Binh Thuan: The remaining residential land area after land acquisition is too small, can I continue to claim compensation?
What is the current price of land for land compensation in Binh Thuan?
According to Article 7 Regulations issued together with Decision 08/2015/QD-UBND (amended by Clause 2, Article 1 of Decision 05/2018/QD-UBND) of Binh Thuan Provincial People's Committee regulating land prices Specifically for compensation, auction, land allocation and land lease as follows:
- Comply with the provisions of Clause 2, Article 74, Clause 4, Article 114 of the Land Law; Article 15, Article 18 Decree No. 44/2014/ND-CP dated May 15, 2014 of the Government on regulations on land prices (referred to as Decree No. 44/2014/ND-CP), Clause 4, Article 3 Decree No. 01/2017/ND-CP dated January 6, 2017 of the Government (referred to as Decree No. 01/2017/ND-CP).
- No later than December 1 every year, investors implementing project works that must recover land, compensate, support, resettle and auction land in the following year must review and register the list items to be sent to the provincial or district land fund development center (later called district land fund development center branch) to compile a list of works and projects in the area of the whole district to:
+ Transfer to the Department of Natural Resources and Environment to update the annual land use plan of the district and submit it to the Provincial People's Committee for approval according to regulations;
+ Transfer to the Department of Natural Resources and Environment to advise the Provincial People's Committee to approve the specific land pricing plan;
+ In case, the project works, which have been approved by the competent authority, arise after the provincial People's Committee approves the specific land pricing plan, the departments, branches and localities shall send a written notice to the local authorities. Department of Natural Resources and Environment to summarize and advise the Provincial People's Committee for additional approval.
- Organizations directly implementing compensation, support, resettlement, land auction are responsible for selecting a consulting unit in accordance with the law on bidding and contracts to perform specific land price determination. for each project or project according to regulations. The results of the application are submitted to the Land Management Sub-Department of Binh Thuan province for verification and consultation, and the Department of Natural Resources and Environment submits it to the Provincial Land Price Appraisal Council for appraisal according to current regulations.
- The specific cost of hiring a land price appraisal and consulting unit is determined as follows:
+ To serve the compensation, support and resettlement, which is used from the funding source for compensation, support and resettlement of the project;
+ Land auction works: To serve the province's budget revenue, which is ensured by the provincial budget, according to the annual budget allocation plan; serving the district's budget collection, which is ensured by the district budget, according to the annual budget allocation plan;
+ Works on land allocation and land lease guaranteed by the provincial budget shall comply with the annual budget allocation plan.
Binh Thuan: The remaining residential land area after land acquisition is too small, can I continue to claim compensation?
Compensation when acquiring residential land in Binh Thuan?
Pursuant to Article 11 of the Regulation promulgated together with Decision 08/2015/QD-UBND (amended and supplemented by Clause 4, Article 1 of Decision 05/2018/QD-UBND) stipulating compensation for land upon collection residential land acquisition as follows:
- Comply with the provisions of Article 79 of the Land Law and Article 6 of Decree No. 47/2014/ND-CP;
- The level of residential land for resettlement for each household shall comply with the provisions of Clause 2, Article 6 of Decree No. 47/2014/ND-CP for cases in which there are many generations in a household or many couples living together on one household. If the recovered residential land parcel is eligible to be separated into separate households according to the provisions of law on residence or there are many households sharing the right to use a recovered residential land parcel, each household shall be assigned residential land according to the following levels:
+ The main household is assigned 01 residential land plot in the concentrated resettlement area;
+ If the remaining households do not have any other residential land or houses and have an application for residential land allocation, the District Council for Compensation, Support and Resettlement shall summarize and send it to the District People's Committee for consideration and decision. decide to allocate residential land in residential areas to households depending on the local residential land fund.
- The settlement of residential land as prescribed at Point b, Clause 2 of this Article is only done when the couple has no residential land or any other house in the commune, ward or township where the acquired land is located and has given birth. live stably on the recovered land area before the State issues a notice on land recovery certified by the commune-level People's Committee.
