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PEOPLE’S COMMITTEE OF HANOI CITY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
02/2013/QD-UBND
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Hanoi, January
7, 2013
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DECISION
ON AMENDING AND SUPPLEMENTING A
NUMBER OF ARTICLES OF THE REGULATION ISSUED TOGETHER WITH THE DECISION No.
108/2009/QD-UBND DATED 29/9/2009 OF PEOPLE'S COMMITTEE OF HANOI CITY ON THE
COMPENSATION, SUPPORT AND RESETTLEMENT WHEN LAND IS RECOVERED BY THE STATE IN
HANOI CITY
HANOI CITY PEOPLE'S COMMITTEE
Pursuant to the Law on Organization of People's
Councils and People's Committees dated November 26, 2003;
Pursuant to the Land Law dated November 26, 2003;
Pursuant to the Decrees of the Government: No.
181/2004/ND-CP dated 29/10/2004 on the implementation of the Land Law of 2003;
No. 197/2004/ND-CP dated 03/12/2004 on compensation, support and resettlement
when land is recovered by the State; No. 17/2006/ND-CP dated 27/01/2006 amending and supplementing a number of
Articles of the Decrees guiding the implementation of
the Land Law; No. 84/2007/ND-CP of May
25, 2007 with additional provisions on issuance of land use right
certificates; on land recovery; on exercise of land use rights; on order and
procedures for compensation, support and resettlement when the State
recovers land; and on resolution of complaints about land; No. 69/2009/ND-CP
dated 13/8/2009 additionally providing for land use planning, land prices, land
recovery, compensation, support and resettlement;
At the proposal of the interdisciplines: City Clearance Steering Committees, the Department of Finance, Department of Natural
Resources and Environment, Department of Construction, Hanoi Tax Department and
the Department of Justice,
DECIDES:
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1) To amend and supplement
Article 12 as follows:
"Article 12. Price using as a basis for
compensation, support of land (as specified in Clause 2, Article 9 of Decree
No. 197/2004/ND-CP; Article 11 of Decree No. 69/2009/ND-CP)
1. Land price for calculation of compensation,
support is the land price regulated and announced by the People’s committees of
the City according to land use purposes; compensation shall not be made according
to the price of land set for the new purpose to be shifted to.
2. Land prices using as a basis for
compensation, support and resettlement.
Where land prices which are set by People’s
committees of the City after the time of recovery announcement and they are not
close to actual market prices of land-use right transfer under normal
conditions, the district-level People's Committee shall assign the investors
who are responsible for the compensation, support and resettlement to hire
consulting organization with evaluation function in accordance with the
regulation of Ministry of Finance to determine the price of land as a basis for
compensation, support and resettlement, and make evaluation certificates to
send to district-level People's Committee for considering, proposing, reporting
to the Department of Finance for inspection and submission to the City People's
Committee for decision.
The cost of hiring consulting organization for
re-evaluating the price of land in accordance with this regulation shall be
included in the cost of supporting the compensation, support and resettlement
of the project.
3. The adjustment of land prices as a basis for
calculating compensation, land recovery support (if any) after having a
decision to approve the plan of compensation, support and resettlement of the
competent authority shall be handled as follows:
a) In case the compensation, support and
resettlement already have done, the land prices adjustment shall not be
applied;
b) In case of delayed payments of compensation,
support and resettlement and the land price changes, district-level People's
Committees shall organize inspection to clarify the causes and responsibilities
for handling under the provisions of Clause 2, Article 9 of the Decree No.
197/2004/ND-CP of December 03, 2004 of the Government.
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b2. If delay in payment of compensation, support
is caused by the persons who have recovered land and at the time of receiving
compensation, support, the land price is higher than the price approved at the
plan of compensation, support and resettlement, then the compensation, support
and resettlement plan shall not be modified according to the adjusted price;
c) During the period of petitions and complaints
related to compensation, support and resettlement and during the period of
inspection, conclusion by the functional agency, the land users, users of
properties on land still have to implement the plan of compensation, support
and resettlement, move and handover of ground to the investor in accordance with
the regulations. If the land users, users of properties on land do not
implement the publicized and approved plan of compensation, support and
resettlement, and do not move, hand over, the late payment shall not be
considered as the fault of State agencies.
