Circular No. 14/2009/TT-BTNMT detailing compensation, support, resettlement, and procedures for land recovery, allocation, and leasing

CIRCULAR

Detailed regulations on compensation, support, resettlement, and procedures for land recovery, allocation, and leasing.

Procedures for land recovery, allocation, and leasing.

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Based on the Land Law dated November 26, 2003;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Based on Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and resettlement when the State recovers land;

Based on Decree No. 17/2006/NĐ-CP dated January 27, 2006 of the Government amending and supplementing certain articles of decrees guiding the implementation of the Land Law and Decree No. 187/2004/NĐ-CP on converting state-owned enterprises into joint-stock companies;

Based on Decree No. 84/2007/NĐ-CP dated May 25, 2007 of the Government providing additional provisions on issuing certificates of land use rights, recovering land, exercising land use rights, procedures for compensation, support, and resettlement when the State recovers land, and resolving complaints about land;

Pursuant to Decree No. 69/2009/NĐ-CP dated August 13, 2009 of the Government on additional provisions regarding land use planning, land prices, land recovery, compensation, support, and resettlement;

The Ministry of Natural Resources and Environment provides detailed regulations on compensation, support, resettlement, and procedures for land recovery, allocation, and leasing as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies certain contents regarding compensation, support, resettlement, and procedures for land recovery, allocation, and leasing under the following Decrees:

1. Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and resettlement when the State recovers land (hereinafter referred to as Decree No. 197/2004/NĐ-CP);

2. Decree No. 17/2006/NĐ-CP dated January 27, 2006 of the Government amending and supplementing certain articles of decrees guiding the implementation of the Land Law and Decree No. 187/2004/NĐ-CP on converting state-owned enterprises into joint-stock companies (hereinafter referred to as Decree No. 17/2006/NĐ-CP);

3. Decree No. 84/2007/NĐ-CP dated May 25, 2007 of the Government providing additional provisions on issuing certificates of land use rights, recovering land, exercising land use rights, procedures for compensation, support, and resettlement when the State recovers land, and resolving complaints about land (hereinafter referred to as Decree No. 84/2007/NĐ-CP);

4. Decree No. 69/2009/NĐ-CP dated August 13, 2009 of the Government providing additional provisions on land use planning, land prices, land recovery, compensation, support, and resettlement (hereinafter referred to as Decree No. 69/2009/NĐ-CP).

Article 2. Applicability

1. State management agencies, specialized agencies on natural resources and environment, planning and investment, construction, finance, and other related agencies; cadres of the land administration at communes, wards, and towns.

2. Organizations, community residents, religious institutions, households, individuals within the country; overseas Vietnamese, organizations, and foreign individuals currently using land that will be recovered by the State for national defense, security, national interests, public interest, and economic development purposes (hereinafter collectively referred to as persons whose land is being recovered).

3. Organizations and individuals implementing investment projects; other related organizations and individuals.

Chapter II

COMPENSATION, SUPPORT, AND RESIDENTIAL RELOCATION

Section 1. LAND COMPENSATION

Article 3. Conditions for receiving land compensation

The conditions for persons currently using land to receive land compensation shall be implemented according to the provisions of Clauses 1, 2, 3, 4, 5, 7, 9, 10, and 11 of Article 8 of Decree No. 197/2004/NĐ-CP and Articles 44, 45, and 46 of Decree No. 84/2007/NĐ-CP. Some points in Clause 3 of Article 8 of Decree No. 197/2004/NĐ-CP are specified as follows:

1. Legal documents concerning inheritance, gift, or transfer of land use rights or immovable property attached to the land and documents transferring benevolent houses attached to the land as stipulated in Point c Clause 3 Article 8 include:

a) Inheritance documents as prescribed by law;

b) Gift or transfer documents of real estate with notarization or confirmation by the People's Committee of the commune, ward, town (hereinafter collectively referred to as the People's Committee at the commune level) at the time of gift or transfer;

c) Documents transferring benevolent houses attached to the land issued by the agency or organization transferring the house.

2. Documents concerning liquidation, valuation, purchase of residential houses attached to residential land as stipulated in Point đ Clause 3 Article 8, in this case, must meet the following conditions:

a) The liquidated, valued, or sold house must belong to the State. State-owned houses include: houses taken over from the previous regime, ownerless houses, vacant houses that have been established as State-owned; houses created through state budget investment; houses created with funds originating from the state budget; houses created through a method where the state and people jointly build; other houses belonging to the State.

b) Houses liquidated, valued, or sold by administrative units, public service units, military forces, state-affiliated organizations, and state-owned enterprises before July 5, 1994, or sale documents of residential houses issued by specialized housing management organizations according to Decree No. 61-CP dated July 5, 1994 of the Government on buying and selling and operating housing.

