Decree No. 151/TTg on temporary regulations regarding the requisition of farmland

DECREE

OF THE COUNCIL OF MINISTERS NUMBER 151/TTG DATE APRIL 14, 1959 REGULATING TEMPORARILY THE USE OF LAND FOR CONSTRUCTION

PRIME MINISTER

- AT THE PROPOSAL OF THE CHAIRMAN OF THE NATIONAL PLANNING COMMISSION AND THE MINISTER OF INTERNAL AFFAIRS.

- BASED ON THE RESOLUTION OF THE STANDING SESSION OF THE COUNCIL OF MINISTERS ON DECEMBER 17, 1958.

DECREE

Article 1. TO MEET THE NEEDS OF STATE CONSTRUCTION WHILE ENSURING ADEQUATE COMPENSATION FOR THE RIGHTS AND LIVING CONDITIONS OF LANDOWNERS, THE FOLLOWING TEMPORARY REGULATIONS ON THE USE OF NECESSARY LAND FOR STATE MANAGED PROJECTS ARE NOW ESTABLISHED:

FOR LOCAL BENEFIT PROJECTS BUILT BY THE LOCALITY, THE ACQUISITION OF LAND SHALL BE HANDLED BY THE LOCAL AUTHORITY IN COORDINATION WITH THE INTERESTED PARTIES THROUGH MUTUAL NEGOTIATION AND AGREEMENT.

PART I

GENERAL PRINCIPLES, LIMITS AND PROCEDURES FOR THE USE OF LANDFOR THE ACQUISITION OF LAND

Article 2. THE ACQUISITION OF LAND FROM THE PEOPLE FOR THE CONSTRUCTION OF STATE MANAGED PROJECTS MUST BE BASED ON THE FOLLOWING PRINCIPLES:

a) ENSURE TIMELY AND SUITABLE AREA REQUIREMENTS FOR THE CONSTRUCTION PROJECT, WHILE PROVIDING ADEQUATE COMPENSATION AND CARE FOR THE RIGHTS AND LIVING CONDITIONS OF LANDOWNERS. LANDOWNERS WHOSE LAND IS ACQUIRED SHALL BE COMPENSATED AND ASSISTED IN FINDING NEW SOURCES OF INCOME IF NECESSARY.

b) ONLY THE NECESSARY AMOUNT OF LAND SHALL BE ACQUIRED, WITHOUT EXCESSIVE ACQUISITION. EVERY EFFORT SHALL BE MADE TO SAVE ARABLE LAND AND UTILIZE WASTELAND TO MINIMIZE THE NEED FOR ACQUIRING PEASANT LAND. GENERALLY, LAND SHALL BE TRANSFERRED ONLY WHEN THE CONSTRUCTION WORK BEGINS, NOT BEFORE. FOR LAND THAT IS STILL UNDER CULTIVATION, EFFORTS SHALL BE MADE TO ALLOW HARVESTING BEFORE TRANSFER.

c) EVERY EFFORT SHALL BE MADE TO AVOID POPULOUS AREAS, WAR HEROES' CEMETERIES, CHURCHES, TEMPLES, AND SHRINES. IN SPECIAL CASES WHERE ACQUISITION IS NECESSARY IN THESE AREAS, CAREFUL DISCUSSION WITH LOCAL CITIZENS SHALL BE REQUIRED. SCENIC SPOTS WITHIN THE CONSTRUCTION AREA SHALL BE PRESERVED AND PROTECTED. IN SPECIAL CASES WHERE THIS IS NOT POSSIBLE, APPROVAL FROM THE MINISTRY OF CULTURE IS REQUIRED.

