Quyết định 08/2013/QD-UBND

DECISION

ISSUING REGULATIONS ON COMPENSATION, ASSISTANCE AND RESETTLEMENT WHEN THE STATE RECOVERS LAND APPLIED IN GEOGRAPHICAL AREAS OF QUANG NGAI PROVINCE

PEOPLE’S COMMITTEE OF QUANG NGAI PROVINCE

Pursuant to the Law on organization of People’s Council and People’s Committee at all levels of November 26, 2003;

Pursuant to the Land Law of November 26,2003;

Pursuant to the Law on Construction of November 26, 2003;

Pursuant to the Government’s Decree No. 181/2004/ND-CP dated October 29, 2004, on implementation of the Land Law;

Pursuant to the Government’s Decree No. 197/2004/ND-CP dated December 03, 2004 on compensation, assistance and resettlement when the state recovers land;

Pursuant to the Government’s Decree No. 188/2004/ND-CP dated November 16, 2004, on methods of determining land prices and assorted-land price brackets;

Pursuant to the Government’s Decree No. 17/2006/ND-CP dated January 27, 2006, on amending and supplementing a number of articles of the Decrees guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on transformation of state companies into joint-stock companies;

Pursuant to the Government’s Decree No. 84/2007/ND-CP dated May 25, 2007, on additional provisions on issuance of land use right certificates; on land recovery; on exercise of land use rights; on order and procedures for compensation, assistance and resettlement when the state recovers land; and on resolution of complaints about land;

Pursuant to the Government’s Decree No. 123/2007/ND-CP dated July 27, 2007, on amending and supplementing a number of articles the Decree No. 188/2004/ND-CP dated November 16, 2004, on methods of determining land prices and assorted-land price brackets;

Pursuant to the Government’s Decree No. 69/2009/ND-CP dated August 13, 2009 on additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement;

Pursuant to the Circular No. 14/2009/TT-BTNMT dated October 01, 2009 of the Ministry of Natural Resources and Environment detailing compensation, support,resettlement and order of and procedures for land recovery, allocation and lease;

At the proposals of Deparment of Natural Resources and Environment at the Report No. 87/TTr-STNMT dated January 14, 2013, and the Department of Justice at the appraisal Report No. 176/BC-STP dated August 30, 2012,

DECIDES:

Article 1. To promulgate together with this Decision the regulation on compensation, support and resettlement when the state recovers land applied in geographical areas of Quang Ngai province.

Ariticle 2. This Decision takes effect on February 01, 2013.

- To replace the Decision No. 35/2010/QD-UBND dated December 27, 2010 of the provincial People’s Committee issuing regulation on compensation, support and resettlement when the state recovers land applied in geographical areas of Quang Ngai province;

- To annul content in clause 2 Article 3 of provision on minimum area for splitting land plot and order of and procedures for plot splitting and merger of land plots when the land user wish to split or merge land plots within geographical areas of Quang Ngai province, which was promulgated together with the Decision No. 22/2009/QD-UBND dated April 24, 2009 of the provincial People’s Committee.

Article 3. The Chief of office of provincial People’s Committee; heads of Departments, sectors of province; chairpersons of the district People’s Committees; heads of agencies, units which are assigned tasks of compensation, support and resettlement and concerned organizations and individuals shall implement this Decision.

REGULATION

ON COMPENSATION, SUPPORT AND RESETTLEMENT WHEN THE STATE RECOVERS LAND APPLIED IN GEOGRAPHICAL AREAS OF QUANG NGAI PROVINCE
(Promulgated together with the Decision No. 08/2013/QD-UBND dated 28/01/2013, of People’s Committee of Quang Ngai province)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This regulation provides contents on compensation, support and resettlement when the state recovers land in geographical areas of Quang Ngai province for use in purposes regarding National defense and security, national benefits, public benefits and economic development, on which the Government, Ministries and sectors at central level have assigned to the provincial People’s Committee for regulation, contents which have been assigned to the Government, Central Ministries and sectors for providing regulations, shall comply with regulations of the Government, Ministries and sectors at central level.

Article 2. Subjects of application

1. State management agencies, agencies specialized in natural resources and environment, planning and investment, construction, finance and other relevant agencies; officers doing affairs on land management.

2. Domestic organizations, resident communities, religious establishments, households and individuals; Vietnamese residing in foreign countries, foreign organizations and individuals, that are using land and recovered by State for purposes regarding National defense and security, national benefits, public benefit, economic development (hereinafter collectively referred to as persons subject to land recovery).

3. Organizations, individuals implementing investment project; other concerned organizations and individuals.

Chapter II

LAND AND ASSET COMPENSATION

Article 3. Principles for land compensation and support

Principles for land compensation and support shall comply with clause 2 Article 42 of the 2003 Land Law, Article 14 of the Government’s Decree No. 69/2009/ND-CP dated August 13, 2009 on additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement (hereinafter referred to as the Decree No. 69/2009/ND-CP) and be specified as follows:

1. When the state recovers land of users with one of conditions specified in Article 4 of this provision, the state shall make compensation.

2. Persons who have land recovered shall be compensated with new land having the same use purpose; if there is no land for compensation, they shall receive compensation equal to the land use right value at the time of issuance of the recovery decisions; in case of compensation with new land or houses, if there is any difference in value, such difference shall be paid in cash.

3. Land areas subject to compensation are land areas being legally used and being defined on field and actual measurement of the recovered land area of the land users. The determination of the land area on field and in actual condition shall be performed by units having legal entity on measurement and appraised by functional agencies.

In case the actual land area as measured is different to the land area stated in lawful documents on land use right, the land shall be compensated according to the following principles:

a) If the actual land area as measured is less than the land area stated in lawful documents on land use right, the land shall be compensated according to the actual land area as measured. In case where the actual land area as measured is less than the land area stated in lawful documents on land use right due to natural landslide, now it is confirmed by People’s Committee of commune, ward or township (hereinafter referred to as the commune People’s Committee), the area difference between the actual land area as measured and the land area stated in lawful documents on land use right shall be calculated to support to be equal to 50% land unit price of compensation in accordance with the use purpose of land area before happening natural landslide; the land area calculated for this support is not used as grounds for other support policies;

b) Where the actual land area as measured is greater than that recorded on the land use document because the earlier survey was inaccurate or because the land user did not declare the full area upon registration but the boundaries of the whole of the parcel of land are clearly marked, there is no dispute with adjacent land users and land use has not resulted from trespass or illegal occupation, there is certification by the commune people's committee where the land is recovered, then compensation shall be made in accordance with the actually measured area;

c) Where the actual land area as measured is greater than that recorded on the land use document and there is certification by the commune people's committee where the land is situated that the surplus area results from reclamation of waste land or assignment from the previous land user, and the land has been used stably and long-term and is not subject to dispute, then compensation shall be made in accordance with the actually measured area;

d) Compensation shall not be made for the surplus area where the actual land area as measured is greater than that recorded on the land use document and such increase resulted from trespass or illegal occupation.

4. To determine the residential land area so as to calculate compensation for case having the land use document:

a) In the case of a parcel of land with a garden or pond in a same land plot with dwelling house in residential areas which was formed prior to 18 December 1980 and the land user has one of land use right documents stipulated in clauses 1, 2 or 5 of article 50 of the Law on Land, then whole area of that land plot shall be determined as residential land and not subject to being deducted land levy;

b) In the case of a parcel of land with a garden or pond in a same land plot with dwelling house in residential areas which was formed prior to 18 December 1980 and the land user has no lawfull document to prove that that land plot was formed (used) as residential land prior to 18 December 1980 and reality, the land user has declared for registration to name in the land and field register or cadastral book according to the Directive No. 299/CT-TTg dated November 10, 1980 of the Prime Minister, as residential land (T), now land is confirmed by the commune People’s Committee for time of beginning land use and land use purpose on the basis of collecting opinions of residential areas including at least 3 (three) persons who have been resided at the same time prior to 18 December 1980 of the requester for confirmation, then whole area of that land plot shall be determined as residential land and not subject to being deducted the land levy;

c) In the case of a parcel of land with a garden or pond in a same land plot with dwelling house in residential areas which was formed from 18 December 1980 to prior to July 01, 2004 and the land user has one of documents stipulated in clauses 1, 2 or 5 of article 50 of the 2003 Law on Land, which clearly stated the residential land area, then residential land area shall be determined according to that document, and not subject to being deducted land levy; The remaining area in same land plot after deducting the residential land area which is compensated (if any) shall be calculated compensation by the agricultural land price according to the use purpose and be supported as prescribed in point a clause 2 Article 20 of this Regulation;

d) In the case of a parcel of land with a garden or pond in a same land plot with dwelling house in residential areas which was formed from 18 December 1980 to prior to July 01, 2004 and the land user has one of land use right documents stipulated in clauses 1, 2 or 5 of article 50 of the 2003 Law on Land, but in that document did not clearly state the residential land area, then the residential land area shall be determined as follows:

- In case where land plot has area less than the limit of residential land recognition in accordance with existing provisions of the provincial People’s Committee, the residential land area shall be determined as whole area of land plot and not required to deduct the land levy;

- In case where land plot has area more than the limit of residential land recognition in accordance with existing provisions of the provincial People’s Committee, the residential land area shall be determined as follows:

+ For households with 4 household members or less than, the limit of residential land recognition shall be determined in accordance with existing provisions of the provincial People’s Committee and not required to deduct the land levy;

+ For households with between 5 and 7 household members (reside stably and confirmed by local authority), the limit of residential land recognition shall be determined to be equal to 1.5 times of the limit of residential land recognition in accordance with existing provisions of the provincial People’s Committee and not required to deduct the land levy;

+ For households with 8 household members or more (reside stably and confirmed by local authority), the limit of residential land recognition shall be determined to be equal to two (02) times of the limit of residential land recognition in accordance with existing provisions of the provincial People’s Committee and not required to deduct the land levy.

- The remaining area in same land plot after deducting the residential land area which is compensated (if any) shall be calculated compensation by the agricultural land price according to the use purpose and be supported as prescribed in point a clause 2 Article 20 of this Regulation.

dd) In the case of a parcel of land with a garden or pond in same land plot with dwelling house and for which a certificate of land use right was granted, then the specific residential land area shall be re-determined as follows:

- In case where land plot is formed prior to December 18, 1980, the residential land area shall be re-determined as provisions in points a or b of this clause;

- In case where the land plot is granted land use right certificate for the first time prior to the effective day of the Decree No. 181/2004/ND-CP (including case of being re-granted for change) and the time of land use is formed from December 18, 1980 to prior to July 01, 2004, the residential land area shall be re-determined as prescribed in point d of this clause.

- In case where the land plot is granted land use right certificate for the first time after the effective day of the Decree No. 181/2004/ND-CP and the time of land use is formed from December 18, 1980 to prior to July 01, 2004, the residential land area shall be re-determined as prescribed in point c of this clause.

e) In case where households, individuals using land which is splitted from land plot that are compensated as prescribed in points a, b, c, d and dd of this clause, the residential land area shall be determined for total of splitted land plots and the original land plot not exceeding the residential land area which is compensated as prescribed in points a, b, c, d and dd of this clause.

5. To determine the residential land area so as to calculate compensation for case having no land use document:

a) Where the person using land plot with dwelling house or construction works prior to October 15, 1993, without one of documents specified in clauses 1, 2 or 5 of Article 50 of the Land Law and not in one of cases of land use specified in Article 5 of this Regulation, now the commune People’s Committee confirmed that there is no dispute or complaint, then the resident land area shall be determined according to the limit of residential land allocation in accordance with existing provisions of the provincial People’s Committee and not required to deduct the land levy. The remaining area in same land plot after deducting the residential land area which is compensated (if any) shall be calculated compensation by the agricultural land price according to the use purpose and be supported as prescribed in point a clause 2 Article 20 of this Regulation;

b) Where the person using land plot with dwelling house from October 15, 1993 to prior to July 01, 2004, without one of documents specified in clauses 1, 2 or 5 of Article 50 of the Land Law and not in one of cases of land use specified in Article 5 of this Regulation, now the commune People’s Committee confirmed that there is no dispute or complaint, then the resident land area shall be determined according to the limit of residential land allocation in accordance with existing provisions of the provincial People’s Committee and deducted the land levy as prescribed in Article 4 of the Circular No. 14/2009/TT-BTNMT date October 01, 2009 of the Ministry of Natural Resources and Environment, detailing compensation, support,resettlement and order of and procedures for land recovery, allocation and lease (hereinafter referred to as the Circular No. 14/2009/TT-BTNMT); the remaining land area in same land plot after deducting the land area which is compensated as residential land (if any) shall be calculated under the agricultural price according to the use purpose and be supported as prescribed in point b clause 2 Article 20 of this Regulation;

c) Where the person using residential land plot with other land types used stably prior to July 01, 2004, without one of documents specified in clauses 1, 2 or 5 of Article 50 of the Land Law but area of building dwelling house is more than the limit of residential land allocation in accordance with existing provisions of the provincial People’s Committee, now the commune People’s Committee confirmed that there is no dispute, complaint, the residential land area shall be determined as actual construction and deducted the land levy as prescribed in Article 4 of the Circular No. 14/2009/TT-BTNMT; the remaining land area in same land plot after deducting the land area which is compensated as residential land (if any) shall be calculated under the agricultural price according to the use purpose and be supported as prescribed in point b clause 2 Article 20 of this Regulation;

d) In case where households, individuals using land which is splitted from land plot that are compensated as prescribed in points a, b and c above, the residential land area shall be determined for total of splitted land plots and the original land plot not exceeding the residential land area which is determined for compensation as prescribed in points a, b and c of this clause.

6. For agricultural land plots without the land use right documents but households and individuals are using stably in reality, without dispute from the day of announcing general planning to prior to July 01, 2004, there is certification by the commune people's committee where the land is recovered to submit to the People’s Committees of districts, cities under provinces (hereinafter referred to as the district-level People’s Committees) where the land is recovered for consideration and recognition, the land shall be supported 100% according to compensation value.

7. For cases of land recovery when the land plot is in dispute or persons subject to land recovery fail to participate in examination and declaration, fail to confirm in the inventory minutes, organizations assigned task of compensation, support and resettlement shall coordinate with the commune People’s Committees, the commune people’s inspectorate board in making inventory minutes serving as basis for solving the concerned matters later and taking responsibility for the accuracy, legality of data which is measured, inventoried so as to give out plan on compensation, land recovery and allocation for project implementation.

8. Not to pay compensation and arrange resettlement for:

a) The land lessees or borrowers of persons having land subject to recovery;

b) The persons receiving capital contribution for joint-venture, association but the land use rights, the ownerships of assets not yet been transferred to the joint ventures or linked organizations;

c) Other objects that are not allocated land, leased land by State.

Handling of compensation or support amounts (if any) between the persons with lawful land use rights and owners of assets on the land subject to recovery such as the persons who hire, re-borrow land, receive capital contribution for joint venture, association shall be resolved in accordance with provisions on civil relation and the signed economic contracts.

Article 4. Conditions to be paid land compensation

The persons who is recovered land by State shall be pay land compensation if there is one of the following conditions:

1. Having land use right certificate as prescribed by law on land.

2. Having decision on land allocation by competent state agencies as prescribed by law on land.

3. Households, individuals using land stably, having certification of no dispute by the commune People’s Committee and having one of the following documents:

a) Documents on land use rights made prior to October 15, 1993, by competent agencies, during the course of implementation of land policies of the state of Vietnam Democratic Republic, the Provisional Revolutionary Government of Republic South Vietnam and the state of Socialist Republic of Vietnam;

b) Temporary land use right certificate issued by competent state agencies or being named in the land and field register or cadastral book;

c) Lawful papers on inheritance or donation of land use rights or assets attached to land and papers on handover of gratitude houses associated with land, include:

- Papers on inheritance as provided for by law;

- Papers on donation of houses or land notarized or certified by the commune People's Committees at the time of donation;

- Papers on handover of gratitude houses associated with land, issued by house-handing agencies or organizations.

d) Papers on transfering the land use right, purchase and sale of dwelling house associated with land prior to October 15, 1993, and confirmed to be land used prior to October 15, 1993 by the commune People's Committees;

dd) Papers on liquidation or sale of dwelling houses or purchase of dwelling houses attached to residential land as prescribed by law;

e) Papers issued by a competent agency under the former regime to the land user.

