Quyết định 23/2015/QD-UBND

DECISION

COMPENSATION, ASSISTANCE AND RELOCATION UPON LAND EXPROPRIATION IN HO CHI MINH CITY

THE PEOPLE'S COMMITTEE OF HO CHI MINH CITY

Pursuant to the Law on Organization of the People’s Councils and the People’s Committees dated November 26, 2003;

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Ordinance on preferential treatment for people with meritorious services to the revolution dated June 29, 2008, the Ordinance on amendments to some articles of the Ordinance on preferential treatment for people with meritorious services to the revolution dated July 16, 2012;

Pursuant to the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 elaborating the Law on Land;

Pursuant to the Government’s Decree No. 44/2014/ND-CP dated May 15, 2014 on the land price;

Pursuant to the Government’s Decree No. 45/2014/ND-CP dated May 15, 2014 on the collection of land levy;

Pursuant to the Government’s Decree No. 45/2014/ND-CP dated May 15, 2014 on the collection of land rent and water surface rent;

Pursuant to the Government’s Decree No. 104/2014/ND-CP dated November 14, 2014 on the land price bracket;

Pursuant to the Government’s Decree No. 47/2014/ND-CP dated May 15, 2014 on compensation, assistance and relocation upon land expropriation;

Pursuant to the Government’s Decree No. 14/2014/ND-CP dated February 26, 2014 elaborating the Electricity Law regarding electricity safety;

Pursuant to the Government’s Decree Np. 45/2014/ND-CP dated May 15, 2014 on the management of use of state-owned housing;

Pursuant to the Decision No. 09/2007/QD-TTg dated January 19, 2007 of the Prime Minister on the rearrangement and settlement of state-owned houses and land;

Pursuant to the Decree No. 37/2014/TT-BTNMT dated June 30, 2014 of the Ministry of Natural Resources and Environment elaborating compensation, assistance and relocation upon land expropriation;

Pursuant to the Circular No. 39/2011/TT-BTC dated March 22, 2011 of the Ministry of Finance on amendments to the Circular No. 83/2007/TT-BTC dated July 16, 2007 of the Ministry of Finance guiding the implementation of the Decision No. 09/2007/QD-TTg dated January 19, 2007 and the Circular No. 175/2009/TT-BTC dated September 09, 2009 of the Ministry of Finance guiding some contents of the Decision No. 140/2008/QD-TTg dated October 21, 2008 of the Prime Minister on rearrangement, and settlement of State-owned housing and land;

At the request of the Directors of Departments of Natural Resources and Environment in the Documents No. 1448/TTr-TNMT-KTD dated March 11, 2015, No. 1844/TNMT-KTD dated March 26, 2015 and No. 2765/TNMT-KTD dated April 27, 2015; comments of the Departments of Justice in the Official Dispatch No. 825/STP-VB dated February 13, 2015,

DECIDES:

Article 1. Regulations on compensation, assistance and relocation upon land expropriation in Ho Chi Minh city are promulgated together with this Decision.

Article 2. Transition settlement

1. This Decision does not apply to the projects and items which have provided compensation, assistance and relocation before July 01, 2014 (the effective date of the 2013 Law on Land and Government’s Decree No. 47/2014/ND-CP).

2. The projects that are issued with a decision on land expropriation and has its compensation, assistance and relocation plan approved before July 01, 2014 shall continue to apply the approved plan.

3. The projects that are issued with a decision on land expropriation before July 01, 2014 but till July 01, 2014 its compensation, assistance and relocation plan is yet to be approved, they shall be handled as follows:

a) In case of land expropriation according to Article 61 and Article 62 of the 2013 Law on Land, the investor that meets conditions prescribed in Clause 3, Article 58 of the 2013 Law on land shall continue to prepare, assess and approve the compensation, assistance and relocation plan as prescribed by the 2013 Law on Land, Government's Decree No. 47/2014/ND-CP dated May 15, 2014 and Regulations enclosed with this Decision.

a) For project that is permitted to expropriate land according to progress by a competent authority, the State shall continue to expropriate the remaining land and prepare, assess and approve the compensation, assistance and relocation plan as prescribed by the 2013 Law on Land, the Government’s Decree No. 47/2014/ND-CP and Regulation enclosed with this Decision.

Article 3. Effect

1. This Decision comes into force after 10 (ten) days from the day on which it is signed.

2. This Decision replaces the following Decisions: the Decision No. 35/2010/QD-UBND dated May 28, 2010 of the People’s Committee of Ho Chi Minh city on Regulations on compensation, assistance and relocation upon land expropriation in Ho Chi Minh city and the Decision No. 74/2006/QD-UBND dated May 17, 2006 of the People's Committee of Ho Chi Minh city on procedures for compulsory audit of the area of housing, land and property on land to serve the compensation, assistance and relocation upon land expropriation.

Article 4. Chief of Office of the People’s Committee of Ho Chi Minh city, Presidents of the People’s Committees of districts, heads of organizations, relevant households and individuals are responsible for implementing this Decision./.

REGULATIONS

ON COMPENSATION, ASSISTANCE AND RELOCATION UPON LAND EXPROPRIATION IN HO CHI MINH CITY
(Promulgated together with Decision No. 23/2015/QD-UBND dated May 15, 2015 of the People’s Committee of Ho Chi Minh city)

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This document provides for compensation, assistance and relocation upon land expropriation in Article 61, 62 and Point dd, e, Clause 1, Article 65 of the 2013 Law on Land; the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 elaborating some articles of the Law on Land (hereinafter referred to as “Decree No. 43/2014/ND-CP”); the Government’s Decree No. 47/2014/ND-CP on compensation, assistance and relocation upon land expropriation (hereinafter referred to as “Decree No. 47/2014/ND-CP”); the Government’s Decree No. 14/2014/ND-CP dated February 26, 2014 elaborating the Electricity Law regarding electricity safety (hereinafter referred to as “Decree No. 14/2014/ND-CP”); the Circular No. 37/2014/TT-BTNMT dated June 30, 2014 of the Ministry of Natural Resources and Environment elaborating compensation, assistance and relocation upon land expropriation (hereinafter referred to as “Circular 37/2014/TT-BTNMT”).

2. The cases that are not regulated by this document:

a) Provision of compensation, assistance, relocation when the State expropriates land and houses to renovate and reconstruct old broken and degraded apartments;

b) The public-duty houses; social houses constructed with funding from State budget; student dormitories constructed with part or whole of funding from State budget or originally allocated by State budget capital are managed by education institutions; student housing constructed under the Decision of the Prime Minister; houses and non-residential buildings provided for residential purposes from January 19, 2007 onwards;

c) The residential communities developing or improving their facilities for public purposes based on the contributions of people or the assistance by the State, or other capital sources not granted by State budget;

d) The land donated to the State for the national defense or security; socio-economic development for the benefits of the public and the country.

3. Vietnam’s commitment on policy framework for compensation, assistance and relocation shall apply to projects funded by loans granted by international or foreign organizations.

Article 2. Regulated entities

1. Land authorities; organizations performing their tasks related to compensation, land clearance and relocation in Ho Chi Minh city.

2. Land users set forth in Article 5 of the 2013 Law on Land when the State expropriates land.

3. Other organizations and individuals related to compensation, assistance and relocation when the State expropriates land.

Chapter II

COMPENSATION FOR LAND

Article 3. Rules for compensation for land when the State expropriates land (specified in Article 74 of the 2013 Law on Land)

1. Land users who meet the conditions prescribed in Article 5 of this document shall receive compensation.

2. The compensation shall be provided by allocating new land with the same land use purpose as the expropriated land. If there is no land available for compensation, compensation shall be provided in cash at the land price of the type of expropriated land which is decided by the People’s Committee of Ho Chi Minh city at the time of issuance of the decision on land expropriation.

3. The compensation upon land expropriation must be provided in a democratic, impartial, equal, public, timely and lawful manner.

Article 4. Determination of land price as the basis for calculation of compensation for land when the State expropriates land (specified in Article 114 of the 2013 Law on Land, Article 18 of the Decree No. 44/2014/ND-CP and Articles 31, 32 of the Circular No. 36/2014/TT-BTNMT).

After establishing the compensation, assistance and relocation council of the project, the Department of Natural Resources and Environment or the authorized People’s Committee of districts shall be responsible for surveying, inspecting or hiring a consultancy unit licensed to provide land valuation service; inspect and survey popular land price in the market in order to propose land pricing coefficient, submit a report on the coefficient to the presiding authority and relevant authorities for consideration and to the Land Valuation Council of Ho Chi Minh City for verification.

Article 5. Conditions for receipt of compensation for land when the State expropriates land for the national defense or security; socio-economic development for the benefits of the public and the country (specified in Article 75 of the 2013 Law on Land)

1. Households and individuals using land which is not leased land with land rent paid on an annual basis, having a Certificate of land use rights, a Certificate of ownership of houses and residential land use rights, or a Certificate of land use rights and ownership of houses and other properties on land (below collectively referred to as the “Certificate”), or being eligible to be granted a Certificate as prescribed by the 2013 Law on Land but not being granted that Certificate yet, except the cases prescribed in Clause 3, Article 8 of this document; overseas Vietnamese citizens who are eligible to own houses associated with land use rights in Vietnam and are granted a Certificate of land use rights and ownership of houses and residential land use rights and property on land, or being eligible to be granted such Certificate as prescribed but not being granted that Certificate yet.

2. Residential communities and religious institutions using land which is not allocated or leased out by the State and having a Certificate, or being eligible to be granted a Certificate of land use rights and ownership of houses and other properties on land as prescribed but not being granted that Certificate yet.

3. Overseas Vietnamese citizens that are allocated land by the State and pay land levy, or are leased out land and pay a lump sum rent for the entire lease term, or receive transfer of rights to use land in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones, have a Certificate or are eligible to be granted a Certificate of land use rights and ownership of houses and other properties on land as prescribed but are yet to be granted that Certificate.

4. Organizations that are allocated land by the State and pay land levy, or are leased out land and pay a lump sum rent for the entire lease term, or inherit land use rights, or receive transfer of rights to use land for which the land levy has been paid or the payment for the transfer is not made by State budget, have a Certificate or are eligible to be granted a Certificate of land use rights and ownership of houses and other properties on land as prescribed but are yet to be granted that Certificate.

5. Foreign organizations with diplomatic functions that are leased out land by the State and pay a lump sum rent for the entire lease term and have a Certificate or are eligible to be granted a Certificate of land use rights and ownership of houses and other properties on land as prescribed but are yet to be granted that Certificate.

6. Business organizations, overseas Vietnamese citizens and foreign-invested enterprises that are allocated land by the State and pay land levy to execute investment projects on the construction of housing for sale or both for sale and for rent, or are leased out land and pay a lump sum rent for the entire lease term, have a Certificate or are eligible to be granted a Certificate of land use rights and ownership of houses and other properties on land under this Law but are yet to be granted that Certificate.

Article 6. Cases ineligible for compensation for land when the State expropriates land (specified in Article 82 of the 2013 Law on Land)

The State shall expropriate land without providing compensation for land in the following cases:

1. The cases specified in Clause 1, Article 76 of the 2013 Law on Land;

2. Land which is allocated by the State for management;

3. Land which is expropriated as prescribed in Article 64 and Points a, b, c and d, Clause 1, Article 65 of the 2013 Law on Land;

4. For the cases that are ineligible to be granted a Certificate of land use rights in accordance with Articles 20, 22 of the Decree No. 43/2014/ND-CP, assistance shall be considered as prescribed in Article 21 of this document, except the cases prescribed in Clause 3, Article 8 of this document.

Article 7. Compensation for remaining value of investment in land when the State expropriates land for the national defense or security; socio-economic development for the benefits of the public and the country (specified in Article 76 of the 2013 Law on Land, Article 3 of the Decree No. 47/2014/ND-CP and Article 3 of the Circular No. 37/2014/TT-BTNMT)

1. The entities eligible for compensation for remaining value of investment in land when the State expropriates land for the national defense or security; socio-economic development for the benefits of the public and the country are regulated in Clause 1, Article 76 of the 2013 Law on Land.

2. The remaining value of investment in land is investments in land of land users in conformity with land use purpose and such invesments are yet to be fully recouped when a competent authority decides to expropriate land. The remaining value of investment in land includes wholly or partially the following investments:

a) Investment in leveling;

b) Investment in soil nutrient enrichment, removal of salt, corrosion and erosion control of the land used for agricultural production;

c) Investment in reinforcement load, vibration, and sinking bearing capacity of the land used as business premises;

d) Other relevant investments in land in conformity with land use purpose.

3. Conditions for determination of the remaining value of investment in land: The remaining value of investment in land that does not originate from the State budget; documentary evidences of investment in land;

Such documentary evidences include:

a) The contract for leveling and restoration of the land allocated or leased out by the State, land reclamation, inundation, erosion control, ground construction and reinforcement to create space for business premises;

b) Written contract discharge; invoices of remaining value of investment in land prescribed in Point a of this Clause;

c) Other documents and contracts related to the investment in land made at the time of investment.

4. The remaining value of investment in land shall conform to market price in case of land expropriation and shall be determined according to the following formula:

Where:

P: The remaining value of investment in land;

P1: Investment in leveling;

P2: Investment in soil nutrient enrichment, removal of salt, corrosion and erosion control of the land used for agricultural production;

P3: Investment in reinforcement load, vibration, and sinking bearing capacity of the land used as business premises;

P4: Other relevant investments in land in conformity with land use purpose.

T1: Initial land use term;

T2: Remaining land use term.

In case the investment in land is made after the State allocates and leases out land, the land use term (T1) shall be calculated from the time of investment in land.

5. The remaining value of investment in land set forth in Clause 4 of this Article shall be calculated according to the following formula:

a) Determination of the remaining value of investment in land should be based on unit prices, economic and technical norms prescribed by competent authorities;

b) In case investment in the land has been made a number of times or years, determination of the remaining value of investment in land shall be done by accumulation of all the investments made in such periods or years.

6. In case of remaining value of investment in land without documentary evidences, compensation shall be provided as follows:

a) Regarding farming land:

- Farming land for perennial plants: 50,000 VND per m²;

- Farming land for annual plants: 40,000 VND per m²;

b) Regarding aquaculture land:

- Specialized aquaculture: 50,000 VND per m²,

- Semi-specialized aquaculture: 30,000 VND per m2,

c) Regarding land for salt production: 11,400 VND per m²

d) Regarding protection forest land, special-use forest land and production forest land: 25,000 VND per m².

Article 8. Compensation for land, remaining value of investment in land when the State expropriates land of households and individuals (specified in Article 77 of the 2013 Law on Land and Article 4 of the Decree No. 47/2014/ND-CP)

1. Households and individuals using farming land when the State expropriates land are eligible to receive compensation for land and remaining value of investment in land according to the following regulations:

a) Farming land area eligible for compensation includes the area within the limit prescribed in Articles 129 and 130 of the 2013 Law on Land and the area received in the form of inheritance;

b) Farming land area exceeding the limit specified in Article 129 of the 2013 Law on Land is ineligible for compensation for land but is eligible for the remaining value of investment in land prescribed in Article 7 of this document.

2. The compensation and assistance when the State expropriates farming land due to receipt of land use rights beyond the limit before July 01, 2014 shall be provided according the following regulations:

a) In the cases where households or individuals are using a piece of farming land beyond the limit before July 01, 2014 due to inheritance, donation, or receipt of land use rights from others according to regulations of law and are eligible for compensation, the compensation and assistance shall be provided according to actual area of land expropriated by the State.

b) In the cases where households and individuals are using a piece of farming land defined in Point a of this Clause but have no Certificate of land use rights or are ineligible to be granted a Certificate as prescribed, the compensation shall be provided according to the land area within the limit on farming land allocation. For the farming land area that exceeds the limit on farming land allocation, compensation for land shall not be provided but the value of investment in land shall be provided as prescribed in Article 7 of this document.

c) Land use term serving as the basis for calculation of compensation with respect to the farming land allocated by the State to households and individuals for agricultural production, recognition of land use rights, receipt of land use rights according to the Law on Land shall be applied in the same way as land is allocated by the State for stable and long-term use.

