Principles for Developing Compensation and Resettlement Plans According to the Housing Law 2023? Which Authority Approves the Compensation and Resettlement Plan?
Principles for Developing the Compensation and Resettlement Plan according to the Housing Law 2023
Based on the provisions of Article 70 of the Housing Law 2023 as follows:
Principles for Developing Compensation and Resettlement Plans
1. The development and approval of the compensation and resettlement plan for the implementation of investment projects to renovate or rebuild condominiums shall only be carried out after the detailed planning has been approved.
2. In cases where projects specified in Clause 1, Article 68 of this Law are implemented, the compensation and resettlement plan shall be implemented in accordance with the law on public investment; for projects specified in Clause 3, Article 68 of this Law, the provincial People's Committee shall assign an organization to develop a compensation and resettlement plan and submit it to the provincial People's Committee for approval.
3. For the selection of investors for the renovation or rebuilding of condominiums not specified in Clause 2 of this Article, real estate business enterprises participating in the project to renovate or rebuild condominiums shall develop a compensation and resettlement plan for condominium owners to decide.
4. Compensation, support, resettlement and temporary accommodation arrangements must be transparent, objective, and comply with the approved compensation and resettlement plan. The area of the resettlement apartment must not be less than the area of the apartment according to the national technical standards for condominiums. The cost of organizing compensation, support, resettlement and temporary accommodation arrangements is determined in the total project investment.
5. For state-owned housing that is renovated or rebuilt, tenants shall be arranged to rent after the condominium is rebuilt, except if they do not wish to rent. In the case of mixed ownership condominiums, state representatives for public property housing can negotiate with the project investors about compensation in cash or housing.
6. The arrangement of housing for resettlement is carried out through contracts for the sale, sale lease, or lease of housing for resettlement as stipulated by this Law.
7. The form of compensation for condominium owners is clearly stated in the compensation and resettlement plan according to the following provisions:
a) For condominiums specified in Clause 10, Article 2 of this Law, condominium owners can choose compensation in the form of resettlement housing or cash equivalent to the resettlement housing value if they do not need resettlement housing;
b) For condominiums not specified in Clause 10, Article 2 of this Law, condominium owners who do not contribute funds to renovate or rebuild the condominium shall be compensated for the land use rights of the condominium proportionate to the land use ratio determined by land law at the time of developing the compensation and resettlement plan and must transfer the land use rights to the project investor; in cases specified at Point d, Clause 2, Article 59 of this Law, condominium owners shall be compensated for land use rights and the remaining value of the apartment as prescribed by the Government of Vietnam.
8. For other areas not condominiums but within the condominium area for renovation or rebuilding, owners shall be compensated, supported, resettled, and provided temporary accommodation as prescribed by the Government of Vietnam.
Thus, the development of a compensation and resettlement plan shall follow the above principles.
Principles for Developing Compensation and Resettlement Plans according to the Housing Law 2023? Which agency approves the compensation and resettlement plan? (Image from the Internet)
Which agency approves the compensation and resettlement plan?
Based on the provisions of Clause 2, Article 71 of the Housing Law 2023 as follows:
Content and Authority to Approve Compensation and Resettlement Plans
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2. The provincial People's Committee approves the compensation and resettlement plan within its authority and inspects and urges project investors to comply with the approved compensation and resettlement plan.
Thus, according to the above regulation, the authority to approve the compensation and resettlement plan belongs to the provincial People's Committee.
When does the Housing Law 2023 take effect?
Based on the provisions of Article 197 of the Housing Law 2023 on the effective date as follows:
Effective Date
1. This Law takes effect from January 1, 2025.
2. The Housing Law No. 65/2014/QH13, amended and supplemented by Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14, Law No. 64/2020/QH14 and Law No. 03/2022/QH15 ceases to be effective from the date this Law takes effect, except for the provisions at point b, Clause 1, points a, c, d, e, and g, Clause 2, Clause 3, points a, b, c, d, e of Clause 5, Article 198 of this Law.
3. State-owned housing stipulated in legal documents issued before this Law takes effect is considered public property housing
Thus, the Housing Law 2023 takes effect from January 1, 2025.
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