2) To amend Clause 2,
Article 13 as follows:
"2. Garden land and ponds in the same land
plot with houses of the households, individuals in residential areas where are
not recognized as residential land; garden land and ponds in the same land plot
with separate houses; garden land and ponds in the same land plot with houses
along the traffic roads, are eligible for compensation under the provisions,
when the State recovers, in addition to the compensation under the price of
agricultural land for perennial crops specified in the land price table issued
annually, it is supported in cash as follows:
a) The level of support:
a. 1.1 Equal to 70% of the residential land
price in the same land plot with houses of households and individuals using
before 10/151993 and with one of the conditions of compensation under
residential land prices;
a.2. Equal to 40% of the residential land price
in the same land plot with houses of households and individuals using
residential land without papers from 10/15/1993 to before 07/012004 and with
one of the conditions of compensation under residential land prices;
b) The supported area is calculated by the
actual recovered area but not more than 05 times of the new residential land allocating
quota in the localities."
3) To amend Point a,
Clause 1 of Article 18 as follows:
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The area of land in excess of limits recognized
as residential land (if any) is compensated and supported in accordance with
provisions for garden land and ponds in the same land plot with house of a land
user as specified in point a, Clause 2 of this Article. "
4) To amend Point b, Clause
2 of Article 19 as follows:
"b) Shall be compensated for the allocated
residential land area that is the one out of the land allocation quota under
the current regulations, but required to withhold land use levy by 50% of the
residential land compensation price."
5) To amend Clause 2,
Article 26 as follows:
"2. In case of not recovering land and not
changing the purpose of land use (houses, construction works having sufficient
conditions for the existence in the safety corridor of the building), but
limiting the ability to use, the cash assistance shall be applied.
a) Houses, works for the daily life of
households, individuals do not have to move from the power grid safety
corridors up to 220KV specified in Clause 4, Article 1 of the Decree No.
81/2009/ND- CP, the house owner, works for daily life activities are supported
(one-time) due to the limited ability to use and impact of daily life
activities, as follows:
a.1. Houses, daily life works having a part or
all of the construction area located in the power grid safety corridors, built
on land eligible for compensation under the provisions of the law, before the
announcement date of implementing high-voltage power grid projects approved by
the competent authority, the constructed area in the power grid safety
corridors is supported by 70% of the new construction unit prices issued by the
Hanoi People's Committee;
a.2. Houses, daily life works built on land not
eligible for land compensation in accordance with the law, but built in the
reality (prior to 07/01/2004), it is supported by 50% of support level
specified in Article 32 of the Regulation issued together with the Decision No.
108/2009/QD-UBND dated 29/9/2009 of the Hanoi People's Committee, calculated on
the area of the construction located in the power grid safety corridors
b) Residential land, other lands in the same
residential land plot of one user in the power grid safety corridors which are
not subject to land recovery by the State, the land user shall be supported
(one time) due to limit of ability to use the land, as follows:
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b.2. Other types of land, in the same land plot
specified in Point b1 above, are supported by 80% of the level of compensation,
support on land under this Regulation when recovering those lands, calculated
on other lands in the area of power grid safety corridors.
c) For plants inside and outside of the power
grid safety corridors having foliage inside the power grid safety corridors:
c.1. Plants existed before the announcement of
land recovery for implementing the project and inside the power grid safety
corridors, if they are cut down and prohibited from new grow as prescribed in
Clause 3, Article 5 of the Decree No.106/2005/ND-CP, the compensation is made
according to current regulations.
c.2. Plants existed before the announcement of
land recovery for implementing the project and inside the power grid safety
corridors, if they are not subject to cutting down and prohibit from new grow
as prescribed in Clause 3, Article 5 of the Decree No.106/2005/ND-CP, or plants
outside the power grid safety corridors having risk of safe distance violation
specified in Clause 2, Article 5 of Decree 106/2005/ND-CP, the operation
management unit has the right to inspect, trim or cut to ensure safety for
overhead power transmission line, and have lump-sum support. District-level
People's Committees shall decide the level of support but does not exceed 30%
of compensation level as prescribed.
d) When supporting by cash in cases specified in
Points a, b, and c mentioned above, the People's Committees of districts, towns
are responsible for directing the district-level department of Natural
Resources and Environment, land use right registration office of districts,
towns to make procedures to write land use right restrictions on certificates
of land use right and property rights (in case the land use right certificates
already granted) or archive records of land management to make the management
of land use and write land use restrictions when granting certificate of land
use rights, housing ownership right and other assets in accordance with the
land. "
6) To supplement Clause 1 of
Article 29 as follows:
"Funds supported for households and
individuals to hire, bid under this provision shall be taken from the budget
amount supported by the district-level People's Committee as recovery of land
to the commune-level People's Committees."