3. Documents issued by competent authorities under the previous regime for persons currently using land as stipulated in Point e Clause 3 Article 8 include:

a) Land lease certificate;

b) Real estate transfer documents (including residential houses and residential land) with certification by an authority under the previous regime;

c) Purchase, gift, exchange, or inheritance documents of residential houses attached to residential land certified by an authority under the previous regime;

d) Will or agreement on division of inheritance of residential houses certified by an authority under the previous regime;

đ) Construction permit or architectural regularization permit issued by an authority under the previous regime;

e) Judgment of the court of the previous regime that has become effective;

g) Other types of documents proving the establishment of residential houses and residential land recognized by the People's Committee of the province where the land is located (hereinafter collectively referred to as the People's Committee at the provincial level).

Article 4. Deduction of Unfulfilled Land Financial Obligations

The deduction of unfulfilled land financial obligations from compensation and support funds as stipulated in Clause 3, Article 14 of Decree No. 69/2009/NĐ-CP shall be specified as follows:

1. Persons who have been compensated and supported but have not fulfilled their land financial obligations for the area of land being expropriated must deduct such obligations from the compensation and support funds (excluding deductions from property compensation funds; relocation support funds, resettlement support funds, livelihood stabilization support funds, production support funds, vocational change support funds, and job creation support funds).

2. Land financial obligations subject to deduction from compensation and support funds include: land use fees, land rental fees for land leased by the State, land transfer tax, income tax from land transfer, fines for violations of land laws, compensation paid to the State for damages caused during land management and use, and fees and charges related to land management and use.

Article 5. Land Value for Compensation Calculation and Remaining Investment Costs in Land

1. The land value for compensation as prescribed in Article 11 of Decree No. 69/2009/NĐ-CP is the land value according to its current use purpose, which is determined and announced annually on January 1st by the provincial People's Committee.

In cases where the land value announced by the provincial People's Committee does not accurately reflect the actual market price of land transfer rights under normal conditions, the provincial People's Committee shall assign competent agencies to re-determine the specific land value to ensure appropriate compensation and not be limited by the framework of land values.

2. Remaining investment costs in land as stipulated in Clause 3, Article 9 of Decree No. 197/2004/NĐ-CP are reasonable actual expenses that land users have invested in land for permitted use purposes, which remain unrecovered at the time of State land expropriation. Investment costs in land must be fully documented with supporting evidence. Remaining investment costs in land are calculated as the total of reasonable actual expenses invested in land minus the amount allocated for the period already used. Remaining investment costs in land include:

a) Land use fees for unused periods in cases of land allocation with a term, prepaid land rental fees for unused periods (with payment receipts);

b) Expenses for land leveling and improvement, suitable for the intended land use purpose. In cases where land is reclaimed and has already been compensated for land, leveling and improvement expenses will not be compensated;

c) Other related expenses.

The provincial People's Committee shall specify the method for determining remaining investment costs in land for cases without documentation of investment expenses, in accordance with local realities.

Article 6. Compensation for Agricultural Land of Households and Individuals

Compensation for agricultural land of households and individuals shall be implemented in accordance with Article 16 of Decree No. 69/2009/NĐ-CP, with some specific provisions as follows:

1. Agricultural land eligible for compensation includes: annual crop land, perennial crop land, productive forest land, aquaculture land, salt-making land, and other agricultural land.

2. For land that has been approved by competent state authorities for protective forest planning or special-use forest planning, and which organizations, households, or individuals have received contracts to enclose and regenerate forests, care for, and protect forests, or plant forests using state budget funds, when the State expropriates such land, they will not be compensated for the land itself, only for crops on the land. The level of compensation is equivalent to the share of products distributed as stipulated in Circular Joint No. 80/2003/TTLT/BNN-BTC dated September 3, 2003, issued by the Ministry of Agriculture and Rural Development and the Ministry of Finance to guide the implementation of Decision No. 178/2001/QĐ-TTg dated November 12, 2001, of the Prime Minister regarding the benefits and obligations of households and individuals granted, leased, or contracted forest land and forestry land.

Article 7. Compensation for residential land

1. Persons whose residential land is expropriated shall be compensated through the allocation of new residential land, resettlement housing, or monetary compensation based on the value of the land use right at the time of the decision to expropriate the land.

Compensation through residential land or resettlement housing shall be implemented when persons whose residential land is expropriated fall under the cases stipulated in Article 18 of this Circular.

