preside over and collaborate with relevant
agencies, organizations on appraising the policy framework before making submission
to the Prime Minister for decision.
3. Based on the policy framework
approved by the Prime Minister, relevant Ministries and Departments shall
organize formulation, appraisal and approval of the plan for compensation, support,
and resettlement for the entire project.
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Article 18.
Compensation for movement of tombs, graves
For movement of tombs and graves other
than the cases as defined in Clause 1, Article 8 hereof, persons to which such
tombs and graves belong shall be compensated new land, expenses for movement
and construction of new tombs and graves and other relevant expenses. The
province-level People’s committee shall decide specific compensation according
to customs and reality in the locality.
Article 19. Support
for living and production stabilization upon expropriation by the State
Providing support for living and
production stabilization upon expropriation by the State as defined in Point a,
Clause 2, Article 83 of the Law on Land shall be done as follows:
1. Subjects to receive support
include:
a) Households and individuals who
were allocated agricultural land according to the State under the Government’s
Decree No. 64/CP dated September 27, 1993 promulgating a statute on allocation
of agricultural land to households and individuals for stable and long-term
agricultural production; the Government’s Decree No. 85/1999/ND-CP dated August
28, 1999 amending and supplementing some articles of the aforesaid statute on
allocation of agricultural land to households and individuals for stable and
long-term agricultural production and supplementing allocation of salt
production land to households and individuals for stable and long-term use,
supplementing allocation of forestland according to the Government’s Decree No.
02/CP dated January 15, 1994 promulgating a statute on allocation of forestland
to organizations, households and individuals for stable and long-term forest
production; the Government’s Decree No. 163/1999/ND-CP dated November 16, 1999
on allocation, lease of forestland to organizations, households and individuals
for stable and long-term forest production; the Government’s Decree No.
181/2004/ND-CP dated October 29, 2004 on the implementation of the Law on Land;
b) Members of the households as
defined in Point a of this Clause but arising after the time of allocation of
land to such households.
c) Households and individuals who
are eligible for allocation of agricultural land as defined in Point a of this
Clause but are not yet granted the allocation of land and are currently using
the agricultural land from transfer, inheritance, gifts and reclaimation
according to the provisions of law confirmed by the People’s Committee of the
commune where expropriation takes place as developing production on such
agricultural land;
d) Households and individuals who
are currently using land allocated from state-run farms, plantations for
agricultural, forestry and aquaculture production (excluding specialized
forestland, protective forestland) and are also officials and public servants
(still working, retired on a pension, retired due to loss of capacity for work,
retired on redundancy payments); households and individuals who are currently developing
agricultural production and earning stable income on such land;
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2. Conditions for receipt of support
for living and production stabilization:
a) Households and individuals,
economic organizations, foreign-invested enterprises who currently use the
land, being subjects as defined in Clause 1 of this Article, already granted
the Certificate of land use right or eligible for issuance of Certificate of
land use right, ownership of land-linked houses and properties as defined in
Articles 100, 101 and 102 of the Law on Land except otherwise as regulated in
Point b of this Clause;
b) Households and individuals who
currently use the land allocated from state-run farms, plantations for
agricultural, forestry and aquaculture production (excluding specialized forestland,
protective forestland) as defined in Point d, Clause 1 of this Article and have
a contract of land allocation.
3. Providing support for living stabilization
toward those as defined in Points a, b, c and d, Clause 1 of this Article is
done as follows:
a) In case from 30% to 70% of agricultural
land is expropriated, support shall be provided for a period of six months if residence
is not moved and a period of twelve months if residence is moved; in case
residence is moved to areas of extreme socio-economic difficulties, support
shall be provided for a maximum of 24 months.
In case over 70% of agricultural
land is expropriated, support shall be provided for a period of twelve months
if residence is not moved and a period of 24 months if residence is moved; in
case residence is moved to areas of extreme socio-economic difficulties, support
shall be provided for a maximum of 36 months;
b) Area of expropriated land as
defined in Point a of this Clause shall be determined according to each expropriation
decision made by the People’s Committee of competent authorities;
c) One member of households as
defined in Points a and b of this Clause shall receive support in money
(equivalent to 30 kilogram of rice per month)
4. Providing support for production
stabilization shall be done as follows:
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b) Economic organizations,
households and individuals doing in business, foreign-invested enterprises as
defined in Point dd, Clause 1 of this Article shall be supported in money for
production stabilization (a maximum of 30% of income after tax according to
average income of three most recent years).