4. Households, individuals that are using land and have one of the papers stated in Clause 3 of this Article which bear the names of other persons and are enclosed with the land use right transfer papers signed by the involved parties, but have not yet completed the land use right transfer procedures by the time of issuance of the land recovery decisions as prescribed by law, and now have certifications of the commune-level People’s Committees that such land is dispute-free.

5. Households, individuals that are using land without the papers prescribed in Clauses 1, 2 and 3 of this Article but has used such land stably since before July 01, 2004 and now have certifications of the commune-level People’s Committees that such land is used stably, dispute-free and not in one of cases which have one of following violations at time of beginning land use:

a) Violating the detailed construction plannings which have been approved and publicly published by competent agencies;

b) Violating the detailed plannings of ground for building which have been approved and publicly published by competent agencies applicable to land area which have been handed to organization, population communities for management;

c) Trespass on or illegal occupation of the safety corridor of public construction works as announced and demarcated;

d) Trespass on or illegal occupation of a road, roadside or pavement for which construction marking lines have been drawn;

e) Trespass on or illegal occupation of land used for public purposes, of specialized use land, of land belonging to organizations, of unused land, or any other breach which was deliberately committed despite written notification to stop the breach.

6. Households, individuals that are allowed to use land under the executed judgments or decisions of people’s courts, judgment execution decisions of judgment-executing agencies or land dispute settlement decisions of competent State bodies.

7. Households, individuals that are using land which was covered under the State’s management decisions in the process of implementing the State’s land policies but has, in fact, not yet been managed by the State and has been used by such households or individuals.

8. Population communities that are using land on which exist works being communal houses, temples, pagodas, shrines, ancestral worshiping halls or family line worshiping temples and have certifications of the commune-level People’s Committees of the places where exists the to-be-recovered land that such land is used commonly for the communities and dispute-free.

9. Organizations using land in the following cases:

a) Land has been assigned by the State with land use levy collection but the paid land use levies do not originate from the State budget;

b) Land has been transferred from lawful land users but the money paid therefor does not originate from the State budget;

c) Land being used has a lawful origin from households or individuals.

Article 5. Cases of land recovery without compensation

1. The land users who are not eligible as prescribed in Article 4 of this Regulation.

2. Organizations which are assigned land by the State without land use levy collection or with land use levy collection but have paid levies which originate from the State budget; which are leased land by the State and have paid annual land rents; and which have been transferred the land use rights and have paid therefor money originating from the State budget.

3. The recovered land falls into one of the cases prescribed as follows:

a) Organizations which are assigned land by the State without land use levy collection or with land use levy collection but have paid levies which originate from the State budget; which are leased land by the State and have paid annual land rents are dissolved, bankrupted, moved to other places, decreased or not have demand for land use.

b) Failing to use the land for the right purpose, using land without effectiveness;

c) The land users who deliberately destroy land;

d) Land handed to incorrect objects or incorrect competence (except for case specified in Article 46 of the Decree No. 84/2007/ND-CP);

dd) Land is illegally encroached, occupied in the following cases:

- Unused land is illegally encroached, occupied;

- Land not allowed land use right transfer in accordance with the Land Law but the land user let land being illegally encroached, occupied due to irresponsibility

e) The land users die without any heirs;

g) The land users voluntary return land;

h) Land users deliberately refuse to fulfill their obligations towards the State;

i) Land, which is assigned or leased by the State for definite terms, is not entitled to the extension of its use duration upon the expiry thereof;

k) Land under annual crops is not used for twelve (12) months in a row; land under perennial trees is not used for eighteen (18) months in a row; land for forestation is not used for twenty four (24) months in a row;

l) Land assigned or leased by the State for execution of investment projects is not used for twelve (12) months in a row or the use tempo is twenty four (24) months slower than the tempo inscribed in the investment projects, as from the time of receiving of the land on the field, without the permission of the agencies competent to assign or lease such land.

The handling of land levies, land rents, assets invested on land for cases subject to land recovery specified in clause 3 of this Article shall be implemented as prescribed in clause 3 Article 34 and Article 35 of the Government’s Decree No. 181/2004/ND-CP dated October 29, 2004, on implementation of the 2003 Land Law (hereinafter referred to as the Decree No. 181/2004/ND-CP);

4. Protective forest land; special-use forest land; land for construction of offices, non-business facilities; land used for defense and/or security purposes; land for communications, irrigation; land for construction of cultural, medical, educational and training, sport and physical training works and other public works in service of public interests; land for cemeteries, grave-yards.

5. Agricultural land used by population communities.

6. Agricultural land used for public-utility purposes of communes, wards and townships.

7. The persons who are recovered land by State with one of conditions specified in Article 4 of this provision, but fall in one of cases specified in clauses 2, 3, 4, 5 and 6 of this Article.

Article 6. Principles for asset compensation

In furtherance of Article18 of the Decree No. 197/2004/ND-CP dated December 03, 2004. In case the system of machines, production chains may be disassembled and moved, only expenses for dismantle, transport, installment and damage when disassembly, transport, install specified in clause 6 Article 18 of the Decree No. 197/2004/NĐ-CP are compensated: Organizations assigned tasks of compensation, support and resettlement shall make or hire agencies with function to make estimates of expenses for dismantle, transport, installment and damage (if any) and send them to agencies with function of appraisal or approval to do basis for agencies approving plan on compensation in consideration and decision.

Article 7. Prices for calculation of compensation and support

1. In case land is recovered, houses, architectures, works, graves, plants and animals (aquaculture) on recovered land shall be calculated compensation and support at the unit price according to the existing provisions of the provincial People’s Committee at time of issuance of land recovery decisions.

2. For works on land and graves without price table under existing regulations of the provincial People’s Committee, organizations assigned tasks of compensation, support and resettlement shall apply the corresponding price level or make estimates (being allowed to hire unit with function of making estimates) and send them to the district-level People’s Committee or hire an unit with legal status for appraisal in order to do basis in putting them in the plan on compensation to submit to the authority level for approval; for crops not stated in the price table under existing regulation of the provincial People’s Committee, organizations assigned tasks of compensation, support and resettlement shall apply the corresponding price level and send them to the district-level People’s Committee or hire unit with legal status for appraisal to do basis in putting them in the plan on compensation to submit to the authority level for approval.

3. Cases of delayed compensation shall comply with clause 2 Article 9 of the Decree No. 197/2004/ND-CP:

a) If delays in compensation are caused by agencies or organizations responsible for compensation and the prices of land and assets atatched to land at the time of compensation publicized by the provincial-level People’s Committees are higher than those at the time of issuance of the recovery decisions, compensation shall be made at the land prices at the time of payment of compensation money; if the prices of land and assets atatched to land at the time of compensation are lower than those at the time of issuance of the recovery decisions, compensation shall be made at the land prices at the time of issuance of the recovery decisions;

b) For delays in compensation caused by persons who have land recovered, if the prices of land and assets atatched to land at the time of compensation are lower than those at the time of issuance of the recovery decisions, compensation shall be made at the prices of land and assets atatched to land at the time of compensation; if the prices of land and assets atatched to land at the time of compensation are higher than those at the time of issuance of the recovery decisions, compensation shall be made at the prices of land and assets atatched to land at the time of issuance of the recovery decisions.

Article 8. Compensation for remaining land investment expenses

Cases enjoyed compensation for remaining land investment expenses specified in point b clauses 2, 3, 4 and 5 Article 16 of the Decree No. 69/2009/ND-CP shall be calculated under clause 2 Article 5 of the Circular No. 14/2009/TT-BTNMT; in case there is no dossier, document on expenses invested in land, the remaining land investment expenses shall be calculated to be equal to 30% of compensation value of land which have the same use purpose with that land plot.

Article 9. Residential land compensation for persons sharing land use rights

Residential land compensation for persons sharing land use rights specified in clause 1 Article 15 of the Decree No. 197/2004/ND-CP and clause 2 Article 7 of the Circular No. 14/2009/TT-BTNMT but having no document to define land area that belongs to private use right of each organization, household or individual is prescribed as follows:

1. In case where persons sharing land use rights reach agreement on division of compensation and support, the amount of compensation and support shall be directly paid to each person in principle that total amounts paid to each persons shall not exceed total amounts of compensation and support for whole land area of co-use right;

2. In case where persons sharing land use rights fail to reach agreement on division of compensation and support, the amount of compensation and support shall be sent to bank at no-term interest and the land recovery, land handing for project implementation still be executed. The commune People’s Committees shall organize reconciliation to divide the amounts of compensation and support in principle that total amounts paid to each persons shall not exceed total amounts of compensation and support for whole land area of co-use right;

Article 10. Compensation and support for land and assets on land in the safety corridors when building public works with corridors for safety protection

1. In case of not changing the land use purpose (houses and works are eligible to exist in the corridors for safety protection of works) but limiting the use ability, the compensation and support in cash shall be performed under the actual damage levels according to clause 2 Article 8 of the Circular No. 14/2009/TT-BTNMT clause 5 and clause 6 Article 1 of the Decree No. 81/2009/ND-CP being prescribed as follows:

a) For land:

- Residential land and land with gardens and ponds in same residential land plot:

+ Residential land is supported equal to 80% of compensation value for residential land at the land unit price under the existing regulation of the provincial People’s Committee; the residential land that is supported due to limitations on use ability is the actual residential land situated within the safe corridors of high-voltage power grid;

+ Land with garden or pond in a same residential land plot (not eligible to be recognized as residential land) shall be supported equal to 60% of compensation and support value for land with garden or pond at the land unit price under existing regulation of the provincial People’s Committee; the area of land with garden or pond in a same residential land plot that is supported due to limitations on use ability is the actual residential land area situated within the safe corridors of high-voltage power grid.

- Garden land and perennial tree land that are not in a same residential land plot, production forest land shall be supported equal to 60% of compensation and support value for land at the land unit price under the existing regulation of the provincial People’s Committee applicable to the land area situated in the safe corridors of high-voltage power grid so as to change the land use purpose into the annual tree land; depending on land plot, the support levels shall be calculated according to Article 20 or Article 21 of this Regulation.

The land users who have received land subsidy are not entitled to grow trees which have ability of heigh development causing affect to the safe protective corridors of hight-voltage power grid.

b) For trees which have been planted before building the conductor line on air, in case of due to affects to the safe protective corridors of hight-voltage power grid, these trees must be cut down, the compensation shall be calculates in accordance with regulation;

c) Houses, works: Houses and works allowed to exist in the corridors of high-voltage power grid without dismantlement or movement shall be supported 70% of value of houses or works at the compensation unit price under the existing regulation of the provincial People’s Committee;

2. For cases where households with houses must move out the corridors:

a) Compensation and support for assets on land and resettlement: The compensation and support for assets on land and resettlement shall comply with the existing regulation of the provincial People’s Committee;

b) Land recovery and compensation: After paying compensation for movement of dwelling houses as prescribed, the residential land area within the corridors shall be changed the land use purpose into agricultural land for annual trees.

Article 11. Handling of some specific case about the agricultural land and residential land area that remain after land recovery

1. In case where the area of agricultural land plot that remains after recovery fail to have ability for cultivation due to affects of projects, the land user has a request application which is confirmed by the commune People’s Committee where the recovered land is situated, depending on specific cases, the district People’s Committee shall consider and decide land recovery and make compensation as prescribed and assign the commune People’s Committee in management and use, not calculate for compensation in the next projects.

2. Handling for cases where the remaining residential land area in urban area is not eligible for construction of dwelling house.

a) The State shall recover land for cases where the remaining residential land area in urban area is not eligible for construction of dwelling house in accordance with regulation. Specifying:

- The remaining area less than 15m²;

- The remaining area is between 15m2 and less than 40m2 and sizes of front-face width and depth are 3m less than the construction boundaries; or the remaining land part has special shape, with many corners, edges cannot be used for dwelling house; or the remaining land area is not suitable with planning for building dwelling house.

The remaining area after recovery, while State has not yet defined a specific use purpose, shall be assigned to the People’s Committee of ward, township (or the Center of land fund development affiliated People’s Committee of district or city) for temporary management;

b) In case the land users have other land plot adjacent to the remaining land area which have ability to make consolidation of two land plots, ensure eligibility for construction and in conformity with planning, land shall not be recovered and the land users shall be allowed to continue use of the remaining land area after performing procedures for consolidation of land plots.

3. In case where the residential land area in rural area after being recovered by State is less than 100m2 but has special shape with many corners, edges, cannot to used as dwelling house; or the remaining land area is not suitable with planning for construction of dwelling house; and the land users have a request application which was confirmed by the commune People’s Committee where the recovered land is situated, depending on each specific case, the district People’s Committee shall consider and decide the land recovery and compensation under regulation and assign the commune People’s Committee (or the Center of land fund development affiliated People’s Committee of district or city) for management.

Article 12. Handling of specific cases on the compensation and support for houses and works

Handling of specific cases on the compensation and support for houses and works shall comply with Article 12 of Decree No. 197/2004/ND-CP Article 10 of Circular No. 14/2009/TT-BTNMT and specified as follows:

1. Houses and works permitted for construction on land eligible to be compensated as prescribed in Article 4 of this Regulation shall be compensated as prescribed in Article 24 of the Decree No. 69/2009/ND-CP.

2. Houses and works not permitted for construction, depending on level and lawful nature of land, house and works shall be compensated or supported under the following provisions:

a) Houses and works built on land eligible for compensation as prescribed in Article 4 of this Regulation:

- Being built prior to July 01, 2004, but at time of construction, not yet had plannings, plans on land use publicized by competent authorities or construction is suitable with plannings, plans on land use, not violate protective corridors of works, the compensation shall be performed in accordance with Article 24 of the Decree No. 69/2009/ND-CP;

- Being built prior to July 01, 2004, but at time of construction, violated plannings, plans on land use publicized and demarcated by competent authorities or violated protective corridors of works, the land users shall be supported by 80% (on residential land) and by 50% (on agricultural land) of the compensation levels as prescribed in Article 24 of the Decree No. 69/2009/ND-CP.

b) Houses and works constructed on land not eligible for compensation as prescribed in Article 4 of this Regulation:

- Being built prior to July 01, 2004, but at time of construction, not yet had plannings, plans on land use publicized by competent authorities or construction is suitable with plannings, plans on land use, not violate protective corridors of works, the land users shall be supported by 80% of the compensation level as prescribed in Article 24 of the Decree No. 69/2009/ND-CP;

- Being built prior to July 01, 2004, but at time of construction, violated plannings, plans on land use publicized and demarcated by competent authorities or violated protective corridors of works, the land users shall be supported by 20% of the compensation levels as prescribed in Article 24 of the Decree No. 69/2009/ND-CP.

c) Houses and works which are built on residential land from July 01, 2004 or later, and at time of construction, violated plannings, plans on land use publicized and demarcated by competent authorities or violated protective corridors of works, shall be supported by 20% of the compensation levels as prescribed in Article 24 of the Decree No. 69/2009/ND-CP.

d) Houses and works which are built on residential land after plannings, plans on land use are publicized and not permitted construction by competent authorities shall not be compensated, but be considered for support only, or not be supported, depending on each specific case specified in points a, b and c of this clause;

dd) Houses, architectures which are built on residential land before time of announcement of plannings, plans on land use (being eligible for compensation of 100% of value) but damaged, no ability for continuing use and need to be repaired (not changing structure) or must build new houses (under scale of old houses) after plannings, plans on land use have been announces and before time of notification on land recovery, before repairing or re-building new houses, households must have request application and have written consensus of the commune People’s Committee where land is situated and must take responsibility for consensus for repair or re-construction of new houses shall be compensated for 100% of value;

e) In case where households, individuals in planned areas have urgent demands about residence so they have to built additionally dwelling houses or works on residential land after the plannings, plans in land use in details have been publicized and before time of notification on land recovery, households, individuals must have a request application for construction permission and have consensus of the commune People’s Committee where the recovered land is situated on the basis of consideration of each specific condition, circumstance, and the scale of area and house grade under the request application of heads of households must be publicized, listed at offices of commune People’s Committees and at living places of residential areas where heads of households are residing; the listing duration is ten (10) days minimally and granted the temporary construction permit by the commune People’s Committee (only permitted to build houses of level 4 or houses of lower level); especially for works serving essentially for life of households such as: toilets, bathrooms, living water tanks, cages for cattle and poultry livestock, it must have written consensus of the commune People’s Committee, the compensation and support shall be performed as follows:

- During 03 years, from the day of announcement and demarcation for detailed construction plannings on field, the State allows additional construction of temporary dwelling houses and works on residential land but those shall not be compensated or supported;

- After 03 years, from the date of announcement and on-field demarcation for detailed construction plannings, if plannings have not yet been carried out, the State allows building dwelling houses, which are compensated and supported as follows:

+ Essential works serve for living activities of households shall be compensated as reality;

+ For case where households have many couples living together, spouses who are eligible for separating from household, and have demand to build additionally dwelling houses, the maximum total area of dwelling house which each couple is allowed to build additionally shall not exceed 100m²/ household;

+ For case where households have many household members who wish to build additionally dwelling houses, total area of existing house and are of additional construction shall not exceed 20m²/ household member.

g) Houses and works which are built on land from July 01, 2004 or later, but built improperly with purpose of land use as prescribed by law shall not be compensated, supported; persons having those houses and works must self-dismantle.

