Quyết định 1766/2014/QD-UBND

Decision No. 1766/2014/QD-UBND dated August 13, 2014, regulations on compensation, support and relocation upon land expropriation by the state under the law on land 2013 in the administrative division of Quang Ninh province

Nội dung toàn văn Decision No. 1766/2014/QD-UBND compensation support relocation upon land expropriation Quang Ninh


THE PEOPLE’S COMMITTEE OF QUANG NINH PROVINCE
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 1766/2014/QĐ-UBND

Quang Ninh, August 13, 2014

 

DECISION

REGULATIONS ON COMPENSATION, SUPPORT AND RELOCATION UPON LAND EXPROPRIATION BY THE STATE UNDER THE LAW ON LAND 2013 IN THE ADMINISTRATIVE DIVISION OF QUANG NINH PROVINCE

THE PEOPLE’S COMMITTEE OF QUANG NINH PROVINCE

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

Pursuant to the Law on Promulgation of Legislative Documents by People’s Council and People’s Committee dated December 03, 3004;

Pursuant to Law on Land No. 45/2013/QH13 dated November 29, 2013;

Pursuant to the Government’s Decree No. 43/2014/NĐ-CP dated May 15, 2014 detailing the implementation of a number of articles of Law on Land;

Pursuant to the Government’s Decree No. 47/2014/NĐ-CP dated February 15, 2014 regulating compensation, support, and relocation upon land expropriation by the State;

At the request of the Service of Natural Resources and Environment in the Statement No. 350/TTr-TNMT dated August 08, 2014 promulgating regulations on compensation, support and relocation upon land expropriation by the State under the Law on Land 2013 in the administrative division of Quang Ninh Province; At the request of the Department of Justice in the Appraisal Report No. 129/BC-STP dated August 07, 2014;

HEREBY DECIDES

Article 1. Promulgate enclosed herewith the regulations on compensation, support and relocation upon land expropriation by the state under the Law on Land 2013 in the administrative division of Quang Ninh province.

Article 2. This Decision takes effect after 10 days since the signing date.

This Decision replaces the People’s Committee of Quang Ninh Province’s Decision No. 499/2010/QĐ-UBND dated February 11, 2010 and Decision No. 1748/QĐ-UBND dated June 11, 2010. Any document relating to compensation, support and relocation previously promulgated in contradiction to the regulations enclosed herewith shall be abrogated.

Article 3. Chief officer of the province’s People’s Committee, presidents of People’s committees of districts, communes and cities, heads of relevant departments, agencies, subjects entitled to compensation, support and relocation shall be responsible for executing this Decision./.

 

 

PP THE PEOPLE'S COMMITTEE
ON BEHALF OF THE PRESIDENT
DEPUTY PRESIDENT




Do Thong

 

REGULATIONS

COMPENSATION, SUPPORT AND RELOCATION UPON LAND EXPROPRIATION BY THE STATE UNDER THE LAW ON LAND 2013 IN THE ADMINISTRATIVE DIVISION OF QUANG NINH PROVINCE.
(Enclosed with the Decision No.1766/2014/QĐ-UBND dated August 13, 2014 of the People’s Committee of Quang Ninh Province)

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Decision regulates compensation, support and relocation upon land expropriation by the state under the Law on Land 2013 in the administrative division of Quang Ninh Province.

Article 2. Regulated entities

1. Agencies that perform functions of state management on land; organizations that carry out compensation and site clearance;

2. Land users as prescribed in Article 5 of Law on Land upon land expropriation;

3. Other organizations, individuals relating to compensation, support, and relocation upon land expropriation;

4. Cases not prescribed hereof;

a) Projects of special cases as defined in Clause 1, Clause 2, Article 87 of Law on Land;

b) Projects not subject to land expropriation by the state;

Chapter II

COMPENSATION AND SUPPORT

Article 3. Determination of specific land prices as grounds for compensation, support and relocation is instructed in Point dd, Clause 4, Article 114 of the Law on Land, and Point b, Clause 2, Article 18 of the Decree No. 44/2014/NĐ-CP.

1. Determination of specific land prices for compensation;

Before issuing decision on expropriation, People’s committees of districts (where the land is subject to expropriation) shall organize implementation itself or propose the Service of Natural Resources and Environment to hire a consultant to carry out the inspection, survey and formulation of specific land prices as prescribed, and make the submission to People’s committees of provinces for approval.

2. Determination of inhabited land prices and relocation housing prices;

a) Land levy for relocation land, sale price of relocation houses shall be determined at the same time and in uniformity with principle and method of determination of specific land prices as grounds for compensation and support upon expropriation by the state;

b) The district’s People’s committee (where the land is subject to expropriation) shall implement itself or propose the Service of Natural Resources and Environment to hire a consultant to carry out the investigation, surveying and formulation of relocation land prices, sale price, rent, lease purchase price of relocation houses and make submission to competent agencies as prescribed in Clauses 1, 2 and 3, Article 30 hereof for examination and submission to the province’s People's committee for approval before issuing decision on expropriation.

Article 4. Determination of inhabited land area for compensation

1. Determination of inhabited land area is based on granted land use right certificate according to the Law on Land; In case the land use right certificate is not granted yet, determination of inhabited land area shall be based on limit of inhabited land allocation, or limit of inhabited land recognition to households and individuals as stipulated by People’s committees of provinces at the time the decision on expropriation is issued.

2. Location and borderlines of a piece of land in a land plot with houses thereon shall be determined according to location and borderlines stated in the land use right papers. In case papers of land use right are not yet issued or do not represent location, borderlines of the piece of inhabited land in the land plot with houses thereon, the office of Natural Resources and Environment of the district and the district’s People’s committee shall carry out the determination of location, borderlines of the land as foundations for compensation and support in inhabited land and other types of land in the same land plot.

