|
THE GOVERNMENT
--------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 88/2024/ND-CP
|
Hanoi, July 15, 2024
|
DECREE
ON
COMPENSATION, SUPPORT, AND RESETTLEMENT UPON LAND EXPROPRIATION BY STATE
Pursuant to the Law on Organization
of the Government dated June 19, 2015; the Law on amendments to the Law on
Organization of the Government and the Law on Organization of Local Governments
dated November 22, 2019;
Pursuant to the Land Law dated
January 18, 2024; the Law on amendments to the Land Law, the Housing Law, the
Law on Real Estate Business and the Law on Credit Institutions dated June 29,
2024;
At the request of the Minister of
Natural Resources and Environment;
The Government promulgates a Decree
on compensation, support, and resettlement upon land expropriation by state.
Chapter I
GENERAL PROVISIONS
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
This Decree elaborates and guides
the implementation of Clause 3, Article 87, Article 92, Article 94, Article 95,
Article 96, Article 98, Article 99, Article 100, Article 102, Article 106,
Article 107, Article 108, Article 109 and Article 111 of the Land Law regarding
compensation, support and resettlement upon land expropriation by state.
Compensation, support and
resettlement related to investment projects that renovate and rebuild apartment
buildings shall comply with the provisions of the law on housing.
Article 2. Regulated entities
1. State agencies that exercise powers
and responsibilities on behalf of the entire people as the owner of land, and
are responsible for the unified management of state land; as well as officials
working in land administration at the commune level; and entities or agencies
responsible for compensation, support, and resettlement (hereinafter referred
to as compensation agencies).
2. Expropriated land users and owners
of property on expropriated land.
3. Other entities related to
compensation, support and resettlement upon land expropriation by state.
Article 3. Preparation, appraisal
and approval of compensation, support, and settlement plans
1. Contents of a compensation, support,
and settlement plan (hereinafter referred to as compensation plan):
a) Total area of expropriated land
(summary of detailed plans in Clause 2 of this Article), area of each type of
expropriated land;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Plan for training, job conversion
and job search (if any);
d) Resettlement arrangement plan: number of households and individuals to be resettled,
resettlement areas, locations of resettlement areas, resettlement forms
(compensation either by land or by housing) (if any);
dd) Plan for relocation of graves
within the expropriated land area (if any);
e) Plan for relocation of
infrastructure works within the expropriated land area (if any);
g) Compensation, support and
resettlement costs including: amounts for
compensation, support and resettlement upon land expropriation by state; costs
to ensure the organization of compensation, support and resettlement and other
costs;
h) Progress of implementation of compensation
plans;
i) Detailed plan on compensation,
support and resettlement for each expropriated land user, property owner;
k) Other contents related to
compensation, support, resettlement (if any).
2. Detailed compensation plan for each
expropriated land user, property owner specified in Point i, Clause 1 of this
Article, including the following contents:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Location, area, type of land,
origin of expropriated land;
c) Type of property, quantity,
volume of property; remaining quality of damaged houses and construction works;
d) Land and property prices for
compensation;
dd) Support funds: support for stabilizing life (number of supported people,
support levels, support period); support for stabilizing production and
business; support for moving livestock; support for training, career conversion
and job search (supported land area, supported land prices); support for
resettlement; support for dismantling, demolition, relocation; other support
funds (if any);
e) Total compensation and support
amounts (hereinafter referred to as compensation amounts): compensation for land, compensation for property, compensation
for property relocation costs, compensation for investment costs in remaining
land, support amounts;
g) Location, area, land use fees
when allocating resettlement land, selling price of resettlement housing for
resettled people or allocating other land to households and individuals (if
any);
h) Location, land area when
allocating land, leasing land with the same purpose of use as the type of the
expropriated land for organizations; leasing land with the same purpose of use
as the type of expropriated land for households and individuals (if any);
i) Location, area, land use fees
upon compensation with land of a purpose different from that of the
expropriated land (hereinafter referred to as land of a different purpose) or
housing for households and individuals (if any);
k) Outstanding amount of
land-related financial obligations (if any);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
m) The amount of deferred land levy upon
resettlement land allocation (if any).
3. Within 30 days of receiving a
complete set of documents as required, the local land authority shall, in
coordination with relevant agencies, review and evaluate the compensation plan.
This plan shall then be submitted to the People's Committee at the same level
for approval. The appraisal of compensation plan
shall be carried out as follows:
a) Compensation agency shall send an
appraisal application, as prescribed in Point b of this Clause, to the relevant
appraisal agency;
b) The appraisal application
includes: an appraisal application form; draft
compensation plan; notice of land expropriation; detailed report on the
inventory, statistics, and classification of expropriated land area and related
assets; extract of cadastral map or cadastral measurement of expropriated land
plot; document determining the origin of expropriated land plot and property on
land; minutes of the meeting to collect opinions on the compensation plan (if
any);
c) Matters to be appraised: the compliance with legal provisions on compensation,
support and resettlement; procedures for compensation, support, resettlement
and other matters related to the compensation plan.
4. The competent authority or person
responsible for formulating, appraising, and approving the compensation plan
shall be accountable for the performance of their duties in accordance with the
law and shall not be held liable for the content of any documents or papers in
the application that have been previously approved, decided, or resolved by
another competent authority or person. The
form of the decision approving the compensation plan is attached as an Appendix
to this Decree.
Article 4. Compensation with land of
a different purpose or housing upon land expropriation by state as prescribed
in Clause 1, Article 96, Clause 1, Article 98, Clause 1, Article 99 of the Land
Law
1. The land price for calculating land
levies when compensation with land of a different purpose or housing for households,
individuals, and overseas Vietnamese who have been continuously using
residential land or owning housing attached to land use rights in Vietnam is
the land price determined according to the land price schedule at the time of
approval of the compensation plan. If the land is compensated through a lease
arrangement, and the rent is paid in a single lump sum for the entire lease
period, the land value used to determine the rent is the specific price set by
the competent People’s Committee at the time the compensation plan is approved.
For land expropriated from business
entities for purposes other than residential use, the specific land value used
for calculating land levies or rents shall be determined by the competent
People's Committee at the time the compensation plan is approved.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) If the compensation amount is
greater than the payable land levy, land rent or house purchase amount, the
expropriated land user is entitled to difference;
b) If the compensation amount is
less than the payable land levy, land rent or house purchase amount, the
expropriated land user must pay the difference.
3. The Province-level People's
Committee shall, based on the land fund, housing fund and actual situation in
the province, prescribe the conversion rate and requirements for compensation
with land of a different purpose or housing to compensate the expropriated land
user as prescribed in this Article.
Article 5. Other entities eligible
for land compensation and eligibility requirements for land compensation
stipulated in Clause 3, Article 95 of the Land Law
1. Households and individuals are still
entitled to land compensation although they have no land use rights documents provided
that they are eligible for a Certificate of land use rights and ownership of
property on land (hereinafter referred to as a Certificate of land use rights)
as stipulated in Clauses 1, 2, 3, 4, 5 and 6 of Article 138 of the Land Law.
2. Households and individuals are still
entitled to land compensation although they have violated land laws before July
1, 2014, provided that they have continued to use the land without any issues
since then (hereinafter referred to as use the land stably), and fall into
cases eligible for a Certificate of land use rights as stipulated in Clause 1, Point
a and Point c, Clause 2, Clause 3, Clause 4, Article 139 of the Land Law.
