Chương 6 Luật đất đai 2013: Thu hồi đất, trưng dụng đất, bồi thường, hỗ trợ, tái định cư

Chapter VI

LAND EXPROPRIATION, LAND REQUISITION, COMPENSATION, SUPPORT AND RESETTLEMENT

Section 1. LAND EXPROPRIATION AND LAND REQUISITION

Article 61. Land expropriation for national defense or security purpose

The State may recover land for national defense or security purpose in the following cases:

1. Land for military barracks or offices;

2. Land for construction of military bases;

3. Land for construction of national defense works, battle fields and special works of national defense or security;

4. Land for military railway stations and ports;

5. Land for industrial, scientific and technological, cultural or sports facilities that directly serve national defense or security purpose;

6. Land for warehouses for the people’s armed forces;

7. Land for shooting grounds, training grounds, and weapon testing and destroying sites;

8. Land for training institutions and centers, hospitals and sanatoriums of the people’s armed forces;

9. Land for construction of public-duty houses of the people’s armed forces;

10. Land for detention and re-education institutions managed by the Ministry of National Defense or the Ministry of Public Security.

Article 62. Land expropriation for socio-economic development in the national or public interest

The State may recover land for socio-economic development in the national or public interest in the following cases:

1. Implementation of projects of national importance which are approved in principle by the National Assembly for which land must be expropriated.

2. Implementation of projects which are approved or decided by the Prime Minister, including:

a/ Projects on construction of industrial parks, export processing zones, hi-tech zones, economic zones, new urban centers; investment projects funded with official development assistance (ODA) capital;

b/ Projects on construction of offices of state agencies, central political and socio-political organizations, offices of foreign organizations with diplomatic functions; ranked historical-cultural relics and scenic spots, parks, squares, statutes, monuments and national public non-business facilities;

c/ Projects for construction of national technical infrastructure including transport, irrigation, water supply and drainage, electricity and communication facilities; oil and gasoline pipelines and depots; national reserve warehouses; facilities for waste collection and treatment.

3. Implementation of projects which are approved by provincial-level People’s Councils for which land must be expropriated, including:

a/ Projects on construction of offices of state agencies, political and socio-political organizations; ranked historical-cultural relics and scenic spots, parks, squares, statutes, monuments, and local public non-business facilities;

b/ Projects on construction of local technical infrastructure including transport, irrigation, water supply and drainage, electricity, communication and urban lighting works; facilities for waste collection and treatment;

c/ Projects on construction of common activities of the communities; projects on resettlement, dormitories for students, social houses, and public-duty houses; construction of religious institutions, public culture, sports and entertainment and recreation centers; markets; graveyards, cemeteries, funeral service centers and cremation centers;

d/ Projects on construction of new urban centers and rural residential areas; on improvement of urban areas and rural residential areas; industrial clusters; concentrated zones for production and processing of agricultural, forestry, aquaculture and seafood products; and projects on development of protection forests or special-use forests;

dd/ Mining projects that are licensed by competent agencies, except mining of minerals for use as common construction materials, peat, and minerals in scattered and small mining areas, and salvage mining.

Article 63. Bases for land expropriation for national defense or security purpose; for socio-economic development in the national or public interest

Land expropriation for national defense or security purpose; for socio-economic development in the national or public interest must be based on the following:

1. The projects require land expropriation as prescribed in Articles 61 and 62 of this Law.

2. The annual district-level land use plans which are approved by competent state agencies.

3. The land use schedule of the projects.

Article 64. Land expropriation due to violations of land law

1. Cases of land expropriation due to violations of the land law include:

a/ Land is not used for the purposes for which land has been allocated, leased, or land use rights have been recognized by the State and the land users, after having been sanctioned administratively for using land for improper purposes, still continue committing the violation;

b/ Land users intentionally damage land;

c/ Land was allocated or leased to wrong subjects or ultra vires;

d/ Land that is ineligible for transfer or donation as prescribed in this Law is transfeưed or donated;

e/ Land that is allocated by the State for management is encroached or occupied;

f/ Land that is ineligible for transfer of land use rights as prescribed by this Law is encroached or occupied due to the irresponsibility of land users;

g/ Land users who fail to fulfill obligations to the State and have been administratively sanctioned for such violation but do not comply;

h/ Land for annual crops that is not used for 12 consecutive months; land for perennial plants that is not used for 18 consecutive months; land for afforestation that is not used for 24 consecutive months;

i/ Land that is allocated or leased for implementing investment projects is not used within 12 consecutive months, or the land use schedule is 24 months late compared with the schedule stated in the project documents since the hand-over in the field. In case of not putting the land into use, the land use term may be extended 24 months and the investors shall pay a sum of money equivalent to the total land use levy or land rental for the delayed period. If the investors still fail to put the land into use when the extended time is over, the State shall recover the land without compensation for land and land-attached assets, except due to force majeure.

