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PEOPLE’S
COMMITTEE OF
QUANG NGAI PROVINCE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.
08/2013/QD-UBND
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Quang Ngai,
January 28, 2013
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DECISION
ISSUING REGULATIONS ON COMPENSATION,
ASSISTANCE AND RESETTLEMENT WHEN THE STATE RECOVERS
LAND APPLIED IN GEOGRAPHICAL AREAS OF QUANG
NGAI PROVINCE
PEOPLE’S COMMITTEE OF QUANG NGAI PROVINCE
Pursuant to the Law on organization
of People’s Council and People’s Committee at all levels of November 26, 2003;
Pursuant to the Land Law of
November 26,2003;
Pursuant to the Law on
Construction of November 26, 2003;
Pursuant to the Government’s
Decree No. 181/2004/ND-CP dated October 29, 2004, on implementation of the Land
Law;
Pursuant to the Government’s
Decree No. 197/2004/ND-CP dated December 03, 2004 on compensation, assistance
and resettlement when the state recovers land;
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Pursuant to the Government’s
Decree No. 17/2006/ND-CP dated January 27, 2006, on amending and supplementing
a number of articles of the Decrees guiding the implementation of the Land Law
and Decree No. 187/2004/ND-CP on transformation of state companies into
joint-stock companies;
Pursuant to the Government’s
Decree No. 84/2007/ND-CP dated May 25, 2007, on additional
provisions on issuance of land use right certificates; on land recovery; on
exercise of land use rights; on order and procedures for compensation,
assistance and resettlement when the state recovers land; and on resolution of
complaints about land;
Pursuant to the Government’s
Decree No. 123/2007/ND-CP dated July 27, 2007, on amending and supplementing a
number of articles the Decree No. 188/2004/ND-CP dated November 16, 2004, on
methods of determining land prices and assorted-land price brackets;
Pursuant to the Government’s
Decree No. 69/2009/ND-CP dated August 13, 2009 on additionally providing for
land use planning, land prices, land recovery, compensation, support and
resettlement;
Pursuant to the Circular No.
14/2009/TT-BTNMT dated October 01, 2009 of the Ministry of Natural Resources
and Environment detailing compensation, support,resettlement and order of and
procedures for land recovery, allocation and lease;
At the proposals of Deparment
of Natural Resources and Environment at the Report No. 87/TTr-STNMT dated
January 14, 2013, and the Department of Justice at the appraisal Report No.
176/BC-STP dated August 30, 2012,
DECIDES:
Article 1. To promulgate together with this Decision the
regulation on compensation, support and resettlement when the state recovers
land applied in geographical areas of Quang Ngai province.
Ariticle 2. This Decision takes effect on February 01, 2013.
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- To annul content in clause 2
Article 3 of provision on minimum area for splitting land plot and order of and
procedures for plot splitting and merger of land plots when the land user wish
to split or merge land plots within geographical areas of Quang Ngai province,
which was promulgated together with the Decision No. 22/2009/QD-UBND dated
April 24, 2009 of the provincial People’s Committee.
Article 3. The Chief of office of
provincial People’s Committee; heads of Departments, sectors of province;
chairpersons of the district People’s Committees; heads of agencies, units
which are assigned tasks of compensation, support and resettlement and
concerned organizations and individuals shall implement this Decision.
OB BEHALF OF
THE PEOPLE’S COMMITTEE
CHAIRPERSON
Cao Khoa
REGULATION
ON COMPENSATION, SUPPORT AND RESETTLEMENT WHEN
THE STATE RECOVERS LAND APPLIED IN GEOGRAPHICAL AREAS OF QUANG NGAI PROVINCE
(Promulgated together with the Decision No. 08/2013/QD-UBND
dated 28/01/2013, of People’s Committee of Quang Ngai province)
Chapter I
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Article 1.
Scope of regulation
This regulation provides contents
on compensation, support and resettlement when the state recovers land in
geographical areas of Quang Ngai province for use in purposes regarding
National defense and security, national benefits, public benefits and economic
development, on which the Government, Ministries and sectors at central level
have assigned to the provincial People’s Committee for regulation, contents
which have been assigned to the Government, Central Ministries and sectors for
providing regulations, shall comply with regulations of the Government,
Ministries and sectors at central level.
Article 2.
Subjects of application
1. State management agencies,
agencies specialized in natural resources and environment, planning and
investment, construction, finance and other relevant agencies; officers doing
affairs on land management.
2. Domestic organizations,
resident communities, religious establishments, households and individuals;
Vietnamese residing in foreign countries, foreign organizations and
individuals, that are using land and recovered by State for purposes regarding
National defense and security, national benefits, public benefit, economic
development (hereinafter collectively referred to as persons subject to land
recovery).
3. Organizations, individuals
implementing investment project; other concerned organizations and individuals.
Chapter II
LAND AND ASSET
COMPENSATION
Article 3.
Principles for land compensation and support
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1. When the state recovers land of
users with one of conditions specified in Article 4 of this provision, the
state shall make compensation.
2. Persons who have land recovered
shall be compensated with new land having the same use purpose; if there is no
land for compensation, they shall receive compensation equal to the land use
right value at the time of issuance of the recovery decisions; in case of
compensation with new land or houses, if there is any difference in value, such
difference shall be paid in cash.
3. Land areas subject to
compensation are land areas being legally used and being defined on field and
actual measurement of the recovered land area of the land users. The
determination of the land area on field and in actual condition shall be performed
by units having legal entity on measurement and appraised by functional
agencies.
In case the actual land area as measured is different to the land area
stated in lawful documents on land use right, the land shall be compensated
according to the following principles:
a) If the actual land area as
measured is less than the land area stated in lawful documents on land use
right, the land shall be compensated according to the actual land area as
measured. In case where the actual land area as measured is less than the land
area stated in lawful documents on land use right due to natural landslide, now
it is confirmed by People’s Committee of commune, ward or township (hereinafter
referred to as the commune People’s Committee), the area difference between the
actual land area as measured and the land area stated in lawful documents on
land use right shall be calculated to support to be equal to 50% land unit
price of compensation in accordance with the use purpose of land area before
happening natural landslide; the land area calculated for this support is not
used as grounds for other support policies;
b) Where
the actual land area as measured is greater than that recorded on the land use
document because the earlier survey was inaccurate or because the land user did
not declare the full area upon registration but the boundaries of the whole of
the parcel of land are clearly marked, there is no dispute with adjacent land
users and land use has not resulted from trespass or illegal occupation, there
is certification by the commune people's committee where the land is recovered,
then compensation shall be made in accordance with the actually measured area;
c) Where
the actual land area as measured is greater than that recorded on the land use
document and there is certification by the commune people's committee where the
land is situated that the surplus area results from reclamation of waste land
or assignment from the previous land user, and the land has been used stably
and long-term and is not subject to dispute, then compensation shall be made in
accordance with the actually measured area;
d) Compensation
shall not be made for the surplus area where the actual land area as measured
is greater than that recorded on the land use document and such increase resulted
from trespass or illegal occupation.
4. To determine the residential
land area so as to calculate compensation for case having the land use
document:
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b) In
the case of a parcel of land with a garden or pond in a same land plot with
dwelling house in residential areas which was formed prior to 18 December 1980 and
the land user has no lawfull document to prove that that land plot was formed
(used) as residential land prior to 18 December 1980 and reality, the land user
has declared for registration to name in the land and field register or
cadastral book according to the Directive No. 299/CT-TTg dated November
10, 1980 of the Prime Minister, as residential land (T), now land is confirmed
by the commune People’s Committee for time of beginning land use and land use
purpose on the basis of collecting opinions of residential areas including at
least 3 (three) persons who have been resided at the same time prior to 18 December 1980 of the requester for
confirmation, then whole area of that land plot shall be determined as
residential land and not subject to being deducted the land levy;
c) In the case of a parcel of land
with a garden or pond in a same land plot with dwelling house in residential
areas which was formed from 18 December 1980 to prior to July 01, 2004 and the
land user has one of documents stipulated in clauses 1, 2 or 5 of article 50 of
the 2003 Law on Land, which clearly stated the residential
land area, then residential land area shall be determined according to that
document, and not subject to being deducted land levy; The remaining area in
same land plot after deducting the residential land area which is compensated
(if any) shall be calculated compensation by the agricultural land price
according to the use purpose and be supported as prescribed in point a clause 2
Article 20 of this Regulation;
d) In the case of a parcel of land
with a garden or pond in a same land plot with dwelling house in residential
areas which was formed from 18 December 1980 to prior to July 01, 2004 and the
land user has one of land use right documents stipulated in clauses 1, 2 or 5
of article 50 of the 2003 Law on Land, but in that document did not clearly
state the residential land area, then the residential land area shall be
determined as follows:
- In case where land plot has area
less than the limit of residential land recognition in accordance with existing
provisions of the provincial People’s Committee, the residential land area
shall be determined as whole area of land plot and not required to deduct the
land levy;
- In case where land plot has area
more than the limit of residential land recognition in accordance with existing
provisions of the provincial People’s Committee, the residential land area
shall be determined as follows:
+ For households with 4 household members or less than, the limit of
residential land recognition shall be determined in accordance with existing
provisions of the provincial People’s Committee and not required to deduct the
land levy;
+ For households with between 5
and 7 household members (reside stably and confirmed by local authority), the
limit of residential land recognition shall be determined to be equal to 1.5
times of the limit of residential land recognition in accordance with existing
provisions of the provincial People’s Committee and not required to deduct the
land levy;
+ For households with 8 household
members or more (reside stably and confirmed by local authority), the limit of
residential land recognition shall be determined to be equal to two (02) times
of the limit of residential land recognition in accordance with existing
provisions of the provincial People’s Committee and not required to deduct the
land levy.
- The remaining area in same land
plot after deducting the residential land area which is compensated (if any)
shall be calculated compensation by the agricultural land price according to
the use purpose and be supported as prescribed in point a clause 2 Article 20
of this Regulation.
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- In case where land plot is
formed prior to December 18, 1980, the residential
land area shall be re-determined as provisions in points a or b of this clause;
- In case where the land plot is
granted land use right certificate for the first time prior to the effective
day of the Decree No. 181/2004/ND-CP (including case of being re-granted for
change) and the time of land use is formed from December 18, 1980 to prior
to July 01, 2004, the residential land area shall be
re-determined as prescribed in point d of this clause.
- In case where the land plot is
granted land use right certificate for the first time after the effective day
of the Decree No. 181/2004/ND-CP and the time of land use is formed from
December 18, 1980 to prior to July 01, 2004, the residential land area shall be
re-determined as prescribed in point c of this clause.
e) In case where households,
individuals using land which is splitted from land plot that are compensated as
prescribed in points a, b, c, d and dd of this clause, the residential land
area shall be determined for total of splitted land plots and the original land
plot not exceeding the residential land area which is compensated as prescribed
in points a, b, c, d and dd of this clause.
5. To determine the residential
land area so as to calculate compensation for case having no land use document:
a) Where the person using land
plot with dwelling house or construction works prior to October 15, 1993,
without one of documents specified in clauses 1, 2 or 5 of Article 50 of the
Land Law and not in one of cases of land use specified in Article 5 of this
Regulation, now the commune People’s Committee confirmed that there is no
dispute or complaint, then the resident land area shall be determined according
to the limit of residential land allocation in accordance with existing
provisions of the provincial People’s Committee and not required to deduct the
land levy. The remaining area in same land plot after deducting the residential
land area which is compensated (if any) shall be calculated compensation by the
agricultural land price according to the use purpose and be supported as
prescribed in point a clause 2 Article 20 of this Regulation;
b) Where the person using land
plot with dwelling house from October 15, 1993 to prior to July 01, 2004,
without one of documents specified in clauses 1, 2 or 5 of Article 50 of the
Land Law and not in one of cases of land use specified in Article 5 of this
Regulation, now the commune People’s Committee confirmed that there is no
dispute or complaint, then the resident land area shall be determined according
to the limit of residential land allocation in accordance with existing
provisions of the provincial People’s Committee and deducted the land levy as
prescribed in Article 4 of the Circular No. 14/2009/TT-BTNMT date October 01,
2009 of the Ministry of Natural Resources and Environment, detailing
compensation, support,resettlement and order of and procedures for land
recovery, allocation and lease (hereinafter referred to as the Circular No.
14/2009/TT- BTNMT); the remaining land area in same land plot after deducting
the land area which is compensated as residential land (if any) shall be
calculated under the agricultural price according to the use purpose and be
supported as prescribed in point b clause 2 Article 20 of this Regulation;
c) Where the person using
residential land plot with other land types used stably prior to July 01, 2004,
without one of documents specified in clauses 1, 2 or 5 of Article 50 of the
Land Law but area of building dwelling house is more than the limit of
residential land allocation in accordance with existing provisions of the
provincial People’s Committee, now the commune People’s Committee confirmed
that there is no dispute, complaint, the residential land area shall be
determined as actual construction and deducted the land levy as prescribed in
Article 4 of the Circular No. 14/2009/TT-BTNMT; the remaining land area in same
land plot after deducting the land area which is compensated as residential
land (if any) shall be calculated under the agricultural price according to the
use purpose and be supported as prescribed in point b clause 2 Article 20 of
this Regulation;
d) In case where households,
individuals using land which is splitted from land plot that are compensated as
prescribed in points a, b and c above, the residential land area shall be
determined for total of splitted land plots and the original land plot not
exceeding the residential land area which is determined for compensation as
prescribed in points a, b and c of this clause.
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7. For cases of land recovery when
the land plot is in dispute or persons subject to land recovery fail to
participate in examination and declaration, fail to confirm in the inventory
minutes, organizations assigned task of compensation, support and resettlement
shall coordinate with the commune People’s Committees, the commune people’s
inspectorate board in making inventory minutes serving as basis for solving the
concerned matters later and taking responsibility for the accuracy, legality of
data which is measured, inventoried so as to give out plan on compensation,
land recovery and allocation for project implementation.
8. Not to pay compensation and
arrange resettlement for:
a) The land lessees or borrowers
of persons having land subject to recovery;
b) The persons receiving capital
contribution for joint-venture, association but the land use rights, the
ownerships of assets not yet been transferred to the joint ventures or linked
organizations;
c) Other objects that are not
allocated land, leased land by State.
Handling of compensation or
support amounts (if any) between the persons with lawful land use rights and
owners of assets on the land subject to recovery such as the persons who hire,
re-borrow land, receive capital contribution for joint venture, association
shall be resolved in accordance with provisions on civil relation and the
signed economic contracts.
Article 4.
Conditions to be paid land compensation
The persons who is recovered land
by State shall be pay land compensation if there is one of the following
conditions:
1. Having land use right
certificate as prescribed by law on land.
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3. Households, individuals using
land stably, having certification of no dispute by the commune People’s
Committee and having one of the following documents:
a) Documents on land use rights
made prior to October 15, 1993, by competent agencies, during the course of
implementation of land policies of the state of Vietnam Democratic Republic,
the Provisional Revolutionary Government of Republic South Vietnam and the
state of Socialist Republic of Vietnam;
b) Temporary land use right
certificate issued by competent state agencies or being named in the land and
field register or cadastral book;
c) Lawful papers on inheritance or
donation of land use rights or assets attached to land and papers on handover
of gratitude houses associated with land, include:
- Papers on inheritance as
provided for by law;
- Papers on donation of houses or
land notarized or certified by the commune People's Committees at the time of
donation;
- Papers on handover of gratitude
houses associated with land, issued by house-handing agencies or organizations.
d) Papers on transfering the land
use right, purchase and sale of dwelling house associated with land prior to
October 15, 1993, and confirmed to be land used prior to October 15, 1993 by
the commune People's Committees;
dd) Papers on liquidation or sale
of dwelling houses or purchase of dwelling houses attached to residential land
as prescribed by law;
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4. Households, individuals that
are using land and have one of the papers stated in Clause 3 of this Article
which bear the names of other persons and are enclosed with the land use right
transfer papers signed by the involved parties, but have not yet completed the
land use right transfer procedures by the time of issuance of the land recovery
decisions as prescribed by law, and now have certifications of the commune-level
People’s Committees that such land is dispute-free.