3. For households and individuals that were paid compensation in the form of inhabited land for part of the land expropriated for implementation of previous projects, the remaining area (not yet issued land use right certificate) now continues to be expropriated for site clearance, the area of inhabited land for compensation and support shall be the area of land that is actually expropriated but at the maximum only equal the limit of land allocation, land recognition as prescribed in Clause 1 of this Article minus (-) the area of land expropriated for previous projects.  The office of Natural Resources and Environment shall actively cooperate with the commune’s People’s Committee and the organization charged with compensation, support and relocation in determining inhabited land area for compensation.

Article 5. Compensation for the remaining land-related investment expense upon expropriation for the purposes of national defense and security; socio-economic development for the benefits of the public and the country: Article 76 of the Law on Land, Article 3 of the Decree No. 47/2014/NĐ-CP;

In case the remaining land-related investment expenses do not have documentary evidence according to the provisions set out in Point a, Clause 3, Article 3 of the Decree No. 47/2014/NĐ-CP the remaining land-related investment expenses must be confirmed in writing by the commune’s People’s Committee. Level of compensation:

1. Households and individuals: level of compensation is 30% of the land price according to the land price table promulgated by the province’s People’s Committee;

2. Enterprises and organizations: No compensation and support;

3. In case non-agricultural land or inhabited land is compensated according to price of non-agricultural land or inhabited land upon expropriation, no compensation shall be made for site clearance.

Article 6. Compensation in land upon expropriation of inhabited land by the State: Article 79 of the Law on Land; Article 6, Clause 2, Article 30 of the Decree No. 47/2014/NĐ-CP.

Clause 1, Article 6; Clause 2, Article 30 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

1. If households and individuals that are using land, overseas Vietnamese who own land-use right-linked houses in Vietnam have land use right certificate or satisfy conditions for issuance of land use right certificate, certificate of house ownership and other land-linked properties under the Law on Land, compensation in the form of land shall be made as follows:

a) If the land is fully expropriated or the remaining area after expropriation does not meet conditions for occupation as prescribed by the province’s People’ Committee and related households and individuals have no inhabited land or house for occupation in the administrative division of communes, wards and towns where the land is expropriated, such households and individuals shall be compensated in inhabited land or relocation houses. Area of inhabited land or houses for compensation is the area of inhabited land or houses in the relocation area put into construction planning;

In case value of inhabited land or houses expropriated is different from value of the inhabited land or houses in the relocation area, payment in cash shall be made as follows:

a1) In case value of the land expropriated is greater than value of inhabited land or houses in the relocation area, such difference shall be paid to resettled people.

a2) In case value of the land expropriated is greater than value of inhabited land or houses in the relocation area, resettled people must pay such difference except otherwise as regulated in Clause 1, Article 22 of the Decree No. 47/2014/NĐ-CP;

b) If the land is fully expropriated or the remaining area after expropriation does not meet conditions for occupation as prescribed by the province’s People’ Committee and related households and individuals still have inhabited land or houses for occupation in the administrative division of communes, wards and towns where the land is expropriated, such households and individuals shall be compensated in the form of money.

2. Area that does not meet conditions for occupation is the area that does not meet conditions for partition as prescribed by the province’s People’s Committee.

Article 7. Compensation in land for the remaining land-related investment expenses upon expropriation of non-agricultural land (not inhabited land) by the State: Article 80 of the Law on Land; Article 7 of the Decree No. 47/2014/NĐ-CP.

Clause 3, Article 7 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

Households and individuals that are using non-agricultural land (not inhabited land) leased out by the State with land rent paid once for the entire lease term but enjoy exemption from land rent thanks to the policy on people dedicated to national revolution shall be compensated 100% of value of the land upon expropriation.

Article 8. Compensation for loss caused by limited use of land, loss caused to land-linked properties within safety corridor upon construction of protection corridor-linked works: Article 94 of the Law on Land; Article 10 of the Decree No. 47/2014/NĐ-CP; Articles 18, 19, 23 of the Government’s Decree No. 14/2014/NĐ-CP dated February 26, 2014 detailing the implementation of Law on Electricity in electricity safety.

1. Compensation and support in land

a) In case land use purpose is changed, Clause 1, Article 10 of the Decree No. 47/2014/NĐ-CP shall apply.

b) In case land use purpose is not changed but use of land is limited, compensation shall be made in cash once at a time. Level of compensation as follows:

- Inhabited land, non-agricultural land: 50% of value of the land at the time the compensation plan is approved;

- Perennial crop land, production forest land: 30% of value of the land at the time the compensation plan is approved;

2. Compensation and support for housing and works

a) If houses, works serving activities of households and individuals are not subject to relocation from safety corridor of the aerial power line of 220 KV as prescribed in Article 13 of the Decree No. 14/2014/NĐ-CP owners of such houses, works shall be compensated and supported due to limited use and effects on activities. Compensation and support shall be made once at a time as follows:

- For houses, works with part or whole of the area lying within safety corridor of the aerial power line and being built on the land eligible for compensation in the form of land according to the Law on Land before notice about the implementation of the high-voltage grid construction project approved by competent authorities is issued, owners of such houses, works shall be compensated and supported for the area lying within the safety corridor. Level of compensation is 50% of value of completely constructed house, works;

- For houses, works being built on the land ineligible for compensation in the form of land according to the Law on Land, owners of such houses, works shall be supported 20% of value of completely constructed house, works.

b) For houses, works that are built before notice about the implementation of the high-voltage grid construction project approved by competent authorities is issued:

- The investor of the high-voltage grid works shall incur expenses and carry out renovation as necessary to meet the conditions as prescribed in Article 13 of the Decree No. 14/2014/NĐ-CP if such conditions are not met by owners of such houses, works;

- In case part of the house, works is demolished and the remaining part still meets technical standards according to the Law on Construction and conditions prescribed in Article 13 of the Decree No. 14/2014/NĐ-CP the investor of such works shall be responsible for paying compensation for part of the house, works demolished and expenses for renovation of the remaining part to their original state, or compensation for relocation as prescribed hereof;

- In case houses, works can not be renovated to meet conditions as prescribed in Article 13 of the Decree No. 14/2014/NĐ-CP and are subject to demolition and relocation, owners of such houses, works shall be compensated, supported as prescribed hereof.