2. Land expropriation due to violations of the land law must be based on documents and decisions issued by state agencies which are competent to determine violations of the land law.

3. The Government shall detail this Article.

Article 65. Land expropriation due to termination of land use in accordance with law, voluntary return of land or risks of threatening human life

1. Cases of land expropriation due to termination of land use in accordance with law, voluntary return of land or risks threatening human life include:

a/ Organizations to which land is allocated by the State without land use levy, or organizations to which land is allocated with land use levy and the land use levy is originated from the state budget, are dissolved, go bankrupt, move to another place, or have lower or no land use demand; land users which lease land with annual rental payment are dissolved, go bankrupt, move to another place, or have lower or no land use demand;

b/ Individual land users die without any heir;

c/ Land users return the land voluntarily;

d/ Land is allocated or leased by the State for definite periods and such periods expired without extension allowed;

e/ Land is located in environmentally polluted areas which bears the risks of threatening human life;

f/ Land having risks of being eroded or sunk or otherwise affected by other natural disasters threatening human life.

2. Land expropriation prescribed in Clause 1 of this Article must be based on the following:

a/ For the case of land expropriation prescribed at Point a, Clause 1 of this Article, the document of a competent agency which has taken legal effect;

b/ For the case of land expropriation prescribed at Point b, Clause 1 of this Article, the death certificate or the decision declaring that the individual concerned is dead in accordance with law and the document issued by the commune-level People’s Committee of the locality where the individual concerned resides, confirming that he/she has no heir;

c/ For the case of land expropriation prescribed at Point c, Clause 1 of this Article, the document of the land user on the return of land;

d/ For the case of land expropriation prescribed at Point d, Clause 1 of this Article, the decision on land allocation or land lease;

e/ For the case of land expropriation prescribed at Point e and Point f, Clause 1 of this Article, the decision issued by a competent state agency determining the extent to which land is environmentally polluted, eroded, sunk, or otherwise affected by another natural disaster which threatens human life.

3. The Government shall detail this Article.

Article 66. Competence to recover land

1. Provincial-level People’s Committee may decide on land expropriation in the following cases:

a/ Recovery of land from organizations, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises, excluding the case prescribed at Point b, Clause 2 of this Article;

b/ Recovery of agricultural land which is part of the public land funds of communes, wards or townships.

2. District-level People’s Committees may decide on land expropriation in the following cases:

a/ Recovery of land from households, individuals and communities;

b/ Recovery of land from overseas Vietnamese who are allowed to own houses in Vietnam.

3. In case both subjects prescribed in Clauses 1 and 2 of this Article exist in one expropriated area, the provincial-level People’s Committee shall decide on the land expropriation or authorize district-level People’s Committees to decide on the land expropriation.

Article 67. Notification of land expropriation and compliance with decisions on land expropriation for national defense or security purpose; or for socio-economic development in the national or public interest

1. Before issuing a decision on land expropriation, at least 90 days prior to the recovery of agricultural land or 180 days prior to the recovery of non-agricultural land, competent state agencies shall notify the land users of the land expropriation. The contents to be notified include land expropriation, investigation, survey, measurement and inventory plans.

2. In case land users whose land is expropriated agree on the land expropriation plan prior to the time limit prescribed in Clause 1 of this Article, the competent People’s Committee may decide on land expropriation without having to wait until the time limit for the land expropriation notification expires.

3. Land users whose land is expropriated shall coordinate with agencies and organizations performing compensation and ground clearance in the process of investigation, survey, measurement, inventory, and making of plans for compensation, support and resettlement.

4. After the land expropriation decisions take effect and plans for compensation, support and resettlement approved by competent state agencies are publicized, land users whose land is expropriated shall comply with the land expropriation decisions.

Article 68. Organizations in charge of compensation and ground clearance; management of expropriated land

1. Organizations in charge of compensation and ground clearance include public land service organizations and compensation, support and resettlement councils.

2. The expropriated land shall be allocated for management and use according to the following provisions:

a/ Land expropriated under Articles 61 and 62 of this Law shall be allocated to investors for implementation of investment projects or to public land service organizations for management;

b/ Land expropriated under Clause 1, Article 64, and Points a, b, c or d, Clause 1, Article 65 of this Law shall be allocated to public land service organizations for management and auction of land use rights.

In case the land expropriated under Clause 1, Article 64, and Point a, b, c or d, Clause 1, Article 65 of this Law, is agricultural land of households and individuals in rural areas that land shall be allocated to commune-level People’s Committees for management. This land fund shall be allocated or leased in accordance with law to households and individuals that have no land or lack production land.

3. The Government shall detail this Article.

Article 69. Order and procedures for land expropriation for national defense or security purpose; for socio-economic development in the national or public interest

1. The making and implementation of plans for land expropriation, investigation, survey, measurement and inventory are prescribed as follows:

a/ The People’s Committee having competence to recover land shall issue a notice of land expropriation.