- For households and individuals that are using land when the State recovers land attached to houses in the case of having to relocate but not being eligible for compensation for residential land or households or individuals are using land with houses before July 1, 2004 originating from encroachment or occupation but are actually living from the time of encroachment to the time of the notice of land recovery, if there is no other accommodation in the area. In the commune, ward or township where the recovered land is located, the State shall allocate 01 residential land lot in residential areas in the district, town or city.
- The allocation of land, issuance of certificates of land use rights, ownership of houses and other land-attached assets and collection of land use levy in the cases specified at Point b, Clause 2 and Clause 4 of this Article shall comply with the provisions of this Decree. provisions of the law of the land. In which, the land use levy in the cases specified at Point b, Clause 2 of this Article shall comply with Clause 2, Article 31 of this Regulation; The land use levy in the cases specified in Clause 4 of this Article is determined according to the specific land price, which is equal to the land price prescribed by the Provincial People's Committee multiplied by (x) the land price adjustment coefficient decided by the Provincial People's Committee. determined at the time of land allocation decision; The selling price of resettlement houses and apartments is the price proposed by the investor, appraised by the Department of Construction and submitted to the Provincial People's Committee for decision.
- In case the person whose land is recovered belongs to a poor household (who has a poor household book), in addition to the amount of land use levy exemption or reduction for the poor household policy as prescribed by law, the provincial People's Committee will also receive a support of 50%. land use levy according to the minimum resettlement rate set by the Provincial People's Committee in this Regulation.
- Households and individuals who are granted residential land allocation but are not eligible for resettlement arrangement but are poor, low-income households, and have little compensation (smaller value of compensation and support for land). value of the allocated residential land) and wishes to be debited for land use levy. The district-level People's Committees shall direct the commune-level People's Committees to certify and assign the district-level Compensation, Support and Resettlement Councils to consider the legality of each case and specific circumstances in determining the subjects. conditions for considering settlement of residential land and for debiting land use levy when granting certificates of land use rights, ownership of houses and other land-attached assets.
Thus, for large households that are eligible to separate into separate households, when the residential land is recovered, the main household will be allocated 1 plot of land in the concentrated resettlement area. If the remaining households do not have land or other houses, they will apply for land allocation and be allocated residential land in residential areas according to the local land fund.
Compensation for the remaining land area after land acquisition?
According to Article 20 of the Regulation promulgated together with Decision 08/2015/QD-UBND of the People's Committee of Binh Thuan province, stipulates as follows:
“Article 20. Land recovery, compensation and support for the remaining land area after recovery
1. If agricultural land is recovered, the remaining area cannot be continued to agricultural production or the land use purpose cannot be changed to another purpose; If the household or individual requests, the commune-level People's Committee confirms, the organization directly performing the compensation report to the district-level Compensation, Support and Resettlement Council for consideration and submission to the People's Committee of the district. People at district level shall recover and compensate and support according to regulations.
2. In case the remaining residential land area, after being recovered, is smaller than the minimum area for plot separation as prescribed by the Provincial People's Committee, or the remaining land is not suitable for housing construction, if the person whose land is recovered makes a written request, the State shall consider recovering and compensating the entire land area according to regulations.
3. The recovery of land area under Clauses 1 and 2 of this Article is not required to adjust the scale of the investment project. This compensation and support cost shall be included in the compensation, support and resettlement cost of that work or project.
4. The management of the aforesaid recovered land area shall be assigned to the commune-level People's Committee or the Land Fund Development Center for management according to current regulations in the case of land recovery for the purposes of national interest. community profit. Particularly in case of land recovery for economic development purposes, the Department of Natural Resources and Environment shall report to the provincial People's Committee for decision to assign the project owner to use according to regulations without having to set up an additional project.
Thus, in the case that after the land is recovered, the remaining agricultural land area is not enough for agricultural production or cannot be changed for the purpose of land use, the household or individual may request the State Housing Authority to do so. the country conducts land acquisition and compensation.
In case the residential land is recovered but the remaining part does not have enough minimum area to separate the plot, the household or individual may request the State agency to recover the land and make compensation.
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