3. Compensation and support for plants

a) In case any plant that exists before notice about the implementation of the high-voltage grid construction project approved by competent authorities is issued is cut down and re-planting is banned according to the provisions set out in Clause 3, Article 12 of the Decree No. 14/2014/NĐ-CP compensation shall be made according to applicable regulations ;

a) In case any plant that exists before notice about the implementation of the high-voltage grid construction project is issued, lies within a safety corridor and is not defined as kinds of plants subject to cutting down and prohibition as prescribed in Clause 3, Article 12 of the Decree No. 14/2014/NĐ-CP or any plant that sits outside safety corridor likely to violate safety distance as prescribed in Clause 2, Article 12 of the Decree No. 14/2014/NĐ-CP the managing unit has the right to fell or prune such plant to ensure safety to aerial power lines and carry out compensation as prescribed;

c) Compensation as prescribed in Points a, b, Clause 3 of this Article shall be made once at a time for one single plant according to unit price prescribed by the province’s People’s Committee and re-planting is banned.

4. For land that lies within previously constructed safety corridor of high-voltage grid and is now expropriated by the state for investment, renovation and upgrading, the owners thereto shall be compensated and supported for only affected area of land within the corridor.

Article 9. Compensation to users of state-owned houses, works subject to expropriation; Article 14 of the Decree No. 47/2014/NĐ-CP.

Clause 1, Article 14 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

Users of state-owned houses (leased or self-managed houses) shall not be compensated for the area owned by the State and the illegally expanded area but shall be compensated 100% of the expenses for renovation, repair and upgrading with respect to area of leased house and legally expanded area.

Article 10. Compensation for land to users as co-owners of land use right: Article 15 of the Decree No. 47/2014/NĐ-CP.

Compensation for land to users as co-owners of land use right as prescribed in Clause 1, Article 15 of the Decree No. 47/2014/NĐ-CP is made as follows :

1. Users as co-owners of land use right themselves shall carry out division of amount of compensation;

2. In case division of compensation can not be arranged among users as co-owners of land use right, such common amount of compensation shall be transferred to an impound account at State Treasuries and shall be paid back upon receipt of a written agreement between and by co-owners, or receipt of a decision by competent agencies or the Court.

Article 11. Compensation, support, and relocation to users of land in the area suffering environmental pollution and under threat to human life; users of land susceptible to landslide, sinking and other natural catastrophes imposing threat to human life: Article 16 of the Decree No. 47/2014/NĐ-CP

Point a, Clause 2, Article 16 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

In case all or part of the land used by households and individuals slides or sinks all of a sudden or is most likely to slide or sink and the remaining part is no longer usable, users thereof shall be provided with relocation land. The district’s People’s Committee, in reliance on the site and relocation area planning, shall carry out arrangement on the basis of the principles as set out hereof.

Article 12. Support for living and production stabilization upon expropriation by the State: Point a, Clause 2, Article 38 of the Law on Land; Article 19 of the Decree No. 47/2014/NĐ-CP

1. Point a, Clause 3, Article 19 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

In case from 30% to 70% of agricultural land is expropriated, support shall be provided for a period of six months if residence is not moved and a period of 12 months if residence is moved; in case residence is moved to areas of extreme socio-economic difficulties, support shall be provided for a maximum of 24 months;

In case over 70% of agricultural land is expropriated, support shall be provided for a period of 12 months if residence is not moved and a period of 24 months if residence is moved; in case residence is moved to areas of extreme socio-economic difficulties, support shall be provided for a maximum of 36 months;

2. Point a, Clause 4, Article 19 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

Any household or individual who receives compensation in the form of agricultural land for at least 30% of the land expropriated shall be supported for production stabilization including: plant varieties, breeds of domestic animals for agricultural production, agricultural and forestry extension services, plant protection services, veterinary medicine, cultivation and cattle-breeding techniques, and professional skills for production and business in industry and trade services. Level of compensation:

a) From 30%-70% of the land expropriated: VND 5 million/household;

a) From 70% and over of the land expropriated: VND 7 million/household;

3. Point b, Clause 4, Article 19 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

Economic organizations, households and individuals involved in production, trading, and foreign-invested enterprises as defined in Point dd, Clause 1 of Article 19 of the Decree No. 47/2014/NĐ-CP shall be supported for production stabilization in money (equal to 30% of after-tax income according to average income of three most recent years).

4. Clause 5, Article 19 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

Households and individuals who currently use the land allocated from state-run farms, plantations for agricultural, forestry and aquaculture production, not among the cases as defined in Point d, Clause 1, Article 19 of the Decree No. 47/2014/NĐ-CP shall be supported for living and production stabilization in money for a period of six months unless household members are officials and civil servants who are still working, retired on a pension, retired due to loss of capacity for work and retired on redundancy payments.

5. Clause 6, Article 19 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

Employees hired by economic organizations, households and individuals involved in production, trading, and foreign-invested enterprises as defined in Point dd, Clause 1, Article 19 of the Decree No. 47/2014/NĐ-CP under labor contract shall receive support in the form of severance pay for six months of region-based minimum wages;

6. Level of support for a household member as prescribed in Clauses 1, 4 of this Article equals to 30 kg of rice/month; Price of rice for support as prescribed in Articles 15, 16 and 17 hereof shall be decided by the district’s People’s Committee.

