Support for living and production stabilization upon expropriation to be implemented effectively by the Government of Vietnam?
- Who will be supported for living and production stabilization upon land expropriation by the Government of Vietnam?
- What are the conditions for receipt of support for living and production stabilization upon land expropriation by the Government of Vietnam?
- What is the support for living and production stabilization upon expropriation by the Government of Vietnam?
Who will be supported for living and production stabilization upon land expropriation by the Government of Vietnam?
Pursuant to Clause 1, Article 19 of Decree 47/2014/ND-CP (amended by Clause 5, Article 4 of Decree 01/2017/ND-CP) as follows:
"Article 19. Support for living and production stabilization upon expropriation by the State
Providing support for living and production stabilization upon expropriation by the Government of Vietnam as defined in Point a, Clause 2, Article 83 of the Land Law shall be done as follows:
1. Subjects to receive support include:
a) Households and individuals to whom the government allocates agricultural lands upon the implementation of the following decrees: The government's Decree No. 64/CP dated September 27, 1993 on the regulation of allocation of agricultural lands to households and individuals that use the lands permanently for agricultural production; the government’s Decree No. 85/1999/ND-CP dated August 28, 1999 on amendments to certain articles of the regulation of allocation of agricultural lands to households and individuals that use the lands permanently for agricultural production and on the supplemented allocation of salt-making lands to households and individuals that use the lands permanently; the government’s Decree No. 02/CP dated January 15, 1994 on the regulation of allocation of forestlands to organizations, households and individuals that use the lands permanently for forestry; the government’s Decree No. 163/1999/ND0CP dated November 16, 1999 on the allocation and lease of forestlands to organizations, households and individuals that use the lands permanently for forestry; and the government’s Decree No. 181/2004/ND-CP dated October 29, 2004 on the implementation of the Land Law and Section 1, Article 54 of the Land Law;
…
g) Business organizations, households and individuals engaged in business activities, foreign-invested companies, whose business operations cease upon the government's land expropriation, shall receive a support for stabilizing their business.”
Accordingly, those whose land is expropriated by the State will be supported for living and production stabilization according to the above regulations.
Support for living and production stabilization upon expropriation to be implemented effectively by the Government of Vietnam? (Image from the internet)
What are the conditions for receipt of support for living and production stabilization upon land expropriation by the Government of Vietnam?
Pursuant to Clause 2, Article 19 of Decree 47/2014/ND-CP (amended by Clause 5, Article 4 of Decree 01/2017/ND-CP) as follows:
“Article 19. Support for living and production stabilization upon expropriation by the State
Providing support for living and production stabilization upon expropriation by the State as defined in Point a, Clause 2, Article 83 of the Law on Land shall be done as follows:
…
2. Conditions for receipt of support for living and production stabilization:
a) Households and individuals, economic organizations, foreign-invested enterprises who currently use the land, being subjects as defined in Clause 1 of this Article, already granted the Certificate of land use right or eligible for issuance of Certificate of land use right, ownership of land-linked houses and properties as defined in Articles 100, 101 and 102 of the Law on Land except otherwise as regulated in Point b of this Clause;
b) Households and individuals who currently use the land allocated from state-run farms, plantations for agricultural, forestry and aquaculture production (excluding specialized forestland, protective forestland) as defined in Point d, Clause 1 of this Article and have a contract of land allocation.”
Accordingly, in order to receive support for living and production stabilization upon expropriation by the Government of Vietnam, the person whose land is expropriated must meet the conditions specified above.
What is the support for living and production stabilization upon expropriation by the Government of Vietnam?
Pursuant to subsection 2, Section IV of Resolution 18-NQ/TW in 2022 as follows:
“IV- TASKS, SOLUTIONS
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2. Completing institutions and policies on land management and use in sync with the institutions for developing a socialist-oriented market economy
…
2.3. Completing regulations on compensation, support, resettlement and land expropriation 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 expropriation, resettlement must be arranged, the resettlement arrangement must be completed before the land is expropriated. The compensation, support and resettlement must be one step ahead, ensuring publicity, transparency and harmonization of the interests of the State, the person whose land is expropriated and the investor in accordance with the Constitution and the law. the law; there are specific regulations on compensation, support and resettlement so that after land is expropriated, people whose land is expropriated must have a place to live and secure their lives by or better than the old place. Effectively implement vocational training, create jobs, reorganize production, and stabilize life for people whose land is expropriated. 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 expropriation, specific conditions and criteria for land expropriation 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. To perfect the organization, apparatus, operation mechanism and financial mechanism of land fund development organizations, to ensure streamlined, efficient operation, and sufficient capacity to create, manage and exploit land funds. well perform the tasks of compensation, support and resettlement when the State expropriates 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 expropriated to be allocated land or buy houses on the land. The expropriated 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 development projects, urban embellishment 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 is used late. Resolutely expropriate 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 capital and assets."
Accordingly, in the near future, when the Government of Vietnam expropriates land, it must effectively carry out vocational training activities, create jobs, reorganize production, and stabilize the lives of people.
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