Article 13. Compensation of houses and works applicable to persons using dwelling houses owned by State

Compensation of houses, works for persons using houses owned by State shall comply with Article 21 of Decree No. 197/2004/ND-CP Article 11 of Circular No. 14/2009/TT-BTNMT and specified as follows:

1. Persons who contracted to hire dwelling houses owned by State, persons who are using collective houses being build by agencies, units to allocate residence for officers, workers, employees, persons who are using houses which have ever been the working houses, warehouses, factories formely but those persons are allocated by agencies, unit to use as residence (referred to as persons using houses owned by State), which are located in land area withdrawn and must be demolished, those persons shall not be compensated for area of houses and land owned by State. If houses of those persons are subject to clearance entirely, those persons must relocate (not continue hiring houses owned by State) and if those persons had separate household registration at their residences but there is no dwelling house at resettlement area so as to lease, those persons shall be considered to support in cash for acquiring new residences; the support level is equal to 60% of land value under the land area stated in contract of hiring house or land area allocated together with dwelling house but the maximum level does not exceed the local land assignment limits in accordance with existing regulation of the provincial People’s Committee and 60% of house value for area of hired house or assigned house.

Parts of houses or works, which are renovated, repaired, upgraded or expanded additionally, in land precinct of the hired houses or assigned houses, by themselve households, before plannings, plans on land use are approved and prior to 01/7/2004, shall be supported 100% of compensation value and just applied to houses at IV-B level or lower (including other works). In case of houses built at IV.A level or higher, unit price of compensation shall be calculated to be equal to unit price of house at IV.B level.

2. Cases of illegal transfer, trespass or illegal occupation, case where agencies of house management have refused for construction permission when building, building after plannings, plans on land use are approved, building outside of land precinct of the hired houses or allocated houses, households are forced for self dismantle without compensation or support.

Article 14. Compensation for moving graves

To comply with Article 22 of the Decree No. 197/2004/ND-CP dated 03/12/2004. Especially for graves have no relatives, the communal People’s Committees where land have recovered shall declare under their names and receive compensation for moving graves as prescribed. When moving graves, there must be confirmation on field between investors, organizations assigned task of compensation, support and resettlement, representatives of households subject to the land recovery and the communal People’s Committees so as to use as grounds for paying amounts of compensation and support.

Article 15. Compensation for cultural works, historical relics, pagodas, temples, religious temples, ancestor worshiping halls or family line worshiping temples, hermitages, shrines

To comply with Article 23 of the Decree No. 197/2004/ND-CP dated 03/12/2004. Especially for projects when recover land, there are cultural works, historical relics, pagodas, temples, religious temples, ancestor worshiping halls or family line worshiping temples, hermitages, shrines managed by localities, which have so complex structure that unit price for compensation under the existing regulations of the provincial People’s Committee fail to be applied, organizations assigned task of compensation, support and resettlement shall make or hire an functional unit to make estimates and plans on relocation and send them to the provincial Department of Culture- Sport and Tourist which shall assume the prime responsibility for, and coordinate with concerned departments and sectors in evaluating and submitting to competent authorities for approval to implement.

Article 16. Compensation for cultivated plants and reared animals

Compensation for cultivated plants and reared animals shall comply with Article 24 of Decree No. 197/2004/ND-CP Article 12 of Circular No. 14/2009/TT-BTNMT and specified as follows:

1. Principles for compensation: Plants, crops and reared animals (including aquaculture) on land enjoyed compensation must ensure the following conditions:

a) Density of cultivated plants must be suitable with the density prescribed by State;

b) For the perennial trees with root diameter of 10 cm or longer, those trees shall be compensated as reality; if root diameter are less than 10 cm, those trees shall be counted under density;

c) For reared animals (including aquaculture), salt on fields and nursury seedlings:

- If at time of approving plan on compensation, it was harvest stage; they shall not be counted for compensation, support;

- If at time of approving plan on compensation, it has not yet arrived harvest stage, they shall be compensated for actual damages because they must implement early harvest so as to hand over, return land on time; if they can relocate, expenses for relocation and actual damages because they must relocate shall be counted for compensation. Organizations assigned tasks of compensation, support and resettlement shall coordinate with functional agencies of the district People’s Committee where land is recovered in determining the specific compensation levels in order to submit to authorities competent to approving plan on compensation for consideration, decision.

d) Trees shall, after being compensated fully in accordance with regulation, in principles, be owned by State; however, in order to facilitate to improve life, State agrees to allow households, individuals having trees compensated self-felling for use within 10 days from the day of receiving compensation amounts. Passing the time mentioned above, if households, individuals fail to implement self-felling for use, organizations assigned tasks of compensation, support and resettlement are entitled to organize felling and cleanup to handover ground; the felling expenses shall be accounted in expenses for compensation.

In case where organizations, individuals who are assigned land, leased land by State wish to be kept forests, gardens to be intact in order to create landscape, environment for projects, organizations, individuals assigned land by State must support additionally for persons having forests, gardens; the support level is equal to 50% of compensation value of those forests, gardens; this additional supportive funding is not deducted in land levies, land rents as prescribed.

2. Compensation:

a) Perennial trees: Compensation under the actual inventory data as prescribed in clause 1 this Article, quantity of trees over the prescribed density is supported only about seedling price at the prices prescribed by the provincial People’s Committee, but not exceed once of the allowable density , for case of regenerative trees, maximally only counted for 2 shoots per root. For trees which have arrived time limit of liquidation, owner shall only be compensated for felling expenses;

b) Compensation level for annual trees shall be counted to be equal to value of harvest output of 01 such harvest crop. Value of output of a harvest crop shall be counted under the productivity of the crop with highest productivity during three (03) adjacent previous years of main cultivated trees at localities under the average price of the products of main cultivated trees at time of approving plan on compensation (for projects need make many small plans);

c) For cultivated trees improperly with land use purpose before date of announcing plannings, plans on land use, these trees shall be supported under the price of those seedlings, at the price levels prescribed by the provincial People’s Committee, but not exceed once of the allowed density. For cultivated trees on garden bunds, plot bunds before the date of announcing plannings, plans on land use, these trees shall be compensated under the actual inventory quantity regardless of land use purpose;

d) For cultivated trees and sub-forest products planted on area of forestry land assigned to households, individuals by State for cultivation, zoning for rearing, protection, reproduction of forests, but when assigning, they are barren land and hills, households and individuals already invested in planting forest by their capital shall be compensated under the sale prices of forest trees which are cut at forest gate with the same kind in localities at time of issuing decision on land recovery or at time of making plan on compensation and deducted the recovery value (if any).

3. For willow, eucalyptus and acacias of all kinds with root diameter longer than 14 cm, it is required to determine the specific root diameter and height in inventory minutes and sonsensus of heads of households serving as basis for calculating compensation according to cubic meter (m³) of paper material

4. For cultivated trees interfered with various trees on a same area shall be compensated as follows:

a) For cultivated trees interfered on a same residential land plot, garden land in same residential land plot prior to time of notification on land recovery shall be calculated compensated based on actual quantity;

a) For short-term crops planted alternately in area of industrial trees, perennial fruit trees shall be calculated compensation for the separate area of such crops, but maximally not exceed 70% of area of the recovered land plot cultivating industrial trees and fruit trees.

5. Compensation amounts for natural forest are remitted to the provincial state budget; especially for forest trees planted by capital from state budget, natural trees assigned to organizations, households, individuals for planting, management, caring, protection, the compensation amounts shall be divided to the persons managing, caring, protecting in accordance with law on forest protection and development, the forest project management board shall supply dossiers for each specific case at the request of organizations assigned task of compensation, support and resettlement.

Chapter III

SUPPORT POLICY

Article 17. Relocation support

Relocation support shall comply with article 18 of the Decree No. 69/2009/ND-CP and specified as follows:

1. For households, individuals who must relocate when State recovers land in accordance with clause 1 article 18 of the Decree No. 69/2009/ND-CP and be confirmed the scope of relocation by the communal people’s Committee, support shall be prescribed as follows:

a) Relocation in scope of Quang Ngai province, they shall be supported 5,000,000 VND/household;

b) Relocation of entire dwelling house outside province, they shall be supported 7,500,000 VND/household;

c) For households hiring dwelling houses not owned by State before planning, plan on land use, and these households have lawful lease contracts, if they must relocate when State recover land and dismantle houses, they shall be supported the relocation expenses of 3,500,000 VND/household.

2. Organizations which are assigned land, leased land by State or are legally using land, when State recover land, if they must relocate their production and business facilities in accordance with clause 2 article 18 of the Decree No. 69/2009/ND-CP prescribed as follows:

Organizations assigned task of compensation, support and resettlement shall make estimate for relocation expenses or hire advisory organizations or individuals with legal status to make and appraise estimate for relocation and submit to authorities competent to approval for the compensation plan for consideration and decision.

3. Persons who are recovered residential land and have no other residence, while waiting to acquire new residence (allocation in resettlement areas) shall be allocated temporary residential houses or supported house rents, prescribed as follows:

The persons who is recovered land must relocate, move residence entirely, or households which dismantle partly house but the remaining part cannot be used and they must build new houses, if there is no other residence in commune, ward, township where land is recovered, and be confirmed by the commune People’s Committee where land is recovered, during waiting for rebuilding houses or acquiring new residence, they shall be supported house rents or permitted to make temporary house as follows:

a) For households with five (05) household members or less than, they shall be supported VND 9,000,000 household/6 months; for households with six (06) household members or more than, each increased household member shall be supported VND 900,000 person/6 months;

b) If at time of ground handover, in case of not yet having land for resettlement, but due to requirement on process of ground clearance for project implementation and households have been reached uniformity, they shall be supported additionally 1,500,000 VND/month for households with five (05) members or less than, for households with six (06) members or more, each increased member shall be supported VND 150,000 person/month from the date of ground handover until households are assigned resettlement land; the investors of resettlement area construction shall report to authorities competent to investment decision about reason of delay of resettlement land handover, propose specifically the completion duration of the resettlement area and take responsibility with State for this handover delay;

c) In case households have been calculated compensation and support by State as prescribed and assigned resettlement land but they refused for receiving resettlement land, they shall not be supported additionally from the date of inviting for land handover.

Article 18. Resettlement support

Resettlement support shall comply with article 19 of the Decree No. 69/2009/ND-CP item 2 of the Official Dispatch No. 310/BTNMT-TCQLdd dated 29/01/2010 of the Ministry of Natural Resources and Environment, on settling problems upon implementing the Decree No. 69/2009/ND-CP (hereinafter referred to as the official dispatch No. 310/BTNMT-TCQLdd) and specified as follows:

1. A minimum resettlement quota, according to clause 1 article 19 of the Decree No. 69/2009/ND-CP, including a residential land quota with smallest area and lowest value in resettlement area, prescribed as follows:

a) Households, individuals that have compensation amounts of residential land and support amounts of agricultural land in residential area and land with gardens, ponds not be recognized as residential land (if any) less than value of a minimum resettlement quota shall be support the difference; in case they refuse receipt of residential land in resettlement area, they shall be receive an amount similar to that difference;

b) A minimum resetlement quota is defined as follows:

- For resetlement areas already been built and defined in the annual residential land price table in geographical areas of province, the minimum resettlement quota shall be defined by: if land price at the resettlement area has been fixed at a price only, the area of the minimum land plot in resettlement area shall be multiplied with the set price unit; if land price at the resettlement area has been fixed at many price levels, the area of the minimum land plot in resettlement area under each price level shall be multiplied with the price unit under each price level, then compare value between positions calculated, the minimum value shall be defined as the minimum resettlement quota;

- For resettlement areas that have just been built and not yet been defined in the annual residential land price table in localities of province, the minimum resettlement quota shall be defined by: Organizations assigned tasks of compensation, support and resettlement shall coordinate with investors in proposing the specific value of minimum resettlement quota for each project and send to financial agencies at the same level; the financial agencies shall assume the prime responsibility for, and coordinate with concerned agencies in appraising and submitting to authorities approving plan on compensation for approval to do basis for calculation of support as prescribed.

2. An infrastructure investment quota according to clause 2 article 19 of the Decree No. 69/2009/ND-CP to calculate support is precribed as follows:

Households, individuals who must relocate when State recover land but they can self-acquire residence, they shall be supported an amount equal to an infrastructure investment quota calculated for a household in a concentrated resettlement area; except for case where they have been received amounts for resettlement support as prescribed in clause 1 of this article.

An infrastructure investment quota calculated for a household in a concentrated resettlement area to support shall be VND 120,000,000 (one hundred twenty million Vietnam dong) for wards; VND 80,000,000 (eighty million Vietnam dong) for townships and VND 60,000,000 (sixty million Vietnam dong) for the remaining communes; each eligible household shall be support once only.

Article 19. Support for life and production stabilization

Support for life and production stabilization shall comply with article 20 of the Decree No. 69/2009/ND-CP, article 14 of the Circular No. 14/2009/TT-BTNMT and specified as follows:

1. Households, individuals directly producing agriculturally, which are eligible to be compensated upon State recover agricultural land (including land with gardens, ponds and agricultural land prescribed in clause 1, clause 2 article 21 of the Decree No. 69/2009/ND-CP) shall be supported for life stabilization according to the following provisions:

a) In case of recovering between 30% and 70% of area of used agricultural land, they shall be support for life stabilization within 06 months if they do not have to relocate and within 12 months if they have to relocate; in case where they have to relocate to areas with difficult economic and social conditions or special difficult economic and social conditions, support duration shall be 24 months;

b) In case of recovering over 70% of area of used agricultural land, they shall be support for life stabilization within 12 months if they do not have to relocate and within 24 months if they have to relocate; in case where they have to relocate to areas with difficult economic and social conditions or special difficult economic and social conditions, support duration shall be 36 months;

c) In case where each recovery land part is less than 30%, they shall be accumulated untill reach 30% of area of used agricultural land to be calculated support according to point a this clause; when the accumulated number is over 70% of area of used agricultural land, they shall be calculated for support according to point b this clause but it is required to deduct the number of months supported before, the accumulated level shall be defined for all area of recovered agricultural land of projects implemented from the effective date of the Decree No. 197/2004/ND-CP; the support level under the support rate which the last investor takes responsibility for the persons who have land recovered.

If each recovery land part is less than 30% or accumulation of recovery land parts is less than 30% of area of used agricultural land, they shall be not supported.

2. Households, individuals who are recovered residential land and have to relocate or move residence on the remaining land part but not fall in cases prescribed in clause 1 this article, they shall be supported for life stabilization within six (06) months if households must relocate or move residence on the remaining land part and within three (03) months if households have main houses that are cut partly, in case they have to move to locations with difficult economic – social conditions or special difficult economic – social conditions, the support duration will be 12 months.

3. The support level for a household member as prescribed in clause 1 and clause 2 of this article shall be counted in cash equivalent to 30 kg ordinary rice which is notified quarterly by the provincial Department of Finance, so as to apply in localities of province. The number of household members counted for support is defined under the current number of members in household at time of making plan on compensation and confirmed by the commune People’s Committee where land is recovered.