Article 13. Support in training, occupational change and job seeking to households and individuals directly involved in agricultural production upon expropriation of agricultural land:

Article 84 of the Law on Land; Article 20 of the Decree No. 47/2014/NĐ-CP.

Point b, Clause 1, Article 20 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

1. Users of annual crop land, aquacultural land, salt production land upon expropriation shall be supported (in money) 2.5 times the price of agricultural land of the same type as in the land price list prescribed by the province's People's Committee with respect to area of agricultural land subject to expropriation, but not in excess of the limit of agricultural land allocation in the locality.

2. Users of other types of agricultural land shall be supported (in money) two times the price of agricultural land of the same type as in the land price list prescribed by the province's People's Committee with respect to area of agricultural land subject to expropriation, but not in excess of the limit of agricultural land allocation in the locality.

3. Limit of agricultural land allocation in the locality is the limit approved to communes, wards and towns by the district’s People’s Committee. In case the district’s People’s Committee is yet to provide limit of agricultural land allocation to households and individuals for stable and long-term agricultural production purposes in communes, wards and towns, area for compensation and support upon expropriation is the area actually expropriated but maximum compensation and support not in excess of the limit of allocation as prescribed in Article 129 of the Law on Land.

Article 14. Support in training, occupational change and job seeking to households and individuals whose inhabited land with businesses and services thereon is subject to expropriation: Point b, Clause 2, Article 83; Clause 2, Article 84 of the Law on Land; Article 21 of the Decree No. 47/2014/NĐ-CP

Households and individuals whose inhabited land with business and services thereon is subject to expropriation and relocation of residence:

1. In case users thereto have fulfilled business registration and financial obligations with the state, such users shall be supported six months of basic pay in the form of training, occupational change and job seeking as stipulated by the Government for each business location at the time the decision on expropriation is issued;

2. In case businesses thereon fail to meet conditions as prescribed in Clause of this Article, owners thereto shall be supported half of the limit as prescribed in Clause 1 of this Article in the form of training for occupational change and job seeking.

Article 15. Support to lessees on houses not owned by the State: Article 23 of the Decree No. 47/2014/NĐ-CP

Households and individuals as permanent residents in Quang Ninh Province and lawful lessees before the time expropriation is announced (confirmed by the commune's People's Committee) shall be supported VND 3,000,000/household for relocation and 30 kg of rice/household member for three months for living stabilization upon expropriation of land and house thereon.

Article 16. Support for public land owned by communes, wards and towns upon expropriation: Article 24 of the Decree No. 47/2014/NĐ-CP

1. Users of agricultural land used for the public interests of communes, wards and towns, upon expropriation, shall not be compensated but supported 100% of the agricultural land price according to the land price list announced by the Province’s People’s Committee. Amount of money in support shall be transferred to the state budget and included in the commune’s annual budget estimates, and used only for investment and construction of infrastructural works and for the public interests of communes.

2. Users of public land owned by communes, wards and towns, upon expropriation, shall not be compensated for land but for the remaining land-related investment expenses as prescribed in Article 5 hereof.

Article 17. Other supports: Article 25 of the Decree No. 47/2014/NĐ-CP

1. Any household or individual directly involved in agricultural production with less than 30% of the agricultural land expropriated shall be supported for living and production stabilization. Level of compensation:

a) Aquacultural land (coastal swamps, production forest land): VND 1,000/m2, but maximum support not in excess of VND 2,000,000/household member;

b) Annual crop land, perennial crop land, salt production land, aquacultural land (lakes, ponds, inland marshes), other agricultural land: VND 2,000/m2, but maximum support not in excess of VND 2,000,000/household member;

c) Household members to be supported are the household members that have their names in family register at the time expropriation is announced, living in dependence on income from agricultural production.

2. Supports to households that are on benefit after relocation caused by expropriation

a) Revolutionary activists before January 01, 1945 (revolutionary veterans); revolutionary activists from January 01, 1945 to August General Uprising 1945; Vietnamese heroic mothers; heroes of People’s armed forces; heroes of Labor; war invalids, persons on benefit like war invalids, war invalids (B class), diseased soldiers, resistance war activists infected with toxic chemicals and having work capacity reduced from 81% and over as a result of injuries and diseases; relatives of martyrs on monthly death grant: VND 10 million/household;

b) War invalids, persons on benefit like war invalids, diseased soldiers, resistance war activists infected with toxic chemicals and having work capacity reduced from 61% to 80% as a result of injuries and diseases: VND 8,000,000/household;

c) War invalids, persons on benefit like war invalids,   diseased soldiers, resistance war activists infected with toxic chemicals and having work capacity reduced from 41% to 60% as a result of injuries and diseases: VND 6,000,000/household;

c) Relatives of martyrs as prescribed in Clause 1, Article 14 of Ordinance on Preferential Treatment of People with Meritorious Services to the Revolution; War invalids, persons on benefit like war invalids, class-B war invalids, diseased soldiers, resistance war activists infected with toxic chemicals and having work capacity reduced from 21% to 40% as a result of injuries and diseases; persons on a monthly benefit for helping the revolution; persons awarded Campaign Medal “ The Fatherland Remembers Your Sacrifice” or Certificate “People with Meritorious Services to the Country” for helping the revolution: VND 4,000,000/household;

dd) Revolutionary activists, war resistance activists forced into exile; activists for war resistance and national liberation, in defence of the Fatherland and performing international tasks that were awarded First Class War Resistance Medal or First Class Victory Medal: VND 3,000,000/household.

