Changing regulations on temporary residence support areas in Ho Chi Minh City from June 20, 2022?

Hello Advisory Board, I need help with the following issue: My family lives in Ho Chi Minh City. Recently, my family received a decision to withdraw the land we live in. So how will the level of temporary residence support for my family be determined?

Changes in regulations on areas entitled to support for temporary residence expenses in Ho Chi Minh City from June 20, 2022?

Currently, the level of support for temporary residence costs in Ho Chi Minh City is specified in Article 3 of Decision 10/2020/QD-UBND of the People's Committee of Ho Chi Minh City as follows:

“Article 3. Support for temporary residence expenses
The level of support for renting temporary housing costs is applied according to the area where the house or residential land is recovered, specifically as follows:
1. Area 1, including: District 1, District 3, District 5.
a) For households with 04 members or less: VND 8,000,000/household/month;
b) For households with 05 members or more: 2,000,000 VND/person/month, but the total support level does not exceed 24,000,000 VND/household/month.
2. Area 2, including: District 4, District 6, District 10, District 11, Binh Thanh District, Phu Nhuan District, Tan Binh District, and Go Vap District.
a) For households with 04 members or less: VND 7,000,000/household/month;
b) For households with 05 members or more: 1,750,000 VND/person/month, but the total support level does not exceed 21,000,000 VND/household/month.
3. Area 3, including: District 2, District 7, District 8, District 9, District 12, Thu Duc District, Binh Tan District, Tan Phu District.
a) For households with 04 members or less: VND 6,000,000/household/month;
b) For households with 05 members or more: 1,500,000 VND/person/month, but the total support level does not exceed 18,000,000 VND/household/month.
4. Area 4, including: Binh Chanh district, Cu Chi district, Hoc Mon district, Can Gio district and Nha Be district.
a) For households with 04 members or less: 5,000,000 VND/household/month;
b) For households with 05 members or more: 1,250,000 VND/person/month, but the total support level does not exceed 15,000,000 VND/household/month.”
On December 9, 2020, the National Assembly Standing Committee issued Resolution 1111/NQ-UBTVQH14 in 2020 with the content of establishing Thu Duc City on the basis of merging all of Districts 2, 9 and Thu Duc districts of the city. Ho Chi Minh City.

Accordingly, on June 9, 2022, the People's Committee of Ho Chi Minh City decided to amend the content of support for temporary residence expenses in Clause 3, Article 1 of Decision 18/2022/QD-UBND as follows: :

“Article 1. Amendment and replacement of some phrases of Decision No. 10/2020/QD-UBND dated April 10, 2020 of the City People's Committee stipulating the level of support for rental costs of temporary residence for households and individuals while waiting for the arrangement of houses and residential land for resettlement in Ho Chi Minh City. 1. To amend Clause 3, Article 3 as follows: “3. Area 3, including: People's Committee of Thu Duc City, District 7, District 8, District 12, Binh Tan District, Tan Phu District. - For households with 04 members or less: VND 6,000,000/household/month; - For households with 05 members or more: 1,500,000 VND/person/month, but the total support level does not exceed 18,000,000 VND/household/month.” Thus, in the coming time, the support for temporary residence costs in Ho Chi Minh City will follow the above mentioned contents.

Từ ngày 20/6/2022 sẽ thay đổi quy định về khu vực hỗ trợ tạm cư trên địa bàn Thành phố Hồ Chí Minh?

From June 20, 2022, will the regulations on temporary residence support areas in Ho Chi Minh City be changed?

Which cases will be supported for temporary residence costs in Ho Chi Minh City?

Pursuant to Article 2 of Decision 10/2020/QD-UBND of the People's Committee of Ho Chi Minh City stipulating as follows:

“Article 2. Subjects and conditions for calculating temporary residence expense support
1. Households and individuals subject to urgent relocation from severely damaged apartment buildings that are at high risk of collapse but do not have a fund for temporary residence or resettlement to arrange;
2. Cases in which residential land is recovered in areas with environmental pollution that pose a threat to human life, residential land at risk of landslides, subsidence, or are affected by other threatening natural disasters. human life without funds for temporary housing and no fund for resettlement houses to arrange.
3. In case a person has a part of his/her house recovered, but the remaining structure outside the land acquisition boundary is determined not to meet technical standards, he/she must build a new house on the remaining land area outside the collection boundary. project land acquisition.
4. In case people whose residential land is recovered are arranged to be resettled on the spot (for housing and residential construction projects) or in cases where their residential land is recovered and are resettled, they need to be resettled. handing over urgent ground for project implementation but no temporary residence.
5. The conditions for calculating the cost of renting temporary housing are households and individuals who have permanent residence or temporary residence at the location where the house is cleared.”

Thus, those who fall into the cases and meet the conditions as prescribed above will be supported to temporarily reside in Ho Chi Minh City.

How long does it take to support temporary residence in Ho Chi Minh City?

Pursuant to Article 4 of Decision 10/2020/QD-UBND of the People's Committee of Ho Chi Minh City stipulating as follows:

“Article 4. Temporary residence support period
1. In case households and individuals are subject to urgent relocation from severely damaged apartment buildings that are at high risk of collapse: the duration of temporary residence support according to the relocation plan, temporary residence arrangement shall be provided by the Department of Construction. make a proposal and submit it to the City People's Committee for approval according to the provisions of Article 11 of Decree No. 101/2015/ND-CP dated October 20, 2015 of the Government on renovation and reconstruction of apartment buildings.
2. In case households and individuals have their houses and residential land recovered pending the arrangement of houses and residential land for resettlement
a) In case of handing over the apartment building or resettlement land after the time of handing over the cleared ground:
The level of temporary residence support is applied during the temporary residence period, from the time the ground handover record is issued until the receipt of the apartment handover minutes or the receipt of the resettlement land.
In case they are resettled with residential land, they will be supported with an additional 06 months of temporary accommodation while waiting for the completion of house construction, counting from the date of signing and receiving the minutes of receipt of the resettlement residential land;
b) In case of handing over the apartment building or resettlement land before the time when the household or individual hands over the ground to be cleared:
In case of handing over the apartment building before handing over the ground or handing over the resettlement land before 06 months (up to the time of handing over the cleared ground), temporary residence support will not be considered.
In case households and individuals hand over the cleared ground before 06 months from the date of receiving the resettlement land, they will be supported with temporary settlement money from the date of handing over the ground to the milestone of 06 months (time waiting to build a house).
For example: Mr. Nguyen Van A is allocated land for resettlement, but after handing over the site 1 month later, he will be supported with 05 months of temporary settlement (time of house construction); 2 months after handing over the ground, they will be supported for 4 months with temporary residence (time of house construction).
3. In case a house or residential land is partially recovered but the rest of the structure must be dismantled to build a new house.
a) The Compensation Council of the project shall, based on the area and scale of the new house construction work, consider and decide to support rent for temporary housing, but the support period must not exceed 6 months.
b) In case households or individuals cannot rebuild new houses because of the project's construction reasons, the construction unit is responsible for paying rent support for the period from the date of discussion. handover the site until the date when the construction no longer hinders the construction of new houses of households and individuals. After this rental support period, households and individuals are also entitled to the additional support specified at Point a of this Clause.”

Thus, the implementation time of temporary residence support in Ho Chi Minh City shall comply with the above regulations.

Decision 18/2022/QD-UBND of the People's Committee of Ho Chi Minh City takes effect from June 20, 2022.

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