4. Support for production and business suspension:

a) When State recovers land of economic organizations, production and business households registered business which have to suspend production and business activities as prescribed in clause 2 article 20 of the Decree No. 69/2009/ND-CP clause 3 article 14 of the Circular No. 14/2009/TT-BTNMT they shall be supported equal to 30% of one (01) post-tax income year, according to the average income level of three (03) adjacent previous years; in case where the business time is not sufficient three (03) years, it shall be counted under the average income level (counted annually) from the date of beginning business (according to the certificate of business registration) to time of land recovery.

The post-tax income is defined by basing on audited financial statements or accepted by tax agencies; in case where these financial statements have not yet been audited or accepted by tax agencies, the determination of post-tax income is based on the post-tax income as declared by units in the financial statements, reports on results of production and business operation at the end of each year already sent to tax agencies.

For organizations of which a part of works are demolished but not affect to process of production, business and service provision or of which works are demolished and have to suspend production and business but have not yet finished financial duties to State as prescribed at time of announcement on land recovery, they shall not be supported for production and business suspension.

b) For the production and business households, or households providing personal services at house, if they have to suspend production or business because their business places are demolished, if they have certificates of business registration, paid full tax at business places under confirmation of the local tax agencies, they shall be supported for production and business suspension of 2,400,000 VND/household.

For households of which houses are demolished partly but not affect to process of production, business and service provision or of which houses are demolished and have to suspend production and business but have no certificate or business registration or have certificates of business registration but get tax debt for 3 last months or have been withdrawn business permit, they shall not be supported for production and business suspension.

5. Households, individuals who are using land as from receiving land under contracts in order to use for agricultural, forestrial or aquacultural purposes (excluding protective forest land) specified in clause 3 article 20 of the Decree No. 69/2009/ND-CP when State recover land, they shall be supported equal to 70% of land price according to current use purpose but not exceeding the land assignment limits for agricultural production in localities.

6. Households, individuals who are compensated by agricultural land specified in Clause 4 Article 20 of the Decree No. 69/2009/ND-CP are prescribed as follows:

- Support once in cash for purchase of plant varieties and animal breeds according to density of planting or rearing on area compensated by land;

- Support once in cash for services of agricultural encouragement, forestry encouragement, services of plant protection, veterinary, techniques of cultivation and professional techniques for production on area compensated by land.

Organizations assigned tasks of compensation, support and resettlement shall coordinate with functional agencies of the district-level People’s Committees where land is recovered in defining and proposing subsidies for plant varieties, animal breeds and services in conformity with reality and prices at time of making plan on compensation and submitting to authorities competent to approval of plan on compensation for consideration and decision.

Article 20. Support for agricultural land in residential area and land with gardens, ponds not be recognized as residential land

Support for agricultural land in residential area and land with gardens, ponds not be recognized as residential land shall comply with Article 21 of the Decree No. 69/2009/ND-CP Article 15 of the Circular No. 14/2009/TT-BTNMT item 3 of the official dispatch No. 310/BTNMT-TCQLdd and specified as follows:

1. Residential areas in town, residential areas in rural areas are defined under boundaries of land plots with houses at outermost position of villages, hamlets, and similar resident locations.

The commune People’s Committees where land is recovered shall assume the prime responsibility for, and coordinate with organizations assigned tasks of compensation, support and resettlement in determination of boundaries of land plots with houses at outermost position in order to do basis for calculating supports for agricultural land in resident areas and land with gardens, ponds not be recognized as residential land and proposing to send them to the district Divisions of Natural Resources and Environment to assume the prime responsibility for, and coordinate with concerned divisions in appraising and submitting to the district-level People’s Committees for consideration and decision and publicize them before making plan on compensation.

2. Support level:

a) When households, individuals are recovered land with gardens, ponds in a same land plot with houses in residential area but not recognized as residential land; land with gardens, ponds in a same land plot with separate house; land with gardens, ponds in a same land plot with house along to canals and traffic routes specified in Clause 1 Article 21 of the Decree No. 69/2009/ND-CP apart from compensation according to price of agricultural land for planting perennial trees, households, individuals also are supported equal to 50% of price of residential land of such land plot, the supported area is equal to 05 (five) times of residential land assignment limit in accordance with current regulations of the provincial People’s Committee but does not exceed area of recovered land. If total support level of land with gardens, ponds in a same land plot with houses but not recognized as residential land is lower than the total support level of agricultural land specified in point b this Clause, it allows to select support according to point b of this Clause;

b) Households, individuals who are recovered agricultural land in administrative boundary of wards, in residential area of township, rural residential area; agricultural land plot adjacent to boundary of wards, boundary of residential area specified in Clause 2 Article 21 of the Decree No. 69/2009/ND-CP apart from being compensated under the price of agricultural land, shall also be supported according to the percentage rate of the average residential land price as promulgated annually by the provincial People’s Committee.

The supported area is equal to five (05) times of residential land assignment limit in accordance with current regulation of the provincial People’s Committee but does not exceed area of recovered land.

3. In case where households, individuals directly producing agriculturally and being assigned agricultural and forestry land by State as prescribed in points a, Clause 1 Article 22 of this Regulation, are recovered agricultural land in residential areas and land with gardens, ponds not be recognized as residential land, if total support levels of land is lower than total support levels counted under Article 21 of this Regulation, it allows to select support according to Article 21 of this Regulation.

Article 21. Support for job change and creation

Support for job change and creation shall comply with Article 22 of the Decree No. 69/2009/ND-CP Article 16 of the Circular No. 14/2009/TT-BT and specified as follows:

1. Support for job change and creation shall be equal to 2.5 times of agricultural land price for all area of recovered agricultural land eligible for compensation, but the compensated area does not exceed two (02) ha for one household; especially for forestry land (production forest land), the support level shall be equal to 3.5 times of agricultural land price but the compensated area does not exceed area situated in local plan on land assignment (if localities have no plan on land assignment, the supported area shall not exceed five (05) ha).

In case where localities have condition on land in order to support once by a residential land quota or a non-agricultural production and business land quota specified in point b Clause 1 Article 22 of the Decree No. 69/2009/ND-CP they shall be supported level of residential land quota or non-agricultural production and business land quota with area equal to new residential land assignment limit as prescribed by the provincial People’s Committee.

2. In case where the supported persons as prescribed in Clause 1 of this Article wish to be trained, learned vocational course, they shall be received in establishments of vocational training and be supported all learning and training charges for a course applied to subjects in labor age; subsidies involving learning charges are paid to training establishments. Support of learning charges for vocational training is defined in plan on vocational training, job change and creation.

Organizations assigned tasks of compensation, support and resettlement shall formulate plan on vocational training, job change and creation for households that are recovered cultivation land, in resettlement areas. This plan is made and approved together with the plan on compensation, support and resettlement.

Content of plan needs define clearly: Labor and job situation, needs of vocational learning, changing jobs; needs and aspirations about jobs; targets, norms, tasks of vocational training, job change and creation; subjects and conditions to be support for vocational learning.

a) Training expenses:

Expenses for a vocational training include: Support for learning charges, accommodation, travelling and other expenses directly involving the training course. Duration of a training course does not exceed 12 months; support norm of training charge is 03 million VND/ course. Support of meal is 20,000 VND/ actual learning day; support of traveling does not exceed 200,000 VND/ training course, if the residing place is 15km or further in comparison with learning place. The provincial Department of finance shall guide implementation of the expenditure norm;

b) Responsibilities of organizations assigned tasks of compensation, support and resettlement;

- To make and submit to competent agencies for approval of plan on vocational training, job change and creation in respect to households who are recovered cultivation land; concurrently to be focal agency which shall assume the prime responsibility for, and coordinate with departments, sectors, localities, concerned units in implementing the plan already approved;

- To coordinate with the provincial Service of labor - Invalids and Social affairs in selecting the establishments of vocational training to enter into contracts of vocational training with those establishments of vocational training;

- To pay cost for a training course under contract already signed with establishments of vocational training.

c) Responsibilities of investors:

- To notify specifically in writing to organizations assigned tasks of compensation, support and resettlement about trades, labor quantity (trained laborers, laborers received vocational training and untrained laborers);

- To commit in writing with organizations assigned tasks of compensation, support and resettlement about receipt of laborers who are relocated cultivation land, give up land for projects and must change jobs to work in companies, factories, plants, etc under projects recovering land (using minimally 60% of untrained laborers, 100% of laborers received vocational training suitable with employment requirement of enterprises, if these laborers wish to work in enterprises).

3. Especially for fishing households, the provincial People’s Committee shall have specific regulation on support level.

Article 22. Subjects, area of used agricultural land to define support for life and production stabilization at Clause 1 Article 19; support for job change and creation at Clause 1 Article 21 of this regulation and being specified as follows:

1. Subjects, which are supported for life and production stabilization, supported for job change and creation, are households, individuals directly producing agriculturally complying with clause 1 Article 14 of the Circular No. 14/2009/TT-BTNMT point a, item 1 of the official dispatch No. 310/BTNMT-TCQLdd and defined as follows:

a) Households, individuals who are assigned agricultural land, forest land upon implementing the Government’s Decree No. 64/CP, dated 27/9/1993, promulgating regulation on assigning agricultural land to households and individuals for stable and long-term use in purpose of agricultural production; the Government’s Decree No. 02/CP, dated 15/01/1994, promulgating the regulation on assigning forestry land to households and individuals for stable and long-term use in purpose of forestry production; the Government’s Decree No. 85/1999/ND-CP dated 28/8/1999, amending and supplementing a number of Article of the regulation on assigning agricultural land to households and individuals for stable and long-term use in purpose of agricultural production and supplementing the salt land assignment to households and individuals for stable and long-term use; the Government’s Decree No. 163/1999/ND-CP dated 16/11/1999, on assigning land, leasing forestry land to organizations, households and individuals for stable and long-term use in forestry purpose ; the Decree No. 181/2004/ND- CP;

b) Agricultural members in household specified in point a of this clause but arise after agricultural land is assigned to that household;

c) Households, individuals fall in subjects eligible to be assigned agricultural land as prescribed in point a of this Clause but have not yet been assigned agricultural land and are using agricultural land due to being transferred, received inheritance, donation, reclaiming as prescribed by law; and being confirmed by the commune People’s Committee, where land is recovered, that they are directly producing on that agricultural land.

2. Area of agricultural land that is counted for life and production stabilization and used by households, individuals specified in clause 1 article 19 of this Regulation includes: Area of annual tree land, perennial tree land, assigned land for planting production forest, land for aquaculture, salt land, other agricultural land complying with Clause 2 Article 14 of the Circular No. 14/2009/TT-BTNMT and defined as follows:

a) For agricultural land had papers involving land use right (certificate of land use right, papers specified in clauses 1, 2 and 5 Article 50 of the Land Law), it shall be defined under the land area stated in such papers;

b) For agricultural land had no papers involving land use right but presented in plan on assigning agricultural land, when implementing provisions in point a Clause 1 of this Article, agricultural land area shall be defined under such plan;

c) For agricultural land had no papers, no plan on assigning agricultural land specified in points a, b of this clause, it shall be defined under the actual using status.

3. Regarding agricultural land area counted to support for job change and creation specified in clause 1 Article 21 of this provision shall comply with point a item 1 of the official dispatch No. 310/BTNMT-TCQLDD and be defined as follows:

a) For districts, cities which have performed or not yet performed the agricultural land assignment according to the Decree No. 64/CP, agricultural land area includes: Annual tree land, perennial tree land, land for aquaculture, salt land, other agricultural land, land due to reclamation in proper with law, confirmed by the commune People’s Committees where land is recovered that households, individuals are directly producing on that agricultural land, they shall be counted to support but not exceed two (02) ha for one household;

b) For districts, cities which have performed or not yet performed the forest land assignment (productive forest land) according to the Decree No. 02/CP, Decree No. 85/1999/ND-CP Decree No. 163/1999/ND-CP area counted to support will be the area in plans on local land assignment to households, individuals to directly product (if localities have no plan on land assignment, area counted to support shall not exceed five (05) ha).

Article 23. Support when recover public-utility land of communes, wards or townships

Support when recover public-utility land of communes, wards or townships shall comply with Article 31 of Decree No. 197/2004/ND-CP and be specified as follows:

In case recovered land belongs to public-utility land funds of communes, wards or townships, it shall be supported 60% of land compensation value, subsidy shall be remitted in state budget and brought into annual communal budget estimate and allowed to use only for investment in construction of infrastructure used for communal public utility purposes.

Article 24. Other supports

Other supports shall comply with Article 23 of the Decree No. 69/2009/ND-CP and be specified as follows:

1. For cases where households which are recovered residential land with lawful land, houses and architectures, provided that households are directly using, have permanent residence registration in locality, and have to move residence on the remaining land part or relocate entire residence, but total compensation funding for houses, architectures (excluding cages, farms of cattle, poultries) is not sufficient to rebuild houses at IV.A level, area of 40m2 at the current compensation unit price of the provincial People’s Committee, that difference shall be supported. Organizations assigned task of compensation, support and resettlement shall define the specific support level to submit to authorities competent to approval for plan on compensation for consideration and decision.

2. For households that are demolished a part of houses, the remaining house part still exist on the land part not be recovered, they shall be supported to repair the demolished house part with levels of 3,600,000 VND/household (for houses of III level or higher level), 2,400,000 VND/household (for houses of IV level and houses on stilts of mountainous people) and 1,700,000 VND/household (for houses of other form). Especially repair of awning (NK5 house) is not supported.

A house with various levels shall be supported at the maximum level of the demolished house. If a household have many houses demolished partly, it shall be counted to support for repair of the demolished part according to each house at the support level as prescribed above.

3. For households of which residence are demolished entirely or partly but the remaining house part is not able to continue using and they have to build a new house on the remaining land part, they shall be supported 2,400,000 VND/household to move.

4. For single kiosks used for sale, production and business with the small nature of householder or used for other services (not attached to houses, not fall in cases of illegal construction on the illegally-trespassed land, or built on agricultural land). When suffering entire clearance or it is not able to use the remaining part to continue sale, production and business, kiosks shall be supported 1,200,000 VND/kiosk to move.

5. In case of land plots with gardens, ponds in a same land plot with houses formed prior to 18/12/1980, the land users have no lawful papers proving that such land plot had been formed (used) as residential land prior to 18/12/1980, and have been granted certificate of land use right or not yet been granted certificate of land use right but on the 299 map, these land plots are presented as residential land (T). The land users must write a specific explanation about land use origin, land use process and commit about their declaration before law, the commune People’s Committees shall organize the publicly listing of the explanation and commitments of land users, collect opinions of people to present the agreement or disagreement; on that basis, the commune People’s Committee shall confirm time of beginning the land use as residential land; confirmation of land origin, time of land use comply with the form No. 01 promulgated together with the Circular No. 06/2007/TT-BTNMT dated 02/7/2007 of the Ministry of Natural Resources and Environment.

The commune People’s Committees shall take whole responsibility for time of using land as residential land prior to 18/12/1980, land without dispute and listed publicly at offices of commune People’s Committee and at living places of residential area where land is recovered, the listing duration is ten (10) days and if no household in area or land recovery has questions, complaints, feedbacks in writing, apart from the residential land area which are compensated as prescribed, households shall be also counted to support additionally for land area similar to residential land equal to three (03) times of residential assignment limit in accordance with current regulation of the provincial People’s Committee (especially for plans approved by the provincial People’s Committee, it is required to be considered and recognized by the district People’s Committee).

Total residential land area compensated as prescribed and area counted to support in consideration as residential land for land plots had been granted certificate of land use right or not yet been granted certificate of land use right specified in this Clause shall be equal to 04 (four) times of residential land assignment limit in accordance with current regulation of the provincial People’s Committee and not exceed the lawful land area of the recovered residential land plot and be counted to assign additionally resettlement land at rate of 30% for the area part counted to support similar to residential land.

The remaining area in a same land plot, after deducting total area compensated and supported similar to residential land as prescribed, shall be counted to compensate and support according to type of agricultural land.

In case where listing and publicizing result of confirmation about origin and time of using land to do dwelling house, there are questions, feedbacks or comments in writing, the chairpersons of commune People’s Committee must organize, direct to verify, clarify and report to the district-level People’s Committees for consideration and conclusion in writing, publicizing the conclusions to do basis for considering to support or not.

