Resolution 18-NQ/TW in 2022 of Vietnam: Requirement to ensure better housing and new life for people whose land has been recovered?
- The people whose land has been acquired must have a place to live and a guaranteed life equal to or better than the old one in Vietnam?
- What cases will be compensated for land when the Vietnamese government recovers people's residential land?
- How are land prices at resettlement sites and resettlement housing prices determined according to Vietnamese regulations?
The people whose land has been acquired must have a place to live and a guaranteed life equal to or better than the old one in Vietnam?
Pursuant to subsection 2, Section IV of Resolution 18-NQ/TW in 2022:
“IV- TASKS, SOLUTIONS
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2. Perfecting institutions and policies on land management and use in sync with the institutions for developing a socialist-oriented market economy
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2.3. Completing regulations on compensation, support, resettlement and land recovery for defense and security purposes; socio-economic development for national and public interests
The land acquisition must comply with the Constitution and laws; only be implemented after the compensation, support and resettlement plan is approved. In case of land recovery, resettlement must be arranged, the resettlement arrangement must be completed before the land is recovered. The compensation, support and resettlement must go one step ahead, ensuring publicity, transparency and harmonization of the interests of the Vietnamese government, the person whose land is recovered and the investor in accordance with the Constitution and the law; there are specific regulations on compensation, support and resettlement so that after land is recovered, people whose land is recovered must have a place to live and ensure a life equal to or better than the old place. Effectively implement vocational training, create jobs, reorganize production, and stabilize life for people whose land is recovered. Continue to pilot and soon summarize the policy of separating compensation, support and resettlement projects from investment projects for implementation first.
More specific regulations on authority, purpose, scope of land recovery, specific conditions and criteria for land recovery by the State for socio-economic development for national and public interests. Continue to implement the self-agreement mechanism between people and businesses in the transfer of land use rights for the implementation of urban and commercial housing projects. Perfect the organization, apparatus, operation mechanism and financial mechanism of land fund development organizations, ensure streamlined, efficient operation, and sufficient capacity to create, manage and exploit land funds to well perform the tasks of compensation, support and resettlement when the State recovers land.
Specify the effective exploitation of the land fund adjacent to infrastructure works according to master plans, plans on land use and priority policies for people whose residential land has been recovered to be allocated land or buy houses on the land. The recovered land area has been expanded according to the provisions of law. For socio-economic development projects in accordance with master plans and plans on land use, it is necessary to soon develop and perfect mechanisms and policies so that organizations, households and individuals have the right to use land. land to participate with investors to implement projects in the form of transfer, lease, capital contribution with land use rights.
Regulations on the mechanism of land use right contribution and land adjustment for urban development and embellishment projects and rural residential areas. There are specific and synchronous sanctions to handle cases in which land has been allocated or leased by the State but has not been used or has been used late. Resolutely recover land from organizations, state agencies, and non-business units that use land for improper purposes, especially at locations with advantages and high profitability, and prevent loss of State capital and assets."
Accordingly, when the State recovers people's land, compensation, support, and resettlement must be provided, ensuring that after the land is recovered, people must have a better place to live and live, or at least equal to the previous accommodation.
Resolution 18-NQ/TW in 2022 of Vietnam: Requirement to ensure better housing and new life for people whose land has been recovered?
What cases will be compensated for land when the Vietnamese government recovers people's residential land?
Pursuant Article 79 of the Land Law 2013 stipulates:
"Article 79. Compensation for land when the State recovers residential land
1. Households and individuals using residential land and overseas Vietnam owning houses associated with land use rights in Vietnam, who are eligible for compensation as prescribed in Article 75 of the Law upon land recovery by the State, shall be compensated as follows:
a/ If they have no other residential land or houses in the communes, wards or townships in which the recovered land is located, they shall be compensated with residential land or house. If they have no need for compensation with residential land or house, the State shall compensate them in money;
b/ If they have other residential land or houses in the communes, wards or townships in which the recovered land is located, they shall be compensated in money. For localities with available land funds, compensation in the form of land may be considered.
2. For households and individuals that are required to move upon the State’s recovery of land and land-attached houses, if they are ineligible for compensation with residential land and have no other living place, the State shall offer houses for them to buy or lease-purchase, or allocate them residential land with land use levy.
3. Economic organizations, overseas Vietnamese, and foreign-invested enterprises that are using land for housing projects and are eligible for compensation as prescribed in Article 75 of this Law, shall be compensated for land upon land recovery by the State.
4. The Government shall detail this Article.”
Thus, people will be compensated for land in the cases specified above when the State recovers residential land.
How are land prices at resettlement sites and resettlement housing prices determined according to Vietnamese regulations?
Pursuant Article 86 of the Land Law 2013 stipulates:
“Article 86. Resettlement arrangement for those whose land is recovered and who need to be relocated
1. The organization in charge of compensation and ground clearance which is assigned by the provincial- and district-level People’s Committees to arrange resettlement shall notify those whose land is recovered and who need to be relocated of the tentative resettlement arrangement plan and post up the plan at the offices of the commune-level People’s Committee, at common public places of the residential areas of which land is recovered and at resettlement areas for at least 15 days before competent state agencies approve the plan.
The contents of the notification include the location and area of resettlement land and resettlement houses, design and area of each land lot or apartment, prices of resettlement land and resettlement houses, and the tentative plan for resettlement arrangement for those whose land is recovered.
2. People whose land is recovered shall be resettled in the same place if the resettlement projects are developed or conditions for resettlement arrangement exist in the recovered area. Convenient locations are prioritized for those who hand over the recovered land early or people with meritorious services to the revolution.
The approved plan for resettlement arrangement must be publicized at the office of the commune-level People’s Committee and at common public places of the residential areas of which land is recovered.
3. The specific land price used to calculate land use levy at resettlement areas and the sale price of resettlement houses shall be determined by the provincial-level People’s Committee.
4. In case people having land recovered are resettled while the amount of compensation and support is not enough to buy the minimum resettlement plot, the State shall make up the deficit.
The Government shall specify the minimum resettlement plot in conformity with specific conditions of each region, area and locality.”
Thus, the arrangement of resettlement for people whose land is recovered but has to relocate is done in accordance with the above regulations. The specific land price for calculation of land use levy at the resettlement place and the selling price of resettlement houses will be decided by the People's Committee of the province.
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