5. Households, individuals that
are using land without the papers prescribed in Clauses 1, 2 and 3 of this
Article but has used such land stably since before July 01, 2004 and now have certifications
of the commune-level People’s Committees that such land is used stably,
dispute-free and not in one of cases which have one of following violations at
time of beginning land use:
a) Violating the detailed
construction plannings which have been approved and publicly published by
competent agencies;
b) Violating the detailed
plannings of ground for building which have been approved and publicly
published by competent agencies applicable to land area which have been handed
to organization, population communities for management;
c) Trespass
on or illegal occupation of the safety corridor of public construction works as
announced and demarcated;
d) Trespass
on or illegal occupation of a road, roadside or pavement for which construction
marking lines have been drawn;
e) Trespass
on or illegal occupation of land used for public purposes, of specialized use
land, of land belonging to organizations, of unused land, or any other breach
which was deliberately committed despite written notification to stop the
breach.
6. Households, individuals that
are allowed to use land under the executed judgments or decisions of people’s
courts, judgment execution decisions of judgment-executing agencies or land
dispute settlement decisions of competent State bodies.
7. Households, individuals that
are using land which was covered under the State’s management decisions in the
process of implementing the State’s land policies but has, in fact, not yet been
managed by the State and has been used by such households or individuals.
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9. Organizations using land in the
following cases:
a) Land has been assigned by the
State with land use levy collection but the paid land use levies do not
originate from the State budget;
b) Land has been transferred from
lawful land users but the money paid therefor does not originate from the State
budget;
c) Land being used has a lawful
origin from households or individuals.
Article 5.
Cases of land recovery without compensation
1. The land users who are not
eligible as prescribed in Article 4 of this Regulation.
2. Organizations which are
assigned land by the State without land use levy collection or with land use
levy collection but have paid levies which originate from the State budget;
which are leased land by the State and have paid annual land rents; and which
have been transferred the land use rights and have paid therefor money
originating from the State budget.
3. The recovered land falls into
one of the cases prescribed as follows:
a) Organizations which are
assigned land by the State without land use levy collection or with land use
levy collection but have paid levies which originate from the State budget;
which are leased land by the State and have paid annual land rents are
dissolved, bankrupted, moved to other places, decreased or not have demand for
land use.
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c) The land users who deliberately
destroy land;
d) Land handed to incorrect
objects or incorrect competence (except for case specified in Article 46 of the
Decree No. 84/2007/ND-CP);
dd) Land is illegally
encroached, occupied in the following cases:
- Unused land is illegally
encroached, occupied;
- Land not allowed land use right
transfer in accordance with the Land Law but the land user let land being
illegally encroached, occupied due to irresponsibility
e) The land users die without any
heirs;
g) The land users voluntary return land;
h) Land users deliberately
refuse to fulfill their obligations towards the State;
i) Land, which is assigned or
leased by the State for definite terms, is not entitled to the extension of its
use duration upon the expiry thereof;
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l) Land assigned or leased by the
State for execution of investment projects is not used for twelve (12) months
in a row or the use tempo is twenty four (24) months slower than the tempo
inscribed in the investment projects, as from the time of receiving of the land
on the field, without the permission of the agencies competent to assign or
lease such land.
The handling of land levies, land
rents, assets invested on land for cases subject to land recovery specified in
clause 3 of this Article shall be implemented as prescribed in clause 3 Article
34 and Article 35 of the Government’s Decree No. 181/2004/ND-CP dated October
29, 2004, on implementation of the 2003 Land Law (hereinafter referred to as
the Decree No. 181/2004/ND-CP);
4. Protective forest land;
special-use forest land; land for construction of offices, non-business
facilities; land used for defense and/or security purposes; land for
communications, irrigation; land for construction of cultural, medical,
educational and training, sport and physical training works and other public
works in service of public interests; land for cemeteries, grave-yards.
5. Agricultural land used by
population communities.
6. Agricultural land used for
public-utility purposes of communes, wards and townships.
7. The persons who are recovered
land by State with one of conditions specified in Article 4 of this provision,
but fall in one of cases specified in clauses 2, 3, 4, 5 and 6 of this Article.
Article 6.
Principles for asset compensation
In furtherance of Article18 of the
Decree No. 197/2004/ND-CP dated December 03, 2004. In case the system of
machines, production chains may be disassembled and moved, only expenses for
dismantle, transport, installment and damage when disassembly, transport,
install specified in clause 6 Article 18 of the Decree No. 197/2004/NĐ-CP are
compensated: Organizations assigned tasks of compensation, support and
resettlement shall make or hire agencies with function to make estimates of
expenses for dismantle, transport, installment and damage (if any) and send
them to agencies with function of appraisal or approval to do basis for
agencies approving plan on compensation in consideration and decision.
Article 7.
Prices for calculation of compensation and support
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2. For works on land and graves
without price table under existing regulations of the provincial People’s
Committee, organizations assigned tasks of compensation, support and resettlement
shall apply the corresponding price level or make estimates (being allowed to
hire unit with function of making estimates) and send them to the
district-level People’s Committee or hire an unit with legal status for
appraisal in order to do basis in putting them in the plan
on compensation to submit to the authority level for approval; for crops not
stated in the price table under existing regulation of the provincial People’s
Committee, organizations assigned tasks of compensation, support and
resettlement shall apply the corresponding price level and send them to the
district-level People’s Committee or hire unit with legal status for appraisal
to do basis in putting them in the plan on compensation to submit to the
authority level for approval.
3. Cases of delayed compensation
shall comply with clause 2 Article 9 of the Decree No. 197/2004/ND-CP:
a) If delays in compensation are
caused by agencies or organizations responsible for compensation and the prices
of land and assets atatched to land at the time of compensation publicized by
the provincial-level People’s Committees are higher than those at the time of
issuance of the recovery decisions, compensation shall be made at the land
prices at the time of payment of compensation money; if the prices of land and
assets atatched to land at the time of compensation are lower than those at the
time of issuance of the recovery decisions, compensation shall be made at the
land prices at the time of issuance of the recovery decisions;
b) For delays in compensation
caused by persons who have land recovered, if the prices of land and assets
atatched to land at the time of compensation are lower than those at the time
of issuance of the recovery decisions, compensation shall be made at the prices
of land and assets atatched to land at the time of compensation; if the prices
of land and assets atatched to land at the time of compensation are higher than
those at the time of issuance of the recovery decisions, compensation shall be
made at the prices of land and assets atatched to land at the time of issuance
of the recovery decisions.
Article 8.
Compensation for remaining land investment expenses
Cases enjoyed compensation for
remaining land investment expenses specified in point b clauses 2, 3, 4 and 5
Article 16 of the Decree No. 69/2009/ND-CP shall be calculated under clause 2
Article 5 of the Circular No. 14/2009/TT-BTNMT; in case there is no dossier,
document on expenses invested in land, the remaining land investment expenses
shall be calculated to be equal to 30% of compensation value of land which have
the same use purpose with that land plot.
Article 9.
Residential land compensation for persons sharing land use rights
Residential land compensation for
persons sharing land use rights specified in clause 1 Article 15 of the Decree
No. 197/2004/ND-CP and clause 2 Article 7 of the Circular No. 14/2009/TT-BTNMT
but having no document to define land area that belongs to private use right of
each organization, household or individual is prescribed as follows:
1. In case where persons sharing
land use rights reach agreement on division of compensation and support, the
amount of compensation and support shall be directly paid to each person in
principle that total amounts paid to each persons shall not exceed total
amounts of compensation and support for whole land area of co-use right;
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Article 10.
Compensation and support for land and assets on land in the safety corridors
when building public works with corridors for safety protection
1. In case of not changing the
land use purpose (houses and works are eligible to exist in the corridors for
safety protection of works) but limiting the use ability, the compensation and
support in cash shall be performed under the actual damage levels according to
clause 2 Article 8 of the Circular No. 14/2009/TT-BTNMT, clause 5 and clause 6
Article 1 of the Decree No. 81/2009/ND-CP being prescribed as follows:
a) For land:
- Residential land and land with
gardens and ponds in same residential land plot:
+ Residential land is supported
equal to 80% of compensation value for residential land at the land unit price
under the existing regulation of the provincial People’s Committee; the
residential land that is supported due to limitations on use ability is the
actual residential land situated within the safe corridors of high-voltage
power grid;
+ Land with garden or pond in a same residential land plot (not
eligible to be recognized as residential land) shall be supported equal to 60%
of compensation and support value for land with garden
or pond at the land unit price under existing regulation of the provincial
People’s Committee; the area of land with garden
or pond in a same residential land plot that is supported due to
limitations on use ability is the actual residential land area situated within
the safe corridors of high-voltage power grid.
- Garden land and perennial tree
land that are not in a same residential land plot, production forest land shall
be supported equal to 60% of compensation and support value for land at the
land unit price under the existing regulation of the provincial People’s
Committee applicable to the land area situated in the safe corridors of
high-voltage power grid so as to change the land use purpose into the annual
tree land; depending on land plot, the support levels shall be calculated
according to Article 20 or Article 21 of this Regulation.
The land users who have received
land subsidy are not entitled to grow trees which have ability of heigh
development causing affect to the safe protective corridors of hight-voltage
power grid.
b) For trees which have been
planted before building the conductor line on air, in case of due to affects to
the safe protective corridors of hight-voltage power grid, these trees must be
cut down, the compensation shall be calculates in accordance with regulation;
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2. For cases where households with
houses must move out the corridors:
a) Compensation and support for
assets on land and resettlement: The compensation and support for assets on
land and resettlement shall comply with the existing regulation of the
provincial People’s Committee;
b) Land recovery and compensation:
After paying compensation for movement of dwelling houses as prescribed, the
residential land area within the corridors shall be changed the land use
purpose into agricultural land for annual trees.
Article 11.
Handling of some specific case about the agricultural land and residential land
area that remain after land recovery
1. In case where the area of
agricultural land plot that remains after recovery fail to have ability for
cultivation due to affects of projects, the land user has a request application
which is confirmed by the commune People’s Committee where the recovered land
is situated, depending on specific cases, the district People’s Committee shall
consider and decide land recovery and make compensation as prescribed and
assign the commune People’s Committee in management and use, not calculate for
compensation in the next projects.
2. Handling for cases where the
remaining residential land area in urban area is not eligible for construction
of dwelling house.
a) The State shall recover land
for cases where the remaining residential land area in urban area is not eligible
for construction of dwelling house in accordance with regulation. Specifying:
- The remaining area less than 15m2;
- The remaining area is between
15m2 and less than 40m2 and sizes of front-face width and depth are 3m less
than the construction boundaries; or the remaining land part has special shape,
with many corners, edges cannot be used for dwelling house; or the remaining
land area is not suitable with planning for building dwelling house.
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b) In case the land users have
other land plot adjacent to the remaining land area which have ability to make
consolidation of two land plots, ensure eligibility for construction and in
conformity with planning, land shall not be recovered and the land users shall
be allowed to continue use of the remaining land area after performing
procedures for consolidation of land plots.
3. In case where the residential
land area in rural area after being recovered by State is less than 100m2 but
has special shape with many corners, edges, cannot to used as dwelling house;
or the remaining land area is not suitable with planning for construction of
dwelling house; and the land users have a request application which was
confirmed by the commune People’s Committee where the recovered land is
situated, depending on each specific case, the district People’s Committee
shall consider and decide the land recovery and compensation under regulation
and assign the commune People’s Committee (or the Center of land fund
development affiliated People’s Committee of district or city) for management.
Article 12.
Handling of specific cases on the compensation and support for houses and works
Handling of specific cases on the
compensation and support for houses and works shall comply with Article 12 of
Decree No. 197/2004/ND-CP, Article 10 of Circular No. 14/2009/TT- BTNMT and
specified as follows:
1. Houses and works permitted for construction on land eligible to be compensated as prescribed in
Article 4 of this Regulation shall be compensated as prescribed in Article 24
of the Decree No. 69/2009/ND-CP.
2. Houses and works not permitted
for construction, depending on level and lawful nature of land, house and works
shall be compensated or supported under the following provisions:
a) Houses and works built on land eligible for compensation as prescribed in Article 4 of this
Regulation:
- Being built prior to July 01,
2004, but at time of construction, not yet had plannings, plans on land use
publicized by competent authorities or construction is suitable with plannings,
plans on land use, not violate protective corridors of works, the compensation
shall be performed in accordance with Article 24 of the Decree No.
69/2009/ND-CP;
- Being built prior to July 01,
2004, but at time of construction, violated plannings, plans on land use
publicized and demarcated by competent
authorities or violated protective corridors of works, the land users shall be
supported by 80% (on residential land) and by 50% (on agricultural land) of the
compensation levels as prescribed in Article 24 of the Decree No.
69/2009/ND-CP.
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- Being built prior to July 01,
2004, but at time of construction, not yet had plannings, plans on land use
publicized by competent authorities or construction is suitable with plannings,
plans on land use, not violate protective corridors of works, the land users
shall be supported by 80% of the compensation level as prescribed in Article 24
of the Decree No. 69/2009/ND-CP;
- Being built prior to July 01,
2004, but at time of construction, violated plannings, plans on land use
publicized and demarcated by competent authorities or violated protective
corridors of works, the land users shall be supported by 20% of the
compensation levels as prescribed in Article 24 of the Decree No.
69/2009/ND-CP.
c) Houses and works which are
built on residential land from July 01, 2004 or later, and at time of
construction, violated plannings, plans on land use publicized and demarcated
by competent authorities or violated protective corridors of works, shall be
supported by 20% of the compensation levels as prescribed in Article 24 of the
Decree No. 69/2009/ND-CP.
d) Houses and works which are
built on residential land after plannings, plans on land use are publicized and
not permitted construction by competent authorities shall not be compensated,
but be considered for support only, or not be supported, depending on each
specific case specified in points a, b and c of this clause;
dd) Houses, architectures which
are built on residential land before time of announcement of plannings, plans
on land use (being eligible for compensation of 100% of value) but damaged, no
ability for continuing use and need to be repaired (not changing structure) or
must build new houses (under scale of old houses) after plannings, plans on
land use have been announces and before time of notification on land recovery,
before repairing or re-building new houses, households must have request
application and have written consensus of the commune People’s Committee where
land is situated and must take responsibility for consensus for repair or
re-construction of new houses shall be compensated for 100% of value;
e) In case where households,
individuals in planned areas have urgent demands about residence so they have
to built additionally dwelling houses or works on residential land after the
plannings, plans in land use in details have been publicized and before time of
notification on land recovery, households, individuals must have a request
application for construction permission and have consensus of the commune
People’s Committee where the recovered land is situated on the basis of
consideration of each specific condition, circumstance, and the scale of area
and house grade under the request application of heads of households must be
publicized, listed at offices of commune People’s Committees and at living places of residential areas where heads of households are residing;
the listing duration is ten (10) days minimally and granted the temporary
construction permit by the commune People’s Committee (only permitted to build
houses of level 4 or houses of lower level); especially for works serving
essentially for life of households such as: toilets, bathrooms, living water
tanks, cages for cattle and poultry livestock, it must have written consensus
of the commune People’s Committee, the compensation and support shall be
performed as follows:
- During 03 years, from the day of announcement and demarcation for detailed construction
plannings on field, the State allows additional construction of temporary
dwelling houses and works on residential land but those shall not be
compensated or supported;
- After 03 years, from the date of
announcement and on-field demarcation for detailed construction plannings, if
plannings have not yet been carried out, the State allows building dwelling
houses, which are compensated and supported as follows:
+ Essential works serve for living
activities of households shall be compensated as reality;
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+ For case where households have
many household members who wish to build additionally dwelling houses, total
area of existing house and are of additional construction shall not exceed 20m2/
household member.
g) Houses and works which are
built on land from July 01, 2004 or later, but built improperly with purpose of
land use as prescribed by law shall not be compensated, supported; persons
having those houses and works must self-dismantle.
