Cases eligible for support for living and production stabilization upon expropriation by the State in Vietnam

Cases eligible for support for living and production stabilization upon expropriation by the State in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Support for living and production stabilization upon expropriation by the State in Vietnam

According to Clause 1, Article 19 of Decree 47/2014/ND-CP (amended in Decree 01/2017/ND-CP), support for stabilization of life and production shall be given to:

- Households and individuals to whom the government allocates agricultural lands upon the implementation of the following decrees:

+ The government's Decree No. 64/CP dated September 27, 1993 on the regulation of allocation of agricultural lands to households and individuals that use the lands permanently for agricultural production;

+ The government’s Decree No. 85/1999/ND-CP dated August 28, 1999 on amendments to certain articles of the regulation of allocation of agricultural lands to households and individuals that use the lands permanently for agricultural production and on the supplemented allocation of salt-making lands to households and individuals that use the lands permanently;

+ The government’s Decree No. 02/CP dated January 15, 1994 on the regulation of allocation of forestlands to organizations, households and individuals that use the lands permanently for forestry;

+ The government’s Decree No. 163/1999/ND0CP dated November 16, 1999 on the allocation and lease of forestlands to organizations, households and individuals that use the lands permanently for forestry;

+ The government’s Decree No. 181/2004/ND-CP dated October 29, 2004 on the implementation of the Land Law and Section 1, Article 54 of the Land Law;

- Agricultural workers in a household as defined in Point a of this Section providing that such persons come into existence after the allocation of the agricultural land(s) to such household;

- Households and individuals that are eligible for the allocation of agricultural lands pursuant to Point a of Clause 1, Article 19 of Decree 47/2014/ND-CP (amended in Decree 01/2017/ND-CP) and are using agricultural lands acquired through transfer, inheritance, donation or reclamation as per the law, providing that the People's Committee of the commune where such lands exist confirms their direct engagement in production activities on the agricultural lands;

- Households and individuals that are using contracted lands for the purpose of agriculture, forestry or aquaculture (except specialized forestlands and protection forestlands) in state-owned agricultural or forestry plantations providing that the land users are such plantations’ officials and employees on employment or that the land users, whether they are retired, stop working due to working capacity loss or leave employment on benefit, are directly participating in agricultural or forestry production;

- Households and individuals that are using the contracted lands from state-owned agricultural or forestry plantations or from agricultural or forestry companies that were converted from state-owned agricultural or forestry plantations, providing that the land users directly participate in and gain stable earning(s) from agricultural production activities on such lands;

- Households and individuals that are using the contracted lands from agricultural production groups or agricultural cooperatives, providing that the land users directly participate in and gain stable earning(s) from agricultural production on such lands;

- Business organizations, households and individuals engaged in business activities, foreign-invested companies, whose business operations cease upon the government's land expropriation, shall receive a support for stabilizing their business.

2. Eligibility for support for living and production stabilization upon expropriation by the State in Vietnam

According to Clause 2, Article 19 of Decree 47/2014/ND-CP (amended in Decree 01/2017/ND-CP), the support for stabilization of life and production is subject to the following requirements:

- Households, individuals, business organizations and foreign-invested companies that are using lands pursuant to Section 1 and have obtained the certificates of land use right or qualify for the issuance of the certificates of land use right with or without ownership of house and other properties attached to land as per the legislation on land;

Except for the circumstance defined in Section 2, Article 77 of the Land Law and Point b of Clause 2, Article 19 of Decree 47/2014/ND-CP (amended in Decree 01/2017/ND-CP);

- Households and individuals that are using contracted lands for the purpose of agriculture, forestry or aquaculture (except specialized forestlands and protection forestlands) as stated in Point d, dd and e, Section 1 of Article 19 of Decree 47/2014/ND-CP (amended in Decree 01/2017/ND-CP), the contracts for land use must be available.

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