The notice of land expropriation must be sent to every land user whose land is expropriated, publicized in the meetings with people in the expropriated area and through the mass media, posted up at offices of the commune-level People’s Committee and at common public places of the residential areas of which land is expropriated;

b/ The commune-level People’s Committee shall coordinate with the organization in charge of compensation and ground clearance to implement plans for land expropriation, investigation, survey, measurement and inventory;

c/ Land users shall coordinate with the organization in charge of compensation and ground clearance in conducting investigation, survey and measurement of land area, inventory of houses and other land-attached assets to develop plans for compensation, support and resettlement;

d/ In case the land users in the expropriated area do not cooperate with the organization in charge of compensation and ground clearance for investigation, survey, measurement and inventory, the commune-level People’s Committee and Vietnam Fatherland Front in the locality and the organization in charge of compensation and ground clearance shall mobilize and persuade the land users to cooperate.

If the land users still do not cooperate with the organization in charge of compensation and ground clearance within 10 days after the mobilization and persuasion, the chairperson of the district-level People’s Committee shall issue a decision on compulsory inventory. Land users whose land is to be expropriated shall comply with that decision. In case the land users do not comply with the decision, the chairperson of the district-level People’s Committee shall issue a decision on enforcement of the decision on compulsory inventory and organize the enforcement in accordance with Article 70 of this Law.

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

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

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

The organization in charge of compensation and ground clearance shall make a written summarization of opinions which clearly specifies the numbers of opinions for, against and other opinions regarding the plans for compensation, support and resettlement; coordinate with the commune-level People’s Committee in the locality in organizing dialogues with those who have objections on the plans for compensation, support and resettlement; and improve the plans for compensation, support and resettlement for submission to competent agencies.

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

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

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

b/ The organization in charge of compensation and ground clearance shall coordinate with the commune-level People’s Committee to publicize and post up the decision on approval of the plans for compensation, support and resettlement at the commune-level People’s Committee offices and at common public places of the residential areas of which land is expropriated. The organization shall send the decision on compensation, support and resettlement to each person whose land is expropriated and that decision will clearly show the level of compensation and support, arrangement of the resettlement land or house (if any), time and place of payment for compensation or support, time to arrange resettlement land or house (if any) and time to hand over the expropriated land to the organization in charge of compensation and ground clearance;

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

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

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

4. The organization in charge of compensation and ground clearance shall manage land which is already cleared.

Article 70. Enforcement of decisions on compulsory inventory

1. Principles of enforcement of a decision on compulsory inventory:

a/ The enforcement is conducted in a public, democratic, objective, orderly, safe and lawful manner;

b/ The times of starting the enforcement fall in working hours.

2. The enforcement of a decision on compulsory inventory may be conducted when all the following requirements are met:

a/ Land users whose land is to be expropriated do not comply with the decision on compulsory inventory after the mobilization and persuasion by the commune-level People’s Committee, Vietnam Fatherland Front and the organization in charge of compensation and ground clearance;

b/ The decision on enforcement of the compulsory inventory decision is posted up publicly at the office of the commune-level People’s Committee and at common public places of the residential area of which land is expropriated;

c/ The decision on enforcement of the compulsory inventory decision has taken effect;

d/ The person who is to be coerced has received the effective decision on enforcement.

In case the person who is to be coerced refuses to receive the decision on enforcement or is absent when the decision on enforcement is delivered, the commune-level People’s Committee shall make a written record of delivery.

3. The district-level People’s Committee chairperson who issues the decision on enforcement shall execute the decision on compulsory inventory and organize the execution of the decision on enforcement.

4. The order and procedures for executing the decision on enforcement of compulsory inventory are prescribed as follows:

a/ The organization assigned to conduct the enforcement shall mobilize, persuade and organize dialogues with, the coerced people;

b/ In case the coerced person complies with the decision on enforcement, the organization assigned to conduct enforcement shall make a written record to acknowledge the compliance, and conduct investigation, survey, measurement or inventory.

In case the coerced person fails to comply with the decision on enforcement, the organization assigned to conduct the enforcement shall execute the decision on enforcement.

Article 71. Enforcement of land expropriation decisions

1. The principles of enforcement of a land expropriation decision comply with Clause 1, Article 70 of this Law.

2. The enforcement of a land expropriation decision is conducted when all the following requirements are met:

a/ The person whose land is to be expropriated fails to comply with the land expropriation decision after the mobilization and persuasion by the commune-level People’s Committee and Vietnam Fatherland Front in the locality and the organization in charge of compensation and ground clearance;

b/ The decision on enforcement of the land expropriation decision is posted up at the office of the commune-level People’s Committee and at common public places of the residential area of which land is expropriated;

c/ The decision on enforcement of the land expropriation decision has taken effect;

d/ The person who is to be coerced has received the effective decision on enforcement.