Article 13.
Compensation of houses and works applicable to persons using dwelling houses
owned by State
Compensation of houses, works for
persons using houses owned by State shall comply with Article 21 of Decree No.
197/2004/ND-CP, Article 11 of Circular No. 14/2009/TT- BTNMT and specified as
follows:
1. Persons who contracted to hire
dwelling houses owned by State, persons who are using collective houses being
build by agencies, units to allocate residence for officers, workers, employees,
persons who are using houses which have ever been the working houses,
warehouses, factories formely but those persons are allocated by agencies, unit
to use as residence (referred to as persons using houses owned by State), which
are located in land area withdrawn and must be demolished, those persons shall
not be compensated for area of houses and land owned by State. If houses of
those persons are subject to clearance entirely, those persons must relocate
(not continue hiring houses owned by State) and if those persons had separate
household registration at their residences but there is no dwelling house at
resettlement area so as to lease, those persons shall be considered to support
in cash for acquiring new residences; the support level is equal to 60% of land
value under the land area stated in contract of hiring house or land area
allocated together with dwelling house but the maximum level does not exceed
the local land assignment limits in accordance with existing regulation of the
provincial People’s Committee and 60% of house value for area of hired house or
assigned house.
Parts of houses or works, which
are renovated, repaired, upgraded or expanded additionally, in land precinct of
the hired houses or assigned houses, by themselve households, before plannings,
plans on land use are approved and prior to 01/7/2004, shall be supported 100%
of compensation value and just applied to houses at IV-B level or lower
(including other works). In case of houses built at IV.A level or higher, unit
price of compensation shall be calculated to be equal to unit price of house at
IV.B level.
2. Cases of illegal transfer,
trespass or illegal occupation, case where agencies of house management have
refused for construction permission when building, building after plannings,
plans on land use are approved, building outside of land precinct of the hired
houses or allocated houses, households are forced for self dismantle without
compensation or support.
Article 14.
Compensation for moving graves
To comply with Article 22 of the
Decree No. 197/2004/ND-CP dated 03/12/2004. Especially for graves have no
relatives, the communal People’s Committees where land have recovered shall
declare under their names and receive compensation for moving graves as
prescribed. When moving graves, there must be confirmation on field between
investors, organizations assigned task of compensation, support and
resettlement, representatives of households subject to the land recovery and
the communal People’s Committees so as to use as grounds for paying amounts of
compensation and support.
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To comply with Article 23 of the
Decree No. 197/2004/ND-CP dated 03/12/2004. Especially for projects when
recover land, there are cultural works, historical relics, pagodas, temples,
religious temples, ancestor worshiping halls or family line worshiping temples,
hermitages, shrines managed by localities, which have so complex structure that
unit price for compensation under the existing regulations of the provincial
People’s Committee fail to be applied, organizations assigned task of
compensation, support and resettlement shall make or hire an functional unit to
make estimates and plans on relocation and send them to the provincial
Department of Culture- Sport and Tourist which shall assume the prime
responsibility for, and coordinate with concerned departments and sectors in
evaluating and submitting to competent authorities for approval to implement.
Article 16.
Compensation for cultivated plants and reared animals
Compensation for cultivated plants
and reared animals shall comply with Article 24 of Decree No. 197/2004/ND-CP,
Article 12 of Circular No. 14/2009/TT- BTNMT and specified as follows:
1. Principles for compensation:
Plants, crops and reared animals (including aquaculture) on land enjoyed
compensation must ensure the following conditions:
a) Density of cultivated plants
must be suitable with the density prescribed by State;
b) For the perennial trees with
root diameter of 10 cm or longer, those trees shall be compensated as reality;
if root diameter are less than 10 cm, those trees shall be counted under
density;
c) For reared animals (including
aquaculture), salt on fields and nursury seedlings:
- If at time of approving plan on
compensation, it was harvest stage; they shall not be
counted for compensation, support;
- If at time of approving plan on
compensation, it has not yet arrived harvest stage, they shall be compensated
for actual damages because they must implement early harvest so as to hand
over, return land on time; if they can relocate, expenses for relocation and
actual damages because they must relocate shall be counted for compensation.
Organizations assigned tasks of compensation, support and resettlement shall
coordinate with functional agencies of the district People’s Committee where
land is recovered in determining the specific compensation levels in order to
submit to authorities competent to approving plan on compensation for
consideration, decision.
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In case where organizations,
individuals who are assigned land, leased land by State wish to be kept
forests, gardens to be intact in order to create landscape, environment for
projects, organizations, individuals assigned land by State must support
additionally for persons having forests, gardens; the support level is equal to
50% of compensation value of those forests, gardens; this additional supportive
funding is not deducted in land levies, land rents as prescribed.
2. Compensation:
a) Perennial trees: Compensation
under the actual inventory data as prescribed in clause 1 this Article,
quantity of trees over the prescribed density is supported only about seedling
price at the prices prescribed by the provincial People’s Committee, but not
exceed once of the allowable density , for case of
regenerative trees, maximally only counted for 2 shoots per root. For trees
which have arrived time limit of liquidation, owner shall only be compensated
for felling expenses;
b) Compensation level for annual
trees shall be counted to be equal to value of harvest output of 01 such
harvest crop. Value of output of a harvest crop shall be counted under the
productivity of the crop with highest productivity during three (03) adjacent
previous years of main cultivated trees at localities under the average price
of the products of main cultivated trees at time of approving plan on
compensation (for projects need make many small plans);
c) For cultivated trees improperly
with land use purpose before date of announcing plannings, plans on land use,
these trees shall be supported under the price of those seedlings, at the price
levels prescribed by the provincial People’s Committee, but not exceed once of
the allowed density. For cultivated trees on garden bunds, plot bunds before
the date of announcing plannings, plans on land use, these trees shall be
compensated under the actual inventory quantity regardless of land use purpose;
d) For cultivated trees and
sub-forest products planted on area of forestry land assigned to households,
individuals by State for cultivation, zoning for rearing, protection,
reproduction of forests, but when assigning, they are barren land and hills,
households and individuals already invested in planting forest by their capital
shall be compensated under the sale prices of forest trees which are cut at
forest gate with the same kind in localities at time of issuing decision on
land recovery or at time of making plan on compensation and deducted the
recovery value (if any).
3. For willow, eucalyptus and
acacias of all kinds with root diameter longer than 14 cm, it is required to
determine the specific root diameter and height in inventory minutes and
sonsensus of heads of households serving as basis for calculating compensation
according to cubic meter (m3) of paper material
4. For cultivated trees interfered
with various trees on a same area shall be compensated as
follows:
a) For cultivated trees interfered
on a same residential land plot, garden land in same residential land plot
prior to time of notification on land recovery shall be calculated compensated
based on actual quantity;
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5. Compensation amounts for natural forest are
remitted to the provincial state budget; especially for forest trees planted by
capital from state budget, natural trees assigned to organizations, households,
individuals for planting, management, caring, protection, the compensation
amounts shall be divided to the persons managing, caring, protecting in
accordance with law on forest protection and development, the forest project
management board shall supply dossiers for each specific case at the request of
organizations assigned task of compensation, support and resettlement.
Chapter III
SUPPORT POLICY
Article 17. Relocation
support
Relocation support shall comply with article 18
of the Decree No. 69/2009/ND-CP and specified as follows:
1. For households, individuals who must relocate
when State recovers land in accordance with clause 1 article 18 of the Decree
No. 69/2009/ND-CP and be confirmed the scope of relocation by the communal
people’s Committee, support shall be prescribed as follows:
a) Relocation in scope of Quang Ngai province,
they shall be supported 5,000,000 VND/household;
b) Relocation of entire dwelling house outside
province, they shall be supported 7,500,000 VND/household;
c) For households hiring dwelling houses not
owned by State before planning, plan on land use, and these households have
lawful lease contracts, if they must relocate when State recover land and
dismantle houses, they shall be supported the relocation expenses of 3,500,000
VND/household.
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Organizations assigned task of compensation,
support and resettlement shall make estimate for relocation expenses or hire
advisory organizations or individuals with legal status to make and appraise
estimate for relocation and submit to authorities competent to approval for the
compensation plan for consideration and decision.
3. Persons who are recovered residential land
and have no other residence, while waiting to acquire new residence (allocation
in resettlement areas) shall be allocated temporary residential houses or
supported house rents, prescribed as follows:
The persons who is recovered land must relocate,
move residence entirely, or households which dismantle partly house but the
remaining part cannot be used and they must build new houses, if there is no
other residence in commune, ward, township where land is recovered, and be
confirmed by the commune People’s Committee where land is recovered, during
waiting for rebuilding houses or acquiring new residence, they shall be
supported house rents or permitted to make temporary house as follows:
a) For households with five (05) household
members or less than, they shall be supported VND 9,000,000 household/6 months;
for households with six (06) household members or more than, each increased
household member shall be supported VND 900,000 person/6 months;
b) If at time of ground handover, in case of not
yet having land for resettlement, but due to requirement on process of ground
clearance for project implementation and households have been reached
uniformity, they shall be supported additionally 1,500,000 VND/month for
households with five (05) members or less than, for households with six (06)
members or more, each increased member shall be supported VND 150,000
person/month from the date of ground handover until households are assigned
resettlement land; the investors of resettlement area construction shall report
to authorities competent to investment decision about reason of delay of
resettlement land handover, propose specifically the completion duration of the
resettlement area and take responsibility with State for this handover delay;
c) In case households have been calculated
compensation and support by State as prescribed and assigned resettlement land
but they refused for receiving resettlement land, they shall not be supported
additionally from the date of inviting for land handover.
Article 18. Resettlement
support
Resettlement support shall comply with article
19 of the Decree No. 69/2009/ND-CP, item 2 of the Official Dispatch No.
310/BTNMT-TCQLdd dated 29/01/2010 of the Ministry of Natural Resources and
Environment, on settling problems upon implementing the Decree No.
69/2009/ND-CP (hereinafter referred to as the official dispatch No.
310/BTNMT-TCQLdd) and specified as follows:
1. A minimum resettlement quota, according
to clause 1 article 19 of the Decree No. 69/2009/ND-CP, including a residential land quota with smallest area and lowest
value in resettlement area, prescribed as follows:
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b) A minimum resetlement quota is
defined as follows:
- For resetlement areas already
been built and defined in the annual residential land price table in
geographical areas of province, the minimum resettlement quota shall be defined
by: if land price at the resettlement area has been fixed at a price only, the
area of the minimum land plot in resettlement area shall be multiplied with the
set price unit; if land price at the resettlement area has been fixed at many
price levels, the area of the minimum land plot in resettlement area under each
price level shall be multiplied with the price unit under each price level,
then compare value between positions calculated, the minimum value shall be
defined as the minimum resettlement quota;
- For resettlement areas that have
just been built and not yet been defined in the annual residential land price
table in localities of province, the minimum resettlement quota shall be
defined by: Organizations assigned tasks of compensation,
support and resettlement shall coordinate with investors in proposing the
specific value of minimum resettlement quota for each project and send to
financial agencies at the same level; the financial agencies shall assume the
prime responsibility for, and coordinate with concerned agencies in appraising
and submitting to authorities approving plan on compensation for approval to do
basis for calculation of support as prescribed.
2. An infrastructure investment
quota according to clause 2 article 19 of the Decree No. 69/2009/ND-CP to calculate support is precribed as follows:
Households, individuals who must
relocate when State recover land but they can self-acquire residence, they
shall be supported an amount equal to an infrastructure investment quota
calculated for a household in a concentrated resettlement area; except for case
where they have been received amounts for resettlement
support as prescribed in clause 1 of this article.
An infrastructure investment quota
calculated for a household in a concentrated resettlement area to support shall
be VND 120,000,000 (one hundred twenty million Vietnam dong) for wards; VND
80,000,000 (eighty million Vietnam dong) for townships and VND 60,000,000
(sixty million Vietnam dong) for the remaining communes; each eligible
household shall be support once only.
Article 19.
Support for life and production stabilization
Support for life and production
stabilization shall comply with article 20 of the Decree No. 69/2009/ND-CP, article 14 of the Circular No. 14/2009/TT-BTNMT and specified as follows:
1. Households, individuals
directly producing agriculturally, which are eligible to be compensated upon
State recover agricultural land (including land with gardens, ponds and
agricultural land prescribed in clause 1, clause 2 article 21 of the Decree No.
69/2009/ND-CP) shall be supported for
life stabilization according to the following provisions:
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b) In case of recovering over 70%
of area of used agricultural land, they shall be support for life stabilization
within 12 months if they do not have to relocate and within 24 months if they
have to relocate; in case where they have to relocate to areas with difficult
economic and social conditions or special difficult economic and social
conditions, support duration shall be 36 months;
c) In case where each recovery
land part is less than 30%, they shall be accumulated untill reach 30% of area of
used agricultural land to be calculated support according to point a this
clause; when the accumulated number is over 70% of area of used agricultural
land, they shall be calculated for support according to point b this clause but
it is required to deduct the number of months supported before, the accumulated
level shall be defined for all area of recovered agricultural land of projects
implemented from the effective date of the Decree No. 197/2004/ND-CP; the
support level under the support rate which the last investor takes
responsibility for the persons who have land recovered.
If each recovery land part is less than 30% or accumulation of recovery land parts is less than 30% of area of used agricultural land, they shall be not
supported.
2. Households, individuals who are
recovered residential land and have to relocate or move residence on the
remaining land part but not fall in cases prescribed in clause 1 this article,
they shall be supported for life stabilization within six (06) months if
households must relocate or move residence on the remaining land part and
within three (03) months if households have main houses that are cut partly, in
case they have to move to locations with difficult economic – social conditions
or special difficult economic – social conditions, the support duration will be 12 months.
3. The support level for a
household member as prescribed in clause 1 and clause 2 of this article shall
be counted in cash equivalent to 30 kg ordinary rice which is notified quarterly by the provincial Department of Finance, so as to apply in
localities of province. The number of household members counted for support is
defined under the current number of members in household at time of making plan
on compensation and confirmed by the commune People’s Committee where land is
recovered.