Income after tax is determined on
financial statement audited or approved by tax agency; in case financial statement
is not audited or approved by tax agency, income after tax shall be based on
income declared on the financial statement and annual production performance
report sent to tax agency.
5. Households and individuals who
currently use the land allocated from state-run farms, plantations for
agricultural, forestry and aquaculture production, being subjects as defined in
Point d, Clause 1 of this Article shall be supported in money for living and
production stabilization.
6. Employees hired by economic
organizations, households and individuals doing business, foreign-invested
enterprises as defined in Point dd, Clause 1 of this Article under labor
contract shall receive support for six months in the form of severance pay
according to the provisions of the law on labor.
7. The
province-level People’s committee shall decide level of compensation, duration
of payment of compensation in accordance with local specific circumstances.
Article 20. Support
in training, occupational change and job seeking to households and individuals directly
involved in agricultural production upon expropriation of agricultural land
1. For households and individuals
directly involved in agricultural production development as defined in Points
a, b, c and d, Clause 1, Article 19 of this Decree (except households and
individuals as officials and public servants from state-run farms, plantations
who are retired on a pension, retired due to loss of capacity for work and
retired on redundancy payments), upon expropriation, compensation shall be made
in the form of support in training, occupational change and job seeking in
addition to the compensation in money made for the area of agricultural land expropriated.
a) Compensation in money should not
exceed five times the price of agricultural land of the same type in the land
price list promulgated by local authorities with respect to all agricultural
land subject to expropriation; the area for which support shall be provided
should not exceed the limit of allocation in the locality;
b) Level of compensation shall be
decided by the province-level People’s committee based on actual circumstances
in the locality.
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3. The
province-level People’s committee shall rely on the policy on jobs and occupational
training decided by the Prime Minister to direct formulation and implementation
of the plan for training, occupational change and job seeking to working-age
population in the locality. The plan for training, occupational change and job
seeking shall be formulated and approved at the same time with the plan for
compensation, support, and resettlement. During the formulation of the plan for
training, occupational change and job seeking, consultation should be made with
persons whose land is subject to expropriation.
Article 21. Support
in training, occupation change and job seeking to households and individuals whose
inhabited land linked with business and services thereon is subject to expropriation
1. Households and individuals whose
inhabited land linked with business and services thereon is subject to expropriation
and forced to move residence shall be supported in training, occupational
change and job seeking according to the provisions set out in Point b, Clause
2, Article 83 of the Law on Land.
2. The Ministry of Labor, Invalids
and Social Affairs shall preside over and collaborate with relevant Ministries
and Departments on making submission to the Prime Minister for decision about a
policy on jobs and occupational training to existing working-age population of
households and individuals whose land is subject to expropriation.
3. The
province-level People’s committee shall rely on the policy on jobs and
occupational training decided by the Prime Minister and actual circumstances in
the locality to decide level of compensation as appropriate for each household
and individual whose land is subject to expropriation.
Article 22.
Compensation in the form of resettlement to households, individuals, overseas
Vietnamese whose land is subject to expropriation and forced to move residence
Providing support in resettlement to
households, individuals and overseas Vietnamese whose land is subject to expropriation
and forced to move residence as defined in Point a, Clause 2, Article 83 of the
Law on Land is done as follows:
1. Upon receipt of inhabited land
and resettlement houses as compensation, in case the compensation in the form
of land is less than value of an approved minimum resettlement allotment (hereinafter
referred to as an allotment) as defined in Article 27 hereof, the difference
between the compensation in the form of land and the value of an allotment
shall be paid to households, individuals, and overseas Vietnamese as mentioned
above.
2. Households and individuals,
overseas Vietnamese who manage residence themselves shall receive support in
resettlement in addition to the compensation in the form of land. The
province-level People’s committee shall rely on the area expropriated, number
of population of households and local specific circumstances to decide level of
compensation as appropriate;
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In case houses not owned by the
State are subject to expropriation and households and individuals as lessees
thereon are forced to move residence, compensation for expenses for movement of
belongings shall be made according to the provisions prescribed by the
province-level People’s committee.
Article 24.
Compensation for public land owned by communes, wards and towns upon expropriation
Compensation shall be made for public
land owned by communes, wards and towns upon expropriation and level of
compensation shall be decided by the province-level People’s committee; Such
compensation shall be paid to the state budget and included in the communes,
wards and towns’ annual budget estimates and only used for investment in
infrastructural constructions and for communes, wards and towns’ common
purposes.