2. For those who jointly use residential land as prescribed in Article 15 of Decree No. 197/2004/ND-CP, when the State expropriates land but the land documents do not specify the area of land belonging to each organization, household, or individual, the provincial People's Committee shall guide the acceptance and division of monetary compensation for the land.

Article 8. Compensation for land within safety zones when constructing works with protective safety zones

Compensation for losses due to restricted land usage capacity when the State does not expropriate land as provided for in Clause 2 of Article 16 of Decree No. 197/2004/ND-CP is specified as follows:

1. In cases where the purpose of land use is changed:

a) Changing the purpose of land use from residential land to non-agricultural land that is not residential land, or from residential land to agricultural land, the compensation amount equals the difference between the price of residential land and the price of non-agricultural land (that is not residential land), or between the price of residential land and the price of agricultural land multiplied (x) by the area changed in purpose;

b) Changing the purpose of land use from non-agricultural land (that is not residential land) to agricultural land, the compensation amount equals the difference between the price of non-agricultural land (that is not residential land) and the price of agricultural land multiplied (x) by the area changed in purpose.

2. In cases where there is no change in the purpose of land use (residential houses, structures meeting the conditions to exist within the safety zone of the work) but the usability is limited, monetary compensation according to the actual loss suffered shall be provided. The specific level of compensation shall be decided by the provincial People's Committee to suit local circumstances.

3. When the safety zone of the work occupies more than 70% of the area of land with residential houses or structures of a land user, the remaining area of land shall also be compensated according to the provisions of Clauses 1 and 2 of this Article.

Article 9. Handling cases where organizations are expropriated but not compensated as prescribed in Article 17 of Decree No. 197/2004/ND-CP

Organizations that are state administrative agencies, public service units, or companies with 100% state capital, which have been leased land, allocated land without payment of land use fees, or allocated land with payment of land use fees, or received transfer of land use rights where the land use fee or transfer fee has been paid from the state budget, when the State expropriates the land, they will not be compensated for the land, but will be compensated for the investment costs in the remaining land according to Clause 2 of Article 5 of this Circular if such investment costs do not originate from the state budget. If relocation to a new location is required, financial support will be provided to implement the investment project at the new location approved by the competent authority; the maximum level of support will be equivalent to the compensation amount for the area of land at the location being expropriated.

The organization whose land is expropriated may use this money to pay for compensation and invest at the new location according to the approved project. If this money is not fully utilized for the investment project at the new location, the remaining amount must be deposited into the state budget in accordance with the State Budget Law.

Section 2. COMPENSATION FOR PROPERTY

Article 10. Handling specific cases of compensation and support for houses and constructions

Handling specific cases of compensation and support for houses and constructions as stipulated in Article 20 of Decree No. 197/2004/ND-CP shall be detailed as follows:

1. Houses and other constructions permitted to be built in accordance with laws on construction on land that meets conditions for compensation for land shall be compensated according to Article 24 of Decree No. 69/2009/ND-CP.

2. Houses and other constructions not permitted to be built in accordance with laws on construction but built on land meeting conditions for compensation for land and constructed before July 1, 2004 shall be compensated according to Article 24 of Decree No. 69/2009/ND-CP; if constructed from July 1, 2004 onwards and not in compliance with the land use purpose as prescribed by law, they shall not be compensated. In special cases, the People's Committee of the province shall consider providing specific support for each case in accordance with local realities.

Article 11. Compensation and support for houses and constructions for persons currently using state-owned housing

Compensation and support for houses and constructions for persons currently using state-owned housing shall be implemented according to Article 21 of Decree No. 197/2004/ND-CP and detailed as follows:

1. Clause 1 of Article 21 stipulates that the area of state-owned housing self-improved, repaired, and upgraded shall be considered lawful when permitted by the agency issuing the house allocation decision or the state-owned property management agency at the locality.

2. Clause 2 of Article 21 stipulates that persons currently using state-owned housing that are demolished shall be rented a house at the resettlement site; if there is no resettlement house available, they shall be supported financially to arrange new accommodation, with the support amounting to sixty percent (60%) of the land value and sixty percent (60%) of the rental house value; if there is a resettlement house available but the person does not have a need to rent it, they shall not be supported financially.

Article 12. Compensation for crops and livestock

Compensation for crops and livestock shall be carried out according to Article 24 of Decree No. 197/2004/ND-CP and detailed as follows:

1. The level of compensation for annual crops shall be equal to the harvest value of one (01) harvest season. The harvest value of one (01) harvest season shall be calculated based on the highest yield over three (03) consecutive years prior to the crop's main planting period in the locality, according to the average market price of the same type of agricultural product in the locality at the time of land recovery.