3. In the cases where the farming land was used before July 1, 2004 of which land users are households and individuals directly engaged in agricultural production but have not been granted a Certificate or not being eligible to be granted a Certificate of land use rights and ownership of houses and other properties on land as prescribed, the compensation must be provided according to the actual land area, the area for which compensation is provided must not exceed the limit on farming land allocation prescribed in Article 129 of the 2013 Law on Land.

Article 9. Compensation for land, remaining value of investment in land when the State expropriates farming land of business organizations, self-financed public service providers, residential communities or religious institutions (specified in Article 78 of the 2013 Law on Land and Article 5 of the Decree No. 47/2014/ND-CP)

1. The business organizations that are using farming land are allocated by the State and pay land levy or are leased out land by the State and pay a lump sum rent for the entire lease term, or receive transfer of rights to use land upon land expropriation, if they are eligible for compensation as prescribed in Article 5 of this document, the compensation shall be determined based on the remaining land use term.

2. Business organizations and self-financed public service providers that are using farming land leased out by the State and annually pay land rent, they shall, upon land expropriation, not receive compensation for land but for the remaining value of investment in land as prescribed in Article 7 of this document if such investment does not originate from the State budget.

If farming land is not land for special-use forest, protection forest or production forest which is natural forest and has been contracted by business organizations to households and individuals in accordance with law when the State expropriates land, households and individuals acquiring the contracted land shall not receive compensation for land but for the remaining value of investment in land.

3. Residential communities and religious institutions that are using farming land and eligible for compensation as prescribed in Article 5 of this document, shall, upon land expropriation, receive compensation for land and remaining value of investment in land according to the following regulations:

a) In case the farming land which was used before July 01, 2004 (the effective date of the 2003 Law on Land) is not land allocated by the State without collection of land levy or land leased out by the State and land rent was paid on an annual basis and included with a Certificate of land use rights or being eligible to be granted a Certificate of land use rights as prescribed in Article 100 and Article 102 of the 2013 Law on Land, compensation for land shall be provided as prescribed in Clause 2, Article 3 of this document;

b) For the farming land allocated by the State without collection of land levy, or leased out by the State and land rent is paid on an annual basis, compensation for land shall not be provided but for the remaining value of investment in land (if any). The determination of remaining value of investment in land as the basis for compensation shall comply with regulations of Article 7 of this document.

4. The compensation and assistance for organizations using land within the announced building line shall be provided as follows:

In the cases where organizations use land that is originated from receipt of legal transfer in cash not originated from the State budget, land that is within the building line, or land that does not conform to the land use plan and planning (at the time of receipt of transfer), they shall, upon land expropriation, receive assistance that equals the price for farming land according to the approved plan of that project or receive the remaining value of investment in land (if any) that is calculated as prescribed in Article 7 of this document, In case of the execution of the project where the investor has a commitment to unconditionally transfer the land that is within the building line to the State when implementing the plan, assistance shall not be provided.

Regulations of this Clause shall only be applied when the land-using organizations do not deduct the received value or land area from its financial obligations include it in the project investment expense account.

Article 10. Compensation for land when the State expropriates homestead land (specified in Article 6 of the Decree No. 47/2014/ND-CP and Article 4 of the Circular No. 37/2014/TT-BTNMT elaborating Article 79 of the 2013 Law on Land)

1. Households and individuals who are owning homestead land, overseas Vietnamese citizens who are owning houses associated with land use rights in Vietnam when the State expropriates homestead land have a Certificate of land use rights or are eligible to be granted a Certificate in accordance with the Law on Land, the compensation for land shall be provided as follows:

a) If all of homestead land is expropriated or the homestead land area that remains after expropriation is not suitable for residential purposes according to the regulations of the People’s Committee of Ho Chi Minh city (ineligible to be granted a construction license as prescribed) and households and individuals do not have another homestead land or house in the commune where the expropriated land is located, the compensation in the form of land or relocation house shall be provided.

b) If all of homestead land is expropriated or the homestead land area that remains after expropriation is not suitable for residential purposes according to the regulations of the People’s Committee of Ho Chi Minh city and households and individuals do not have another homestead land or house in the commune where the expropriated land is located, compensation shall be provided in cash. For the districts with available homestead land, compensation in the form of homestead land shall be considered.

2. If one household of multiple families residing in the same piece of land subject to expropriation or multiple households co-owning the same piece of land subject to expropriation and if such land is eligible for division into separate families according to the provisions of the Law on Residence, based on local conditions, the People’s Committee of district shall consider selling relocation house to each household that is eligible for household separation. For the disadvantaged households, they may be subject to deferred or installment payment in accordance with regulations in Clause 4, Article 42 of this document.

3. If households, individuals and overseas Vietnamese citizens regulated in Clause 1 of this Article do not require compensation in the form of homestead land or relocation house, compensation shall be provided in cash by the State.

4. If households and individuals that are using land when the State expropriates land attached to houses are subject to relocation but ineligible for compensation for homestead land, the State shall offer sale, lease, lease-purchase of houses or allocate homestead land and land levy must be paid if such households and individuals do not have another residence in the communes where the expropriated land is located. Sale price, rent and lease purchase price of houses; the price for homestead land which is the basis for determination of land levy when the State allocates land shall be applied according to regulations imposed by the People’s Committee of Ho Chi Minh city.

5. In case part of a piece of the homestead land subject to expropriation is farming land that is not recognized as homestead land, the households and individuals whose land is expropriated may converse such piece of land into homestead land within the prescribed limit on land allocation if they so wish and such conversion must conform to land use plan and planning approved by competent authorities. Upon land repurposing, households and individuals must fulfill their financial obligations as prescribed by the law on collection of land levy; land rent, water surface rent.

6. Relocation on the remaining homestead land of the land piece on which a house exists when the State expropriates land

In case part of a piece of the homestead land that is subject to expropriation and on which a house exists still is farming land that is not recognized as homestead land defined in Clause 5 of this Article, conversion of farming land into homestead land for relocation shall be carried out according to the following regulations:

a) In case part of a piece of the homestead land that is subject to expropriation and on which a house exists still is farming land that is not recognized as homestead land, the conversion of farming land into homestead land for relocation shall only be carried out when the remaining area of the land that is expropriated is eligible for subdivision/severance according to regulations of the People's Committee of Ho Chi Minh city.

b) In case the remaining part of a piece of the homestead land that is subject to expropriation and on which a house exists still is ineligible for subdivision/severance as prescribed, the competent authority shall decide to expropriate or land users may continue to use the remaining land according to land use plan and planning.

c) The funding for compensation, assistance and relocation with respect to the remaining land of the land piece on which a house exists and which is ineligible for subdivision/severance when the State expropriates land must be specified in the compensation, assistance and relocation plan.

7. In case a piece of land currently employed by business organizations, overseas Vietnamese citizens and foreign-invested enterprises for execution of the project on construction of houses when the State expropriates land, and if conditions for compensation defined in Article 5 of this document are met by such entities, compensation shall be provided as follows:

a) In case a part of the project's land is expropriated and the remaining part is still eligible for the execution of the construction project, compensation for the expropriated part shall be provided in cash;

b) In case entire or part land of the project is expropriated and the remaining part is ineligible for the execution of the construction project, compensation shall be provided in the form of land for the execution of the project or in the form of cash;

c) For any project that is already put into practice when the State expropriates land, compensation shall be provided in cash.

Article 11. Compensation for land, remaining value of investment in land when the State expropriates non-farming land which is not homestead land of households and individuals (specified in Article 80 of the 2013 Law on Land and Article 7 of the Decree No. 47/2014/ND-CP)

1. For households and individuals using non-farming land which is not homestead land when the State expropriates land, if they are eligible for compensation as prescribed in Article 5 of this document, they shall receive compensation in the form of land, to be specific:

a) Land used for limited term shall be compensated for the land with the same purpose as the expropriated land; compensation shall be based on remaining land use term of the expropriated land. In case land for compensation is not available, the compensation shall be provided in the form of cash and determined as follows:

Where:

- Tbt: The compensation;

- G: Land price in case of land expropriation; if the land is allocated by the State and land levy must be paid, G shall be the price for land which is the basis for determination of land levy; if the land is leased out by the State and lump sum rent must be paid for the entire lease term, G shall be the price for land which is the basis for determination of land rent;

- S: Area of the expropriated land;

- T1: Land use term;

- T2: Remaining land use term.

b) In case households and individuals wish to extend remaining land use term of the expropriated land, such extension shall be approved by competent authorities but land users must fulfill their financial obligations for the extended period according to the regulations of law.

2. In case non-farming land exempted from land rent is expropriated by the State, households and individuals as users thereof shall receive compensation for the remaining value of investment in land only (if any) according to the regulations set forth in Article 3 hereof except otherwise as defined in Article 7 of this document.

3. In case non-farming land exempted from land rent thanks to the policy on people with meritorious services to the revolution is expropriated by the State, households and individuals as users thereof shall receive compensation for land, the compensation shall be provided by leasing out land with the same purpose as the expropriated land, if there is no land for compensation, compensation shall be provided in cash according to the remaining land use term.

4. In case land for long-term commercial, service, non-agricultural purposes is expropriated, households and individuals as users thereof shall receive compensation for land according to the price for homestead land if the conditions for compensation are met according to the regulations of law when the State expropriates land.

5. The households and individuals who use land on which a house exists before July 01, 2004 and which is originally related to transgression and invasion without another residence when the State expropriates land shall be allocated new land and land levy must be paid imposed or offered sale of relocation houses. Sale price, rent and lease purchase price of houses; the price for homestead land which is the basis for determination of land levy when the State allocates land shall be stipulated by the People’s Committee of Ho Chi Minh city.

Article 12. Compensation for land, remaining value of investment in land when the State expropriates non-farming land of business organizations, self-financed public service providers, residential communities or religious institutions, overseas Vietnamese citizens, foreign organizations with diplomatic functions, and foreign-invested enterprises (specified in Article 81 of the 2013 Law on Land, Clause 2, Article 5, Article 8 and Clause 5, Article 34 of the Decree No. 47/2014/ND-CP)

1. For business organizations and overseas Vietnamese citizens using non-farming land which is not homestead land or land of cemeteries, if they are eligible for compensation as prescribed in Article 5 of this document when the State expropriates land, compensation shall be provided in the form of land with the same purpose. In case that land is not available for compensation, compensation shall be provided in cash calculated based on the remaining land use term.

2. Business organizations that use land allocated for execution of the investment project on construction of cemeteries in order to transfer infrastructure-linked land use rights shall receive compensation according to the following regulations when the State expropriates land:

a) In case entire or part area of land is expropriated and the remaining part is ineligible to continue the execution of project on construction of cemeteries, the investor shall receive compensation for new land with the same purpose if transfer of infrastructure-linked land use right is done; shall receive compensation in cash if the construction of infrastructure is in progress and transfer of infrastructure-linked land use right is not yet done;

b) In case part area of land is expropriated and the remaining part is eligible for the construction of cemeteries, the investor of the project shall receive compensation in cash for the expropriated part. Graves shall be relocated to the remaining land of the project if they are situated on the expropriated part; in case the remaining land of the project is completely transferred, the investor of the project shall be granted new land for the construction of cemeteries to serve relocation of graves in the area where the expropriated land is located.

The allocation of new land for the construction of cemeteries as defined in this Point must conform to the land use plan and planning approved by competent authorities.

3. A joint venture using a piece of non-agricultural land that is not homestead land and is contributed as capital as defined in Article 184 of the 2013 Law on Land shall receive compensation when the land is expropriated according to Clause 2, Article 3 of this document in the following cases:

a) The piece of land contributed as capital by a business organization according to Article 184 of the 2013 Law on Land was allocated or leased out by the State and land levy or lump sum land rent is not paid by state budget;

b) The piece of land contributed as capital by a business organization is allocated by the State and land levy is not paid by the State budget, leased out by the State and annual land rent must be paid on an annual basis receive the land use right as if state funding for enterprises without debiting and returning land rent according to the regulations of the Law on Land for contribution of capital to foreign organizations and individuals;

c) The piece of land contributed as capital by a business organization is originally related to transfer of rights to use land according to the law and payment for the transfer is not made by the State budget;

d) Land allocated to overseas Vietnamese citizens by the State and land levy must be paid, leased out to overseas Vietnamese citizens by the State and lump sum land rent must be paid for the entire lease term; a joint venture to which Vietnam contributes capital with land use right is now converted into a foreign-invested enterprise.

4. For business organizations, self-financed public service providers, overseas Vietnamese citizens, foreign organizations with diplomatic functions, and foreign-invested enterprises using non-farming land which is leased out and pay a lump sum rent for the entire lease term, if they are eligible for compensation as prescribed in Article 5 of this document when the State expropriates land, they shall receive compensation for land according to the remaining land use term.

5. Business organizations, self-financed public service providers, overseas Vietnamese citizens, foreign organizations with diplomatic functions, and foreign-invested enterprises using non-farming land which is leased out by the State and land rent is paid on an annual basis shall receive compensation for the remaining value of investment in land when the State expropriates land.

6. For residential communities and religious institutions using non-farming land, if they are eligible for compensation as prescribed in Article 5 of this document when the State expropriates land, they shall receive compensation for land and remaining value of investment in land according to the following regulations:

a) For the non-farming land that was used before July 01, 2004, is not the land originally allocated by the State without collection of land levy, leased out by the State and annually pay land rent, included with a Certificate of land use rights or is eligible to be granted Certificates according to regulations, the compensation for land shall be provided as prescribed in Clause 2, Article 3 of this document.

In the cases where religious institutions have used non-farming land from July 01, 2004 to the date on which a land expropriation notice is issued by a competent authority and such land originates from land transfer or donation, the compensation for land shall not be provided;

b) For the non-farming land allocated by the State without collection of land levy, or leased out by the State and annually pay land rent, compensation for land shall not be provided but for the remaining value of investment in land (if any). The determination of remaining value of investment in land as the basis for compensation shall comply with regulations set forth in Article 7 of this document.

In case entire or part area of land is expropriated and the remaining part is ineligible for use and if residential communities or religious establishments wish to use the land for their common purposes, they shall receive new land allocated elsewhere by the State; such allocation must conform to land-use plan and planning approved by competent authorities.

7. In case land used before July 01, 2014 was leased out by the State and lump sum rent was paid for the entire lease term, the person whose land is expropriated shall not receive compensation for the land but for the remaining value of investment in land according regulations set forth in the Government’s Decree No. 197/2004/ND-CP dated December 03, 2004 on compensation, assistance and relocation upon land expropriation.

Article 13. Land-related compensation and assistance when the State expropriates land allocated ultra vires before July 01, 2004 but land levy was paid and a Certificate of land use rights is yet to be granted (specified in Article 11 of the Decree No. 47/2014/ND-CP and Article 7 of the Circular No. 37/2014/TT-BTNMT)

Land allocated ultra vires before July 01, 2004, users thereof paid land levy but are yet to be granted a Certificate of land use rights, land-related compensation and assistance shall be provided as follows:

1. In case the land was used before October 15, 1993, users thereof shall receive compensation for land according to area and type of the allocated land.

2. In case the land was used from October 15, 1993 to July 01, 2004, users thereof shall be provided with compensation and assistance as follows:

a) Receive compensation and assistance for the land allocated as farming land, non-farming land that is not homestead land and homestead land within the limit on land allocation set forth in Clause 2, Article 83 and Clause 5, Article 84 of the 2003 Law on Land;

b) Receive compensation for the area allocated as homestead land beyond the limit on homestead land allocation specified in Clause 2, Article 83 and Clause 5, Article 84 of the 2003 Law on Land but land levy prescribed by the Government must be deducted from the compensation.

3. Compensation for property on expropriated land shall be provided according to regulations set forth in this Decision.0}

4. Documents determining payment of land levy with respect to the land allocated ultra vires before July 01, 2004

a) The determination of payment of land levy to organizations with respect to the land allocated ultra vires before July 01, 2004 specified in Clauses 1, 2 of this Article must be based on one of the following documents:

- Receipts and invoices of land levy and compensation under the Decision No. 186/HDBT dated May 31, 1990 of the Council of Ministers on compensation for losses caused to farming land and forestland upon conversion into other purposes;

- Invoices and receipts made at the time of collection of money as prescribed by the Ministry of Finance;

- Invoices, receipts and other documents issued at the time of collection of money and confirmed by the People’s committee of commune or organizations that allocate land ultra vires;

- Receipts issued to households and individuals at the time of collection of money by the People's Committee of commune, cooperative or organizations (or representatives) that allocate land ultra vires.

b) In case land is allocated ultra vires and documents concerning payment of land levy are retained in the organization that collects money or other relevant organizations, such organization shall be responsible for providing those documents for organizations performing their tasks related to compensation and land clearance or for land users for the preparation of compensation and site clearance and completion of compensation, assistance and relocation plan.

