Decree No. 197/2004/ND-CP On Compensation, Support, and Resettlement when the State Recovers Land

DECREE OF THE GOVERNMENT

On compensation, support, and resettlement when the State recovers land

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Land Law dated November 26, 2003;

At the proposal of the Minister of Finance,

DECREE:

PART I

General Provisions

Article 1. Scope of Regulation

1. This Decree stipulates on compensation, support, and resettlement when the State recovers land for use in national defense, security, national interests, public interest, and economic development purposes as prescribed in Article 36 of Government Decree No. 181/2004/NĐ-CP dated October 29, 2004, on the implementation of the Land Law.

2. For projects using official development assistance (ODA) funds, if the compensation, support, and resettlement requirements of the financier differ from the provisions of this Decree, the project management agency must report to the Prime Minister for examination and decision before signing international agreements.

In cases where international treaties that Vietnam has signed or acceded to have different provisions from those in this Decree, the provisions of such international treaties shall apply.

3. Cases not within the scope of application of this Decree:

a) Community construction and renovation of facilities serving the common interests of the community funded by contributions from the people or state support;

b) When the State recovers land not within the scope prescribed in Clause 1 of this Article.

Article 2. Applicability

1. Organizations, community groups, religious institutions, households, individuals within the country, overseas Vietnamese, foreign organizations, and individuals currently using land that will be recovered by the State (hereinafter referred to collectively as the land recovery subjects).

2. The land recovery subjects, whose property attached to the recovered land suffers damage, are entitled to compensation for land and property, and support and resettlement as prescribed in this Decree.

3. The State encourages landowners and property owners within the scope of land recovery to voluntarily donate part or all of their land and property to the State for use in the purposes specified in Clause 1 of Article 1 of this Decree.

Article 3. Payment of Compensation, Support, and Resettlement

1. The State organizes the implementation of compensation, support, and resettlement and clearance of land:

a) Organizations granted land by the State without payment of land use fees shall include the compensation, support, and resettlement payments and the costs of organizing such activities as prescribed in this Decree in the project's investment capital;

b) Organizations and individuals granted land with payment of land use fees or leased land shall be responsible for paying the compensation, support, and resettlement payments and the costs of organizing such activities as prescribed in this Decree in advance and shall be allowed to deduct these payments from the land use fees or lease fees payable;

c) Foreign organizations and individuals and overseas Vietnamese investing in Vietnam shall not be required to pay compensation, support, and resettlement; in cases where such payments have been made, they may deduct the amount paid from the land use fees or lease fees payable.

2. The costs of compensation, support, and resettlement shall be determined as a separate item in the total investment capital of the project.

Article 4. Resettlement

When the State recovers land according to the provisions of this Decree and the users of the land must move to new residences, they shall be resettled through one of the following methods:

1. Compensation in the form of housing.

2. Compensation in the form of allocation of new residential land.

3. Compensation in the form of money to arrange new residence.

Article 5. Compensation and Support

Compensation and support for land users when the State expropriates land in accordance with this Decree shall be regulated as follows:

1. Compensation or support for the entire area of land expropriated by the State.

2. Compensation or support for existing assets attached to the land and investment costs in the land being expropriated by the State.

3. Support for relocation, support for stabilizing living conditions, vocational training support, and other support for those whose land is expropriated.

4. Support to stabilize production and living conditions at the new resettlement area.

Chapter II

Land compensation

Article 6. Principles of compensation

1. Those whose land is expropriated by the State and meet the conditions stipulated in Article 8 of this Decree shall be entitled to compensation; if they do not meet the conditions for compensation, the provincial People's Committee (hereinafter referred to as the provincial People's Committee) shall consider providing support.

2. If the person whose land is expropriated is currently using the land for a specific purpose, they will be compensated by being allocated new land for the same purpose; if there is no land available for compensation, they will be compensated based on the value of the land use right at the time of the decision to expropriate; in cases where compensation is provided through allocation of new land or houses, any difference in value must be settled in cash.