2. Long-term crops including industrial crops, fruit trees, timber trees, leaf trees, and forest trees as defined in Clause 1 of Article 2 of Decree No. 74-CP dated October 25, 1993 of the Government detailing the implementation of the Law on Agricultural Land Tax, when recovered by the State, shall be compensated based on the current value of the orchard, which does not include the value of land use rights. The current value of long-term orchards for compensation purposes shall be determined as follows:

a) For crops in the initial investment cycle or in the basic construction phase, the current value of the orchard shall be the total initial investment cost and maintenance costs up to the date of land recovery, converted into money according to the local market price at the time.

b) For long-term crops harvested once (timber trees) during the harvesting period, the current value of the orchard for compensation purposes shall be calculated by multiplying the quantity of each type of crop by the corresponding selling price per tree of the same type, age, size, or with the same production capacity in the local market at the time of compensation, minus any recoverable value (if applicable).

c) For long-term crops harvested multiple times (such as fruit trees, oil-producing trees, resin-producing trees, etc.) during the harvesting period, the current value of the orchard for compensation purposes shall be the selling price of the orchard in the local market at the time of compensation, minus any recoverable value (if applicable).

d) For long-term crops that have reached their disposal period, only the felling costs for the owner of the orchard shall be compensated.

Initial investment costs, maintenance costs, and felling costs specified in this clause shall be converted into money according to the average local costs specified by the provincial People's Committee for each type of crop.

3. For crops and secondary forest products planted on forest land allocated by the State to households and individuals for afforestation, enclosure, protection, and regeneration of forests, where the land was vacant or barren hills when allocated and the households or individuals invested their own capital to plant forests, they shall be compensated based on the selling price of felled forest trees at the forest gate of the same type in the locality at the time of the land recovery decision, minus any recoverable value (if applicable).

Article 13. Handling of Compensation Money for State-Owned Assets

The use of compensation money for state-owned assets as stipulated in Article 25 of Decree No. 197/2004/NĐ-CP shall be specified as follows:

An organization whose land is expropriated and which has state-managed and used assets that suffer damage and must be relocated to a new location shall use the asset compensation money to invest at the new location according to an investment project approved by the competent authority. This compensation money shall be paid by the entity to which the state has granted land or leased land; if it is not fully utilized, the remaining amount shall be deposited into the state budget.

Section 3. SUPPORT POLICY

Article 14. Support for Stable Livelihoods and Production

The subjects and areas of agricultural land currently being used to determine support for stable livelihoods and production as stipulated in Article 20 of Decree No. 69/2009/NĐ-CP shall be specified as follows:

1. Subjects eligible for support for stable livelihoods and production are households and individuals directly engaged in agricultural production and are defined as follows:

a) Households and individuals to whom the state has allocated agricultural and forestry land when implementing Government Decree No. 64-CP dated September 27, 1993 on the issuance of regulations on allocating agricultural land to households and individuals for long-term, stable use for agricultural production purposes; Government Decree No. 2-CP dated January 15, 1994 on the issuance of regulations on allocating forestry land to organizations, households, and individuals for long-term, stable use for forestry purposes; Government Decree No. 85/1999/NĐ-CP dated August 28, 1999 amending and supplementing certain provisions of the regulations on allocating agricultural land to households and individuals for long-term, stable use for agricultural production purposes and adding the allocation of salt-making land to households and individuals for long-term, stable use; Government Decree No. 163/1999/NĐ-CP dated November 16, 1999 on the allocation and leasing of forestry land to organizations, households, and individuals for long-term, stable use for forestry purposes; Government Decree No. 181/2004/NĐ-CP dated October 29, 2004 on the implementation of the Land Law;

b) Agricultural population within households defined in point a of this clause but born after the time of allocating agricultural land to such households;

c) Households and individuals belonging to the category eligible for allocation of agricultural land as stipulated in point a of this clause but have not yet been allocated agricultural land and are currently using agricultural land received through transfer, inheritance, gift, or reclamation in accordance with the law, confirmed by the People's Committee of the commune where the land to be expropriated is located as directly producing on such agricultural land.

2. The area of agricultural land currently being used by households and individuals as stipulated in Clause 1 of Article 20 of Decree No. 69/2009/NĐ-CP includes the area of annual crop land, perennial crop land, land allocated for planting productive forests, aquaculture land, salt-making land, other agricultural land, and is determined as follows:

a) For agricultural land with land use rights certificates (Land Use Right Certificate, documents prescribed in Clauses 1, 2, and 5 of Article 50 of the Land Law), the area recorded on such documents shall be determined;

b) For agricultural land without land use rights certificates but reflected in the land allocation plan when implementing the provisions of point a of Clause 1 of this Article, the area of agricultural land shall be determined according to such plan;

c) For agricultural land without land use rights certificates or allocation plans as prescribed in points a and b of this Clause, the area shall be determined based on the actual current usage status.