Article 14. Land-related compensation and assistance upon expropriation when the real-life area is different from what is stated in documents on land use rights (specified in Article 12 of the Decree No. 47/2014/ND-CP)

Upon expropriation, real-life area is found different from the area stated in documents on land use rights as defined in Clauses 1, 2, 3, Article 100 of the 2013 Law on Land and Article 18 of the Government’s Decree No. 43/2014/ND-CP dated May 15, 2014, the compensation shall be provided according to the following regulations:

1. If real-life area is smaller than the area stated in documents on land use rights, compensation shall be provided according to real-life area.

2. If real-life area is larger the area stated in documents on land use rights because the previous measurement is inaccurate or only part real-life area was previously declared by land user but the entire land boundary is declared unchanged, is not in dispute with neighboring land users and is not related to invasion and transgression, compensation shall be provided according to real-life area.

3. If real-life area is larger the area stated in documents on land use rights and the People’s Committee of the commune where the land is located confirms that such outstanding area results from land reclaimation or receipt of land use rights from previous users and that the land has been stably employed and not in dispute, compensation shall be provided according to real-life area.

4. If real-life area is larger the area stated in documents on land use rights and the outstanding area results from transgression or invasion, compensation in the form of land shall not be provided but assistance according to land use time as prescribed in Article 21 of this document shall be provided.

5. Compensation for property on land upon land expropriation specified in this Article shall be provided as prescribed in Articles 23, 24, 25, 26 of this document.

Article 15. Compensation and assistance with respect to the small remaining land area beyond the project boundary

In case the remaining homestead land area of land users after expropriation is ineligible to be granted a construction license according to regulations or the remaining farming land that is smaller than the limit on subdivision/severance prescribed by Ho Chi Minh is no longer suitable for agricultural production or is ineligible for conversion of land use purposes, if the person whose land is expropriated requests the State to expropriate the remaining land, the People’s Committee of district shall expropriate land and provide compensation and assistance with respect to such land according to the approved plan of the project that is being executed. The funding for compensation and assistance with respect to such land shall be included in the project’s budget for compensation, the People's Committee of district or Land Development Center shall use such land as prescribed.

Article 16. Provision of compensation for land for users without documents on land use rights (specified in Article 13 of the Decree No. 47/2014/ND-CP)

1. Upon expropriation, land users who do not have documents on land use rights as prescribed but are eligible to be granted a Certificate set forth in Articles 101 and 102 of the 2013 Law on Land, Articles 20, 22, 23, 25, 27 and 28 of the Decree No. 43/2014/ND-CP shall receive compensation for land.

2. The date on which a land use right is eligible to be granted as prescribed in Clause 1 of this Article shall be the date on which an expropriation notice is issued.

3. In case the person whose land is expropriated receives compensation in cash, his/her financial obligations shall be deducted from such compensation according to the law on collection of land levy, land rent and water surface rent.

Article 17. Compensation for land among users sharing a piece of land (specified in Article 15 of the Decree No. 47/2014/ND-CP)

1. Organizations, households and individuals who are sharing a piece of land shall receive compensation according to each part of land shown in the Certificate of land use rights when the State expropriates land; in case documents proving each part of land owned by organizations, households and individuals are not available, compensation shall be provided commonly for entities sharing a piece of land. In case organizations, households and individuals have their own documents on land use rights, such documents must be issued before a land expropriation notice is issued.

2. If the compensation for land among entities sharing a piece of land is not able to be distributed or is yet to be distributed, organizations, households and individuals shall reach an agreement on the distribution of compensation for land themselves. In case of failure to reach an agreement, the parties shall file a lawsuit to handle disputes at a People’s Court within their competence. The compensation council of the project shall be responsible for determining the compensation with respect to the shared piece of land and cooperating with the representatives of organizations, households and individuals in depositing money into the bank account as prescribed.

Article 18. Provision of compensation, assistance and relocation for users of land in the area suffering environmental pollution that threatens human life; users of land susceptible to landslide and subsidence and other natural disasters threat to human life (specified in Point dd, e, Clause 1, Article 65 of the 2013 Law on Land and Article 16 of the Decree No. 47/2014/ND-CP)

1. Provision of compensation, assistance and relocation for users of land in the area suffering environmental pollution that is likely to threaten human life; users of land susceptible to landslide and subsidence and other natural disasters that impose threat to human life shall comply with regulations set forth in Article 10 of this document.

2. In case entire or part area of homestead land used by households and individuals suffers from a sudden landslide or subsidence and the remaining part is no longer usable, users thereof shall be provided with homestead land and house for relocation according to the following regulations:

a) The area eligible for relocation is the actual area but must not exceed the limit on homestead land relocation as prescribed;

b) Payment of land levy, exemption from land levy and other incentives shall comply with regulations of the Government’s Decree No. 45/2014/ND-CP on collection of land levy.

3. For the land expropriated for relocation, compensation and assistance shall be:

a) Paid by the State in case land expropriation because of a natural disaster;

b) Paid by the enterprise that caused the pollution in the expropriated land area; or paid by the State in case such enterprise is shut down or goes bankrupt.

Article 19. Compensation and assistance when the State expropriates land to execute investment projects advocated and approved by the National Assembly and the Prime Minister respectively (specified in Article 17 of the Decree No. 47/2014/ND-CP).

In case expropriation for the execution of investment projects advocated and approved by the National Assembly and the Prime Minister respectively necessitates the relocation of the entire residential community imposing impacts on life and socio-economic activities as well as cultural traditions of the community; land expropriation project related to many provinces and central-affiliated cities, the compensation and assistance shall be provided according to the policy framework for compensation, assistance and relocation decided by the Prime Minister and plan for compensation, assistance and relocation of the entire project approved by ministries.

Based on the compensation, assistance and relocation plan approved by ministries, the People’s Committee of Ho Chi Minh city shall authorize the People’s Committees of districts after the written consent of ministries that have an investment project is obtained to estimate the funding for compensation, assistance and relocation with such ministries.

Article 20. Compensation for homestead land with respect to land with ponds and gardens (specified in Article 103 of the 2013 Law on Land and Article 24 of the Decree No. 43/2014/ND-CP)

1. Land with gardens and ponds of households or individuals shall be confirmed as homestead land if such land is located within a land piece on which a house exists.

2. If a piece of land with gardens and ponds was formed before December 18, 1980, and the land user possesses one of the documents on land use rights prescribed in Clauses 1, 2 and 3, Article 100 of the 2013 Law on Land, the area of homestead land shall be determined in accordance with such documents.

In case the homestead area is not stated clearly in documents on land use rights prescribed in Clauses 1, 2 and 3 of Article 100 of the 2013 Law on Land, the homestead land area that is recognized to be exempted from land levy must not exceed 05 times the limit on homestead land allocation prescribed in Clause 2, Article 143, and Clause 4, Article 144 of the 2013 Law on Land.

3. If a piece of land with gardens and ponds was formed in the period from December 18, 1980 to before July 01, 2004, and the land user possesses one of the documents on land use rights as prescribed in Article 100 of the 2013 Law on Land and the land area is stated clearly in those documents, the homestead land area shall be determined according to those documents.

4. If a piece of land with gardens and ponds was formed in the period from December 18, 1980 to before July 01, 2004, and the land user possesses one of the documents on land use rights as prescribed in Article 100 of the 2013 Law on Land and the land area is not stated clearly in those documents, the homestead land area shall be determined as follows:

a) The homestead land with gardens and ponds with recognition limit is prescribed by the People’s Committee of Ho Chi Minh city;

b) If the piece of land is larger than the prescribed limit on homestead land recognition prescribed in Point a of this Clause, the homestead land area is equal to limit on homestead land recognition;

c) If the piece of land is smaller than the prescribed limit on homestead land recognition, the homestead land area must be determined as the entire area of the piece of land.

5. In case there are no documents on land use rights as prescribed in Article 100 of the 2013 Law on Land, and the land has been stably employed before October 15, 1993, the homestead land area shall be determined under Clause 4 of this Article. In case the land has been stably employed from October 15, 1993, the homestead land area shall be determined according to the homestead land area allocated to each household or individual as prescribed in Clause 2, Article 143, and Clause 4, Article 144 of the 2013 Law on Land.

6. After the homestead land area is determined under Clauses 2, 3, 4 and 5 of this Article, the remaining land area with gardens and ponds shall be employed for the current land use purpose under Clause 1, Article 10 of the 2013 Law on Land.

Article 21. Provision of assistance for people who are ineligible for compensation for land

For a household or individual using land is ineligible for compensation for land as prescribe in Article 5 and Article 16 of this document, based on origin, land use process, reasons for ineligibility and the date on which such land is employed, assistance shall be provided as follows:

1. For the land user who does not have documents on land use rights before July 01, 2014 but is ineligible to be granted a Certificate of land use rights and ownership of houses and other properties on land as prescribed in Clause 7, Article 20 of the Decree No. 43/2014/ND-CP, land-related assistance shall be provided as follows:

a) Regarding homestead land:

- In case of use of land prescribed in Point a, Clause 1, Article 20 of the Decree No. 43/2014/ND-CP, the land-related assistance is 100% of the price for homestead land which is the basis for determination of compensation, the area which is the basis for determination of assistance is actual area but must not exceed the limit on land location according to regulations of the People's Committee of Ho Chi Minh city; the homestead land area that exceeds the limit (if any) shall receive assistance of 100% of the price for farming land which is the basis for determination of compensation according to the approved plan.

- In case of use of land prescribed in Point a, Clause 2, Article 20 of the Decree No. 43/2014/ND-CP and documents prescribed in Clause 1, Article 82 of the Decree No. 43/2014/ND-CP the land-related assistance is 100% of the price for homestead land which is the basis for determination of compensation but must exclude the financial obligations according to the rates of collection prescribed in Point a, Clause 1, Article 7 of the Decree No. 43/2014/ND-CP the area which is the basis for determination of assistance is actual area but must not exceed the prescribed limit on land location; the homestead land area that exceeds the limit (if any) shall be eligible for an assistance equal to 100% of the price for farming land which is the basis for determination of compensation according to the approved plan.

b) Regarding land with construction works for production, commercial activities or provision of non-farming services:

In case of use of land prescribed in Point b, Clause 1 and Point b, Clause 2, Article 20 of the Decree No. 43/2014/ND-CP the land-related assistance is 100% of the price for farming land which is the basis for determination of compensation according to the approved plan but must not exceed 10,000 m² per household; assistance with remaining value of investment in land shall be provided as prescribed in Article 7 of this Decision.

c) Regarding land stably used for the agricultural purpose before July 01, 2004:

- In case a household or individual uses farming land as prescribed in Point a, Clause 5, Article 20 of the Decree No. 43/2014/ND-CP the land-related assistance is 100% of the price for farming land which is the basis for determination of compensation according to the approved plan for the land area currently in use but must not exceed 10,000m² per household. For the land area that exceeds the limit, assistance shall be provided according to the remaining value of investment in land as prescribed in Article 7 of this document.

- In case a household or individual converts farming land into non-farming land without permission, they shall receive assistance with farming land (the farming land before the conversion is carried out) according to the approved plan but the assistance must not exceed 10,000m² per household. For the land area that exceeds the limit, assistance shall be provided according to the remaining value of investment in land as prescribed in Article 7 of this document.

d) In case the current user of land acquired from transfer or inheritance or donation of land use rights has documents prescribed in Clause 1, Article 82 of the Decree No. 43/2014/ND-CP, the assistance shall be provided as prescribed in Points a, b, c, Clause 1 of this Article.

2. For the cases that is prescribed in Article 22 of the Decree No. 43/2014/ND-CP are ineligible to grant a Certificate of land use rights and ownership of houses and other properties on land to land-using household or individual that commits violations against the Law on Land, but does not receive a written warning from a competent authority, land-related assistance shall be provided as follows:

a) Regarding farming land:

- In case a household or individual using self-reclaimed farming land as prescribed in Clause 4, Article 22 of the Decree No. 43/2014/ND-CP the land-related assistance is 100% of the price for farming land which is the basis for determination of compensation according to the approved plan for the land area currently in use but must not exceed 10,000m² per household. For the remaining land area that exceeds the limit, only the remaining value of investment in land shall be provided as prescribed in Article 7 of this document.

- In case a household or individual uses land before October 15, 1993 and directly engages in agricultural production, the land-related assistance is 100% of the price for farming land which is the basis for determination of compensation according to the approved plan for the actual land area but must not exceed 10,000 m² per household; the remaining land area (if any) shall not be eligible for assistance.

- In case a household or individual uses land from October 15, 1993 to before July 01, 2004 and directly engages in agricultural production, the land-related assistance is 80% of the price for farming land which is the basis for determination of compensation according to the approved plan for the actual land area but must not exceed 10,000m² per household; the remaining land area (if any) shall not be eligible for assistance.

- In case a household or individual uses land from July 01, 2004 to before July 01, 2014, they shall not be eligible for assistance.

b) Regarding homestead land:

- In case a household or individual uses land as homestead land before October 15, 1993, the assistance is 40% of the price for homestead land which is the basis for determination of compensation, the area eligible for assistance is actual area but must not exceed the limit on land location according to regulations of the People's Committee of Ho Chi Minh city; the homestead land area that exceeds the limit (if any) shall be eligible for an assistance equal to 60% of the price which is the basis for determination of compensation according to the approved plan for the actual land area but must not exceed 10,000 m² per household; the remaining land area (if any) shall not be eligible for assistance.

- In case a household or individual uses land as homestead land from October 15, 1993 to July 01, 2004, the land-related assistance shall be 30% of the price for homestead land which is the basis for determination of compensation, the area eligible for assistance is actual area but must not exceed the prescribed limit on homestead land location; the homestead land area that exceeds the limit (if any) shall be eligible for an assistance equal to 50% of the price for farming land which is the basis for determination of compensation according to the approved plan for the actual land area but must not exceed 10,000 m² per household; the remaining land area (if any) shall not be eligible for assistance.

- In case a household or individual uses land as homestead land from July 01, 2004 to before July 01, 2014, they shall not be eligible for assistance.

c) Regarding land with construction works for business, production, commercial activities or provision of non-farming services of a household or individual committing violations against the Law on Land from July 01, 2004 to before July 01, 2006, only remaining value of investment in land shall be provided as prescribed in Article 7 of this document.

3. In case land that was rivers, canals, springs and special-use water surface is illegally occupied and repurposed, assistance shall be provided as follows:

a) For the illegally occupied land that was small ditches located in residential areas and not under the management of the competent authorities, and the leveling does not impact the water drainage in the area, assistance shall be provided in accordance with Points a, b, c, Clause 2 of this Article in terms of illegal occupation of homestead land and farming land by the land use time.

b) For the cases where an illegally occupied or filled canal is currently used for water drainage, that canal must be restored, only assistance shall be considered in accordance with according to Point b, Clause 2, Article 25 of this document in terms of illegal construction of houses and works on canals and rivers.

4. In case households and individuals have a Certificate of farming land use right but convert land use purpose without permission in case permission is required as prescribed by the law in land; are yet to obtain permission from a competent authority, but actually use the land to build houses before 01 July, 20014 (prescribed in Point a, Clause 3, Article 22 of the Decree No. 43/2014/ND-CP), the assistance shall be provided according to the land use time prescribed in Point a, Clause 1 of this Article.

5. In case households and individuals use houses and land that has an area smaller than the minimum area prescribed in Article 39 of this document or is repeatedly cleared, are disadvantaged, are ineligible to establish a new residence, the President of the People’s Committee of district shall consider and propose an assistance measure and submit it to the People’s Committee of Ho Chi Minh city for decision.

