Chương II Nghị định 88/2024/NĐ-CP: Quy định chi tiết về bồi thường, hỗ trợ, tái định cư khi nhà nước thu hồi đất

Chapter II

DETAILED REGULATIONS ON COMPENSATION, SUPPORT, AND RESETTLEMENT UPON LAND EXPROPRIATION BY STATE

Section 1. COMPENSATION FOR RESIDENTIAL LAND AND OTHER LAND IN LAND PLOTS WITH HOUSES, HOUSES AND SUPPORTING FACILITIES

Article 8. Land compensation for households and individuals using land with houses, land with houses and supporting facilities, households and individuals using residential land in disadvantaged areas, severely disadvantaged areas before July 1, 2014, without land use right documents

1. Households or individuals who have been continuously using land with houses, land with houses and supporting facilities since before December 18, 1980, without any land use right documents, if they meet the compensation conditions stipulated in Clause 1, Article 5 of this Decree, shall be compensated for land as follows:

a) In the case of the complete or partial expropriation of the land with houses, land with houses and supporting facilities, where the expropriated area of the land plot is equal to or larger than the residential land recognition limit as stipulated in Clause 5 of the Land Law, compensation shall be made at the level of the recognized residential land area.

If the area of the land with houses, the land with houses and supporting facilities is greater than the maximum recognized residential land area as stipulated in Clause 5, Article 141 of the Land Law, when the State expropriates the land, house, or supporting facility, compensation shall be made based on the actual constructed land area. However, the amount of land use fee that would have been paid when obtaining a land use right certificate for the exceeding land area at the time the compensation plan is approved shall be deducted.

b) In the case of the complete or partial expropriation of the land plot with houses, the land plot with the houses or supporting facilities, where the land plot area is smaller than the residential land recognition limit as stipulated in Clause 5 Article 141 of the Land Law, compensation shall be made for the entire expropriated land area;

c) In the case of the expropriation of land areas used for non-agricultural production, business, commerce, or service purposes, compensation shall be made based on the actual expropriated land area. The type of land for compensation shall be applied as the land granted by the State with land levies, with a long-term stable land use duration.

d) For the remaining land area of the plot that is not compensated for residential land and non-agricultural production land, commercial land, or service land as stipulated in points a and c of this clause, compensation shall be made according to the agricultural land type.

2. Households or individuals who have been continuously using land with houses, land with houses and supporting facilities from December 18, 1980, to before October 15, 1993, without any land use right documents, if they meet the compensation conditions stipulated in Clause 1, Article 5 of this Decree, shall be compensated for land as follows:

a) In the case of the complete or partial expropriation of the land with houses, land with houses or supporting facilities, where the expropriated area of the land plot is equal to or larger than the residential land recognition limit as stipulated in Clause 5 Article 141 of the Land Law, compensation shall be made at the level of the recognized residential land area.

If the area of the land with houses, the land with houses and supporting facilities is greater than the maximum recognized residential land area as stipulated in Clause 5, Article 141 of the Land Law, when the State expropriates the land, house, or supporting facility, compensation shall be made based on the actual constructed land area. However, the amount of land use fee that would have been paid when obtaining a land use right certificate for the exceeding land area at the time the compensation plan is approved shall be deducted;

b) In the case of the complete or partial expropriation of the land plot with houses, the land plot with the houses or supporting facilities, where the expropriated land plot is smaller than the residential land recognition limit as stipulated in Clause 5 Article 141 of the Land Law, compensation shall be made for the entire expropriated residential land area;

c) In the case of the expropriation of land areas used for non-agricultural production, business, commerce, or service purposes, compensation shall be made based on the actual expropriated land area. The type of land for compensation shall be applied as the land granted by the State with land levies, with a long-term stable land use duration;

d) For the remaining land area of the plot that is not compensated for residential land and non-agricultural production land, commercial land, or service land as stipulated in points a and c of this clause, compensation shall be made according to the agricultural land type.

3. Households or individuals who have been continuously using land with houses, land with houses and supporting facilities from December 15, 1993 to before July 1, 2014, without any land use right documents, if they meet the compensation conditions stipulated in Clause 1, Article 5 of this Decree, shall be compensated for land as follows:

a) In the case of the complete or partial expropriation of the land with houses, land with houses or supporting facilities, where the expropriated area of the land plot is equal to or larger than the residential land allocation limit as stipulated in Clause 2 Article 195 and Clause 2 Article 196 of the Land Law, compensation shall be made at the level of the recognized residential land area.

If the area of the land with houses, the land with houses and supporting facilities is greater than the residential land allocation limit, compensation shall be made based on the actual constructed land area;

b) In the case of the complete or partial expropriation of the land plot with houses, the land plot with the houses or supporting facilities, where the expropriated land plot is smaller than the residential land allocation limit as stipulated in Clause 2 Article 195 and Clause 2 Article 196 of the Land Law, compensation shall be made for the entire expropriated residential land area;

c) In the case of the expropriation of land areas used for non-agricultural production, business, commerce, or service purposes, compensation shall be made based on the actual expropriated land area. The type of land for compensation shall be applied as the land granted by the State with land levies, with a long-term stable land use duration;

d) For the remaining land area of the plot that is not compensated for residential land and non-agricultural production land, commercial land, or service land as stipulated in points a and c of this clause, compensation shall be made according to the agricultural land type.

4. Households or individuals who are eligible to be allocated agricultural land as stipulated in Clause 1, Article 118 of the Land Law, and have been stably using residential land before July 1, 2014, without any land use right documents, and are registered as permanent residents in disadvantaged areas or extremely disadvantaged areas, if they meet the compensation requirements stipulated in Clause 1, Article 5 of this Decree, shall be compensated for residential land; the compensated residential land area shall be determined as prescribed in Clauses 1, 2, and 3 of this Article.