3. Households or individuals are still
entitled to land compensation although the land was allocated without proper
authorization under land law at the time of allocation, or the land was
acquired through the purchase, liquidation, Government valuation, or
distribution of housing and construction works on land not in accordance with
the law before July 1, 2014, provided that they have been stably using the land
since then.
Those who received land allocations
without proper authorization between July 1, 2014 and the effective of the Land
Law are still entitled to land compensation if they can provide proof of
payment for the land use.
4. Households or individuals whose land
use right certificates indicate a land classification that differs from the
classification stipulated in Article 9 of the Land Law or the actual land use,
shall be compensated based on the reclassified land type as prescribed in
Clause 2 of Article 10 of the Land Law.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 6. Compensation upon land
expropriation by state in cases where the actual measured area is different
from the area recorded on the land use right documents
For households or individuals whose
land is being expropriated by the state, if the actual measured area differs
from the area stated on the land use right certificate, the housing and land
use right certificate, the land use right certificate, the house ownership and
other property on land certificate, or the land use right certificate and other
property on land certificate (hereinafter referred to as
"certificate") or the document stipulated in Article 137 of the Land
Law, land compensation shall be made as follows:
1. If the actual measured area is
smaller than the area stated on the land use right certificate or the document
stipulated in Article 137 of the Land Law, land compensation shall be based on
the actual measured area as prescribed in Clause 6 of Article 135 of the Land
Law.
In cases where the actual
measurement for land expropriation has been completed but subsequently, due to
natural disasters, landslides or subsidence, the area of the measured plot of
land has changed at the time of formulating the compensation plan, the measured
data shall be used to formulate the compensation plan.
2. In cases where the actual measured
area is larger than the area stated on the land use right certificate or the
document stipulated in Article 137 of the Land Law, and there is no dispute
with neighboring land users, the compensation area shall be determined based on
the actual measured area as prescribed in Clause 6 of Article 135 of the Land
Law.
3. If the location and coordinates
specified in the land use right certificate or the document stipulated in
Article 137 of the Land Law are incorrect, the compensation shall be determined
based on the correct location and coordinates as established through actual
measurement.
Article 7. Compensation, support and
resettlement upon land expropriation by state in special cases
1. For investment projects as
stipulated in Clause 1, Article 92 of the Land Law that require specific
policies on compensation, support, and resettlement, the Province-level People's
Committee shall consider and submit to the People's Council at the same level
for a decision on specific policies on compensation, support, and resettlement
suitable for each project and the actual conditions of the province, based on
the investment project that has been decided and approved in terms of
investment policy by the National Assembly or the Prime Minister.
2. When the State expropriates land
from a people's armed force that is using land as prescribed in Clause b,
Paragraph 3, Article 92 of the Land Law, it shall be provided with a new
location or the land use shall be converted in accordance with the national
defense land use planning, security land use planning, or as prescribed in
Clause 2, Article 84 of the Land Law.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. In cases where land is expropriated
due to a risk of threat to human life or the land is no longer usable as
prescribed in Clause 3, Article 82 of the Land Law, households and individuals
shall be compensated according to Articles 8, 9, 10, 11, 12, 13, 14, 15, 16 and
17 of this Decree.
4. The budget for compensation and
support in the cases stipulated in Clause 3 of this Article shall be
implemented as follows:
a) The state budget shall be used to
compensate for cases of land expropriation in areas at risk of landslides,
subsidence, or other natural disasters that threaten human life; or other land
that has been eroded, subsided, or affected by other natural disasters that can
no longer be used as prescribed in Point b, Clause 3, Article 82 of the Land
Law;
b) If an organization or individual
causes environmental pollution to such an extent that the land is severely
contaminated, posing a threat to human life and becoming unusable for its
intended purpose, then that organization or individual shall be liable for
compensation. In the event that the organization
has been dissolved or bankrupt, the state budget shall pay the compensation.
Chapter II
DETAILED REGULATIONS ON
COMPENSATION, SUPPORT, AND RESETTLEMENT UPON LAND EXPROPRIATION BY STATE
Section 1. COMPENSATION FOR
RESIDENTIAL LAND AND OTHER LAND IN LAND PLOTS WITH HOUSES, HOUSES AND SUPPORTING
FACILITIES
Article 8. Land compensation for
households and individuals using land with houses, land with houses and supporting
facilities, households and individuals using residential land in disadvantaged
areas, severely disadvantaged areas before July 1, 2014, without land use right
documents
1. Households or individuals who have
been continuously using land with houses, land with houses and supporting
facilities since before December 18, 1980, without any land use right
documents, if they meet the compensation conditions stipulated in Clause 1,
Article 5 of this Decree, shall be compensated for land as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
If the area of the land with houses,
the land with houses and supporting facilities is greater than the maximum recognized
residential land area as stipulated in Clause 5, Article 141 of the Land Law,
when the State expropriates the land, house, or supporting facility,
compensation shall be made based on the actual constructed land area. However,
the amount of land use fee that would have been paid when obtaining a land use
right certificate for the exceeding land area at the time the compensation plan
is approved shall be deducted.
b) In the case of the complete or
partial expropriation of the land plot with houses, the land plot with the
houses or supporting facilities, where the land plot area is smaller than the residential
land recognition limit as stipulated in Clause 5 Article 141 of the Land Law,
compensation shall be made for the entire expropriated land area;
c) In the case of the expropriation
of land areas used for non-agricultural production, business, commerce, or
service purposes, compensation shall be made based on the actual expropriated
land area. The type of land for compensation shall be applied as the land
granted by the State with land levies, with a long-term stable land use
duration.
d) For the remaining land area of
the plot that is not compensated for residential land and non-agricultural
production land, commercial land, or service land as stipulated in points a and
c of this clause, compensation shall be made according to the agricultural land
type.
2. Households or individuals who have
been continuously using land with houses, land with houses and supporting
facilities from December 18, 1980, to before October 15, 1993, without any land
use right documents, if they meet the compensation conditions stipulated in
Clause 1, Article 5 of this Decree, shall be compensated for land as follows:
a) In the case of the complete or
partial expropriation of the land with houses, land with houses or supporting
facilities, where the expropriated area of the land plot is equal to or larger
than the residential land recognition limit as stipulated in Clause 5 Article
141 of the Land Law, compensation shall be made at the level of the recognized
residential land area.
If the area of the land with houses,
the land with houses and supporting facilities is greater than the maximum recognized
residential land area as stipulated in Clause 5, Article 141 of the Land Law,
when the State expropriates the land, house, or supporting facility,
compensation shall be made based on the actual constructed land area. However,
the amount of land use fee that would have been paid when obtaining a land use
right certificate for the exceeding land area at the time the compensation plan
is approved shall be deducted;
b) In the case of the complete or
partial expropriation of the land plot with houses, the land plot with the
houses or supporting facilities, where the expropriated land plot is smaller
than the residential land recognition limit as stipulated in Clause 5 Article
141 of the Land Law, compensation shall be made for the entire expropriated
residential land area;
c) In the case of the expropriation
of land areas used for non-agricultural production, business, commerce, or
service purposes, compensation shall be made based on the actual expropriated
land area. The type of land for compensation shall be applied as the land
granted by the State with land levies, with a long-term stable land use
duration;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Households or individuals who have
been continuously using land with houses, land with houses and supporting
facilities from December 15, 1993 to before July 1, 2014, without any land use
right documents, if they meet the compensation conditions stipulated in Clause
1, Article 5 of this Decree, shall be compensated for land as follows:
a) In the case of the complete or
partial expropriation of the land with houses, land with houses or supporting
facilities, where the expropriated area of the land plot is equal to or larger
than the residential land allocation limit as stipulated in Clause 2 Article
195 and Clause 2 Article 196 of the Land Law, compensation shall be made at the
level of the recognized residential land area.