Article 3. AFTER DISCUSSING WITH THE LOCAL ADMINISTRATION, AGRICULTURAL UNION, AND LANDOWNERS, THE AUTHORITY SEEKING TO ACQUIRE LAND SHALL SUBMIT A PROPOSAL TO THE AUTHORIZED BODY FOR DECISION ON ACQUISITION. THE AUTHORITIES WITH AUTHORITY TO DECIDE ON ACQUISITION OF LAND FOR CONSTRUCTION ARE:

- FOR PROJECTS REQUIRING 10 MU OR MORE OF LAND OR INVOLVING THE REMOVAL OF 20 HOUSEHOLDS OR MORE, THE ACQUISITION MUST BE REVIEWED BY THE NATIONAL PLANNING COMMISSION (OR THE MINISTRY OF NATIONAL DEFENSE FOR MILITARY PROJECTS) AND REPORTED TO THE PRIME MINISTER FOR DECISION.

- FOR PROJECTS REQUIRING LESS THAN 10 MU OF LAND OR INVOLVING THE REMOVAL OF FEWER THAN 20 HOUSEHOLDS, THE DECISION SHALL BE MADE BY THE PROVINCE, CITY, OR REGIONAL ADMINISTRATION.

IN CASES OF EMERGENCY SUCH AS FLOOD CONTROL, DROUGHT MITIGATION, OR DEFENSE, THE PROVINCE, CITY, OR REGIONAL ADMINISTRATION, AND THE MILITARY COMMAND OF THE MILITARY ZONE MAY ISSUE ORDERS TO ACQUIRE LAND FROM THE PEOPLE TO IMMEDIATELY MEET CRITICAL NEEDS AND WILL SUBSEQUENTLY COMPLETE THE NECESSARY PROCEDURES.

Article 4. LANDOWNERS WHOSE LAND IS TO BE ACQUIRED MUST BE NOTIFIED TWO MONTHS IN ADVANCE TO ALLOW FOR MOVING, EXCEPT IN CASES OF EMERGENCY OR CRITICAL NEEDS FOR CONSTRUCTION PROJECTS APPROVED BY THE PROVINCE, CITY, OR REGIONAL ADMINISTRATION, IN WHICH CASE THE NOTICE PERIOD MAY BE SHORTER.

Article 5. ACQUIRED LAND BECOMES THE PROPERTY OF THE STATE.

IF ACQUIRED LAND IS NO LONGER USED FOR CONSTRUCTION DUE TO ANY REASON, THE ACQUIRING AUTHORITY MAY NEGOTIATE TO RETURN ALL OR PART OF THE LAND TO THE ORIGINAL LANDOWNER.

IF THE REMAINING LAND LEFT TO THE DISPLACED LANDOWNER IS INSUFFICIENT FOR CONTINUING THEIR LIVELIHOOD AND THEY DESIRE TO MOVE ELSEWHERE, UPON THEIR REQUEST, THE PROVINCE, CITY, OR REGIONAL ADMINISTRATION MAY APPROVE THE ACQUISITION OF THE REMAINING LAND.

Chapter II

COMPENSATION FOR LANDOWNERS WHOSE LAND IS ACQUIRED

Article 6. THE LOCAL ADMINISTRATION, REPRESENTATIVES OF THE AGRICULTURAL UNION, THE AUTHORITY SEEKING TO USE THE LAND, AND THE LANDOWNER OR THEIR REPRESENTATIVE SHALL DISCUSS COMPENSATION FOR THE LANDOWNER WHOSE LAND IS ACQUIRED AND PROPOSE A SOLUTION BASED ON THE FOLLOWING PRINCIPLES; THE PROPOSAL SHALL BE REPORTED TO THE PROVINCE, CITY, OR REGIONAL ADMINISTRATION FOR DECISION.

a) THE BEST WAY TO COMPENSATE IS TO ENCOURAGE FARMERS TO ADJUST OR YIELD OTHER LAND TO THE DISPLACED LANDOWNER SO THAT THEY CAN CONTINUE PRODUCTION.

