Regulations on formulation and implementation of resettlement projects in Vietnam

Regulations on formulation and implementation of resettlement projects in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Regulations on formulation and implementation of resettlement projects in Vietnam

According to Article 26 of Decree 47/2014/ND-CP, formulation and implementation of resettlement projects as stipulated in Article 85 of the Law on Land shall be done as follows:

- Resettlement projects shall be formulated and approved independently of the plan for compensation, support and resettlement but availability of inhabited land, resettlement houses should be ensured before competent authorities decide expropriation.

- Formulation of resettlement projects and selection of investors shall be done according to the law on development and management of resettlement houses ensure compliance with the provisions set out in Clauses 2, 3, Article 69 of the Law on Land.

+ The making and appraisal on plans for compensation, support and resettlement are prescribed as follows:

++ The organization in charge of compensation and ground clearance shall make the plan for compensation, support and resettlement and coordinate with the commune-level People’s Committee in the locality to conduct consultations on the plans for compensation, support and resettlement in the forms of meetings with land users living in the expropriated area, posting up the plan for compensation, support and resettlement at offices of the commune-level People’s Committee and at common public places of the residential areas of which land is expropriated.

The consultation results must be recorded in minutes which are certified by representatives of the commune-level People’s Committee and Vietnam Fatherland Front, and land users whose land is expropriated.

The organization in charge of compensation and ground clearance shall make a written summarization of opinions which clearly specifies the numbers of opinions for, against and other opinions regarding the plans for compensation, support and resettlement;

Coordinate with the commune-level People’s Committee in the locality in organizing dialogues with those who have objections on the plans for compensation, support and resettlement; and improve the plans for compensation, support and resettlement for submission to competent agencies.

++ Competent agencies shall appraise the plans for compensation, support and resettlement before submitting them to the competent People’s Committee for decision on land expropriation.

+ The decision on land expropriation, the approval and the organization of implementation of the plans for compensation, support and resettlement are prescribed as follows:

++ The People’s Committee which has the competence as prescribed in Article 66 of the Law on Land shall issue a decision on land expropriation and a decision on approval of the plans for compensation, support and resettlement in the same day;

++ The organization in charge of compensation and ground clearance shall coordinate with the commune-level People’s Committee to publicize and post up the decision on approval of the plans for compensation, support and resettlement at the commune-level People’s Committee offices and at common public places of the residential areas of which land is expropriated.

The organization shall send the decision on compensation, support and resettlement to each person whose land is expropriated and that decision will clearly show the level of compensation and support, arrangement of the resettlement land or house (if any), time and place of payment for compensation or support, time to arrange resettlement land or house (if any) and time to hand over the expropriated land to the organization in charge of compensation and ground clearance;

++ The organization in charge of compensation and ground clearance shall implement activities in accordance with the approved plans for compensation, support and resettlement;

++ In case land users whose land is to be expropriated fail to hand over the land to the organization in charge of compensation and ground clearance, the commune-level People’s Committee and Vietnam Fatherland Front in the locality and the organization in charge of compensation and ground clearance shall mobilize and persuade the land users to hand over.

In case the land users fail to comply with the decision even after the mobilization and persuasion, the chairperson of the district-level People’s Committee shall issue a decision on enforcement of land expropriation and organize the enforcement in accordance with Article 71 of this Law.

- Resettlement area shall be established for one or more projects; houses, land in the resettlement area shall be arranged in multiple grades of housing and various areas appropriate for level of compensation and creditworthiness of persons subject to resettlement.

- As for projects of concentrated resettlement area with construction phases according to sub-projects, progress of land expropriation and construction of houses or infrastructure of the resettlement area shall:

Follow progress of each sub-project and connection of infrastructural works of individual sub-projects to common technical infrastructure of the resettlement area must ensure strict compliance with the detailed planning approved by competent authorities.

- Ensuring expenditures for the implementation of resettlement projects shall be done according to Article 32 Decree 47/2014/ND-CP.

2. Regulations on other support to land users upon expropriation in Vietnam

Regulations on other support to land users upon expropriation in Vietnam according to Article 25 of Decree 47/2014/ND-CP is as follows:

In addition to support as defined in Articles 19, 20, 21, 22, 23 and 24 of Decree 47/2014/ND-CP  and based on actual circumstances in the locality:

President of the province-level People’s committee shall decide other support measures to ensure residence, living and production stabilization and fairness to those whose land is expropriated;

In case an agricultural land on which households and individuals develop agricultural production is subject to expropriation and is found ineligible for compensation as defined in Article 75 of the Law on Land, the province-level People’s committee shall rely on actual circumstances in the locality to consider compensation as appropriate or to make submission to the Prime Minister for decision in case of necessity.

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