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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
90-CP
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Hanoi,
August 17, 1994
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DECREE
STIPULATING
THE COMPENSATIONS FOR THE LOSSES CAUSED BY THE RECOVERY OF LAND FOR USE IN
NATIONAL DEFENSE, SECURITY WORKS, AND NATIONAL AND PUBLIC INTERESTS
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government on the 30th of September, 1992;
Pursuant to the Land Law on the 14th of July, 1993;
At the proposals of the Minister of Finance, the Minister of Construction, the
General Director of the General Land Administration, and the Chairman of the
Government Pricing Commission.
DECREES:
Article 1.- To promulgate
along with this Decree the Regulation on the State's compensations for the
losses caused by the recovery of land for use in national defense, security
works, and national and public interests stipulated at Article 27 of the Land
Law.
The compensations for losses
incurred in the recovery of land for use in other purposes is not regulated by
this Decree.
Article 2.- An
organization, household or individual in the country that is using land
lawfully, shall be compensated for losses when the State recovers the land for
uses stipulated at Item 1, Article 1 of this Decree.
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Article 3.- The
ministers, the heads of ministerial-level agencies, the heads of the agencies
attached to the Government and the presidents of the People's Committees of the
provinces and cities directly under the Central Government shall have to
implement this Decree.
Article 4.- This Decree
takes effect as from the date of its signing. The regulations on compensations
for losses in land and property when the State recovers the land for use in
national defense, security works, and national and public interests published
earlier, are now annulled.
FOR
THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet
REGULATION
OF
THE COMPENSATIONS FOR THE LOSSES WHEN THE STATE RECOVERS LAND FOR USE IN
NATIONAL DEFENSE, SECURITY WORKS, AND NATIONAL AND PUBLIC INTERESTS
(Issued
along with Decree No. 90-CP on the 17th of August, 1994 of the Government)
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OBJECTS AND SCOPES OF APPLICATION
Article 1.- This
Regulation is applied only to pay compensations for losses when the State
recovers lands for use in national defense, security works, and national and
public interests stipulated at Article 27 of the Land Law.
1. The land used in national
defense and security stipulated in this Regulation is the land defined at Item
1 of Article 65 of the Land Law.
2. The land used for public and
national interests is the land used for the construction of transport routes,
bridges and culverts, street pavements, water supply and drainage systems from
rivers and lakes, dykes, dams, schools, hospitals, markets, public parks,
flower gardens, cultural projects, public entertainment and recreation centers,
public squares, stadiums, airports, seaports, cemeteries for fallen heroes,
land used in the building of dams or lakes of hydro-electric power plants,
power plants, power lines, scientific research projects, public offices
(offices of State agencies, political and social organizations), and other
construction works as defined by the Government.
Article 2.-
1. The persons eligible for
compensations for losses when the State recover land must be those who are
allocated land by the State, or who have been permanently using land before the
Law becomes effective, and who are qualified for the granting of certificates
of land use right by the authorized State agency, according to the land
categories defined by the various Decrees of the Government for the
implementation of the Land Law.
2. In the absence of the regular
papers mentioned above, the person whose land is recovered by the State, must
produce assignment or transfer papers, or papers on inheritance of the land use
right with proper certification by the People's Committee at various levels.
Article 3.-
1. Households or individuals,
who are using land lawfully and are affected by the land recovery decision of
the State, shall receive compensation for losses in land and property existing
on this land.
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Article 4.-
1. State agencies, political and
social organizations and units of the People's Armed Forces which are allocated
land and exempted from the land use levy or who have paid this levy derived
from the State budget, shall not receive compensations for losses in land, but
shall be considered by the State for allocation of new land when their land is
recovered by the State.
2. State businesses, businesses
of political and social organizations, stock companies, companies with limited
liabilities, collective economic units and private businesses, which are
affected by the land recovery decision of the State, shall receive compensation
for land, if the land in use is an allocated land for which the land use levy
has been paid and the payment did not come from the State budget.
If the land is exempted from
land use levy when it is allocated, or if this levy is paid by a source from
the State budget, it shall receive no compensations for losses in land.
Article 5.- Foreign
organizations and individuals, international organizations, Vietnamese having
settled abroad (commonly referred to as foreigners) and enterprises with
foreign investment in Vietnam who rent land from the Vietnamese State and from
which the State recovers land for uses stipulated at Item 1, Article 1 of this
Decree, shall be considered and compensated for losses according to separate
regulations of the Vietnamese Government.
Chapter II
COMPENSATIONS FOR LOSSES IN LAND
Article 6.- Compensations
for losses in land shall be made through the allocation of a new land for the
same use as in the first allocation, or the payment of a sum equivalent to the
price of land for the same use.
In case the State cannot compensate
by allocating another land, or if the person whose land is recovered does not
request compensation in land. The price of land which is used to calculate the
compensations shall be announced by the People's Committee of the province or
city directly under the Central Government (hereafter called provincial
People's Committee for short) according to the land price brackets defined by
the Government.
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1. Unused land.
2. Land reclaimed with capital
of the State budget, land reclaimed and land fund used to create capital for
infrastructure construction.
3. Land recuperated as defined
in Article 26 of the Land Law.
4. The public utility land fund
as defined at Article 45 of the Land Law.
Article 8.- The person
who is using land lawfully as stipulated at Item 1, Article 3, and Point a,
Item 2, Article 4 of this Regulation, shall receive compensations as follows,
when the land is recovered by the State:
1. If the recovered land is
agricultural or forestry land, he shall receive compensation in land of the
same category and class, and with the same acreage as the recovered land.