Article 22. Provision of assistance when the State expropriates land (specified in Articles 83, 84 of the 2013 Law on Land and Articles 20, 21 of the Decree No. 47/2014/ND-CP)

1. Rules for provision of assistance when the State expropriates land:

a) Upon land expropriation, in addition to receiving compensation in accordance with regulations of this document, land users shall also be considered receiving assistance from the State;

b) The assistance must be provided in an impartial, equal, timely, public and manner and comply with regulations of law.

2. The assistance upon land expropriation includes:

a) Assistance in life and business settlement;

b) Assist in training, career change and job hunting in case of expropriation of farming land of households and individuals directly involved in agricultural production; or in case of expropriation of land used for both residential and business purposes that results in relocation of a household or individual;

c) Assistance in relocation in case of expropriation of homestead land that results in relocation of a household, individual or overseas Vietnamese citizen;

d) Other assistance.

3. Provision of assistance in training, career change and job hunting for households and individuals upon land expropriation:

a) For a household or individual directly involved in agricultural production, when the State expropriates farming land and farming land is not available for compensation, in addition to receiving compensation in cash, they are provided with assistance in vocational training, career change and job hunting.

In case the person who is entitled to assistance in training, career change and job hunting is in the working age and wishes to receive training, he/she may be admitted to vocational training centers; provided with consultancy on job hunting and preferential loans to develop business.

b) For a household or individual who uses land for both residential and business purposes, whose main source of income derives from business and who has to relocate when the State expropriates land is entitled to preferential loans to develop business. People whose land is expropriated and who are in the working age shall be provided with assistance in training, career change and job hunting.

c) Based on the annual land use plan, the People’s Committees of districts shall be responsible for preparing and implementing a plan for provision of assistance in training, career change and job hunting for people whose expropriated land is farming land or is used for both residential and business purposes. The plan for training, career change and job hunting shall be prepared and approved at the same time as the plan for compensation, assistance and relocation.

During the preparation of a plan for training, career change and job hunting, the People’s Committees of districts shall request comments and shall be responsible for explaining and considering comments from people whose land is expropriated.

4. Provision of assistance in training, career change and job hunting for households and individuals upon expropriation of farming land of households and individuals directly involved in agricultural production:

 A household or individual prescribed in Points a, b, c and d, Clause 1, Article 19 of the Decree No. 47/2014/ND-CP (excluding the household or individual is the state-owned agricultural or forestry plantations’ official or employee who is retired, stops working due to working capacity loss or leaves employment on benefit) is directly involved in agricultural production when the State expropriates land, they shall receive compensation in cash for the area of expropriated farming land, and assistance in training, career change and job hunting according to the approved plan for training; or assistance with cash that must not exceed 05 times the price for farming land of the same type according to the local land price schedule, for the entire area of expropriated farming land; the area for which assistance is provided must not exceed the limit on farming land allocation.

The specific assistance shall be decided by the People’s Committee of Ho Chi Minh city according to the proposal submitted by the People's Committee of district that submits the price for farming land which is the basis for determination of compensation.

5. Assistance in training, career change and job hunting in case of expropriation of land used for both residential and business purposes that results in relocation of a household or individual:

A household or individual who has to relocate in case of expropriation of land used for both residential and business purposes shall be provided with assistance in training, career change and job hunting according to the approved plan for training.

6. Request the Department of Labor, War Invalids and Social Affairs to cooperate with the People’s Committee of district in giving instructions and implementing the plan for provision of assistance in training, career change and job hunting for households and individuals as prescribed in Clauses 3, 4, 5 of this Article.

Chapter III

COMPENSATION AND ASSISTANCE IN THE FORM OF PROPERTY ON LAND

Article 23. Rules for compensation for loss of property and loss incurred due to the suspension of business when the State expropriates land (specified in Articles 88, 89 of the 2013 Law on Land and Article 9 of the Decree No. 47/2014/ND-CP)

1. For houses and land-attached construction works of a household, individual or overseas Vietnamese citizen, if they are entirely or partially dismantled when the State expropriates land, their owners shall receive a compensation equal to the value of a new house according to the list of investment rates imposed by the People’s Committee of Ho Chi Minh city; in case a part is dismantled, but the remaining part fails to meet the technical standard and regulation prescribed in law, the owners shall receive a compensation equal to the value of a new house according to the list of investment rates in construction of works imposed by the People’s Committee of Ho Chi Minh city; in case the remaining part of houses and works still meets the technical standard and regulation prescribed in law, the compensation must be provided according to the actual loss.

2. When the State expropriates land, if an organization, household, individual, overseas Vietnamese citizen or foreign-invested enterprise has to suspend their business, which causes them loss, they shall receive compensation for the loss.

3. For other land-attached works that are being used and is not regulated in Clause 1 of this Article, the compensation shall be provided according to the value of a new construction work with the same technical standard prescribed by special legislation.

Article 24. Cases ineligible for compensation for property on land when the State expropriates land (specified in Article 92 of the 2013 Law on Land)

1. The property on land regulated in Points a, b, c, d, dd, e and i, Clause 1, Article 64 and Points b and d, Clause 1, Article 65 of the 2013 Law on Land.

2. The property on land which is illegally created or created after a land expropriation notice is issued by a competent authority.

3. Technical infrastructure, social infrastructure and other construction works which are no longer in use.

Article 25. Compensation for houses, works and other architectures owned by households and individuals

1. Regarding compensation:

a) For the house and work with lawful and valid documents, the compensation is 100% of the value of construction according to the list of investment rates in construction of works in Ho Chi Minh city imposed by the People’s Committee of Ho Chi Minh city.

b) For the house and work on land that is eligible for compensation in the form of homestead land as prescribed in Articles 5, 16 of this document and built before July 01, 2006, the compensation is 100% of value of construction according to the list of investment rates in construction of works.

c) For the house and other construction works that are partially dismantled and the remaining part is no longer usable, the entire house or works shall be eligible for compensation; in case house or other construction works are partially dismantled but still exist and are usable, compensation shall be provided for the value of the dismantled part and the expenditures on repair and completion shall be provided as follows: if the house is partially dismantled and the clearance line that dividing the floor and the beam between the two bearing columns, the structure from the clearance line to the nearest bearing column of the work that must be dismantled shall be eligible for compensation; an assistance of 50% of the rates of construction (according to the rates applicable to the dismantled work) multiplied (x) by the facade area of the work shall be provided for repair and completion.

2. Regarding assistance:

For houses and construction works of households and individuals, the assistance shall be provided as follows:

a) The house or construction work of a household or individual is ineligible for compensation for land but eligible for assistance as prescribed in Article 21 of this document. Depending on the construction time, the assistance shall be provided as follows:

- For the house and work that is eligible for assistance in land according to Point a, Clause 1, Article 21 and built before July 01, 2006, the assistance is 80% of value of construction according to the list of investment rates in construction of works in Ho Chi Minh city imposed by the People’s Committee of Ho Chi Minh city.

- For the house and work that is only eligible for assistance in land according to Point b, Clause 2, Article 21, the assistance is equivalent to the assistance provided according to the land use time, to be specific:

+ For the house and other construction works built before October 15, 1993, the assistance is 70% of the value of construction;

+ For the house and other construction works built in the period from October 15, 1993 to before July 01, 2004, the assistance is 50% of the value of construction;

+ For the house and other construction works built in the period from July 01, 2004 to before July 01, 2006, the assistance is 30% of the value of construction.

b) For the house and construction work illegally built on a river or canal; and house that is built partially on land and partially on the canal, the assistance shall be provided as follows:

For the house and work that is only eligible for assistance in land according to Clause 3, Article 21 of this document, the compensation, assistance and relocation council of the project shall prepare a plan according to the list of investment rates in construction of works in Ho Chi Minh city imposed by the People’s Committee of Ho Chi Minh city to deal with the assistance in relocation as follows:

- For the house and construction work built before October 15, 1993 and has to be entirely relocated, the assistance is 70% of the value of construction;

- For the house and construction work built in the period from October 15, 1993 to before July 01, 2004 and has to be entirely relocated, the assistance is 50% of the value of construction;

- For the house and construction work built in the period from 01 July, 2004 to before July 01, 2006, the assistance is 30% of the value of construction;

- The construction area eligible for assistance shall be the actual area but must not exceed 100m² per household; the remaining land area (if any) shall not be eligible for assistance.

c) Houses and construction works of households and individuals that were built from 01 July, 2006 onwards shall not be eligible for assistance.

3. Regarding houses and works with a temporary construction license:

a) In case the house and other works are built by a household or individual and are granted a construction license as prescribed in Point a, Clause 1, Article 8 of the document enclosed with the Decision No. 68/2010/QD-UBND dated September 14, 2010 of the People’s Committee of Ho Chi Minh city on the temporary construction license and the investor must make a commitment and dismantle the house or construction works without any conditions when the State implements the planning, but expropriates land for the execution of the project while the duration of the planning is yet to expire, the assistance shall be provided as follows:

- For the house that is granted a license for the temporary construction on the old land (like the old status) and land that is homestead land (recognized), the assistance is 80% of value of construction according to the list of investment rates in construction of works;

- In case the construction license or land use planning does not include the duration of the implementation of planning, the assistance is 80% of value of construction;

- For the house granted a license for temporary construction on other types of land, the assistance is 70% of the value of construction;

b) In case of temporary construction according to Articles 2, 3 of the document enclosed with the Decision No. 21/2013/QD-UBND dated June 28, 2013 of the People’s Committee of Ho Chi Minh city elaborating some issues about licensing construction in Ho Chi Minh city, assistance in houses and construction works shall be provided as prescribed in the Decision No. 21/2013/QD-UBND.

c) In case of construction with a certain duration according to Article 2 of the document enclosed with the Decision No. 27/2014/QD-UBND dated August 04, 2014 of the People’s Committee of Ho Chi Minh city elaborating some issues about licensing construction in Ho Chi Minh city, assistance in houses and construction works shall be provided as prescribed in the Decision No. 27/2014/QD-UBND.

4. In case the households and individuals that use land for commercial, service, non-agricultural purposes and are eligible for assistance prescribed in Point b, Clause 1, Article 21 of this document have factories, works or architecture serving business, the compensation for factories shall be provided as prescribed in Article 26 of this document.

5. For the houses and other construction works prescribed in Clauses 1, 2, 3 of this Article, after the audit and confirmation of area, status or payment, users thereof shall dismantle, transfer empty land and may use all of the dismantled materials. In case the users do not dismantle the construction and transfer the empty land themselves, the compensation council of the project shall do it as prescribed and sell the dismantled materials (if any) and transfer the revenue to the State budget.

Article 26. Compensation for houses, works and architectures that are being used by regulatory authorities and other organizations

1. Factories, works and other architectures that are legally built or have with valid documents:

a) In case a house, factory, work and other architectures can be dismantled, transported, and reinstalled, the compensation is 100% of the expenditures on dismantling, transport and reinstallation and loss incurred during the process, and compensation shall be determined by the compensation council of the project according to the estimate made as prescribed at the request of the affected organization

b) In case a house, factory, work and other architectures cannot be dismantled, relocated, and reinstalled upon expropriation, the compensation shall be provided as follows:

- In case of relocation of entire house, factory, work and architecture, the compensation is 100% of the actual loss (the actual loss is determined according to the percentage (%) of remaining quality of such house, factory, work and architecture multiplied (x) by the facade area, multiplied (x) by the new rates of construction according to the list of investment rates in construction in Ho Chi Minh city imposed by the People’s Committee of Ho Chi Minh city). In case the actual loss of a house, factory, work and architecture that is eligible for compensation is below 60% of the value of construction of a new one, extra funds shall be provided so that the total compensation and assistance is 60% of the value of construction of a new house and work that is in use.0}

- In case the house, factory or work that is partially dismantled and the remaining part is no longer usable, the entire house, factory or work is eligible for compensation; in case the house, factory or work that is partially dismantled and the remaining part is usable, the dismantled part is eligible for compensation according to the abovementioned regulation and an extra funds shall be provided for repair and completion of the remaining part according to technical standards applied to a house, factory or work before it is dismantled. Such extra fund is determined by the compensation council of the project and submitted to the People's Committee of district for decision, however, the total extra compensation and assistance must not exceed 100% of the value of construction of the dismantled structure.

c) For the house, factory, work or other architectures of the equitized State-owned enterprise, the compensation and assistance shall be provided as follows:

- In the relocation can be carried out, compensation shall be provided as prescribed in Point a of this Clause;

- In case the relocation cannot be carried out, compensation shall be provided as follows:

+ If the actual loss of a house, factory, work or architecture that is eligible for compensation according to Point b of this Clause is smaller than the property value included in the enterprise value upon its equitization, the compensation shall be provided according to the property value included in the enterprise value upon equitization.

+ If the actual loss of a house, factory, work or artitecture that is eligible for compensation according to Point b of this Clause is greater than than the property value included in the enterprise value upon equitization, the compensation shall be provided according to Point b of this Clause.

2. Houses, factories, works and other architectures of construction organizations without valid documents:

a) For the house, factory, work and other architectures that are built in conformity with land use plan and planning, inside the technical infrastructure safety corridors and before July 01, 2004;

- In case a house, factory, work or other architectures can be dismantled, transported and installed upon expropriation, the assistance is 80% of the expenditures on dismantling, transport and reinstallation and shall be determined by the compensation council of the project according to the estimate made as prescribed at the request of the affected organization.

- In case a house, factory, work or other architectures cannot be dismantled, transported, and reinstalled upon expropriation, the assistance is 80% of the compensation and assistance prescribed in Point b, Clause 1 of this Article.

b) For a house, factory, work or architecture that is built before July 01, 2004 and violates land use planning or technical infrastructure safety corridors:

- In case a house, factory, works or other architectures can be dismantled, transported and installed upon expropriation, the assistance is 60% of the expenditures on dismantling, transport and reinstallation and loss incurred during the process shall be determined by the compensation council of the project according to the estimate made as prescribed at the request of the affected organization.

- In case a house, factory, work or other architectures cannot be dismantled, transported, and reinstalled upon expropriation, the assistance is 40% of the compensation and assistance prescribed in Point b, Clause 1 of this Article.

c) In case of a house, factory, work or other architectures that is being built from July 01, 2004 onwards or after built a competent authority issues a notification that its construction is not permitted, the compensation and assistance shall not be provided, the organizations having the work illegally built shall dismantle themselves and bear the expenditures on dismantling in case a competent authority dismantles.

3. Based on the regulations specified in Clauses 1, 2 of this Article, the compensation council of the project shall determine the expenditures on compensation and assistance as follows:

a) For the property included in the list of investment rates in construction of works in Ho Chi Minh city imposed by the People’s Committee of Ho Chi Minh city as the basis for determination of compensation: the compensation, assistance and relocation council of the project shall carry out inspection and determine the volume of property that is lost or has to be relocated and expenditures on compensation and assistance in property according to the approved compensation and assistance plan and policy;

b) For special property that is not included in the list of investment rates in construction of works in Ho Chi Minh city imposed by the People’s Committee of Ho Chi Minh city: the Department of Construction shall be responsible for giving instructions.

4. The compensation council of the project shall be responsible for determining the value of the expropriated materials of houses, works and other architectures and deducting it from the estimate of expenditures on compensation and assistance provided for the relocated organization; the relocated organization may reuse all materials and equipment after the deduction; in case the relocated organization refuses or does not request to reuse all expropriated materials, the deduction shall not be made, the compensation council of the project shall be responsible for expropriating materials, liquidating them and transfer the revenue to the State budget as prescribed.

5. For the state-owned administrative agencies, service providers, schools, health centers, etc.:

a) In case part area of land is expropriated and part of an architecture is dismantled, the compensation council of the project shall prepare an estimate of the expenditures on dismantling and building a new one equivalent to the old structure or status or provide compensation in cash in order for the affected organization to build a new one equivalent to the dismantled structure.

b) In case the expenditures on dismantling and building a new one are equivalent to the expenditures on compensation and assistance according to the list of rates of investment in construction of works in Ho Chi Minh city imposed by the People’s Committee of Ho Chi Minh city, the compensation and assistance shall be provided as prescribed and provide compensation in cash in order for affected organization to build a new one equivalent to the dismantled structure.

c) In case of relocation of entire architecture, the compensation and assistance shall be provided as prescribed and the compensation and assistance provided for units under the management of Ho Chi Minh city shall be deposited to the imprest account of the Department of Finance and State Treasury of Ho Chi Minh city (the units under the management of central government shall follow the instructions given by the Ministry of Finance); the unit whose investment project on construction and renovation of a new work place is approved by a competent authority shall use the compensation for houses and construction works in order to execute the investment project but such compensation must not exceed the prescribed compensation; the remaining amounts (if any) shall be transferred to the State budget as prescribed by the Law on the State budget.