5. Disadvantaged areas or extremely disadvantaged areas refer to administrative divisions at the district, commune level, or smaller levels such as hamlets, villages, neighborhoods, and similar population points as defined or decided by the Government, the Prime Minister, or individuals authorized by the Government or the Prime Minister.

Article 9. Land compensation for households and individuals who are using land for housing in violation of land law before July 1, 2014

If, before July 1, 2014, a household or individual used land for housing in violation of land law as specified in points a, c of Clause 2 and Clause 3, Article 139 of the Land Law, such person may be compensated for the used land, provided that they meet the prescribed compensation requirements specified in clause 2 Article 5 of this Decree:

1. If a plot of land with a house has been stably used before October 15, 1993, then the area of land to be compensated shall be equal to the actual area of land being expropriated, but shall not exceed the residential land recognition limit prescribed by the local authority.

2. If a plot of land with a house has been stably used before October 15, 1993 to before July 1, 2014, then the area of land to be compensated shall be equal to the actual area of land being expropriated, but shall not exceed the residential land allocation limit prescribed by the local authority.

3. If a plot of land with a house has a residential area that exceeds the residential land recognition limit or residential land allocation limit as stipulated in Clauses 1 and 2 of this Article, then compensation for the land shall be based on the actual area of the land used for housing that is being expropriated.

4. If, from July 1, 2014 onwards, a household or individual illegally occupies or encroaches upon land for housing purposes, the State shall not provide any land compensation.

Article 10. Residential land compensation for households and individuals who are using land that was granted without proper authority before the effective date of the Land Law

Households or individuals are still entitled to land compensation although the land was allocated without proper authorization, 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 the effective date of the Land Law provided that they meet the compensation requirements as prescribed in Clause 3, Article 5 of this Decree:

1. Land that has been stably used before October 15, 1993, shall be compensated for in accordance with the provisions of Clause 2, Article 8 of this Decree.

2. Land that has been stably used from October 15, 1993, to before July 1, 2004, shall be compensated for in accordance with the provisions of Clause 3, Article 8 of this Decree.

3. Land that has been stably used from July 1, 2004, to before July 1, 2014, shall be compensated for as follows:

a) For cases of land use as prescribed in Points a and b, Clause 3, Article 140 of the Land Law: Compensation shall be made in accordance with the provisions of Points a and b, Clause 3, Article 8 of this Decree;

b) The remaining expropriated land area (if any) that is not compensated according to Point a, Clause 3, Article 8 of this Decree shall be compensated according to the current land use condition.

4. If a plot of land was granted from July 1, 2014, to before the effective date of the Land Law, and there is documentation proving that the land levy has been paid, land compensation shall be paid according to Clause 3, Article 8 of this Decree.

Article 11. Compensation upon residential land expropriation by state prescribed in Article 98 of the Land Law

1. When the State expropriates residential land in Vietnam from households, individuals, and overseas Vietnamese who have been continuously using residential land or owning housing attached to land use rights in Vietnam, they shall compensated in the form of residential land, housing, money, or land with a different purpose, if they meet the requirements for compensation as prescribed in Clauses 1 and 2, Article 95 of the Land Law or Article 5 of this Decree.

2. When the State expropriates residential land in Vietnam from households, individuals, and overseas Vietnamese who have been continuously using residential land or owning housing attached to land use rights in Vietnam, they shall compensate as follows if they meet the requirements for compensation:

a) If the entire residential land is expropriated or the remaining residential land area of ​​the land plot after expropriation is smaller than the minimum area prescribed by the Province-level People's Committee regarding the minimum area in Clause 2, Article 220 of the Land Law, and the household or individual has no other residential land or house in the commune, ward or town where the expropriated land is located, they shall be compensated with residential land or resettlement housing;

b) If the entire residential land is expropriated or the remaining residential land area of ​​the land plot after expropriation is smaller than the minimum area prescribed by the Province-level People's Committee regarding the minimum area in Clause 2, Article 220 of the Land Law, and the household or individual has other residential land or house in the commune, ward or town where the expropriated land is located, they shall be compensated with money or residential land or house or other land if the locality has sufficient land fund and housing fund.

Section 2. COMPENSATION FOR AGRICULTURAL LAND AND NON-AGRICULTURAL LAND NOT FOR RESIDENTIAL PURPOSES

Article 12. Land compensation for households and individuals using land for agricultural purposes

1. In cases where land is used without a land use right certificate, if the requirements for compensation as prescribed in Clause 1, Article 5 of this Decree are met, compensation shall be paid for the expropriated land area, but shall not exceed the maximum limit for the allocation of agricultural land to individuals as prescribed in Article 176 of the Land Law.

2. In cases where land was used in violation of land law before July 1, 2014, if they meet the requirements for compensation as prescribed in Clause 2, Article 5 of this Decree, they shall be compensated for the expropriated land area, but shall not exceed the maximum limit for the allocation of agricultural land to individuals as prescribed in Article 176 of the Land Law.

For agricultural land that has been stably used due to self-reclamation, compensation for land shall be made in accordance with the limit for the allocation of agricultural land as prescribed by the Province-level People's Committee.

3. In cases where land was allocated without proper authorization before July 1, 2014, if they meet the requirements for compensation as prescribed in Clause 3, Article 5 of this Decree, they shall be compensated for the expropriated land area, but shall not exceed the maximum limit for the allocation of agricultural land to individuals as prescribed in Article 176 of the Land Law.

4. For the agricultural land area that has been stably used before July 1, 2004, by households and individuals directly engaged in agricultural production but do not fully meet the requirements to be granted a land use right certificate, the settlement shall be as follows:

a) In cases where land is used without a land use right certificate, if the expropriated land area exceeds the compensation area prescribed in Clause 1 of this Article, the compensation area shall be equal to the actual expropriated land area;

b) In cases where land use violates land law, if the expropriated land area exceeds the compensation area prescribed in Clause 2 of this Article, the remaining land area shall be considered for support as prescribed in Clause 7 of this Article;

c) In cases where land was allocated without proper authorization, if the expropriated land area exceeds the compensation area prescribed in Clause 3 of this Article, the remaining land area shall be considered for support as prescribed in Clause 7 of this Article.

