Decree 88/2024/ND-CP on Compensation, Support, and Resettlement When the State Recovers Land Released?
Has Decree 88/2024/ND-CP on compensation, support, and resettlement when the State recovers land been updated for 2024?
On July 15, 2024, the Government of Vietnam issued Decree 88/2024/ND-CP stipulating compensation, support, and resettlement when the State recovers land.
The scope of Decree 88/2024/ND-CP regulating compensation, support, and resettlement when the State recovers land includes:
- Decree 88/2024/ND-CP provides detailed regulations and guidance on the enforcement of provisions on compensation, support, and resettlement when the State recovers land as follows:
+ Clause 3 Article 87 of the Land Law 2024 on the development, appraisal, and approval of compensation, support, and resettlement plans.
+ Article 92 of the Land Law 2024 on compensation, support, and resettlement for special cases.
+ Article 94 of the Land Law 2024 on expenses and payment for compensation, support, and resettlement.
+ Article 95 of the Land Law 2024 on compensation for land when the State recovers land for national defense, security purposes; socio-economic development for national and public benefit.
+ Article 96 of the Land Law 2024 on compensation for agricultural land when the State recovers land from households and individuals.
+ Article 98 of the Land Law 2024 on compensation for residential land when the State recovers it.
+ Article 99 of the Land Law 2024 on compensation for non-agricultural land, other than residential land, when the State recovers it from households and individuals.
+ Article 100 of the Land Law 2024 on compensation for non-agricultural land, other than residential land, when the State recovers it from economic organizations, public service providers, residential communities, religious organizations, affiliated religious organizations, overseas Vietnamese, foreign diplomatic organizations, and foreign-invested economic organizations.
+ Article 102 of the Land Law 2024 on compensation for damage to houses and structures attached to the land when the State recovers land.
+ Article 106 of the Land Law 2024 on compensation for damage to land within the protection corridor of safety zones, protected areas, and safety belts during construction.
+ Article 107 of the Land Law 2024 on compensation for remaining investment costs in the land when the State recovers it for national defense, security purposes; socio-economic development for national and public benefit.
+ Article 108 of the Land Law 2024 on support when the State recovers land.
+ Article 109 of the Land Law 2024 on training, career transition, and job search support for households and individuals when the State recovers land.
+ Article 111 of the Land Law 2024 on resettlement arrangements.
The compensation, support, and resettlement regulations also apply when implementing investment projects to renovate and rebuild apartment buildings in accordance with housing law.
Has Decree 88/2024/ND-CP on compensation, support, and resettlement when the State recovers land been updated for 2024? (Image from Internet)
What does the compensation, support, and resettlement plan include?
According to Clause 1 Article 3 of Decree 88/2024/ND-CP, the content of the compensation, support, and resettlement plan includes:
- Total reclaimed land area (as compiled in detailed plans in Clause 2 of this Article), area of each type of land reclaimed.
- Total number of people with reclaimed land.
- Training, career transition, and job search plan (if any).
- Resettlement arrangement plan: number of households and individuals resettled, resettlement areas, resettlement area locations, forms of resettlement (by land, by housing) (if any).
- Plan for relocating graves within the reclaimed land area (if any).
- Plan for relocating infrastructure within the reclaimed land area (if any).
- Compensation, support, and resettlement costs including: compensation, support, resettlement costs when the State reclaims land; costs ensuring the organization of compensation, support, resettlement implementation, and other costs.
- Implementation progress of the compensation, support, and resettlement plan.
- Detailed compensation, support, and resettlement plan for each person with reclaimed land, asset owner.
- Other contents related to compensation, support, and resettlement (if any).
How is the latest support for stabilizing life when the State recovers land regulated?
According to Article 19 of Decree 88/2024/ND-CP, support for stabilizing life when the State recovers land is regulated as follows:
- Households and individuals using agricultural land, if eligible for land compensation, will receive life stabilization support as follows:
+ If 30% to 70% of agricultural land is reclaimed, support will be provided for 6 months if not relocated and for 12 months if relocated. If relocation is to an area with difficult or extremely difficult socio-economic conditions, support will be provided for up to 24 months.
In the case of reclaiming more than 70% of agricultural land, support will be provided for 12 months if not relocated and for 24 months if relocated. If relocation is to an area with difficult or extremely difficult socio-economic conditions, support will be provided for up to 36 months.+ The area of agricultural land reclaimed to calculate life stabilization support under point a of this clause is the area within the commune, ward, or commune-level town where the land is reclaimed at the time of the decision approving the compensation, support, and resettlement plan; it is determined per project requiring land reclamation by the competent People’s Committee, excluding previous land reclamation projects.
+ The support level per person under points a and b of this clause is calculated in money equivalent to 30 kg of rice per month based on the average local price at the time of support.
- If households and individuals under the above regulation have less than 30% of agricultural land reclaimed; households and individuals using land not eligible for land compensation, or using contracted land for agriculture, forestry, aquaculture, or salt production from state-owned farms or forestry enterprises, converted from state-owned plantations, agricultural production groups, agricultural cooperatives, with contracted land use, the provincial People’s Committee will decide support levels, duration, and periodic payment suitable for each specific case but not exceeding the support levels regulated above.
See more updated articles: >>>
What is an electronic ID? How many electronic ID cards can a citizen receive?
What is the monthly allowance for non-specialized personnel at the commune level from July 01, 2024?