Article 25.
Other support to land users upon expropriation
In addition to support as defined
in Articles 19, 20, 21, 22, 23 and 24 hereof and based on actual circumstances
in the locality, President of the province-level People’s committee shall
decide other support measures to ensure residence, living and production
stabilization and fairness to those whose land is expropriated; in case an
agricultural land on which households and individuals develop agricultural
production is subject to expropriation and is found ineligible for compensation
as defined in Article 75 of the Law on Land, the province-level People’s committee
shall rely on actual circumstances in the locality to consider compensation as
appropriate or to make submission to the Prime Minister for decision in case of
necessity.
Article 26.
Formulation and implementation of resettlement projects
Formulation and implementation of
resettlement projects as stipulated in Article 85 of the Law on Land shall be
done as follows:
1. Resettlement projects shall be
formulated and approved independently of the plan for compensation, support and
resettlement but availability of inhabited land, resettlement houses should be
ensured before competent authorities decide expropriation.
2. Formulation of resettlement
projects and selection of investors shall be done according to the law on development
and management of resettlement houses ensure compliance with the provisions set
out in Clauses 2, 3, Article 69 of the Law on Land.
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4. As for projects of concentrated resettlement
area with construction phases according to sub-projects, progress of land expropriation
and construction of houses or infrastructure of the resettlement area shall
follow progress of each sub-project and connection of infrastructural works of
individual sub-projects to common technical infrastructure of the resettlement
area must ensure strict compliance with the detailed planning approved by
competent authorities.
5. Ensuring expenditures for the
implementation of resettlement projects shall be done according to Article 32
hereof.
Article 27. An
allotment
1. An allotment as prescribed in
Clause 4, Article 86 of the Law on Land shall be defined in the form of
inhabited land, houses or money to suit the choice of persons arranged for
resettlement.
2. In
case an allotment is defined in the form of inhabited land, houses, area of
resettlement land should not be less than minimum area approved of partition in
the locality and area of resettlement house should not be less than minimum
area of an apartment as defined by the Law on houses.
In
case an allotment is defined in the form of houses, area of a resettlement
house should not be less than minimum area of an apartment according to the
provisions of the Law on houses.
In case an allotment is defined in
the form of money, a sum of money for an allotment shall be equal to value of
an allotment defined in the form of inhabited land, houses in the resettlement
area.
3. Based on the provisions set out
in Clauses 1, 2 of this Article and actual circumstances in the locality, the
province-level People’s committee shall decide an allotment in the form of
inhabited land, houses and money.
Article 28.
Plan for compensation, support, and resettlement upon expropriation by the
State for the implementation of projects other than the case as defined in
Article 17 hereof
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a) Full name and address of person
whose land is expropriated;
b) Area, type of land, origin of expropriated
land; existing quantity and value of properties linked to land subject to loss;
c) Foundations for calculation of
compensation, support such as land price, house price, construction price,
number of household members, number of working-age people, number of people
entitled to welfare payment;
d) Amount of compensation, support;
dd) Expenses for formulation and
implementation of compensation and site clearance;
e) Resettlement arrangement;
g) Movement of construction works
owned by the State, organizations, religious establishments and residential
community;
h) Movement of tombs, graves
2. Collecting suggestions about the
plan for compensation, support, and resettlement as defined in Clause 1 hereof
shall be done according to the provisions set out in Clause 2, Article 69 of
the Law on Land. All the suggestions contributed by residents in the area when expropriation
takes places must be welcomed and sealed for at least 20 days.
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1. Based on scale of expropriation
for the implementation of investment projects, competent agencies that approve
the investment project shall divide the content of compensation, support, and
resettlement into sub-projects and implement them independently.
2. The
province-level People’s committee shall be responsible for organizing expropriation,
compensation, support, and resettlement for investment projects that are initiated
by the ministries, ministerial-level agencies, Governmental agencies, economic
groups, corporations, central-affiliated public service providers.
3. Relevant Ministries and
Departments shall be responsible for collaborating with the province-level
People’s committee and organizations in charge of compensation and site
clearance during the implementation, ensuring expenditures for compensation, support
and resettlement according to the provisions of law.
Article 30.
