24/02/2023 14:36

Policies for compensation, support, and resettlement for land recovery in Vietnam

Policies for compensation, support, and resettlement for land recovery in Vietnam

I have followed the newly issued regulations on amendments to the compensation, support, and resettlement policies for land recovery, but not the details. I hope Lawnet can help me with this. Thanks! _Viet Thang (Vinh Phuc, Vietnam)

Hello, Lawnet would like to answer your questions as follows:

1. Policy framework for compensation, support and resettlement when the State recovers land

According to the provisions of Article 1 of Decree 06/2020/ND-CP amending Article 17 of Decree 47/2014/ND-CP on compensation, assistance and relocation upon land expropriation for execution of investment projects

Thus, if the compensation, assistance and relocation upon land expropriation for execution of an investment project whose investment guidelines are decided by the National Assembly and approved by the Prime Minister results in relocation of an entire residential community, thereby affecting life and socio-economic activities as well as cultural traditions of the community; or a land expropriation project that involves multiple provinces and central-affiliated cities.

The ministry that has the investment project shall take charge and cooperate with the People’s Committee of the province where land is expropriated in building a policy framework for compensation, assistance and relocation, submitting it to the Prime Minister for decision and providing funding for compensation, assistance and relocation in accordance with regulations of law.

- A policy framework for compensation, assistance and relocation contains at least:

+ Area of each type of land to be expropriated;

+ Number of organizations, households and individuals that use land within the area where land is expected to be expropriated;

+ Expected expenditure on compensation and assistance for each type of land to be expropriated; expected price of land as the basis for calculation of compensation for each type of land and position;

+ A relocation plan (expected number of households to be provided with relocation houses/land, place and method of relocation);

+ Expected total amount intended for compensation, assistance and relocation and capital sources for provision of compensation, assistance and relocation land/houses.

+ Expected progress of the compensation, assistance and relocation plan;

+ Expected time and plan for transfer of land.

Thus, compared with the provisions of Decree 47/2014/ND-CP, Decree 06 is more specific about the subject (the number of organizations, households, and individuals using land in the area expected to be recovered) and adds the estimated progress of the implementation of the compensation and resettlement support plan.

Note:

- The policy framework for compensation, assistance and relocation shall contain the abovementioned contents intended for the whole project and disseminated in detail to each local authority (if any).

- If it is required to prepare a centralized relocation area upon land expropriation for execution of an investment project, the area where land is expropriated shall be included in the abovementioned policy framework so that such centralized relocation area is prepared.

- Regarding the investment projects that have had their compensation, assistance and relocation plan approved before the effective date of Decree 06/2020/ND-CP, the compensation, assistance, and relocation houses and land shall continue to be provided as prescribed in Article 17 of the Government’s Decree 47/2014/ND-CP.

- Regarding the investment projects that have not had their compensation, assistance and relocation plan approved before the effective date of Decree 06/2020/ND-CP, the compensation, assistance, and relocation houses and land shall continue to be provided as prescribed in Decree 06/2020/ND-CP.

2. Some judgments on lawsuits against administrative decisions on compensation and support when recovering land

Judgment on complaints about administrative decisions on compensation and support for land recovery No. 183/2021/HC-PT

Judgment on complaints about administrative decisions in the field of compensation for recovered land No. 378/2020/HC-PT

Judgment on complaints about administrative decisions on land recovery, compensation and support No. 02/2022/HC-ST

Judgment on complaints about administrative decisions in the field of land management on compensation, support and resettlement No. 790/2020/HC-PT

Judgment on complaints about administrative decisions on compensation and support when the State recovers land No. 103/2020/HC-PT

Hua Le Huy
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