3. When the state expropriates land from economic organizations or production and business households registered for business operations and they cease their production and business activities, they shall be supported up to a maximum of thirty percent (30%) of one (01) year's post-tax income, based on the average income of the three (03) consecutive years prior to that. Post-tax income shall be determined based on the audited financial report or approved by the tax authority; in cases not yet audited or not yet approved by the tax authority, the determination of post-tax income shall be based on the post-tax income declared by the unit in the financial report or annual business operation results report submitted to the tax authority.

Article 15. Determination of Residential Areas for Agricultural Land Support within Residential Areas

1. Residential areas within townships and rural residential areas as defined in Clauses 1 and 2 of Article 21 of Decree No. 69/2009/NĐ-CP shall be determined according to the boundaries of the outermost land plot with housing in villages, hamlets, communes, wards, clusters, and similar residential points.

2. The Provincial People's Committee shall specify the method of determining the boundaries of the outermost land plot with housing as stipulated in Clause 1 of this Article based on the actual conditions at the local level.

Article 16. Support for Occupational Transition and Job Creation

Support for occupational transition and job creation shall be implemented in accordance with Article 22 of Decree No. 69/2009/NĐ-CP and specified as follows:

1. Households and individuals falling under the provisions of Clause 1 of this Article who have their agricultural land expropriated but do not fall under the provisions of Clauses 1 and 2 of Article 21 of Decree No. 69/2009/NĐ-CP shall be supported for occupational transition and job creation.

2. The application of support for occupational transition and job creation through one (01) residential land plot or one (01) apartment unit or one (01) non-agricultural production and business land plot shall only be implemented once when the following conditions are met:

a) The household or individual receiving support requests a residential land plot or apartment unit or non-agricultural production and business land plot;

b) The locality has sufficient residential land and housing funds;

c) The amount of support for occupational transition and job creation as stipulated in Point a, Clause 1 of Article 22 of Decree No. 69/2009/NĐ-CP must be equal to or greater than the value of one (01) residential land plot or the price of one (01) apartment unit or the value of one (01) non-agricultural production and business land plot.

3. The opinions of individuals whose agricultural land is being expropriated regarding training and occupational transition plans shall be collected simultaneously with those regarding compensation, support, and resettlement plans. The method of collecting opinions shall be carried out as stipulated in Clause 2 of Article 30 of Decree No. 69/2009/NĐ-CP.

Article 17. Support for Individuals Renting Houses Not Owned by the State

Support for individuals renting houses not owned by the state as stipulated in Article 30 of Decree No. 197/2004/NĐ-CP is specified as follows:

Households and individuals currently leasing houses not owned by the state, when the state expropriates land and they need to move to a new residence, shall be provided relocation expenses as stipulated in Clauses 1 and 4 of Article 18 of Decree No. 69/2009/NĐ-CP.

Section 4. RELOCATION

Article 18. Cases Eligible for Resettlement

Households and individuals whose residential land is expropriated by the state shall be eligible for resettlement in the following cases:

1. Households and individuals who must relocate due to the expropriation of all residential land and have no other place to live within the commune, ward, or township where the land was expropriated (except in cases where households and individuals do not require resettlement).

2. Households and individuals whose remaining residential land area after expropriation does not meet the living conditions set by the provincial people's committee and have no other place to live within the commune, ward, or township where the land was expropriated.

3. Households and individuals using residential land within a safety zone for public works construction that requires relocation and have no other place to live within the commune, ward, or township where the land was expropriated.

4. In cases where there are multiple generations (multiple couples) living together in a household and meeting the conditions for separation or multiple households sharing one (01) residential land plot that is expropriated, the provincial people's committee shall determine the area of land and housing based on the actual conditions at the local level to arrange for resettlement.

Article 19. Resettlement Arrangements

The resettlement arrangements shall be implemented in accordance with the provisions of Article 34 of Decree No. 197/2004/ND-CP and are specified as follows:

1. Publicize the resettlement plan; for projects that already have a resettlement area, households and individuals eligible for resettlement shall be allowed to view the proposed resettlement location before moving there.

2. The land price for calculating land use fees at the resettlement location shall be determined by the People's Committee of the province in accordance with the Government's regulations on methods for determining land prices and price ranges for different types of land. The selling price of resettlement housing shall be determined by the People's Committee of the province based on the cost of housing investment and local conditions. The rental price of housing shall be determined by the People's Committee of the province to suit local conditions.

