Decree No. 06/2020/ND-CP amends Article 17 of Decree No. 47/2014/ND-CP dated May 15, 2014, of the Government on compensation, support, and resettlement when the State requisitions land.

DECREE

AMENDMENTS AND SUPPLEMENTS TO ARTICLE 17 OF THE DECREES NUMBER 47/2014/NĐ-CP DATED MAY 15, 2014 OF THE GOVERNMENT ON COMPENSATION, SUPPORT, AND RELOCATION WHEN THE STATE ACQUIRES LAND

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

The Government issues this Decree on management and development of industrial clusters.

At the proposal of the Minister of Natural Resources and Environment,

The Government promulgates this Decree to amend and supplement Article 17 of Decree No. 47/2014/NĐ-CP dated May 15, 2014 of the Government on compensation, support, and relocation when the State acquires land.

Article 1. Amend and supplement

"Article 17. Compensation, support, and relocation when the State acquires land for investment projects decided by the National Assembly on investment orientation, approved by the Prime Minister on investment orientation; land acquisition projects related to multiple provinces and centrally governed cities

The compensation, support, and relocation when the State acquires land for investment projects decided by the National Assembly on investment orientation, approved by the Prime Minister on investment orientation that require the relocation of entire communities, affecting the entire livelihoods, economy, society, and cultural traditions of the community; land acquisition projects related to multiple provinces and centrally governed cities shall be implemented as follows:

1. Ministries and sectors with investment projects shall take the lead and coordinate with provincial People's Committees where the land is to be acquired to develop a framework policy on compensation, support, and relocation to submit to the Prime Minister for consideration and decision, and must ensure funding for compensation, support, and relocation according to regulations.

The framework policy on compensation, support, and relocation shall include the following main contents:

a) Area of each type of land expected to be acquired;

b) Number of organizations, households, and individuals using land in the area expected to be acquired;

c) Expected level of compensation and support for each type of land acquisition subject; expected land compensation price for each type of land and location;

d) Relocation plan (expected number of relocated households, location, and form of relocation);

đ) Expected total amount of compensation, support, and relocation and source of funds to implement;

e) Expected implementation schedule for the compensation, support, and relocation plan;

g) Expected time and plan for relocation and handover of the site.

The framework policy on compensation, support, and relocation must reflect all the above contents for the entire project and in detail for each locality (if applicable). In cases where land acquisition for investment projects requires the construction of centralized relocation areas, the contents specified in this Clause must also include the area of land to be acquired for constructing such centralized relocation areas.

2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant agencies and organizations to review the framework policy on compensation, support, and relocation before submitting it to the Prime Minister for decision.

3. Based on the framework policy on compensation, support, and relocation decided by the Prime Minister, provincial People's Committees shall organize the development, review, and approval of the compensation, support, and relocation plan for projects implemented in their localities after obtaining written approval from ministries and sectors with investment projects; organize implementation and settlement of compensation, support, and relocation costs with ministries and sectors with investment projects."

Article 2. Transitional Provisions

1. For investment projects that have already approved the compensation, support, and relocation plan for the entire project before the effective date of this Decree, they shall continue to implement according to Article 17 of Decree No. 47/2014/NĐ-CP dated May 15, 2014 of the Government on compensation, support, and relocation when the State acquires land.

2. For investment projects that have not yet approved the compensation, support, and relocation plan for the entire project before the effective date of this Decree, they shall implement compensation, support, and relocation according to the provisions of this Decree.

Article 3. Implementation Provisions

1. This Decree takes effect from February 20, 2020.

2. Ministries, ministerial-level agencies, governmental agencies, and provincial People's Committees shall be responsible for reviewing normative legal documents issued by themselves that are contrary to the provisions of this Decree to amend, supplement, or revoke them.

3. Ministers, heads of ministerial-level agencies, heads of governmental agencies, Chairmen of People's Committees at all levels, and other related organizations and individuals shall be responsible for implementing this Decree.