If the area of the land with houses,
the land with houses and supporting facilities is greater than the residential
land allocation limit, compensation shall be made based on the actual
constructed land area;
b) In the case of the complete or
partial expropriation of the land plot with houses, the land plot with the
houses or supporting facilities, where the expropriated land plot is smaller
than the residential land allocation limit as stipulated in Clause 2 Article
195 and Clause 2 Article 196 of the Land Law, compensation shall be made for
the entire expropriated residential land area;
c) In the case of the expropriation
of land areas used for non-agricultural production, business, commerce, or
service purposes, compensation shall be made based on the actual expropriated
land area. The type of land for compensation shall be applied as the land
granted by the State with land levies, with a long-term stable land use
duration;
d) For the remaining land area of
the plot that is not compensated for residential land and non-agricultural
production land, commercial land, or service land as stipulated in points a and
c of this clause, compensation shall be made according to the agricultural land
type.
4. Households or individuals who are
eligible to be allocated agricultural land as stipulated in Clause 1, Article
118 of the Land Law, and have been stably using residential land before July 1,
2014, without any land use right documents, and are registered as permanent
residents in disadvantaged areas or extremely disadvantaged areas, if they meet
the compensation requirements stipulated in Clause 1, Article 5 of this Decree,
shall be compensated for residential land; the compensated residential land
area shall be determined as prescribed in Clauses 1, 2, and 3 of this Article.
5. Disadvantaged areas or extremely
disadvantaged areas refer to administrative divisions at the district, commune
level, or smaller levels such as hamlets, villages, neighborhoods, and similar
population points as defined or decided by the Government, the Prime Minister,
or individuals authorized by the Government or the Prime Minister.
Article 9. Land compensation for households
and individuals who are using land for housing in violation of land law before
July 1, 2014
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. If a plot of land with a house has
been stably used before October 15, 1993, then the area of land to be
compensated shall be equal to the actual area of land being expropriated, but
shall not exceed the residential land recognition limit prescribed by the local
authority.
2. If a plot of land with a house has
been stably used before October 15, 1993 to before July 1, 2014, then the area
of land to be compensated shall be equal to the actual area of land being
expropriated, but shall not exceed the residential land allocation limit
prescribed by the local authority.
3. If a plot of land with a house has a
residential area that exceeds the residential land recognition limit or
residential land allocation limit as stipulated in Clauses 1 and 2 of this
Article, then compensation for the land shall be based on the actual area of
the land used for housing that is being expropriated.
4. If, from July 1, 2014 onwards, a
household or individual illegally occupies or encroaches upon land for housing
purposes, the State shall not provide any land compensation.
Article 10. Residential land
compensation for households and individuals who are using land that was granted
without proper authority before the effective date of the Land Law
Households or individuals are still
entitled to land compensation although the land was allocated without proper
authorization, or the land was acquired through the purchase, liquidation,
Government valuation, or distribution of housing and construction works on land
not in accordance with the law before the effective date of the Land Law
provided that they meet the compensation requirements as prescribed in Clause
3, Article 5 of this Decree:
1. Land that has been stably used
before October 15, 1993, shall be compensated for in accordance with the
provisions of Clause 2, Article 8 of this Decree.
2. Land that has been stably used from
October 15, 1993, to before July 1, 2004, shall be compensated for in
accordance with the provisions of Clause 3, Article 8 of this Decree.
3. Land that has been stably used from
July 1, 2004, to before July 1, 2014, shall be compensated for as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) The remaining expropriated land
area (if any) that is not compensated according to Point a, Clause 3, Article 8
of this Decree shall be compensated according to the current land use
condition.
4. If a plot of land was granted from
July 1, 2014, to before the effective date of the Land Law, and there is
documentation proving that the land levy has been paid, land compensation shall
be paid according to Clause 3, Article 8 of this Decree.
Article 11. Compensation upon
residential land expropriation by state prescribed in Article 98 of the Land
Law
1. When the State expropriates
residential land in Vietnam from households, individuals, and overseas
Vietnamese who have been continuously using residential land or owning housing
attached to land use rights in Vietnam, they shall compensated in the form of
residential land, housing, money, or land with a different purpose, if they
meet the requirements for compensation as prescribed in Clauses 1 and 2,
Article 95 of the Land Law or Article 5 of this Decree.
2. When the State expropriates
residential land in Vietnam from households, individuals, and overseas
Vietnamese who have been continuously using residential land or owning housing
attached to land use rights in Vietnam, they shall compensate as follows if
they meet the requirements for compensation:
a) If the entire residential land is
expropriated or the remaining residential land area of the land plot after
expropriation is smaller than the minimum area prescribed by the Province-level
People's Committee regarding the minimum area in Clause 2, Article 220 of the
Land Law, and the household or individual has no other residential land or
house in the commune, ward or town where the expropriated land is located, they
shall be compensated with residential land or resettlement housing;
b) If the entire residential land is
expropriated or the remaining residential land area of the land plot after
expropriation is smaller than the minimum area prescribed by the Province-level
People's Committee regarding the minimum area in Clause 2, Article 220 of the Land
Law, and the household or individual has other residential land or house in the
commune, ward or town where the expropriated land is located, they shall be
compensated with money or residential land or house or other land if the
locality has sufficient land fund and housing fund.
Section 2. COMPENSATION FOR
AGRICULTURAL LAND AND NON-AGRICULTURAL LAND NOT FOR RESIDENTIAL PURPOSES
Article 12. Land compensation for
households and individuals using land for agricultural purposes
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. In cases where land was used in
violation of land law before July 1, 2014, if they meet the requirements for
compensation as prescribed in Clause 2, Article 5 of this Decree, they shall be
compensated for the expropriated land area, but shall not exceed the maximum
limit for the allocation of agricultural land to individuals as prescribed in
Article 176 of the Land Law.
For agricultural land that has been
stably used due to self-reclamation, compensation for land shall be made in
accordance with the limit for the allocation of agricultural land as prescribed
by the Province-level People's Committee.
3. In cases where land was allocated
without proper authorization before July 1, 2014, if they meet the requirements
for compensation as prescribed in Clause 3, Article 5 of this Decree, they
shall be compensated for the expropriated land area, but shall not exceed the
maximum limit for the allocation of agricultural land to individuals as
prescribed in Article 176 of the Land Law.
