What are the regulations on the amount of expenditure on compensation, support, relocation, coercive inventory, and coercive land expropriation in Vietnam? - Kim Phuong (Lam Dong, Vietnam)
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Amount of expenditure on compensation, support, relocation, coercive inventory, and coercive land expropriation in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
1. Amount of expenditure on compensation, support, relocation, coercive inventory, and coercive land expropriation in Vietnam
According to Article 5 of Circular 61/2022/TT-BTC, the expenditure levels for organizing compensation, support and resettlement when the State recovers land in Vietnam is prescribed as follows:
(1) Payments whose amount, standard, and unit have been regulated by a competent body shall conform to applicable regulations.
(2) With respect to working office buildings and machinery serving operation of authorized organizations and appraising agencies, these entities are responsible for arranging and positioning within their available working office buildings and machinery to serve their operations.
If those entities cannot arrange their working office buildings or machinery, they are allowed to rent working office buildings and machinery for the purpose of compensation, support, and relocation.
The renting of working office buildings, renting and procuring of machinery and equipment shall conform to regulations and law on management and use of public assets, bidding, and relevant law provisions.
(3) Printing, photocopying documents, office supply, communication (post, telephone), and fuel costs shall be calculated depending on actual demand of each project and sub-project.
(4) Payments for service providers for services pertaining to compensation, support, and relocation shall conform to contracts signed between authorized organizations and service providers.
Service providers are obliged to adequately adhere to the contract and relevant law provisions. Service providers shall be selected in accordance with regulations and law on bidding.
(5) With respect to payments not mentioned under (1), (2), (3) and (4), People’s Committees of provinces shall rely on local situations, report the specific payment amount to the People’s Councils of provinces.
2. Details of expenditure on compensation, support, and relocation in Vietnam
Specifically, in Clause 1, Article 4 of Circular 61/2022/TT-BTC, details of expenditure on compensation, support, and relocation are as follows:
- Publicizing policies and regulations on compensation, support, and relocation in case of expropriation by the State and mobilizing relevant entities to implement decisions on land expropriation.
- Covering investigation, surveying, measurement, inventory in accordance with Clause 1 Article 69 of the Law on Land in 2013, including:
+ Distributing leaflets, guiding the aggrieved persons to declare;
+ IMking excerpt of plot cadastral map for plots without cadastral map for the purpose of compensation and land clearance;
+ Measuring and determining area of plots within the expropriated area for the purpose of project execution (if any) of each organization, household, and individual to serve as the basis for making compensation, support, and relocation in case of expropriation by the State for cases where measurement must be repeated;
+ Inventorying the number of houses, buildings, plants, domestic animals, and other assets that have been damaged following the State’s expropriating land of each organization, household, and individual;
+ Inspecting and cross-checking declaration against damage inspection results for each subject of land expropriation; calculating damage to land, houses, buildings, plants, domestic animals, and other assets.
- Producing, appraising, approving, and publicizing solutions for compensation, support, and relocation from calculating indicators, determining relocation, support levels to approving solutions and publicizing solutions for compensation, support, and relocation.
- Paying for compensation, support, and relocation according to solutions for compensation, support, and relocation approved by a competent body as per the law.
- Guiding implementation, dealing with difficulties in organizing implementation of solutions for compensation, support, and relocation approved by a competent body as per the law.
- Renting working office buildings, renting and purchasing machinery and equipment for the purpose of compensation, support, and relocation of authorized organizations and appraising bodies.
- Printing, photocopying documents, incurring office supplies, and communication (post, telephone), fuel and travel.
- Hiring personnel to implement compensation, support, and relocation (if any).
The hiring of personnel shall be decided by heads of authorized organizations, regulated under internal spending regulations, and implemented only when authorized organizations lack manpower for implementation.
The hired personnel must not carry out the same tasks as personnel of the authorized organizations.
- Incurring other expenses directly related to compensation, support, and relocation.
Tran Thanh Rin
