Recompense, support and resettlement upon land expropriation by the State in special cases in Vietnam from August 1, 2024

Recompense, support and resettlement upon land expropriation by the State in special cases in Vietnam from August 1, 2024 (Image from the internet)

On July 15, 2024, Hanoi issued Decree 88/2024/ND-CP regulating recompense, support and resettlement upon land expropriation by the State in Vietnam.

Recompense, support and resettlement upon land expropriation by the State in special cases from August 1, 2024

To be specific, in Article 7 Decree 88/2024/ND-CP regulates recompense, support and resettlement upon land expropriation by the State in special cases in Vietnam from August 1, 2024 as follows:

- For investment projects stipulated in Clause 1, Article 92 of the Land Law 2024 that require specific policies on compensation, support, and resettlement, based on the investment project approved by the National Assembly or approved for investment policy by the Prime Minister, the Provincial People's Committee shall consider and submit to the same-level People's Council to determine specific policies on compensation, support, and resettlement suitable for each project and the actual conditions of the locality.

- When the State recovers the land of the armed forces unit currently using the land as prescribed in point b, clause 3, Article 92 of the Land Law 2024, a new location or land position will be arranged in accordance with the defense land use planning, security land use planning, or as prescribed in clause 2, Article 84 of the Land Law 2024.

The armed forces unit suffering damage to assets due to state management and use, needing to relocate to a new facility, will be compensated for assets and allowed to use compensation funds to invest in the new facility according to the project and tasks approved by the competent authority.

- In cases where land is recovered due to potential threats to human life or an inability to continue use as stipulated in clause 3, Article 82 of the Land Law 2024, households and individuals will be compensated as stipulated in Articles 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of Decree 88/2024/ND-CP.

- Compensation and support expenses in cases specified in clause 3, Article 7 of Decree 88/2024/ND-CP are implemented as follows:

+ The state budget pays for the recovery of homestead land at risk of landslides, sinkholes, or affected by other natural disasters threatening human life; other lands affected by landslides, sinkholes, or not usable due to natural disasters as prescribed in point b, clause 3, Article 82 of the Land Law 2024;

+ Organizations or individuals causing environmental pollution shall pay for the recovery of homestead land in polluted areas threatening human life, other lands in polluted areas unable to be used for their designated purpose. If the organization has been dissolved or declared bankrupt, compensation and support funds will be sourced from the state budget.

Principles of recompense, support and resettlement upon land expropriation by the State in Vietnam

The principles of recompense, support and resettlement upon land expropriation by the State are stipulated in Article 91 of the Land Law 2024 as follows:

- Recompense, support and resettlement upon land expropriation by the State must ensure democracy, objectivity, fairness, publicity, transparency, promptness, and conformity to the law; for the common interest, sustainable development, civilization, and modernization of the community and locality; with attention to social policy beneficiaries and those directly producing agriculture.

- Compensation for land is executed by allocating land with the same usage purpose as the recovered land; if there is no land for compensation, monetary compensation will be provided based on the specific land price of the recovered land decided by the competent authority of the People's Committee at the time of approving the compensation, support, and resettlement plan.

In cases where individuals with recovered land prefer monetary compensation rather than land, or housing compensation, they will be compensated in cash as per their registered preference upon establishing the compensation, support, and resettlement plan.

For those with recovered land, if they have demand and the locality has sufficient land and housing resources, consideration for compensation with land or housing of a different purpose than the recovered land may be provided.

- Owners suffering asset damage as per civil law due to State land recovery will be compensated for damages; production and business establishments forced to suspend operations due to land recovery will be considered for support.

- The State is responsible for supporting individuals with recovered land, asset owners, to create conditions for employment, income stability, and livelihood and production stability.

- Resettlement areas must complete technical infrastructure and synchronous social infrastructure conditions according to detailed planning approved by the competent authority; simultaneously must be suitable for the cultural traditions, customs, and practices of the community where land is recovered. Resettlement areas can be arranged for one or several projects.

- The Provincial People's Committee and District People's Committee are responsible for organizing the establishment and implementation of resettlement projects to ensure proactive resettlement allocation for individuals with recovered land. Approval of the compensation, support, and resettlement plan and resettlement allocation must be completed before the land recovery decision.

- When the State recovers land as stipulated in Articles 78 and 79 of the Land Law 2024 that leaves the remaining area of the parcel smaller than the minimum area stipulated by the Provincial People's Committee under clause 2, Article 220 of the Land Law 2024, if the land user agrees to recover the entire land, the competent authority People's Committee shall decide on the land recovery and execute compensation, support, and management of this land as stipulated by law.

The expenses for compensation, support in cases of land recovery stipulated in this clause will be accounted for in the expenses of compensation, support, and resettlement of the investment project.

Nguyen Ngoc Que Anh

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