6. For the cultural works, historical relics, churches, temples, pagodas, etc. and religious institutions that are under the management of Ho Chi Minh city or central government and must be relocated under the decision of the People's Committee of Ho Chi Minh city, the compensation council of the project shall prepare a compensation, assistance and relocation plan and submit it to the President of People's Committee of district for approval. In case of difficulties, the People’s Committee of district shall report and propose such to the People's Committee of Ho Chi Minh city for consideration and decision.<.

7. In case other agencies, units and organizations are using houses or works subleased by the State, they shall terminate the contract, the assistance in architectures and other properties on land shall be considered and provided for other agencies, units and organizations (if well founded) that are leased out houses and works by the State.

8. The construction work that is damaged and must be dismantled to build a new one according to the project or work that is in danger of collapsing in Ho Chi Minh city, in all forms of ownership as prescribed in law, shall comply with regulations of the Decision 52/2005/QD-UB dated March 30, 2005 and relevant amending documents of the People's Committee of Ho Chi Minh city.

9. The compensation and assistance in houses, factory, and other construction works shall be directly provided for units (except cases specified in Point b, Clause 5 of this Article) for investment in a new establishment according to the investment project approved by a competent authority.

Article 27. Compensation for plants and domestic animals (specified in Article 90 of the 2013 Law on Land)

1. In case the plants are lost when the State expropriates land, the compensation shall be provided according to the following regulations:

a) Regarding annual plants, the compensation is equal to the output value of the harvest. The output value of the harvest is the highest yield of the harvests in the preceding 3 years of the local main plant and the average price at the time of land expropriation;

b) Regarding perennial plants, the compensation is equal to the current value of the planting area at the local price at the time of the land expropriation, excluding the value of land use rights;

c) Regarding plants which are yet to be harvested but can be relocated to another location, compensation for relocation and actual loss due to the relocation and replanting must be provided;

d) Regarding planted forests funded by the State budget and regarding natural forests allocated to organizations, households and individuals for planting, management, growing or protection, compensation shall be provided according to the value of the actual loss; the compensation shall be distributed to people who manage, grow and protect the forests in accordance with the law on forest protection and development.

The value of plants shall be calculated according to the unit prices for plants imposed by the People's Committee of Ho Chi Minh city.

2. In case the aquatic livestock is lost when the State expropriates land, the compensation shall be provided according to the following regulations:

a) Regarding the aquatic livestock which are due to be harvested at the time of land expropriation, compensation shall not be provided;

b) Regarding the aquatic livestock which are not due to be harvested at the time of land expropriation, compensation for the early harvest shall be provided. In case the aquatic livestock can be relocated to another location, a compensation for relocation and loss due to the relocation and replanting must be provided, but the maximum compensation must not exceed 30% of the total compensation rate for domestic animals.

Article 28. Compensation for relocation when the State expropriates land (specified in Articles 91 of the 2013 Law on Land and Articles 23 of the Decree No. 47/2014/ND-CP)

1. Property must be relocated upon land expropriation, the State shall provide a compensation for dismantling, transport and installation; in case machines and production lines must be relocated, compensation for loss upon dismantling, transport and installation shall be provided.

2. The compensation shall be provided as follows:

a) For the prefabricated houses and construction works, the compensation for dismantling, relocation and installation and loss incurred during the process is 30% of the unit prices for construction of a new house and work with the same technical standards;

b) The organization or individual that is allocated land or leased out land by the State or are using lawful land when the State expropriates land must relocate their production and business establishments, the compensation for dismantling, transport, reinstallation of machines and production lines shall be provided, the investor or the organization performing their tasks related to compensation and land clearance shall estimate or hire a consultancy unit to prepare an estimate of the expenditures on relocation, installation and reconstruction and submit it to the president of the compensation council of the project for approval, which then acts as a basis for compensation and assistance; the expenditure on hiring a consultancy unit shall be included in the funding for compensation (budgets: 2%).

3. The house and construction work that is not regulated in Point a, Clause 2 of this Article must be relocated from an old residence to a new residence, the compensation for relocation shall be provided as follows:

a) A household or individual that has to relocate from an old residence to a new residence or dismantle the entire house shall receive a compensation equal to VND 6,000,000 per household. A household or individual that has documents proving their relocation to another province or city shall receive a compensation equal to VND 10,000,000 per household.

b) A household or individual that is leasing a house that is not owned by the State has to relocate when the State expropriates land shall have the relocation expenditures reimbursed. Based on local conditions, the president of People’s Committee of district shall decide a reasonable assistance that must not exceed the assistance prescribed in Point a of this Clause.

4. Each person whose homestead land is expropriated is eligible for relocation assistance or who has to dismantle his/her entire house, he/she shall be provided with a temporary residence or receive an assistance to rent a residence; time and specific assistance shall comply with regulations imposed by the People’s Committee of Ho Chi Minh city.

Article 29. Compensation for other properties (technical infrastructure)

1. Regarding rules for compensation:

a) The compensation is equal to the value of construction of a new work with the same structure and technical standards as the work that needs to be relocated.

- The work with the same technical standards is a work with the same scale, structure and technical features as the status of the work that needs to be relocated;

- The value of construction of a new one is the expenditures necessary for construction of a work with the same structure and technical standards and is determined according to the current prices at the time of assessment and approval of compensation plan.

b) For a work or technical infrastructure items that can be dismantled, relocated , reinstalled and used, upon relocation and reconstruction, only compensation for dismantling, transport, installation and loss upon dismantling, transport and installation shall be provided.

c) For the unusable works, the compensation shall not be provided.

2. Outline and content of the relocation and assistance plan:

a) Describe the legal grounds related to the investment project, the documents related to the technical infrastructure that has to be relocated; summarize the scale and status of the work. Specify the value of initial investment and the value depreciated by the time of the relocation according to documents of the work that has to be relocated.

b) Determine the total expenditures on compensation and assistance according to the following formula:

The total expenditures on compensation and assistance = (1) + (2) + (4) - (3); where:

- (1): the compensation for technical infrastructure that has to be relocated, can or cannot be dismantled, relocated and reinstalled according to the abovementioned rules for compensation.

- (2): the expenditures on temporary relocation if any.

- (3): the value of materials and equipment expropriated as prescribed.

- (4): the expenditure on survey and other expenditures related to the preparation and assessment of the compensation and assistance plan according to applicable regulations.

3. Implementation:

a) The investor shall:

- submit a written notice about the scope of land clearance and relevant documents to the supervisory authorities responsible for the technical infrastructure that has to be relocated when creating a basic design and setting up an investment project in order to cooperate with each other in preparing a plan and capital source for relocation.

- cooperate with the supervisory authorities in compiling a dossier on compensation and organizing the implementation;

- verify whether the volume of relocation works is within the scope of construction planning of the main project;

- consider the estimate of the expenditures on compensation and assistance made by the supervisory department in accordance with Clauses 1, 2 of this Article and submit it to the supervisory authorities for approval;

- sign a contract and provide (lump sum) compensation and assistance for the supervisory authorities responsible for the work that has to be relocated according to the relocation assistance and compensation plan (without provision) that is approved by a competent authority.

b) The supervisory authorities responsible for the technical infrastructure that has to be relocated shall:

- prepare a relocation assistance and relocation and carry out the relocation and land clearance in accordance with the prescribed procedures and time.

- provide all relevant documents for the investor of main project;

- invest in construction of a new work according to regulations on construction and investment management;

- take responsibility for the volume of relocation work;

- have the right to reuse all expropriated materials and equipment after deducting the value of expropriation from the estimated expenditure on compensation and assistance (if any);

- establish procedures for increase and decrease in property applicable to the work that is relocated - reconstructed and inform the unit in charge thereof.

c) The supervisory departments responsible for technology shall:

- determine works or technical infrastructure items eligible for compensation and assistance upon relocation; works or work items eligible for compensation for dismantling, transport, installation and loss upon dismantling, transport and installation; works or work items ineligible for compensation and assistance when they must be relocated as prescribed;

- establish procedures and plan for estimate of expenditures on compensation and assistance in accordance with regulations and giving instructions for technical infrastructure management units on this.

- determine the value of expropriated materials and equipment as prescribed and deducting it from the estimate of expenditures on compensation and assistance provided for the unit whose technical infrastructure has to be relocated;

- approve the estimate of the expenditures on provision of compensation and assistance of works and technical infrastructure works submitted by the investor within twenty (20) working days from the day on which a valid application is received; the Decision on approval of estimate of supervisory department responsible for technology serves as a basis for allocation and settlement and finalization (work packages) of funding for compensation for relocation of technical infrastructure.

d) Assign supervisory departments responsible for technology to give instructions, assess and approve the estimate of expenditures on compensation and assistance in relocation and installation of technical infrastructure according to the State’s applicable regulations on management of investment projects, to be specific:

- The Department of Transport: assess and approve the estimate of traffic works, water supply and drainage works, and public lighting works;

- The Department of Agriculture and Rural Development: assess and approve the estimate of irrigation and dyke works, and agricultural - forestry - fishery works;

- The Department of Industry and Trade: assess and approve the estimate of electrical works;

- The Department of Natural Resources and Environment: assess and approve the estimate of wastewater treatment works and waste treatment works (dumps and landfills);

- The Department of Information and Communications: assess and approve the estimate of information technology, post and telecommunications works, telecommunications, radio and television broadcasting and receiving towers.

4. For the relocation of electrical grid of main projects with urgency or projects with request of synchronous execution, electrical grids and substations of enterprises and relocation items and improvement of high voltage grid, investors of the main projects shall be responsible for relocating and reestablishing. After relocation and reconstruction of electrical grid, investors of the main projects shall be responsible for transferring it to the electricity sector and requesting the electricity industry to depreciate and return the difference between the relocated and reestablished electrical grid and existing electrical grid as prescribed (excluding the electrical grid and substations of enterprises and high voltage grid).

5. The expense for assessment of the application for compensation: equal the expense for assessment and verification of design of construction works under the guidance of the Ministry of Finance.

6. In case of telephone system, water meters, electricity meters, television cable, internet (subscriber), wells, the compensation shall be provided as follows:

a) Telephone (subscriber): the compensation shall be provided according to the prices for installation of a new one imposed by the service provider or expenditure on relocation carried out by the service provider;

b) One (01) phase and three (03) phase main galvanometers: the compensation shall be provided according to the statistics of the regional electricity authorities.

Auxiliary galvanometers (installed by users): the owners shall recover themselves, the compensation and assistance shall not be provided;

c) Water meters (subscriber): the compensation shall be provided according to the prices for installation of a new one or expenditure on relocation carried out by the water supply management unit;

Auxiliary water meters (installed by users): the owners shall recover themselves, the compensation and assistance shall not be provided;

d) Television cable and internet: the compensation shall be provided according to the prices for installation of a new one or expenditure for relocation carried out by the service provider.

dd) Drilled wells, wells excavated by hand: the compensation shall be provided according to the actual expenditures prescribed by the local government.

(The specific price for each time shall be determined by the compensation council of the project at the price imposed by the supervisory authority).

Article 30. Compensation and assistance in relocation and construction of new graves (specified in Article 18 of the Decree No. 47/2014/ND-CP)

The compensation for relocation of graves and construction of a new one and other reasonable expenditures shall be provided according to the following regulations:

1. Based on the local planning, the People’s Committee of district shall arrange burial sites as prescribed. In addition, for the household that relocates graves to the land area provided by the State, the compensation shall be provided as follows:

a) Compensation for relocation of graves:

- Earth graves: VND 5,000,000/grave;

- Simple and laterite graves: VND 6,000,000/grave;

- Semi-solid graves: VND 8,000,000/grave;

- Solid graves: VND 10,000,000/grave;

- Exhumation graves: VND 4,000,000/grave;

b) For the extremely solid grave or grave with complex architectures, the compensation for relocation shall be considered and proposed by the compensation council of the project. The council shall submit the proposal to the president of the People’s Committee of districts for decision.

2. In case there is no land for burial or the household is able to find land themselves for relocation of graves, the household shall receive compensation for relocation according to Clause 1 of this Article and receive a land assistance equal to VND 10,000,00/grave.

3. Assistance in land and expenditure on exhumation:

For the grave located in the land area of house and grave located in the cemetery owned by a family, the compensation for land shall be provided as follows:

a) In case the land area for grave is within the land area where house is located, the assistance is 60% of the price for homestead land which is the basis for determination of compensation.

b) In case the land area for grave is within the land area where house is located, the assistance is 30% of the price for homestead land which is the basis for determination of compensation.

The area eligible for assistance is the actual area but must not exceed 4m²/grave. In addition, extra funds shall be provided for exhumation as prescribed in Clause 1 of this Article.

4. For the unidentified graves, the compensation council of the project shall contract with a funeral service company in relocation and exhumation of graves (after the grave relocation notice is issued) according to the actual expenditure and handle the remains as prescribed.

Article 31. Compensation for limited uses of land, loss of property on land with respect to land in safety corridors (specified in Article 10 of the Decree No. 47/2014/ND-CP)

When the State constructs public, national defense and security works with safety corridors without expropriating the land in safety corridors, the land user shall receive compensation for limited uses of land and loss of property on land according to the following regulations:

1. In case of change of land use purpose:

a) For changes in land use purpose from homestead land to non-farming land that is not homestead land or from homestead land to farming land, compensation for losses shall be determined as follows:

Tbt = (G1 - G2) x S

Where:

Tbt: The compensation;

G1: Average price for homestead land per m²;

G2: Average price for non-farming land that is not homestead land or average price for farming land per m²;

S: Area of land subject to change of land use purpose;

b) For changes in land use purpose from non-farming land that is not homestead land to farming land, compensation for losses shall be determined as follows:

Tbt = (G3 - G4) x S

Where:

Tbt: The compensation;

G3: Average price for non-farming land that is not homestead land per m2;

G4: Average price for farming land per m2;

S: Area of land subject to change of land use purpose.

2. Compensation for limited uses of land, loss of property on land with respect to land that is in safety corridors

a) Compensation for land in the electrical grid safety corridor:

- If the homestead land and other types of land that are eligible for compensation, are in the same piece of homestead land in the aerial cable safety corridor, are not subject to land expropriation, do not change land use purpose but are limited to uses, the land user shall receive a compensation (lump sum) for land equal to 80% of the price for land of the same type.

- If the requirements applied to homestead land specified in Point a of this Clause are not fully satisfied, an assistance of 30% of assistance provided when the requirements are fully satisfied shall be provided.

- For the farming land for perennial plants and production forest land that are in the aerial cable safety corridor, the land user shall receive an assistance of 30% of the price for land for perennial plants and production forest land according to the approved plan due to limited uses of land as prescribed in Clause 2, Article 19 of the Government’s Decree No. 14/2014/ND-CP dated February 26, 2014 elaborating the Law on Electricity regarding electricity safety.

b) Compensation for construction works in the electrical grid safety corridor:

- In case a construction work of a household or individual is located inside the aerial cable safety corridor and is built on the land eligible for compensation for land, before the day a notice about execution of the high voltage grid project approved by a competent authority is issued, a compensation equal to 70% of new rates of compensation for construction of a new work imposed by the People’s Committee of Ho Chi Minh city shall be provided;

- In case a construction work of a household or individual is built on the land ineligible for compensation for homestead land, before the day a notice about execution of the high voltage grid project approved by a competent authority is issued, a compensation equal to 30% of new rates of compensation for construction of a new work imposed by the People’s Committee of Ho Chi Minh city shall be provided;

c) Compensation for plants that are inside and outside the aerial cable safety corridor:

- If the plants that exist before the land expropriation notice is issued for execution of the project and are inside the aerial cable safety corridor must be cut, and new plants are banned from growing as prescribed in Clause 3, Article 12 of the Decree No. 14/2014/ND-CP, the compensation shall be provided as prescribed in Clause 1, Article 27 of this Decree.