6. Households which must move residence relocate entirely or households of which houses are demolished only a part but the remaining house parts are not able to use, have to build new houses, and fall in policy subjects (with certificates or confirmations of competent state agencies) will be supported as follows:

a) Households with main relatives (parents of or persons who had directly nurtured martyrs) having from 3 martyrs or more, households of Vietnamese Heroic Mother, households with invalids ¼ or diseased soldiers ¼, households with heroes of armed forces, labor heroes shall be supported 3,500,000 VND/ household;

b) Households with main relatives (parents of or persons who had directly nurtured martyrs, wife and children of martyrs) having 2 martyrs, households of martyrs and lack of manpower, households with invalids 2/4 or diseased soldiers 2/4 shall be supported 2,500,000 VND/household;

c) Households with main relatives (parents of or persons who had directly nurtured martyrs, wife and children of martyrs) having 2 martyrs, invalids or diseased soldiers already ranked, or households being elderly and lack of manpower or disabled person which are confirmed by the People’s Committees of communes, wards and townships where having land recovered shall be supported 1,500,000 VND/ household;

d) Households directly worshiping Vietnamese Heroic Mothers, Heroes of armed forces, Labor Heroes which are confirmed by People’s Committees of communes, wards and townships where the recovered land is situated shall be supported 1,000,000 VND/household;

e) Households, individuals which are recovered land are poor households at time of land recovery and have to move residence or relocate or are recovered over 30% of agricultural land area which are being used, apart from the support as prescribed in Clause 1 of this Article, shall be supported for life stabilization additionally so as to overcome status of poor household with the specific support as follows:

- For households in wards in Quang Ngai city and townships in rural districts: 3,000,000 VND/household;

- For households in Nghia Dung, Nghia Dong communes in Quang Ngai city and delta communes in delta rural districts: 4,000,000 VND/household;

- For households in mountainous communes in delta rural districts, communes in mountainous rural district and islands: 5,000,000 VND/household.

The determination of poor household is based on valid certificate of poor household. In case where households have been approved for eligibility to fall in case of poor household but have not yet been granted certificates of poor households, based on approved list of poor household in year supplied by the district-level divisions of Labor, Invalid and Social affairs where the recovered land is situated on the basis of suggests of organizations assigned task of compensation, support and resettlement.

e) In case a household has many policy objects, it may be accrued the support levels; but for each person, he/she may be enjoyed only the highest support level.

7. For households which must move entire residence or relocate on the remaining land part, and demolish houses with water meter, electric meter and fixed telephone, movable cable Vietnamese, fixed internet, these households shall be supported expenses for relocation (take advantage of old supplies) and expenses for re-installment, as follows:

a) For households which must move entire residence to new residence:

- Water meter: 1,200,000 VND/household.

- Electric meter:

+ 1-phase electric meter: 350,000 VND/meter;

+ 3-phase electric meter: 600,000 VND/meter.

The support level for relocation of electric meter is not applied to electric meters installed by household to check the used-monthly electric output in comparison with main electric meter of household.

- Fixed telephone: 100,000 VND/machine;

- Cable TV: 600,000 VND/ household;

- Fixed internet: 600,000 VND/household.

b) For households which must relocate entire residence or only performed clearance partly but the remaining house parts are not able to use and must rebuild all houses on the remaining land parts:

- Water meter: 600,000 VND/household.

- Electric meter:

+ 1-phase electric meter: 200,000 VND/meter;

+ 3-phase electric meter: 300,000 VND/meter.

8. Support for grave relocation

a) For graves buried less than 01 year (according to certificate of death or confirmation of the commune People’s Committee where the recovered land is situated), will be supported additionally 2,400,000 VND/grave;

b) For graves buried from 01 year to less than 02 years (according to certificate of death or confirmation of the commune People’s Committee where the recovered land is situated), will be supported additionally 1,700,000 VND/grave;

c) For graves buried from 02 years to less than 03 years (according to certificate of death or confirmation of the commune People’s Committee where the recovered land is situated), will be supported additionally 1,200,000 VND/grave;

d) For graves buried over 03 year, will be supported additionally 600,000 VND/grave;

e) For projects which must relocate graves of ethnic minority people, apart from the compensation, support levels as prescribed, each hamlet will be supported additionally five (05) million VND so as to organize a grave-leaving ceremony according to particular customs.

9. Households, individuals directly producing agriculturally that have main living source from agricultural production, when they are recovered agricultural land being used by state but they are not eligible to be compensated as prescribed in Article 4 of this Regulation, they shall be supported 10,000 VND/m2 for the recovered land area, but not exceed two (02) ha for agricultural land and thirty (30) ha for forest land for one household.

10. Households, individuals who have land recovered not fall in cases supported according to article 18 of this regulation, when assigning resettlement land and remitting land use levies at resettlement areas as prescribed in Clause 4 Article 26 of this Regulation, if the residential land price at the resettlement area is higher than the recovered land price, they shall be supported as follows:

a) For persons who are recovered land and are assigned resettlement land by State under Clauses 1, 2, 3 and 4 Article 28 of this Regulation, but the residential land unit price at resettlement area is higher than the recovered land unit price, they will be supported an amount equal to the residential land unit price difference between two (02) positions according to the land price provided for by the provincial People’s Committee and counted to support for the residential land area assigned at the resettlement area as prescribed; especially for the area assigned additionally so as to be adequate as a portion, under Clauses 2, 3 and 4 Article 28 of this Regulation, at request of household (if any) will pay land use levy at resettlement areas. This support expenditure will be counted in total compensation funding;

b) The area of resettlement land, which is counted to assign additionally under the rate in Clauses 2 and 3, Article 28 of this Regulation, but not be assigned resettlement land, will be supported a difference amount equal to land price at the resettlement area deducting the residential land recovered.

11. In case where households, individuals are recovered agricultural land in administrative boundary of ward, in residential area of township, rural residential area; agricultural land plot adjacent to boundary of ward, boundary of residential area which is more than 05 (five) times of the residential land limit in accordance with current regulation of the provincial People’s Committee, for difference of agricultural land area recovered more than 05 (five) times residential land limit, it will be counted to support equal to 1.5 times of agricultural land price.

12. Reward for dismantle of houses, architectures and ground handover in accordance with the schedule set out by investor to households, individuals who must relocate and fall trees will be equal to 5% of compensation and support value of houses and architectures, but maximally not exceed 5,000,000 VND/household. This reward will be counted in advance in plan on compensation, but when implement, only pay to households implementing ground handover in accordance with schedule.

Chapter 4

RESETTLEMENT

Article 25. Making and implementing resettlement projects

Making and implementing resettlement projects shall comply with Article 33 of the Decree No. 197/2004/ND-CP and specified as follows:

1. Based on planning, plan on land use and conditions on economic-social development of each locality, each sector which have been approved by competent authorities, the provincial People’s Committee shall decide or authorize to the district-level People’s Committees to organize to make projects on resettlement area, area reducing population density or apartment buildings ensuring resettlement to persons who are recovered land and must relocate; new residence must have technical infrastructure and social infrastructure which are equal or better than old residence; have land for re-cultivation or conditions to change job suitable with each family, age group. Orientation in planning and building resettlement areas for each zone is provided as follows:

a) For mountainous areas, rural regions (land is recovered to implement projects of irrigation, hydropower, planting forest, planting industrial trees), the planning construction of resettlement areas must be suitable with customs, labor practices of each region, each ethnic; combine the concentrated resettlement and the dispersed or composite resettlement; resettlement planning must be associated with re-cultivation planning and bringing livelihood to people at new residence to be better than the old residence; when assigning land to investors to implement projects, the licensing agencies should have condition involving the forcible recruitment for laborers being children, members in households of which land has been assigned to investors for implementing projects under a suitable rate, specially prioritize to receive untrained laborers (excluding the irrigation and hydropower projects, and infrastructure investment projects);

b) For the Dung Quat economic area and industrial parks (land is recovered for implementing projects of production, infrastructure investment, etc), the construction planning of resettlement areas must be a new urban centers; ensure a sufficient and synchronous technical infrastructure, social infrastructure and services so as to create new jobs for people of resettlement; position to build resettlement areas must be attached to industrial parks so as to supply laborers, services for industrial parks; and create new jobs for laborers of resettlement; when assigning land to investors to implement projects, the licensing agencies should have condition involving the forcible recruitment for laborers being children, members in households of which land has been assigned to investors for implementing projects under a suitable rate, specially prioritize to receive untrained laborers;

c) For city and township areas (land is recovered in serve of projects on new urban areas; infrastructure constructions and gentrification): Cities and rural districts should proactively plan construction of new urban centers so as to serve for resettlement and creating new jobs for many projects in a same geographical area; new urban centers must be full conditions for accommodation and creating services to solve job affair for laborers of resettlement; concurrently, investors of new urban centers must be responsible for using 20% of residential land in projects of new urban centers for localities to form land funds in serve of resettlement; investors will be returned the invested expenses.

2. Making projects and construction of resettlement area shall comply with current regulations on investment and construction management.

3. Infrastructures in resettlement areas, after finishing construction, already been made finalization, will be handed over to the district-level People’s Committees for management at the same time of handing over land funds for resettlement areas, management agencies shall organize maintenance, preservation of common infrastructures as prescribed.

Article 26. Resettlement arrangement

1. Principles of resettlement arrangement:

To prioritize resettlement on spot for persons who are recovered land at places with resettlement projects; to prioritize advantageous positions for households which implement ground clearance early; households with advantageous positions in old residence, households with meritorious to country.

2. To publicize tentative resettlement arrangement plans:

Organizations assigned tasks of compensation, support and resettlement are responsible for coordinating with local authorities in notifying and publicizing tentative resettlement arrangement plan to each household which recovered land and must relocate; facilitate for households which must relocate to be view specifically the resettlement area before submitting to the competent authorities for approval. Content of notification includes: Locations, scale of land fund, area of each land plot, tentative arrangement of households in resettlement area, payable amounts when assigning resettlement land.

3. Organizations assigned tasks of compensation, support and resettlement shall make and send to the district-level People’s Committees where the recovered land is situated for consideration and having documents to send to the provincial department of finance for coordinating with concerned agencies in appraising and submitting the provincial People’s Committee for the approval about:

- Land price to count and collect land use levy at resettlement place;

- House sale price and house rent at resettlement areas.

The land price making at resettlement place shall comply with regulations of Government about method to determine land price and price bracket of land types. The determination of house sale price and house rent at resettlement areas must be based on house investment quota to be suitable with reality.

4. Households, individuals who are assigned land, entitled to buy house, hire house at resettlement place must pay land use levy, house purchase money, house rent as prescribed by the provincial People’s Committee.

5. Households, individuals who are assigned land, entitled to buy house at resettlement place will be granted certificate of land use right and implement rights as prescribed by law on land. In case the recovered residential land plot had been granted certificate of land use right, charges and fees for grant of certificate of land use right for the resident land plot of resettlement will be paid by investors and counted in plan on compensation.

Article 27. Cases entitled resettlement arrangement

1. Households, individuals have to remove as a result of residential-land recovery and have no other places of residence within communes, wards or townships where exists recovered land (unless they do not wish to resettle).

2. Households, individuals have land recovered while the remaining land area is less than 40 m² for urban areas and less than 100 m² for rural areas and have no other places of residence within communes, wards or townships where exists recovered land and persons who are recovered land have request for entire recovery by State.

3. Households, individuals with residential land within safety corridors of public works that have to remove and have no other places of residence within communes, wards or townships where exists recovered land.

4. In case different generations (different couples) live together in a household while all the conditions for separation into different households are satisfied, or different households have the common right to use one (01) land plot to be recovered as specified in Clause 4 Article 18 of the Circular No. 14/2009/TT-BTNMT but not fall in case of assigning additionally residential land specified in Clauses 2, 3 Article 28 of this regulation, it is provided as follows:

For main household and households eligible for household separation, they will be arranged one (01) residential land plot at resettlement area, but maximally not exceed two (02) plots (total area not exceed twice of residential land recovered) and pay land use levy according to Clause 4 Article 26 of this regulation for lawful residential land area; the difference area between total land assignment area for resettlement and lawful residential land area recovered (if any) must pay land use levy under land price at resettlement areas.

Conditions to assign resettlement land for households eligible for household separation must ensure the following cases:

- Wife or husband must have name in permanent residence registration book at address of house with land plot recovered and have registered marriage before having notification on land recovery;

- Having no other place for residence within district, cities where the recovered land is situated.

Article 28. Handling of some specific cases involving allocation of resettlement land

1. In case where households which must relocate as prescribed in Clause 1 Article 13 of the Decree No. 197/2004/ND-CP have area of residential land or residential land and gardens in a same residential land plot that are lawful and recovered less than or equal to the residential land limit in accordance with current regulations of the provincial People’s Committee, they will be assigned one (01) land plot for resettlement and pay land use levy as prescribed by the provincial People’s Committee.

2. Household with area of residential land or residential land and garden in a same residential land plot that is lawful and recovered in Quang Ngai city, townships of rural districts, and Ly Son rural district:

a) In case they must relocate and with area of residential land or residential land and garden in a same residential land plot which are lawful and recovered are larger than the residential land assignment limit as prescribed by the provincial People’s Committee, apart from being assigned 01 land plot for resettlement; the area part that is larger than the residential land assignment limit will be assigned additionally land for resettlement equal to 30% of residential land area recovered and equal to 15% of garden area in a same land plot with house recovered.

- When area of resettlement land counted to assign additionally according to the rate is less than 50m², they will not be assigned land for resettlement.

- When area of resettlement land counted to assign additionally according to the rate is 50m2 or more, they will be assigned additionally land for resettlement according to the area divided into land lots of resettlement areas (if households which are recovered land wish to be assigned resettlement land); in case where 01 land lot has been assigned additionally but the remaining additional assignment area is more than 50m2, further assign resettlement land until the remaining additional assignment area is less than 50m2 , not continue assigning resettlement land. The area part assigned additionally to enough as a land lot must pay land use levy under the land price at resettlement place.

b) In case of having house but not having to relocate and just being recovered residential land, they will be considered to assign resettlement land equal to 30% of the residential land recovered.

- When area of resettlement land which is counted to assign under the rate is less than 50m², not be assigned resettlement land;

- When area of resettlement land which is counted to assign under the rate is 50m² or more than, they will be assigned resettlement land according to the area divided into land lots of resettlement areas (if households which are recovered land wish to be assigned resettlement land); in case where 01 land lot has been assigned additionally but the remaining additional assignment area is more than 50m2, further assign resettlement land until the remaining additional assignment area is less than 50m2 , not continue assigning resettlement land. The area part assigned additionally to enough as a land lot must pay land use levy under the land price at resettlement place.

c) In case of having house but not having to relocate and just being recovered garden land together with residential land plot, they will be considered to assign resettlement land equal to 15% of the garden area recovered.

- When area of resettlement land counted to assign according to the rate is less than 50^m2, not assign resettlement land;

- When area of resettlement land which is counted to assign under the rate is 50m² or more than, they will be assigned resettlement land according to the area divided into land lots of resettlement areas (if households which are recovered land wish to be assigned resettlement land); in case where 01 land lot has been assigned additionally but the remaining additional assignment area is more than 50m2, further assign resettlement land until the remaining additional assignment area is less than 50m2 , not continue assigning resettlement land The area part assigned additionally to enough as a land lot must pay land use levy under the land price at resettlement place.

d) In case of recovering entirely or partly residential land plot or residential land and garden on a same residential land plot but have no house, they will be considered to assign resettlement land equal to 30% of residential land area recovered and equal to 15% of garden area in a same land plot with residential land plot recovered.

- When area of resettlement land counted to assign according to the rate is less than 50^m2, not assign resettlement land;

- When area of resettlement land which is counted to assign under the rate is 50m² or more than, they will be assigned resettlement land according to the area divided into land lots of resettlement areas (if households which are recovered land wish to be assigned resettlement land); in case where 01 land lot has been assigned additionally but the remaining additional assignment area is more than 50m2, further assign resettlement land until the remaining additional assignment area is less than 50m2 , not continue assigning resettlement land. The area part assigned additionally to enough as a land lot must pay land use levy under the land price at resettlement place.