Households and individuals assigned land, purchasing houses, or renting houses at the resettlement location must pay land use fees, house purchase fees, and house rental fees in accordance with the law and such payments shall be deducted from compensation and support funds; if there is a difference, the excess amount shall be settled according to the regulations, except in cases where resettlement support is provided as stipulated in Clause 1 of Article 19 of Decree No. 69/2009/NĐ-CP.

Section 5. ORGANIZATION OF IMPLEMENTATION OF COMPENSATION, SUPPORT AND RESettLEMENT

Article 20. Overall Plan on Compensation, Support and Resettlement

1. The overall plan on compensation, support and resettlement is part of the investment project prepared by the investor and approved together with the approval of the investment project; in cases where the investment project does not need to be reviewed by state authorities or does not require an Investment Certificate, the People's Committee of the district where the land is located shall be responsible for reviewing and approving the overall plan on compensation, support and resettlement. Organizations tasked with compensation and clearance shall assist the investor in preparing the overall plan on compensation, support and resettlement.

2. The contents of the overall plan on compensation, support and resettlement include:

a) The area of various types of land expected to be recovered;

b) The total number of people using land in the area expected to be recovered;

c) The estimated compensation and support amounts;

d) The resettlement arrangement (expected needs, locations, forms of resettlement);

đ) The estimated time and relocation plan.

Article 21. Separation of Compensation, Support and Resettlement Content into Separate Sub-Projects

The separation of compensation, support and resettlement content into separate sub-projects and independent implementation shall be carried out in accordance with Clause 1 of Article 33 of Decree No. 69/2009/NĐ-CP and specified as follows:

1. The timing for separating the compensation, support and resettlement content into separate sub-projects is the time of project approval or acceptance.

2. After approval, the sub-project on compensation, support and resettlement shall be independently implemented but must ensure the progress requirements of the investment project.

Article 22. Review and Delegation of Approval of Compensation, Support and Resettlement Plans

The review and approval of compensation, support and resettlement plans shall be carried out in accordance with Articles 30 and 31 of Decree No. 69/2009/NĐ-CP, with some specific contents as follows:

1. Organizations tasked with compensation and clearance shall prepare the compensation, support and resettlement file including:

a) The completed compensation, support and resettlement plan in accordance with Clause 3 of Article 30 of Decree No. 69/2009/NĐ-CP;

b) A summary of contributions and comments from those whose land is being recovered.

2. The compensation, support and resettlement file specified in Clause 1 of this provision shall be submitted to the Department of Natural Resources and Environment in cases where land recovery involves two (02) districts, counties, towns, cities under provinces or more; submitted to the District Office of Natural Resources and Environment in cases where land recovery is within one (01) administrative unit at the district level.

3. The review contents include:

a) Name and address of the person whose land is being recovered;

b) Area, type, location, origin of the land being recovered; quantity, volume, percentage quality remaining of damaged assets;

c) Basis for calculating the compensation and support amounts such as land price for compensation, house and construction price for compensation, number of household members, number of laborers of working age, number of people receiving social allowances;

d) Amount of compensation and support;

đ) Resettlement arrangements;

e) Relocation of state-owned facilities, organizational facilities, religious community facilities, and community facilities;

g) Relocation of graves.

4. The budget for preparing and reviewing the compensation, support and resettlement plan of the project shall be funded from the budget allocated for organizing the implementation of compensation, support and resettlement when the State recovers land as stipulated in Article 26 of Decree No. 69/2009/NĐ-CP.

5. Based on local conditions and the nature and scale of the project, the Provincial People's Committee may delegate the approval of the compensation, support and resettlement plan to the District People's Committee to ensure prompt and effective compensation, support and resettlement.

Article 23. Hiring to implement compensation and land clearance services

The hiring of enterprises and organizations with the function of implementing compensation and land clearance services as stipulated in Clause 3, Article 25 of Decree No. 69/2009/NĐ-CP shall be carried out as follows:

1. Compensation and land clearance services include:

a) Surveying, mapping current status; extracting land registry maps, copying land administration files (in cases where there is no land registry map or the existing land registry map has been altered and is no longer suitable for the current status, then surveying and preparing land parcel files);

b) Preparing plans for compensation, support, and resettlement;

c) Establishing and implementing projects to build resettlement areas;

d) Other services related to compensation, support, and resettlement.

2. In cases where a Compensation, Support, and Resettlement Council at the district level is established, the hiring of enterprises and organizations with the function of implementing compensation and land clearance services shall be carried out according to the following regulations:

a) The district-level Compensation, Support, and Resettlement Council shall issue a written request to the People's Committee at the district level to decide on the hiring of enterprises and organizations with the function of implementing compensation and land clearance services;

b) Enterprises and organizations with the function of implementing compensation and land clearance services must meet the conditions prescribed by law.