In case the person who is to be coerced refuses to receive the decision on enforcement or is absent when the decision on enforcement is delivered, the commune-level People’s Committee shall make a written record of delivery.

3. The chairperson of the district-level People’s Committee issues the decision on enforcement of the land expropriation decision, and organizes the execution of the decision.

4. The order and procedures for enforcement of land expropriation:

a/ Before executing the enforcement, the chairperson of the district-level People’s Committee shall decide to establish an enforcement board;

b/ The enforcement board shall mobilize, persuade, and conduct dialogues with, the coerced persons. If the coerced persons comply, the enforcement board shall prepare a written record to acknowledge the compliance. The land must be handed over within 30 days from the date of making the minutes.

In case the coerced person fails to comply with the decision on enforcement, the enforcement board shall execute the enforcement;

c/ The enforcement board has the power to ask coerced persons and related people to leave the coerced areas and to move their properties out of the land areas by themselves. If these people fail to comply, the enforcement board shall move the coerced persons, related people and their properties out of the areas.

In case the coerced person refuses to receive their properties, the enforcement board shall make a written record, preserve the properties in accordance with law, and notify the properties’ owners to get the properties back.

5. Responsibilities of organizations and individuals in executing decisions on enforcement of land expropriation:

a/ The district-level People’s Committee shall implement the enforcement, settle complaints related to the enforcement in accordance with the law on complaints; implement the resettlement plans before executing the enforcement; ensure necessary conditions and means to serve the enforcement; and allocate funds for enforcement activities;

b/ The enforcement board shall assume the prime responsibility for making the enforcement plans and cost estimation for enforcement activities and submitting them to the competent People’s Committee for approval, conduct the enforcement in accordance with the approved plans and hand over the land to the organization in charge of compensation and ground clearance.

In case there remain properties on the coerced land, the enforcement board shall preserve the properties. The preservation cost shall be born by the properties’ owners;

c/ The police shall maintain social order and safety in the process of organizing the execution of the decision on enforcement of land expropriation;

d/ The commune-level People’s Committee of the locality concerned shall coordinate with related agencies in delivering and posting up the decision on enforcement of land expropriation, participate in the enforcement process and coordinate with the organization in charge of compensation and ground clearance in sealing and moving the properties of coerced people;

e/ Other related agencies, organizations and individuals shall coordinate with the enforcement board in executing the enforcement of land expropriation at the request of the enforcement board.

6. The Government shall detail this Article.

Article 72. Land requisition

1. The State may requisition land in case of extreme necessity to perform the tasks of national defense or security, or in a state of war or emergency, or of prevention and combat of natural disasters.

2. The decision on land requisition must be made in writing. In case of emergency when the decision can not be made in writing, the person who has competence to requisition land may make the decision verbally but shall write a confirmation document on the land requisition decision right at the time of land requisition. The decision on land requisition takes effect from the time of its issuance.

Within 48 hours from the time of making the land requisition decision verbally, the agency of the person making that decision shall confirm in writing and send the confirmation document to the person whose land is requisitioned.

3. The Minister of National Defense, the Minister of Public Security, the Minister of Transport, the Minister of Agriculture and Rural Development, the Minister of Health, the Minister of Industry and Trade, the Minister of Natural Resources and Environment, chairpersons of provincial-level People’s Committees and chairpersons of district-level People’s Committees have the competence to decide on land requisition and to extend the duration of land requisition. The persons who have the competence to requisition land may not delegate this competence to another person.

4. The duration of land requisition must not exceed 30 days from the time the decision on land requisition takes effect. In a state of war or emergency, the duration of land requisition is counted from the date of issuance of the decision on land requisition, but must not exceed 30 days from the date the state of war or emergency is repealed.

In case the duration of land requisition expires but the objectives of the requisition have not been achieved, the land requisition duration may be extended for no more than 30 days. The decision to extend the land requisition must be made in writing and sent to the people whose land is requisitioned before the land acquisition duration expires.

5. The person whose land is requisitioned shall comply with the decision on land requisition. If the land requisition decision is made in accordance with law and the people whose land is requisitioned fail to comply with that decision, the person who decides to requisition the land shall issue a decision on enforcement and organize the enforcement, or assign the chairperson of the provincial-level People’s Committee and the district-level People’s Committee of the locality to organize the enforcement.

6. The person who has the competence to decide on land requisition shall allocate the requisitioned land to organizations and individuals for efficient and proper management and use; return the land when the requisition duration expires; and make compensation for the damage caused by the land requisition.

7. The compensation for damage caused by land requisition is prescribed as follows:

a/ The person whose land is requisitioned is entitled to compensation in case the requisitioned land is destroyed or his/her income is lost as a direct consequence of the land requisition;

b/ If the requisitioned land is destroyed, the compensation must be made in money, based on the price of land use rights transferred in the market at the payment time;

c/ If the person whose land is requisitioned loses income as a direct consequence of the land requisition, the compensation must be determined based on the actual loss of income from the hand-over date to the returning date of the requisitioned land which is indicated in the decision on return of the requisitioned land.