4. Support for production and
business suspension:
a) When State recovers land of
economic organizations, production and business households registered business
which have to suspend production and business activities as prescribed in
clause 2 article 20 of the Decree No. 69/2009/ND-CP, clause 3 article 14 of the
Circular No. 14/2009/TT-BTNMT, they shall be supported equal to 30% of one (01)
post-tax income year, according to the average income level of three (03)
adjacent previous years; in case where the business time is not sufficient
three (03) years, it shall be counted under the average income level (counted
annually) from the date of beginning business (according to the certificate of
business registration) to time of land recovery.
The post-tax income is defined by
basing on audited financial statements or accepted by tax agencies; in case
where these financial statements have not yet been audited or accepted by tax
agencies, the determination of post-tax income is based on the post-tax income
as declared by units in the financial statements, reports on results of
production and business operation at the end of each year already sent to tax
agencies.
For organizations of which a part
of works are demolished but not affect to process of production, business and
service provision or of which works are demolished and have to suspend
production and business but have not yet finished financial duties to State as
prescribed at time of announcement on land recovery, they shall not be
supported for production and business suspension.
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For households of which houses are
demolished partly but not affect to process of production, business and service
provision or of which houses are demolished and have to suspend production and
business but have no certificate or business registration or have certificates of
business registration but get tax debt for 3 last months or have been withdrawn
business permit, they shall not be supported for production and business
suspension.
5. Households, individuals who are
using land as from receiving land under contracts in order to use for
agricultural, forestrial or aquacultural purposes (excluding protective forest
land) specified in clause 3 article 20 of the Decree No. 69/2009/ND-CP, when
State recover land, they shall be supported equal to 70%
of land price according to current use purpose but not exceeding the land
assignment limits for agricultural production in localities.
6. Households, individuals who are compensated
by agricultural land specified in Clause 4 Article 20 of the Decree No.
69/2009/ND-CP are prescribed as follows:
- Support once in cash for purchase of plant
varieties and animal breeds according to density of planting or rearing on area
compensated by land;
- Support once in cash for services of
agricultural encouragement, forestry encouragement, services of plant
protection, veterinary, techniques of cultivation and professional techniques
for production on area compensated by land.
Organizations assigned tasks of compensation,
support and resettlement shall coordinate with functional agencies of the district-level
People’s Committees where land is recovered in defining and proposing subsidies
for plant varieties, animal breeds and services in conformity with reality and
prices at time of making plan on compensation and submitting to authorities
competent to approval of plan on compensation for consideration and decision.
Article 20. Support for
agricultural land in residential area and land with gardens, ponds not be
recognized as residential land
Support for agricultural land in residential
area and land with gardens, ponds not be recognized as residential land shall
comply with Article 21 of the Decree No. 69/2009/ND-CP, Article 15 of the
Circular No. 14/2009/TT-BTNMT, item 3 of the official dispatch No.
310/BTNMT-TCQLdd and specified as follows:
1. Residential areas in town, residential areas
in rural areas are defined under boundaries of land plots with houses at
outermost position of villages, hamlets, and similar resident locations.
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2. Support level:
a) When households, individuals are recovered
land with gardens, ponds in a same land plot with houses in residential area
but not recognized as residential land; land with gardens, ponds in a same land
plot with separate house; land with gardens, ponds in a same land plot with
house along to canals and traffic routes specified in Clause 1 Article 21 of
the Decree No. 69/2009/ND-CP, apart from compensation according to price of
agricultural land for planting perennial trees, households, individuals also
are supported equal to 50% of price of residential land of such land plot, the
supported area is equal to 05 (five) times of residential land assignment limit
in accordance with current regulations of the provincial People’s Committee but
does not exceed area of recovered land. If total support level of land with
gardens, ponds in a same land plot with houses but not recognized as
residential land is lower than the total support level of agricultural land
specified in point b this Clause, it allows to select support according to
point b of this Clause;
b) Households, individuals who are recovered
agricultural land in administrative boundary of wards, in residential area of
township, rural residential area; agricultural land plot adjacent to boundary
of wards, boundary of residential area specified in Clause 2 Article 21 of the
Decree No. 69/2009/ND-CP, apart from being compensated under the price of
agricultural land, shall also be supported according to the percentage rate of
the average residential land price as promulgated annually by the provincial
People’s Committee.
The supported area is equal to five (05) times
of residential land assignment limit in accordance with current regulation of
the provincial People’s Committee but does not exceed area of recovered land.
3. In case where households, individuals
directly producing agriculturally and being assigned agricultural and forestry
land by State as prescribed in points a, Clause 1 Article 22 of this
Regulation, are recovered agricultural land in residential areas and land with
gardens, ponds not be recognized as residential land, if total support levels
of land is lower than total support levels counted under Article 21 of this
Regulation, it allows to select support according to Article 21 of this
Regulation.
Article 21. Support for job
change and creation
Support for job change and creation shall comply
with Article 22 of the Decree No. 69/2009/ND-CP, Article 16 of the Circular No.
14/2009/TT-BT and specified as follows:
1. Support for job change and creation shall be
equal to 2.5 times of agricultural land price for all area of recovered
agricultural land eligible for compensation, but the compensated area does not
exceed two (02) ha for one household; especially for forestry land (production
forest land), the support level shall be equal to 3.5 times of agricultural land
price but the compensated area does not exceed area situated in local plan on
land assignment (if localities have no plan on land assignment, the supported
area shall not exceed five (05) ha).
In case where localities have condition on land
in order to support once by a residential land quota or a non-agricultural
production and business land quota specified in point b Clause 1 Article 22 of
the Decree No. 69/2009/ND-CP, they shall be supported level of residential land
quota or non-agricultural production and business land quota with area equal to
new residential land assignment limit as prescribed by the provincial People’s
Committee.
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Organizations assigned tasks of compensation,
support and resettlement shall formulate plan on vocational training, job change
and creation for households that are recovered cultivation land, in
resettlement areas. This plan is made and approved together with the plan on
compensation, support and resettlement.
Content of plan needs define clearly: Labor and
job situation, needs of vocational learning, changing jobs; needs and
aspirations about jobs; targets, norms, tasks of vocational training, job
change and creation; subjects and conditions to be support for vocational
learning.
a) Training expenses:
Expenses for a vocational training include:
Support for learning charges, accommodation, travelling and other expenses
directly involving the training course. Duration of a training course does not
exceed 12 months; support norm of training charge is 03 million VND/ course. Support
of meal is 20,000 VND/ actual learning day; support of traveling does not
exceed 200,000 VND/ training course, if the residing place is 15km or further
in comparison with learning place. The provincial Department of finance shall
guide implementation of the expenditure norm;
b) Responsibilities of organizations assigned
tasks of compensation, support and resettlement;
- To make and submit to competent agencies for
approval of plan on vocational training, job change and creation in respect to
households who are recovered cultivation land; concurrently to be focal agency
which shall assume the prime responsibility for, and coordinate with
departments, sectors, localities, concerned units in implementing the plan
already approved;
- To coordinate with the provincial Service of
labor - Invalids and Social affairs in selecting the establishments of
vocational training to enter into contracts of vocational training with those
establishments of vocational training;
- To pay cost for a training course under contract
already signed with establishments of vocational training.
c) Responsibilities of investors:
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- To commit in writing with organizations
assigned tasks of compensation, support and resettlement about receipt of
laborers who are relocated cultivation land, give up land for projects and must
change jobs to work in companies, factories, plants, etc under projects
recovering land (using minimally 60% of untrained laborers, 100% of laborers
received vocational training suitable with employment requirement of
enterprises, if these laborers wish to work in enterprises).
3. Especially for fishing households, the
provincial People’s Committee shall have specific regulation on support level.
Article 22. Subjects, area
of used agricultural land to define support for life and production stabilization
at Clause 1 Article 19; support for job change and creation at Clause 1 Article
21 of this regulation and being specified as follows:
1. Subjects, which are supported for life and
production stabilization, supported for job change and creation, are households,
individuals directly producing agriculturally complying with clause 1 Article
14 of the Circular No. 14/2009/TT-BTNMT, point a, item 1 of the official
dispatch No. 310/BTNMT-TCQLdd and defined as follows:
a) Households, individuals who are assigned
agricultural land, forest land upon implementing the Government’s Decree No.
64/CP, dated 27/9/1993, promulgating regulation on assigning agricultural land
to households and individuals for stable and long-term use in purpose of
agricultural production; the Government’s Decree No. 02/CP, dated 15/01/1994,
promulgating the regulation on assigning forestry land to households and
individuals for stable and long-term use in purpose of forestry production; the
Government’s Decree No. 85/1999/ND-CP dated 28/8/1999, amending and
supplementing a number of Article of the regulation on assigning agricultural
land to households and individuals for stable and long-term use in purpose of
agricultural production and supplementing the salt land assignment to
households and individuals for stable and long-term use; the Government’s
Decree No. 163/1999/ND-CP dated 16/11/1999, on assigning land, leasing forestry
land to organizations, households and individuals for stable and long-term use
in forestry purpose ; the Decree No. 181/2004/ND- CP;
b) Agricultural members in household specified
in point a of this clause but arise after agricultural land is assigned to that
household;
c) Households, individuals fall in subjects
eligible to be assigned agricultural land as prescribed in point a of this
Clause but have not yet been assigned agricultural land and are using
agricultural land due to being transferred, received inheritance, donation,
reclaiming as prescribed by law; and being confirmed by the commune People’s
Committee, where land is recovered, that they are directly producing on that
agricultural land.
2. Area of agricultural land that is counted for
life and production stabilization and used by households, individuals specified
in clause 1 article 19 of this Regulation includes: Area of annual tree land,
perennial tree land, assigned land for planting production forest, land for
aquaculture, salt land, other agricultural land complying with Clause 2 Article
14 of the Circular No. 14/2009/TT-BTNMT and defined as follows:
a) For agricultural land had papers involving
land use right (certificate of land use right, papers specified in clauses 1, 2
and 5 Article 50 of the Land Law), it shall be defined under the land area
stated in such papers;
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c) For agricultural land had no papers, no plan on
assigning agricultural land specified in points a, b of this clause, it shall
be defined under the actual using status.
3. Regarding agricultural land area counted to
support for job change and creation specified in clause 1 Article 21 of this
provision shall comply with point a item 1 of the official dispatch No.
310/BTNMT-TCQLDD and be defined as follows:
a) For districts, cities which have performed or
not yet performed the agricultural land assignment according to the Decree No.
64/CP, agricultural land area includes: Annual tree land, perennial tree land,
land for aquaculture, salt land, other agricultural land, land due to
reclamation in proper with law, confirmed by the commune People’s Committees
where land is recovered that households, individuals are directly producing on
that agricultural land, they shall be counted to support but not exceed two
(02) ha for one household;
b) For districts, cities which have performed or
not yet performed the forest land assignment (productive forest land) according
to the Decree No. 02/CP, Decree No. 85/1999/ND-CP, Decree No. 163/1999/ND-CP,
area counted to support will be the area in plans on local land assignment to
households, individuals to directly product (if localities have no plan on land
assignment, area counted to support shall not exceed five (05) ha).
Article 23. Support when
recover public-utility land of communes, wards or townships
Support when recover public-utility land of
communes, wards or townships shall comply with Article 31 of Decree No. 197/2004/ND-CP
and be specified as follows:
In case recovered land belongs to public-utility
land funds of communes, wards or townships, it shall be supported 60% of land
compensation value, subsidy shall be remitted in state budget and brought into
annual communal budget estimate and allowed to use only for investment in
construction of infrastructure used for communal public utility purposes.
Article 24. Other supports
Other supports shall comply with Article 23 of
the Decree No. 69/2009/ND-CP and be specified as follows:
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2. For households that are demolished a part of
houses, the remaining house part still exist on the land part not be recovered,
they shall be supported to repair the demolished house part with levels of
3,600,000 VND/household (for houses of III level or higher level), 2,400,000
VND/household (for houses of IV level and houses on stilts of mountainous
people) and 1,700,000 VND/household (for houses of other form). Especially
repair of awning (NK5 house) is not supported.
A house with various levels shall be supported
at the maximum level of the demolished house. If a household have many houses
demolished partly, it shall be counted to support for repair of the demolished
part according to each house at the support level as prescribed above.
3. For households of which residence are
demolished entirely or partly but the remaining house part is not able to
continue using and they have to build a new house on the remaining land part,
they shall be supported 2,400,000 VND/household to move.
4. For single kiosks used for sale, production
and business with the small nature of householder or used for other services
(not attached to houses, not fall in cases of illegal construction on the illegally-trespassed
land, or built on agricultural land). When suffering entire clearance or it is
not able to use the remaining part to continue sale, production and business,
kiosks shall be supported 1,200,000 VND/kiosk to move.
5. In case of land plots with gardens, ponds in
a same land plot with houses formed prior to 18/12/1980, the land users have no
lawful papers proving that such land plot had been formed (used) as residential
land prior to 18/12/1980, and have been granted certificate of land use right
or not yet been granted certificate of land use right but on the 299 map, these
land plots are presented as residential land (T). The land users must write a
specific explanation about land use origin, land use process and commit about
their declaration before law, the commune People’s Committees shall organize
the publicly listing of the explanation and commitments of land users, collect
opinions of people to present the agreement or disagreement; on that basis, the
commune People’s Committee shall confirm time of beginning the land use as
residential land; confirmation of land origin, time of land use comply with the
form No. 01 promulgated together with the Circular No. 06/2007/TT-BTNMT, dated
02/7/2007 of the Ministry of Natural Resources and Environment.
The commune People’s Committees shall take whole
responsibility for time of using land as residential land prior to 18/12/1980,
land without dispute and listed publicly at offices of commune People’s
Committee and at living places of residential area where land is recovered, the
listing duration is ten (10) days and if no household in area or land recovery
has questions, complaints, feedbacks in writing, apart from the residential
land area which are compensated as prescribed, households shall be also counted
to support additionally for land area similar to residential land equal to
three (03) times of residential assignment limit in accordance with current
regulation of the provincial People’s Committee (especially for plans approved
by the provincial People’s Committee, it is required to be considered and
recognized by the district People’s Committee).
Total residential land area compensated as
prescribed and area counted to support in consideration as residential land for
land plots had been granted certificate of land use right or not yet been
granted certificate of land use right specified in this Clause shall be equal
to 04 (four) times of residential land assignment limit in accordance with
current regulation of the provincial People’s Committee and not exceed the
lawful land area of the recovered residential land plot and be counted to
assign additionally resettlement land at rate of 30% for the area part counted
to support similar to residential land.
The remaining area in a same land plot, after
deducting total area compensated and supported similar to residential land as
prescribed, shall be counted to compensate and support according to type of
agricultural land.
In case where listing and publicizing result of
confirmation about origin and time of using land to do dwelling house, there
are questions, feedbacks or comments in writing, the chairpersons of commune
People’s Committee must organize, direct to verify, clarify and report to the
district-level People’s Committees for consideration and conclusion in writing,
publicizing the conclusions to do basis for considering to support or not.