3. In cases where land users are entitled to compensation when the State expropriates land but have not fulfilled their financial obligations regarding land according to the law, the amount due for fulfilling these obligations must be deducted from the compensation and support amounts to repay the state budget.

Article 7. Cases of Expropriation Without Compensation

1. Land users who do not meet the conditions stipulated in Article 8 of this Decree.

2. Organizations that have been granted land by the State without payment of land use fees, granted land by the State with payment of land use fees where the land use fee originates from the state budget, leased land by the State with annual rent payments, or received transfer of land use rights where the payment for receiving the transfer originated from the state budget.

3. Land that is expropriated under one of the circumstances specified in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Article 38 of the Land Law 2003.

The handling of land use fees, land rental fees, and assets invested on the land that is expropriated as stipulated in this clause shall be carried out in accordance with Clause 3 of Article 34 and Article 35 of Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on the implementation of the Land Law.

4. Agricultural land used by the community.

5. Agricultural land used for public purposes of communes, wards, and towns.

6. Those whose land is expropriated by the State and meet the conditions stipulated in Article 8 of this Decree but fall under one of the circumstances specified in Clauses 1, 2, 3, 4, and 5 of this Article.

Article 8. Conditions for Entitlement to Land Compensation

Those whose land is expropriated by the State and meet one of the following conditions shall be entitled to compensation:

1. Possessing a certificate of land use rights in accordance with the laws on land.

2. Having a land allocation decision issued by a competent state agency in accordance with the laws on land.

3. Households and individuals currently using land stably, confirmed by the commune-level People's Committee (hereinafter referred to as the commune-level People's Committee) to have no disputes and possessing one of the following types of documents:

a) Documents concerning the right to use land before October 15, 1993, issued by competent authorities during the implementation of land policies by the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the Socialist Republic of Vietnam.

b) Temporary certificates of land use rights issued by competent state agencies or listed in the land registration books or land records.

c) Legal documents concerning inheritance, gift, or transfer of land use rights or assets attached to the land; documents concerning the transfer of land and houses.

d) Documents concerning the transfer of land use rights or sale of houses attached to residential land before October 15, 1993, now confirmed by the commune-level People's Committee to be land used before October 15, 1993.

đ) Documents concerning the liquidation, valuation, purchase of houses attached to residential land in accordance with the law.

e) Documents issued by authorities under the previous regime to land users.

4. Households and individuals currently using land possessing one of the types of documents stipulated in Clause 3 of this Article, where the name on the document is different from the current user, accompanied by a document on the transfer of land use rights signed by all parties involved, but the transfer procedures have not been completed according to the law by the time of the expropriation decision, now confirmed by the commune-level People's Committee to have no disputes.

5. Households and individuals currently using land with permanent residence registration in the locality and directly engaged in agricultural, forestry, aquaculture, or salt-making activities in areas with difficult economic and social conditions in mountainous regions and islands, now confirmed by the commune-level People's Committee where the land is located to be stable land users without disputes.

6. Households and individuals currently using land without the types of documents stipulated in Clauses 1, 2, and 3 of this Article, but the land has been used stably since before October 15, 1993, now confirmed by the commune-level People's Committee to have no disputes.

7. Households and individuals using land in accordance with court judgments or decisions, enforcement decisions of enforcement agencies, or decisions resolving land disputes by competent state agencies that have been implemented.

8. Households and individuals using land without the types of documents stipulated in Clauses 1, 2, and 3 of this Article, but the land has been used from October 15, 1993, to the time of the expropriation decision, and at the time of use did not violate planning regulations, did not encroach upon protective zones of facilities approved and publicly announced, were not illegally occupied, and are confirmed by the commune-level People's Committee where the land is located to have no disputes.

9. Households and individuals currently using land that was previously subject to management decisions by the State during the implementation of the State's land policy, but in reality, the State has not managed such land, while these households and individuals continue to use it.

10. Communities currently using land with communal structures such as pagodas, temples, churches, shrines, hermitages, ancestral halls, and clan houses, which have been confirmed by the People's Committee of the commune where the land is located to be collectively used by the community and without disputes.