7) To amend and supplement
Clause 1 and 2, Article 31 as follows:
"1. Houses and construction works with
construction permit; houses and construction works without construction permit
prior to 07/01/2004 of the households and individuals on land which are
eligible for compensation as specified in Article 7 of the Regulation issued
together with the Decision No. 108/2009/QD-UBND dated 29/9/2009 of the of the
City People’s Committee shall be compensated by 100% of the new construction
price unit promulgated by the City People's Committee.
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2. Compensation for technical infrastructure, social
infrastructure is determined as follows:
a) For the technical infrastructure or social
infrastructure being in use, but required to be removed, the compensation level
in cash is calculated by the value of new construction with the technical
standards at the same level (according to standards specifications issued by
the specialized management ministries) for the units managing, using,
exploiting these works to self-build, the new ones or move the works; if the
works are no longer in use, they shall not be compensated.
For the technical infrastructure being in use,
required to be removed, but it has not been classified into technical standard
levels, the specialized management Department shall determine the technical
standard level for calculating compensation value.
b) For the projects involving multiple
geographical areas (districts, communes, wards), the removal of the technical
infrastructures in use have to perform synchronously. If the units having
assets send written request to receive compensation by construction work
(instead of receiving cash compensation as prescribed in Item a, Point 2 of
this Clause), the comoensation by construction work is considered as follows:
b1. Based on the investigation records of the
Task Team on the current state of technical infrastructure which is in use and
need to be removed (certified by the commune-level People's Committee and of
the units managing, using, exploiting the works), the investors assigned for
the land clearance are responsible for making or hiring the organizations with
legal entity to make estimates of new work construction which has equivalent
technical standard, and send it to the state specialized management agency for
consulting consent opinion, assessment as a basis for submitting to the district-level
People's Committee to appraise and approve the plan of compensation, support as
prescribed.
b2. Value of the approved compensation, support
plans is the cost to organize the removal, construction and returning, handover
to the unit having assets. The organization of removal, construction of work
must comply with the order and regulations on management of investment project;
non-usable recovered asset shall be handled in accordance with the current
regulations.
In case the unit with asset has additional need
of utility, capacity increase and technical standards, the increased part
should be paid by the unit.
b3. Unit receiving such assets shall perform the
assessment; record increase of the State capital in the enterprises in
accordance with the regulations. "
8) To adjust the number of
supports specified in Article 35, Article 38 as follows:
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b) To change the support level of house
relocation specified at Point a, Clause 1, Article 38 from VND 3,000,000
VND/owner of house, land (if relocated inside the City) to VND 5,000,000 (in
million VND)/owner of house, land; From VND 5.000.000/owner of house/ land (if
relocation to another province or city) to 8,000,000 (eight million VND)/owner
of house, land.
In cases of eligibility for resettlement
arrangement that voluntarily hand over land and take care by their own the
temporary residential accommodation, the owner of house, land shall have
additional support for temporary residential accommodation relocation to be
VND5,000,000 (five million VND).
c) To support house renting for temporary
resettlement specified at Point b, Clause 1, Article 38 from VND 500.000/person
or VND 1,000,000/single household/month to the VND 1,000,000 (one million
VND)/actual person at the recovered land/month or VND 2,000,000 (two million
VND)/single household/month, but the level of support does not exceed 6,000,000
(six million/household/month.
The support period is calculated from the time
of land handover to the time of notice of receiving resettlement house (in case
of being bought resettlement housing); calculated from the hand over time to
the time of notice of receiving resettlement land plus additional 06 months to
build house (in case of resettlement land assignment).