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a) Households with main relatives (parents of or
persons who had directly nurtured martyrs) having from 3 martyrs or more,
households of Vietnamese Heroic Mother, households with invalids ¼ or diseased
soldiers ¼, households with heroes of armed forces, labor heroes shall be
supported 3,500,000 VND/ household;
b) Households with main relatives (parents of or
persons who had directly nurtured martyrs, wife and children of martyrs) having
2 martyrs, households of martyrs and lack of manpower, households with invalids
2/4 or diseased soldiers 2/4 shall be supported 2,500,000 VND/household;
c) Households with main relatives (parents of or
persons who had directly nurtured martyrs, wife and children of martyrs) having
2 martyrs, invalids or diseased soldiers already ranked, or households being
elderly and lack of manpower or disabled person which are confirmed by the
People’s Committees of communes, wards and townships where having land
recovered shall be supported 1,500,000 VND/ household;
d) Households directly worshiping Vietnamese
Heroic Mothers, Heroes of armed forces, Labor Heroes which are confirmed by
People’s Committees of communes, wards and townships where the recovered land
is situated shall be supported 1,000,000 VND/household;
e) Households, individuals which are recovered
land are poor households at time of land recovery and have to move residence or
relocate or are recovered over 30% of agricultural land area which are being
used, apart from the support as prescribed in Clause 1 of this Article, shall
be supported for life stabilization additionally so as to overcome status of
poor household with the specific support as follows:
- For households in wards in Quang Ngai city and
townships in rural districts: 3,000,000 VND/household;
- For households in Nghia Dung, Nghia Dong
communes in Quang Ngai city and delta communes in delta rural districts:
4,000,000 VND/household;
- For households in mountainous communes in
delta rural districts, communes in mountainous rural district and islands:
5,000,000 VND/household.
The determination of poor household is based on
valid certificate of poor household. In case where households have been
approved for eligibility to fall in case of poor household but have not yet
been granted certificates of poor households, based on approved list of poor
household in year supplied by the district-level divisions of Labor, Invalid
and Social affairs where the recovered land is situated on the basis of
suggests of organizations assigned task of compensation, support and
resettlement.
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7. For households which must move entire
residence or relocate on the remaining land part, and demolish houses with
water meter, electric meter and fixed telephone, movable cable Vietnamese,
fixed internet, these households shall be supported expenses for relocation
(take advantage of old supplies) and expenses for re-installment, as follows:
a) For households which must move entire
residence to new residence:
- Water meter: 1,200,000 VND/household.
- Electric meter:
+ 1-phase electric meter: 350,000 VND/meter;
+ 3-phase electric meter: 600,000 VND/meter.
The support level for relocation of electric
meter is not applied to electric meters installed by household to check the
used-monthly electric output in comparison with main electric meter of
household.
- Fixed telephone: 100,000 VND/machine;
- Cable TV: 600,000 VND/ household;
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b) For households which must relocate entire residence
or only performed clearance partly but the remaining house parts are not able
to use and must rebuild all houses on the remaining land parts:
- Water meter: 600,000 VND/household.
- Electric meter:
+ 1-phase electric meter: 200,000 VND/meter;
+ 3-phase electric meter: 300,000 VND/meter.
8. Support for grave relocation
a) For graves buried less than 01 year
(according to certificate of death or confirmation of the commune People’s
Committee where the recovered land is situated), will be supported additionally
2,400,000 VND/grave;
b) For graves buried from 01 year to less than
02 years (according to certificate of death or confirmation of the commune
People’s Committee where the recovered land is situated), will be supported
additionally 1,700,000 VND/grave;
c) For graves buried from 02 years to less than
03 years (according to certificate of death or confirmation of the commune
People’s Committee where the recovered land is situated), will be supported
additionally 1,200,000 VND/grave;
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e) For projects which must relocate graves of
ethnic minority people, apart from the compensation, support levels as
prescribed, each hamlet will be supported additionally five (05) million VND so
as to organize a grave-leaving ceremony according to particular customs.
9. Households, individuals directly producing
agriculturally that have main living source from agricultural production, when
they are recovered agricultural land being used by state but they are not
eligible to be compensated as prescribed in Article 4 of this Regulation, they
shall be supported 10,000 VND/m2 for the recovered land area, but not exceed
two (02) ha for agricultural land and thirty (30) ha for forest land for one
household.
10. Households, individuals who have land
recovered not fall in cases supported according to article 18 of this
regulation, when assigning resettlement land and remitting land use levies at
resettlement areas as prescribed in Clause 4 Article 26 of this Regulation, if
the residential land price at the resettlement area is higher than the
recovered land price, they shall be supported as follows:
a) For persons who are recovered land and are
assigned resettlement land by State under Clauses 1, 2, 3 and 4 Article 28 of
this Regulation, but the residential land unit price at resettlement area is
higher than the recovered land unit price, they will be supported an amount
equal to the residential land unit price difference between two (02) positions
according to the land price provided for by the provincial People’s Committee
and counted to support for the residential land area assigned at the
resettlement area as prescribed; especially for the area assigned additionally
so as to be adequate as a portion, under Clauses 2, 3 and 4 Article 28 of this
Regulation, at request of household (if any) will pay land use levy at
resettlement areas. This support expenditure will be counted in total
compensation funding;
b) The area of resettlement land, which is
counted to assign additionally under the rate in Clauses 2 and 3, Article 28 of
this Regulation, but not be assigned resettlement land, will be supported a
difference amount equal to land price at the resettlement area deducting the
residential land recovered.
11. In case where households, individuals are
recovered agricultural land in administrative boundary of ward, in residential
area of township, rural residential area; agricultural land plot adjacent to
boundary of ward, boundary of residential area which is more than 05 (five)
times of the residential land limit in accordance with current regulation of
the provincial People’s Committee, for difference of agricultural land area
recovered more than 05 (five) times residential land limit, it will be counted
to support equal to 1.5 times of agricultural land price.
12. Reward for dismantle of houses,
architectures and ground handover in accordance with the schedule set out by
investor to households, individuals who must relocate and fall trees will be equal
to 5% of compensation and support value of houses and architectures, but
maximally not exceed 5,000,000 VND/household. This reward will be counted in
advance in plan on compensation, but when implement, only pay to households
implementing ground handover in accordance with schedule.
Chapter 4
RESETTLEMENT
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Making and implementing resettlement projects
shall comply with Article 33 of the Decree No. 197/2004/ND-CP and specified as
follows:
1. Based on planning, plan on land use and
conditions on economic-social development of each locality, each sector which
have been approved by competent authorities, the provincial People’s Committee
shall decide or authorize to the district-level People’s Committees to organize
to make projects on resettlement area, area reducing population density or
apartment buildings ensuring resettlement to persons who are recovered land and
must relocate; new residence must have technical infrastructure and social
infrastructure which are equal or better than old residence; have land for
re-cultivation or conditions to change job suitable with each family, age
group. Orientation in planning and building resettlement areas for each zone is
provided as follows:
a) For mountainous areas, rural regions (land is
recovered to implement projects of irrigation, hydropower, planting forest,
planting industrial trees), the planning construction of resettlement areas
must be suitable with customs, labor practices of each region, each ethnic;
combine the concentrated resettlement and the dispersed or composite
resettlement; resettlement planning must be associated with re-cultivation
planning and bringing livelihood to people at new residence to be better than
the old residence; when assigning land to investors to implement projects, the
licensing agencies should have condition involving the forcible recruitment for
laborers being children, members in households of which land has been assigned
to investors for implementing projects under a suitable rate, specially
prioritize to receive untrained laborers (excluding the irrigation and
hydropower projects, and infrastructure investment projects);
b) For the Dung Quat economic area and
industrial parks (land is recovered for implementing projects of production,
infrastructure investment, etc), the construction planning of resettlement
areas must be a new urban centers; ensure a sufficient and synchronous
technical infrastructure, social infrastructure and services so as to create
new jobs for people of resettlement; position to build resettlement areas must
be attached to industrial parks so as to supply laborers, services for
industrial parks; and create new jobs for laborers of resettlement; when
assigning land to investors to implement projects, the licensing agencies
should have condition involving the forcible recruitment for laborers being
children, members in households of which land has been assigned to investors
for implementing projects under a suitable rate, specially prioritize to receive
untrained laborers;
c) For city and township areas (land is
recovered in serve of projects on new urban areas; infrastructure constructions
and gentrification): Cities and rural districts should proactively plan
construction of new urban centers so as to serve for resettlement and creating
new jobs for many projects in a same geographical area; new urban centers must
be full conditions for accommodation and creating services to solve job affair
for laborers of resettlement; concurrently, investors of new urban centers must
be responsible for using 20% of residential land in projects of new urban
centers for localities to form land funds in serve of resettlement; investors
will be returned the invested expenses.
2. Making projects and construction of
resettlement area shall comply with current regulations on investment and
construction management.
3. Infrastructures in resettlement areas, after
finishing construction, already been made finalization, will be handed over to the
district-level People’s Committees for management at the same time of handing
over land funds for resettlement areas, management agencies shall organize
maintenance, preservation of common infrastructures as prescribed.
Article 26. Resettlement
arrangement
1. Principles of resettlement arrangement:
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2. To publicize tentative resettlement
arrangement plans:
Organizations assigned tasks of compensation,
support and resettlement are responsible for coordinating with local
authorities in notifying and publicizing tentative resettlement arrangement
plan to each household which recovered land and must relocate; facilitate for
households which must relocate to be view specifically the resettlement area
before submitting to the competent authorities for approval. Content of
notification includes: Locations, scale of land fund, area of each land plot,
tentative arrangement of households in resettlement area, payable amounts when
assigning resettlement land.
3. Organizations assigned tasks of compensation,
support and resettlement shall make and send to the district-level People’s
Committees where the recovered land is situated for consideration and having
documents to send to the provincial department of finance for coordinating with
concerned agencies in appraising and submitting the provincial People’s
Committee for the approval about:
- Land price to count and collect land use levy
at resettlement place;
- House sale price and house rent at
resettlement areas.
The land price making at resettlement place
shall comply with regulations of Government about method to determine land
price and price bracket of land types. The determination of house sale price
and house rent at resettlement areas must be based on house investment quota to
be suitable with reality.
4. Households, individuals who are assigned
land, entitled to buy house, hire house at resettlement place must pay land use
levy, house purchase money, house rent as prescribed by the provincial People’s
Committee.
5. Households, individuals who are assigned
land, entitled to buy house at resettlement place will be granted certificate
of land use right and implement rights as prescribed by law on land. In case
the recovered residential land plot had been granted certificate of land use
right, charges and fees for grant of certificate of land use right for the
resident land plot of resettlement will be paid by investors and counted in
plan on compensation.
Article 27. Cases entitled
resettlement arrangement
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2. Households, individuals have land recovered while
the remaining land area is less than 40 m2 for urban areas and less
than 100 m2 for rural areas and have no other places of residence
within communes, wards or townships where exists recovered land and persons who
are recovered land have request for entire recovery by State.
3. Households, individuals with residential land
within safety corridors of public works that have to remove and have no other
places of residence within communes, wards or townships where exists recovered
land.
4. In case different generations (different
couples) live together in a household while all the conditions for separation
into different households are satisfied, or different households have the
common right to use one (01) land plot to be recovered as specified in Clause 4
Article 18 of the Circular No. 14/2009/TT- BTNMT but not fall in case of
assigning additionally residential land specified in Clauses 2, 3 Article 28 of
this regulation, it is provided as follows:
For main household and households eligible for
household separation, they will be arranged one (01) residential land plot at
resettlement area, but maximally not exceed two (02) plots (total area not
exceed twice of residential land recovered) and pay land use levy according to
Clause 4 Article 26 of this regulation for lawful residential land area; the
difference area between total land assignment area for resettlement and lawful
residential land area recovered (if any) must pay land use levy under land
price at resettlement areas.
Conditions to assign resettlement land for
households eligible for household separation must ensure the following cases:
- Wife or husband must have name in permanent
residence registration book at address of house with land plot recovered and
have registered marriage before having notification on land recovery;
- Having no other place for residence within
district, cities where the recovered land is situated.
Article 28. Handling of
some specific cases involving allocation of resettlement land
1. In case where households which must relocate
as prescribed in Clause 1 Article 13 of the Decree No. 197/2004/ND-CP have area
of residential land or residential land and gardens in a same residential land
plot that are lawful and recovered less than or equal to the residential land
limit in accordance with current regulations of the provincial People’s
Committee, they will be assigned one (01) land plot for resettlement and pay
land use levy as prescribed by the provincial People’s Committee.
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a) In case they must relocate and with area of
residential land or residential land and garden in a same residential land plot
which are lawful and recovered are larger than the residential land assignment
limit as prescribed by the provincial People’s Committee, apart from being
assigned 01 land plot for resettlement; the area part that is larger than the
residential land assignment limit will be assigned additionally land for
resettlement equal to 30% of residential land area recovered and equal to 15%
of garden area in a same land plot with house recovered.
- When area of resettlement land counted to
assign additionally according to the rate is less than 50m2, they
will not be assigned land for resettlement.
- When area of resettlement land counted to
assign additionally according to the rate is 50m2 or more, they will be
assigned additionally land for resettlement according to the area divided into
land lots of resettlement areas (if households which are recovered land wish to
be assigned resettlement land); in case where 01 land lot has been assigned
additionally but the remaining additional assignment area is more than 50m2,
further assign resettlement land until the remaining additional assignment area
is less than 50m2 , not continue assigning resettlement land. The area part
assigned additionally to enough as a land lot must pay land use levy under the
land price at resettlement place.
b) In case of having house but not having to
relocate and just being recovered residential land, they will be considered to
assign resettlement land equal to 30% of the residential land recovered.
- When area of resettlement land which is
counted to assign under the rate is less than 50m2, not be
assigned resettlement land;
- When area of resettlement land which is
counted to assign under the rate is 50m2 or more than, they will
be assigned resettlement land according to the area divided into land lots of
resettlement areas (if households which are recovered land wish to be assigned
resettlement land); in case where 01 land lot has been assigned additionally
but the remaining additional assignment area is more than 50m2, further assign
resettlement land until the remaining additional assignment area is less than
50m2 , not continue assigning resettlement land. The area part assigned
additionally to enough as a land lot must pay land use levy under the land
price at resettlement place.
c) In case of having house but not having to
relocate and just being recovered garden land together with residential land
plot, they will be considered to assign resettlement land equal to 15% of the
garden area recovered.
- When area of resettlement land counted to
assign according to the rate is less than 50m2, not assign
resettlement land;
- When area of resettlement land which is
counted to assign under the rate is 50m2 or more than, they
will be assigned resettlement land according to the area divided into land lots
of resettlement areas (if households which are recovered land wish to be
assigned resettlement land); in case where 01 land lot has been assigned
additionally but the remaining additional assignment area is more than 50m2,
further assign resettlement land until the remaining additional assignment area
is less than 50m2 , not continue assigning resettlement land The area part
assigned additionally to enough as a land lot must pay land use levy under the
land price at resettlement place.
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- When area of resettlement land counted to
assign according to the rate is less than 50m2, not assign
resettlement land;
- When area of resettlement land which is
counted to assign under the rate is 50m2 or more than, they
will be assigned resettlement land according to the area divided into land lots
of resettlement areas (if households which are recovered land wish to be
assigned resettlement land); in case where 01 land lot has been assigned
additionally but the remaining additional assignment area is more than 50m2,
further assign resettlement land until the remaining additional assignment area
is less than 50m2 , not continue assigning resettlement land. The area part
assigned additionally to enough as a land lot must pay land use levy under the
land price at resettlement place.
3. Households with area of residential land or
residential land and garden in same residential land plot which are lawful and
recovered in geographical areas of remaining communes:
a) In case of having to relocate and area of
residential land or residential land and garden in same residential land plot
which are lawful and recovered is larger than the residential land assignment
limit as prescribed by the provincial People’s Committee, apart from they will
be assigned one (01) resettlement land lot; the area part which is larger than
the residential land assignment limit will be considered to assign additionally
resettlement land equal to 30% of residential land area recovered and equal to
15% of garden area in same land plot with house recovered.
