What is instruction on resettlement arrangement for those whose land is expropriated and who need to be relocated in Vietnam?

What is instruction on resettlement arrangement for those whose land is expropriated and who need to be relocated in Vietnam? (Internet image)

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

1. Instruction on resettlement arrangement for those whose land is expropriated and who need to be relocated in Vietnam

According to Article 86 of the Land Law 2013, the resettlement arrangement for those whose land is expropriated and who need to be relocated in Vietnam is as follows:

- The organization in charge of compensation and ground clearance which is assigned by the provincial- and district-level People’s Committees to arrange resettlement shall notify those whose land is expropriated and who need to be relocated of the tentative resettlement arrangement plan and post up the plan at the offices of the commune-level People’s Committee, at common public places of the residential areas of which land is expropriated and at resettlement areas for at least 15 days before competent state agencies approve the plan.

The contents of the notification include the location and area of resettlement land and resettlement houses, design and area of each land lot or apartment, prices of resettlement land and resettlement houses, and the tentative plan for resettlement arrangement for those whose land is expropriated.

- People whose land is expropriated shall be resettled in the same place if the resettlement projects are developed or conditions for resettlement arrangement exist in the expropriated area. Convenient locations are prioritized for those who hand over the expropriated land early or people with meritorious services to the revolution.

The approved plan for resettlement arrangement must be publicized at the office of the commune-level People’s Committee and at common public places of the residential areas of which land is expropriated.

- The specific land price used to calculate land use levy at resettlement areas and the sale price of resettlement houses shall be determined by the provincial-level People’s Committee.

- In case people having land expropriated are resettled while the amount of compensation and support is not enough to buy the minimum resettlement plot, the State shall make up the deficit.

An allotment according to Article 27 of Decree 47/2014/ND-CP is as follows:

+ An allotment as prescribed in Clause 4, Article 86 of the Land Law 2013 shall be defined in the form of inhabited land, houses or money to suit the choice of persons arranged for resettlement.

+ In case an allotment is defined in the form of inhabited land, houses, area of resettlement land should not be less than minimum area approved of partition in the locality and area of resettlement house should not be less than minimum area of an apartment as defined by the Law on houses.

In case an allotment is defined in the form of houses, area of a resettlement house should not be less than minimum area of an apartment according to the provisions of the Law on houses.

In case an allotment is defined in the form of money, a sum of money for an allotment shall be equal to value of an allotment defined in the form of inhabited land, houses in the resettlement area.

+ Based on the provisions set out in Clauses 1, 2 of Article 27 of Decree 47/2014/ND-CP and actual circumstances in the locality, the province-level People’s committee shall decide an allotment in the form of inhabited land, houses and money.

2. Regulations on formulation and implementation of resettlement projects

According to Article 26 of Decree 47/2014/ND-CP, formulation and implementation of resettlement projects in Vietnam as stipulated in Article 85 of the Land Law 2013 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 Land Law 2013.

- 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 of Decree 47/2014/ND-CP.

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