11. Organizations using land in the following cases:

a) Land granted by the State for a fee, where the land use fee paid does not originate from the State budget;

b) Land transferred from a lawful land user, where the transfer payment does not originate from the State budget;

c) Land used with a legal origin from households or individuals.

Article 9. The land price for compensation and investment costs in remaining land

1. The land price for compensation purposes is the land price according to its current use at the time of the land expropriation decision published by the provincial People's Committee in accordance with the Government's regulations; compensation shall not be provided based on the price of land intended for a different use.

2. In cases of delayed compensation, the following provisions apply:

a) Delayed compensation caused by the responsible agency or organization for compensation, if the land price at the time of compensation announced by the provincial People's Committee is higher than the land price at the time of the expropriation decision, then compensation shall be provided based on the land price at the time of payment; if the land price at the time of compensation is lower than the land price at the time of the expropriation decision, then compensation shall be provided based on the land price at the time of the expropriation decision;

b) Delayed compensation caused by the person whose land is being expropriated, if the land price at the time of compensation is lower than the land price at the time of the expropriation decision, then compensation shall be provided based on the land price at the time of compensation; if the land price at the time of compensation is higher than the land price at the time of the expropriation decision, then compensation shall be provided based on the land price at the time of the expropriation decision.

3. Investment costs in remaining land include actual costs incurred by the land user for investing in the land for permitted use, including prepaid rent for remaining lease periods, land leveling costs, and other directly related costs proven to have been invested in the land, which have not yet been recovered by the time the State expropriates the land.

Article 10. Compensation and support for agricultural land of households and individuals

1. Households and individuals using agricultural land when the State expropriates it shall be compensated with land of the same purpose; if there is no land available for compensation, they shall be compensated in cash calculated based on the land price for the same purpose as stipulated in Clause 1 of Article 9 of this Decree.

2. Agricultural land intermixed within residential areas, garden ponds adjacent to residential land in residential areas, in addition to being compensated based on the agricultural land price for the same purpose, shall also receive support in cash; the support price is calculated from 20% to 50% of the adjacent residential land price; the specific level of support is determined by the provincial People's Committee to suit local conditions.

3. In cases where compensation is provided through the allocation of new land with a lower land price than the expropriated land, in addition to receiving the new land, the person whose land is being expropriated shall also be compensated in cash for the difference in value; in cases where compensation is provided through the allocation of new land with a higher land price than the expropriated land, compensation shall correspond to the value of the right to use the expropriated land.

4. For households and individuals whose agricultural land exceeds the quota when being expropriated, compensation shall be carried out as follows:

a) In cases where the excess area is due to inheritance, gift, or transfer from another party, or self-cultivation according to a plan approved by competent state authorities, compensation shall be provided;

b) The excess area of cases not covered under point a of this clause shall not be compensated for land, only the investment costs in remaining land shall be compensated.

5. Households and individuals currently using land allocated for agricultural, forestry, or aquaculture purposes (excluding special-use forests and protective forests) from state-owned farms and forest enterprises, when the State expropriates such land, shall not be compensated for land, but shall be compensated for investment costs in remaining land and supported as follows:

a) Support shall be provided to households and individuals who are employees of state-owned farms and forest enterprises currently working or retired, or those who have ceased work and are entitled to benefits, and are directly engaged in agricultural and forestry production; households and individuals who are directly engaged in agricultural production and whose livelihood primarily depends on agriculture;

The highest level of support in cash shall equal the compensation land price calculated based on the actual area of land expropriated, but shall not exceed the local agricultural land allocation quota; the provincial People's Committee shall determine the specific level of support suitable for local conditions.

b) In cases where households and individuals who are allocated land do not fall under the category specified in point a of this clause, only investment costs in remaining land shall be compensated.

c) Agricultural land used in common by state-owned farms and forest enterprises, when the State expropriates such land, shall not be compensated for land, but investment costs in remaining land shall be compensated if such costs are not derived from the State budget.