3. Households with area of residential land or residential land and garden in same residential land plot which are lawful and recovered in geographical areas of remaining communes:

a) In case of having to relocate and area of residential land or residential land and garden in same residential land plot which are lawful and recovered is larger than the residential land assignment limit as prescribed by the provincial People’s Committee, apart from they will be assigned one (01) resettlement land lot; the area part which is larger than the residential land assignment limit will be considered to assign additionally resettlement land equal to 30% of residential land area recovered and equal to 15% of garden area in same land plot with house recovered.

- When area of resettlement land counted to assign additionally according to the rate is less than 100m², not assign resettlement land;

- When area of resettlement land which is counted to assign under the rate is 100m² or more than, they will be assigned resettlement land according to the area divided into land lots of resettlement areas (if households which are recovered land wish to be assigned resettlement land); in case where 01 land lot has been assigned additionally but the remaining additional assignment area is more than 100m2, further assign resettlement land until the remaining additional assignment area is less than 100m2 , not continue assigning resettlement land. The area part assigned additionally to enough as a land lot must pay land use levy under the land price at resettlement place.

b) In case of having house but not having to relocate and only being recovered residential land, they will be considered to assign resettlement land equal to 30% of the residential land area recovered.

- When area of resettlement land counted to assign according to the rate is less than 100m², not assign resettlement land;

- When area of resettlement land which is counted to assign under the rate is 100m² or more than, they will be assigned resettlement land according to the area divided into land lots of resettlement areas (if households which are recovered land wish to be assigned resettlement land); in case where 01 land lot has been assigned additionally but the remaining additional assignment area is more than 100m2, further assign resettlement land until the remaining additional assignment area is less than 100m2 , not continue assigning resettlement land. The area part assigned additionally to enough as a land lot must pay land use levy under the land price at resettlement place.

c) In case of having house but not having to relocate and only being recovered land with garden in same residential land plot, they will be considered to assign resettlement land equal to 15% of land area with garden recovered.

- When area of resettlement land counted to assign according to the rate is less than 100m², not assign resettlement land;

- When area of resettlement land which is counted to assign under the rate is 100m² or more than, they will be assigned resettlement land according to the area divided into land lots of resettlement areas (if households which are recovered land wish to be assigned resettlement land); in case where 01 land lot has been assigned additionally but the remaining additional assignment area is more than 100m2, further assign resettlement land until the remaining additional assignment area is less than 100m2 , not continue assigning resettlement land. The area part assigned additionally to enough as a land lot must pay land use levy under the land price at resettlement place.

d) In case of being recovered entirely or partly residential land plot or residential land and garden on a same residential land plot but having no house, they will be considered to assign resettlement land equal to 30% of residential land area recovered and equal to 15% of garden area on same residential land plot recovered.

- When area of resettlement land counted to assign according to the rate is less than 100m², not assign resettlement land;

- When area of resettlement land which is counted to assign under the rate is 100m² or more than, they will be assigned resettlement land according to the area divided into land lots of resettlement areas (if households which are recovered land wish to be assigned resettlement land); in case where 01 land lot has been assigned additionally but the remaining additional assignment area is more than 100m2, further assign resettlement land until the remaining additional assignment area is less than 100m2 , not continue assigning resettlement land. The area part assigned additionally to enough as a land lot must pay land use levy under the land price at resettlement place.

4. For family line worshiping temples, when the state recovers land and temples have to be relocated, they will be compensated in accordance with this regulation and assigned new land at resettlement areas so as to rebuild temples according to area planned and divided into land lots at resettlement areas, but minimally not less than 100m2 and maximally not more than 120m2. The representative of family line worshiping temples (unified in writing by family line) must pay land use levy under the land price at resettlement place.

In special case, the provincial People’s Committee will consider and decide on the basis of proposals of the organizations doing compensation affairs and the district- level People’s Committees where exist land recovered.

5. For specific cases compensated and supported for houses and works as prescribed in Article 12 of this Regulation, if the commune People’s Committees have confirmed that they have no other place of residence, depend on each specific case, organizations assigned tasks of compensation, support and resettlement will propose to submit to authorities competent to approval of compensation plan for consideration, decision to assign land for houses at resettlement areas or locations of residential areas in conformity with planning for each specific case. Households which are assigned land to build house must pay land use levy under the land price at resettlement place.

6. Households using house owned by state as prescribed in Article 13 of this regulation, having no other place for residence and wishing to be assigned land for construction of house will be considered by state to assign resettlement land and they must pay land use levy under land price at resettlement place.

Article 29. Capital sources for construction of resettlement areas

Capital sources for construction of resettlement areas will be decided by competent authorities and the following sources will be used:

1. From land development funds (land development fund provided by the provincial People’s Committee according to Article 34 of the Decree No. 69/2009/ND-CP).

2. From state budget for support to build public-utility works, renovate agricultural production, expand services in aquaculture, fishing of aquatic and marine products.

3. From support of land users.

4. From other sources.

Article 30. Rights and duties of persons who are recovered land and must relocate

1. Rights:

a) To register for arriving and residing in the resettlement areas in writing;

b) To be prioritized in permanent residence registration for themselves 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) To be received vocational training;

d) To be entitled to refuse entering into resettlement areas in case where resettlement areas not ensure conditions as notified and listed publicly;

e) To be supplied model design of houses without charges.

2. Duties:

a) To move into resettlement areas properly as scheduled as prescribed by competent state agencies;

b) To build houses, works properly with planning and implement other duties as prescribed by law;

c) To pay land use levy, house purchase money, house rent as prescribed by the provincial People’s Committee.

Chapter V

MAKING, APPRAISAL AND APPROVAL OF COMPENSATION PLANS AND PROCEDURES FOR LAND RECOVERY

Article 31. Assigning tasks of compensation, support and resettlement

Assigning tasks of compensation, support and resettlement shall comply with Article 25 of the Decree No. 69/2009/NĐ-CP; Article 23 of the Circular No. 14/2009/TT-BTNMT and specified as follows:

Organizations assigned tasks of compensation, support and resettlement include:

- Organizations of land fund development and other organizations with function in performing tasks of compensation, support and resettlement;

- Councils of compensation, support and resettlement of projects.

1. Organizations assigned tasks of compensation, support and resettlement (other than Councils of compensation, support and resettlement of projects) shall be decided by the chairperson of provincial People’s Committee. When implement compensation, support and resettlement, it must have participation of investors, representatives of leaders of commune People’s Committees and representatives of householders have land recovered from one to two persons elected uniformly by persons who are recovered land and have minutes.

2. For projects with big scale or complex projects, depend on each specific case, the district-level People’s Committees may establish Compensation Council of projects.

a) Procedures for establishment of Council:

- After competent state agencies approve for investment guidelines, chairpersons of district-level People’s Committees may issue decision on establishment of Compensation Council of project and a work team assisting for Council;

- The Compensation Council of project and the assistance work team will be self-terminate operation after finishing compensation, support, resettlement and handing over ground to organizations, individuals which are assigned land, leased land by State.

b) Members of Council include:

- Leader of district-level People’s Committee, chairman of Council;

- Leader of organizations performing tasks of compensation, support and resettlement, vice-chairman of Council;

- Leader of the division of Natural Resources and Environment, member;

- Representative of the Finance-Accounting division, member;

- Investor, member;

- Representative of leader of commune People’s Committee where the recovered land is situated, member;

- Representative of households which have land recovered, with from one to two persons, who are appointed uniformly by persons who are recovered land and enclosed with minutes;

- Some other members who are decided by the chairperson of district-level Council of compensation, support and resettlement to be suitable with actual conditions.

c) Task of the Council of compensation, support and resettlement of project:

- To make overall plan on compensation, support and resettlement in geographical areas of districts and cities;

- To make detailed plan on compensation, support and resettlement in geographical areas of districts and cities.

3. Council of compensation, support and resettlement of project, organization of land fund development or other organizations with function of performing tasks of compensation, support and resettlement, in case where they are assigned implementation of compensation tasks, they may hire enterprises which supply services of compensation and ground clearance.

Services of compensation and ground clearance include:

- Surveying, revising and drawing cadastral maps; making copies of maps and cadastral dossiers (or measuring, and making dossiers of land lots in case cadastral dossiers are unavailable or no longer suitable to practical conditions);

Funds for the revising cadastral maps, making copies of cadastral maps, surveying and cadastral dossiers which are implemented by consultancy units, agencies of Natural Resources and Environment or The office of land use right registration when the state recovers land for implementation of project will be paid by investors and made finalization in investment capital source of project. In case where State recovers land under planning, plan on land use already announces but not yet have investment project, the funding mentioned above will be paid by organization of land fund development and made finalization to operation funding of organization of land fund development.

- To make plan on compensation, support and resettlement;

- To make and implement project on construction of resettlement areas;

- Other services involving compensation, support and resettlement.

Article 32. Competence in approving plan on compensation, support and resettlement, content of appraisal, duration for appraisal and approval

Competence in approving plan on compensation, support and resettlement, content of appraisal, duration for appraisal and approval shall comply with Article 43 of the Decree No. 197/2004/ND-CP Article 31 of the Decree No. 69/2009/ND-CP and Article 22 of the Circular No. 14/2009/TT-BTNMT and be specified as follows:

1. Competence in approving plan on compensation, support and resettlement:

a) The provincial People’s Committee will approve plan on compensation, support and resettlement after the Department of Natural Resources and Environment has assumed the prime responsibility for, and coordinated with departments, sectors and concerned agencies of province in appraisal or the provincial appraisal Council has appraised for case of land recovery relating to two or more districts, cities on basis of proposals of People’s Committees of districts, cities where the recovered land is situated.

The provincial People’s Committee, base on reality at localities and scale of project, may authorize in approval of plan on compensation, support and resettlement to the district-level People’s Committees so as to ensure compensation, support and resettlement to be fast and effective.

b) The district-level People’s Committees will approve plan on compensation, support and resettlement within geographical areas of their districts, cities after divisions of Natural Resources and Environment of districts, cities has assumed the prime responsibility for, and coordinated with divisions, sectors and concerned agencies of districts, cities in appraisal for cases not fall in point a of this Clause.

For plans on compensation, support and resettlement which are approved by the provincial People’s Committee, during the course of implementation of compensation, support and resettlement, if there is arising problem which (increasing or decreasing) changed value part is less than or equal to the provision funds for expenditure in plan on compensation, support and resettlement approved by the provincial People’s Committee, chairperson of the provincial People’s Committee may authorize the chairperson of district-level People’s Committee to approve for such arising part.

2. Content of appraisal: To comply with Clause 3 Article 22 of Circular No. 14/2009/TT-BTNMT.

3. Duration for appraisal of, approval for plan on compensation, support and resettlement:

a) Appraisal and submission for approval of plan on compensation, support and resettlement:

Within fifteen (15) working days, after receiving fully valid dossier which is sent by organization assigned task of compensation, support and resettlement, agency of Natural Resources and Environment or appraisal council shall preside over appraisal, make appraisal report (enclosed with plan on compensation stamped with “Having been appraised”) so as to submit to competent authorities for approval for compensation plans which have no change in comparison with suggest of organization assigned task of compensation, support and resettlement. In case of having adjustments, supplementations in comparison with suggest of organization assigned task of compensation, support and resettlement, agency of Natural Resources and Environment or appraisal council will have written notification of contents need to be adjusted, supplemented in order to do basis for organization assigned task of compensation, support and resettlement to complete the compensation plan and re-send it to agency of Natural Resources and Environment or appraisal council. Within five (05) working days after receiving a completed compensation plan and having had decision on land recovery, land assignment or land lease, agency of Natural Resources and Environment or appraisal council shall make appraisal report (enclosed with compensation plan stamped with "having been appraised") so as to submit to the People’s Committee of competent level for approval.

b) Approval of plan on compensation, support and resettlement:

Within three (03) working days, after receiving appraisal report of agency of Natural Resources and Environment or appraisal council, the People’s Committee of competent level will consider and approve the compensation plan.

4. For projects with big scale or complex projects, depend on each specific case, the provincial People’s Committee may establish an appraisal council on the basis of proposal of department of Natural Resources and Environment; the district-level People’s Committees may establish an appraisal council on the basis of proposal of division of Natural Resources and Environment.

a) Members of the provincial appraisal council include:

- Leader of Department of Natural Resources and Environment, chairman of Council;

- Members include leaders of departments of: Finance, Construction, Industry and Trade, Agriculture and Rural Development, etc

- Leader of the district-level People’s Committee where exists land recovered, member;

Assistants for the appraisal council are representative of leader of divisions or experts appointed for participation on Council by Departments.

b) Members of the district-level appraisal council include:

- Leader of the district-level People’s Committee, chairman of council;

- Leader of division of Natural Resources and Environment, Vice-chairman of council;

- Members include leaders of divisions of: Finance-Planning, Economy and Infrastructure, Agriculture and Rural Development and concerned agencies.

Chairman of Council may decide to establish a work team to assist for the appraisal council.

5. Agency of Natural Resources and Environment shall appraise and submit to competent authorities for approval for plans on compensation, support and resettlement which are implemented by organization of land fund development and other organizations with function of performing tasks of compensation, support and resettlement.

The council will appraise and submit to competent authority for approval for plans on compensation, support and resettlement, which are implemented by organizations assigned tasks of compensation, support and resettlement.

Article 33. Land recovery in case of land falls in subject recovered by State but investors have proactively suggested and allowed to make agreement but fail to reach agreement with land users; responsibilities of People’s Committees at all levels in cases where investors make agreement with land users for land areas not fall in subject recovered land by State

Land recovery in case land falls in subject recovered by State but investors have proactively suggested and allowed to make agreement but fail to reach agreement with land users; responsibilities of People’s Committees at all levels in cases where investors make agreement with land users for land areas not fall in subject recovered land by State shall comply with Articles 40 and 41 of the Government’s Decree No. 84/2007/ND-CP

Article 34. Orders of and procedures for implementation of land recovery, land assignment, land lease

Orders of and procedures for implementation of land recovery, land assignment, land lease shall comply with Article 25, Article 29 of the Circular No. 14/2009/TT-BTNMT and current regulations of the provincial People’s Committee.

Article 35. Making plan on compensation, support and resettlement

Making plan on compensation, support and resettlement shall comply with Article 30 of the Decree No. 69/2009/ND-CP and be specified as follows:

1. After an investment project is approved or accepted, the Council of compensation, support and resettlement of project or organization of land fund development of organization assigned task of compensation, support and resettlement shall make and submit plan on compensation, support and resettlement in accordance with current regulations of State and this Regulation.

2. Separation of content on compensation, support and resettlement into the separate sub-projects and organization of independent implementation shall comply with Article 21 of the Circular No. 14/2009/TT- BTNMT:

a) Time of separation of content on compensation, support and resettlement into the separate sub-projects is time of approval or acceptance of investment project;

b) Sub-projects on compensation, support and resettlement, after being approved, will be implemented independently, but must ensure requirement on progress of investment project.

3. Content of plan on compensation, support and resettlement:

a) Name, address of persons who are recovered land;

b) Areas, land type, position, origin of recovered land; quantity, volume, percentage rate of the remaining quality of damaged assets;

c) Grounds to calculate compensation and support amounts such as land price to calculate compensation, prices of house and works which are counted compensation, number of household members, number of laborers in labor age group, quantity of persons enjoyed social allowances;

d) Compensation and support amounts;

dd) Resettlement arrangement (number of households which must relocate; position to assign resettlement land; the payable land use levies at resettlement place as prescribed);

e) Relocation of works owned by State, organizations, religious establishments, and population communities;

g) Grave relocation.