5. For the agricultural land area that was transferred in excess of the limit before July 1, 2014, the compensation and support shall be as follows:

a) In the case of the transferor belonging to the cases prescribed in Clause 2, Article 95 of the Land Law, the transferee shall be compensated for the actual expropriated area;

b) In cases where the transferor of land use rights does not belong to the cases prescribed in Clause 2, Article 95 of the Land Law, the compensation and support for the transferee shall be based on the origin of the land use of the transferor for consideration in each specific case pursuant to Clauses 1, 2, 3, and 4 of this Article.

6. When compensating for agricultural land being used by households and individuals due to land allocation, recognition of land use rights, or transfer of land use rights as prescribed by law, the land use term for compensation calculation shall be applied according to the land use term prescribed in Point a, Clause 1, Article 172 of the Land Law, without deducting the previously used time.

7. For the remaining area of the expropriated land plot that is not eligible for land compensation as stipulated in Clauses 1, 2, 3, 4, and 5 of this Article, the Province-level People's Committee shall decide on other forms of support for each specific project based on the actual local situation.

Article 13. Compensation for non-agricultural land other than residential land upon land expropriation by state

1. Households or individuals who were using land for non-agricultural production, business, commerce, or services before July 1, 2014, and do not have any documents proving land use rights, if they meet the requirements for compensation as prescribed in Clause 1, Article 5 of this Decree, shall be compensated for the expropriated used area; the type of land for compensation shall be applied as in the case of land granted by the State with land levies, with a long-term stable land use term.

2. If before July 1, 2014, a household or individual was using land for non-agricultural production, business, commerce, or services in violation of land law, but meets the requirements for compensation as prescribed in Clause 2, Article 5 of this Decree, such person shall still be compensated for the expropriated used area; the type of land for compensation shall be applied as in the case of land granted by the State with land levies, with a long-term stable land use term.

3. If before the Land Law came into effect, a household or individual was granted land for non-agricultural purposes (not for residential) but the land was allocated without proper authorization, 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 regulations, and if they meet the requirements for compensation as prescribed in Clause 3, Article 5 of this Decree, the compensation for the expropriated land shall be implemented as follows:

a) Land that has been stably used before October 15, 1993, shall be compensated in accordance with the provisions of Point c Clause 2, Article 8 of this Decree;

b) Land that has been used stably from October 15, 1993 to before July 1, 2014, shall be compensated in accordance with point c, clause 3, Article 8 of this Decree;

c) In cases where land was allocated from July 1, 2014 to before the Land Law came into effect, and there is documentation proving that the land levy has been paid, compensation for the land shall be made in accordance with point c, clause 3, Article 8 of this Decree.

4. Compensation for land shall be made for households and individuals who are using non-agricultural land that is not residential land, and whose land use term is stipulated in Clause 1, Article 99 of the Land Law, as follows:

a) In cases where compensation is made by land with the same purpose as the expropriated land, the land use term of the compensated land shall be the remaining land use term of the expropriated land. If the land user wishes to extend the land use term, the land use term shall be determined in accordance with Article 172 of the Land Law, and the land user shall pay land levies or land rents for the extended term beyond the remaining land use term of the expropriated land;

b) In case of monetary compensation, the determination shall be made in accordance with Clause 7 of this Article;

c) In case of compensation by land with a different purpose of use or by housing, it shall be carried out in accordance with Article 4 of this Decree.

5. In case of households and individuals being compensated for land as prescribed in Clause 2, Article 99 of the Land Law, the compensation shall be made as prescribed in Clause 4 of this Article.

6. If the land users are compensated for land as prescribed in Article 100 of the Land Law, the following shall apply:

a) Land compensation shall be carried out in cases where the entire land area of the project is expropriated or the remaining area after expropriation is insufficient for the project to continue, and shall be carried out in accordance with point a, clause 4 of this Article;

b) In the case of monetary compensation, the amount of compensation shall be determined in accordance with Clause 7 of this Article.

7. In the case where a person is using non-agricultural land that is not residential land and is subject to a time-limited land use right, and is compensated in money as prescribed in this Article, the determination shall be as follows:

Where:

Tbt: Amount of compensation;

G: Specific land price at the time of approval of the compensation plan;

S: Area of ​​expropriated land;

T1: Land use term;

T2: Remaining land use term:  equal to (=) land use term minus (-) land use term calculated up to the time of approval of the compensation plan.

8. Households and individuals using land for commerce, services, non-agricultural production, or other non-agricultural purposes with a stable long-term land use right, who are eligible for compensation as prescribed when the State expropriates the land, shall be compensated according to the type of expropriated land as stipulated in Clause 4, Article 171 of the Land Law.

9. For the remaining area of the expropriated land plot that is not eligible for land compensation as stipulated in Clauses 1, 2, and 3 of this Article, the Province-level People's Committee shall decide on other forms of support for each specific project based on the actual local situation.

Section 3. COMPENSATION FOR DAMAGE TO ASSETS AND INVESTMENT COSTS IN REMAINING LAND

Article 14. Compensation for damage to houses or construction works on land upon land expropriation by state

1. Compensation for houses and other construction works prescribed in Point b, Clause 2, Article 102 of the Land Law shall be implemented according to the following provisions:

a) The compensation for houses or construction works shall be equal to the current value of the damaged house or construction work and an amount calculated as a percentage of the current value of such house or construction.

The current value of the damaged house or construction work shall be determined as prescribed in point b of this clause.

