Chapter 3.
IMPLEMENTATION
Article 33. Responsibilities of central-affiliated agencies, organizations and the province-level People’s committee for the implementation of compensation, support, and resettlement
1. Ministries, ministerial-level agencies Governmental agencies, economic groups, corporations, central-affiliated public service providers that initiate investment projects shall be responsible for directing and investigating the implementation of compensation, support, and resettlement; collaborating with the province-level People’s committee and the organization charged with the implementation of compensation and site clearance during the implementation; ensuring expenditures for compensation, support, and resettlement according to the provisions hereof.
2. The province-level People’s committee shall be responsible for directing expropriation, compensation, support, and resettlement according to the provisions hereof and reporting results of the implementation of expropriation, compensation, support, and resettlement to the Ministry of Natural Resources and Environment before December 01 annually.
3. The Ministry of Natural Resources and Environment shall be responsible for directing and investigating the implementation of compensation, support, and resettlement according to the provisions hereof and handling difficulties arising at the request of the province-level People’s committee.
Article 34. Handling of problems arising from the promulgation of the Decree
1. For project land that is subject to expropriation by the State and the investor therein is permitted by the province-level People’s committee to receive transfer of the land within the project scope before July 01, 2014, the amount paid by the investor for the transfer of land use right shall be subtracted from land levies and land rent according to the law before July 01, 2014.
2. For project land before July 01, 2014 that is subject to expropriation due to misled and inefficient land use; land is left unemployed for twelve months straight or progress of land use is 24 months later than the progress stated in the investment project and expropriated by the People’s committee of competent authorities where expropriation takes place, the handling of land levies, land rent and properties invested thereon shall be done according to the provisions of the Law on Land before July 01, 2014; in case expropriation decision is not yet issued, the provisions set out in Point i, Clause 4, Article 64 of the Law on Land shall be applied.
3. In case expropriation decision is issued and the plan for compensation, support, and resettlement is approved according to the provisions of the Law on Land before July 01, 2014, implementation shall be based on the approved plan.
4. In case expropriation decision is issued and the plan for compensation, support, and resettlement is not yet approved before July 01, 2014, the followings shall be done:
a) For project the land for which is subject to expropriation as defined in Articles 61 and 62 of the Law on Land and the investor therein has met the conditions as defined in Clause 3, Article 58 of the Law on Land, the province-level People’s committee shall allow formulation, appraisal and approval of the plan for compensation, support, and resettlement according to the Law on Land in 2013;
b) For project that has not met the conditions as defined in Point a of this Clause, the People’s Committee of competent authorities shall decide to postpone expropriation decision and direct relevant organizations and individuals to stop the implementation of the project;
c) For project the land for which is given green light by competent authorities for expropriation according to progress, the State shall continue expropriation for the remaining area of land and carry out formulation, appraisal and approval of the plan for compensation, support, and resettlement under the Law on Land in 2013.
5. In case land used before July 01, 2014 and originally leased out by the State with land rent paid once for the entire lease is expropriated, the users thereof shall not be compensated for the land but be compensated for the expenses invested on such land according to the provisions set out in the Decree No.197/2004/ND-CP dated December 03, 20014 of the Government on compensation, support and resettlement upon land expropriation by the State.
Article 35. Effect
1. This Decree takes effect since July 01, 2014.
2. This Decree shall replace the Decree No. 197/2004/ND-CP dated December 03, 2004 of the Government on compensation, support and resettlement upon land expropriation by the State.
Article 36. Responsibilities for implementation
Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, President of the People’s Committee of all levels, relevant organizations, individuals shall be responsible for executing this Decree.
Tìm kiếm
Nghị định 47/2014/NĐ-CP (Bản Word)
Nghị định 47/2014/NĐ-CP (Bản Pdf)