What is payment of compensation for resettlement assistance in case of non-fulfillment of land-related financial obligations in Vietnam?
What is payment of compensation for resettlement assistance in case of non-fulfillment of land-related financial obligations in Vietnam? What are expenses for implementation of compensation, support and resettlement in case land expropriation is enforced in Vietnam? What is payment of compensation for the difference after receiving the resettlement house in Vietnam?
What is payment of compensation for resettlement assistance in case of non-fulfillment of land-related financial obligations in Vietnam?
My family owns a plot of land due to some objective conditions without fully paying the land use fee. When the land is recovered by the State, what is payment of compensation for resettlement assistance in case of non-fulfillment of land-related financial obligations? Hope you guys can help me, thank you very much.
Answer: When the State recovers land, it must comply with the compensation principle in Article 74 of the 2013 Land Law as follows:
1. Land users who meet the conditions prescribed in Article 75 of this Law upon land expropriation by the State shall be compensated.
2. The compensation must be made in the form of allocating new land with the same land use purpose with the expropriated land. If there is no land available for compensation, the land users shall receive compensation in money calculated according to the specific land price of the type of expropriated land which is decided by the provincial-level People’s Committee at the time of the recovery decision.
3. The compensation upon land expropriation by the State must be made in a democratic, impartial, equal, public, timely and lawful manner.
In Clause 4, Article 93 of the Land Law 2013, payment of compensation, support and resettlement money:
4. For land users who are entitled to compensation upon land expropriation by the State but have not fulfilled land-related financial obligations as prescribed by law, the amount of these financial obligations must be deducted from the compensation amount and paid back to the state budget.
The above provisions are specifically guided in Clause 1, Article 30 of Decree 47/2014/ND-CP on payment for compensation, support and resettlement shall comply with the following provisions:
1. Deduction of an amount as financial obligation to land use unfulfilled by land users from the amount of compensation as defined in Clause 4, Article 93 of the Law on Land shall be done as follows:
a) An amount as financial obligation to land use unfulfilled consists of land levies, land rent that are still unpaid to the State till the date of expropriation;
b) An amount as financial obligation to land use unfulfilled by users as defined in Point a shall be determined according to the provisions of the law on collection of land levies; land rent and water surface rent.
In case such unpaid amount as financial obligation to land use to the date of issuance of expropriation decision is more than the amount of compensation, households and individuals as land users shall be permitted debits for such difference; after resettlement house has been arranged to households and individuals and the difference after subtracting amount of compensation from amount for allocation of inhabited land and houses in the resettlement area is less than the unpaid amount as financial obligation to land use, households and individuals shall be permitted debits for such difference;
c) Amount of compensation subtracted from unpaid amount as financial obligation include amount of compensation for land and the remaining land-related investment expense (if any). Amounts of compensation for movement, losses caused to properties, suspension of business and production and others shall not be subtracted from unpaid amount as financial obligation to land use.
The above is the content of advice on payment of compensation for resettlement assistance in case of non-fulfillment of land-related financial obligations in Vietnam.
What are expenses for implementation of compensation, support and resettlement in case land expropriation is enforced in Vietnam?
Hello, I have a question, I hope to get your advice, I am learning about the cost of organizing compensation and resettlement support, let me ask n case land expropriation is enforced, what are regulations on expenses for implementation of compensation, support and resettlement? Hope you guys can advise me.
Answer: According to the provisions of Clause 3, Article 31 of Decree 47/2014/ND-CP on expenses for the implementation of compensation, support and resettlement
3. In case expropriation is enforced, the organization charged with the implementation of compensation and site clearance shall make cost estimates for the implementation of enforcement and make submission to regulatory agencies for decision. Expenditures for the implementation of land expropriation enforcement shall be arranged as follows:
a) For land that is allocated or leased out without land levies and land rent, this expenditure shall be included in the investment capital of the project;
b) For land that is expropriated to form a clean land fund for allocation or lease of land via auction, this expenditure shall be advanced from the land development fund;
c) In case investors volunteer to make advances for compensation, support, and resettlement (including expenditures for the implementation of expropriation enforcement), this expenditure shall be subtracted from land levies, land rents.
Above is the content of advice on expenses for implementation of compensation, support and resettlement in case land expropriation is enforced in Vietnam.
What is payment of compensation for the difference after receiving the resettlement house in Vietnam?
My sister's family has a land plot located in the construction planning of the province, after receiving compensation for resettlement housing but the amount of compensation for that difference is more than the value of the house receiving support, what is the state handling for that money? Hope you guys can advise me.
Answer: When the State recovers land, it must comply with the compensation principle in Article 74 of the 2013 Land Law as follows:
1. Land users who meet the conditions prescribed in Article 75 of this Law upon land expropriation by the State shall be compensated.
2. The compensation must be made in the form of allocating new land with the same land use purpose with the expropriated land. If there is no land available for compensation, the land users shall receive compensation in money calculated according to the specific land price of the type of expropriated land which is decided by the provincial-level People’s Committee at the time of the recovery decision.
3. The compensation upon land expropriation by the State must be made in a democratic, impartial, equal, public, timely and lawful manner.
According to the provisions of Clause 2, Article 30 of Decree 47/2014/ND-CP on payment for compensation, support and resettlement according to the following provisions:
2. In case compensation in the form of allocation of new land, inhabited land or houses in the resettlement area results in any difference in value, such difference shall be paid in money as follows:
a) In case amount of compensation for land is more than value of inhabited land, houses in the resettlement area, persons subject to resettlement shall receive such difference.
b) In case amount of compensation for land is less than value of inhabited land, houses in the resettlement area, persons subject to resettlement shall pay such difference except otherwise as regulated in Clause 1, Article 22 hereof.
Thus, in case the compensation for land is more than the house price for resettlement in Vietnam, the persons subject to resettlement will receive such difference.
Best regards!