4. For the agricultural land area that
has been stably used before July 1, 2004, by households and individuals
directly engaged in agricultural production but do not fully meet the
requirements to be granted a land use right certificate, the settlement shall
be as follows:
a) In cases where land is used
without a land use right certificate, if the expropriated land area exceeds the
compensation area prescribed in Clause 1 of this Article, the compensation area
shall be equal to the actual expropriated land area;
b) In cases where land use violates
land law, if the expropriated land area exceeds the compensation area
prescribed in Clause 2 of this Article, the remaining land area shall be
considered for support as prescribed in Clause 7 of this Article;
c) In cases where land was allocated
without proper authorization, if the expropriated land area exceeds the
compensation area prescribed in Clause 3 of this Article, the remaining land
area shall be considered for support as prescribed in Clause 7 of this Article.
5. For the agricultural land area that
was transferred in excess of the limit before July 1, 2014, the compensation
and support shall be as follows:
a) In the case of the transferor
belonging to the cases prescribed in Clause 2, Article 95 of the Land Law, the
transferee shall be compensated for the actual expropriated area;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
6. When compensating for agricultural
land being used by households and individuals due to land allocation,
recognition of land use rights, or transfer of land use rights as prescribed by
law, the land use term for compensation calculation shall be applied according
to the land use term prescribed in Point a, Clause 1, Article 172 of the Land
Law, without deducting the previously used time.
7. For the remaining area of the
expropriated land plot that is not eligible for land compensation as stipulated
in Clauses 1, 2, 3, 4, and 5 of this Article, the Province-level People's
Committee shall decide on other forms of support for each specific project
based on the actual local situation.
Article 13. Compensation for
non-agricultural land other than residential land upon land expropriation by
state
1. Households or individuals who were
using land for non-agricultural production, business, commerce, or services
before July 1, 2014, and do not have any documents proving land use rights, if
they meet the requirements for compensation as prescribed in Clause 1, Article
5 of this Decree, shall be compensated for the expropriated used area; the type
of land for compensation shall be applied as in the case of land granted by the
State with land levies, with a long-term stable land use term.
2. If before July 1, 2014, a household
or individual was using land for non-agricultural production, business,
commerce, or services in violation of land law, but meets the requirements for
compensation as prescribed in Clause 2, Article 5 of this Decree, such person
shall still be compensated for the expropriated used area; the type of land for
compensation shall be applied as in the case of land granted by the State with
land levies, with a long-term stable land use term.
3. If before the Land Law came into
effect, a household or individual was granted land for non-agricultural
purposes (not for residential) but the land was allocated without proper
authorization, or the land was acquired through the purchase, liquidation,
Government valuation, or distribution of housing and construction works on land
not in accordance with the regulations, and if they meet the requirements for
compensation as prescribed in Clause 3, Article 5 of this Decree, the
compensation for the expropriated land shall be implemented as follows:
a) Land that has been stably used
before October 15, 1993, shall be compensated in accordance with the provisions
of Point c Clause 2, Article 8 of this Decree;
b) Land that has been used stably
from October 15, 1993 to before July 1, 2014, shall be compensated in accordance
with point c, clause 3, Article 8 of this Decree;
c) In cases where land was allocated
from July 1, 2014 to before the Land Law came into effect, and there is
documentation proving that the land levy has been paid, compensation for the
land shall be made in accordance with point c, clause 3, Article 8 of this
Decree.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) In cases where compensation is
made by land with the same purpose as the expropriated land, the land use term
of the compensated land shall be the remaining land use term of the
expropriated land. If the land user wishes to extend
the land use term, the land use term shall be determined in accordance with
Article 172 of the Land Law, and the land user shall pay land levies or land
rents for the extended term beyond the remaining land use term of the
expropriated land;
b) In case of monetary compensation,
the determination shall be made in accordance with Clause 7 of this Article;
c) In case of compensation by land
with a different purpose of use or by housing, it shall be carried out in
accordance with Article 4 of this Decree.
5. In case of households and
individuals being compensated for land as prescribed in Clause 2, Article 99 of
the Land Law, the compensation shall be made as prescribed in Clause 4 of this
Article.
6.
If the land users
are compensated for land as prescribed in Article 100 of the Land Law, the
following shall apply:
a) Land compensation shall be
carried out in cases where the entire land area of the project is expropriated
or the remaining area after expropriation is insufficient for the project to
continue, and shall be carried out in accordance with point a, clause 4 of this
Article;
b) In the case of monetary
compensation, the amount of compensation shall be determined in accordance with
Clause 7 of this Article.
7.
In the case where a
person is using non-agricultural land that is not residential land and is
subject to a time-limited land use right, and is compensated in money as
prescribed in this Article, the determination shall be as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Tbt: Amount of compensation;
G: Specific land price at the time
of approval of the compensation plan;
S: Area of expropriated land;
T1: Land use term;
T2: Remaining land use term: equal to (=) land use term minus (-) land use term
calculated up to the time of approval of the compensation plan.
8. Households and individuals using
land for commerce, services, non-agricultural production, or other
non-agricultural purposes with a stable long-term land use right, who are
eligible for compensation as prescribed when the State expropriates the land,
shall be compensated according to the type of expropriated land as stipulated
in Clause 4, Article 171 of the Land Law.
9. For the remaining area of the
expropriated land plot that is not eligible for land compensation as stipulated
in Clauses 1, 2, and 3 of this Article, the Province-level People's Committee
shall decide on other forms of support for each specific project based on the
actual local situation.
Section 3. COMPENSATION FOR DAMAGE
TO ASSETS AND INVESTMENT COSTS IN REMAINING LAND
Article 14. Compensation for damage
to houses or construction works on land upon land expropriation by state
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) The compensation for houses or
construction works shall be equal to the current value of the damaged house or
construction work and an amount calculated as a percentage of the current value
of such house or construction.
The current value of the damaged
house or construction work shall be determined as prescribed in point b of this
clause.
The amount calculated as a
percentage of the current value of the house or construction work shall be
determined by the Province-level People's Committee, but the total compensation
shall not exceed 100% of the new construction value of a house or construction
with equivalent technical standards to the damaged house or construction;
b) The current value of the damaged
house or construction work shall be determined by the following formula:
Where:
Tgt: Current value of the damaged house or construction work;
G1: Value of newly built damaged
house or construction work with equivalent technical standards as prescribed in
the law on construction;
T: Depreciation period applicable to
damaged house or construction work;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) If a house or other construction
work is dismantled or partially demolished but the remaining part is still
usable, compensation shall be paid for the value of the demolished part and the
cost of repairing and completing the remaining part to a standard equivalent to
that of the house or construction before dismantlement or demolition;
d) For houses or construction works
that do not meet the technical standards prescribed by specialized law, the Province-level
People's Committee shall prescribe specific compensation amounts suitable to
the actual circumstances of the province.
2. If the house, other construction
work, technical infrastructure, social infrastructure, or other property is
state-owned property, after the dismantlement or demolition of the house,
construction, or property as prescribed in clauses 2 and 3 of Article 102 of
the Land Law, if there are any reusable materials, assets, or property, they
shall be sold.
The compensation agency shall be
responsible for selling the expropriated materials, assets, and property as
prescribed in this clause. The sale shall be conducted in the same manner as
the sale of expropriated materials from the liquidation of state assets in a state
agency as prescribed by law on the management and use of state property. The proceeds from the sale of expropriated materials,
assets, and property, after deducting related selling expenses, shall be
deposited into the local state budget.
