Regulations on resettlement upon land expropriation by the State in Vietnam from August 1, 2024

Regulations on resettlement upon land expropriation by the State in Vietnam from August 1, 2024 (Image from the internet)

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

Regulations on resettlement upon land expropriation by the State in Vietnam from August 1, 2024

Based on Article 24 of Decree 88/2024/ND-CP on resettlement in Vietnam:

- The minimum resettlement entitlement specified in Clause 8 Article 111 of Land Law 2024 shall be implemented as follows:

+ The minimum resettlement entitlement is stipulated as homestead land, a house, or a house or money to suit the choice of the person arranged for resettlement;

+ In case the minimum resettlement entitlement is specified as homestead land or a house, the area of resettlement homestead land shall not be less than the minimum area as prescribed by the Provincial People's Committee under Clause 2 Article 220 of Land Law 2024 and the area of the resettlement house shall not be less than the minimum apartment area as prescribed by the law on housing.

In case the minimum resettlement entitlement is specified as a house, the area of the resettlement house shall not be less than the minimum apartment area as prescribed by the law on housing.

In case the minimum resettlement entitlement is calculated in money, the amount for the minimum resettlement entitlement shall be equivalent to the value of a minimum resettlement entitlement in homestead land or a house at the resettlement location;

+ Based on the provisions at point a and point b of this clause and the specific situation of the locality, the Provincial People’s Committee shall stipulate the minimum resettlement entitlement in homestead land, a house, housing, and money.

- Those currently occupying housing under state ownership situated within the land recovery area who do not have any other accommodation within the district where the land is recovered shall be supported with rental housing at the resettlement site; the rental rate shall be the rental rate of state-owned housing; the rental house at the resettlement site shall be sold by the State to the renting person according to housing laws on the sale of state-owned houses to renting persons; in case the person currently occupying the recovered housing has a demand and the locality has a fund of homestead land, resettlement housing, commercial housing, and social housing, they shall be considered for allocation of homestead land with a land levy, sale of a house; in the case of self-accommodation, they shall receive financial support.

The Provincial People’s Committee shall stipulate the support for house rent, allocation of homestead land, sale of a house, and financial support for self-accommodation as prescribed in this clause.

- For projects, purposes of national defense, security, transportation, irrigation, technical infrastructure, and social infrastructure which require the recovery of homestead land in a parcel with a house where the affected persons request for on-site resettlement through land swapping at the back part of the remaining agricultural land within the parcel after recovery, the resettlement arrangement in this case shall be implemented as follows:

+ On-site resettlement shall be arranged by allowing the changing of land use purposes from agricultural land to homestead land within the homestead land allocation limit specified in Clause 2 Article 195 and Clause 2 Article 196 of Land Law 2024;

+ Land levy exemption when changing the land use purpose from agricultural land to homestead land when arranging resettlement as prescribed at point a of this clause by the area of the homestead land recovered if the person agrees with the compensation plan for agricultural land of the recovered area.

- Concerning the land fund and housing fund for resettlement arrangement, the following regulations apply:

+ The unit or organization responsible for compensation, support, and resettlement tasks shall implement resettlement projects or acquire the right to use homestead land, commercial housing, or social housing to arrange resettlement for cases specified in Article 111 of Land Law 2024;

+ The funding for implementing resettlement projects or acquiring the right to use homestead land, commercial housing, or social housing as specified in point a of this clause shall be advanced from the state budget, land development fund, development investment fund, other entrusted financial funds, or voluntarily advanced by the investor to compensate, support, and resettle;

+ The preparation, appraisal, approval, acceptance, and settlement of resettlement projects; the appraisal and approval of construction designs of resettlement projects shall be carried out as per the housing laws, construction laws, public investment laws, and other relevant laws;

+ The purchase of commercial housing and social housing for resettlement purposes shall comply with the housing laws and other relevant laws.

For detailed information, refer to Decree 88/2024/ND-CP which comes into effect in Vietnam from August 1, 2024.

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