4. Declaration, inventory and determination of land origin:

After having notification of land recovery of competent authorities, organizations assigned tasks of compensation, support and resettlement will carry out declaration, inventory of land, assets attached to land and determination of land origin according to the following orders and procedures:

a) Organizations assigned tasks of compensation, support and resettlement must carry out issuance of declaration made according to set form, guide for declaration, and collect declarations and some copies of papers related to legality of land, assets of persons who are recovered land by State to do basis for making plan on compensation, support and resettlement;

b) Persons who are recovered land will self-declare according to the declaration form issued and guided by organizations assigned tasks of compensation, support and resettlement;

c) Organizations assigned tasks of compensation, support and resettlement will check to determine content of declaration and implement inventory of land and assets attached to land, determine the land origin according the following orders:

- To perform the field inspection for the recovered land area, the damaged assets on land and compare with contents declared by the land users. The field inspection or tally must have participation of representative of the commune People’s Committee where the recovered land is situated; representative of households having land recovered and person having land recovered. The tally result must have signatures of person directly implementing field tally, person who is recovered land (or authorized person as prescribed by law), person who is damaged assets (or authorized person as prescribed by law), cadastral officers at commune level, representative of households which have land recovered, representative of the division of Natural Resources and Environment of district, city (if the compensation plan is formulated by the Council of compensation, support and resettlement of district, city) and representative of leader of organization assigned task of compensation, support and resettlement. The inventory minutes must be made into two (02) similar copies and assigned to person recovered land one (01) copy as soon as finishing inventory work;

- Coordinating with the office of land use right registration of districts, cities and the commune People’s Committees where exist land in determining origin of land use; determining time of building houses, works; determining cases eligible for compensation, support and resettlement;

- Making a list and sending it to the commune People’s Committees to submit to the district-level People’s Committee for approving land types, area, users for land plots that have not yet had papers regarding land use rights as the basis for application of price to calculate compensation value.

5. Making and taking opinions involving plan on compensation, support and resettlement;

a) Making plan on compensation, support and resettlement:

- Based on plan on duration, relocation, handing over ground as determined in the overall plan on compensation, support and resettlement already approved.

Organizations assigned tasks of compensation, support and resettlement shall make plan on compensation, support and resettlement;

- The compensation plan includes the general part, description part and the calculation forms in accordance with current regulations of the Department of Natural Resources and Environment and divided into two parts:

+ The description part includes contents: General information, legal grounds, general summarization of land, area, number of households which must relocate, compensation value, compensation and support norms for each subject recovered land; plan on resettlement assignment; land price to count in collecting the land use levies at the resettlement place; sale price of houses, amounts that the persons recovered land must pay into state budget due to implementation of land financial duties as prescribed, clarifying problems, difficulties arising and proposing the handling directions which need be discussed to unify and some other concerned contents;

+ The tables and forms: Being made in details and fully in accordance with regulation, ensuring accuracy when putting data from inventory dossiers into calculation tables and forms

b) Taking comments regarding the compensation, support and resettlement plan:

- Organizations assigned tasks of compensation, support and resettlement are responsible for listing publicly the plan on compensation, support and resettlement at office of the commune People’s Committees and at the living places of residential area where the recovered land is situated aiming to the persons recovered land and relevant persons to participate in comment provision;

- The listing must be made into minutes and confirmed by representative of People’s Committee and Committee of Vietnam Fatherland Front at commune level where the recovered land is situated; representative of households having land recovered and representative of leader of organization assigned task of compensation, support and resettlement;

- The listing duration is not less than twenty (20) days, from the date of listing. During listing, organization assigned task of compensation, support and resettlement shall receive comments, answer questions; after 7-day listing duration, organize people’s meeting to solve problems.

c) To complete plan on compensation, support and resettlement;

- Upon the expiration of the duration for posting up a plan and receiving comments, the organization assigned task of compensation, support and resettlement shall sum up comments in writing, clearly state quantity of comments for agreement, disagreement and different comments, the handling result of comment receipt; then complete the plan and send it enclosed with written proposal, relevant legal dossiers and a sum-up of comments confirmed by the commune People’s Committee to the agencies competent to the compensation plan approval as prescribed. Separately for compensation plans with households, individuals who must relocate entire place of residence, it is required to have specific plan on resettlement arrangement (in which must show the existing resettlement land) to be allowed to approve compensation plan (unless the provincial People’s Committee has separate provisions and except case of households which are recovered land for construction of resettlement areas, and re-allocated in those resettlement areas);

- If there are many comments against the compensation, support and resettlement plan, the organization assigned task of compensation, support and resettlement shall clearly explain the plan or re-consider and adjust the plan before sending it to the natural resources and environment agency for evaluation or the appraisal council.

d) Dossier sent to the natural resources and environment agency or the appraisal council for appraisal includes:

- The detailed plan on compensation, support and resettlement: 05 volumes;

- Written notification of listing, ending listing, summarization of comments made by organization assigned tasks of compensation, support and resettlement: 05 copies;

- Written request for appraisal for the compensation, support and resettlement plan made by organization assigned tasks of compensation, support and resettlement: 01 copy;

- Written request of the district-level People’s Committee where existing land recovered on the basis of proposal of organization assigned tasks of compensation, support and resettlement (for the plan approved by the provincial People’s Committee): 01 copy.

e) Dossiers, documents submitted together with the compensation plan in order to serve for appraisal, 01 set for each document, include:

- The measured cadastral maps, revised cadastral maps, copied cadastral maps which have been signed for approval by competent agencies;

- Written self-declaration of persons recovered land, the inventory minutes of land and assets on land, drawings of houses and architectures status made according to set forms;

- Legal dossiers of land, houses and architectures;

- Confirmation of time of building houses and architectures made according to the set form;

- Votes collecting comments of resettlement for cases must relocate made according to the set form;

- Copies of permanent residence registration book;

- Confirmation of the commune People’s Committee about agricultural land area assigned, rate of lost agricultural land as prescribed;

- Confirmation about origin, time of land use of the commune People’s Committee for cases without lawful papers regarding land use right made according to the set form;

- Confirmation of the commune People’s Committee about time of using land o build houses for cases using land prior to 18/12/1980 but having no lawful papers to prove thereof made according to the set form;

- Confirmation of land registration (book 5b) according to the Direct No. 299/CT-TTg;

- Dossiers and documents related to implementation of the detailed land use plan;

- Certificate of business registration and confirmation of tax agencies about finishing tax liability to State;

- Certificate of poor household which is valid at time of approving the compensation plan;

- Papers related to enjoying regimes of allowances of State;

- Confirmation of time of burying graves made by the commune People’s Committee where the recovered land is situated;

- Documents to determine agricultural land in residential area or not in residential area of the district-level People’s Committee where the recovered land is situated.

- Comments of persons recovered agricultural land about the support method for job change and creation;

- Contract of hiring house owned by state;

- Confirmation that there in no other place of residence within geographical area of communes, wards and townships of the commune People’s Committee where the recovered land is situated;

- Confirmation of the commune People’s Committee where the recovered land is situated for public-utility land;

- Notification of ordinary rice unit price of the Department of Finance in accordance with current regulations.

Article 36. Decision on land recovery, implementation of plan for compensation, assistance and relocation, land allocation and land lease

Decision on land recovery, implementation of plan for compensation, assistance and relocation, land allocation and land lease complies with the Article 31 of Decree No. 69/2009/ND-CP and is specified as follows:

1. Competence in deciding on land recovery, land allocation or land lease complies with the Article 37 and Article 44 of the Land Law.

2. Decision on land recovery:

a) After the notification of land recovery as prescribed in Article 39 of Land Law, the agency of natural resources and environment will submit the decision on land recovery to the competent authorities.

b) In case the land recovery and land allocation or land lease under the competence of one authority level, the land recovery and land allocation or land lease are made in the same decision.

In case the land lot recovered is being used by organizations, family households and individuals, the district-level People’s Committee will decide on land recovery from the family households, individuals or residential community. Within five (05) working days after the district-level People’s Committee will decide on land recovery, the provincial-level People’s Committee will decide on land recovery from organizations, Vietnamese people residing abroad, foreign organizations or individuals and land allocation and lease under the project to the investor in the same decision.

c) The decision of district-level People's Committee issued under the competence concerning each land parcel of with the content including the name and address of the person having land recovered; the map number or the cadastral measurement extract number, land parcel number, land type and area (calculating based on cadastral records or official area data re-defined in the process of compensation, assistance and relocation);

d) Decision of provincial-level People’s Committee issued concerning the land recovery from organizations, Vietnamese people residing abroad, foreign organizations or individuals with the content including area of land recovered, name, address of the person having land recovered and the list of land parcels recovered and land allocation and lease under the project to the investor in the same decision.

dd) Within five (05) working days after receiving the report of the agency of natural resources and environment, the agency having competence in land recovery will consider and sign the decision on land recovery.

e) The decision on land recovery has to be sent to the person having land recovered and posted at the head office of communal-level People’s Committee where the recovered land is located during the time after the communal-level People’s Committee has received the decision to the end time of land recovery.

3. Publicity of specific plan for compensation, assistance and relocation approved by the competent authority:

Within three (03) days after receiving the plan for compensation, assistance and relocation approved, the organization performing the compensation, assistance and relocation will coordinate with the communal-level People’s Committee to disseminate and publicly post the decision on approval for compensation plan at the head office of communal-level People’s Committee and activity places of residential area where the land is recovered, the detailed draft Decision on compensation will be sent to the district-level Division of Natural Resources and Environment for submission to district-level People’s Committee for issuing and sending the Decision on compensation, assistance and relocation to organizations, family households and individuals that are compensated. In the detailed compensation Decision, specifying the rate of compensation, assistance, relocation housing or land allocation (if any), the time, location to pay compensation, assistance and the time to hand over the land recovered to the Organization assigned with tasks of compensation, assistance and relocation.

4. Payment for compensation, assistance and relocation:

a) After five (05) days after sending the written notification of the plan for compensation, assistance and relocation to the person having land recovered, the Organization assigned with tasks of compensation, assistance and relocation will make payment for compensation and assistance. When making payment for compensation and assistance to the person having land recovered, it is necessary to make full payment vouchers with the signature of person receiving compensation and assistance. If the person receiving compensation and assistance authorizes another person to receive the payment, he must prepare a power-of-attorney with the signature certified by communal-level People’s Committee where that person is residing. All of the vouchers related to the compensation, assistance and relocation will be kept and managed by the Organization assigned with tasks of compensation, assistance and relocation in accordance with current regulations.

b) In case of relocation, the Organization assigned with tasks of compensation, assistance and relocation will coordinate with communal-level People’s Committee and district-level People’s Committee to hand over the house or residential land and Certificate of land use right and house ownership to the person relocated before site clearance. If the land parcel recovered of the person relocated has no Certificate of land use right and house ownership, the expenses during the process of issuing Certificate of land use right and house ownership will be paid by the person relocated. In case there is an agreement between the Organization assigned with tasks of compensation, assistance and relocation and the person relocated on the receipt of house or residential land after the site clearance, both parties will comply with the written agreement which they have signed.

c) In case the person having land recovered does not receive payment for compensation and assistance, not receive the house or relocation land after three (03) times of notice and exceeding the time of 20 days, the Organization assigned with tasks of compensation, assistance and relocation will coordinate with the communal-level People’s Committee where the land is recovered to make a record and send the payment which the person having land recovered has not received to the nearest bank with non-term interest rate and keep the relocation house or land intact as a basis for settlement of future complaints.

d) In case the land is in dispute, the co-owners have not come to an agreement and there is no settlement decision of the competent authority, the fund for compensation and assistance for the land to be recovered is handed over to the Organization assigned with tasks of compensation, assistance and relocation to send it to the nearest bank with non-term interest rate and conduct the site clearance for project implementation. The payment for compensation and assistance and banking interest will be directly paid according to the judgments and decisions with legal effect.

e) When receiving the payment for compensation and assistance, the person having land recovered will submit the original papers concerning the land use right, ownership of property attached to land (if any) to the Organization assigned with tasks of compensation, assistance and relocation for transfer to the agency of natural resources and environment to perform the procedures for recovery and adjustment of cadastral records (including: Cadastral map, cadastral book or issuance of Certificate for part of land not recovered).

5. Regulation on land handover:

- Within twenty (20) days after having received the payment for compensation and assistance, the person having land recovered must hand over his/her land to the Organization assigned with tasks of compensation, assistance and relocation.

This handover of land between the two parties must be recorded with certification of communal-level People’s Committee where the land is recovered.

6. In case the investor and the persons having land recovered have agreed in writing on the compensation plan for land and property attached to land or the land lot recovered without site clearance, the People’s Committee at competent level will issue a decision on land recovery, land handover or land lease without having to wait until the expiration of the notice of land recovery.

Article 37. Forcible land recovery

1. The forcible land recovery as specified in Clause 3, Article 39 of the Land Law is only executed when there are sufficient conditions as follows:

a) Strictly complying with the order and procedures for land recovery, compensation, assistance and under the provisions of Article 34, 35 and 36 of this Regulation;

b) Exceeding thirty (30) days from the time of handing over the land as prescribed in Clause 5, Article 36 of this Regulation but the person having land recovered does not hand over his/her land to the Organization performing tasks of compensation and site clearance;

c) After the representative of the Organization assigned with tasks of compensation, assistance and relocation, the communal-level People’s Committee and Fatherland Front Committee where the land is recovered will persuade the persons who have land recovered but do not comply with the handover of land recovered to the State

d) There is an enforcement decision of the People’s Committee at competent level in accordance with the law came into force;

e) The person enforced has received the enforcement decision. In case the person enforced denies receiving the enforcement decision, then the Organization performing tasks of compensation and site clearance will coordinate with the communal-level People’s Committee to publicly post the enforcement decision at the head office of communal-level People’s Committee where the land is recovered.

2. After fifteen (15) days after the date of direct handover of enforcement decision or date of public posting of enforcement decision specified at Point e, Clause 1 of this Article but the person enforced does not hand over the land, the district-level People’s Committee will direct and organize the law enforcement force to recover land as prescribed by law.

Article 38. Expenses of implementation of compensation, assistance and relocation

1. The expense of implementation of compensation, assistance and relocation as specified in Article 26 of Decree No. 69/2009/ND-CP and Article 22 of Circular No. 14/2009/TT-BTNMT is regulated as follows:

a) The fund for implementation and appraisal of plan for compensation, assistance and relocation is equal to 2% of the total cost of compensation and assistance of the project. If the total cost of compensation and assistance of the project is less than 250.000.000 dong (two hundred and fifty million dong), the fund for implementation and appraisal of plan for compensation, assistance and relocation is 5,000,000 dong (five million dong). The total fund is distributed as follows:

- Expenditure for Organization assigned with tasks of compensation, assistance and relocation: 80%

- Expenditure for district level is equal to 5% to organize tasks relating to the compensation plan (in which the district-level People’s Committee: 2.5%, the agency of natural resources and environment: 2.5% for update of cadastral records as specified at Point e, Clause 4, Article 36 of this Regulation);

- Expenditure for communal level is equal to 10% for performance of tasks under Clause 2, Article 41 of this Regulation;

- Expenditure for appraisal is 5%.

b) For projects implemented in the areas with difficult or specially difficult social-economic conditions prescribed by the Committee for Ethnic Minorities and islands in the province specified in Decision No. 106 / 2004/QD-TTg dated June 11, 2004 of the Prime Minister approving a list of specially difficult communes in coastal regions and islands and Decision No.113/2007/QD-TTg dated July 20, 2007 of the Prime Minister approving the communes that have completed the target of social-economic development program for the communes in ethnic minority areas, mountainous areas, border and remote areas for the period 1999 - 2005, adding the communes, hamlets and villages to the investment category of National target program on poverty reduction for the period 2006 -2010; Project of in line infrastructure works construction is equal to 3% of the total cost of compensation and assistance of the project. In case the total cost of compensation and assistance of the project is less than 150,000,000 dong (one hundred fifty million dong), then the cost of implementation and appraisal of plan for compensation, assistance and relocation is 5,000,000 dong (five million dong). The total cost is distributed as follows:

+ Expenditure for Organization assigned with tasks of compensation, assistance and relocation: 82%

+ Expenditure for district level is equal to 4% to organize tasks relating to the compensation plan (in which the district-level People’s Committee: 2.0%, the agency of natural resources and environment: 2.0% for update of cadastral records as specified at Point e, Clause 4, Article 36 of this Regulation);

+ Expenditure for communal level is equal to 10% for performance of tasks under Clause 2, Article 41 of this Regulation;

+ Expenditure for appraisal is 4%.

After the plan for compensation, assistance and relocation is approved by the competent authority, the Organization assigned with tasks of compensation, assistance and relocation will transfer the funds to the plan appraisal agency.

c) In case of enforcement for land recovery, the Organization assigned with tasks of compensation, assistance and relocation will prepare an estimate of fund for the enforcement for submission to the agency having the competence in approving the plan for compensation, assistance and relocation for decision. The fund for enforcement for land recovery is included in the investment capital of the project.