The amount calculated as a percentage of the current value of the house or construction work shall be determined by the Province-level People's Committee, but the total compensation shall not exceed 100% of the new construction value of a house or construction with equivalent technical standards to the damaged house or construction;

b) The current value of the damaged house or construction work shall be determined by the following formula:

Where:

Tgt: Current value of the damaged house or construction work;

G1: Value of newly built damaged house or construction work with equivalent technical standards as prescribed in the law on construction;

T: Depreciation period applicable to damaged house or construction work;

T1: Time during which damaged house or construction work have been used.

c) If a house or other construction work is dismantled or partially demolished but the remaining part is still usable, compensation shall be paid for the value of the demolished part and the cost of repairing and completing the remaining part to a standard equivalent to that of the house or construction before dismantlement or demolition;

d) For houses or construction works that do not meet the technical standards prescribed by specialized law, the Province-level People's Committee shall prescribe specific compensation amounts suitable to the actual circumstances of the province.

2. If the house, other construction work, technical infrastructure, social infrastructure, or other property is state-owned property, after the dismantlement or demolition of the house, construction, or property as prescribed in clauses 2 and 3 of Article 102 of the Land Law, if there are any reusable materials, assets, or property, they shall be sold.

The compensation agency shall be responsible for selling the expropriated materials, assets, and property as prescribed in this clause. The sale shall be conducted in the same manner as the sale of expropriated materials from the liquidation of state assets in a state agency as prescribed by law on the management and use of state property.  The proceeds from the sale of expropriated materials, assets, and property, after deducting related selling expenses, shall be deposited into the local state budget.

Article 15. Compensation and support for the relocation of graves upon land expropriation by state

1. Province-level People's Committees and District-level People's Committees shall be responsible for allocating land in planned cemeteries for the relocation of graves when land is expropriated.

2. For graves within the expropriated land that must be relocated, compensation shall be paid for following costs:  excavation, removal, relocation, new construction, and other reasonable costs directly related to the relocation of graves to a new location in the local planned cemetery; in cases where families arrange for the relocation of graves outside the designated area, financial support shall be provided.

If the district, city, or town under a centrally-affiliated city, or the town or city under a province where the land is expropriated no longer has land in cemeteries, the Province-level People’s Committee shall be responsible for reviewing the land fund in other administrative divisions at the district level to arrange for the relocation of graves and shall prescribe support policies to encourage cremation and the preservation of ashes at ash-keeping facilities in order to implement a civilized lifestyle, ensure the efficient, sustainable, and economical use of land, and contribute to environmental protection.

The Province-level People’s Committee shall prescribe the compensation and support levels in this clause in accordance with local customs and practices.

3. If the graves within the expropriated land must be relocated and there are no relatives to carry out the relocation, the compensation agency shall, in coordination with the People's Committee of the commune where the graves are located, carry out the procedures for relocating the graves in accordance with local customs and practices; the relocation costs shall be included in the compensation, support, and resettlement costs when land is expropriated.

Article 16. Compensation for self-renovated and repaired housing costs for those using state-owned housing within the land expropriation area that requires demolition

If a person is using a state-owned house (rented house or house managed by a self-governing organization) that falls within the land expropriation area and must be demolished, the tenant shall not be compensated for the area of the state-owned house and the unauthorized expanded area, but shall be compensated for the costs of self-renovation, repair, and upgrading; the level of compensation shall be determined by the Province-level People’s Committee.

Article 17. Compensation for remaining land investment costs upon land expropriation by state

1. The remaining investment costs in the expropriated land as prescribed in Clause 2, Article 107 of the Land Law are the costs that the land user has invested in the land as prescribed in Clause 7, Article 3 of the Land Law.

2. Conditions for determining remaining investment costs in the expropriated land:

a) There are records and documents proving that the investment in the land has been made;

b) If there are no documents or invoices to prove the remaining investment costs in the expropriated land, the Province-level People’s Committee shall, based on the actual circumstances in the province, prescribe the method for determining such remaining investment costs in the expropriated land.

3. Records and documents proving the investment in the land specified in Point a, Clause 2 of this Article include one of the following documents:

a) Documents, contracts for ground leveling, land reclamation (if the land is allocated or leased by the state); documents, contracts for land improvement, anti-erosion, anti-intrusion, construction, land reinforcement (if the land is used as production and business premises(;

b) Documents, contract liquidation; invoices, payment documents for each cost item invested in the land specified in Point a of this Clause;

c) Other documents and contracts related to the investment in the land that is established at the time of investment.

4. The remaining investment costs in the expropriated land, except for the case specified in Clause 6 of this Article, is determined as follows:

Where:

P: The remaining investment costs in the land;

P1: Ground leveling cost;

P2: Cost of improvement to increase soil fertility, remove salinity, prevent erosion and intrusion for land used for agricultural purposes;

P3: Cost of reinforcing the load-bearing capacity to prevent vibration and subsidence of land for production and business premises;

P4: Other related costs invested in land suitable for the purpose of land use;

The costs are determined based on the records provided by the expropriated land user.

T1: Land use term;

T2: Remaining land use term.

If the investment in the land is made after the state allocates or leases the land, the land use term (T1) shall be calculated from the time of investment in the land.

5. If an expropriated land user does not have one of the documents specified in Clause 3 of this Article but has actually invested in the land, they shall be compensated for the remaining investment costs in the expropriated land as prescribed in Point b, Clause 2 of this Article.

6. The determination of the remaining investment costs in the expropriated land in cases where advance payments for compensation, support, and resettlement have not been fully deducted from land levies or land rents as prescribed in Point d, Clause 2, Article 107 of the Land Law, and in cases of land lease with annual rent payments but advance payments have been made for many years but the leased period has not been used, shall be carried out in accordance with the provisions of law on land levies and land rents.