Payment for compensation, support and resettlement
1. Deduction of an amount as
financial obligation to land use unfulfilled by land users from the amount of
compensation as defined in Clause 4, Article 93 of the Law on Land shall be
done as follows:
a) An amount as financial
obligation to land use unfulfilled consists of land levies, land rent that are
still unpaid to the State till the date of expropriation;
b) An amount as financial
obligation to land use unfulfilled by users as defined in Point a shall be
determined according to the provisions of the law on collection of land levies;
land rent and water surface rent.
In case such unpaid amount as
financial obligation to land use to the date of issuance of expropriation
decision is more than the amount of compensation, households and individuals as
land users shall be permitted debits for such difference; after resettlement house
has been arranged to households and individuals and the difference after
subtracting amount of compensation from amount for allocation of inhabited land
and houses in the resettlement area is less than the unpaid amount as financial
obligation to land use, households and individuals shall be permitted debits
for such difference;
c) Amount of compensation
subtracted from unpaid amount as financial obligation include amount of
compensation for land and the remaining land-related investment expense (if
any). Amounts of compensation for movement, losses caused to properties,
suspension of business and production and others shall not be subtracted from
unpaid amount as financial obligation to land use.
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a) In case amount of compensation
for land is more than value of inhabited land, houses in the resettlement area,
persons subject to resettlement shall receive such difference.
b) In case amount of compensation
for land is less than value of inhabited land, houses in the resettlement area,
persons subject to resettlement shall pay such difference except otherwise as
regulated in Clause 1, Article 22 hereof.
3. In
case the area subject to expropriation is in dispute over land use right,
compensation and support for such area shall be transferred to State
Treasuries pending competent authorities’ decision and paid back to its real
user after the case is concluded.
4. Advances for compensation, support
and resettlement shall be made as follows:
a) Land development fund shall make
advances to organizations in charge of compensation and site clearance for the
establishment of a clean land fund used for allocation and lease of land
according to the model Statute on management and use of land development fund;
b) Any person who is allocated or
leased land to with land levies and land rent respectively under the Law on
Land volunteers to make advances for compensation, support and resettlement
according to the plan approved by competent agencies shall be paid back by
subtraction from land levies and land rent. Amount to be subtracted should not
exceed land levies, land rents; remaining amount (if any) shall be included in
the investment capital of the project.
If any person who is allocated or
leased land to with or without land levies or land rent according to the Law on
Land and exempted from land levies, land rent volunteers to make advances for
compensation, support, and resettlement according to the plan approved by
competent agencies, expenditures for compensation, support, and resettlement
shall be included in the investment capital of the project.
Article 31. Expenses
for the implementation of compensation, support and resettlement
1. Any organization in charge of
compensation and site clearance shall be responsible for making cost estimates
for the implementation of compensation, support, and resettlement on each
project as follows:
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b) For any expense that has no
limit, standard and unit price, cost estimates shall be made based on
characteristics of each project and actual circumstances in the locality;
c) Expenses for printed documents,
office supplies, petrol, logistic support and others… serving the management
system shall be calculated based on actual demand of each project.
2. Expenditure ensuring the
implementation of compensation and site clearance to be deducted shall not
exceed 2% of total expenditure for compensation and support for the project. For
any project that is implemented on the administrative division facing
socio-economic difficulties, linear infrastructure projects or any cases enforced
the audit, the organization charged with the implementation of compensation, support
and resettlement shall be permitted to make cost estimates for the
implementation of compensation, support, and resettlement for the project according
to actual work quantities without being restricted to 2% deduction.
Competent agencies who approve the
plan for compensation, support, and resettlement shall decide expenditures for
the implementation of compensation, support, and resettlement for each project
according to the law.
3. In case expropriation is
enforced, the organization charged with the implementation of compensation and
site clearance shall make cost estimates for the implementation of enforcement
and make submission to regulatory agencies for decision. Expenditures for the
implementation of land expropriation enforcement shall be arranged as follows:
a) For land that is allocated or
leased out without land levies and land rent, this expenditure shall be
included in the investment capital of the project;
b) For land that is expropriated to
form a clean land fund for allocation or lease of land via auction, this
expenditure shall be advanced from the land development fund;
c) In case investors volunteer to
make advances for compensation, support, and resettlement (including
expenditures for the implementation of expropriation enforcement), this
expenditure shall be subtracted from land levies, land rents.
4. The Ministry of Finance shall
instruct the formulation of cost estimation, use and final settlement of the
expenditures for the implementation of compensation, support, and resettlement.
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1. Expenditure for compensation, support,
and resettlement includes amount of compensation, support and resettlement for
the land expropriated for the implementation of the investment project,
expenses for the implementation of compensation, support, and resettlement and
others.