2. Appraisal of expenditure for the compensation, assistance and relocation

a) Authorizing Director of Service of Finance (as to the plan for compensation, assistance and relocation approved by Chairman of provincial-level People’s Committee), Chairman of People’s Committee of districts or cities (as to the plan for compensation, assistance and relocation approved by Chairman of People’s Committee districts or cities) will decide on the expenditure for each content to be spent but the State has not regulation on standard and norm such as: actual survey, plan making, approval of compensation plan,…in accordance with characteristics, scale and properties of each project and actual requirement upon implementation and appraisal of cost estimate for the compensation, assistance and relocation;

b) The project owner and Organization assigned with tasks of compensation, assistance and relocation are responsible for payment and settlement of cost for the implementation of compensation, assistance and relocation in accordance with current regulation of the State.

Chapter VI

IMPLEMENTATION ORGANIZATION

Article 39. Responsibility of organizations in charge of compensation, support, and resettlement

1. Responsibility of Compensation, Support and Resettlement Council of the project:

a) The Compensation, Support and Resettlement Council of the project shall make and send plans for compensation, support, and resettlement to a Natural Resources and Environment Authority or an Appraisal Council (if any), and implement such plans when they are approved by competent authorities.

Make and request competent authorities to approve the plan for vocational training, job change and job creation together with the plan for compensation, support, and resettlement;

b) Responsibility of members of the Compensation, Support and Resettlement Council of the project:

- The president of the Council shall direct its members to fulfill the duties in Point a of this Clause;

- The investor shall assist the president of the Council in fulfilling the duties in Point a of this Clause; ensure the budget for providing compensation, support, and resettlement;

- Representatives of households of which the land is recovered are responsible for conveying the expectation of the people whose land is recovered and the people that have to move, hurry the people whose land is recovered in moving and clearing the land on schedule;

- Other members shall fulfill the duties assigned by the president, which suit the responsibility of each sector.

c) The Compensation, Support and Resettlement Council shall provide guidance and explanation on the issues related to the compensation, support, and resettlement for the people whose land is recovered;

d) The Compensation, Support and Resettlement Council of the project is responsible for the accuracy and rationality of the statistics and legitimacy of the land and assets that are eligible or not eligible for compensation and support, the policies on support and resettlement, and the consistency of the statistics with the plan for compensation, support, and resettlement submitted for approval; provide compensation and support for subjects in the project area, and manage documents in accordance with law;

dd) The Compensation, Support and Resettlement Council of the project shall fulfill other duties assigned by the provincial People’s Committee.

2. The land development organizations and organizations in charge of compensation, support, and resettlement (apart from the Compensation, Support and Resettlement Council of the project) shall:

a) Make and send the plan for compensation, support, and resettlement to a Natural Resources and Environment Authority and implement such plan when they are approved by competent authorities.

b) Make and request competent authorities to approve the plan for vocational training, job change and job creation together with the plan for compensation, support, and resettlement;

c) Provide guidance an explanation for the people whose land is recovered on the compensation, support, and resettlement policies;

d) Take responsibility for the accuracy, rationality, and legitimacy of documents, statistics on area of land and assets that are eligible or not eligible for compensation and support; the subjects of support; the consistency of the statistics with the plan for compensation, support, and resettlement submitted for approval; promptly provide compensation and support for the subjects in the project area, and manage documents in accordance with law;

dd) Fulfill other duties assigned by the provincial People’s Committee.

3. The work team of the commune where land is recovered shall:

a) Propagate the purpose of land recovery, policies on compensation, support, and resettlement of the project;

b) Convey the expectation of the people whose land is recovered and the people that have to move; encouraging the people whose land is recovered to move and clear the land on schedule;

c) Cooperate with the organizations in charge of compensation, support, and resettlement in resolving difficulties during the making of statistics and compensation plan;

d) Supervise the compensating process of the organizations in charge of compensation, support, and resettlement;

dd) Fulfill other duties assigned by the People’s Committees of districts

Article 40. Responsibility of the investor

1. Assigning personnel to join the organization in charge of compensation, support, and resettlement as standing members.

Cooperating with the organization in charge of compensation, support, and resettlement in formulating plans for provision of vocational training, job change, and job creation for the households of which farmland is recovered.

2. Ensuring the budget for compensation, support, and resettlement on schedule; ensure the budget for the organization in charge of compensation, support, and resettlement of each project.

3. Making commitments to employ people in the project area or provide vocational training locally (if planned); cooperating with the local government in caring life and providing employments for people in the project area after the settlement within the capacity of the enterprise.

Article 41. Responsibility of People’s Committees of districts and communes where land is recovered

1. People’s Committees of districts shall:

a) Provide a mechanism for the cooperation between the local government with the investor, the organization in charge of compensation and specialized agencies in inspecting, verifying the origins and use of land and property on land;

b) Mobilize the whole political system to encourage the people to comply with the policies and law of the Communist Party and the State;

c) Direct the propagation of the policies on compensation, support, and resettlement and land clearance in accordance with the decisions on land recovery made by competent authorities; take responsibility before the People’s Committee for the progress and result of the local land clearance;

d) Direct the Compensation Council of the project to make, submit, and implement the plan for compensation, support, and resettlement together with the plan for vocational training, job change, and job creation;

dd) Cooperate with Services, agencies, organizations, and the investor in executing the project of investment and the plan for establishing local resettlement areas in accordance with the assignment from the provincial People’s Committee;

e) Announce the land recovery and decision on land recovery to households and individuals;

g) Approve the contents within the area of competence of the district-level People’s Committee, in particular:

- The plan for compensation, support, and resettlement in accordance with the assignment from the provincial People’s Committee;

- The estimated budget for compensation, support, and resettlement in accordance with the regulations of provincial People’s Committee.

h) Issue decisions on levels of compensation, support, and resettlement to every organization, household, and individual in accordance with the plan for compensation, support, and resettlement that is approved.

i) The People’s Committees of districts and communes shall issue decisions on approval for the boundaries of outer land plots and agricultural land plots in residential areas as the basis for calculating support for agricultural land in residential areas within 10 days from the day on which the written request from the organization in charge of compensation, support, and resettlement is received.

k) Promulgate a price list of plants and trees within the districts of cities that are not in the price list of the provincial People’s Committee. The time limit is 10 days from the day on which the written request from the organization in charge of compensation, support, and resettlement is received;

l) Instruct the Divisions of Natural Resources and Environment to withdraw the certificates of land use right and certificates of house ownership of the households and individuals of whose land and houses are recovered; adjust the certificates of land use right of the households and individuals whose part of land or house is recovered; convert the purpose of land in the electrical grid corridor (that is not recovered by the State);

m) Settle complaints and denunciations filed by citizens against the compensation, support, and resettlement within their area of competence; issuing and implementing decisions on enforcement in the cases within their area of competence; cooperate with functional agencies in organizing the enforcement under the decisions of competent authorities;

n) Enhance the inspection of land as prescribed; formulate annual program for inspecting the compliance with the laws on land locally; resolve the difficulties and settle disputes over land within their area of competence;

g) Annually summarize and report the local valuation, compensation, support and resettlement to the provincial People’s Committee (via the Service of Natural Resources and Environment)

2. People’s Committees of communes shall:

a) Establishing the work team for each project – the leader of the People’s Committee of the commune is the team leader, the leader of the Vietnamese Fatherland Front Committee of the commune is the vice-leader, the cadastres and members are associations of the commune – to cooperate with the organization in charge of compensation, support, and resettlement in making the compensation plan and encouraging the people whose land is recovered to move and clear the land on schedule. This is considered a local socio-economic development mission.

b) Propagate the purpose of land recovery, policies on compensation, support, and resettlement of the project;

c) Cooperate with the organization in charge of compensation, support, and resettlement in making statistics of land and property on land, certifying the legitimacy of land and property of the people whose land is recovered; make statistics on workers, employments, demand for vocational training, job change, and employments of the households of which farmland is recovered in order to plan the vocational training, job change, and job creation;

d) Facilitate the provision of compensation, support, and resettlement of people whose land is recovered and need to move; facilitate the land clearance;

dd) Carry out inspections to discover land infringement, improper use of land, and illegal land purpose conversion.

Initiate the procedure for penalizing administrative violations against the laws on land, such as expanding or building houses or structures, planting trees, or raising animals after the land recovery policy is announced, and improper use of land in accordance with the laws on handling administrative violations.

e) Verify the date of house building and number of household members of the people whose land is recovered, the origin of land purpose, time of land use, dispute over land, violations committed during the construction, total area of agricultural land of each household that is affected, percentage (%) of agricultural land that is recovered in comparison with the total area of agricultural land and annual primary plants on the recovered land, in case various annual plants are present when the declaration and statistics are made, as the basis for calculating compensation and support. The certification shall be made within 15 days from the day on which the written request made by the organization in charge of compensation, support, and resettlement is received.

Before certifying, the People’s Committee of the commune where land is recovered shall verify and post such information at the People’s Committees of the communes, wards, or towns, and the head office of the residential areas where land is recovered for the people to know and give opinions. If no complaint is filed, no dispute arises, or no dissenting opinion is given after 10 days from the posting day, the People’s Committee of the commune shall certify and take responsibility before the law for such certification.

g) Cooperate with the organization in charge of compensation, support, and resettlement to provide compensation, support, and resettlement for all people whose houses and land are recovered, after such plan is approved by competent authorities;

h) Publicly post the decisions on settlement of complaints, denunciations, decisions on approval for compensation, support, and resettlement plans of competent authorities related to compensation, support, and resettlement;

i) Complete the system of cadastral documents; determining public land and unused land under the management of communes;

k) Responsively settle difficulties, lawsuits and disputes over land within their area of competence.

Article 42. Responsibility of the Services and agencies of the province

1. The Service of Natural Resources and Environment shall:

a) Preside the appraisal of the plan for compensation, support, and resettlement within the area of competence of the President of the provincial People’s Committee;

b) Provide guidance on the determination of land area, land type, and conditions for compensation, and uncompensable land when the State recovers land; the minimum area and position of resettlement land; provide guidance on the determination of land area that is eligible and not eligible for compensation, level of compensation or support for each person whose land is recovered as the basis for calculating compensation and support for each subjects;

c) Enhance the inspection of land as prescribed; formulate annual program and plan for inspecting the compliance with the laws on land locally; resolve the difficulties and settle disputes over land;

d) Annually summarize and report the local valuation, compensation, support and resettlement to the provincial People’s Committee, Ministries, and central agencies;

d) Preside and cooperate with the Service of Planning and Investment and the Service of Construction in making and submitting decisions on the range of land recovery of each project to the provincial People’s Committee for decision.

2. The Service of Finance shall:

a) Valuate the types of land at the request of the Service of Natural Resources and Environment; decide the level of support, method of support and resettlement, and request the provincial People’s Committee to decide.

b) Cooperate with the Service of Natural Resources and Environment in appraising the plan for compensation, support, and resettlement that is approved by the President of the provincial People’s Committee;

c) Inspect the provision of compensation, support, payment for the work team to organize local compensation, support, and resettlement.

3. The Service of Planning and Investment shall:

a) Cooperate with the Service of Finance in balancing and adjusting the budget to responsively satisfy the demand for budget for compensation, support, land clearance, and construction of resettlement areas in accordance with the plan made by the provincial People’s Committee;

b) Provide guidance; inspect the formulation and execution of resettlement projects.

4. The Service of Construction:

a) Cooperate with relevant agencies in requesting the provincial People’s Committee to approve the positions and scales of resettlement areas in conformity with the overall development planning of the province which is approved by competent authorities;

b) Provide guidance on the determination of scale, area, legitimacy, and illegitimacy of the constructions on the recovered land as the basis for calculating compensation and support as prescribed;

c) Determine prices of houses and constructions on the land for calculating compensation, and request the provincial People’s Committee to make approval;

d) Cooperate with functional agencies in considering the rationality and scale of resettlement area that suit the local development planning, and request the competent authority to make approval;

dd) Cooperate with the Service of Natural Resources and Environment in appraising the plan for compensation, support, and resettlement within their area of competence.

5. The Service of Agriculture and Rural development shall:

a) Presiding and cooperate with relevant Services and agencies in making the price list of plants and animals on land, and require the provincial People’s Committee to approve it;

b) Provide guidance for units and local governments on the determination of density of plants and conditions for compensation and support, and the procedures related to forest liquidation;

c) Provide guidance on the support for plant varieties, animal breeds, agriculture and forestry encouragement, pest control, veterinary services, farming, breeding techniques, and production techniques on the land provided as compensation according to Clause 6 Article 19 of this Regulation;

d) Provide guidance on the level of compensation (aquatic organism), salt fields, cultivars that are harvested ahead of schedule according to Point c Clause 1 Article 16 of this Regulation;

dd) Cooperate with the Service of Natural Resources and Environment in appraising the plan for compensation, support, and resettlement within their area of competence.

6. The Service of Industry and Trade shall consider the estimated budget for dismantlement, transport, and reinstallation of machinery, equipment, electricity system serving production of the organizations, households, and individuals that are moved, and request the provincial People’s Committee to make approval.

7. The Service of Labor, War Invalids and Social Affairs shall:

a) Cooperate with the Service of Finance and relevant Services in formulating the plan for provision of vocational training and employments for the people whose farmland is recovered, based on the instruction of the Ministry of Labor, War Invalids and Social Affairs, other Ministries and central agencies.

b) Cooperate with the organizations in charge of compensation, support, and resettlement in implementing the plan for vocational training, job change, and job provision for the people whose farmland is recovered. Direct the vocational training facilities to participate in provision of the vocational training according to this plan;

c) Cooperate with the management board of Dung Quat Economic Zone, management boards of industrial parks in Quang Ngai province, and People’s Committees of districts and cities to grasp the data about employment in the project area and the demand for labor of local enterprises and factories; request the organizations in charge of compensation, support, and resettlement to report the employments of the people subject to the land recovery project to the Service of Labor, War Invalids and Social Affairs.

The people that have their farmland recovered shall be prioritized in the annual vocational training plan;

d) Cooperate with the Service of Natural Resources and Environment in appraising the plan for compensation, support, and resettlement within their area of competence.

8. The Departments of Taxation of Quang Ngai shall:

a) Request the Sub-department of Taxation of districts to provide information about post-tax incomes, verify the fulfillment of tax liability of the organizations, households, and individuals that have their business suspended when the State recovers land at the request of the organization in charge of compensation, support, and resettlement;

b) Provide guidance or resolve issues related to tax liability of organizations, households, and individuals during the provision of compensation, support, and resettlement.

9. Provincial Inspectorate shall:

a) Provide guidance on the settlement of issues, complaints, and denunciations made by organizations, households, and individuals related to the provision of compensation, support, and resettlement when the State recovers land;

b) Verify complaints and denunciations made organizations, households, and individuals related to the provision of compensation, support, and resettlement when the State recovers land in accordance with the Law on Complaints and the Law on Denunciation;

c) Inspect and hurry People’s Committees of districts, relevant Services and agencies in settling complaints and denunciations related to compensation, support, and resettlement;

d) Inspect the land recovery, provision of compensation, support, and resettlement in accordance with the Law on Inspection.

Article 43. Commendations and penalties

1. The people whose land is recovered and the organizations and individuals that have accomplishments in compensation provision and land clearance shall receive commendations according to regulations of the State. Investors that have accomplishments in compensation provision shall be nominated for commendation.

2. The organizations and individuals in chare of compensation provision and land clearance that commit violations shall face administrative penalties or criminal prosecution, depending on the severity of their violations.

Article 44. For the projects and items that have finished the compensation, support, and resettlement; the projects and items of which the plans for compensation, support, and resettlement are approved, or the compensation, support, and resettlement are being provided according to the plans approved by competent authorities before this Decision takes effect, the plans approved by competent authorities shall apply, not this Regulation. In exceptional circumstances, investors shall offer suggestions to the People’s Committee of the district or city, where the project is located, for decision.

Article 45. Difficulties that arise during the implementation should be reported to the provincial People’s Committees (via the Service of Natural Resources and Environment) for consideration, amendment, and supplementation./.