The amount of actual loss of income must be consistent with the income incurred from the requisitioned land in normal conditions prior to the requisition.

d/ The chairperson of the provincial- or district-level People’s Committee of the locality shall form a council to determine the level of compensation for damage caused by the land requisition based on the written declarations of the land users and cadastral records. Based on the level of compensation determined by the council, the chairperson of the provincial- or district-level People’s Committee shall decide on the compensation;

e/ Compensation for damage caused by land requisition must be paid from the state budget in one-off payment and directly to the person whose land is requisitioned within 30 days from the returning date.

8. The Government shall detail this Article.

Article 73. Use of land through transfer and lease of land use rights and receipt of land use rights contributed as capital for production and business

1. If the land used for the projects or facilities for production and business purposes is not subject to recovery by the State as prescribed in Articles 61 and 62 of this Law and such land use is in accordance with the land use master plans and plans approved by competent state agencies, the investors may receive the transfer of, or lease, land use rights, or receive land use rights contributed as capital in accordance with law.

2. The State shall adopt policies to encourage the lease of land use rights or the receipt of land use rights contributed as capital of economic organizations, households and individuals to implement the projects or facilities for production and business.

3. The Government shall detail this Article.

Section 2. COMPENSATION FOR LAND, SUPPORT AND RESETTLEMENT

Article 74. Principles of compensation upon land expropriation by the State

1. Land users who meet the conditions prescribed in Article 75 of this Law upon land expropriation by the State shall be compensated.

2. The compensation must be made in the form of allocating new land with the same land use purpose with the expropriated land. If there is no land available for compensation, the land users shall receive compensation in money calculated according to the specific land price of the type of expropriated land which is decided by the provincial-level People’s Committee at the time of the recovery decision.

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

Article 75. Conditions for receiving compensation when the State expropriates land for national defense or security purpose; for socio-economic development in the national or public interest

1. Households and individuals using land which is not leased land with annual rental payment, having a certificate of land use rights, a certificate of ownership of houses and residential land use rights, or a certificate of land use rights and ownership of houses and other land-attached assets (below referred to as the certificate), or being eligible to be granted a certificate under this Law but not being granted that certificate yet, except the cases prescribed in Clause 2, Article 77 of this Law. Overseas Vietnamese who are eligible to own houses associated with land use rights in Vietnam and are granted a certificate of land use rights and ownership of houses and residential land use rights and other land-attached assets, or being eligible to be granted such certificate under this Law but not being granted that certificate yet.

2. Communities and religious institutions using land which is not allocated or leased land by the State and having a certificate, or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.

3. Overseas Vietnamese who are allocated land with land use levy by the State, or are leased land with full one-off rental payment for the entire lease period, or are transferred land use rights in industrial parks, industrial clusters, export processing zones, hi-tech zones or economic zones, having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.

4. Organizations that are allocated land with land use levy by the State, or are leased land with full one-off rental payment for the entire lease period, or receive inherited land use rights, or are transferred land use rights for which the land use levy has been paid or the amount paid for the transfer does not originate from the state budget, having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.

5. Foreign organizations with diplomatic functions that are leased land by the State with full one-off rental payment for the entire lease period and having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.

6. Economic organizations, overseas Vietnamese and foreign-invested enterprises that are allocated by the State land with land use levy to implement investment projects for construction of houses for sale or for a combination of sale and rent, or are leased land with full one-off rental payment for the entire lease period, having a certificate or being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law but not being granted that certificate yet.

Article 76. Compensation for remaining investment costs on land when the State expropriates land for national defense or security purpose; or for socio-economic development in the national or public interest

1. Cases that are not eligible for compensation for land but are eligible for compensation for the remaining investment costs on land when the State recovers the land include:

a/ Land which is allocated by the State without land use levy, except the cases in which agricultural land is allocated to households and individuals as prescribed in Clause 1, Article 54 of this Law;

b/ Land which is allocated with land use levy by the State to organizations but those organizations are exempted from land use levy;

c/ Land which is leased by the State with annual rental payment or leased land with full one- off rental payment for the entire lease period but the land rental is exempted, for cases in which households and individuals use land under the policies for people with meritorious services to the revolution;

d/ Agricultural land belonging to the public land fund of the communes, wards or townships;

e/ Contracted land for agriculture, forestry, aquaculture or salt production.

2. The Government shall detail this Article.

Article 77. Compensation for land and remaining investment costs on land when the State recovers agricultural land from households and individuals

1. Households and individuals using agricultural land when the State expropriates land are eligible to receive compensation for land and remaining investment costs on land in accordance with the following provisions:

a/ Agricultural land area to be compensated includes the area within the quotas as prescribed in Articles 129 and 130 of this Law and the area received in the form of inheritance;

b/ Agricultural land area exceeding the quota specified in Article 129 of this Law is ineligible for compensation for land but is eligible for the remaining investment costs on land;

c/ For agricultural land area exceeding the quota prior to the effective date of this Law, the compensation and support must comply with the Government’s regulations.