Article 18. Compensation and support for damage related to land within the safety protection corridor, protected area, and safety belt when constructing works or areas with safety protection corridors

1. Compensation for damage due to limited land use within the safety protection corridor, protected area, and safety belt as prescribed in Article 106 of the Land Law shall be carried out as follows:

a) If the land use purpose is changed from residential land to non-agricultural land or from residential land to agricultural land, the level of compensation shall be determined as follows:

Tbt = (G1 - G2) x S

Where:

Tbt: Compensation for damage;

G1: Average price per square meter of residential land;

G2: Average price per square meter of non-residential non-agricultural land or agricultural land;

S: Area of land with changed land use purpose;

b) If the land use purpose is changed from non-residential non-agricultural land to agricultural land, the level of compensation shall be determined as follows:

Tbt = (G3 - G4) x S

Where:

Tbt: Compensation for damage;

G3: Average price per square meter of non-residential non-agricultural land;

G4: Average price per square meter of agricultural land;

S: Area of land with changed land use purpose.

c) In cases where the land use purpose is not changed but the land use capacity is limited, the determination of the level of compensation shall be specifically prescribed by the People's Committee of the province based on the actual circumstances of the province.

2. Houses, other construction works and other property on land located within the safety protection corridor, protected area, and safety belt that are damaged due to clearance shall be compensated at the prescribed damage level.

3. When the safety protection corridor, protected area, and safety belt occupy more than 70% of the land area of a plot with houses or construction works, the remaining land area shall also be compensated in accordance with Clauses 1 and 2 of this Article if the remaining land area is smaller than the minimum area prescribed by the Province-level People’s Committee for the minimum area under Clause 2, Article 220 of the Land Law in the case of residential land or is insufficient to construct works according to the regulations of specialized law in the case of land with construction works.

4. Regarding residential land with houses located within the safety protection corridor, protected area, and safety belt of a construction project or an area with a safety protection corridor that must be relocated pursuant to the decision of a competent state agency, the land user and the owner of the house shall, in addition to being compensated in accordance with Clause 1 of this Article, if needed, be arranged for resettlement, compensated with relocation costs, and supported to stabilize their lives and production.

Section 4. RESETTLEMENT SUPPORT AND ARRANGEMENTS

Article 19. Livelihood stabilization support upon land expropriation by state

1. Households and individuals using agricultural land, if eligible for land compensation, will be supported to stabilize their livelihoods.

a) If 30% to 70% of the agricultural land currently in use is expropriated, support will be provided for 6 months if no relocation is required and for 12 months if relocation is necessary. In cases where it is necessary to relocate to a disadvantaged area or severely disadvantaged area, the maximum support period is 24 months.  If more than 70% of the agricultural land currently in use is expropriated, support will be provided for 12 months if no relocation is required and for 24 months if relocation is necessary. In cases where it is necessary to relocate to a disadvantaged area or severely disadvantaged area, the maximum support period is 36 months;

b) The expropriated agricultural land area for the purpose of calculating livelihood stabilization support as stipulated in point a of this clause is the area within the commune, ward, or township where the land is expropriated at the time of the decision approving the compensation plan, and is determined for each land expropriation project by the competent People's Committee, without adding up the areas of agricultural land expropriated from previous land expropriation projects;

c) The support amount for each person as stipulated in points a and b of this clause shall be calculated in an amount equivalent to 30 kg of rice per month based on the average market price at the time of support in the locality.

2. In cases where households or individuals using land as prescribed in Clause 1 of this Article have less than 30% of their agricultural land area expropriated; households or individuals using land that are not eligible for land compensation or who have been allocated land for agricultural, forestry, aquaculture, or salt production purposes from state-owned farms, forestry enterprises, or agricultural, forestry companies converted from state-owned farms, agricultural production groups, or agricultural cooperatives and have a land allocation contract, the Province-level People’s Committee shall decide on the support amount, support period, and regular payment of support money to suit each specific case but shall not exceed the support amount prescribed in Clause 1 of this Article.

Article 20. Support for stabilizing production and business upon land expropriation by state

Support for stabilizing production and business upon land expropriation by state as prescribed in Point b, Clause 1, Article 108 of the Land Law shall be implemented according to the following provisions:

1. Entities eligible for support for stabilizing production and business

a) Economic organizations, households, individuals engaged in production and business, foreign-invested economic organizations whose production and business have been suspended and which are eligible for land compensation shall be supported to stabilize production and business;

b) Households and individuals using land that is allocated for agricultural, forestry, aquaculture, or salt production purposes, which are subject to Clause 2, Article 19 of this Decree, shall be supported to stabilize production.

2. Eligibility requirements for support for stabilizing production and business

a) Households, individuals, economic organizations, and foreign-invested economic organizations who are eligible for land compensation;

b) Households, individuals using land that is allocated prescribed in clause 2 Article 19 of this Decree who obtain a land allocation contract.

3. Support for stabilizing production and business is carried out as follows:

a) Households and individuals whose agricultural land is expropriated shall be supported to stabilize production and business as follows:  support for crop and livestock seeds for agricultural production, crop cultivation techniques, livestock breeding, and technical services for production, business, commerce, and services;

b) Economic organizations, households, or individuals engaged in production and business, foreign-invested economic organizations that are subject to Clause 1 of this Article shall be supported to stabilize production and business with a monetary amount of up to 30% of one year's post-tax income, based on the average income of the preceding 3 years.

Post-tax income is the income remaining after deducting personal income tax and corporate income tax as prescribed by the law on personal income tax and the law on corporate income tax.

4. Employees employed under a labor contract by an economic organization, household, individual engaged in production and business, or foreign-invested economic organization that is subject to Clause 1 of this Article shall be applied the unemployment benefit regime as prescribed by labor law, but the benefit period shall not exceed 6 months.

5. In cases where households or individuals are using land being allocated for agricultural, forestry, aquaculture, or salt production purposes from state-owned farms or forestry companies, or agricultural companies converted from state-owned farms, agricultural production groups, or agricultural cooperatives, and have a land allocation contract, the Province-level People's Committee shall decide on the appropriate amount of support to stabilize production for each project.