Section 6. EXPENSES FOR ORGANIZING AND IMPLEMENTING COMPENSATION, SUPPORT, RESettLEMENT, AND FORCED LAND ACQUISITION

Article 24. Budget for expenses for organizing and implementing compensation, support, resettlement, and forced land acquisition

1. The budget for expenses for organizing and implementing compensation, support, and resettlement is prepared by the organization responsible for compensation and land clearance and includes the following contents:

a) Expenses for propaganda and dissemination of decisions on land recovery and legal provisions on compensation when the State recovers land; organizing mobilization of affected parties to implement land recovery decisions and conducting surveys and investigations on economic and social conditions, current land status, and assets within the project scope;

b) Expenses for inventorying and assessing actual losses of land and assets including: distributing declaration forms, guiding affected parties to declare losses; measuring land area, inventorying quantity and value of houses, structures, crops, and other assets lost due to State land recovery from each organization, household, and individual; checking and comparing declarations with inventory results, determining loss levels for specific affected parties; calculating the value of losses in land, houses, structures, crops, and other assets;

c) Expenses for preparing compensation, support, and resettlement plans including: preparing compensation plans from initial calculation of compensation indicators, approving compensation plans, publicly posting compensation, support, and resettlement plans;

d) Expenses for reviewing compensation, support, and resettlement plans;

đ) Inspecting and guiding implementation of compensation regulations, resolving issues in compensation work, and organizing payment of compensation;

e) Renting office space and equipment for the organization responsible for compensation and land clearance and the review agency (if any);

g) Expenses for printing and office supplies;

h) Expenses for paying wages and social insurance for hired labor to carry out compensation, support, and resettlement work;

i) Other expenses directly related to organizing and implementing compensation, support, and resettlement.

2. The competent authority approving the compensation plan shall approve the budget and decide on the funding for organizing and implementing compensation, support, and resettlement according to Clause 2, Article 26 of Decree No. 69/2009/NĐ-CP.

3. In cases where forced land recovery is necessary, the organization responsible for compensation and land clearance shall prepare a budget for organizing and implementing forced recovery and submit it to the competent authority approving the compensation plan for decision. The cost of organizing and implementing forced land recovery is included in the project investment capital.

4. The organization responsible for compensation and land clearance may advance funds for organizing and implementing compensation, support, and resettlement to fulfill assigned tasks. Settlement of funds for organizing and implementing compensation, support, and resettlement shall be carried out in accordance with the law.

Chapter III

PROCEDURES AND FORMALITIES FOR LAND RECOVERY, ALLOCATION, AND LEASE

Article 25. Procedures for land recovery, allocation, and leasing

The procedures for land recovery, allocation, and leasing shall be carried out in accordance with Articles 29, 30, and 31 of Decree No. 69/2009/NĐ-CP; some specific contents are detailed in Articles 26, 27, 28, and 29 of this Circular.

Article 26. Notice of Land Recovery

1. Based on the results of processing investment files, the Provincial People's Committee or the District People's Committee (upon authorization) issues a notice of land recovery; the notice of land recovery must include the following contents:

a) The contents stipulated in Clause 2 of Article 29 of Decree No. 69/2009/NĐ-CP;

b) Assigning tasks to the organization responsible for compensation, clearance, and resettlement to carry out compensation, support, and resettlement;

c) Permitting the investor to conduct surveys and prepare an investment project.

2. The notice of land recovery issued by the Provincial People's Committee or the District People's Committee serves as a legal basis for the organization responsible for compensation, clearance, and resettlement and the investor to implement the contents specified in points b and c of Clause 1 of this Article.

Article 27. Content of Review and Confirmation of Land Usage Needs

The review and confirmation of land usage needs as stipulated in Clause 2 of Article 27 of Decree No. 69/2009/NĐ-CP are specified as follows:

1. Content of reviewing land usage needs for investment projects:

a) Evaluation of compliance with land use planning and land use plans that have been approved by competent state authorities; in cases where there is no approved land use plan or land use plan, evaluation of compliance with urban construction planning or rural residential area construction planning that have been approved by competent state authorities.

b) Evaluation of the project's land usage requirements according to current regulations on land usage standards and quotas. For types of projects without prescribed land usage standards and quotas, the reviewing authority evaluates based on the scale, nature of the project, and the local land fund availability.

2. Content of confirming land usage needs for cases not requiring the establishment of an investment project as specified in point a of Clause 1 of this Article, and requirements regarding land usage area, purpose, and local land fund availability.