Article 15. Compensation and support
for the relocation of graves upon land expropriation by state
1. Province-level People's Committees
and District-level People's Committees shall be responsible for allocating land
in planned cemeteries for the relocation of graves when land is expropriated.
2. For graves within the expropriated
land that must be relocated, compensation shall be paid for following costs: excavation, removal, relocation, new construction, and other
reasonable costs directly related to the relocation of graves to a new location
in the local planned cemetery; in cases where families arrange for the
relocation of graves outside the designated area, financial support shall be
provided.
If the district, city, or town under
a centrally-affiliated city, or the town or city under a province where the
land is expropriated no longer has land in cemeteries, the Province-level
People’s Committee shall be responsible for reviewing the land fund in other
administrative divisions at the district level to arrange for the relocation of
graves and shall prescribe support policies to encourage cremation and the
preservation of ashes at ash-keeping facilities in order to implement a
civilized lifestyle, ensure the efficient, sustainable, and economical use of
land, and contribute to environmental protection.
The Province-level People’s
Committee shall prescribe the compensation and support levels in this clause in
accordance with local customs and practices.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 16. Compensation for
self-renovated and repaired housing costs for those using state-owned housing
within the land expropriation area that requires demolition
If a person is using a state-owned
house (rented house or house managed by a self-governing organization) that
falls within the land expropriation area and must be demolished, the tenant
shall not be compensated for the area of the state-owned house and the
unauthorized expanded area, but shall be compensated for the costs of
self-renovation, repair, and upgrading; the level of compensation shall be
determined by the Province-level People’s Committee.
Article 17. Compensation for
remaining land investment costs upon land expropriation by state
1. The remaining investment costs in
the expropriated land as prescribed in Clause 2, Article 107 of the Land Law
are the costs that the land user has invested in the land as prescribed in
Clause 7, Article 3 of the Land Law.
2. Conditions for determining remaining
investment costs in the expropriated land:
a) There are records and documents
proving that the investment in the land has been made;
b) If there are no documents or
invoices to prove the remaining investment costs in the expropriated land, the
Province-level People’s Committee shall, based on the actual circumstances in
the province, prescribe the method for determining such remaining investment
costs in the expropriated land.
3. Records and documents proving the
investment in the land specified in Point a, Clause 2 of this Article include
one of the following documents:
a) Documents, contracts for ground
leveling, land reclamation (if the land is allocated or leased by the state);
documents, contracts for land improvement, anti-erosion, anti-intrusion,
construction, land reinforcement (if the land is used as production and
business premises(;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Other documents and contracts
related to the investment in the land that is established at the time of
investment.
4. The remaining investment costs in
the expropriated land, except for the case specified in Clause 6 of this
Article, is determined as follows:
Where:
P: The remaining investment costs in the land;
P1: Ground leveling cost;
P2: Cost of improvement to increase
soil fertility, remove salinity, prevent erosion and intrusion for land used
for agricultural purposes;
P3: Cost of reinforcing the
load-bearing capacity to prevent vibration and subsidence of land for
production and business premises;
P4: Other related costs invested in
land suitable for the purpose of land use;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
T1: Land use term;
T2: Remaining land use term.
If the investment in the land is
made after the state allocates or leases the land, the land use term (T1) shall
be calculated from the time of investment in the land.
5. If an expropriated land user does
not have one of the documents specified in Clause 3 of this Article but has
actually invested in the land, they shall be compensated for the remaining
investment costs in the expropriated land as prescribed in Point b, Clause 2 of
this Article.
6.
The determination
of the remaining investment costs in the expropriated land in cases where
advance payments for compensation, support, and resettlement have not been
fully deducted from land levies or land rents as prescribed in Point d, Clause
2, Article 107 of the Land Law, and in cases of land lease with annual rent
payments but advance payments have been made for many years but the leased
period has not been used, shall be carried out in accordance with the
provisions of law on land levies and land rents.
Article 18. Compensation and support
for damage related to land within the safety protection corridor, protected
area, and safety belt when constructing works or areas with safety protection
corridors
1. Compensation for damage due to
limited land use within the safety protection corridor, protected area, and
safety belt as prescribed in Article 106 of the Land Law shall be carried out
as follows:
a) If the land use purpose is changed
from residential land to non-agricultural land or from residential land to
agricultural land, the level of compensation shall be determined as follows:
Tbt = (G1
- G2) x S
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Tbt: Compensation for damage;
G1: Average price per square meter
of residential land;
G2: Average price per square meter
of non-residential non-agricultural land or agricultural land;
S: Area of land with changed land use purpose;
b) If the land use purpose is
changed from non-residential non-agricultural land to agricultural land, the
level of compensation shall be determined as follows:
Tbt = (G3
- G4) x S
Where:
Tbt: Compensation for damage;
G3: Average price per square meter
of non-residential non-agricultural land;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
S: Area of land with changed land use purpose.
c) In cases where the land use
purpose is not changed but the land use capacity is limited, the determination
of the level of compensation shall be specifically prescribed by the People's
Committee of the province based on the actual circumstances of the province.
2. Houses, other construction works and
other property on land located within the safety protection corridor, protected
area, and safety belt that are damaged due to clearance shall be compensated at
the prescribed damage level.
3. When the safety protection corridor,
protected area, and safety belt occupy more than 70% of the land area of a plot
with houses or construction works, the remaining land area shall also be
compensated in accordance with Clauses 1 and 2 of this Article if the remaining
land area is smaller than the minimum area prescribed by the Province-level
People’s Committee for the minimum area under Clause 2, Article 220 of the Land
Law in the case of residential land or is insufficient to construct works
according to the regulations of specialized law in the case of land with
construction works.
4. Regarding residential land with
houses located within the safety protection corridor, protected area, and
safety belt of a construction project or an area with a safety protection
corridor that must be relocated pursuant to the decision of a competent state
agency, the land user and the owner of the house shall, in addition to being
compensated in accordance with Clause 1 of this Article, if needed, be arranged
for resettlement, compensated with relocation costs, and supported to stabilize
their lives and production.
Section 4. RESETTLEMENT SUPPORT AND
ARRANGEMENTS
Article 19. Livelihood stabilization
support upon land expropriation by state
1. Households and individuals using
agricultural land, if eligible for land compensation, will be supported to
stabilize their livelihoods.
a) If 30% to 70% of the agricultural
land currently in use is expropriated, support will be provided for 6 months if
no relocation is required and for 12 months if relocation is necessary. In
cases where it is necessary to relocate to a disadvantaged area or severely
disadvantaged area, the maximum support period is 24 months. If more than 70% of the agricultural land currently in use
is expropriated, support will be provided for 12 months if no relocation is
required and for 24 months if relocation is necessary. In cases where it is
necessary to relocate to a disadvantaged area or severely disadvantaged area,
the maximum support period is 36 months;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) The support amount for each
person as stipulated in points a and b of this clause shall be calculated in an
amount equivalent to 30 kg of rice per month based on the average market price
at the time of support in the locality.
2. In cases where households or
individuals using land as prescribed in Clause 1 of this Article have less than
30% of their agricultural land area expropriated; households or individuals
using land that are not eligible for land compensation or who have been
allocated land for agricultural, forestry, aquaculture, or salt production
purposes from state-owned farms, forestry enterprises, or agricultural,
forestry companies converted from state-owned farms, agricultural production
groups, or agricultural cooperatives and have a land allocation contract, the
Province-level People’s Committee shall decide on the support amount, support
period, and regular payment of support money to suit each specific case but
shall not exceed the support amount prescribed in Clause 1 of this Article.