2. For agricultural land which was used before July 1,2004, of which land users are households and individuals directly engaged in agricultural production but have not been granted a certificate or not being eligible to be granted a certificate of land use rights and ownership of houses and other land-attached assets under this Law, the compensation must be made for the land area which is actually used and does not exceed the agricultural land allocation quota prescribed in Article 129 of this Law.

Article 78. Compensation for land and remaining investment costs on land when the State recovers agricultural land from economic organizations, self-financed public non-business organizations, communities or religious institutions

1. For economic organizations that are using allocated agricultural land with land use levy or leased land with full one-off rental payment for the entire lease period, or are transferred land use rights, if they are eligible for compensation as prescribed in Article 75 of this Law when the State recovers the land, they shall be compensated for land for the remaining land use term.

2. Economic organizations, self-financed public non-business organizations that are using allocated agricultural land with annual rental payment, shall, upon land expropriation by the State, not be compensated for land but for the remaining investment costs on land if the costs do not originate from the state budget.

If agricultural land is not land for special-use forest, protection forest or production forest which is natural forest and has been contracted by economic organizations to households and individuals in accordance with law, upon land expropriation by the State, die households and individuals acquiring the contracted land shall not be compensated for land but for the remaining investment costs on land.

3. Communities and religious institutions that are using agricultural land and eligible for compensation as prescribed in Article 75 of this Law, shall, upon land expropriation by the State, be compensated for land in accordance with the Government’s regulations.

Article 79. Compensation for land when the State recovers residential land

1. Households and individuals using residential land and overseas Vietnam owning houses associated with land use rights in Vietnam, who are eligible for compensation as prescribed in Article 75 of the Law upon land expropriation by the State, shall be compensated as follows:

a/ If they have no other residential land or houses in the communes, wards or townships in which the expropriated land is located, they shall be compensated with residential land or house. If they have no need for compensation with residential land or house, the State shall compensate them in money;

b/ If they have other residential land or houses in the communes, wards or townships in which the expropriated land is located, they shall be compensated in money. For localities with available land fund, the compensation in the form of land may be considered.

2. For households and individuals that are required to move upon the State’s recovery of land and land-attached houses, if they are ineligible for compensation with residential land and have no other living place, the State shall offer houses for them to buy or lease-purchase, or allocate them residential land with land use levy.

3. Economic organization, overseas Vietnamese and foreign-invested enterprises that are using land for housing projects and are eligible for compensation as prescribed in Article 75 of this Law, shall be compensated for land upon land expropriation by the State.

4. The Government shall detail this Article.

Article 80. Compensation for land and remaining investment costs on land when the State recovers non-agricultural land which is not residential land of households and individuals

1. For households and individuals using non-agricultural land which is not residential land, when the State expropriates land, if they are eligible for compensation as prescribed in Article 75 of this Law, they shall be compensated with land having the same land use purpose. In case such land is not available for compensation, they shall be compensated with money calculated based on the remaining land use term.

2. For households and individuals using non-agricultural land which is not residential land and is leased by the State with annual rental payment or with full one-off rental payment for the entire lease period but being exempted from land rental, when the State expropriates land, they shall not be compensated for land but for the remaining investment costs in land, except the cases in which households and individuals use land under the policies for people with meritorious services to the revolution.

3. The Government shall detail this Article.

Article 81. Compensation for land and remaining investment costs on land when the State recovers non-agricultural land which is not residential land from economic organizations, self-financed public non-business organization, communities, religious institutions, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises

1. For economic organizations and overseas Vietnamese using non-agricultural land which is not residential land or land of cemeteries or graveyards, when the State expropriates land, if they are eligible for compensation as prescribed in Article 75 of this Law, they shall be compensated with land having the same land use purpose. In case that land is not available for compensation, they shall be compensated with money calculated based on the remaining land use term.

2. Economic organizations using land allocated for construction of cemeteries or graveyards as prescribed in Clause 4, Article 55 of this Law, or joint ventures using non-agricultural land that is not residential land as a result of receipt of land use rights contributed as capital as prescribed in Article 184 of this Law, shall be compensated for land according to the Government’s regulations when the State recovers the land.

3. For economic organizations, self-financed public non-business organization, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises using non-agricultural land which is leased with full one-off rental payment for the entire lease period, if they are eligible for compensation as prescribed in Article 75 of this Law when the State expropriates land, they shall be compensated for land according to the remaining land use term.

4. Economic organizations, self-financed public non-business organization, overseas Vietnamese, foreign organizations with diplomatic functions, and foreign-invested enterprises using non-agricultural land which is leased by the State with annual rental payment shall be compensated for the remaining investment costs on land upon land expropriation by the State.