- If the plants that exist before the land expropriation notice is issued for execution of the project and are inside the aerial cable safety corridor are not cut, and new plants are not banned from growing as prescribed in Clause 3, Article 12 of the Decree No. 14/2014/ND-CP or the plants that are outside the corridor are likely to violate the safety distance as prescribed in Clause 2, Article 12 of the Decree No. 14/2014/ND-CP, the management and operation unit may inspect and cut plants to ensure safety of the aerial cable and receive a lump sum assistance equal to 30% of the compensation of the same plant.

3. In case of limited uses of land or limited construction due to construction of expressways or underground traffic works or other limitations according to regulations of the work approved by a competent authority, the compensation shall be provided as prescribed in Points a, b, c, Clause 2 of this Article. In case of difficulties, the People’s Committee of district shall report and propose such to the People's Committee of Ho Chi Minh city for consideration and decision.

4. The homestead land area eligible for compensation due to limited uses is the actual land that is inside the safety corridor.

5. Compensation for relocation:

In addition to the compensation and assistance prescribed in Points a, b, c, Clause 2 of this Article, if the house owner finds a new homestead land himself/herself and wishes to relocate the house from electrical grid safety corridor, he/she shall carry out the relocation himself/herself and receive a relocation assistance according to this document.

6. The funding for provision of compensation and assistance as prescribed in this Article is granted from investment capital of the investor of the work.

Chapter IV

COMPENSATION FOR STATE-OWNED HOUSES

Article 32. Relocation and clearance of state-owned houses (specified in Article 14 of the Decree No. 47/2014/ND-CP)

Before land is expropriated as prescribed for execution of the project, the People’s Committee of district shall be responsible for cooperating with a Housing Management Company or housing allocation unit in issuing a notice or decision on the termination of housing lease and allocation; the tenant of a state-owned house shall receive compensation and assistance as follows:

1. The provision of compensation for houses and works for the tenant of a state-owned house that is expropriated shall comply with the following regulations:

a) The tenant of a state-owned house in a expropriated land shall receive a compensation for repair or renovation of the house equal to 100% of the value of construction according to the list of rates of investment in construction of works imposed by the People’s Committee of Ho Chi Minh city but shall not receive compensation for the illegally expanded area (if any).

b) The tenant of a state-owned house that is dismantled may lease a house in relocation area with a rent equal to that for a state-owned house; the leased house in relocation area shall be sold to the tenant according to the Government’s regulations on sale of state-owned houses to tenants with the same price as the price for old state-owned house with respect to the area stated in the old house lease contract, with respect to the expanded area, the price for recovery of investment shall be applied. In case relocation houses are not available, the tenant of a state-owned house shall receive an assistance to find a new residence himself/herself; the assistance is 60% of the value of land and 60% of the value of the leased house.

c) The land area eligible for compensation and assistance:

- The land area eligible for assistance is the actual area or the area that is stated in the granted documents but must not exceed the prescribed limit on homestead land allocation; the area that exceeds the limit shall be eligible for the same assistance as the area within the limit but the land levy must be deducted as prescribed in Point c, Clause 3, Article 3 of the Decree No. 45/2014/ND-CP;

- In case the area is not clearly stated in the valid documents or the actual area that is being used is different from the area stated in such documents, the units managing the house must redetermine the specific area as the basis for determination of assistance, but such assistance must not exceed the prescribed limit on homestead allocation; the area exceeding the limit (if any) shall not be eligible for assistance;

- For the area that was illegally occupied, based on the conditions of land and land use time, the assistance shall be considered as prescribed in Clause 2, Article 21 of this document.

2. Regarding houses provided for the wrong residential purposes or ultra vires by units and agencies

The house or non-residential building that was provided for residential purposes before November 27, 1992 (including the case in which such building was renovated or rebuilt with funding from the State budget and the tenants might continue to lease after November 27, 1992) and the house or non-residential building that was provided for residential purposes from November 27, 1992 to before January 19, 2007 (including the case in which such building was renovated and rebuilt with funding from the State budget and the tenants might continue to lease after January 19, 2007); in case a non-residential building was provided for residential purposes before November 27, 1992, it must meet the following conditions: The land area provided for construction of such building must include a separate area or separate from the land area of agencies; the building must have its own path, does not cover the facade of agencies and does not affect surrounding space; units and agencies do not wish to use such building and it conforms to the local land use planning and has been approved by a competent authority, the units and agencies that do not wish to use the area of such building and must assign it to the People’s Committee of Ho Chi Minh city for management shall comply with Point b, Clause 1 of this Article.

b) The land area eligible for assistance is the area stated in decision on temporary house allocation, house lease contract or house allocation decision

In case decision on temporary house allocation or house allocation decision does not state the land area upon provision of land for use, the land area eligible for assistance is the actual area and must not exceed 80m² per household (the area that was illegally occupied shall not be eligible for assistance), the remaining area (if any) shall not be eligible for assistance.

3. For the privately owned house or land liquidated by the State

a) The land area that is inside the building line: compensation and assistance shall be provided as prescribed.

b) The land area that is inside the building line:

- In case the State did not sell the land area that is inside the building line, it shall not be eligible for compensation and assistance upon expropriation at the present time;

- Compensation shall be provided using the same method as that applied when the land area inside the building line was sold by the State (converted into cash at the time of payment).

c) In case the cleared house has the current area larger than the area sold by the State because of inaccurate measurement, does not have the area of land and land boundary determined, such difference shall be eligible for assistance in accordance with the case in which the tenant uses a state-owned house. The assistance will be provided if the land is used stably without disputes and illegal occupation.

4. In case of use of a house prescribed in Clauses 1, 2 of this Article, but a competent authority in charge of inspection of construction work quality determines that it is seriously damaged, degraded and likely to be collapsed, the tenant must comply with the requirements for the relocation of people and properties from the house and the affected part of the house to ensure safety.

While the house is being renovated or dismantled for reconstruction, if the tenant is not able to find a residence himself/herself, the housing management agency or investor shall be responsible for providing another residence for the tenant, which must meet the conditions for the use of house. The tenant shall be provided with a relocation assistance which is a house that is renovated and rebuilt according to the house lease contract signed with the housing management and operation unit or shall be provided with a relocation assistance as prescribed.

Chapter V

ASSISTANCE POLICIES

Article 33. Provision of assistance in minimum relocation package for people who have to relocate when their homestead land is expropriated (specified in Article 27 of the Decree No. 43/2014/ND-CP)

Assistance in relocation in case of expropriation of homestead land that results in relocation of a household, individual or overseas Vietnamese citizen who is eligible for compensation for homestead land shall be provided as follows:

1. In case a household, individual or overseas Vietnamese citizen receives homestead land and relocation house, and the compensation in the form of land is less than the value of a relocation package prescribed in Article 39 of this document, the difference between the value of a minimum relocation package and compensation in the form of land shall be paid to them.

2. In case people who receive the assistance prescribed in Clause 1 of this Article is able to find a residence themselves, a compensation in cash equal the difference between the value of a minimum relocation package and compensation in the form of land shall be provided.

Article 34. Assistance in life and business settlement when the State expropriates land (specified in Article 19 of the Decree No. 47/2014/ND-CP)

1. Provision of assistance in life and business settlement for the following cases:

a) 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 farming land 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 land to households and individuals that use the land permanently for agricultural production and on the supplemented allocation of land for salt production to households and individuals that use the land permanently; the Government’s Decree No. 02/CP dated January 15, 1994 on the regulation of allocation of forestland to organizations, households and individuals that use the land permanently for forestry; the Government’s Decree No. 163/1999/ND0CP dated November 16, 1999 on the allocation and lease of forestland to organizations, households and individuals that use the land permanently for forestry; and the Government’s Decree No. 181/2004/ND-CP dated October 29, 2004 on the implementation of the Law on Land;

b) Agricultural workers in a household set forth in Point a of this Clause providing that such persons come into existence after the allocation of the farming land to such household;

c) Households and individuals that are eligible for the allocation of farming land as prescribed in Point a of this Clause but are yet to receive the allocation of land and are using farming land acquired from transfer, inheritance, donation or reclamation as per the law, providing that the People's Committee of the commune where the expropriated land is located confirms their direct engagement in production activities on the farming land;

d) Households and individuals that are using contracted land for the purpose of agriculture, forestry or aquaculture (except specialized forestland and protection forestland) in state-owned agricultural or forestry plantations when the State expropriates land 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 involved in agricultural or forestry production; a household or individual that is directly involved in and gains stable income from agricultural production activities on such land;

dd) When the State expropriates land, if business organizations, households, individuals, overseas Vietnamese citizens or foreign-invested enterprises have to suspend their business, they shall receive assistance in business settlement.

2. The assistance in life and business settlement is subject to the following conditions:

a) Households, individuals, business organizations and foreign-invested companies that are using land according to Clause 1 of this Article and are granted a certificate or are eligible to be granted a certificate as prescribed (except the case set forth in Point b of this Clause);

b) Households and individuals that are using contracted land from agricultural or forestry plantations for the purpose of agriculture, forestry or aquaculture (except specialized forestlands and protection forestlands) as defined in Point dd, Clause 1 of this Article, the contracts for land use must be available.

3. The provision of assistance in life and business settlement for cases set forth in Points a, b, c, and d, Clause 1 of this Article shall comply with the following regulations:

a) In case from 30% to 70% of farming land is expropriated, assistance shall be provided for a period of 6 months if relocation is not required and a period of 12 months if relocation is required; in case of relocation to a disadvantaged or extremely disadvantaged area, the assistance shall be provided for a maximum of 24 months.

In case over 70% of farming land is expropriated, assistance shall be provided for a period of 12 months if relocation is not required and a period of 12 months if relocation is required; in case of relocation to a disadvantaged or extremely disadvantaged area, the assistance shall be provided for a maximum of 36 months.

b) The area of expropriated land prescribed in Point a of this Clause shall be determined according to each decision on land expropriation made by the People’s Committee of competent authorities;

c) One member of households prescribed in Points a and b of this Clause shall receive an assistance equal to VND 500,000/member/month.

4. The assistance business settlement shall be provided according to the following regulations:

a) A household or individual that receives compensation in the form of agricultural land shall receive assistance in business settlement in the form of plant varieties, domestic animal breeds, agriculture/forestry extension services, plant protection services, veterinary services, farming and breeding techniques or industrial plant cultivation techniques;

b) A business organization, household, individual, or overseas Vietnamese citizen or foreign-invested enterprise mentioned in Point dd, Clause 1 of this Article shall receive a business settlement assistance equal to 30% of a year’s post-tax income according to the average income of the last 03 years.

The post-tax income is determined on financial statement audited or approved by a tax authority; in case the financial statement is not audited or approved by a tax authority, the post-tax income shall be based on the income declared on the financial statement and annual report on business activities sent to a tax authority.

The days of suspension of business are determined by the compensating body in coordination with relevant agencies and the People's Committee of commune.

5. Households and individuals that are using contracted land from agricultural or forestry plantations for the purpose of agriculture, forestry or aquaculture are regulated in Point d, Clause 1 of this Article, the assistance in life and business settlement shall be provided in cash.

6. Employees of the business organization, household, individual or foreign-invested compay mentioned in Point dd, Clause 1 of this Article who have employment contracts shall receive redundancy pay in accordance with employment laws; depending on local conditions, the People’s Committee of competent authorities that approve the compensation, assistance and relocation plan shall decide the redundancy pay period but such period must not exceed 06 months. The compensating body shall ask the employer to give the redundancy pay to employees on their behalf.

Article 35. Provision of relocation assistance upon land expropriation for policy beneficiary families

A policy beneficiary household that has a certificate issued by a competent authority and has to relocate upon expropriation, the assistance shall be provided as follows:

1. Vietnamese Heroic Mothers, Heroes of the People’s Armed Forces, Heroes of Labor: VND 6,000,000 per household.

2. War invalids, families of fallen heroes (parents, spouses and children of fallen soldiers): VND 4,000,000 per household.

3. Families with meritorious services to the revolution, Veteran revolutionary families, families of retired officials and others who are currently receiving social allowances: 2,000,000 per household.

4. In cases where there are many members eligible for the abovementioned assistance in a household, the highest assistance that a member has shall be provided.

Article 36. Provision of assistance in relocation for users of house and homestead land ineligible for compensation and assistance

1. If a household or individual that is using a house or homestead land that is ineligible for compensation (including the person who has a non-stated-own house lease contract) has to relocate upon expropriation, they shall have the relocation expenditure reimbursed in accordance with Article 28 of this document.

2. For an organization: In case an organization that is ineligible for compensation and assistance in house and land and has to relocate, they shall have the relocation expenditure reimbursed, receive assistance in suspension of business and redundancy pay according to this document.

Article 37. Provision of reward for organizations, households and individuals strictly comply with the relocation

An organization, household or individual that transfers land ahead of and on schedule shall reward with cash, to be specific:

1. In case of relocation of entire area of land:

a) For an organization (except the regulatory authorities and public service providers): a reward of VND 10,000 per square meter of land with factory and offices expropriated, but no more than VND 200,000,000 (two hundred million) per organization and not less than 15,000,000 (fifteen hundred million) per organization.

b) For a household or individual whose house and homestead land is expropriated: VND 15,000,000;

c) For a household or individual whose farming land is expropriated: a reward equal to 50% of the case prescribed in Point b, Clause 1 of this Article.

2. In case of relocation of part area of land:

a) For an organization: a reward equal to 50% of the case prescribed in Point a, Clause 1 of this Article.

b) For a household or individual whose house and homestead land is expropriated: a reward equal to 50% of the case prescribed in Point b, Clause 1 of this Article.

c) For a household or individual whose part area of farming land is expropriated: a reward equal to 50% of the case prescribed in Point c, Clause 1 of this Article.

3. For an organization, household or individual whose various types of land are expropriated for execution of the same project, they shall be given the highest rate of reward among the rates prescribed in Clauses 1 and 2 of this Article.

4. The cases prescribed in Clauses 1 and 2 of this Article shall only be eligible for reward in case movement and transfer of land are made ahead of and on schedule.

Article 38. Provision of assistance for people who are directly involved in agricultural production but ineligible for compensation for land and households and individuals that lease and bid public land of communes

1. The farming land used for public services of the commune shall not be compensated when the State expropriates land but for an assistance equal to the price for farming land which is the basis for determination of compensation according to the approved plan; the assistance shall be paid to the State budget and aggregated with the annual budget of the commune; the assistance shall only be used for construction of infrastructure or public services of the commune in which land is expropriated as prescribed.

2. A household or individual that leases and bids for use of farming land owned by the commune shall not receive compensation for land but for the remaining value of investment in land (if any) as prescribed in Article 7 of this document or shall receive an assistance that must not exceed the assistance prescribed in Clause 3 of this Article; the assistance shall be deducted from the funding granted to the budget of the People’s Committee of the commune as prescribed in Clause 1 of this Article.

3. In case a household or individual that is directly involved in agricultural production is ineligible for compensation as prescribed in Article 75 of the 2013 Law on Land, they shall receive an assistance equal to 10% of the price for compensation for farming land according to the approved plan with respect to the land area in use (except the household or individual who has received compensation for the remaining value of investment in land according to Article 7 of this document).

Chapter VI

RELOCATION

Article 39. Minimum relocation package (specified in Article 27 of the Decree No. 47/2014/ND-CP)

1. In case a household or individual eligible for relocation according to Clause 1, Article 42 of this document has a compensation or assistance smaller than value of a minimum relocation package, such difference shall be paid to them; in case of refusal to receive homestead land and house in relocation area, an amount equal to such difference shall be provided. To be specific:

a) For the districts with apartment buildings for provision, the minimum area of an apartment building that is eligible for assistance is 30 m². In case the area is larger than 30 m², the person whose land is expropriated must pay as prescribed;

b) For the districts without apartment buildings for provision, the minimum area of homestead land that is eligible for assistance is 45 m². In case the area is larger than 45 m², the person whose land is expropriated must pay as prescribed;

c) The provision of minimum relocation package according to Points a and b of this Clause including houses and homestead land for relocation in the same location with the lowest relocation price shall be given priority to; in case there are no houses and homestead land for relocation in the same location, the houses and homestead land for relocation with the average relocation price shall be provided by that project or the project providing neighboring land or houses for relocation in the area with equivalent locations and infrastructure.

d) The compensation and assistance which is the basis for determination of a minimum relocation package includes:

- The compensation for homestead land;

- The assistance provided for people who have farming land in the residential area and land with gardens and ponds that are not recognized as homestead land (if any).