For the cases receiving support money for
self-taking care of resettlement, the temporary house renting support is also
applied as the cases of being bought house, assigned land for resettlement of
the project.
In case of being recovered one part of
residential land but the residential land owners are not enough criterion for
resettlement support, but to-be demolished actually in whole or in part of the
house, if they hand over ground for the right schedule, the temporary renting
support as above is applied for 06 months (for the case of demolition of the
whole house) and 03 months (for the case of demolition of a part of house).
9) To amend Clause 3 of
Article 40 as follows:
"3. Support policy of vocational training
for laborers who are recovered their agricultural land (According to the
Decision No. 52/2012/QD-TTg of the Prime Minister) shall be particularly
promulgated in details by the City People's Committee.
10) To amend Clause 3 of
Article 44 as follows:
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11) To amend Article 45 as
follows:
Article 45. Policies and principles of
resettlement allocation of residential housing and land to the households and
individuals (Implementation of the Land Law, the Housing Law in 2003; Article
4, Clause 2 Article 14, Article 34 of the Decree No. 197/2004/ND-CP; Article 5
of the Decree No. 84/2007/ND-CP; Article 19 of Decree No.69/2009/ND-CP; Article
18 of the Circular No.14/2009/TT-BTNMT)
1. Households and individuals who have land
recovered by the State meet one of the conditions of compensation, support with
residential land prices are allocated resettlement as described in the
following cases:
a) Households and individuals who have to
relocate their accommodation due to the recovery of all residential land
without any other residential place in the same commune, ward or township of
land recovery (except for households, individuals without need of
resettlement);
b) Households and individuals who have land to
be recovered and the remaining residential land area after recovery are not
eligible for staying in accordance with the City’s regulation and without any
other residential place in the same commune, ward or township where land is
recovered;
c) Households and individuals who use
residential land inside the safety corridor as construction of public works
with safety protection corridors and have to move without any other residential
place in the same commune, ward or township where land is recovered;
d) Other special cases settled in accordance
with separate guidance documents of the City People’s Committee.
2. The land use fee, the price of selling
resettlement houses.
a) The land use fee as allocating resettlement
land is determined by the transfer prices of land use right on the market in
normal conditions, at the same time and consistent with the principles and
method of land valuation as a basis for compensation, support as recovery,
approved by the City People's Committee for each specific project (for the case
of adjustment compared with the annual price) together with the approval of
land prices as a basis for compensation, support to the recovery of land.
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The cost of hiring consulting organization for
re-evaluating the price of residential land in accordance with this regulation
shall be included in the cost of serving the compensation, support and
resettlement of the project.
b) The selling price of houses for resettlement
is determined close to the actual transfer price on the market, to ensure that
it is not less than the allocated land use fee and actual costs.
The City People's Committee authorizes the
Department of Finance to determine the price of resettlement apartment
according to the floor, type of apartment and location of each specific
project. The Hanoi Housing Management and Development one member limited
liability Company shall hire the consulting organization to appraise the price,
report to the Department of Finance for examination and approval.
For the apartment of resettlement in
resettlement areas already determined price according to this principle, if it
is continued to apply to the following projects but the market price
fluctuates, the Department of Finance shall approve the percentage of
adjustment of increase or decrease accordingly for application.
c) In implementing the price policies of
resettlement specified in this Clause, the recovered land owners have the right
to choose the resettlement allocation plan of the investors agreed for the
projects as stipulated in Clause 12, 13 of this Article or buying commercial
house, land in the new urban development projects in the city.
3. Resettlement support.
a) When the State recovers land (all residential
land plot), households and individuals who are eligible for resettlement
allocation and the amount of compensation, support is less than the value of a
minimum distribution of settlement (40m2 land; 45 m2 of an apartment) shall be
supported this difference.
In case after receiving the support from the
difference, the total amount of compensation and support in the plan which is
still not enough to pay land use fee, buy resettlement house according to
actually-approved plan, if the households and individuals have expectation and
send application, they could amortize the left amount under the current
provisions of the city People’s Committee;
In case households and individuals don’t receive
residential land, house in the resettlement area, they shall be supported in
cash as specified in Item b, Point 3 of this Clause.