5. For communities and religious institutions using non-agricultural land, if they are eligible for compensation as prescribed in Article 75 of this Law when the State expropriates land, they shall be compensated for land in accordance with the Government’s regulations.

Article 82. Cases in which compensation for land is not made upon land expropriation by the State

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

1. The cases specified in Clause 1, Article 76 of this Law;

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

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

4. Cases that are not eligible for a certificate of land use rights and ownership of houses and other land-attached assets in accordance with this Law, except the cases prescribed in Clause 2, Article 77 of this Law.

5. Principles of support upon land expropriation by the State:

a/ Upon land expropriation by the State, in addition to receiving compensation in accordance with this Law, land users shall also be considered for receiving support from the State;

b/ The support must ensure impartiality, equality, publicity, timeliness and lawfulness.

6. The support upon land expropriation by the State includes:

a/ Support for stabilizing livelihood and production;

b/ Support for training, occupation change and job seeking for cases of recovery of agricultural land from households and individuals directly engaged in agricultural production, or of recovery of land which is a combination between residential land and land for trading and services of households and individuals that have to be relocated;

c/ Support for resettlement in case of recovery of land from households, individuals and overseas Vietnamese who have to be relocated;

d/ Other support.

7. The Government shall detail this Article.

Article 83. Assistance upon land expropriation by the State

1. Rules for provision of assistance upon land expropriation by the State:

a) In addition to compensation prescribed in this Law, land users will also receive assistance from the State upon land expropriation by the State;

b) Assistance provision shall be objective, fair, timely, transparent and conformable with law.

2. Assistance upon land expropriation by the State includes:

a) Assistance in stabilization of life and production;

b) Assistance in vocational training, occupation change and job seeking in case of expropriation of agricultural land of households and individuals directly engaged in agricultural production; expropriation of land serving both accommodation and service business of households and individuals who have to be relocated afterward;

c) Assistance in relocation in case of expropriation of homestead land of households, individuals, Vietnamese nationals residing overseas who have to be relocated afterward;

d) Other kinds of assistance.

3. The Government shall elaborate this Article.

Article 84. Support for vocational training, occupation change and job seeking for households and individuals upon land expropriation by the State

1. For households and individuals directly engaged in agricultural production, when the State recovers agricultural land and there is no agricultural land available for compensation, in addition to receiving compensation in money, they are entitled to support for vocational training, occupation change and job seeking.

In case the people who are entitled to support for vocational training, occupation change or job seeking are of working age and have need for vocational training, they may be admitted to vocational training centers, receive counseling on job seeking and preferential loans to develop production and business.

2. Households and individuals using residential land in combination with trading and services in which the main source of income derives from trading and services, and need to be relocated when the State expropriates land, are entitled to preferential loans to develop production and business. Those whose land is expropriated and who are of working age are entitled to support for vocational training, occupation change and job seeking.

3. Based on the annual district-level land use plans, provincial- and district-level People’s Committees shall make and implement plans for vocational training, occupation change and job seeking for those whose expropriated land is agricultural land or residential land in combination with trading and services. Plans for vocational training, occupation change and job seeking shall be developed and approved concurrently with plans for compensation, support and resettlement.

During the process of making plans for vocational training, occupation change and job seeking, provincial- and district-level People’s Committees shall organize consultations with, and give explanation and assimilate opinions from, people whose land is expropriated.

Article 85. Formulation and implementation of resettlement projects

1. Provincial- and district-level People’s Committees shall develop and implement the resettlement projects before conducting the land expropriation.

2. In the concentrated resettlement areas, infrastructure must be developed synchronously, ensuring construction standards and regulations and conformity with the conditions, customs and practices of each region and area.

3. Land expropriation can only be conducted after the construction of houses and infrastructure in the resettlement area is completed.

4. The Government shall detail this Article.

Article 86. Resettlement arrangement for those whose land is expropriated and who need to be relocated

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

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

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

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

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

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

The Government shall specify the minimum resettlement plot in conformity with specific conditions of each region, area and locality.

Article 87. Compensation, support and resettlement for special cases

1. For investment projects that are decided by the National Assembly or approved in principle by the Prime Minister and require relocation of all population in the community, affecting all the livelihood, socio-economic activities, and cultural traditions of the community, and for projects of which the expropriated land is located in several provinces and centrally run cities, the Prime Minister shall decide on the policy framework for compensation, support and resettlement.

2. For projects using loans from international or foreign organizations for which Vietnam has committed to a policy framework for compensation, support and resettlement, that framework policy shall apply.

3. For the cases prescribed at Points e and f, Clause 1, Article 65 of this Law, people whose land is expropriated are entitled to compensation, support and resettlement to stabilize their livelihood and production in accordance with the Government’s regulations.