2. The difference in value between the price for compensation and relocation:

In case of compensation in the form of homestead land or relocation houses, the difference in value (if any) shall be paid as follows:

a) In case the compensation or assistance is more than the value of homestead land (according to the price for relocation) or houses in relocation area, the person subject to relocation shall receive such difference.

b) In case the compensation or assistance is less than the value of homestead land (according to the price for relocation) or houses in relocation area, the person subject to relocation shall pay such difference, except cases prescribed in Clause 1 of this Article.

Article 40. Preparation and execution of relocation project or plan (specified in Article 85 of the 2013 Law on Land)

1. The People’s Committees of districts shall be responsible for preparing and executing relocation plan or project prior to land expropriation.

2. The project or plan for provision of land or houses for relocation shall be prepared and approved separately from the compensation, assistance and relocation plan but must ensure that homestead land and relocation houses are available before a competent authority decides to expropriate land.

3. The preparation of project or plan for provision of land or houses for relocation and selection of investors shall comply with the law on development and management of relocation houses and ensure compliance with regulations set forth in Clauses 2 and 3, Article 69 of the 2013 Law on Land.

4. The relocation area shall be established for one or more relocation plan and projects; a uniform infrastructure that meets construction standards and regulations shall be constructed; houses and homestead land in the relocation area shall be arranged in multiple grades of housing and various areas in conformity compensation and solvency of persons subject to relocation.

In case the relocation area is homestead land in lots, a sample house design or urban design, cadastral map of the piece of land shall be available to serve the allocation of land and grant of a certificate.

5. For the project of concentrated relocation area with construction phases according to sub-projects, progress of land expropriation and construction of houses or infrastructure of the relocation area shall follow progress of each sub-project and connection of infrastructure of individual sub-projects to common technical infrastructure of the relocation area must ensure strict compliance with the detailed planning approved by a competent authority.

6. Based on the local conditions, the People’s Committee of district shall be responsible for informing the Department of Construction in order to set up a relocation project or prepare a relocation plan prior to expropriation.0}

7. The provision of funding for execution of relocation projects shall comply with regulations set forth in Article 46 of this document.

Article 41. Provision of land or houses for relocation for people whose homestead land is expropriated have to relocate (specified in Articles 86 of the 2013 Law on Land)

1. The compensating body which is assigned by the People’s Committee of province or district to provide land or houses for relocation shall submit a written notice to people whose land is expropriated are subject to relocation about the expected plan for provision of land or houses for relocation and publish the plan at the People’s Committee of the commune, at common public place of the residential area where the expropriated land is located and at relocation area for at least 15 days before a competent authority approves the plan for provision of land or houses for relocation.

The notice includes the location and area of relocation houses and land, urban design, area of each land lot, apartment, prices for land or houses for relocation and the expected relocation plan for people whose land is expropriated.

2. The person whose land is expropriated shall be provided with land or house for relocation in the same location if a relocation project is executed or conditions for provision of land or house for relocation exist in the expropriated area. Convenient locations shall be provided for people who transfer the expropriated land early or people who are in policy beneficiary households

The approved plan for provision of land or houses for relocation shall be published at the People’s Committee of commune, at common public places of the residential area where the expropriated land is located and at the relocation area.

3. The price for relocation land which is the basis for determination of land levy and the sale price for relocation houses shall be determined by the People’s Committee of Ho Chi Minh city.

4. In case the person whose land is expropriated is eligible for compensation and provided with land or houses for relocation while the compensation and assistance are not enough to buy a minimum relocation package, the State shall make up the deficit.

Article 42. Regarding provision of land or houses for relocation

1. Entities and conditions for relocation: Upon land expropriation, households and individuals that are eligible for compensation as prescribed in Article 5 of this document, land or houses for relocation shall be provided in the following cases:

a) Households and individuals whose homestead land is expropriated without another residence in the communes (except the households and individuals that do not wish to relocate);

b) Households and individuals whose land is expropriated and the homestead land area that remains after expropriation is not suitable for residential purposes or construction of houses according to the regulations of the People’s Committee of Ho Chi Minh city do not have another residence in their commune;

c) Households and individuals whose homestead land is inside the safety corridor have to relocate without another residence in the communes.

2. The area of homestead land and houses for provision of land or houses for relocation:

The area of homestead land and houses for provision land or houses for relocation is the area determined according to approved planning for homestead land and house at relocation areas (in case of provision of homestead land, the homestead land area must not exceed the limit on allocation of homestead land at districts).

3. The price for relocation land which is the basis for determination of land levy or sale price for relocation houses:

a) Price for relocation land which is the basis for determination of land levy upon allocation of relocation land or sale price for relocation apartments shall be determined at the same time and in conformity with the rules and methods of determining the specific homestead land prices as the basis for provision of compensation and assistance when the State expropriates land.

b) Based on infrastructure, compensation and assistance of the project, the People's Committees of districts shall propose land pricing coefficient, land price used to calculate relocation land levy and submit it to the Department of Natural Resources and Environment. The Department of Natural Resources and Environment shall cooperate with relevant units in considering together with the determination of price for land which is the basis for determination of land levy; this shall be then submitted for assessment and approval.

c) The Department of Construction shall take charge and cooperate with relevant authorities and the People’s Committees of districts in determining the sale price for relocation apartment with respect to each floor and types of apartment according to a certain location; submit a written notice about the determined price to the compensating bodies and the People’s Committees of districts as the basis for preparation of compensation, assistance and relocation plan and compilation of dossier on the sale price for relocation apartments and ground according to regulations.

4. The households whose entire houses and land are expropriated are eligible for relocation according to Clause 1 of this Article face great difficulties in the new residence (except the case prescribed in Article 33 of this document) while the total compensation and assistance are not enough to pay for the house and land in the relocation area, the compensation council of the project shall consider the deferred or installment payment for the amount in excess to the minimum relocation package with a maximum period of fifteen (15) years, the interest rate on the outstanding debt shall apply the demand deposit interest rate quoted by a commercial bank, but the amount of the first payment equals to the total received compensation for house and land in case of re-provision of an apartment or equals the total compensation for land in case of re-provision of ground;

The president of the People’s Committee of district shall be responsible for assigning relevant units affiliated to districts to monitor, collect and pay the house rent and installment payments of the person whose land is expropriated to the budget as prescribed.

For the non-state investment projects, the investors shall prepare and submit a report on expropriation plan to the People’s Committees of districts for approval.

5. The provision of land or houses for relocation for people who are ineligible for compensation for homestead land according to Clause 4, Article 6 and Clause 5, Article 7 of the Decree No. 47/2014/ND-CP:

- For a household or individual that is using land with houses built thereon but is only eligible for assistance in land as prescribed in Article 10 of this document but the assistance is not enough to buy a relocation apartment, if they do not have another residence, they shall be allocated by the State new homestead land and pay land levy or buy a relocation houses or buy a social house depending on the relocation houses sold to low-income earners as prescribed in the Government’s Decree No. 188/2013/ND-CP dated November 20, 2013.

- Sale price, rent and lease purchase price of houses Sale price, rent and lease purchase price of houses; the price for homestead land which is the basis for determination of land levy when the State allocates land according to Clause 4 of this Article or lease of an apartment on the basis of a 30 year depreciation period. For the extremely disadvantaged person, the compensation council of the project shall consider the deferred or installment payment for the amount in excess to the minimum relocation package with a maximum period of fifteen (15) years, the interest rate on the outstanding debt shall apply the demand deposit interest rate quoted by a commercial bank, but the amount of the first payment equals to the total received compensation for house and land in case of re-provision of an apartment or equals the total compensation for land in case of re-provision of ground.

6. In the cases where extremely disadvantaged person whose land is expropriated relocates to a new residence but does not have a stable job, if he/she does not choose to lease or make deferred and installment payment according to Clauses 4 and 5 of this Article, he/she shall defer payment for purchase or rental of the house for a period of no more than 5 years, in case of the expiry of payment for purchase or rental of the house, the person whose land is expropriated shall make installment payments or pay rent as prescribed.

Article 43. Rights and obligations of people who have to relocate upon land expropriation

1. Regarding rights:

A person who has to relocate upon land expropriation may:

a) be informed about relocation according to Clause 1, Article 86 of the 2013 Law on Land;

b) be prioritized permanent residence registration for himself/herself and other members in family at new residence and be prioritized to change school for members in family who are in age group of going to school;

c) refuse to live in the relocation area if such area does not fulfill conditions as notified and published;

d) be provided with free housing design.

2. Regarding obligations:

A person who has to relocate upon land expropriation shall:

a) move to the relocation area on schedule and as prescribed by a competent authority;

b) build houses or works in accordance with the planning and fulfill other obligations in accordance with law;

c) pay house purchase money or land levy or house rent in accordance with law.

Chapter VII

IMPLEMENTATION

Article 44. Establishment of compensation council of the project

1. Regarding procedures for establishing compensation council of the project

a) After the land expropriation notice is issued by a competent authority, the President of the People’s Committee of districts shall decide to establish a compensation council of the project and a working group responsible for assisting the Council;

The compensation council of project and the working group shall cease their operation themselves after finishing providing compensation, assistance and relocation and transfer land to organizations and individuals that are allocated land and leased out land by the State.

b) The number of members of compensation council of the project must remain stable in each project and district, investors, Presidents of the People’s Committees of communes where the project is being executed and representatives of people whose land is expropriated should be changed.

2. Members of a compensation, assistance and relocation council:

a) Members of a compensation, assistance and relocation council:

- President or Vice President of the People’s Committee of district - President of the council;

- Leader of the compensating body - Permanent Vice President of the council;

- Leader of the Division of Natural Resources and Environment - Vice President of the council;

- Leader of the Division of Finance - Accounting - Member;

- Leader of the Division of Urban Management - Member;

- Leader of the Division of Economy - Member;

- Leader of the Division of Justice - Member;

- President or Vice President of the People’s Committee of the commune where the expropriated land is located - Member;

- Investor (in case the investor has been determined) - Member;

- Representatives of people whose land is subject to expropriation (01 - 02 persons), such people are introduced by the Fatherland Front Committee of the commune where the expropriated land is located to participate in the compensation, assistance and relocation council. Representatives of people whose land is subject to expropriation shall be responsible for conveying the expectation of the people whose land is subject to expropriation.

The compensation, assistance and relocation council of a district shall work under the collective working regime and the majority rule and in accordance with law; in case the vote is equal, the President of the council shall have the deciding vote.

b) Depending on the organizational structure of the district and scope of each project, the President of the People’s Committee of district shall add other representatives as members or adjust duties of each member in an appropriate manner.

3. Responsibilities of the compensation council of the project

a) The compensation council of the project shall:

- Formulate and approve the inspection plan and compensation, assistance, relocation and land clearance plan, and submit it to the President of the People’s Committee of district for approval;

- prepare and submit the compensation, assistance and relocation plan of the project for approval in accordance with the prescribed procedures;

- implement the compensation, assistance, relocation and land clearance plan;

- take responsibility for the accuracy and reasonableness of data inventories, the legality of land and properties eligible for compensation and assistance or ineligible for compensation and assistance according to the compensation, assistance and relocation plan;

b) Responsibilities of the members of compensation council:

- President of the council shall:

+ sign the compensation, assistance and relocation plan of the project.

+ sign the document on report on the content of assessment and approval. Difficulties during the implementation should be reported to the People’s Committee of district for consideration. In case such difficulties fall outside the competence, the People’s Committee of district shall request comments from authorities and the People’s Committee of Ho Chi Minh city.

+ guide members of the council to prepare and submit the compensation, assistance, relocation and land clearance plan for approval and implement it;

- Representatives of people whose land is expropriated shall be responsible for conveying the expectation of the people whose land is expropriated, people who have to relocate; encouraging people whose land is expropriated to strictly comply with policies and plans, and relocate and transfer land on schedule;

- Other members shall perform duties assigned by the President of the council, which conforms to responsibilities of each authority.

4. The funding for provision of compensation, assistance and relocation: comply with regulations set forth in Article 31 of the Decree No. 47/2014/ND-CP and regulations imposed by the People’s Committee of Ho Chi Minh city.

5. The compensation council of the project may use the seal of the People's Committee of district.

Article 45. Preparation of the compensation, assistance and relocation plan when the State expropriates land according to Articles 61, 62 Points dd, e, Clause 1, Article 65 of the 2013 Law on Land (provision of compensation according to Clause 2, Article 69 of the 2013 Law on Land, Article 16 of the Decree No. 47/2014/ND-CP and Article 13 of the Circular No. 37/2014/TT-BTNMT)

1. Preparation of the compensation, assistance and relocation plan:

a) The compensating body or the compensation council of the project shall be responsible for preparing a compensation, assistance and relocation plan and cooperating with the People’s Committee of the commune where the expropriated land is located in requesting comments about the compensation, assistance and relocation plan by holding a direct meeting with people in the area where land is expropriated, and publishing the plan at the People’s Committee of the commune and at common public place of the residential area where the expropriated land is located.

The comments must be included in a record certified by a representative of the People’s Committee of commune, representative of the Committee of the Vietnamese Fatherland Front of commune and representatives of people whose land is expropriated.

The compensating body shall be responsible for consolidating comments in writing, clearly stating the number of assenting and dissenting comments and other comments regarding the compensation, assistance and relocation plan; cooperating with the People’s Committee of the commune where the expropriated land is located in holding a dialogue with people who have dissenting comments about the compensation, assistance and relocation plan; completing the plan and submitting it to a competent authority.

b) The compensation, assistance and relocation plan includes:

- Full name and address of the person whose land is expropriated;

- The area, type, location, and origin of the expropriated land; the remaining area of land outside the expropriation boundary (if any); quantity, volume, current value of lost properties on land;

- Quantity and types of the property inside the boundary of the expropriated land

- Quantity and types of graves that have to be relocated; grave relocation plan;

- The rates of compensation for land and properties, rates of compensation for grave relocation, other rates of assistance and basis for calculation of compensation and assistance;

- The area of homestead land or houses eligible for compensation upon homestead land expropriation; relocation plan, area of houses and land eligible for relocation; plan for relocation with respect to an organization (if any);

- The total compensation and assistance (except the cases eligible for compensation for land or houses upon homestead land expropriation);

- Financial obligations requiring deduction (if any).

2. Assessment of the compensation, assistance and relocation plan:

a) The Department of Natural Resources and Environment shall be responsible for taking charge and cooperating with relevant authorities in assessing the compensation, assistance and relocation plan within their competence in land expropriation as prescribed in Clause 1, Article 66 of the 2013 Law on Land.

b) The Department of Natural Resources and Environment shall be responsible for taking charge and cooperating with relevant authorities in assessing the compensation, assistance and relocation plan within their competence in land expropriation as prescribed in Clause 2, Article 66 of the 2013 Law on Land.

c) In the event the People’s Committee of Ho Chi Minh city authorizes the People’s Committee of district to expropriate land in case the area subject to expropriation includes the cases prescribed in Clauses 1 and 2, Article 66 of the 2013 Law on Land, the assessment of the compensation, assistance and relocation plan shall be carried out as prescribed in Point b of this Clause.