- When area of resettlement land counted to
assign additionally according to the rate is less than 100m2, not
assign resettlement land;
- When area of resettlement land which is
counted to assign under the rate is 100m2 or more than, they
will be assigned resettlement land according to the area divided into land lots
of resettlement areas (if households which are recovered land wish to be
assigned resettlement land); in case where 01 land lot has been assigned
additionally but the remaining additional assignment area is more than 100m2,
further assign resettlement land until the remaining additional assignment area
is less than 100m2 , not continue assigning resettlement land. The area part
assigned additionally to enough as a land lot must pay land use levy under the
land price at resettlement place.
b) In case of having house but not having to
relocate and only being recovered residential land, they will be considered to
assign resettlement land equal to 30% of the residential land area recovered.
- When area of resettlement land counted to
assign according to the rate is less than 100m2, not assign resettlement
land;
- When area of resettlement land which is
counted to assign under the rate is 100m2 or more than, they
will be assigned resettlement land according to the area divided into land lots
of resettlement areas (if households which are recovered land wish to be
assigned resettlement land); in case where 01 land lot has been assigned
additionally but the remaining additional assignment area is more than 100m2,
further assign resettlement land until the remaining additional assignment area
is less than 100m2 , not continue assigning resettlement land. The area part
assigned additionally to enough as a land lot must pay land use levy under the
land price at resettlement place.
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- When area of resettlement land counted to
assign according to the rate is less than 100m2, not assign resettlement
land;
- When area of resettlement land which is
counted to assign under the rate is 100m2 or more than, they
will be assigned resettlement land according to the area divided into land lots
of resettlement areas (if households which are recovered land wish to be
assigned resettlement land); in case where 01 land lot has been assigned
additionally but the remaining additional assignment area is more than 100m2,
further assign resettlement land until the remaining additional assignment area
is less than 100m2 , not continue assigning resettlement land. The area part
assigned additionally to enough as a land lot must pay land use levy under the
land price at resettlement place.
d) In case of being recovered entirely or partly
residential land plot or residential land and garden on a same residential land
plot but having no house, they will be considered to assign resettlement land
equal to 30% of residential land area recovered and equal to 15% of garden area
on same residential land plot recovered.
- When area of resettlement land counted to
assign according to the rate is less than 100m2, not assign
resettlement land;
- When area of resettlement land which is
counted to assign under the rate is 100m2 or more than, they
will be assigned resettlement land according to the area divided into land lots
of resettlement areas (if households which are recovered land wish to be
assigned resettlement land); in case where 01 land lot has been assigned
additionally but the remaining additional assignment area is more than 100m2,
further assign resettlement land until the remaining additional assignment area
is less than 100m2 , not continue assigning resettlement land. The area part
assigned additionally to enough as a land lot must pay land use levy under the
land price at resettlement place.
4. For family line worshiping temples, when the
state recovers land and temples have to be relocated, they will be compensated
in accordance with this regulation and assigned new land at resettlement areas
so as to rebuild temples according to area planned and divided into land lots
at resettlement areas, but minimally not less than 100m2 and maximally not more
than 120m2. The representative of family line worshiping temples (unified in
writing by family line) must pay land use levy under the land price at
resettlement place.
In special case, the provincial People’s
Committee will consider and decide on the basis of proposals of the
organizations doing compensation affairs and the district- level People’s
Committees where exist land recovered.
5. For specific cases compensated and supported
for houses and works as prescribed in Article 12 of this Regulation, if the
commune People’s Committees have confirmed that they have no other place of
residence, depend on each specific case, organizations assigned tasks of
compensation, support and resettlement will propose to submit to authorities
competent to approval of compensation plan for consideration, decision to
assign land for houses at resettlement areas or locations of residential areas
in conformity with planning for each specific case. Households which are
assigned land to build house must pay land use levy under the land price at
resettlement place.
6. Households using house owned by state as
prescribed in Article 13 of this regulation, having no other place for
residence and wishing to be assigned land for construction of house will be
considered by state to assign resettlement land and they must pay land use levy
under land price at resettlement place.
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Capital sources for construction of resettlement
areas will be decided by competent authorities and the following sources will
be used:
1. From land development funds (land development
fund provided by the provincial People’s Committee according to Article 34 of
the Decree No. 69/2009/ND-CP).
2. From state budget for support to build
public-utility works, renovate agricultural production, expand services in
aquaculture, fishing of aquatic and marine products.
3. From support of land users.
4. From other sources.
Article 30. Rights and
duties of persons who are recovered land and must relocate
1. Rights:
a) To register for arriving and residing in the
resettlement areas in writing;
b) To be prioritized in permanent residence
registration for themselves and other members in family at new residence and be
prioritized to change school for members in family who are in age group of
going to school;
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d) To be entitled to refuse entering into
resettlement areas in case where resettlement areas not ensure conditions as
notified and listed publicly;
e) To be supplied model design of houses without
charges.
2. Duties:
a) To move into resettlement areas properly as
scheduled as prescribed by competent state agencies;
b) To build houses, works properly with planning
and implement other duties as prescribed by law;
c) To pay land use levy, house purchase money,
house rent as prescribed by the provincial People’s Committee.
Chapter V
MAKING, APPRAISAL AND
APPROVAL OF COMPENSATION PLANS AND PROCEDURES FOR LAND RECOVERY
Article 31. Assigning tasks
of compensation, support and resettlement
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Organizations assigned tasks of compensation,
support and resettlement include:
- Organizations of land fund development and
other organizations with function in performing tasks of compensation, support
and resettlement;
- Councils of compensation, support and
resettlement of projects.
1. Organizations assigned tasks of compensation,
support and resettlement (other than Councils of compensation, support and
resettlement of projects) shall be decided by the chairperson of provincial
People’s Committee. When implement compensation, support and resettlement, it
must have participation of investors, representatives of leaders of commune
People’s Committees and representatives of householders have land recovered
from one to two persons elected uniformly by persons who are recovered land and
have minutes.
2. For projects with big scale or complex
projects, depend on each specific case, the district-level People’s Committees
may establish Compensation Council of projects.
a) Procedures for establishment of Council:
- After competent state agencies approve for
investment guidelines, chairpersons of district-level People’s Committees may
issue decision on establishment of Compensation Council of project and a work
team assisting for Council;
- The Compensation Council of project and the
assistance work team will be self-terminate operation after finishing
compensation, support, resettlement and handing over ground to organizations,
individuals which are assigned land, leased land by State.
b) Members of Council include:
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- Leader of organizations performing tasks of
compensation, support and resettlement, vice-chairman of Council;
- Leader of the division of Natural Resources
and Environment, member;
- Representative of the Finance-Accounting
division, member;
- Investor, member;
- Representative of leader of commune People’s Committee
where the recovered land is situated, member;
- Representative of households which have land
recovered, with from one to two persons, who are appointed uniformly by persons
who are recovered land and enclosed with minutes;
- Some other members who are decided by the
chairperson of district-level Council of compensation, support and resettlement
to be suitable with actual conditions.
c) Task of the Council of compensation, support
and resettlement of project:
- To make overall plan on compensation, support
and resettlement in geographical areas of districts and cities;
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3. Council of compensation, support and
resettlement of project, organization of land fund development or other
organizations with function of performing tasks of compensation, support and
resettlement, in case where they are assigned implementation of compensation
tasks, they may hire enterprises which supply services of compensation and
ground clearance.
Services of compensation and ground clearance
include:
- Surveying, revising and drawing cadastral
maps; making copies of maps and cadastral dossiers (or measuring, and making
dossiers of land lots in case cadastral dossiers are unavailable or no longer
suitable to practical conditions);
Funds for the revising cadastral maps, making
copies of cadastral maps, surveying and cadastral dossiers which are
implemented by consultancy units, agencies of Natural Resources and Environment
or The office of land use right registration when the state recovers land for
implementation of project will be paid by investors and made finalization in
investment capital source of project. In case where State recovers land under
planning, plan on land use already announces but not yet have investment
project, the funding mentioned above will be paid by organization of land fund
development and made finalization to operation funding of organization of land
fund development.
- To make plan on compensation, support and
resettlement;
- To make and implement project on construction
of resettlement areas;
- Other services involving compensation, support
and resettlement.
Article 32. Competence in
approving plan on compensation, support and resettlement, content of appraisal,
duration for appraisal and approval
Competence in approving plan on compensation,
support and resettlement, content of appraisal, duration for appraisal and approval
shall comply with Article 43 of the Decree No. 197/2004/ND-CP, Article 31 of
the Decree No. 69/2009/ND-CP and Article 22 of the Circular No.
14/2009/TT-BTNMT and be specified as follows:
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a) The provincial People’s Committee will
approve plan on compensation, support and resettlement after the Department of
Natural Resources and Environment has assumed the prime responsibility for, and
coordinated with departments, sectors and concerned agencies of province in
appraisal or the provincial appraisal Council has appraised for case of land
recovery relating to two or more districts, cities on basis of proposals of
People’s Committees of districts, cities where the recovered land is situated.
The provincial People’s Committee, base on
reality at localities and scale of project, may authorize in approval of plan
on compensation, support and resettlement to the district-level People’s
Committees so as to ensure compensation, support and resettlement to be fast
and effective.
b) The district-level People’s Committees will
approve plan on compensation, support and resettlement within geographical
areas of their districts, cities after divisions of Natural Resources and
Environment of districts, cities has assumed the prime responsibility for, and
coordinated with divisions, sectors and concerned agencies of districts, cities
in appraisal for cases not fall in point a of this Clause.
For plans on compensation, support and
resettlement which are approved by the provincial People’s Committee, during
the course of implementation of compensation, support and resettlement, if
there is arising problem which (increasing or decreasing) changed value part is
less than or equal to the provision funds for expenditure in plan on
compensation, support and resettlement approved by the provincial People’s
Committee, chairperson of the provincial People’s Committee may authorize the
chairperson of district-level People’s Committee to approve for such arising
part.
2. Content of appraisal: To comply with Clause 3
Article 22 of Circular No. 14/2009/TT-BTNMT.
3. Duration for appraisal of, approval for plan
on compensation, support and resettlement:
a) Appraisal and submission for approval of plan
on compensation, support and resettlement:
Within fifteen (15) working days, after
receiving fully valid dossier which is sent by organization assigned task of
compensation, support and resettlement, agency of Natural Resources and
Environment or appraisal council shall preside over appraisal, make appraisal
report (enclosed with plan on compensation stamped with “Having been
appraised”) so as to submit to competent authorities for approval for
compensation plans which have no change in comparison with suggest of organization
assigned task of compensation, support and resettlement. In case of having
adjustments, supplementations in comparison with suggest of organization
assigned task of compensation, support and resettlement, agency of Natural
Resources and Environment or appraisal council will have written notification
of contents need to be adjusted, supplemented in order to do basis for
organization assigned task of compensation, support and resettlement to
complete the compensation plan and re-send it to agency of Natural Resources
and Environment or appraisal council. Within five (05) working days after
receiving a completed compensation plan and having had decision on land
recovery, land assignment or land lease, agency of Natural Resources and
Environment or appraisal council shall make appraisal report (enclosed with
compensation plan stamped with "having been appraised") so as to
submit to the People’s Committee of competent level for approval.
b) Approval of plan on compensation, support and
resettlement:
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4. For projects with big scale or complex
projects, depend on each specific case, the provincial People’s Committee may
establish an appraisal council on the basis of proposal of department of
Natural Resources and Environment; the district-level People’s Committees may
establish an appraisal council on the basis of proposal of division of Natural
Resources and Environment.
a) Members of the provincial appraisal council
include:
- Leader of Department of Natural Resources and
Environment, chairman of Council;
- Members include leaders of departments of:
Finance, Construction, Industry and Trade, Agriculture and Rural Development,
etc
- Leader of the district-level People’s
Committee where exists land recovered, member;
Assistants for the appraisal council are
representative of leader of divisions or experts appointed for participation on
Council by Departments.
b) Members of the district-level appraisal
council include:
- Leader of the district-level People’s
Committee, chairman of council;
- Leader of division of Natural Resources and
Environment, Vice-chairman of council;
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Chairman of Council may decide to establish a
work team to assist for the appraisal council.
5. Agency of Natural Resources and Environment
shall appraise and submit to competent authorities for approval for plans on
compensation, support and resettlement which are implemented by organization of
land fund development and other organizations with function of performing tasks
of compensation, support and resettlement.
The council will appraise and submit to
competent authority for approval for plans on compensation, support and
resettlement, which are implemented by organizations assigned tasks of
compensation, support and resettlement.
Article 33. Land recovery
in case of land falls in subject recovered by State but investors have
proactively suggested and allowed to make agreement but fail to reach agreement
with land users; responsibilities of People’s Committees at all levels in cases
where investors make agreement with land users for land areas not fall in
subject recovered land by State
Land recovery in case land falls in subject
recovered by State but investors have proactively suggested and allowed to make
agreement but fail to reach agreement with land users; responsibilities of
People’s Committees at all levels in cases where investors make agreement with
land users for land areas not fall in subject recovered land by State shall
comply with Articles 40 and 41 of the Government’s Decree No. 84/2007/ND-CP.
Article 34. Orders of and
procedures for implementation of land recovery, land assignment, land lease
Orders of and procedures for implementation of
land recovery, land assignment, land lease shall comply with Article 25,
Article 29 of the Circular No. 14/2009/TT-BTNMT and current regulations of the
provincial People’s Committee.
Article 35. Making plan on
compensation, support and resettlement
Making plan on compensation, support and
resettlement shall comply with Article 30 of the Decree No. 69/2009/ND-CP and
be specified as follows:
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2. Separation of content on compensation,
support and resettlement into the separate sub-projects and organization of
independent implementation shall comply with Article 21 of the Circular No.
14/2009/TT- BTNMT:
a) Time of separation of content on
compensation, support and resettlement into the separate sub-projects is time
of approval or acceptance of investment project;
b) Sub-projects on compensation, support and
resettlement, after being approved, will be implemented independently, but must
ensure requirement on progress of investment project.
3. Content of plan on compensation, support and
resettlement:
a) Name, address of persons who are recovered
land;
b) Areas, land type, position, origin of
recovered land; quantity, volume, percentage rate of the remaining quality of
damaged assets;
c) Grounds to calculate compensation and support
amounts such as land price to calculate compensation, prices of house and works
which are counted compensation, number of household members, number of laborers
in labor age group, quantity of persons enjoyed social allowances;
d) Compensation and support amounts;
dd) Resettlement arrangement (number of
households which must relocate; position to assign resettlement land; the
payable land use levies at resettlement place as prescribed);
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g) Grave relocation.
