Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree elaborates and guides the implementation of Clause 3, Article 87, Article 92, Article 94, Article 95, Article 96, Article 98, Article 99, Article 100, Article 102, Article 106, Article 107, Article 108, Article 109 and Article 111 of the Land Law regarding compensation, support and resettlement upon land expropriation by state.
Compensation, support and resettlement related to investment projects that renovate and rebuild apartment buildings shall comply with the provisions of the law on housing.
Article 2. Regulated entities
1. State agencies that exercise powers and responsibilities on behalf of the entire people as the owner of land, and are responsible for the unified management of state land; as well as officials working in land administration at the commune level; and entities or agencies responsible for compensation, support, and resettlement (hereinafter referred to as compensation agencies).
2. Expropriated land users and owners of property on expropriated land.
3. Other entities related to compensation, support and resettlement upon land expropriation by state.
Article 3. Preparation, appraisal and approval of compensation, support, and settlement plans
1. Contents of a compensation, support, and settlement plan (hereinafter referred to as compensation plan):
a) Total area of expropriated land (summary of detailed plans in Clause 2 of this Article), area of each type of expropriated land;
b) Total number of expropriated land users;
c) Plan for training, job conversion and job search (if any);
d) Resettlement arrangement plan: number of households and individuals to be resettled, resettlement areas, locations of resettlement areas, resettlement forms (compensation either by land or by housing) (if any);
dd) Plan for relocation of graves within the expropriated land area (if any);
e) Plan for relocation of infrastructure works within the expropriated land area (if any);
g) Compensation, support and resettlement costs including: amounts for compensation, support and resettlement upon land expropriation by state; costs to ensure the organization of compensation, support and resettlement and other costs;
h) Progress of implementation of compensation plans;
i) Detailed plan on compensation, support and resettlement for each expropriated land user, property owner;
k) Other contents related to compensation, support, resettlement (if any).
2. Detailed compensation plan for each expropriated land user, property owner specified in Point i, Clause 1 of this Article, including the following contents:
a) Full name, personal identification number, address (permanent residence and current residence), phone number of the expropriated land user, property owner (if any);
b) Location, area, type of land, origin of expropriated land;
c) Type of property, quantity, volume of property; remaining quality of damaged houses and construction works;
d) Land and property prices for compensation;
dd) Support funds: support for stabilizing life (number of supported people, support levels, support period); support for stabilizing production and business; support for moving livestock; support for training, career conversion and job search (supported land area, supported land prices); support for resettlement; support for dismantling, demolition, relocation; other support funds (if any);
e) Total compensation and support amounts (hereinafter referred to as compensation amounts): compensation for land, compensation for property, compensation for property relocation costs, compensation for investment costs in remaining land, support amounts;
g) Location, area, land use fees when allocating resettlement land, selling price of resettlement housing for resettled people or allocating other land to households and individuals (if any);
h) Location, land area when allocating land, leasing land with the same purpose of use as the type of the expropriated land for organizations; leasing land with the same purpose of use as the type of expropriated land for households and individuals (if any);
i) Location, area, land use fees upon compensation with land of a purpose different from that of the expropriated land (hereinafter referred to as land of a different purpose) or housing for households and individuals (if any);
k) Outstanding amount of land-related financial obligations (if any);
l) Total compensation amount to be received that will be equal to the total initial compensation amount minus any outstanding land levies, land rents (if any);
m) The amount of deferred land levy upon resettlement land allocation (if any).
3. Within 30 days of receiving a complete set of documents as required, the local land authority shall, in coordination with relevant agencies, review and evaluate the compensation plan. This plan shall then be submitted to the People's Committee at the same level for approval. The appraisal of compensation plan shall be carried out as follows:
a) Compensation agency shall send an appraisal application, as prescribed in Point b of this Clause, to the relevant appraisal agency;
b) The appraisal application includes: an appraisal application form; draft compensation plan; notice of land expropriation; detailed report on the inventory, statistics, and classification of expropriated land area and related assets; extract of cadastral map or cadastral measurement of expropriated land plot; document determining the origin of expropriated land plot and property on land; minutes of the meeting to collect opinions on the compensation plan (if any);
c) Matters to be appraised: the compliance with legal provisions on compensation, support and resettlement; procedures for compensation, support, resettlement and other matters related to the compensation plan.
4. The competent authority or person responsible for formulating, appraising, and approving the compensation plan shall be accountable for the performance of their duties in accordance with the law and shall not be held liable for the content of any documents or papers in the application that have been previously approved, decided, or resolved by another competent authority or person. The form of the decision approving the compensation plan is attached as an Appendix to this Decree.
Article 4. Compensation with land of a different purpose or housing upon land expropriation by state as prescribed in Clause 1, Article 96, Clause 1, Article 98, Clause 1, Article 99 of the Land Law
1. The land price for calculating land levies when compensation with land of a different purpose or housing for households, individuals, and overseas Vietnamese who have been continuously using residential land or owning housing attached to land use rights in Vietnam is the land price determined according to the land price schedule at the time of approval of the compensation plan. If the land is compensated through a lease arrangement, and the rent is paid in a single lump sum for the entire lease period, the land value used to determine the rent is the specific price set by the competent People’s Committee at the time the compensation plan is approved.
For land expropriated from business entities for purposes other than residential use, the specific land value used for calculating land levies or rents shall be determined by the competent People's Committee at the time the compensation plan is approved.