6. The Province-level People's Committee shall decide on the amounts of support, support period, and regular payment of support funds to suit the province reality.

Article 21. Support for relocation of livestock; support for dismantling, demolishing, and relocating property on land that are part of a construction project under a construction permit with a limited term pursuant to construction law and whose permit has expired at the time of land expropriation

1. The Province-level People’s Committee, based on the actual circumstances in the province, shall prescribe cases, measures, and amounts of relocation support for each type of livestock when the State expropriates land to support livestock owners when they have to relocate.

2. If a person has a construction work on a piece of land that the state is expropriating, and the construction permit for that construction work has expired according to the law, then the property owner will not receive compensation for that construction work; instead, they will be supported in dismantling and relocation that construction work.

The Province-level People’s Committee shall, based on the actual circumstances in the province, prescribe the cases, measures, and support amounts for dismantling, demolishing, and relocating the construction work in accordance with each specific case.

Article 22. Support for training, job conversion and job search for households and individuals upon land expropriation by state

1. Individuals directly engaged in agricultural production who are supported for training, job conversion and job search as prescribed in Point a, Clause 1, Article 109 of the Land Law are individuals who are using agricultural land and have income from agricultural production on that land at the time of approval of the compensation plan and do not fall into the following cases:

a) Officials, public employees, commissioned officers on service, professional soldiers, national defense officials, national defense workers and employees, commissioned officers, non-commissioned officers, public security workers, cipher officers and other people working in cryptographic organizations who are paid from the state budget;

b) Pensioners;

c) People having lost their ability to work or quitting their jobs who are entitled to monthly social insurance benefits;

d) Employees with indefinite-term labor contracts.

2. Households directly engaged in agricultural production who are supported for training, job conversion and job search as prescribed in Point a, Clause 1, Article 109 of the Land Law are households who are using agricultural land with at least one member having income from agricultural production on that land at the time of approval of the compensation plan and do not fall into the cases prescribed in points a, b, c and d of clause 1 of this Article.

3. The amounts of support for training, job conversion and job search as prescribed in Article 109 of the Land Law is prescribed by the Province-level People’s Committee based on the actual circumstances in the province. However, this support shall not exceed 5 times the price of the same type of agricultural land as listed in the local land price schedule for the entire area of expropriated agricultural land, and must also comply with the provincial agricultural land allocation limit as prescribed in Article 176 of the Land Law.

4. For households and individuals using land under a land allocation contract, or households and individuals who have been leased orchards to plant, care for, and harvest crops, and who are eligible for training, job conversion, and job seeking support as prescribed in points c and d, clause 1, Article 109 of the Land Law, a land allocation contract is required.

Article 23. Resettlement support upon land expropriation by state

1. In cases where households, individuals, or overseas Vietnamese who are eligible for resettlement support as prescribed in Clause 8, Article 111 of the Land Law wish to arrange their own accommodation may, in addition to being compensated for land in cash, also receive financial support to arrange their own accommodation.

2. The Province-level People’s Committee shall, based on the scale of the expropriated residential land area, the number of household members and specific conditions in the province, prescribe the appropriate support amount in Clause 1 of this Article.

Article 24. Resettlement arrangement

1. The minimum resettlement allowance as prescribed in Clause 8, Article 111 of the Land Law shall be implemented as follows:

a) The minimum resettlement allowance shall be prescribed in the form of residential land, housing, or monetary compensation to suit the choice of the resettled person;

b) In cases where the minimum resettlement allowance is prescribed in the form of residential land or housing, the area of residential land for resettlement shall not be smaller than the minimum area as prescribed by the Province-level People’s Committee on the minimum area in Clause 2, Article 220 of the Land Law, and the area of resettlement housing shall not be smaller than the minimum apartment area as prescribed by housing law.

If the minimum resettlement allowance is prescribed in the form of housing, the area of resettlement housing shall not be smaller than the minimum apartment area as prescribed by housing law.

If the minimum resettlement allowance is calculated in monetary compensation, the amount of money for the minimum resettlement allowance shall be equivalent to the value of a minimum resettlement allowance in the form of residential land or housing at the resettlement location;

c) Based on Point a and Point b of this Clause and the specific circumstances of the province, the Province-level People’s Committee shall prescribe the minimum resettlement allowance in the form of residential land, housing, or a combination of housing and monetary compensation.

2. Individuals who are using state-owned housing that falls within the land expropriation area and have to demolish their houses without any other place to live in the district where the land is expropriated shall be supported with rental housing at the resettlement location; the rental price shall be the rental price of state-owned housing; the rented house at the resettlement location shall be sold to the tenant in accordance with the law on housing on the sale of state-owned housing to tenants; in cases where the person whose house is being expropriated has a need and the locality has a residential land fund, a resettlement housing fund, commercial housing, or social housing, they shall be considered for allocation of residential land with land levies, sale of housing; in cases of self-arranging a new place to live, they shall be supported with money.

The Province-level People’s Committee shall prescribe the support for renting housing, allocating residential land, selling housing, and providing financial support for self-arranging accommodation as prescribed in this clause.

3. In cases where projects for national defense, security, transportation, irrigation, technical infrastructure, or social infrastructure require the expropriation of residential land within a plot of land with a house, and the land owner wishes to resettle within that place by exchanging the location of the residential land to the rear within the remaining agricultural land area of the plot after expropriation, the resettlement arrangement in this case shall be carried out as follows:

a) On-site resettlement shall be arranged by allowing the change of land use from agricultural land to residential land within the land allocation limits prescribed in Clause 2, Article 195 and Clause 2, Article 196 of the Land Law;

b) Land levies shall be exempted when changing land use from agricultural land to residential land for resettlement as prescribed in point a of this clause for an area equal to the expropriated residential land area in cases where the land owner agrees to compensation for agricultural land for the expropriated land area.

