Amendments to regulations on compensation, support, and resettlement upon land recovery in Vietnam (Proposal)

According to draft revised Land Law , a number of regulations on compensation, support and resettlement when the State recovers land in Vietnam are amended and supplemented.

Amendments to regulations on compensation, support, and resettlement upon land recovery in Vietnam (Proposal)(Source: Internet)

In order to: harmonize interests between the State, land users, and investors; ensure sustainable and better livelihoods for people whose land is acquired; overcome the status of complaints and delays in site clearance for investment projects that inherit the provisions of the Land Law 2013; At the same time, there are some amendments and supplements to the following contents:

- Amend and supplemente principles in the direction of diversifying forms of compensation for land for households and individuals whose land is recovered to suit the needs of land users and specific local conditions in Vietnam.

The approval of compensation, support, and resettlement plans must be made before a decision on land recovery is made in Clauses 2, 4, and Article 79 of the draft Land Law (amended).

- Additional support for land lease not through auction of land use rights to continue production and business for the case of the recovery of land for non-agricultural production establishments of current users whose land is leased by the State of Vietnam with an annual rental payment at Point d, Clause 2, Article 94 of the draft Land Law (amended).

- Supplemente the provisions at Points d, e, Clauses 2 and 3, Article 94 of the draft Land Law, amending regulations on setting up a Support Fund to support the elderly, disabled people, and children subject to social protection who are members of households or individuals who are using agricultural land or residential land in combination with business and services but must relocate when the State recovers the land;

Supplemente regulations on awarding site clearance progress to encourage and encourage people whose land is recovered early to hand over the site, shortening the time for land acquisition to implement investment projects.

-Supplemente regulations for houses and daily-life works attached to land of households and individuals, they are usually equal to the value of new construction of houses and works of equivalent technical standards regardless of the extent of damage to houses and works and the responsibility to issue the price list of actual compensation for damage to houses and construction works in Clauses 1 and 4 of Article 89 of the draft Law.

-Supplemente the provisions in Clauses 1, 3 and 6 of Article 97 of the draft Land Law to amend the people whose residential land is recovered for the implementation of housing projects; projects to renovate old apartment buildings in sync with the system of technical infrastructure, social infrastructure, and environmental protection; projects to relocate works, production and business establishments subject to relocation due to environmental pollution according to regulations; and resettlement projects shall be arranged for on-site resettlement;

Regulations on the responsibilities for investors in the above projects to set aside land and house funds for on-site resettlement in Vietnam.

- Supplemente the provisions in Article 100 of the draft Land Law (amended). In case of necessity, the competent authority to decide the investment policy of the project according to the provisions of the law on investment shall consider and decide to separate the contents of compensation, support, and resettlement into separate projects and organize their independent implementation at the same time as approving the project investment policy in Vietnam.

This regulation aims to speed up the implementation of investment projects by separating the contents of land acquisition and site clearance into separate projects for implementation before the investment projects.

See more in the draft Land Law amending and replacing Vietnam's Land Law 2013.

Chau Thanh

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