Resettlement implementation upon land expropriation by the State in Quang Ninh Province of Vietnam from October 15, 2024

Resettlement implementation upon land expropriation by the State in Quang Ninh Province of Vietnam from October 15, 2024 (Image from Internet)

Resettlement implementation upon land expropriation by the State in Quang Ninh Province of Vietnam from October 15, 2024

According to Clause 8, Article 111 of the Land Law, if any holder of expropriated homestead land in Vietnam has to relocate and is given resettlement homestead land or housing as recompense but financial recompense for the homestead land is not sufficient for a minimum resettlement rate, the holder will be provided with financial support to be eligible for a minimum resettlement rate by the State. The resettlement implementation in Quang Ninh Province of Vietnam is stipulated in Article 14 of the Regulations attached to Decision 40/2024/QD-UBND as follows:

(1) The minimum resettlement unit as prescribed in Clause 8, Article 111 of the Land Law, point c, Clause 1, Article 24 of Decree 88/2024/ND-CP is implemented as follows:

- For a minimum resettlement unit calculated by homestead land, the land area for a minimum resettlement unit is 60 m².

- For a minimum resettlement unit calculated by housing, the housing area for a minimum resettlement unit is 30 m².

- For a minimum resettlement unit calculated by money, the amount is equivalent to the value of a minimum resettlement unit by homestead land and housing as stipulated above.

(2) Support for renting housing, assigning homestead land, selling houses, financial support for self-arranging accommodation for those currently using state-owned housing within the land recovery zone that has to be demolished without other accommodation within the district where the land is recovered:

- Based on the capability and conditions of the rental housing fund, resettlement homestead land fund, the resettlement implementation plan, the district-level People's Committee decides on renting housing, assigning homestead land, selling houses to those using state-owned housing that is demolished.

- In cases of financial support for self-arranging new accommodation, support amounts to 60% of the value of the land and 60% of the value of the house being rented.

(3) Support for renting housing in cases where individuals are subject to land recovery for urban area development projects as stipulated in Clause 7, Article 111 of the Land Law:

Individuals whose homestead land is recovered for urban area development projects are compensated with homestead land and on-site housing; during the waiting period for resettlement, they are accommodated in temporary housing. If renting housing, they receive rental support as follows:

- Monthly support rates for 01 household are:

- The number of people considered for rental support is those registered as permanent residents in the household at the time of the State's land recovery notice, as confirmed by the commune-level People’s Committee.

- The rental support period is calculated from the day the land is handed over by the individual subject to recovery to the organization responsible for compensation and site clearance until the district-level People's Committee allocates homestead land on-site.

(4) Bonuses for individuals with land recovered who hand over the site ahead of schedule as stipulated in Clause 7, Article 111 of the Land Law, enacted as follows:

- No housing or building structures on the land: 10,000,000 VND per household.

- Partial demolition of housing and socio-economic infrastructure, residential or business premises: 20,000,000 VND per household.

- Full demolition of housing and socio-economic infrastructure, full residential or business premises: 30,000,000 VND per household.

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