Upon land expropriation by the State of Vietnam and organizations and individuals having to move their assets, what costs will the State of Vietnam compensate for?
- Upon land expropriation by the State of Vietnam and organizations and individuals having to move their assets, what costs will the State of Vietnam compensate for?
- What are the regulations on payment of compensation, support and resettlement money?
- Who has the competence to issue the Decision on payment of compensation, support and resettlement?
Upon land expropriation by the State of Vietnam and organizations and individuals having to move their assets, what costs will the State of Vietnam compensate for?
Pursuant to Clause 1, Article 91 of the 2013 Land Law of Vietnam, compensation for transportation costs upon land expropriation by the State is prescribed as follows:
Upon land expropriation by the State, people whose assets need to be moved shall be compensated for the cost of dismantlement, transportation and installation. In case of moving machinery or production lines, the damage caused during the process of dismantlement, transportation and installation must also be compensated.
What are the regulations on payment of compensation, support and resettlement money?
Pursuant to Article 93 of the 2013 Land Law of Vietnam, the payment of compensation, support and resettlement money is regulated as follows:
1. Within 30 days after the decision on the land expropriation by a competent state agency takes effect, agencies and organizations in charge of compensation shall pay compensation and support to people whose land is expropriated.
2. If agencies and organizations in charge of compensation delay the payment, in addition to the compensation and support prescribed in approved plans for compensation, support and resettlement, people whose land is expropriated are entitled to an amount equivalent to the late- payment interest in accordance with the Law on Tax Administration calculated based on the unpaid amount and the delayed period.
3. In case people whose land is expropriated do not receive the compensation and support prescribed in approved plans for compensation, support and resettlement, this compensation and support must be deposited in the temporary custody account of the State Treasury.
4. For land users who are entitled to compensation upon land expropriation by the State but have not fulfilled land-related financial obligations as prescribed by law, the amount of these financial obligations must be deducted from the compensation amount and paid back to the state budget.
Upon land expropriation by the State of Vietnam and organizations and individuals having to move their assets, what costs will the State of Vietnam compensate for?
Who has the competence to issue the Decision on payment of compensation, support and resettlement?
Pursuant to Point a, Clause 3, Article 69 of the 2013 Land Law of Vietnam stipulating the decision on land expropriation, the approval and the organization of implementation of the plans for compensation, support and resettlement as follows:
Order and procedures for land expropriation for national defense or security purpose; for socio-economic development in the national or public interest
…
3. The decision on land expropriation, the approval and the organization of implementation of the plans for compensation, support and resettlement are prescribed as follows:
a/ The People’s Committee which has the competence as prescribed in Article 66 of this Law shall issue a decision on land expropriation and a decision on approval of the plans for compensation, support and resettlement in the same day;
Thus, Article 66 of the 2013 Land Law of Vietnam stipulates the competence to recover land as follows:
Competence to recover land
1. Provincial-level People’s Committee may decide on land expropriation in the following cases:
a/ Recovery of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case prescribed at Point b, Clause 2 of this Article;
b/ Recovery of agricultural land which is part of the public land funds of communes, wards or townships.
2. District-level People’s Committees may decide on land expropriation in the following cases:
a/ Recovery of land from households, individuals and communities;
b/ Recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam.
3. In case both subjects prescribed in Clauses 1 and 2 of this Article exist in one expropriated area, the provincial-level People’s Committee shall decide on the land expropriation or authorize district-level People’s Committees to decide on the land expropriation.
Thus, the district-level People's Committee shall issue a decision on payment of compensation, support and resettlement in the following cases:
+ Recovery of land from households, individuals and communities;
+ Recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam.
In case the provincial-level People’s Committee decides to recover the land, it will issue the Decision on payment of compensation, support and resettlement;
In case the district-level People's Committee is authorized to decide on land recovery, it will issue a decision on payment of compensation, support and resettlement.
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