Binh Dinh: Will households and individuals have to harvest aquatic products early due to land recovery?
Compensation and support for moving graves when land is recovered in Binh Dinh?
According to Article 28 of the Regulations issued together with Decision 23/2019/QD-UBND of the People's Committee of Binh Dinh province as follows:
“Article 28. Compensation and support for moving graves”
For the relocation of graves other than those specified in Clause 2, Article 17 of this Regulation, the person whose graves must be relocated may be allocated land and be compensated for the move as follows:
1. The compensation for moving graves is calculated according to the number of graves to be moved and the current compensation unit price for graves prescribed by the Provincial People's Committee. In case the construction grave has complicated architecture, especially not yet specified in the price list, the Compensation, Support and Resettlement Council shall propose a specific compensation price and submit it to the Provincial People's Committee (through the Department of Construction). approved for implementation.
2. Particularly for projects in which the graves of ethnic minorities must be relocated, the relocation of the graves with a spiritual ceremony according to their own customs and traditions, depending on the actual situation, the compensation council will pay. support and resettlement propose specific compensation and support levels for submission to competent authorities for approval of the plan for consideration and decision.
3. In case the land with the graves is located on the land of the family's graves, not in the cemeteries and graveyards planned and managed by the State, in addition to compensation for moving the graves, additional support will be given to the deceased. with the area of land with graves being recovered (including the area of grave land of people who are not of the same clan who are buried on the land of the family's graves). The price of supporting land is equal to 50% of the residential land price in the land price list prescribed by the Provincial People's Committee in the nearest adjacent residential area and the land area for support calculation does not exceed 3.64m2/standard grave.
4. For the number of graves without declaration or relocation, the commune-level People's Committees shall assume the prime responsibility for, and coordinate with organizations in charge of, compensation and ground clearance and investors in relocation. ”
Accordingly, the compensation for moving graves will be calculated according to the number of graves that have to be moved and the compensation value prescribed by the Provincial People's Committee. For the case where the family graves are not located in the cemetery, when the land is recovered, in addition to the cost of compensation for moving the graves, they must also pay compensation for the recovered land area.
Binh Dinh: Will households and individuals have to harvest aquatic products early due to land recovery?
How are aquaculture households having to harvest early because of land acquisition in Binh Dinh?
According to Article 29 of the Regulation promulgated together with Decision 23/2019/QD-UBND of the People's Committee of Binh Dinh province, providing for compensation for crops and livestock:
- When the State recovers land and causes damage to plants, the compensation shall comply with the following provisions:
+ For annual crops, the compensation is calculated by the output value of the harvest. The output value of the harvest is calculated according to the yield of the highest crop in the previous 03 consecutive years of the main crop in the locality and the average price at the time of land acquisition.
+ For perennial trees and forestry plants, the compensation is calculated by the existing value of the orchard at the compensation unit price set by the Provincial People's Committee at the time of land recovery, excluding the value of the right to use the land. land use.
+ For plants that have not been harvested but can be moved to another location, they will be compensated for moving costs and actual damage due to having to move or replant.
+ For forest trees planted with state budget capital, natural forest trees assigned to organizations, households and individuals to plant, manage, care for and protect, compensation shall be made according to the actual damage value of trees. garden; Compensation money is distributed to the people who manage, care for and protect according to the provisions of the law on forest protection and development.
- When the State recovers land and causes damage to livestock, the compensation shall comply with the following provisions:
+ For livestock which are aquatic animals which at the time of land recovery has reached the harvest time, compensation is not required.
+ For livestock that are aquatic animals, which at the time of land recovery have not yet reached the harvest time, they shall be compensated for actual damage caused by early harvesting; in case it is possible to move, they will be compensated for moving expenses and damage caused by moving; The specific compensation level shall be presided over by the organization in charge of compensation and site clearance, and coordinated with specialized agencies to make an estimate and send it to the Department of Agriculture and Rural Development for appraisal for approval by the Compensation Council. , support and resettlement to submit to the People's Committee of the competent level for approval the compensation and site clearance plan for consideration and decision.
+ For livestock and poultry that must be moved to a new location, they will be compensated for moving expenses and damage caused by the move; The specific compensation level shall be presided over by the organization in charge of compensation and ground clearance, and shall coordinate with specialized agencies to make an estimate and send it to the Department of Finance for appraisal for approval by the Compensation, Support and Rehabilitation Council. and submit to the People's Committee of the competent level for approval the compensation and ground clearance plan for consideration and decision.
- In case the project owner wishes or a competent state agency requests to keep the status quo of forests and trees in order to protect the environment and prevent sand from flying for the project, they must support the people with forests; the specific level of support shall be agreed upon by the parties on the principle of repurchasing the actual value of forest recovery; This support amount is not deducted from land use levy or land rent as prescribed. Particularly for projects invested from the budget, the additional support level depends on each specific project. The Compensation Council proposes and submits to competent authorities for appraisal and approval in the compensation plan.
Thus, for households and individuals that grow annual crops and suffer damage due to land recovery, they will be compensated equal to the value of the harvested output according to the harvested yield in the last 3 years and the average price. at the time of land acquisition.
In the case of aquaculture, which must be harvested early due to land acquisition, compensation will be paid; in case of relocation, additional costs will be compensated for the relocation.
Will households and individuals have to move assets when recovering land in Binh Dinh?
According to Article 30 of the Regulation promulgated together with Decision 23/2019/QD-UBND of the People's Committee of Binh Dinh province, stipulates as follows:
“Article 30. Compensation for property relocation
1. Households and individuals that, when the State recovers their residential land but are cleared, must move to a new place of residence within a district, town or city in the province shall be compensated for property relocation. as follows:
a) Houses with codes from N1 to N4: VND 8,000,000/household
b) Houses with codes from N5 to N20 or with other works with codes from N5 to N20: VND 6,000,000/household.
2. Households and individuals that have houses with codes from N1 to N20 have a part of their houses removed but the remaining area is not functional or relocated behind. the compensation level for property relocation is equal to 50% of the compensation level specified in Clause 1 of this Article.
3. Households and individuals who, when the State recovers cleared cleared land, move to a new place of residence outside the district, town or city of their former residence in Binh Dinh province, the compensation for relocation property transfer equal to 1.5 times the compensation rate specified at Points a and b, Clause 1 of this Article.
4. Households and individuals, when the State recovers cleared residential land, but moves to another province, shall be compensated for the relocation of assets of 14,000,000 VND/household.
5. Organizations that, when the State recovers land, have to move assets (including the system of machinery, production lines, raw materials and materials) to the place where the new facility is built, shall be compensated for relocation expenses. property transfer.
In case the actual cost cannot be determined, it shall be determined according to the cost estimate prepared by the organization in charge of compensation and ground clearance and hired a functional consulting unit to prepare and send to a specialized agency for appraisal for notification. through the Compensation, Support and Resettlement Council, and submit it to the People's Committee of the competent level for approval of the compensation and site clearance plan for consideration and decision."
Accordingly, when the land is recovered, the households and individuals who are cleared have to move to another place within the district, town or city in the province, they will be compensated for the cost of moving the property. Depending on different cases, there will be different levels of support, there are two support levels of VND 6,000,000 and VND 8,000,000.
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