3. Rewards for site plan hand-over progress;

Land users that meet deadline for hand-over of expropriated land shall be rewarded as follows:

a) For land without houses, works thereon, rewards shall be determined by multiplying actual area of expropriated land by unit price of each type of land with reward value ranging between VND 500,000 - 5,000,000 per household;

Unit price for rewards;

- Annual crop land, perennial crop land, salt production land: VND 5,000/m2 ;

- For forest land, aquacultural land: VND 500/m2

- For non-agricultural land: VND 50,000/m2

b) In case whole of houses, architectural works serving living activities, houses serving production and trading is subject to demolition: VND 10 million/household;

c) In case part of houses, architectural works serving living activities, houses serving production and trading is subject to demolition: VND 5,000,000/household;

d) The district’s People’s Committee shall decide rewards at the request of land fund development organizations.

4. Households and individuals that have over 70% of agricultural land expropriated and have living standards defined as poor households under the Prime Minister's promulgation shall be supported once at a time. Level of support is VND 200,000/month/household member and the period of support is 60 months.

5. Supports given to households and individuals whose houses are subject to demolition upon land expropriation:

a) Relocation within the expropriated land plot: 180 kg of rice/household member;

b) Relocation to a new place that does not fall within communes, wards of extremely difficult economy: 360 kg of rice/ household member;

b) Relocation to a new place that falls within communes, wards of extremely difficult economy: 720 kg of rice/ household member;

6. Households and individuals that are subject to relocation as a result of expropriation shall be supported in rents for a period of six months. Level of support: VND 2,000,000/month/household;

7. Other special cases, in addition to the forms of supports as prescribed hereof, the district’s People’s Committee shall make specific proposals to the province’s People’s Committee for consideration and decision in reliance on actual circumstances.

Chapter III

RELOCATION

Article 18. Arrangement of relocation to land users subject to relocation upon land expropriation: Article 86 of the Law on Land; Article 27, Clauses 2, 4, Article 6 of the Decree No. 47/2014/NĐ-CP

1. Conditions for arrangement of relocation land:

If households and individuals, overseas Vietnamese as owners of land use right-linked houses in Vietnam who meet conditions for compensation have no other places for occupation upon expropriation and the remaining area after expropriation does not meet conditions for occupation as prescribed by the province’s People’s Committee, in addition to compensation in the form of land or money as prescribed in Clause 1, Article 6 hereof, such owners shall be arranged relocation as  prescribed in Clauses 2, 3 and 4 hereof.

2. In case a household of multiple generations (multiple couples under the Law on Marriage and Family) lives on the same land plot eligible for partition into individual parcels for each household according to the Law on Residence and area of the inhabited land subject to expropriation is less than or equal to 2.5 times the limit of land allocation, recognition as prescribed by the province’s People’s Committee, such household shall be arranged one (01) allotment of relocation land.

In case area of the inhabited land subject to expropriation is greater than 2.5 times the limit of land allocation, recognition as prescribed by the province's People's Committee, such household shall be arranged two (02) allotments of relocation land.

3. In case multiple households own the same land use right to one single land plot, upon expropriation, relocation shall be arranged as follows:

a) In case two households own the same land use right and area of the inhabited land for compensation is less than 1.5 times the area of one allotment of relocation land, no relocation land is alloted;

b) In case two households own the same land use right and area of the inhabited land for compensation is greater than or equal to 1.5 times the area of one allotment of relocation land, one allotment of relocation land is alloted;

c) In case from three households and more own the same land use right and area of the inhabited land for compensation is less than 1.5 times the area of one allotment of relocation land, one allotment of relocation land is alloted;

d) In case from three households and more own the same land use right and area of the inhabited land for compensation is greater than or equal to 1.5 times the area of one allotment of relocation land, two allotments of relocation land are alloted;

4. For cases as not defined in Clauses 2, 3 of this Article, the district’s People’s Committee shall make the report to the province’s People’s Committee for consideration and decision.

5. In case households own the same land plot as condominium land, each allotment of the land shall equal one apartment in compensation.

6. In case the land with houses thereon is expropriated and ineligible for compensation in the form of inhabited land, the owners thereto shall be offered sale, lease of houses or allocated one allotment of relocation land with payment of land levies if they have no other places for occupation. Sale price, rent and lease purchase price of houses, land levies on inhabited land shall be prescribed by the province’s People’s Committee.

7. Minimum allotment of relocation as prescribed in Article 7 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

a) Relocation land: 60 m²;

a) Relocation houses: 30 m²;

Article 14. Support for relocation to households and individuals, overseas Vietnamese subject to relocation upon expropriation of inhabited land: Article 22 of the Decree No. 47/2014/NĐ-CP

Clause 2, Article 22 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

1. Households and individuals that are eligible for compensation in inhabited land, relocation houses do not need compensation in inhabited land or relocation houses shall receive an amount of money for arranging their own residence as follows in addition to the compensation in the form of money:

a) For rural areas: VND 120 million/household or households owning the same land use right;

b) For urban areas: VND 150 million/household or households owning the same land use right;

2. If households and individuals eligible for arrangement of relocation as prescribed in Clauses 2, 3, 4 and 5, Article 18 hereof do not need to receive relocation land shall be supported 50% of the limit as prescribed in Clause 1 hereof for each allotment of relocation land unreceived.

3. Cases as prescribed in Clauses 6, Article 18 hereof shall not be supported.

4. Support in local relocation

Households and individuals with part of their land (with houses thereon) expropriated and the remaining area satisfying conditions for occupation (larger or equal to minimum area permitted for partition as prescribed by the province's People's Committee) shall be supported 30% of the limit as prescribed in Clause 1 hereof.