4. Declaration, inventory and determination of
land origin:
After having notification of land recovery of
competent authorities, organizations assigned tasks of compensation, support
and resettlement will carry out declaration, inventory of land, assets attached
to land and determination of land origin according to the following orders and
procedures:
a) Organizations assigned tasks of compensation,
support and resettlement must carry out issuance of declaration made according
to set form, guide for declaration, and collect declarations and some copies of
papers related to legality of land, assets of persons who are recovered land by
State to do basis for making plan on compensation, support and resettlement;
b) Persons who are recovered land will
self-declare according to the declaration form issued and guided by organizations
assigned tasks of compensation, support and resettlement;
c) Organizations assigned tasks of compensation,
support and resettlement will check to determine content of declaration and
implement inventory of land and assets attached to land, determine the land
origin according the following orders:
- To perform the field inspection for the
recovered land area, the damaged assets on land and compare with contents
declared by the land users. The field inspection or tally must have
participation of representative of the commune People’s Committee where the
recovered land is situated; representative of households having land recovered
and person having land recovered. The tally result must have signatures of
person directly implementing field tally, person who is recovered land (or
authorized person as prescribed by law), person who is damaged assets (or
authorized person as prescribed by law), cadastral officers at commune level,
representative of households which have land recovered, representative of the
division of Natural Resources and Environment of district, city (if the
compensation plan is formulated by the Council of compensation, support and
resettlement of district, city) and representative of leader of organization
assigned task of compensation, support and resettlement. The inventory minutes
must be made into two (02) similar copies and assigned to person recovered land
one (01) copy as soon as finishing inventory work;
- Coordinating with the office of land use right
registration of districts, cities and the commune People’s Committees where
exist land in determining origin of land use; determining time of building
houses, works; determining cases eligible for compensation, support and
resettlement;
- Making a list and sending it to the commune
People’s Committees to submit to the district-level People’s Committee for
approving land types, area, users for land plots that have not yet had papers
regarding land use rights as the basis for application of price to calculate
compensation value.
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a) Making plan on compensation, support and
resettlement:
- Based on plan on duration, relocation, handing
over ground as determined in the overall plan on compensation, support and
resettlement already approved.
Organizations assigned tasks of compensation,
support and resettlement shall make plan on compensation, support and
resettlement;
- The compensation plan includes the general
part, description part and the calculation forms in accordance with current
regulations of the Department of Natural Resources and Environment and divided
into two parts:
+ The description part includes contents:
General information, legal grounds, general summarization of land, area, number
of households which must relocate, compensation value, compensation and support
norms for each subject recovered land; plan on resettlement assignment; land
price to count in collecting the land use levies at the resettlement place;
sale price of houses, amounts that the persons recovered land must pay into
state budget due to implementation of land financial duties as prescribed,
clarifying problems, difficulties arising and proposing the handling directions
which need be discussed to unify and some other concerned contents;
+ The tables and forms: Being made in details
and fully in accordance with regulation, ensuring accuracy when putting data
from inventory dossiers into calculation tables and forms
b) Taking comments regarding the compensation,
support and resettlement plan:
- Organizations assigned tasks of compensation,
support and resettlement are responsible for listing publicly the plan on
compensation, support and resettlement at office of the commune People’s
Committees and at the living places of residential area where the recovered
land is situated aiming to the persons recovered land and relevant persons to
participate in comment provision;
- The listing must be made into minutes and
confirmed by representative of People’s Committee and Committee of Vietnam
Fatherland Front at commune level where the recovered land is situated;
representative of households having land recovered and representative of leader
of organization assigned task of compensation, support and resettlement;
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c) To complete plan on compensation, support and
resettlement;
- Upon the expiration of the duration for
posting up a plan and receiving comments, the organization assigned task of
compensation, support and resettlement shall sum up comments in writing,
clearly state quantity of comments for agreement, disagreement and different
comments, the handling result of comment receipt; then complete the plan and
send it enclosed with written proposal, relevant legal dossiers and a sum-up of
comments confirmed by the commune People’s Committee to the agencies competent
to the compensation plan approval as prescribed. Separately for compensation
plans with households, individuals who must relocate entire place of residence,
it is required to have specific plan on resettlement arrangement (in which must
show the existing resettlement land) to be allowed to approve compensation plan
(unless the provincial People’s Committee has separate provisions and except
case of households which are recovered land for construction of resettlement
areas, and re-allocated in those resettlement areas);
- If there are many comments against the
compensation, support and resettlement plan, the organization assigned task of
compensation, support and resettlement shall clearly explain the plan or
re-consider and adjust the plan before sending it to the natural resources and
environment agency for evaluation or the appraisal council.
d) Dossier sent to the natural resources and
environment agency or the appraisal council for appraisal includes:
- The detailed plan on compensation, support and
resettlement: 05 volumes;
- Written notification of listing, ending
listing, summarization of comments made by organization assigned tasks of
compensation, support and resettlement: 05 copies;
- Written request for appraisal for the
compensation, support and resettlement plan made by organization assigned tasks
of compensation, support and resettlement: 01 copy;
- Written request of the district-level People’s
Committee where existing land recovered on the basis of proposal of
organization assigned tasks of compensation, support and resettlement (for the
plan approved by the provincial People’s Committee): 01 copy.
e) Dossiers, documents submitted together with
the compensation plan in order to serve for appraisal, 01 set for each
document, include:
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- Written self-declaration of persons recovered land,
the inventory minutes of land and assets on land, drawings of houses and
architectures status made according to set forms;
- Legal dossiers of land, houses and
architectures;
- Confirmation of time of building houses and
architectures made according to the set form;
- Votes collecting comments of resettlement for
cases must relocate made according to the set form;
- Copies of permanent residence registration
book;
- Confirmation of the commune People’s Committee
about agricultural land area assigned, rate of lost agricultural land as
prescribed;
- Confirmation about origin, time of land use of
the commune People’s Committee for cases without lawful papers regarding land
use right made according to the set form;
- Confirmation of the commune People’s Committee
about time of using land o build houses for cases using land prior to
18/12/1980 but having no lawful papers to prove thereof made according to the
set form;
- Confirmation of land registration (book 5b)
according to the Direct No. 299/CT-TTg;
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- Certificate of business registration and
confirmation of tax agencies about finishing tax liability to State;
- Certificate of poor household which is valid
at time of approving the compensation plan;
- Papers related to enjoying regimes of
allowances of State;
- Confirmation of time of burying graves made by
the commune People’s Committee where the recovered land is situated;
- Documents to determine agricultural land in
residential area or not in residential area of the district-level People’s
Committee where the recovered land is situated.
- Comments of persons recovered agricultural
land about the support method for job change and creation;
- Contract of hiring house owned by state;
- Confirmation that there in no other place of
residence within geographical area of communes, wards and townships of the
commune People’s Committee where the recovered land is situated;
- Confirmation of the commune People’s Committee
where the recovered land is situated for public-utility land;
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Article 36. Decision on
land recovery, implementation of plan for compensation, assistance and
relocation, land allocation and land lease
Decision on land recovery, implementation of
plan for compensation, assistance and relocation, land allocation and land
lease complies with the Article 31 of Decree No. 69/2009/ND-CP and is specified
as follows:
1. Competence in deciding on land recovery, land
allocation or land lease complies with the Article 37 and Article 44 of the
Land Law.
2. Decision on land recovery:
a) After the notification of land recovery as
prescribed in Article 39 of Land Law, the agency of natural resources and
environment will submit the decision on land recovery to the competent
authorities.
b) In case the land recovery and land allocation
or land lease under the competence of one authority level, the land recovery
and land allocation or land lease are made in the same decision.
In case the land lot recovered is being used by
organizations, family households and individuals, the district-level People’s
Committee will decide on land recovery from the family households, individuals
or residential community. Within five (05) working days after the
district-level People’s Committee will decide on land recovery, the
provincial-level People’s Committee will decide on land recovery from
organizations, Vietnamese people residing abroad, foreign organizations or
individuals and land allocation and lease under the project to the investor in
the same decision.
c) The decision of district-level People's
Committee issued under the competence concerning each land parcel of with the
content including the name and address of the person having land recovered; the
map number or the cadastral measurement extract number, land parcel number,
land type and area (calculating based on cadastral records or official area
data re-defined in the process of compensation, assistance and relocation);
d) Decision of provincial-level People’s
Committee issued concerning the land recovery from organizations, Vietnamese
people residing abroad, foreign organizations or individuals with the content including
area of land recovered, name, address of the person having land recovered and
the list of land parcels recovered and land allocation and lease under the
project to the investor in the same decision.
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e) The decision on land recovery has to be sent
to the person having land recovered and posted at the head office of
communal-level People’s Committee where the recovered land is located during
the time after the communal-level People’s Committee has received the decision
to the end time of land recovery.
3. Publicity of specific plan for compensation,
assistance and relocation approved by the competent authority:
Within three (03) days after receiving the plan
for compensation, assistance and relocation approved, the organization
performing the compensation, assistance and relocation will coordinate with the
communal-level People’s Committee to disseminate and publicly post the decision
on approval for compensation plan at the head office of communal-level People’s
Committee and activity places of residential area where the land is recovered, the
detailed draft Decision on compensation will be sent to the district-level
Division of Natural Resources and Environment for submission to district-level
People’s Committee for issuing and sending the Decision on compensation,
assistance and relocation to organizations, family households and individuals
that are compensated. In the detailed compensation Decision, specifying the
rate of compensation, assistance, relocation housing or land allocation (if
any), the time, location to pay compensation, assistance and the time to hand
over the land recovered to the Organization assigned with tasks of
compensation, assistance and relocation.
4. Payment for compensation, assistance and
relocation:
a) After five (05) days after sending the
written notification of the plan for compensation, assistance and relocation to
the person having land recovered, the Organization assigned with tasks of
compensation, assistance and relocation will make payment for compensation and
assistance. When making payment for compensation and assistance to the person
having land recovered, it is necessary to make full payment vouchers with the
signature of person receiving compensation and assistance. If the person
receiving compensation and assistance authorizes another person to receive the
payment, he must prepare a power-of-attorney with the signature certified by
communal-level People’s Committee where that person is residing. All of the
vouchers related to the compensation, assistance and relocation will be kept
and managed by the Organization assigned with tasks of compensation, assistance
and relocation in accordance with current regulations.
b) In case of relocation, the Organization
assigned with tasks of compensation, assistance and relocation will coordinate
with communal-level People’s Committee and district-level People’s Committee to
hand over the house or residential land and Certificate of land use right and
house ownership to the person relocated before site clearance. If the land
parcel recovered of the person relocated has no Certificate of land use right
and house ownership, the expenses during the process of issuing Certificate of
land use right and house ownership will be paid by the person relocated. In
case there is an agreement between the Organization assigned with tasks of
compensation, assistance and relocation and the person relocated on the receipt
of house or residential land after the site clearance, both parties will comply
with the written agreement which they have signed.
c) In case the person having land recovered does
not receive payment for compensation and assistance, not receive the house or
relocation land after three (03) times of notice and exceeding the time of 20
days, the Organization assigned with tasks of compensation, assistance and
relocation will coordinate with the communal-level People’s Committee where the
land is recovered to make a record and send the payment which the person having
land recovered has not received to the nearest bank with non-term interest rate
and keep the relocation house or land intact as a basis for settlement of
future complaints.
d) In case the land is in dispute, the co-owners
have not come to an agreement and there is no settlement decision of the
competent authority, the fund for compensation and assistance for the land to
be recovered is handed over to the Organization assigned with tasks of
compensation, assistance and relocation to send it to the nearest bank with
non-term interest rate and conduct the site clearance for project
implementation. The payment for compensation and assistance and banking
interest will be directly paid according to the judgments and decisions with
legal effect.
e) When receiving the payment for compensation
and assistance, the person having land recovered will submit the original
papers concerning the land use right, ownership of property attached to land
(if any) to the Organization assigned with tasks of compensation, assistance
and relocation for transfer to the agency of natural resources and environment
to perform the procedures for recovery and adjustment of cadastral records
(including: Cadastral map, cadastral book or issuance of Certificate for part
of land not recovered).
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- Within twenty (20) days after having received
the payment for compensation and assistance, the person having land recovered
must hand over his/her land to the Organization assigned with tasks of
compensation, assistance and relocation.
This handover of land between the two parties
must be recorded with certification of communal-level People’s Committee where
the land is recovered.
6. In case the investor and the persons having
land recovered have agreed in writing on the compensation plan for land and
property attached to land or the land lot recovered without site clearance, the
People’s Committee at competent level will issue a decision on land recovery,
land handover or land lease without having to wait until the expiration of the
notice of land recovery.
Article 37. Forcible land
recovery
1. The forcible land recovery as specified in
Clause 3, Article 39 of the Land Law is only executed when there are sufficient
conditions as follows:
a) Strictly complying with the order and
procedures for land recovery, compensation, assistance and under the provisions
of Article 34, 35 and 36 of this Regulation;
b) Exceeding thirty (30) days from the time of
handing over the land as prescribed in Clause 5, Article 36 of this Regulation
but the person having land recovered does not hand over his/her land to the
Organization performing tasks of compensation and site clearance;
c) After the representative of the Organization
assigned with tasks of compensation, assistance and relocation, the
communal-level People’s Committee and Fatherland Front Committee where the land
is recovered will persuade the persons who have land recovered but do not
comply with the handover of land recovered to the State
d) There is an enforcement decision of the
People’s Committee at competent level in accordance with the law came into
force;
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2. After fifteen (15) days after the date of
direct handover of enforcement decision or date of public posting of
enforcement decision specified at Point e, Clause 1 of this Article but the
person enforced does not hand over the land, the district-level People’s
Committee will direct and organize the law enforcement force to recover land as
prescribed by law.
Article 38. Expenses of
implementation of compensation, assistance and relocation
1. The expense of implementation of
compensation, assistance and relocation as specified in Article 26 of
Decree No. 69/2009/ND-CP and Article 22 of Circular No. 14/2009/TT-BTNMT is
regulated as follows:
a) The fund for implementation and appraisal of
plan for compensation, assistance and relocation is equal to 2% of the total
cost of compensation and assistance of the project. If the total cost of
compensation and assistance of the project is less than 250.000.000 dong (two
hundred and fifty million dong), the fund for implementation and appraisal of
plan for compensation, assistance and relocation is 5,000,000 dong (five
million dong). The total fund is distributed as follows:
- Expenditure for Organization assigned with
tasks of compensation, assistance and relocation: 80%
- Expenditure for district level is equal to 5%
to organize tasks relating to the compensation plan (in which the
district-level People’s Committee: 2.5%, the agency of natural resources and
environment: 2.5% for update of cadastral records as specified at Point e,
Clause 4, Article 36 of this Regulation);
- Expenditure for communal level is equal to 10%
for performance of tasks under Clause 2, Article 41 of this Regulation;
- Expenditure for appraisal is 5%.
b) For projects implemented in the areas with
difficult or specially difficult social-economic conditions prescribed by the Committee for Ethnic Minorities
and islands in the province specified in Decision No. 106 / 2004/QD-TTg dated
June 11, 2004 of the Prime Minister approving a list of specially difficult
communes in coastal regions and islands and Decision No.113/2007/QD-TTg dated
July 20, 2007 of the Prime Minister approving the communes that have completed
the target of social-economic development program for the communes in ethnic
minority areas, mountainous areas, border and remote areas for the period 1999
- 2005, adding the communes, hamlets and villages to the investment category of
National target program on poverty reduction for the period 2006 -2010; Project
of in line infrastructure works construction is equal to 3% of the total cost
of compensation and assistance of the project. In case the total cost of
compensation and assistance of the project is less than 150,000,000 dong (one
hundred fifty million dong), then the cost of implementation and appraisal of
plan for compensation, assistance and relocation is 5,000,000 dong (five
million dong). The total cost is distributed as follows:
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+ Expenditure for district level is equal to 4%
to organize tasks relating to the compensation plan (in which the
district-level People’s Committee: 2.0%, the agency of natural resources and
environment: 2.0% for update of cadastral records as specified at Point e,
Clause 4, Article 36 of this Regulation);
+ Expenditure for communal level is equal to 10%
for performance of tasks under Clause 2, Article 41 of this Regulation;
+ Expenditure for appraisal is 4%.
