THE GOVERNMENT
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SOCIALIST REPUBLIC
OF VIETNAM
Independence - Freedom - Happiness
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No. 88/2024/ND-CP
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Hanoi, July 15,
2024
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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
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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;
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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:
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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);
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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.
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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.
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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.
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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:
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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;
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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
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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:
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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
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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;
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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.
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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:

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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
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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;
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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.
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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(;
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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;
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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
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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;
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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;
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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;
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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.
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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.
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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;
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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;
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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:
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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.
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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:
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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;
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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;
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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;
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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.
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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.
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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