3. The decision to expropriate land, approve and implement the compensation, assistance, relocation and plan shall be made as follows:

a) The People’s Committee of Ho Chi Minh city or the People’s Committee of district shall expropriate land within its competence prescribed in Article 66 of the 2013 Law on Land, decide to expropriate land and decide to approve the compensation, assistance and relocation on the same day;

b) The compensating body or the compensation council of the project shall be responsible for cooperating with the People’s Committee of the commune in disseminating and publish the compensation, assistance and relocation plan at the People’s Committee of the commune and at common public place of the residential area where the expropriated land is located; issuing the decision on compensation, assistance and relocation to each person whose land is expropriated, clearly stating the compensation, assistance, provision of relocation houses or relocation land (if any), time, location for provision of compensation and assistance; time for provision of relocation houses or relocation land (if any) and time for transfer the expropriated land to the compensating body;

c) The organization shall provide compensation, assistance and relocation according to the compensation, assistance and relocation plan that has been approved;

d) In case the person whose land is expropriated does not transfer land to the compensating body, the People’s Committee of commune, the Committee of Vietnamese Fatherland Front of the commune where the expropriated land is located and the compensating body shall encourage and persuade the person whose land is expropriated to transfer land.

dd) In case the person whose land is expropriated does not still transfer land to the compensating body despite efforts of persuasion, the President of the People’s Committee of district shall decide on coercive execution of the decision on land expropriation and the organization shall execute the coercion as prescribed in Article 71 of the 2013 Law on Land.

4. The compensating body shall be responsible for managing land which has been cleared.

5. Collection of comments about the compensation, assistance and relocation shall comply with regulations set forth in Clause 1 of this Article and all comments contributed by people in the area where land is expropriated must be welcomed and published for at least 20 days.

6. The plan prepared as prescribed in this Article does not include the investment projects advocated and approved by the National Assembly and the Prime Minister respectively as prescribed in Article 17 of the Decree No. 47/2014/ND-CP.

Article 46. Provision of compensation, assistance and relocation (specified in Article 93 of the 2013 Law on Land)

1. Within 30 days after the decision on land expropriation by a competent authority comes into force, the compensating agencies and organizations shall provide compensation and assistance for people whose land is expropriated.

2. If the compensating agencies and organizations defer the provision of compensation and assistance for people whose land is expropriated, in addition to the compensation and assistance prescribed in the compensation, assistance and relocation plan that has been approved by a competent authority, people whose land is expropriated are entitled to an amount equivalent to the late- payment interest in accordance with the Law on Tax Administration calculated based on the unpaid amount and the deferred period.

3. In case people whose land is expropriated do not receive the compensation and assistance prescribed in the compensation, assistance and relocation plan that has been approved by a competent authority, such compensation and assistance must be deposited into an imprest account of the State Treasury.

4. For land users who are eligible for compensation when the State expropriates land but are yet to fulfill land-related financial obligations as prescribed by law, the amount of these financial obligations must be deducted from the compensation and returned to the State budget. The deduction of an amount as unfulfilled financial obligations related to land from the compensation shall be made as follows:

a) An amount as unfulfilled financial obligations related to land consists of land levies, land rent that are still unpaid to the State till the date of expropriation;

b) An amount as unfulfilled financial obligations related to land as defined in Point a of this Clause shall be determined in accordance with the law on collection of land levies; land rent and water surface rent.

In case such unpaid amount as financial obligation related to land to the date of issuance of expropriation decision is more than the compensation and assistance, households and individuals as land users may continue to debit such difference; after relocation house has been provided for households and individuals and the difference after deducting the compensation from amount for allocation of homestead land and purchase of houses in the relocation area is less than the unpaid amount as financial obligations related to land, households and individuals may continue to debit such difference;

c) The compensation deducted from unpaid amount as financial obligation include the compensation for land and remaining value of investment in land (if any). The expenditures on relocation and losses caused to properties, suspension of business and others shall not be deducted from unpaid amount as financial obligations related to land.

5. In case compensation in the form of new land or land or houses for relocation results in any difference in value, such difference shall be paid in cash according to the following regulations:

a) In case the compensation for land is more than value of homestead land, houses or houses in the relocation area, the person subject to relocation shall receive such difference;

b) In case the compensation for land is less than the value of homestead land, houses or relocation houses, the person subject to relocation shall pay such difference, except cases prescribed in Clause 32 of this document.

6. In case the area subject to expropriation is in dispute over land use right, the compensation for such area shall be deposited into State Treasury pending competent authority’s decision and returned to its real user after the case is concluded.

7. Provision of advances for compensation, assistance and relocation shall comply with the following regulations:

a) The land development fund shall provide advances for the compensating body to develop empty land for allocation and lease of land according to the regulation on management and use of land development fund;

b) In case the person that is allocated or leased out land and pay land levy and land rent respectively under the Law on Land volunteers to advance the funding for compensation, assistance and relocation according to the compensation, assistance and relocation plan approved by a competent authority, he/she shall be returned by deduction from land levies and land rent. The deduction must not exceed land levies, land rents; remaining amount (if any) shall be aggregated with the investment capital of the project.

In case the person that is allocated or leased out land and pay or do not pay land levy or land rent according to the Law on Land and exempted from land levies and land rent volunteers to advance the funding for compensation, assistance and relocation according to the plan approved by a competent authority, the funding for compensation, assistance and relocation shall be aggregated with the investment capital of the project.

Article 47. Expenditures on provision of compensation, assistance and relocation (specified in Article 31 of the Decree No. 47/2014/ND-CP Law on Land)

The compensating body shall be responsible for preparing an estimate of the expenditures on provision of compensation, assistance and relocation of each project according to the following regulations:

a) For the expenditures that have been specified in the spending limits, standard and price stipulated by competent authorities, applicable regulations shall be executed;

b) For the expenditures that are yet to be specified in the spending limits, standard and price, the estimate shall be made in conformity with the characteristics of each project and local conditions;

c) Expenditures on printed documents, office supplies, petrol, logistics support and others expenditures serving the management system shall be calculated according to actual demand of each project.

2. The funding provided for compensation and land clearance to be deducted must not exceed 2% of total funding for compensation and assistance of the project. For the projects that are executed in disadvantaged or extremely disadvantaged areas, linear infrastructure projects or any cases enforced the audit and land expropriation, the organization charged with the provision of compensation, assistance and relocation may prepare an estimate of the funding for compensation, assistance and relocation of the project according to workloads without being restricted to the 2% deduction.

The competent authority that approves the compensation, assistance and relocation plan shall decide the funding for provision of compensation, assistance and relocation of each project in accordance with law.

3. In case of coercion enforcement of decision on land expropriation, the compensating body shall prepare an estimate of the funding for coercion and submit it to a competent authority that approves the compensation, assistance and relocation plan for decision. The expenditures on coercion enforcement of decision on land expropriation shall be provided as follows:

a) For the land that is allocated or leased out without land levies and land rent, this funding shall be aggregated with the investment capital of the project.

b) For the land that is expropriated to develop empty land for allocation or lease of land via auction, this funding shall be advanced from the land development fund;

c) In case investors volunteer to advance the funding for compensation, assistance, and relocation (including the expenditures on coercion enforcement of decision on land expropriation), this expenditure shall be deducted from land levies and land rents.

4. The Ministry of Finance shall provide guidance on the estimation, use, and settlement and finalization of the expenditures on provision of compensation, assistance and relocation.

Article 48. Funding for provision of compensation, assistance and relocation (specified in Article 32 of the Decree No. 47/2014/ND-CP Law on Land)

1. The funding for compensation, assistance and relocation includes: the compensation for the land expropriated for the execution of the investment project, funding provided for the provision of compensation, assistance and relocation and other funding.

The compensation shall be determined according to the compensation, assistance and relocation plan that has been approved by a competent authority.

2. The funding for compensation, assistance and relocation when the State expropriates land for execution of projects shall comply with the following regulations:

a) The funding for compensation, assistance and relocation shall be aggregated with the funding for execution of the investment projects;

b) For the investment projects advocated and approved by the National Assembly and the Prime Minister respectively, the investor or responsible body shall provide the funding for compensation, assistance and relocation;

c) The People’s Committee of Ho Chi Minh city shall be responsible for providing funding for compensation, assistance and relocation of the projects decided by the People’s Council of Ho Chi Minh city;

d) In case an investor who volunteers to advance the compensation and assistance shall be responsible for providing funding for execution of projects that are not regulated in Points b and c of this Clause.

 Such advances shall be deducted from land levies and land rent or aggregated with the investment capital of the project according to Point b, Clause 7, Article 46 of this document.

Article 49. Handling of compensation and assistance in case of disputes and complaints

In case the person whose land is expropriated does not receive compensation and assistance according to the compensation, assistance and relocation plan that has been approved or is in dispute over land use right, the compensation for the area that is in dispute shall be deposited to the State Treasury pending competent authority’s decision and returned to its real user after the case is concluded.

Pending the settlement of disputes and complaints, the persons whose land is expropriated shall still relocate, clear land and transfer land on schedule prescribed by the competent authority.

Article 50. Responsibilities of the People’s Committee of district and commune

1. The People’s Committee of the district where the expropriated land is located shall:

a) implement the compensation, assistance, relocation in its district.

b) issue the notice about land expropriation and decision on land expropriation within its competence.

c) decide to establish the plan for compensation, assistance and relocation and working group, prepare, assess, approve and implement the detailed plan for compensation, assistance and relocation.

d) approve matters that are within the competence of the People’s Committee of district, including:

- Inspection and audit plan;

- Land clearance plan and progress;

- Issuance of a detailed decision on compensation, assistance and relocation to each person whose land is expropriated;

- The estimate of the expenditures on provision of compensation, assistance and relocation according to regulations imposed by the People’s Committee of Ho Chi Minh city;

- Regulation on lot draw and Plan for provision of land or houses for relocation.

e) handle complaints and denunciations of households, individuals and organizations.

g) issue compulsory audit decisions as prescribed.

h) prepare and execute the project on provision of land or houses for relocation (if any), plan for provision of land or houses for relocation prior to land expropriation. The concentrated relocation area must ensure a uniform infrastructure, meet construction standard and regulation and conform to local conditions, customs and practices.

i) provide guidance on regulation and architecture applicable to the work constructed on the land area that remains after the State expropriates land.

2. The President of the People’s Committee of district shall be responsible for abiding by the decision on compulsory audit and organizing the implementation of the decision on coercive enforcement; abiding by the decision on land expropriation and organizing the implementation of the decision on coercive enforcement;

3. The People’s Committee of commune shall:

a) propagate the purpose of land expropriation, compensation, assistance and relocation policy of the project;

b) cooperate with the compensation, assistance and relocation council of the project in determining land and properties of the person subject to expropriation within at least fifteen (15) working days.

c) cooperate and facilitate the provision of compensation, assistance and relocation for the person whose land is expropriated and facilitate land clearance.

Article 51. Responsibilities of authorities of Ho Chi Minh city and relevant units

1. Compensation Assessment Council of Ho Chi Minh city:

a) Consult with the People’s Committee of Ho Chi Minh city about policies related to the provision of compensation, assistance and relocation; request the People’s Committee of Ho Chi Minh city to solve difficulties that arise from the unavailability or uncertainty of regulations of law.

b) Guide the People’s Committees of districts and investors to comply with applicable regulations of law on compensation, assistance and relocation; give instructions on the procedures for assessing the compensation, assistance and relocation plan; request comments from the People’s Committee of Ho Chi Minh city in case the matters requested by the authorities and the People’s Committees of districts fall outside their competence.

c) Other duties under the guidance of the People’s Committee of Ho Chi Minh city.

2. The Department of Natural Resources and Environment shall:

b) take charge and cooperate with relevant authorities in determining specific land price for calculation of compensation, assistance and price for homestead land for relocation and submit it for valuation and approval as prescribed.

b) take charge and cooperate with authorities in solving difficulties related to land and land price.

3. The Department of Finance shall be responsible for cooperating with the Department of Natural Resources and Environment, the Department of Construction in determining specific land price for calculation of compensation and price for relocation upon the implementation of compensation, assistance and relocation; solving difficulties related to land price valuation.

4. The Department of Planning and Investment shall be responsible for guiding and inspecting the establishment and execution of relocation projects with funding from the State budget; consulting the projects with funding from the budget of Ho Chi Minh city about the capital plan.

5. The Department of Construction shall:

a) take charge and cooperate with authorities and the People’s Committees of districts in balancing and submit the relocation house allocation plan of projects and price for relocation with respect to provision of relocation apartments to the People’s Committee of Ho Chi Minh city.

b) solve organizations and individuals’ difficulties related to state-owned houses and land.

c) perform state management of construction quality of relocation areas according to applicable regulations.

6. The Department of Labor, War Invalids and Social Affairs shall:

a) take charge and cooperate with authorities and the People’s Committees of districts in determining the assistance in training, career change and job hunting in case of land expropriation.

b) provide guidance on determination of entities and compensation according to the redundancy pay as prescribed.

7. The Department of Industry and Trade shall be responsible for assessing expenditures on relocation of machines and equipment as prescribed and complying with the regulation set forth in Point d, Clause 3, Article 29 of this document.

8. The Department of Agriculture and Rural Development shall be responsible for taking charge and cooperating with relevant authorities in solving difficulties related to the compensation for plants and domestic animals as prescribed and complying with the regulation set forth in Point d, Clause 3, Article 29 of this document.

9. The Department of Planning - Architecture shall:

a) take responsibility for publishing the detailed planning for urban construction in accordance with law and solve difficulties related to planning and architecture within its competence.

b) provide information about planning, agreement on planning and architecture for the organizations that have to relocate due to land expropriation to ensure progress of land clearance.

10. Inspectorate of Ho Chi Minh city shall:

a) verify, conclude and handle complaints and denunciations that come within its competence for organizations, households and individuals related to compensation, assistance and relocation when the State expropriates land according to regulations of the Law on Complaints and the Law on Denunciations.

b) carry out inspection and supervise the People’s Committees of districts and relevant authorities handling complaints and denunciations related to compensation, assistance and relocation.

11. Other authorities shall take responsibility for cooperating and participating in compensation and land clearance under their management.

12. Responsibilities of investors (in case the investor has been determined prior to land expropriation)

a) Cooperate with the People’s Committee of the district where the expropriated land is located in formulating land expropriation plan.

b) Ensure the adequacy and availability of funding for provision of compensation and assistance and funding provided for the organization charged with provision of compensation, assistance and relocation.

c) Determine the houses and land for relocation to execute the project before formulating the land expropriation plan; cooperate with local governments in taking households to inspect houses and land for relocation.

d) Cooperate with authorities and the People’s Committees of districts where the expropriated land is located in solving problems related to investment projects.

Article 52. Rewards and penalties

1. If organizations, households and individuals whose land and house are expropriated strictly comply with policies and compensation and relocation plan, they shall receive a reward in cash according to Article 37 of this document.

Units and individuals that have accomplishments in compensation, assistance and relocation shall be rewarded according to applicable regulations of the State.

2. Organizations, households and individuals whose land is expropriated shall be responsible for strictly complying with the land transfer and land clearance period according to regulations imposed by competent authorities. In case regulations on compensation, assistance and relocation have been fully complied with, but the person whose land is expropriated does not abide by the decision on land expropriated, the People’s Committee of Ho Chi Minh city shall authorize the People’s Committee of district to impose coercive enforcement measure so that he/she has to relocate for clear land according to the schedule of the project and he/she may file a complaint as prescribed by law.

3. If agencies, units and organizations; households and individuals whose land is expropriated; investors and units and individuals involved in compensation and relocation commit violations against law, they shall face administrative penalties or criminal prosecution, depending on the severity of their violations.

Article 53. Assignment of responsibilities to authorities

1. Assign the President of the People’s Committees of districts to consolidate the their organizational structure in charge of provision of compensation, assistance, relocation and land clearance to strictly satisfy the requirements for investment and development in Ho Chi Minh city.

2. The compensation council of the project shall disseminate and provide guidance on the compensation, assistance and relocation plan (after the plan is approved by a competent authority) for people whose land is expropriated within the area for construction of works. Difficulties that arise outside the competence of the compensation council of the project and the People’s Committee of district, the People’s Committee of district shall report them to competent authorities that are supervisory authorities of Ho Chi Minh City. If such difficulties fall outside the competence, authorities shall report them to the People's Committee of Ho Chi Minh city for decision.

3. The People’s Committee of district shall be responsible for assisting households affected by projects in life settlement, vocational training, career change and job hunting, and procedures and documents upon change of residence and schools.

4. The People’s Committees of districts, relevant authorities and investors should promptly report difficulties that arise during the implementation of this document to the Department of Natural Resources and Environment that shall consolidate such difficulties and request the People’s Committee of Ho Chi Minh city to consider.