After the plan for compensation, assistance and
relocation is approved by the competent authority, the Organization assigned
with tasks of compensation, assistance and relocation will transfer the funds
to the plan appraisal agency.
c) In case of enforcement for land recovery, the
Organization assigned with tasks of compensation, assistance and relocation
will prepare an estimate of fund for the enforcement for submission to the
agency having the competence in approving the plan for compensation, assistance
and relocation for decision. The fund for enforcement for land recovery is
included in the investment capital of the project.
2. Appraisal of expenditure for the
compensation, assistance and relocation
a) Authorizing Director of Service of Finance
(as to the plan for compensation, assistance and relocation approved by
Chairman of provincial-level People’s Committee), Chairman of People’s
Committee of districts or cities (as to the plan for compensation, assistance
and relocation approved by Chairman of People’s Committee districts or cities)
will decide on the expenditure for each content to be spent but the State has
not regulation on standard and norm such as: actual survey, plan making,
approval of compensation plan,…in accordance with characteristics, scale and
properties of each project and actual requirement upon implementation and
appraisal of cost estimate for the compensation, assistance and relocation;
Chapter VI
IMPLEMENTATION ORGANIZATION
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1. Responsibility of Compensation, Support and Resettlement Council of the
project:
a) The Compensation, Support and Resettlement Council of the project shall
make and send plans for compensation, support, and resettlement to a Natural
Resources and Environment Authority or an Appraisal Council (if any), and
implement such plans when they are approved by competent authorities.
Make and request competent authorities to approve the plan for vocational
training, job change and job creation together with the plan for compensation,
support, and resettlement;
b) Responsibility of members of the Compensation, Support and Resettlement
Council of the project:
- The president of the Council shall direct its members to fulfill the
duties in Point a of this Clause;
- The investor shall assist the president of the Council in fulfilling the
duties in Point a of this Clause; ensure the budget for providing compensation,
support, and resettlement;
- Representatives of households of which the land is recovered are
responsible for conveying the expectation of the people
whose land is recovered and the people that
have to move, hurry the people whose land is
recovered in moving and clearing the land on schedule;
- Other members shall fulfill the duties assigned by the president, which
suit the responsibility of each sector.
c) The Compensation, Support and Resettlement Council shall provide
guidance and explanation on the issues related to the compensation, support,
and resettlement for the people whose land is
recovered;
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dd) The Compensation, Support and Resettlement Council of the project
shall fulfill other duties assigned by the provincial People’s
Committee.
2. The land development organizations and organizations in charge of compensation, support, and resettlement
(apart from the Compensation, Support and Resettlement Council of the project)
shall:
a) Make and send the plan for compensation, support, and resettlement to a
Natural Resources and Environment Authority and implement such plan when they
are approved by competent authorities.
b) Make and request competent authorities to approve the plan for
vocational training, job change and job creation together with the plan for compensation,
support, and resettlement;
c) Provide guidance an explanation for the
people whose land is recovered on the
compensation, support, and resettlement policies;
d) Take responsibility for the accuracy, rationality, and legitimacy of
documents, statistics on area of land and assets that are eligible or not
eligible for compensation and support; the subjects of support; the consistency
of the statistics with the plan for compensation, support, and resettlement
submitted for approval; promptly provide compensation and support for the
subjects in the project area, and manage documents in accordance with law;
dd) Fulfill other duties assigned by the provincial People’s Committee.
3. The work team of the commune where land is recovered shall:
a) Propagate the purpose of land recovery, policies on compensation,
support, and resettlement of the project;
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c) Cooperate with the organizations in charge of
compensation, support, and resettlement in resolving difficulties during the
making of statistics and compensation plan;
d) Supervise the compensating process of the organizations in charge of compensation, support, and
resettlement;
dd) Fulfill other duties assigned by the People’s
Committees of districts
Article 40. Responsibility of the investor
1. Assigning personnel to join the organization in
charge of compensation, support, and resettlement as standing members.
Cooperating with the organization in charge of
compensation, support, and resettlement in formulating plans for provision of
vocational training, job change, and job creation for the households of which
farmland is recovered.
2. Ensuring the budget for compensation, support, and resettlement on
schedule; ensure the budget for the organization in
charge of compensation, support, and resettlement of each project.
3. Making commitments to employ people in
the project area or provide vocational training locally (if planned);
cooperating with the local government in caring life and providing employments
for people in the project area after the
settlement within the capacity of the enterprise.
Article 41. Responsibility of People’s Committees of districts and communes where land is
recovered
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a) Provide a mechanism for the cooperation between the local government
with the investor, the organization in charge of
compensation and specialized agencies in inspecting, verifying the origins and
use of land and property on land;
b) Mobilize the whole political system to encourage the people to comply with the policies and law of the
Communist Party and the State;
c) Direct the propagation of the policies on compensation, support, and
resettlement and land clearance in accordance with the decisions on land
recovery made by competent authorities; take responsibility before the People’s Committee for the progress and result of
the local land clearance;
d) Direct the Compensation Council of the project to make, submit, and
implement the plan for compensation, support, and resettlement together with
the plan for vocational training, job change, and job creation;
dd) Cooperate with Services, agencies, organizations, and the investor in
executing the project of investment and the plan for establishing local
resettlement areas in accordance with the assignment from the provincial People’s Committee;
e) Announce the land recovery and decision on land recovery to households
and individuals;
g) Approve the contents within the area of competence of the
district-level People’s Committee, in
particular:
- The plan for compensation, support, and resettlement in accordance with the
assignment from the provincial People’s
Committee;
- The estimated budget for compensation, support, and resettlement in
accordance with the regulations of provincial People’s
Committee.
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i) The People’s Committees of districts
and communes shall issue decisions on approval for the boundaries of outer land
plots and agricultural land plots in residential areas as the basis for
calculating support for agricultural land in residential areas within 10 days
from the day on which the written request from the organization in charge of compensation, support, and resettlement
is received.
k) Promulgate a price list of plants and trees within the districts of
cities that are not in the price list of the provincial People’s Committee. The time limit is 10 days from the day on
which the written request from the organization in
charge of compensation, support, and resettlement is received;
l) Instruct the Divisions of Natural Resources and Environment to withdraw
the certificates of land use right and certificates of house ownership of the households
and individuals of whose land and houses are recovered; adjust the certificates
of land use right of the households and individuals whose part of land or house
is recovered; convert the purpose of land in the electrical grid corridor (that
is not recovered by the State);
m) Settle complaints and denunciations filed by citizens against the
compensation, support, and resettlement within their area of competence;
issuing and implementing decisions on enforcement in the cases within their
area of competence; cooperate with functional agencies in organizing the
enforcement under the decisions of competent authorities;
n) Enhance the inspection of land as prescribed; formulate annual program
for inspecting the compliance with the laws on land locally; resolve the
difficulties and settle disputes over land within their area of competence;
g) Annually summarize and report the local valuation, compensation,
support and resettlement to the provincial People’s
Committee (via the Service of Natural Resources and Environment)
2. People’s Committees of communes shall:
a) Establishing the work team for each project – the leader of the People’s Committee of the commune is the team
leader, the leader of the Vietnamese Fatherland Front Committee of the commune
is the vice-leader, the cadastres and members are associations of the commune –
to cooperate with the organization in charge of
compensation, support, and resettlement in making the compensation plan and
encouraging the people whose land is recovered
to move and clear the land on schedule. This is considered a local
socio-economic development mission.
b) Propagate the purpose of land recovery, policies on compensation,
support, and resettlement of the project;
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d) Facilitate the provision of compensation, support, and resettlement of people whose land is recovered and need to move;
facilitate the land clearance;
dd) Carry out inspections to discover land infringement, improper use of
land, and illegal land purpose conversion.
Initiate the procedure for penalizing administrative violations against
the laws on land, such as expanding or building houses or structures, planting
trees, or raising animals after the land recovery policy is announced, and
improper use of land in accordance with the laws on handling administrative
violations.
e) Verify the date of house building and number of household members of
the people whose land is recovered, the origin
of land purpose, time of land use, dispute over land, violations committed
during the construction, total area of agricultural land of each household that
is affected, percentage (%) of agricultural land that is recovered in
comparison with the total area of agricultural land and annual primary plants
on the recovered land, in case various annual plants are present when the
declaration and statistics are made, as the basis for calculating compensation
and support. The certification shall be made within 15 days from the day on
which the written request made by the organization in
charge of compensation, support, and resettlement is received.
Before certifying, the People’s Committee
of the commune where land is recovered shall verify and post such information
at the People’s Committees of the communes,
wards, or towns, and the head office of the residential areas where land is
recovered for the people to know and give
opinions. If no complaint is filed, no dispute arises, or no dissenting opinion
is given after 10 days from the posting day, the People’s
Committee of the commune shall certify and take responsibility before the law
for such certification.
g) Cooperate with the organization in charge of
compensation, support, and resettlement to provide compensation, support, and
resettlement for all people whose houses and land are recovered, after such
plan is approved by competent authorities;
h) Publicly post the decisions on settlement of complaints, denunciations,
decisions on approval for compensation, support, and resettlement plans of
competent authorities related to compensation, support, and resettlement;
i) Complete the system of cadastral documents; determining public land and
unused land under the management of communes;
k) Responsively settle difficulties, lawsuits and disputes over land
within their area of competence.
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1. The Service of Natural Resources and Environment shall:
a) Preside the appraisal of the plan for compensation, support, and
resettlement within the area of competence of the President of the provincial People’s Committee;
b) Provide guidance on the determination of land area, land type, and conditions
for compensation, and uncompensable land when the State recovers land; the
minimum area and position of resettlement land; provide guidance on the
determination of land area that is eligible and not eligible for compensation,
level of compensation or support for each person whose land is recovered as the
basis for calculating compensation and support for each subjects;
c) Enhance the inspection of land as prescribed; formulate annual program
and plan for inspecting the compliance with the laws on land locally; resolve
the difficulties and settle disputes over land;
d) Annually summarize and report the local valuation, compensation,
support and resettlement to the provincial People’s
Committee, Ministries, and central agencies;
d) Preside and cooperate with the Service of Planning and Investment and
the Service of Construction in making and submitting decisions on the range of
land recovery of each project to the provincial People’s
Committee for decision.
2. The Service of Finance shall:
a) Valuate the types of land at the request of the Service of Natural
Resources and Environment; decide the level of support, method of support and
resettlement, and request the provincial People’s
Committee to decide.
b) Cooperate with the Service of Natural Resources and Environment in
appraising the plan for compensation, support, and resettlement that is
approved by the President of the provincial People’s
Committee;
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3. The Service of Planning and Investment shall:
a) Cooperate with the Service of Finance in balancing and adjusting the
budget to responsively satisfy the demand for budget for compensation, support,
land clearance, and construction of resettlement areas in accordance with the
plan made by the provincial People’s
Committee;
b) Provide guidance; inspect the formulation and execution of resettlement
projects.
4. The Service of Construction:
a) Cooperate with relevant agencies in requesting the provincial People’s Committee to approve the positions and
scales of resettlement areas in conformity with the overall development
planning of the province which is approved by competent authorities;
b) Provide guidance on the determination of scale, area, legitimacy, and
illegitimacy of the constructions on the recovered land as the basis for
calculating compensation and support as prescribed;
c) Determine prices of houses and constructions on the land for calculating
compensation, and request the provincial People’s
Committee to make approval;
d) Cooperate with functional agencies in considering the rationality and
scale of resettlement area that suit the local development planning, and
request the competent authority to make approval;
dd) Cooperate with the Service of Natural Resources and Environment in
appraising the plan for compensation, support, and resettlement within their
area of competence.
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a) Presiding and cooperate with relevant Services and agencies in making
the price list of plants and animals on land, and require the provincial People’s Committee to approve it;
b) Provide guidance for units and local governments on the determination
of density of plants and conditions for compensation and support, and the
procedures related to forest liquidation;
c) Provide guidance on the support for plant varieties, animal breeds,
agriculture and forestry encouragement, pest control, veterinary services, farming,
breeding techniques, and production techniques on the land provided as
compensation according to Clause 6 Article 19 of this Regulation;
d) Provide guidance on the level of compensation (aquatic organism), salt
fields, cultivars that are harvested ahead of schedule according to Point c
Clause 1 Article 16 of this Regulation;
dd) Cooperate with the Service of Natural Resources and Environment in
appraising the plan for compensation, support, and resettlement within their
area of competence.
6. The Service of Industry and Trade shall consider the estimated budget
for dismantlement, transport, and reinstallation of machinery, equipment,
electricity system serving production of the organizations, households, and
individuals that are moved, and request the provincial People’s
Committee to make approval.
7. The Service of Labor, War Invalids and Social Affairs shall:
a) Cooperate with the Service of Finance and relevant Services in
formulating the plan for provision of vocational training and employments for the
people whose farmland is recovered, based on
the instruction of the Ministry of Labor, War Invalids and Social Affairs,
other Ministries and central agencies.
b) Cooperate with the organizations in charge of
compensation, support, and resettlement in implementing the plan for vocational
training, job change, and job provision for the people
whose farmland is recovered. Direct the vocational training facilities to
participate in provision of the vocational training according to this plan;
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The people that have their farmland
recovered shall be prioritized in the annual vocational training plan;
d) Cooperate with the Service of Natural Resources and Environment in
appraising the plan for compensation, support, and resettlement within their
area of competence.
8. The Departments of Taxation of Quang Ngai shall:
a) Request the Sub-department of Taxation of districts to provide
information about post-tax incomes, verify the fulfillment of tax liability of
the organizations, households, and individuals that have their business
suspended when the State recovers land at the request of the organization in charge of compensation, support, and
resettlement;
b) Provide guidance or resolve issues related to tax liability of
organizations, households, and individuals during the provision of
compensation, support, and resettlement.
9. Provincial Inspectorate shall:
a) Provide guidance on the settlement of issues, complaints, and
denunciations made by organizations, households, and individuals related to the
provision of compensation, support, and resettlement when the State recovers
land;
b) Verify complaints and denunciations made organizations, households, and
individuals related to the provision of compensation, support, and resettlement
when the State recovers land in accordance with the Law on Complaints and the
Law on Denunciation;
c) Inspect and hurry People’s Committees
of districts, relevant Services and agencies in settling complaints and
denunciations related to compensation, support, and resettlement;
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Article 43. Commendations and penalties
1. The people whose land is recovered and
the organizations and individuals that have accomplishments in compensation
provision and land clearance shall receive commendations according to
regulations of the State. Investors that have accomplishments in compensation
provision shall be nominated for commendation.
2. The organizations and individuals in chare of compensation provision
and land clearance that commit violations shall face administrative penalties
or criminal prosecution, depending on the severity of their violations.
Article 44. For the
projects and items that have finished the compensation, support, and
resettlement; the projects and items of which the plans for compensation,
support, and resettlement are approved, or the compensation, support, and
resettlement are being provided according to the plans approved by competent
authorities before this Decision takes effect, the plans approved by competent
authorities shall apply, not this Regulation. In exceptional circumstances,
investors shall offer suggestions to the People’s Committee of the district or
city, where the project is located, for decision.
Article 45. Difficulties
that arise during the implementation should be reported to the provincial People’s Committees (via the Service of Natural
Resources and Environment) for consideration, amendment, and supplementation./.