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4. If the owners recovered their land can not
afford to buy houses, land for resettlement, they shall be considered to rent,
lease, or lease-purchase or buy houses for low-income people in accordance with
Decision No. 67/ 2009/QD-TTg dated 24/4/2009 of the Prime Minister promulgating
a number of mechanisms and policies on development of houses for low-income
people in urban centers and the Circular No. 36/2009 /TT-BXD dated 01/16/2009
of the Ministry of Construction guiding the sale, lease, lease-purchase,
management and use of houses for low-income people in urban areas, based on the
the City Housing Fund.
5. Resettlement allocation principles and
priorities in resettlement allocation
Based on the current land, resettlement housing
fund (region, location structture of the land plots; type of houses, quantity,
area of land, apartment structure), the district-level People's Committee shall
approve regulations on drawing lots to determine the location of houses,
resettlement land of the project, to ensure an openned, fair, democratic and
legal policies and also implement policies of priority in the resettlement
allocation as follows:
a) To prioritize on-spot resettlement for the
owner recovered land within the location where land locates in the scope of the
resettlement project;
b) To prioritize favorable location allocation
for house, land users who hand over the land in earliest time, who have good
location at the place where locates recovered land, or who are subjects of
policy family.
12) To amend Article 47 as
follows:
"Article 47. Allocating resettlement by
residential land for households and individuals
In case the State have land funds for allocation
and households, individuals are eligible, and require for allocating
resettlement by land assignment, the land for resettlement shall be allocated
according to price policies specified in Point 2 Clause 11 of this Article with
an area based on the recovered residential land area, resettlement land fund
conditions of the project and the new land allocation quota in accordance to
the regulation of the City People’s Committee as follows:
a) From 40m2 to 90m2 for assigning resettlement
land in the wards;
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c) From 80m2 to 180m2 for assigning resettlement
land in the plain communes;
d) From 120m2 to 240m2 for assigning
resettlement land in the midland communes;
đ) From 150m2 to 300m2 for assigning
resettlement land in the mountainous communes.
2. Assignment of resettlement land in case of
the recovery of the entire residential house, land.
a) If the recovered land area is eligible for
compensation according to residential land price, the resettlement land area is
assigned equal to the recovered residential land area but not lower than the
minimum resettlement land plot and not exceeding allocation limit specified in
Point 1 of this Clause.
b) If the recovered land is not eligible for
compensation according to residential land price but is supported by the
residential land price, the resettlement land area is assigned equal to the
recovered residential land area but not lower than the minimum resettlement
land plot and not exceeding the minimum resettlement quota (by the each region)
specified in Point 1 of this Clause.
3. Assignment of resettlement land in case of
recovery of a part of residential house, land.
The land area considered to assign for
resettlement is determined by the area of resettlement assignment land as
for the case of recovery of the entire residential house, land specified in
Point 2 of this Clause – except for the remaining land outside the ground
clearance border, but the area of resettlement assignment land for one owner
of residential house, land is not lower than 40m2.
4. For the particular cases, in accordance with
local practice, the district-level People's Committee examines and proposes the
City People's Committee for review, decision"
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"Article 48. Allocation of resettlement by
apartment to housholds and individuals
If the households and individuals are eligible,
and require to be allocated resettlement with apartments, they may buy
resettlement apartment according to policies specified in Point 2, Clause 11 of
this Article; the area, quantity of apartment for allocating resettlement to
the households (except the cases specified in Point 3, Clause 11 of this
Article) are based on the conditions of the resettlement housing fund of the
project, recovered area of house, land, the financial ability of the
households.
If the households and individuals are eligible
for resettlement allocation, but they do not buy the resettlement houses
allocated by City, and want to buy commercial houses in the housing development
projects, they shall be recommended to the project by the Department of
Construction. In this case, the households, individuals shall be supported for
self-relocation as prescribed in Item 3, Clause 11 of this Article. "
14) To amend and supplement
Point b1, Clause 2 of Article 53 as follows:
"b.1. Commune-level People's Committees
having written confirmation of the contents:
- Identificate the houses, land within the
recovery scope of households, individuals with/or without disputes, claims;
- Based on records on land management, building
archived under the provisions of the commune-level People's Committee to
determine the conditions for being compensated or not;
- Compensate according to the provisions of
Clause 5, Article 7 of the Regulation issued together with the Decision No.