2. If there is a difference in value between the compensation amount and the payable land levy, land rent or house purchase amount when the expropriated land user is compensated with land of a different purpose or housing, the difference shall be addressed as follows:
a) If the compensation amount is greater than the payable land levy, land rent or house purchase amount, the expropriated land user is entitled to difference;
b) If the compensation amount is less than the payable land levy, land rent or house purchase amount, the expropriated land user must pay the difference.
3. The Province-level People's Committee shall, based on the land fund, housing fund and actual situation in the province, prescribe the conversion rate and requirements for compensation with land of a different purpose or housing to compensate the expropriated land user as prescribed in this Article.
Article 5. Other entities eligible for land compensation and eligibility requirements for land compensation stipulated in Clause 3, Article 95 of the Land Law
1. Households and individuals are still entitled to land compensation although they have no land use rights documents provided that they are eligible for a Certificate of land use rights and ownership of property on land (hereinafter referred to as a Certificate of land use rights) as stipulated in Clauses 1, 2, 3, 4, 5 and 6 of Article 138 of the Land Law.
2. Households and individuals are still entitled to land compensation although they have violated land laws before July 1, 2014, provided that they have continued to use the land without any issues since then (hereinafter referred to as use the land stably), and fall into cases eligible for a Certificate of land use rights as stipulated in Clause 1, Point a and Point c, Clause 2, Clause 3, Clause 4, Article 139 of the Land Law.
3. Households or individuals are still entitled to land compensation although the land was allocated without proper authorization under land law at the time of allocation, or the land was acquired through the purchase, liquidation, Government valuation, or distribution of housing and construction works on land not in accordance with the law before July 1, 2014, provided that they have been stably using the land since then.
Those who received land allocations without proper authorization between July 1, 2014 and the effective of the Land Law are still entitled to land compensation if they can provide proof of payment for the land use.
4. Households or individuals whose land use right certificates indicate a land classification that differs from the classification stipulated in Article 9 of the Land Law or the actual land use, shall be compensated based on the reclassified land type as prescribed in Clause 2 of Article 10 of the Land Law.
5. Households or individuals are still entitled to land compensation although they were not issued with a Certificate of land use rights provided that they directly engaged in agricultural production and have been stably using the agricultural land before July 1, 2004.
Article 6. Compensation upon land expropriation by state in cases where the actual measured area is different from the area recorded on the land use right documents
For households or individuals whose land is being expropriated by the state, if the actual measured area differs from the area stated on the land use right certificate, the housing and land use right certificate, the land use right certificate, the house ownership and other property on land certificate, or the land use right certificate and other property on land certificate (hereinafter referred to as "certificate") or the document stipulated in Article 137 of the Land Law, land compensation shall be made as follows:
1. If the actual measured area is smaller than the area stated on the land use right certificate or the document stipulated in Article 137 of the Land Law, land compensation shall be based on the actual measured area as prescribed in Clause 6 of Article 135 of the Land Law.
In cases where the actual measurement for land expropriation has been completed but subsequently, due to natural disasters, landslides or subsidence, the area of the measured plot of land has changed at the time of formulating the compensation plan, the measured data shall be used to formulate the compensation plan.
2. In cases where the actual measured area is larger than the area stated on the land use right certificate or the document stipulated in Article 137 of the Land Law, and there is no dispute with neighboring land users, the compensation area shall be determined based on the actual measured area as prescribed in Clause 6 of Article 135 of the Land Law.
3. If the location and coordinates specified in the land use right certificate or the document stipulated in Article 137 of the Land Law are incorrect, the compensation shall be determined based on the correct location and coordinates as established through actual measurement.
Article 7. Compensation, support and resettlement upon land expropriation by state in special cases
1. For investment projects as stipulated in Clause 1, Article 92 of the Land Law that require specific policies on compensation, support, and resettlement, the Province-level People's Committee shall consider and submit to the People's Council at the same level for a decision on specific policies on compensation, support, and resettlement suitable for each project and the actual conditions of the province, based on the investment project that has been decided and approved in terms of investment policy by the National Assembly or the Prime Minister.
2. When the State expropriates land from a people's armed force that is using land as prescribed in Clause b, Paragraph 3, Article 92 of the Land Law, it shall be provided with a new location or the land use shall be converted in accordance with the national defense land use planning, security land use planning, or as prescribed in Clause 2, Article 84 of the Land Law.
If a people's armed force incurs damage of property assigned to them by the State for management and use and has to relocate to a new facility, it shall be compensated for the damage and may use the compensation to invest in the new facility in accordance with the project or task approved by a competent authority.
3. In cases where land is expropriated due to a risk of threat to human life or the land is no longer usable as prescribed in Clause 3, Article 82 of the Land Law, households and individuals shall be compensated according to Articles 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 of this Decree.
4. The budget for compensation and support in the cases stipulated in Clause 3 of this Article shall be implemented as follows:
a) The state budget shall be used to compensate for cases of land expropriation in areas at risk of landslides, subsidence, or other natural disasters that threaten human life; or other land that has been eroded, subsided, or affected by other natural disasters that can no longer be used as prescribed in Point b, Clause 3, Article 82 of the Land Law;
b) If an organization or individual causes environmental pollution to such an extent that the land is severely contaminated, posing a threat to human life and becoming unusable for its intended purpose, then that organization or individual shall be liable for compensation. In the event that the organization has been dissolved or bankrupt, the state budget shall pay the compensation.
Tìm kiếm
Nghị định 88/2024/NĐ-CP (Bản Word)
Nghị định 88/2024/NĐ-CP (Bản Pdf)
