Chapter III
ORDER OF AND PROCEDURES FOR LAND RECOVERY, ALLOCATION AND LEASE
Article 25. Order of and procedures for land recovery, allocation and lease
The order of and procedures for land recovery, allocation and lease comply with Articles 29. 30 and 31 of Decree No. 69/2009/ND-CP; some of these provisions are specified in Articles 26 thru 29 of this Circular.
Article 26. Land recovery notices
1. Based on results of processing investment dossiers, provincial-level People's Committees or authorized district-level People's Committees shall issue land recovery notices. A land recovery notice must indicate:
a/ The details specified in Clause 2, Article 29 of Decree No. 69/2009/ND-CP;
b/ Assignment to the compensation and ground clearance organization to perform compensation, support and resettlement work;
c/ Permission for the investor to conduct survey and formulate an investment project.
2. The provincial- or district-level People's Committee's land recovery notice serves as a legal basis for the compensation and ground clearance organization and investor to perform the jobs specified at Points b and c. Clause 1 of this Article.
Article 27. Evaluation and certification of land use demands
The evaluation and certification of land use demands under Clause 2, Article 27 of Decree No. 69/2009/ND-CP are specified as follows:
1. Evaluation of land use demands under an investment project covers:
a/ Assessment of conformity with the approved land use planning and plan; or assessment of conformity with the approved urban construction planning or planning on construction of rural residential quarters, in case the land use planning or plan has not yet been approved;
b/ Assessment of the project's land use demand under current regulations on land use criteria and norms. For a project for which regulations on land use criteria and norms are unavailable yet, the evaluating agency shall conduct assessment based on the project's size and characteristics and the local land fund.
2. Contents of certification of land use demands in case the formulation of investment projects is not required comply with Point a. Clause 1 of this Article and requirements on land use area and purposes and local land funds.
Article 28. Land allocation and lease dossiers
1. An applicant for the allocation or lease of land for implementing an investment project shall make a dossier and send two sets thereof to the provincial-level Natural Resources and Environment Department, each comprising:
a/ Written request (or application) for land allocation or lease;
b/ Approved investment project;
For a project on exploration or exploitation of minerals, construction materials, porcelain or pottery, the competent state agency's license is required under law.
The applicant for the allocation of land for defense and security purposes is not required to submit an investment project but shall submit an extracted copy of the competent state agency's decision on investment in building a defense and security work, containing land use-related details, or the decision approving the planning on locations of stations of the forces of the Ministry of National Defense or the Ministry of Public Security;
c/ Copy of the land lot's cadastral map;
d/ Evaluated compensation, support and resettlement plan; in case this plan falls within the approving competence of the provincial-level People's Committee, it shall be evaluated simultaneously with the land allocation or lease dossier.
Provincial-level Natural Resources and Environment Departments shall evaluate land allocation and lease dossiers for submission to provincial-level People's Committees for decision.
2. In case the land allocation and lease fall within the competence of district-level People's Committees, applicants for land allocation or lease shall make dossiers and send two sets thereof to district-level Natural Resources and Environment Sections, each comprising:
a/ Application for land allocation or lease:
b/ Commune-level People's Committee's written certification of the land use demand;
c/ Copy of the land lot's cadastral map;
d/ Compensation, support and resettlement plan.
District-level Natural Resources and Environment Sections shall evaluate land allocation or lease dossiers simultaneously with compensation, support and resettlement plans for submission to district-level People's Committees for decision.
Article 29. Land handover
1. When receiving compensation and support money and being arranged a resettlement place, the person having land recovered shall submit the originals of land use right certificates and certificates of ownership of assets attached to land (if any) to the compensation and ground clearance organization for transfer to the natural resources and environment agency to carry out procedures for revoking, adjusting or issuing a certificate for the land area not recovered.
2. Within twenty (20) days after being fully paid the compensation and support money, the person having land recovered shall hand over land to the compensation and ground clearance organization.
The handover of land between the compensation and ground clearance organization and the person having land recovered must be made in a record certified by the commune-level People's Committee of the locality where the recovered land exists. If wishing to authorize another person to receive compensation, the eligible person shall make a paper of authorization in accordance with law.
Tìm kiếm
Thông tư 14/2009/TT-BTNMT về bồi thường, hỗ trợ, tái định cư và trình tự, thủ tục thu hồi đất, giao đất, cho thuê đất do Bộ Tài nguyên và Môi trường ban hành (Bản Word)