Article 28. Documents for Land Allocation and Leasing

1. Organizations requesting land allocation or leasing for investment projects must prepare documents and submit two (02) copies to the Department of Natural Resources and Environment; the documents include:

a) A request (letter) for land allocation or leasing;

b) An investment project that has been reviewed and approved;

In cases of implementing exploration, mining, construction materials, and ceramic projects, a permit from the competent state authority as prescribed by law must be provided.

In cases of requesting land allocation for national defense and security purposes, an investment decision document for national defense and security construction projects from the competent state authority, including relevant contents related to land usage or a decision approving the location planning for the Ministry of Defense and the Ministry of Public Security, must be submitted instead of an investment project.

c) Extracts or cadastral survey records of the land area;

d) A compensation, support, and resettlement plan that has been reviewed; if the compensation, support, and resettlement plan falls within the approval authority of the Provincial People's Committee, the review of the compensation, support, and resettlement plan will be conducted concurrently with the review of the land allocation and leasing documents.

The Department of Natural Resources and Environment reviews the land allocation and leasing documents to submit to the Provincial People's Committee for decision.

2. For cases of land allocation and leasing within the authority of the District People's Committee, the applicant prepares documents and submits two (02) copies to the District Office of Natural Resources and Environment; the documents include:

a) Application for land allocation and leasing;

b) A letter confirming land usage needs from the Commune People's Committee;

c) Extracts or cadastral survey records of the land area;

d) A compensation, support, and resettlement plan.

The District Office of Natural Resources and Environment reviews the land allocation and leasing documents concurrently with the review of the compensation, support, and resettlement plan to submit to the District People's Committee for decision.

Article 29. Provisions on land handover

1. When receiving compensation, support, and resettlement funds, the person whose land is being expropriated shall be responsible for submitting (original copies) of documents regarding land use rights and ownership certificates of attached assets (if any) to the organization tasked with compensation and clearance for the natural resources and environment agency to process the procedures for land recovery, rectification, or issuance of certificates for the non-expropriated land area.

2. Within a period not exceeding twenty (20) days from the date of completion of compensation payment, the person whose land is being expropriated must hand over the land to the organization tasked with compensation and clearance.

The handover of land between the organization tasked with compensation and clearance and the person whose land is being expropriated must be recorded in a protocol and confirmed by the People's Committee of the commune where the land is located. In cases where the person entitled to compensation authorizes another person to receive the compensation money, a power of attorney in accordance with the law must be provided.

Chapter IV

IMPLEMENTATION

Article 30. Implementation Provisions

1. This Circular takes effect from November 16, 2009.

2. This Circular replaces the following circulars:

a) Circular No. 116/2004/TT-BTC dated December 7, 2004 of the Ministry of Finance guiding the implementation of Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and resettlement when the State expropriates land;

b) Circular No. 69/2006/TT-BTC dated August 2, 2006 of the Ministry of Finance amending and supplementing Circular No. 116/2004/TT-BTC dated December 7, 2004 guiding the implementation of Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and resettlement when the State expropriates land.

3. Abolish Part VII and Part IX of the Joint Circular No. 14/2008/TTLT/BTC-BTNMT dated January 31, 2008 of the Ministry of Finance and the Ministry of Natural Resources and Environment guiding the implementation of certain provisions of Decree No. 84/2007/NĐ-CP dated May 25, 2007 of the Government providing supplementary regulations on the issuance of Land Use Right Certificates, land recovery, land use rights exercise, procedures for compensation, support, and resettlement when the State expropriates land, and resolution of land disputes.

4. Responsibilities of the provincial People's Committees:

a) Specific provisions on the mechanism for coordination and information provision among natural resources and environment agencies, investment planning agencies, construction agencies, financial agencies, other relevant agencies, People's Committees at district level, and People's Committees at commune level in the implementation of compensation, support, and resettlement; procedures for land recovery, land allocation, and land leasing for administrative reform under the "one-stop" mechanism;

b) Specific provisions on the time frame for implementing each step in the procedures for land recovery, land allocation, and land leasing to align with the deadline for land recovery announcement stipulated in Clause 2, Article 39 of the Land Law;

c) Establishment of a Land Development Fund Organization; in cases where localities already have organizations performing tasks related to compensation and clearance that are not Land Development Fund Organizations, they shall be converted into Land Development Fund Organizations.

5. The Director of the Land Management General Department shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

During the implementation of this Circular, if there are any difficulties, the People's Committees of provinces and centrally-administered cities shall promptly report to the Ministry of Natural Resources and Environment for guidance on resolution./.