In case the compensated land
belongs to a category lower than that of the recovered land but still belongs
to Categories 1, 2 and 3, there shall be no compensation for the disparity in
the land categories.
If the compensated land belongs
to Categories 4,5 and 6, the user shall be compensated for the disparity in
land categories. The value of this disparity shall be determined according to
the land prices set by the provincial People's Committee in conformity with the
land price brackets defined by the Government.
2. If the recovered land is
special-use land or residential land, the user shall receive compensation in
special use land or residential land, with the same acreage and land category
or class as the recovered land.
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For the residential land in
urban areas, compensation shall be made chiefly in residential houses or money,
when the land is recovered by the State.
Article 9.- In recovering
land from users in the cases stipulated at Item 2, Article 3, and Item 2,
Article 4 of this Regulation, the State shall consider a support measure by
allocating land or money on a case-by-case basis, but the maximum of this
support shall not exceed 30% of the land acreage or value of the recovered
land.
For the recovery of the land
acquired by bidding or the leased land, the user shall receive compensation
equivalent to the value of the land in the remaining period of use.
Article 10.- The person,
who uses land illegally, shall not receive compensation for losses in land when
the State recovers it, and shall have to bear all the cost in dismantling and
ground clearing at the request of the State.
Chapter III
COMPENSATIONS FOR LOSSES IN PROPERTY
Article 11.- With regard
to residential houses, architectures and other works associated to the land,
the user shall receive compensation equivalent to the existing value of the
construction. This value is determined by multiplying the percentage (%) of the
remaining value of the construction by the price of the new construction at the
standard price rate set by the provincial People's Committee according to State
regulations.
In case the remaining value of
the house and auxiliary installations is too law, and the compensation is not
enough to cover the expenditures for the construction of a new house with
technical norms equivalent to those of the dismantled house, the family of the
land user may be considered for additional compensation, but in any case total
compensation must not exceed the price of a new house calculated on the
standard price rate set by the locality for a house of the same technical
norms.
With regard to the houses,
architectures or other installations which can be taken to pieces and moved and
re-assembled at the new place, compensation shall cover only the cost of
dismantlement, transportation and assembly. Maximum compensation shall not
exceed 10% of the standard price of a house of the same technical norms set by
the provincial People's Committee. The family shall receive a minimum removal
allowance of 400,000 Dong.
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1. With regard to the removal of
graves, the compensation shall cover all the expenditures involved in the
exhumation, transportation and reconstruction to their original state.
2. Compensation for the removal
of historic relics, churches, communal houses, pagodas, cemeteries for fallen
heroes shall be decided either by the Prime Minister or the president of the
provincial People's Committee on a case-by-case basis.
Article 13.-
1. Compensation for annual
plants and the livestock on water surface shall be equal to the value of one
harvest calculated on the average of three previous harvests, at the actual
price of agricultural and aquacultural products in the local market at the time
the compensation is made.
2. Compensation for perennial
trees is determined as follows:
a/ If the trees are in the
period of capital construction or have just begun to yield, the compensation
shall cover all the cost in initial investment and tending up to the time of the
land recovery.
b/ If the trees are in the
harvesting period, compensation shall be made for the remaining value of the
garden. This value is equal to the value of the initial investment plus the
cost of tending up to the first harvest, minus the depreciation. In case it is
impossible to determine the remaining value of the garden, the maximum
compensation shall represent two years of output based on the average of three
previous years and at the price rate of agricultural products of the same kind
in the local market at the time the compensation is made.
c/ In case of perennial trees
which are harvested only once, the compensation shall cover all the
expenditures in initial investment and tending up to the time the land is
recovered.
d/ In case of perennial trees
having reached the stage of liquidation, compensation shall be made to the
garden owner only for the cost of cutting.
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ORGANIZING THE IMPLEMENTATION
Article 14.- When a
decision to recover land issued by the authorized State agency, the provincial
People's Committee shall set up a land recovery Steering Committee to act as
adviser to the President of the provincial People's Committee in carrying out
the compensation for the losses in land and property to the persons affected by
the recovery decision.
The President of the provincial
People's Committee shall decide the mode of compensation at the proposal of the
Steering Committee and take responsibility for his decision.
Article 15.- The
organizations or individuals affected by the decision are entitled to make
declarations on the acreage, class, category and location of the land and the
amount of properties existing on the land, and send them to the People's
Committee of the commune, ward or township where the recovered land is located.
The People's Committee of the
commune, ward or township shall check the declarations and certify each of
them, draw up a general report on the situation of the use of the land fund to
be used for compensation for the losses at its commune, and report it to the
People's Committee of the district, town or city directly under the province,
and also to the Steering Committee, for the recovery of land at the provincial
level.
Article 16.- The organization
which is allocated the land has the duty to directly carry out the compensation
in cash or pay allowances (if any) to the land user affected by the decision.
Article 17.- If he deems
that the decision on compensation for losses taken by the provincial People's
Committee does not comply with the provisions of this Decree, the person
affected by the decision is entitled to file a complaint. The complaint shall
be sent to the provincial People's Committee within 15 days after the
complainant receives the decision on compensation for the losses. Past this
time limit, the complaint shall not be considered for a settlement.
Within one month after receipt
of the complaint, the provincial People's Committee shall consider, decide and
answer the complainant. The decision of the provincial People's Committee shall
be effective for implementation.