Article 20. Support for stabilizing
production and business upon land expropriation by state
Support for stabilizing production
and business upon land expropriation by state as prescribed in Point b, Clause
1, Article 108 of the Land Law shall be implemented according to the following
provisions:
1. Entities eligible for support for
stabilizing production and business
a) Economic organizations,
households, individuals engaged in production and business, foreign-invested
economic organizations whose production and business have been suspended and
which are eligible for land compensation shall be supported to stabilize
production and business;
b) Households and individuals using
land that is allocated for agricultural, forestry, aquaculture, or salt
production purposes, which are subject to Clause 2, Article 19 of this Decree,
shall be supported to stabilize production.
2. Eligibility requirements for support
for stabilizing production and business
a) Households, individuals, economic
organizations, and foreign-invested economic organizations who are eligible for
land compensation;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Support for stabilizing production
and business is carried out as follows:
a) Households and individuals whose
agricultural land is expropriated shall be supported to stabilize production
and business as follows: support for crop and livestock seeds
for agricultural production, crop cultivation techniques, livestock breeding,
and technical services for production, business, commerce, and services;
b) Economic organizations,
households, or individuals engaged in production and business, foreign-invested
economic organizations that are subject to Clause 1 of this Article shall be
supported to stabilize production and business with a monetary amount of up to
30% of one year's post-tax income, based on the average income of the preceding
3 years.
Post-tax income is the income
remaining after deducting personal income tax and corporate income tax as
prescribed by the law on personal income tax and the law on corporate income
tax.
4. Employees employed under a labor
contract by an economic organization, household, individual engaged in
production and business, or foreign-invested economic organization that is
subject to Clause 1 of this Article shall be applied the unemployment benefit
regime as prescribed by labor law, but the benefit period shall not exceed 6
months.
5. In cases where households or
individuals are using land being allocated for agricultural, forestry,
aquaculture, or salt production purposes from state-owned farms or forestry
companies, or agricultural companies converted from state-owned farms,
agricultural production groups, or agricultural cooperatives, and have a land
allocation contract, the Province-level People's Committee shall decide on the
appropriate amount of support to stabilize production for each project.
6. The Province-level People's
Committee shall decide on the amounts of support, support period, and regular
payment of support funds to suit the province reality.
Article 21. Support for relocation
of livestock; support for dismantling, demolishing, and relocating property on
land that are part of a construction project under a construction permit with a
limited term pursuant to construction law and whose permit has expired at the
time of land expropriation
1. The Province-level People’s
Committee, based on the actual circumstances in the province, shall prescribe
cases, measures, and amounts of relocation support for each type of livestock
when the State expropriates land to support livestock owners when they have to
relocate.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The Province-level People’s
Committee shall, based on the actual circumstances in the province, prescribe
the cases, measures, and support amounts for dismantling, demolishing, and
relocating the construction work in accordance with each specific case.
Article 22. Support for training,
job conversion and job search for households and individuals upon land
expropriation by state
1. Individuals directly engaged in
agricultural production who are supported for training, job conversion and job
search as prescribed in Point a, Clause 1, Article 109 of the Land Law are
individuals who are using agricultural land and have income from agricultural
production on that land at the time of approval of the compensation plan and do
not fall into the following cases:
a) Officials, public employees,
commissioned officers on service, professional soldiers, national defense
officials, national defense workers and employees, commissioned officers,
non-commissioned officers, public security workers, cipher officers and other people
working in cryptographic organizations who are paid from the state budget;
b) Pensioners;
c) People having lost their ability
to work or quitting their jobs who are entitled to monthly social insurance
benefits;
d) Employees with indefinite-term
labor contracts.
2. Households directly engaged in
agricultural production who are supported for training, job conversion and job
search as prescribed in Point a, Clause 1, Article 109 of the Land Law are households
who are using agricultural land with at least one member having income from
agricultural production on that land at the time of approval of the compensation
plan and do not fall into the cases prescribed in points a, b, c and d of
clause 1 of this Article.
3. The amounts of support for training,
job conversion and job search as prescribed in Article 109 of the Land Law is
prescribed by the Province-level People’s Committee based on the actual
circumstances in the province. However, this support shall not exceed 5 times
the price of the same type of agricultural land as listed in the local land
price schedule for the entire area of expropriated agricultural land, and must
also comply with the provincial agricultural land allocation limit as
prescribed in Article 176 of the Land Law.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 23. Resettlement support
upon land expropriation by state
1. In cases where households,
individuals, or overseas Vietnamese who are eligible for resettlement support
as prescribed in Clause 8, Article 111 of the Land Law wish to arrange their
own accommodation may, in addition to being compensated for land in cash, also
receive financial support to arrange their own accommodation.
2. The Province-level People’s
Committee shall, based on the scale of the expropriated residential land area,
the number of household members and specific conditions in the province,
prescribe the appropriate support amount in Clause 1 of this Article.
Article 24. Resettlement arrangement
1. The minimum resettlement allowance
as prescribed in Clause 8, Article 111 of the Land Law shall be implemented as
follows:
a) The minimum resettlement
allowance shall be prescribed in the form of residential land, housing, or
monetary compensation to suit the choice of the resettled person;
b) In cases where the minimum
resettlement allowance is prescribed in the form of residential land or
housing, the area of residential land for resettlement shall not be smaller
than the minimum area as prescribed by the Province-level People’s Committee on
the minimum area in Clause 2, Article 220 of the Land Law, and the area of
resettlement housing shall not be smaller than the minimum apartment area as
prescribed by housing law.
If the minimum resettlement allowance
is prescribed in the form of housing, the area of resettlement housing shall
not be smaller than the minimum apartment area as prescribed by housing law.
If the minimum resettlement
allowance is calculated in monetary compensation, the amount of money for the
minimum resettlement allowance shall be equivalent to the value of a minimum
resettlement allowance in the form of residential land or housing at the
resettlement location;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Individuals who are using
state-owned housing that falls within the land expropriation area and have to
demolish their houses without any other place to live in the district where the
land is expropriated shall be supported with rental housing at the resettlement
location; the rental price shall be the rental price of state-owned housing;
the rented house at the resettlement location shall be sold to the tenant in
accordance with the law on housing on the sale of state-owned housing to
tenants; in cases where the person whose house is being expropriated has a need
and the locality has a residential land fund, a resettlement housing fund,
commercial housing, or social housing, they shall be considered for allocation
of residential land with land levies, sale of housing; in cases of
self-arranging a new place to live, they shall be supported with money.
The Province-level People’s
Committee shall prescribe the support for renting housing, allocating
residential land, selling housing, and providing financial support for
self-arranging accommodation as prescribed in this clause.
3. In cases where projects for national
defense, security, transportation, irrigation, technical infrastructure, or
social infrastructure require the expropriation of residential land within a
plot of land with a house, and the land owner wishes to resettle within that
place by exchanging the location of the residential land to the rear within the
remaining agricultural land area of the plot after expropriation, the
resettlement arrangement in this case shall be carried out as follows:
a) On-site resettlement shall be
arranged by allowing the change of land use from agricultural land to
residential land within the land allocation limits prescribed in Clause 2,
Article 195 and Clause 2, Article 196 of the Land Law;
b) Land levies shall be exempted
when changing land use from agricultural land to residential land for
resettlement as prescribed in point a of this clause for an area equal to the
expropriated residential land area in cases where the land owner agrees to
compensation for agricultural land for the expropriated land area.