4. Regarding the land fund and housing fund for resettlement arrangement, the following regulations shall apply:

a) The compensation agency shall implement resettlement projects or receive the transfer of the right to use residential land, commercial housing, or social housing for resettlement for cases prescribed in Article 111 of the Land Law;

b) The funding for implementing resettlement projects or receiving the transfer of the right to use residential land, commercial housing, or social housing as prescribed in point a of this clause shall be advanced from the state budget, the Land Development Fund, or other investment development funds, entrusted funds, or from the investor voluntarily advancing compensation, support, and resettlement funds;

c) The establishment, appraisal, approval, inspection, and finalization of resettlement projects; appraisal and approval of the design and construction of resettlement projects shall be carried out in accordance with the law on housing, the law on construction, the law on public investment, and other relevant laws;

d) The purchase of commercial housing or social housing for resettlement shall be carried out in accordance with the law on housing and other relevant laws.

Section 5. ALLOCATION OF FUNDING AND PAYMENT OF COMPENSATION, SUPPORT, AND RESETTLEMENT

Article 25. Payment of compensation, support, and resettlement

1. The deduction of the amount of outstanding land-related financial obligations from the amount of compensation as prescribed in Clause 6, Article 94 of the Land Law shall be carried out as follows:

a) The amount of outstanding land-related financial obligations shall include land levies, land rents payable to the State, and late payment interests (if any) but not yet paid at the time of approval of the compensation plan;

b) The amount of outstanding financial obligations as prescribed in point a of this clause shall be determined in accordance with the law on collection of land levies and land rents.

In cases where the amount of outstanding financial obligations at the time of approval of the compensation plan is greater than the amount of compensation, the household or individual may defer the payment of the difference; if the household or individual is resettled, after deducting the compensation amount from the amount to be allocated for residential land or the purchase of housing at the resettlement location and the remaining amount is less than the amount of outstanding financial obligations, the household or individual may defer the payment of the difference;

c) The compensation amount to be deducted from the outstanding financial obligations includes the compensation amount for land and the compensation amount for remaining investment costs in the land (if any).

Amounts of compensation for relocation costs, property damage, business interruption, and other support amounts shall not be deducted from the outstanding land-related financial obligations.

2. In cases of compensation by allocating new land, allocating residential land and resettlement housing, allocating resettlement housing, if there is a difference in value, the difference shall be paid in cash according to the following regulations:

a) In case the compensation for land is greater than the value of the land and housing, or housing in the resettlement area, the resettled person shall receive the difference;

b) In case the compensation for land is less than the value of the land and housing, or housing in the resettlement area, the resettled person shall pay the difference, except as provided in Clause 1, Article 24 of this Decree.

3. When determining the amount of land compensation that the expropriated land user receives as prescribed in this Decree, the amount of land levies and land rents payable as when the land use right certificate is granted at the time of approval of the compensation plan shall be deducted.

4. The division of compensation and support for persons having joint rights to land use and property on land when the State expropriates land shall be carried out in accordance with the agreement of the persons having joint rights to land use and property on land as prescribed by the civil law.

5. In cases where the expropriated land or property is subject to a dispute that has not yet been resolved, the compensation amount shall be deposited in a deposit account of the compensation agency opened at a commercial bank in which the State holds a controlling stake at a non-term interest rate, and after the competent regulatory agency has resolved the dispute, it shall be paid to the land user or owner of the property.

Article 26. Deferral of land levy payment upon resettlement land allocation

1. Entity eligible for deferral of land levy payment as prescribed in Clause 3, Article 111 of the Land Law is the resettled person whose compensation amount is less than the land levy payable upon resettlement land allocation, if they wish to defer payment of the land levy and commit to hand over the site according to the schedule.

2. The land price for calculating the deferred land levy is the land price determined according to the land price list at the time of approval of the compensation plan.

When paying the deferred land levy, the land user shall pay the debt according to the amount of land levy recorded on the Certificate of land use rights.

3. The amount of deferred land levy for households and individuals as prescribed in Clause 1 of this Article shall be determined by the difference between the land levy payable when the household or individual is allocated resettlement land minus (-) the value of compensation for land.

In cases of entities entitled to resettlement support, if the amount of land levy payable is greater than the minimum resettlement allowance, the payment of land levy may be deferred.

4. Households and individuals who are eligible for deferral of land levy payment as prescribed in Clause 1 of this Article must pay in full the outstanding land levy before transferring, assigning, gifting, mortgaging, or contributing their land use right.  In cases where the land use right is inherited or gifted in accordance with the law but the land levy has not been fully paid, the heir or donee who is certified by the People's Committee of the commune as belonging to a poor or near-poor household may continue to defer payment.

5. The procedures for deferral, payment, write-off of land levy debt for households and individuals who are entitled to defer land levy payments as prescribed in Clause 1 of this Article shall be carried out in accordance with the law on the collection of land levies and land rents.

Article 27. Costs to ensure the implementation of compensation, support, and resettlement

1. The compensation agency shall be responsible for preparing an estimate of the costs to ensure the implementation of compensation, support, and resettlement for each project as follows:

a) For expenditures that have been set at fixed rates, standards, and unit prices by a competent state agency, the current regulations shall apply;

b) For expenditures that have not been set at fixed rates, standards, and unit prices, estimates shall be prepared based on actual conditions that are suitable for the specific characteristics of each project and local realities;

c) Costs for printing documents, office supplies, fuel, logistics, and administrative support services shall be calculated based on the actual needs of each project.

2. The authority competent to approve the compensation plan shall decide on the approval of the costs to ensure the implementation of compensation, support, and resettlement.