Chapter IV

COMPENSATION FOR LOSS TO PROPERTIES, PRODUCTION AND BUSINESS

Article 20. Unit price for complete construction of houses, works: Clauses 1, 4, Article 9 of the Decree No. 47/2014/NĐ-CP

1. Apply the unit price promulgated by the province's People's Committee;

2. For houses, works not defined in the list of unit prices promulgated by the province’s People’s Committee, the district’s People’s Committee, in reliance on the limit, unit price, price of materials, workforce, machine shift...announced by competent agencies, shall formulate unit price itself for application and at the same time make the report to supervisory departments for overseeing and management.

Article 21. Compensation for houses and buildings linked to land subject to expropriation: Article 89 of Law on Land, Article 9 of the Decree No. 47/2014/NĐ-CP

1. Houses and buildings linked to land owned by households and individuals, overseas Vietnamese: execute Clause 1, Article 89 of the Law on Land;

2. Level of compensation for houses and buildings linked to land subject to expropriation as prescribed in Clause 1, Article 9 of the Decree No. 47/2014/NĐ-CP is determined by total value of existing houses and buildings in damage and the amount of money is calculated as percentage of existing value of houses and buildings. Where:

a) Existing value of houses and buildings in damage is determined by multiplying percentage of existing quality of the house and building by value of complete construction of the house and building of equivalent technical standards promulgated by line management ministries;

b) The amount of money is calculated as 50% of existing value of houses and buildings, but level of compensation shall not exceed 100% of the value of complete construction of the house and building of equivalent technical standards;

3. For houses and buildings with part of which subject to demolition as prescribed in Clause 3, Article 9 of the Decree No. 47/2014/NĐ-CP shall be executed as follows:

a) For houses and buildings part of which is demolished and the remaining part is unusable or does not guarantee load bearing capacity, owners thereto shall be compensated for the entire house, building;

b) For houses part of which is demolished and the remaining part only includes staircase, toilet, the owners thereto shall be compensated for the entire area of the house;

c) For houses and buildings part of which is demolished and the remaining part is usable, the owners thereto shall be compensated for entire vertical section of houses as follows in addition to the compensation as prescribed:

c1) For houses built of ferro-concrete frame or steel frame structure, area of construction floor for compensation shall be determined from boundaries of the expropriated land to the closest load bearing structure frame;

c2) For a house built of load bearing brick structure part of which is cut off and safety to the house is still guaranteed, area of construction floor for compensation shall be determined by multiplying width of vertical section (before being cut off) by one meter in length and by the number of floors being cut off.

c3) Compensation and reimbursement for vertical section of the house are determined in the following formula:

G = B x G x S x T, where:

G: Value of vertical section for compensation and reimbursement.

B: Width of veritcal section is the width at the position of cutting off

Gbđ : Unit price for compensation prescribed by the province's People’s Committee is based on one square meter of construction floor.

S: Length (defined as one meter),

T : Number of floors being cut off

4. For houses and buildings that do not satisfy technical standards as prescribed by the line management ministry enclosed with Clause 4, Article 9 of the Decree No. 47/2014/NĐ-CP compensation shall be made in accordance with Clauses 1, 2 and 3 hereof, and Clause 2, Article 20 hereof.

Article 22. Compensation for technical and social infrastructure works linked to land

1. For technical and social infrastructure works subject to relocation, level of compensation is equal to value of complete construction of the works with equivalent technical standards. The management and operation unit shall be responsible for construction, relocation of the works ; if the works are no longer put into use, no compensation is made.

For technical and social infrastructure works subject to relocation and yet to be classified into grade of technical standards, the line management department shall determine grade of technical standards for compensation.

2. In case any unit as owner of the works has made a written request for compensation in the form of reimbursement for the works (instead of money as prescribed in Clause 1 hereof), the reimbursement for the works shall be made as follows:

a) Organizations engaged in compensation and site clearance shall be responsible for carrying out the formulation or hiring an organization of corporate capacity to carry out the formulation of cost estimates of new construction works of similar technical standards, making submission to supervisory state agencies for suggestions before submission to the district’s People’s Committee for approving the plan for compensation and support.

b) Value of the approved plan for compensation and support is the budget for relocation, construction and reimbursement for the works to the owner. Relocation and construction of the works must be carried out in accordance in sequence and regulations on investment project management; expropriated properties no longer used shall be handled in accordance with applicable regulations ;

c) In case the owner has a demand for addition of scale, capacity and technical standards, such addition shall be incurred by the owner.

Article 23. Compensation for movement of tombs: Article 18 of the Decree No. 47/2014/NĐ-CP

1. 100% compensation is made for the re-construction of tombs of previous scale according to unit price for compensation.

2. Expenses for land, excavation, movement and other appropriate expenses:

a) Tombs not yet moved to another place: VND 13 million/tomb; 

b) Tombs moved to another place : VND 8,000,000/tomb; 

3. For tombs without remains for calling up the soul of martyrs and confirmed by social policy agencies, compensation shall be made in accordance with Clause 1 and Point b, Clause 2 of this Article.

4. Compensation for movement of tombs is instructed in Clauses 1, 2 and of this Article no matter what such tombs are owned or unowned.

5. In case of unowned tombs, the amount of compensation for movement and gathering of tombs into cemetery shall be transferred to organizations, individuals assigned by the district’s People’s Committee.

Article 24. Other regulations on compensation and support for houses and architectural works

For houses, works and other properties that lie outside the expropriated area but are affected by the construction of the project, compensation and support shall be made as follows:

1. Compensation for some construction to ensure safety to houses, works if adjacent construction project causes loss of safety to houses and works. In case no solution for ensuring safety to houses, works is available, compensation, support and relocation shall be made in accordance with applicable regulations at the time of land expropriation.

2. Compensation for construction of new path to the owner of houses, works if the adjacent construction project blocks the owner’ path. In case no solution for constructing a new path is available, compensation, support and relocation shall be made in accordance with applicable regulations at the time of land expropriation.