Determination of amount of
compensation, support, and resettlement shall follow the plan for compensation,
support, and resettlement approved by competent agencies.
2. Expenditure for compensation, support,
and resettlement upon expropriation by the State for the implementation of
projects as defined as follows:
a) Expenditure for the
implementation of compensation, support and resettlement shall be included in
the expenditure for the implementation of investment project;
b) Relevant Ministries and
Departments shall be responsible for ensuring expenditures for compensation, support,
and resettlement with respect to investment projects advocated and approved by
the National Assembly and the Prime Minister respectively and implemented by
the Ministries and Departments and other projects invested by the Ministries
and Departments;
c) The province-level People’s
committee shall be responsible for ensuring expenditures for compensation, support,
and resettlement with respect to projects decided by provincial People’s
Councils;
d) Any investor who volunteers to
make advances for compensation, support, and resettlement shall be responsible
for ensuring expenditures for the implementation of projects other than the
case as defined in Points b and c of this Clause.
Chapter 3.
IMPLEMENTATION
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1. Ministries, ministerial-level
agencies Governmental agencies, economic groups, corporations,
central-affiliated public service providers that initiate investment projects
shall be responsible for directing and investigating the implementation of
compensation, support, and resettlement; collaborating with the province-level
People’s committee and the organization charged with the implementation of
compensation and site clearance during the implementation; ensuring
expenditures for compensation, support, and resettlement according to the
provisions hereof.
2. The
province-level People’s committee shall be responsible for directing expropriation,
compensation, support, and resettlement according to the provisions hereof and
reporting results of the implementation of expropriation, compensation, support,
and resettlement to the Ministry of Natural Resources and Environment before
December 01 annually.
3. The Ministry of Natural
Resources and Environment shall be responsible for directing and investigating
the implementation of compensation, support, and resettlement according to the
provisions hereof and handling difficulties arising at the request of the
province-level People’s committee.
Article 34.
Handling of problems arising from the promulgation of the Decree
1. For project land that is subject
to expropriation by the State and the investor therein is permitted by the
province-level People’s committee to receive transfer of the land within the
project scope before July 01, 2014, the amount paid by the investor for the
transfer of land use right shall be subtracted from land levies and land rent
according to the law before July 01, 2014.
2. For project land before July 01,
2014 that is subject to expropriation due to misled and inefficient land use;
land is left unemployed for twelve months straight or progress of land use is
24 months later than the progress stated in the investment project and expropriated
by the People’s committee of competent authorities where expropriation takes
place, the handling of land levies, land rent and properties invested thereon
shall be done according to the provisions of the Law on Land before July 01,
2014; in case expropriation decision is not yet issued, the provisions set out
in Point i, Clause 4, Article 64 of the Law on Land shall be applied.
3. In case expropriation decision
is issued and the plan for compensation, support, and resettlement is approved
according to the provisions of the Law on Land before July 01, 2014, implementation
shall be based on the approved plan.
4. In case expropriation decision
is issued and the plan for compensation, support, and resettlement is not yet
approved before July 01, 2014, the followings shall be done:
a) For project the land for which
is subject to expropriation as defined in Articles 61 and 62 of the Law on Land
and the investor therein has met the conditions as defined in Clause 3, Article
58 of the Law on Land, the province-level People’s committee shall allow
formulation, appraisal and approval of the plan for compensation, support, and
resettlement according to the Law on Land in 2013;
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c) For project the land for which
is given green light by competent authorities for expropriation according to
progress, the State shall continue expropriation for the remaining area of land
and carry out formulation, appraisal and approval of the plan for compensation,
support, and resettlement under the Law on Land in 2013.
5. In case land used before July
01, 2014 and originally leased out by the State with land rent paid once for
the entire lease is expropriated, the users thereof shall not be compensated
for the land but be compensated for the expenses invested on such land
according to the provisions set out in the Decree No.197/2004/ND-CP dated
December 03, 20014 of the Government on compensation, support and resettlement
upon land expropriation by the State.
Article 35.
Effect
1. This Decree takes effect since
July 01, 2014.
2. This Decree shall replace the
Decree No. 197/2004/ND-CP dated December 03, 2004 of the Government on
compensation, support and resettlement upon land expropriation by the State.
Article 36.
Responsibilities for implementation
Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, President of the
People’s Committee of all levels, relevant organizations, individuals shall be
responsible for executing this Decree.
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