3. In cases where it is necessary to carry out compulsory land expropriation, the compensation agency shall prepare an estimate of the costs for organizing and implementing the compulsory expropriation and submit it to the competent regulatory agency for approval of the compensation plan.  The arrangement of funds for organizing and implementing the compulsory expropriation of land shall be as follows:

a) In cases where land is allocated without collecting land levies, land is allocated or leased but is exempt from paying land levies and land rents, this fund shall be arranged and accounted for in the project investment capital;

b) In cases where the State expropriates land to create a clean land fund for allocation or lease through auction, this fund shall be advanced from the Land Development Fund;

c) In cases where the investor voluntarily advances compensation amount, this fund shall be deducted from the amount of land levies and land rents payable.

4. Detailed costs to ensure the implementation of compensation, support, and resettlement prescribed in Clause 1 of this Article include:

a) Costs for holding meetings with land users and property owners in the expropriated area to disseminate and publicize policies and laws on compensation, support, and resettlement when the State expropriates land and to receive opinions, organize mobilization of land users and related property owners to implement the decision to expropriate land for the project;

b) Costs for investigation, survey, recording of the current status, measurement, inventory, statistics, classification of land area, and identification of the origin of land and property on expropriated land, including: Distributing declaration forms, guiding land users and property owners to declare; surveying cadastral plots for plots in areas where there is no cadastral map for serving compensation and site clearance; measuring and determining the actual area of plots within the boundaries of the expropriated land for the project (if any) of each expropriated land user as the basis for implementing compensation, support, and resettlement when the State expropriates land in cases where re-measurement is required; inventorying the number of houses, structures, crops, livestock, and other assets damaged when the State expropriates land of each property owner; checking and comparing the declaration with the inventory results, determining the level of damage for each specific land user or property owner; calculating the value of losses of land, houses, structures, crops, livestock, and other assets, costs of publishing in newspapers and broadcasting on radio or television;

c) Costs for the preparation, appraisal, approval, and public announcement of the compensation plan from the calculation and determination of the compensation amount to the approval of the plan and the public announcement of the compensation plan;

d) Costs for paying the compensation amounts in accordance with the compensation plan approved by the competent regulatory agency as prescribed;

dd) Costs for serving the guidance on implementation and resolution of difficulties in the implementation of the compensation plan approved by the competent regulatory agency as prescribed;

e) Costs for renting offices, hiring and purchasing machinery and equipment for the implementation of compensation, support, and resettlement activities of the compensation agency and the appraisal agency;

g) Costs for printing, photocopying documents, stationery, communication (postal, telephone), and gasoline;

h) Costs for hiring labor to carry out compensation, support, and resettlement activities (if any).  The hiring of labor shall be decided by the head of the compensation agency, as prescribed in the internal expenditure regulations, and shall only be carried out when the compensation agency does not have sufficient personnel to carry out the work and shall not be carried out for tasks that overlap with the personnel of the compensation agency;

i) Other expenses directly related to the organization of compensation, support, and resettlement.

5. Detailed costs for organizing and implementing compulsory inventory and compulsory land expropriation:

a) Costs for notifying, publicizing, and mobilizing the relevant entities to abide by the decision on compulsory inventory and the decision on compulsory land expropriation;

b) Costs for purchasing materials, fuel, hiring vehicles, protective equipment, medical equipment, fire prevention equipment, and other necessary equipment to serve the implementation of compulsory inventory and compulsory land expropriation;

c) Costs for serving the work of organizing the enforcement of the decision on compulsory inventory and compulsory land expropriation;

d) Costs for sealing, demolishing, dismantling, and transporting assets; relocating the person subject to coercion and related persons out of the coerced land, renting premises, hiring labor, and means of preserving assets, and other legal actual costs directly serving the preservation of assets when implementing compulsory land expropriation in case the owner of the assets fails to make payments;

dd) Costs for filming and taking photographs to serve the implementation of compulsory inventory and compulsory land expropriation;

e) Costs for protection and prevention of re-occupation of land after compulsory land expropriation of the coerced land plot until the completion of site clearance;

g) Other expenses directly related to the organization of compulsory inventory and compulsory land expropriation.

6. Salaries, salary-based contributions, and allowances as prescribed by the regulations of the compensation agency related to the organization of compensation, support, resettlement, compulsory inventory, and compulsory land expropriation under the financial mechanism applicable to that organization.

Salaries and salary-based contributions shall be determined in accordance with current legal provisions.

7. The preparation, approval, use, and settlement of the budget to ensure the organization of compensation, support, resettlement, compulsory inventory, and compulsory land expropriation shall be carried out in accordance with the provisions of the law on the budget and the law on public investment.

8. The Province-level People’s Committee shall, based on the actual circumstances in the province, prescribe the expenditure amounts to ensure the organization of compensation, support and resettlement; in cases where the locality has not yet prescribed the expenditure amounts to ensure the organization of compensation, support and resettlement, the compensation agency shall prepare an estimate and settle the costs to ensure the organization of compensation, support and resettlement for each project according to the norms, standards and unit prices prescribed by the competent regulatory agency, and submit them to the agency competent to approve the compensation plan.

Article 28. Funding for compensation, support, and resettlement

1. Funding for compensation, support, and resettlement is stipulated in Clause 1, Article 94 of the Land Law.  The determination of the funding for compensation, support, and resettlement must follow the compensation plan approved by the competent authority.

2. The funding for compensation, support, and resettlement when the State expropriates land for projects is regulated as follows:

a) The funding for compensation, support, and resettlement is included in the total investment of the project;

b) Ministries and agencies must provide the necessary funds for compensation, support, and resettlement for projects they undertake that are approved by the National Assembly, the Prime Minister, and projects where ministries and agencies are the investor or investment decision-maker;

c) Province-level People’s Committees must provide the necessary funds for compensation, support, and resettlement for projects under the authority of the Province-level People's Council and projects as prescribed in point b of this clause but the Province-level People’s Committees are assigned to provide the necessary funds for compensation, support, and resettlement in accordance with the law;

d) In case the investor voluntarily advances the compensation, support, and resettlement funds to the compensation agency, the investor shall be responsible for providing the necessary funds for compensation, support, and resettlement.