b) IF THIS IS NOT POSSIBLE, COMPENSATION SHALL BE IN THE FORM OF A SUM OF MONEY EQUAL TO 1 TO 4 YEARS OF THE ANNUAL YIELD OF THE ACQUIRED LAND. THE LEVEL OF COMPENSATION SHALL BE BASED ON LOCAL REALITY: THE LIVING CONDITIONS OF THE PEOPLE, THE AMOUNT AND QUALITY OF THE LAND. FOR LAND USED FOR ROAD REPAIRS, DAMS, ETC., THE COMPENSATION LEVEL SHALL BE BASED ON THE DEPTH OF DIGGING AND THE REDUCTION IN YIELD, BUT NOT EXCEEDING 2 YEARS OF ANNUAL YIELD. IF THE ACQUIRED LAND IS USED FOR FRUIT TREES OR PERENNIAL CROPS, THE COMPENSATION SHALL BE HIGHER THAN FOR OTHER CROPS.

c) IF HOUSES OR WELLS NEED TO BE MOVED, THE OWNER SHALL BE ASSISTED IN BUILDING REPLACEMENTS.

d) CROPS ALREADY PLANTED BUT NOT HARVESTED THAT MUST BE DESTROYED ON ACQUIRED LAND SHALL BE COMPENSATED APPROPRIATELY.

đ) IN CASES WHERE IT IS NECESSARY TO ACQUIRE LAND FOR RELIGIOUS RITES, REPLACEMENT LAND SHALL BE PROVIDED. IF NO LAND IS AVAILABLE, DISCUSSIONS SHALL BE HELD WITH REPRESENTATIVES OF RELIGIOUS ORGANIZATIONS AND BELIEVERS TO ARRANGE COMPENSATION.

e) IF THE ACQUIRED LAND BELONGS TO A RURAL COOPERATIVE, THE ISSUE OF COMPENSATION SHALL BE DISCUSSED AT THE COOPERATIVE MEMBERS' MEETING OR THE MEETING OF DELEGATES. IF THE MEETING CONCLUDES THAT THE ACQUISITION CAN BE ARRANGED WITHOUT IMPACTING THE LIVING CONDITIONS OF COOPERATIVE MEMBERS AND WITHOUT NECESSITY OF COMPENSATION OR ONLY PARTIAL COMPENSATION, THE PROVINCE, CITY, OR REGIONAL ADMINISTRATION SHALL DECIDE ON COMPENSATION BASED ON THIS CONCLUSION.

Article 7. When it is necessary to reclaim state land that is being used by the people, the agency requiring the land must inform the users of the land in advance before the planting season. If prior notice cannot be given and immediate requisition is required, the agency requiring the land must compensate the affected individuals for seed costs and labor expenses for planting and cultivation, and if necessary, provide assistance to enable them to continue production and livelihood.

Article 8. In cases where there are graves on the land intended for construction that need to be relocated, the agency requiring the land must notify the owners of the graves, set a deadline for their relocation, and based on specific circumstances and local customs, provide a reasonable amount of money as relocation expenses. If the graves have no known owners, the agency using the land must carefully relocate them.

Article 9. Apart from the land used for construction, if temporary land is needed for stacking materials, constructing transport routes, etc., the construction agency must negotiate with the landowners.

Article 10. The compensation for requisitioned land shall be paid by the agency requiring the land to the landowner or their legal representative or heir.

Chapter III

GENERAL PROVISIONS

Article 11. The State Planning Commission and the Ministry of Home Affairs shall specify the details for implementing this Decree.

Article 12. The regulations regarding land requisition established in this Decree shall apply in the plains and midlands regions. In autonomous regions, the land requisition regulations will be determined by the Autonomous Region Administrative Committee based on the general principles outlined in this Decree, and submitted to the Prime Minister for approval.

Until separate regulations are established in autonomous regions, land requisition in autonomous areas shall be handled based on the specific conditions of the locality and in accordance with these general regulations to ensure fairness.

Article 13. Previous regulations contrary to this Decree are abolished.

Article 14. The Chairmen of the State Planning Commission and the Minister of Home Affairs are responsible for enforcing this Decree.