4. Regarding the land fund and housing
fund for resettlement arrangement, the following regulations shall apply:
a) The compensation agency shall
implement resettlement projects or receive the transfer of the right to use
residential land, commercial housing, or social housing for resettlement for
cases prescribed in Article 111 of the Land Law;
b) The funding for implementing
resettlement projects or receiving the transfer of the right to use residential
land, commercial housing, or social housing as prescribed in point a of this
clause shall be advanced from the state budget, the Land Development Fund, or
other investment development funds, entrusted funds, or from the investor
voluntarily advancing compensation, support, and resettlement funds;
c) The establishment, appraisal,
approval, inspection, and finalization of resettlement projects; appraisal and
approval of the design and construction of resettlement projects shall be
carried out in accordance with the law on housing, the law on construction, the
law on public investment, and other relevant laws;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Section 5. ALLOCATION OF FUNDING AND
PAYMENT OF COMPENSATION, SUPPORT, AND RESETTLEMENT
Article 25. Payment of compensation,
support, and resettlement
1. The deduction of the amount of
outstanding land-related financial obligations from the amount of compensation
as prescribed in Clause 6, Article 94 of the Land Law shall be carried out as
follows:
a) The amount of outstanding
land-related financial obligations shall include land levies, land rents
payable to the State, and late payment interests (if any) but not yet paid at
the time of approval of the compensation plan;
b) The amount of outstanding
financial obligations as prescribed in point a of this clause shall be
determined in accordance with the law on collection of land levies and land
rents.
In cases where the amount of
outstanding financial obligations at the time of approval of the compensation
plan is greater than the amount of compensation, the household or individual may
defer the payment of the difference; if the household or individual is resettled,
after deducting the compensation amount from the amount to be allocated for
residential land or the purchase of housing at the resettlement location and
the remaining amount is less than the amount of outstanding financial
obligations, the household or individual may defer the payment of the
difference;
c) The compensation amount to be
deducted from the outstanding financial obligations includes the compensation
amount for land and the compensation amount for remaining investment costs in
the land (if any).
Amounts of compensation for
relocation costs, property damage, business interruption, and other support
amounts shall not be deducted from the outstanding land-related financial
obligations.
2. In cases of compensation by
allocating new land, allocating residential land and resettlement housing,
allocating resettlement housing, if there is a difference in value, the
difference shall be paid in cash according to the following regulations:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) In case the compensation for land
is less than the value of the land and housing, or housing in the resettlement
area, the resettled person shall pay the difference, except as provided in
Clause 1, Article 24 of this Decree.
3. When determining the amount of land
compensation that the expropriated land user receives as prescribed in this
Decree, the amount of land levies and land rents payable as when the land use
right certificate is granted at the time of approval of the compensation plan
shall be deducted.
4. The division of compensation and
support for persons having joint rights to land use and property on land when
the State expropriates land shall be carried out in accordance with the
agreement of the persons having joint rights to land use and property on land
as prescribed by the civil law.
5. In cases where the expropriated land
or property is subject to a dispute that has not yet been resolved, the
compensation amount shall be deposited in a deposit account of the compensation
agency opened at a commercial bank in which the State holds a controlling stake
at a non-term interest rate, and after the competent regulatory agency has
resolved the dispute, it shall be paid to the land user or owner of the
property.
Article 26. Deferral of land levy payment
upon resettlement land allocation
1. Entity eligible for deferral of land
levy payment as prescribed in Clause 3, Article 111 of the Land Law is the
resettled person whose compensation amount is less than the land levy payable upon
resettlement land allocation, if they wish to defer payment of the land levy
and commit to hand over the site according to the schedule.
2. The land price for calculating the
deferred land levy is the land price determined according to the land price
list at the time of approval of the compensation plan.
When paying the deferred land levy,
the land user shall pay the debt according to the amount of land levy recorded
on the Certificate of land use rights.
3. The amount of deferred land levy for
households and individuals as prescribed in Clause 1 of this Article shall be
determined by the difference between the land levy payable when the household
or individual is allocated resettlement land minus (-) the value of
compensation for land.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4. Households and individuals who are
eligible for deferral of land levy payment as prescribed in Clause 1 of this
Article must pay in full the outstanding land levy before transferring,
assigning, gifting, mortgaging, or contributing their land use right. In cases where the land use right is inherited or gifted in
accordance with the law but the land levy has not been fully paid, the heir or
donee who is certified by the People's Committee of the commune as belonging to
a poor or near-poor household may continue to defer payment.
5. The procedures for deferral,
payment, write-off of land levy debt for households and individuals who are
entitled to defer land levy payments as prescribed in Clause 1 of this Article
shall be carried out in accordance with the law on the collection of land
levies and land rents.
Article 27. Costs to ensure the
implementation of compensation, support, and resettlement
1. The compensation agency shall be
responsible for preparing an estimate of the costs to ensure the implementation
of compensation, support, and resettlement for each project as follows:
a) For expenditures that have been
set at fixed rates, standards, and unit prices by a competent state agency, the
current regulations shall apply;
b) For expenditures that have not
been set at fixed rates, standards, and unit prices, estimates shall be
prepared based on actual conditions that are suitable for the specific
characteristics of each project and local realities;
c) Costs for printing documents,
office supplies, fuel, logistics, and administrative support services shall be
calculated based on the actual needs of each project.
2. The authority competent to approve
the compensation plan shall decide on the approval of the costs to ensure the
implementation of compensation, support, and resettlement.
3. In cases where it is necessary to
carry out compulsory land expropriation, the compensation agency shall prepare
an estimate of the costs for organizing and implementing the compulsory
expropriation and submit it to the competent regulatory agency for approval of
the compensation plan. The arrangement of funds for
organizing and implementing the compulsory expropriation of land shall be as
follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) In cases where the State
expropriates land to create a clean land fund for allocation or lease through
auction, this fund shall be advanced from the Land Development Fund;
c) In cases where the investor
voluntarily advances compensation amount, this fund shall be deducted from the
amount of land levies and land rents payable.