108/2009/QD-UBND dated 9/29/2009 of the City People’s Committee;
- Based on the land management records,
determining the time to start using land in accordance with current use
purpose, time to start changing the current land use purpose; time to build
houses, works on land within the ground clearance boundary of the
organizations, households and individuals in the scope of land recovery. If
there is no record, organize to collect opinion of Commune-level Fatherland
Front and those who used to reside locally at the same time to start using land
as the basis for certification,
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- Confirming the relocation of residential areas
of the households and individuals due to land recovery; conditions of
residential houses, land of households and individuals in the commune, ward or
township where the land is recovered;
- Comfirming the populations directly producing
agriculture of the households and individuals who have agricultural land to be
recovered.
15) To amend point g,
Clause 1 of Article 54 as follows:
"g) Re-settlement plan; relocation plan for
organization (if any)."
16) To amend Clause 6 and
supplement Clause 7 of Article 62 (responsibilities of investors, fund development
organizations assigned land for ground clearance under planning) as follows:
"6. Investors are responsible for hiring
consultants to determine the price of land as provided for in Point 2, Clause 1
and Item a, Point 2, Clause 11 of this Article (if the projects are required to
be allocated resettlement); active preparation of the resettlement funds and
new residential places for the residents.
7. For construction projects in lines or with a
large-scale of land recovery, in case of phasing land recovery, implementating
compensation, support and resettlement, the investors or organizations assigned
ground clearance tasks are based on the scope, objects and the current
situation of the compensation, support and resettlement, to propose to the
district-level People's Committee for consideration and report to the City
People's Committee for directing the implementation. "
17) To Supplement Clause 8,
Clause 9, Article 63 (the responsibility of the district-level People's
Committees) as follows:
"8. Proposing, reporting to the Department
of Finance to verify, submit to the City People's Committee for approval,
adjustment land price in accordance with Point 2, Clause 1 and Item a, Clause
2, Clause 11 of this Article (if the projects are required to be allocated
resettlement).
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18) To supplement Clause 2,
Article 68 (the responsibility of the Department of Finance) as follows:
"1) Concretly guiding the process,
procedures for determining land prices, house prices close to the market price
under normal conditions (from the stage of establishing a list of
organizations, consultants of price evaluation with legal entity, capacity;
process of identification, verification, related records as proposal and
sending to the Department of Finance to examine, submit to the City People’s
Committee of the city for making adjustment price decision). "
19) To amend Point c and
supplement Point e, Clause 4, Article 68 (the responsibility of the Department
of Construction) as follows:
"c) Introducting commercial houses fund
from the housing development projects in the city for People's Committees of
district, towns, households wishing to purchase commercial houses;
e) Annually issueing and publicizing the new
construction unit price of housing, works and structures, grave relocation as a
basis for compensation and support when the State recovers land in the city.
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Article 2. Handling a number
of issues arising when issuing the decision.
1. The projects, items that have paid completely
the compensation, support and resettlement before the effective date of this
regulation, it shall not be applied or not governed by this regulation.
2. The projects, item that have approved the
plan of compensation, support and resettlement or ongoing payment of
compensation, support and resettlement under the plan approved before the
effective date of this regulation, it shall be complied with the approved plan,
and shall not be applied or adjusted according to this regulation. In case of
late compensation, land price for the compensation, support shall comply with
the provisions of Clause 2, Article 9 of the Decree No. 197/2004/ND-CP and
Clause 1, Article 1 of this Decision.
3. In the process of implementation, if any
problems arise, Departments, Branches and People's Committees of districts,
organizations, households and individuals who are assigned or leased land;
Organization on duty of clearance compensation should be reported promptly to
the Steering Committee of clearance for synthesis, and together with
Interdisciplinary Branch to study, report to the City People’s Committee.
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Chief of the Office of City People's Committees;
Directors of Departments and Branches; Presidents of People's Committees of
districts and Son Tay town; related organizations, households and individuals
are responsible to implement this Decision. /.
PEOPLE’S COMMITTEE
FOR PRESIDENT
DEPUTY PRESIDENT
Vu Hong Khanh