3. The adjacent construction project causes the following damage to houses, works:

a) Flooding, lowering quality of houses, works and plants, compensation shall be made for properties, plants actually damaged and the investor shall be responsible for anti-flooding.

b) Cracks, landslides, collapses of houses and works, compensation shall be based on actual damage.

4. Households and individuals that are supported in local relocation shall be compensated additional land for re-construction of houses and works but not in excess of the remaining area.

5. The investor shall be responsible for making compensation to owners of properties affected as prescribed in Clauses 1, 2 and 3 hereof.

Article 25. Other supports for houses, works illegally constructed and not defined in Articles 31, 32 of the Decree No. 43/2014/NĐ-CP: Article 25 of the Decree No. 47/2014/NĐ-CP).

For houses and works ineligible for construction, depending on severity and legitimacy of the land, supports shall be made as follows:

1. Other houses and works that are ineligible for construction but were constructed on a land eligible for compensation in land:

a) If houses and works constructed before July 01, 2004, level of compensation is instructed in Articles 20, 21 and 22 hereof.

b) If houses and works were constructed from July 01, 2004 to before July 01, 2014 and the construction is not in conformity with land use purpose according to the law provisions, level of compensation is 50% of the level as prescribed in Articles 20, 21 and 22 hereof in case no violation is confirmed by competent agencies from commune level and over. Otherwise, no compensation and support shall be made.

2. For other houses and works that are ineligible for construction and were constructed on a land ineligible for compensation in land but at the time of construction the land use planning, plans were not announced by competent authorities, or the construction of houses and works are in conformity with land use purpose planning, plans, not violating protection corridor, the owners thereto shall be supported 80% of the level of compensation as prescribed in Articles 20, 21 and 22 hereof.

c) For other houses and works that are ineligible for construction, were constructed before July 01, 2004 on a land ineligible for compensation in land, and the construction of such houses, works has violated the announced land use planning, plans or protection corridor, the owners thereto shall be supported 30% of the level of compensation as prescribed in Articles 20, 21 and 22 hereof in case no violation is confirmed by competent agencies from commune level and over.

3. For other houses and works that were constructed on a land ineligible for compensation in land and warned against the construction by competent state agencies during the construction, no support shall be made. Owners thereto shall be forced to carry out demolition or incur all the expenses in case competent agencies carry out the demolition.

Article 26. Compensation for movement upon land expropriation: Article 91 of Law on Land

1. Owners of a land subject to expropriation and movement of properties thereon shall be compensated for dismantling, movement and installation. Level of compensation: VND 5,000,000/household;

2. In case machinery system, production lines have to be moved, the owners shall be compensated for dismantling, movement, installation and losses caused. Land fund development organizations shall formulate cost estimates (or hire consultant) and make the submission to supervisory agency for examination and verification and to the district’s People’s Committee for approval according to the regulations on compensation, support and relocation.

Article 27. Compensation for plants, domestic animals: Article 90 of the Law on Land

1. In case land expropriation causes damage to plants and aquatic animals, compensation for the damage is instructed in Article 90 of the Law on Land except the following cases:

a) Plants and aquatic animals are developed after the notice about land expropriation is issued;

b) Plants banned from growing within a safety corridor of the construction works announced and marked boundaries;

c) Plants fade or dead at the time of counting;

2. Unit price for compensation for plants and aquatic animals according to the decision issued by the province’s People’s Committee.

3. Compensation for households and individuals assigned to carry out development, management, caring and protection of forests on a contractual basis is based on the contract for work assignment; In case the contractor for work assignment is not available or the contract for work assignment does not specify the ratio of division, compensation shall be based on the provisions set out in the Law on Protection and Development of Forests at the time of work assignment to determine maximum proportion possible the households and individuals that receive work assignment.

Chapter V

SEQUENCE AND PROCEDURES FOR IMPLEMENTATION OF COMPENSATION, SUPPORT AND RELOCATION

Article 28. Examination and verification of plans for compensation, support and relocation; plants for supports in training, occupational change and job seeking

The Office of Natural Resources and Environment of the district shall cooperate with relevant departments, sectors and units in carrying out the examination and verification of plans for compensation, support and relocation; plans for supports in training, occupational change and job seeking.

Article 29. Authorities to expropriate land: Article 66 of Law on Land

In case the area subject to expropriation includes the subjects as prescribed in Clauses 1 and 2, Article 66 of the Law on Land, the district’s People’s Committee shall decide expropriation.

Chapter VI

IMPLEMENTATION

Article 30. Responsibilities for implementation of compensation, support and relocation

1. The Service of Natural Resources and Environment:

a) Instruct and inspect the execution of the regulations on compensation, support and relocation upon expropriation by the State;

b) Actively cooperate with relevant agencies, organizations in handling difficulties in compensation, support and relocation upon land expropriation by the state;

c) Instruct and inspect the management and employment of land after site clearance; issuance of Certificate of rights to use land, ownership of land and property on land in the relocation area;

d) Actively cooperate with the Service of Finance and relevant departments and sectors in formulating land price adjustment coefficients and making submission to the province’s People’s Committee for decision as prescribed in Point b, Clause 2, Article 18 of the Decree No. 44/2014/NĐ-CP.