4. Detailed costs to ensure the
implementation of compensation, support, and resettlement prescribed in Clause
1 of this Article include:
a) Costs for holding meetings with
land users and property owners in the expropriated area to disseminate and
publicize policies and laws on compensation, support, and resettlement when the
State expropriates land and to receive opinions, organize mobilization of land
users and related property owners to implement the decision to expropriate land
for the project;
b) Costs for investigation, survey, recording
of the current status, measurement, inventory, statistics, classification of
land area, and identification of the origin of land and property on
expropriated land, including: Distributing
declaration forms, guiding land users and property owners to declare; surveying
cadastral plots for plots in areas where there is no cadastral map for serving
compensation and site clearance; measuring and determining the actual area of
plots within the boundaries of the expropriated land for the project (if any)
of each expropriated land user as the basis for implementing compensation,
support, and resettlement when the State expropriates land in cases where
re-measurement is required; inventorying the number of houses, structures,
crops, livestock, and other assets damaged when the State expropriates land of
each property owner; checking and comparing the declaration with the inventory
results, determining the level of damage for each specific land user or
property owner; calculating the value of losses of land, houses, structures,
crops, livestock, and other assets, costs of publishing in newspapers and
broadcasting on radio or television;
c) Costs for the preparation,
appraisal, approval, and public announcement of the compensation plan from the
calculation and determination of the compensation amount to the approval of the
plan and the public announcement of the compensation plan;
d) Costs for paying the compensation
amounts in accordance with the compensation plan approved by the competent
regulatory agency as prescribed;
dd) Costs for serving the guidance
on implementation and resolution of difficulties in the implementation of the
compensation plan approved by the competent regulatory agency as prescribed;
e) Costs for renting offices, hiring
and purchasing machinery and equipment for the implementation of compensation,
support, and resettlement activities of the compensation agency and the
appraisal agency;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
h) Costs for hiring labor to carry
out compensation, support, and resettlement activities (if any). The hiring of labor shall be decided by the head of the
compensation agency, as prescribed in the internal expenditure regulations, and
shall only be carried out when the compensation agency does not have sufficient
personnel to carry out the work and shall not be carried out for tasks that
overlap with the personnel of the compensation agency;
i) Other expenses directly related
to the organization of compensation, support, and resettlement.
5. Detailed costs for organizing and
implementing compulsory inventory and compulsory land expropriation:
a) Costs for notifying, publicizing,
and mobilizing the relevant entities to abide by the decision on compulsory
inventory and the decision on compulsory land expropriation;
b) Costs for purchasing materials,
fuel, hiring vehicles, protective equipment, medical equipment, fire prevention
equipment, and other necessary equipment to serve the implementation of compulsory
inventory and compulsory land expropriation;
c) Costs for serving the work of
organizing the enforcement of the decision on compulsory inventory and
compulsory land expropriation;
d) Costs for sealing, demolishing,
dismantling, and transporting assets; relocating the person subject to coercion
and related persons out of the coerced land, renting premises, hiring labor,
and means of preserving assets, and other legal actual costs directly serving
the preservation of assets when implementing compulsory land expropriation in
case the owner of the assets fails to make payments;
dd) Costs for filming and taking
photographs to serve the implementation of compulsory inventory and compulsory
land expropriation;
e) Costs for protection and
prevention of re-occupation of land after compulsory land expropriation of the
coerced land plot until the completion of site clearance;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
6. Salaries, salary-based contributions,
and allowances as prescribed by the regulations of the compensation agency
related to the organization of compensation, support, resettlement, compulsory
inventory, and compulsory land expropriation under the financial mechanism
applicable to that organization.
Salaries and salary-based
contributions shall be determined in accordance with current legal provisions.
7. The preparation, approval, use, and
settlement of the budget to ensure the organization of compensation, support,
resettlement, compulsory inventory, and compulsory land expropriation shall be
carried out in accordance with the provisions of the law on the budget and the
law on public investment.
8. The Province-level People’s
Committee shall, based on the actual circumstances in the province, prescribe
the expenditure amounts to ensure the organization of compensation, support and
resettlement; in cases where the locality has not yet prescribed the
expenditure amounts to ensure the organization of compensation, support and
resettlement, the compensation agency shall prepare an estimate and settle the
costs to ensure the organization of compensation, support and resettlement for
each project according to the norms, standards and unit prices prescribed by
the competent regulatory agency, and submit them to the agency competent to
approve the compensation plan.
Article 28. Funding for
compensation, support, and resettlement
1. Funding for compensation, support,
and resettlement is stipulated in Clause 1, Article 94 of the Land Law. The determination of the funding for compensation, support,
and resettlement must follow the compensation plan approved by the competent
authority.
2. The funding for compensation,
support, and resettlement when the State expropriates land for projects is regulated
as follows:
a) The funding for compensation,
support, and resettlement is included in the total investment of the project;
b) Ministries and agencies must
provide the necessary funds for compensation, support, and resettlement for
projects they undertake that are approved by the National Assembly, the Prime
Minister, and projects where ministries and agencies are the investor or
investment decision-maker;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) In case the investor voluntarily
advances the compensation, support, and resettlement funds to the compensation
agency, the investor shall be responsible for providing the necessary funds for
compensation, support, and resettlement.
Chapter III
IMPLEMENTATION
Article 29. Responsibilities for
organization of compensation, support, and resettlement
1. Ministries, ministerial-level
agencies, Governmental agencies, economic groups, corporations, and public sector
entities having investment projects that require land expropriation shall coordinate
with the People's Committees at all levels and compensation agencies during the
implementation process; and shall provide necessary funds for compensation,
support, and resettlement as prescribed in this Decree.
2. The Province-level People's
Committee shall lead the organization of compensation, support, and
resettlement when the State expropriates land as prescribed in this Decree.
3. The Ministry of Natural Resources
and Environment shall inspect the implementation of compensation, support, and
resettlement when the State expropriates land as prescribed in this Decree.
Article 30. Entry in force
1. This Decree comes into force as of
August 1, 2024.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Decree No. 47/2014/ND-CP dated
May 15, 2014 of the Government;
b) Decree No. 06/2020/ND-CP dated
January 3, 2020 of the Government on amendments to the Decree No.
47/2014/ND-CP.
3. Annul certain provisions of related
Decrees:
a) Annul Article 4 of Government
Decree No. 01/2017/ND-CP of January 06, 2017;
b) Annul Article 2 of Government
Decree No. 148/2020/ND-CP of December 18, 2020.
Article 31. Transitional provisions
1. In cases where a decision on land
expropriation has been issued in accordance with land law regulations before
this Decree takes effect but the approval for compensation plan has not yet
been issued by the competent regulatory agency, the compensation, support, and resettlement
shall continue to be implemented in accordance with this Decree.
2. In cases where a decision on land
expropriation and the approval for compensation plan have been issued in
accordance with land law regulations before this Decree takes effect but they
have not been implemented, the approved compensation plan shall continue to be
implemented; the handling of delayed compensation payments shall be carried out
in accordance with the law at the time the State issued the decision on land
expropriation.
3. For investment projects whose
compensation, support, and resettlement policy framework has been approved by
the Prime Minister before this Decree takes effect, but the locality has not
yet approved the compensation plan, the more favorable policies for land losers
as determined in the compensation, support, and resettlement policy framework
and the provisions of this Decree shall be applied.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. In cases where a competent
regulatory agency has approved the budget estimate for ensuring the
organization of compensation, support, and resettlement, forced inventory, and
forced land expropriation before this Decree takes effect, the implementation
shall continue to be carried out in accordance with the provisions of the law
guiding the implementation of the 2013 Land Law on the preparation, use, and
settlement of the budget for organizing compensation, support, and resettlement
when the State expropriates land.
Article 32. Responsibility for
implementation
1. Ministries and Province-level
People’s Committees shall be responsible for guiding the implementation of the
articles and clauses assigned in this Decree and reviewing the issued documents
to amend, supplement or replace them in accordance with the provisions of this
Decree to take effect simultaneously with this Decree.
2. Ministers, Heads of
ministerial-level agencies, Heads of Governmental agencies, the Presidents of
People’s Committees, relevant organizations and individuals shall implement
this Decree.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha