This is a notable content of the Decree No. 06/2020/NĐ-CP of Vietnam’s Government on amendments to Article 17 of Decree No. 47/2014/NĐ-CP on compensation, assistance and relocation upon land expropriation by the State.
Article table of contents
According to Article 1 of the Decree No. 06/2020/NĐ-CP of Vietnam’s Government: “The ministry that has the investment project shall take charge and cooperate with the People’s Committee of the province where land is expropriated in building a policy framework for compensation, assistance and relocation, submitting it to the Prime Minister for decision and providing funding for compensation, assistance and relocation in accordance with regulations of law.”
A policy framework for compensation, assistance and relocation contains at least:
- Area of each type of land to be expropriated;
- Number of organizations, households and individuals that use land within the area where land is expected to be expropriated;
- Expected expenditure on compensation and assistance for each type of land to be expropriated; expected price of land as the basis for calculation of compensation for each type of land and position;
- A relocation plan (expected number of households to be provided with relocation houses/land, place and method of relocation);
- Expected total amount intended for compensation, assistance and relocation and capital sources for provision of compensation, assistance and relocation of land/houses.
- Expected progress of the compensation, assistance and relocation plan; (compared to previous provision of Decree No. 47/2014/NĐ-CP, policy framework for compensation, assistance and relocation is not required to have this content)
- Expected time and plan for transfer of land.
Besides, the Decree No. 06/2020/NĐ-CP of Vietnam’s Government also stipulates that the policy framework for compensation, assistance and relocation shall contain the above mentioned contents intended for the whole project and disseminated in detail to each local authority (if any). If it is required to prepare a centralized relocation area upon land expropriation for execution of an investment project, the area where land is expropriated shall be included in the abovementioned policy framework so that such centralized relocation area is prepared.
Note:
- Regarding the investment projects that have had their compensation, assistance and relocation plan approved before February 20, 2020, the compensation, assistance, and relocation houses and land shall continue to be provided as prescribed in Article 17 of the Decree No. 47/2014/NĐ-CP.
- Regarding the investment projects that have not had their compensation, assistance and relocation plan approved before February 20, 2020, the compensation, assistance, and relocation houses and land shall continue to be provided as prescribed in Decree No. 06/2020/NĐ-CP.
Le Hai
- Key word:
- Decree No. 06/2020/NĐ-CP