2. The Service of Finance:

d) Actively cooperate with the Service of Natural Resources and Environment and relevant departments and sectors in formulating land price adjustment coefficients and making submission to the province’s People’s Committee for decision;

b) Actively cooperate with relevant departments in handling difficulties in the determination of the remaining land-related investment expenses;

c) Oversee, inspect and instruct determination of rice price for calculation of compensation;

3. The Service of Construction:

a) Inspect, instruct and handle difficulties in applying provisions on price of houses, works during the implementation of compensation and support for properties; Handle within competence difficulties in compensation for houses, works at the request of the district's People's Committee;

b) Provide instructions to commune-level agencies on the determination of unit price that is not defined in the table of unit price issued by the province’s People’s Committee and carry out updates and supplements to the table of unit price issued by the province’s People’s Committee;

c) Preside over the adjustment to the province’s People’s Committee's table of unit price when there are changes;

d) Provide instructions on the determination of quality of houses, works part of which is dismantled to decide if the remaining part of houses, works can be used or dismantled;

4. The Service of Planning and Investment:

Actively cooperate with the Service of Finance in balancing and adjusting local state budget capital to meet demand for capital in compensation, support and relocation; formulate and allocate capital for investment and construction of relocation area on an annual basis;

5. Department of Taxation of Quang Ninh Province:

a) Provide instructions to the Branch of Taxation on the determination of after-tax income of organizations, production and trading households;

b) Provide instructions on the determination of financial obligations for land within sector of taxation in relation to compensation, support and relocation;

6. The Service of Agriculture and Rural development:

a) Inspect and provide instructions on application of provisions on compensation, support for construction works of agriculture, plants and domestic animals; Handle within competence difficulties arising within the sector of one’s own responsibility at the request of the district's People's Committee;

b) Carry out examination and verification; make submission to the province’s People’s Committee for approval for adjustments and supplements to the unit price for compensation for construction works of agriculture, plants and domestic animals…within the sector of one’s own responsibility at the request of the district’s People’s Committee;

7. Departments, sectors: Transport; Industry and Trade; Posts and Electricity of Quang Ninh Province:

a) Inspect the execution of provisions on price of houses, works in the implementation of compensation and supports for properties; Handle within competence difficulties in compensation for houses, works at the request of the district's People's Committee;

b) Provide instructions to commune-level agencies on the determination of unit price that is not defined in the table of unit price issued by the province’s People’s Committee and carry out updates and supplements to the province’s People’s Committee’s unit price;

c) Carry out examination and verification; make submission to the province’s People’s Committee for approval for the unit price for compensation for construction works as prescribed;

d) Provide instructions on the examination and verification of quality of the works affected by the development and implementation of projects, and difficulties arising within the sector of one’s own responsibility;

8. Provincial Inspectorate:

a) Verify, conclude and make the report to the province's People’s Committee; handle complaints, denunciation from organizations, households and individuals relating to compensation, support and relocation upon expropriation by the State according to the regulations of the Law on Complaints and Denunciation;

b) Inspect and speed up the district’s People’s Committee, relevant departments, sectors in handling complaints, denunciation relating to compensation, support and relocation;

c) Execute functions, tasks, powers as prescribed to individual agencies, units by the province’s People’s Committee;

9. Responsibilities of the district’s People’s Committee: Execute Clauses 2, 3, Article 66; Clauses 1, 2, Article 67; Point a, Clause 1; Point a, Clause 3, Article 69; clause 3, Article 70; Clause 3; Point a, Clause 4, Article 71; Clause 3, Article 84 and Article 85 of the Law on Land; Article 17 of the Decree No. 43/2014/NĐ-CP; Article 3, Article 11, Clause 6, Article 12, Point dd, Clause 3, Article 17, Clause 2, Articles 20 and 29 hereof;

a) Carry out overall management of compensation, support and relocation in the administrative division; take responsibility to the province’s People’s Committee for the progress and performance of site clearance in the administrative division;

b) Approve issues within competence;

10. The Office of Natural Resources and Environment of the district:

a) Act as an advisor for the district’s People’s Committee in the preparation of plans for land expropriation, investigation, survey, measurement, counting with respect to projects within the competence of the district’s People’s Committee, and making submission for approval;

b) Preside over the examination and verification of plans for compensation, support and relocation; plans for supports in training, occupational change and job seeking;

c) Make submission to the district’s People’s Committee for decision on land expropriation, enforcement of counting, enforcement of land expropriation;

d) Correct and edit land use right certificate, certificates of ownership of housing and construction works after expropriation;

11. Responsibilities of the commune’s People’s Committee: Execute Points b, dd, Clause 1; Point a, Clause 2; Points b, d, Clause 3, Article 69; Point a, Clause 2, Article 70; Clause 2, Point d, Clause 5, Article 71 of the Law on Land; Clause 5, Article 17; Clause 4, Article 21 of the Decree No. 43/2014/NĐ-CP; Clause 3, Article 12 of the Decree No. 47/2014/NĐ-CP;

a) Actively cooperate with organizations charged with site clearance and relevant unions in campaigning and calling for people with their land being expropriated to comply with the State’s policies on land expropriation;

b) Determine start time of land use and land use purpose as instructed in Clause 4, Article 21 of the Decree No. 43/2014/NĐ-CP;

c) Make confirmations of the households and individuals directly involved in agricultural production, population living in dependence on income from agricultural production and land disputes as prescribed; determine percentage of expropriated agricultural land of individual projects; time of construction, operation and legitimacy of the works;

d) Cooperate with relevant agencies, departments in complying with sequence, procedures for compensation, support and relocation as prescribed hereof;

dd) Preserve properties in case persons coerced refuse to accept properties;

12. Responsibilities of land fund development organizations: Execute Article 68; Point d, Clause 1; Point a, Clause 2; Points b, c, d, Clauses 3 and 4, Article 69; Point a, Clause 2, Articles 70 and 93 of the Law on Land;

Directly involved in overall implementation of compensation, support, and relocation and other works assigned by competent authorities;

13. Responsibilities of the investor: Ensure adequate budget for compensation, support, and relocation in case of volunteer advance to pay./.


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              Decision No. 1766/2014/QD-UBND compensation support relocation upon land expropriation Quang Ninh
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