What are the regulations on support for life stabilization upon land expropriation by the State from August 1, 2024 under newest provisions in Vietnam?
What are the principles of recompense, support, and resettlement upon land expropriation by the State in Vietnam
According to Article 91 of the Land Law 2024, recompense, support, and resettlement upon land expropriation by the State in Vietnam must adhere to the following principles:
(1) recompense, support, and resettlement must ensure democracy, objectivity, fairness, openness, transparency, promptness, and compliance with the law;
For the common good, sustainable development, civilization, and modernity of the community and the locality;
Paying attention to social policy beneficiaries and those directly involved in agricultural production.
(2) Compensation for land is carried out by allocating land with the same use purpose as the reclaimed land. If there is no land available for compensation, then compensation will be in cash at the specific land price at the time the compensation plan is approved as decided by the competent People’s Committee.
If the landowner compensated in land or housing wishes to be compensated in cash, they are entitled to compensation in cash according to their registered request when the compensation plan was established.
For landowners with reclaimed land, if they desire and there is available land or housing fund in the locality, they can be considered for compensation with land of a different purpose or with housing.
(3) Owners of property as defined by civil law who suffer damage to their property are entitled to compensation; owners of production or business establishments who have to cease operations due to land reclamation by the State can be considered for support.
(4) The State is responsible for supporting those with reclaimed land and property owners to provide conditions for them to have jobs, income, and stable living and production.
(5) Resettlement areas must meet the requirements for uniform technical and social infrastructure as per the detailed plan approved by the competent authority; meanwhile, they must be in accordance with the cultural traditions and customs of the community residing in the area where land is reclaimed. Resettlement areas can be arranged for one or multiple projects.
(6) Provincial and district People’s Committees are responsible for organizing and implementing resettlement projects to ensure proactive resettlement arrangements for those whose land is reclaimed.
Approval of compensation, support, resettlement plans, and resettlement arrangement must be completed before issuing the land reclamation decision.
(7) upon land expropriation by the State as prescribed in Articles 78 and 79 of the Land Law 2024 and if the remaining parcel is smaller than the minimum area as prescribed by the provincial People’s Committee in Clause 2, Article 220 of the Land Law 2024, with the consent of the land user, the competent People’s Committee may decide to reclaim the remaining land, compensate, support, and manage this land area according to the law.
The compensation and support costs in this land reclamation case are included in the project's recompense, support, and resettlement budget.
What are the regulations on support for life stabilization upon land expropriation by the State from August 1, 2024 under newest provisions in Vietnam? (Image from the Internet)
Time Limit for payment of recompense, support and resettlement in Vietnam
According to Clause 3, Article 94 of the Land Law 2024, the time limit for payment of recompense, support and resettlement in Vietnam is as follows:
- Within 30 days from the effective date of the decision approving the recompense, support, and resettlement plan, the agency, unit, or organization responsible for compensation must pay the compensation and support to the landowner and property owner.
- In case of delayed payment, the agency, unit, or organization responsible for compensation, when paying the compensation and support, must also pay an extra amount equivalent to the overdue payment interest calculated on the delayed amount and the duration of the delay.
What are the regulations on support for life stabilization upon land expropriation by the State from August 1, 2024 under newest provisions in Vietnam?
According to Article 19 of Decree 88/2024/ND-CP, the regulations on support for life stabilization upon land expropriation by the State in Vietnam are as follows:
(1) Households and individuals currently using agricultural land who qualify for land compensation are eligible for support for life stabilization as follows:
+ Reclaiming from 30% to 70% of the agricultural land area in use is supported for 6 months if not relocating and for 12 months if relocating;
In case of relocation to an area with difficult or exceptionally difficult socio-economic conditions, support is for a maximum of 24 months.
For cases reclaiming over 70% of the agricultural land area in use, support is provided for 12 months if not relocating and for 24 months if relocating;
In case of relocation to an area with difficult or exceptionally difficult socio-economic conditions, support is for a maximum of 36 months;
+ The area of reclaimed agricultural land calculated for support for life stabilization specified in point a of this clause is the area within the scope of the commune, ward, or commune-level town where the land is reclaimed at the time of the decision approving the recompense, support, and resettlement plan and is determined per project requiring land reclamation by the competent People’s Committee, without accumulating the area of previously reclaimed agricultural land from other projects;
+ The support amount per capita specified in points a and b of this clause is calculated in cash equivalent to 30 kg of rice per month at the average local market price at the time of support.
(2) Cases where households and individuals are using land as specified in (1) but less than 30% of the agricultural land area in use is reclaimed;
Households and individuals using land that do not qualify for land compensation or are using contracted land for agriculture, forestry, aquaculture, or salt production from state-owned farms, forestry stations
Or agricultural companies transformed from state-owned farms, agricultural production collectives, agricultural cooperatives with land use contracts, the provincial People’s Committee shall decide the support level, duration, and periodic support payment as appropriate for each case but not exceeding the support levels specified in (1).
Note:
Decree 88/2024/ND-CP and the Land Law 2024 take effect in Vietnam from August 1, 2024.
Except for Article 190 of the Land Law 2024 and Article 248 of the Land Law 2024 which take effect in Vietnam from April 1, 2024.
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