Section 3. COMPENSATION FOR DAMAGE TO ASSETS, PRODUCTION AND BUSINESS

Article 88. Principles of compensation for damage to assets and damage incurred due to stopped production and business upon land expropriation by the State

1. If land-attached assets are damaged upon land expropriation by the State, lawful owners of those assets are entitled to compensation.

2. Upon the land expropriation by the State, if organizations, households, individuals, overseas Vietnamese or foreign-invested enterprises have to stop production and business which causes them damage, they are entitled to compensation for the damage.

Article 89. Compensation for damage to houses and construction facilities on land upon the land expropriation by the State

1. For houses and land-attached residential construction facilities of households, individuals or overseas Vietnamese which are wholly or partially dismantled upon land expropriation by the State while the remaining part does not meet technical standards as prescribed by law, their owners are entitled to compensation equivalent to the value of new houses and construction facilities with equivalent technical standards.

If the remaining part of the houses and construction facilities still meets the technical standards as prescribed by law, the compensation must be made based on the actual damage.

2. For houses and other land-attached construction facilities not falling into the case specified in Clause 1 of this Article, which are wholly or partially dismantled upon land expropriation by the State while the remaining part does not meet technical standards as prescribed by law, their owners are entitled to compensation for the damage in accordance with the Government’s regulations.

3. For land-attached technical infrastructure and social infrastructure cuưently in use and not falling into the cases specified in Clauses 1 and 2 of this Article, the compensation amount is equivalent to the value of new construction facilities with equivalent technical standards prescribed by specialized law.

Article 90. Compensation for plants and livestock

1. In case the land expropriation by the State causes damage to plants, the compensation shall be made according to the following provisions:

a/ For annual crops, the compensation must be equal to the output value of the harvest. The output value of the harvest is the highest yield of the harvests in the preceding 3 years of the local main crop and the average price at the time of land expropriation;

b/ For perennial crops, the compensation must be equal to the current value of the planting area calculated in local prices at the time of the land expropriation, excluding the value of land use rights;

c/ For plants which have not been harvested yet but can be brought to another location, the transportation cost and the actual damage due to the transportation and re-planting must be compensated;

d/ For planted forests funded by the state budget and for natural forests allocated to organizations, households and individuals for planting, management, growing or protection, the value of the actual damage must be compensated. The compensation amount must be divided to those who manage, grow and protect the forests in accordance with the law on forest protection and development.

2. In case land expropriation by the State causes damage to aquatic livestock, the compensation must be made according to the following provisions:

a/ For aquatic livestock which are due to be harvested at the time of land expropriation, no compensation must be made;

b/ For aquatic livestock which are not due to be harvested at the time of land expropriation, the actual damage due to the early harvest must be compensated. In case the aquatic livestock can be brought to another location, the transportation cost and the damage caused by the transportation must be compensated. The specific compensation amount must be determined by provincial-level People’s Committees.

Article 91. Compensation for transportation costs upon land expropriation by the State

1. Upon land expropriation by the State, people whose assets need to be moved shall be compensated for the cost of dismantlement, transportation and installation. In case of moving machinery or production lines, the damage caused during the process of dismantlement, transportation and installation must also be compensated.

2. Provincial-level People’s Committees shall prescribe the compensation amount mentioned in Clause 1 of this Article.

Article 92. Cases ineligible for compensation for land-attached assets upon land expropriation by the State

1. Land-attached assets falling into any of the cases of land expropriation specified at Points a, b, d, e, f and i, Clause 1, Article 64, and at Points b and d, Clause 1, Article 65 of this Law.

2. Land-attached assets which are illegally created or created after the notice of land expropriation by a competent state agency takes effect.

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

Article 93. Payment of compensation, support and resettlement money

1. Within 30 days after the decision on the land expropriation by a competent state agency takes effect, agencies and organizations in charge of compensation shall pay compensation and support to people whose land is expropriated.

2. If agencies and organizations in charge of compensation delay the payment, in addition to the compensation and support prescribed in approved plans for compensation, support and resettlement, people whose land is expropriated are entitled to an amount equivalent to the late- payment interest in accordance with the Law on Tax Administration calculated based on the unpaid amount and the delayed period.

3. In case people whose land is expropriated do not receive the compensation and support prescribed in approved plans for compensation, support and resettlement, this compensation and support must be deposited in the temporary custody account of the State Treasury.

4. For land users who are entitled to compensation upon land expropriation by the State but have not fulfilled land-related financial obligations as prescribed by law, the amount of these financial obligations must be deducted from the compensation amount and paid back to the state budget.

5. The Government shall detail this Article.

Article 94. Compensation for land within safety coưidors upon construction of facilities with safety corridors

When the State constructs public, national defense or security facilities with safety corridors without recovering the land located within the safety corridors, the land users are entitled to compensation for the damage caused by limited land use and for the damage to land-attached assets in accordance with the Government’s regulations.

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