6. Households and individuals using agricultural land when the State expropriates agricultural land, but do not meet the conditions for compensation as stipulated in Article 8 of this Decree; if the household or individual directly engages in agricultural production and agriculture is their primary source of income, the competent authority shall consider allocating new land suitable for local conditions.

7. In cases where the expropriated land is agricultural land belonging to the commune, ward, or town public land fund, no compensation for land shall be provided; the person leasing public land from the commune, ward, or town shall be compensated for investment costs in remaining land.

Article 11. Compensation for non-agricultural land (excluding residential land) of household and individual

1. Non-agricultural construction land for production and business purposes of households and individuals whose origin is residential land that has been granted for long-term stable use or which meets the conditions to be issued a land use right certificate shall be compensated at the residential land price when the State reclaims it.

2. Households and individuals using non-agricultural land with a term obtained through transfer, inheritance, gift, or granted by the State with payment of land use fee shall be compensated at the non-agricultural land price; in cases where the land is leased by the State or commune people's committee within their authority, when the State reclaims the land, only the remaining investment costs in the land shall be compensated.

Article 12. Compensation for agricultural land and non-agricultural land of organizations

1. Organizations currently using agricultural land and non-agricultural land granted by the State and have paid the land use fee or received transfers from lawful land users, where the paid land use fee or the amount paid for transferring the land use right does not originate from the State budget, shall be compensated when the State reclaims the land.

2. Organizations granted land leases or land without paying the land use fee or have paid the land use fee with funds originating from the State budget shall not be compensated for land when the State reclaims the land; if the remaining investment costs in the land do not originate from the State budget, these costs shall be compensated.

3. Religious organization facilities currently using stable land, if the land was granted by the State without payment of the land use fee or leased, shall not be compensated but shall be compensated for the remaining investment costs in the land.

Article 13. Compensation for non-agricultural residential land

1. When the State reclaims residential land and the user must relocate, they shall be compensated by being allocated new residential land, housing in resettlement areas, or monetary compensation according to the request of the person whose land is reclaimed and consistent with local circumstances.

2. The maximum area of new residential land allocated for compensation to those whose land is reclaimed shall equal the residential land allocation limit set by the locality; if the reclaimed residential land exceeds this limit, the provincial people's committee shall base on the local land fund and the number of family members of the reclaimed household to consider and decide to allocate additional residential land area, but not exceeding the reclaimed land area.

Article 14. Handling specific cases regarding residential land

1. In cases where the remaining residential land area of the user after the State reclaims it is less than the residential land allocation limit stipulated by the locality, the competent state agency must guide its use according to detailed urban construction planning and rural settlement planning; if the person whose land is reclaimed requests the State to reclaim the remaining land area, the competent state agency shall reclaim the land for use according to detailed urban construction planning and rural settlement construction planning.

2. Users of residential land who are not entitled to land compensation when the State reclaims the land, if they have no other place to live, shall be considered and resolved by the competent people's committee to purchase, lease housing or allocate new residential land; those leasing or purchasing housing must pay the house purchase price, rental fees, and land use fees as prescribed.

Article 15. Compensation for residential land for those who have concurrent rights to use land

1. Organizations, households, and individuals currently using jointly owned land with concurrent rights to use land shall be compensated according to the area under their right of use when the State expropriates such land; if there are no documents specifying the area of land under individual rights of organizations, households, or individuals, then compensation shall be provided collectively to those with concurrent rights to use land.

2. The provincial People's Committee shall guide the division of compensation for residential land of communal apartment buildings among those with concurrent rights to use land in their locality.

Article 16. Compensation for land within safety zones when constructing public works with protective safety zones

1. When the State expropriates land within the safety zone for the construction of public works with protective safety zones, compensation and support shall be implemented in accordance with the provisions of this Decree.

2. In cases where the State does not expropriate land, but the land within the safety zone suffers damage due to restricted land use capacity, the following compensation shall apply:

a) If the purpose of land use changes, compensation shall be provided in the form of money based on the difference in value of the land use right.

b) If the purpose of land use does not change, but the land use capacity is restricted, compensation shall be provided in the form of money based on actual losses. The level of compensation for actual losses shall be determined by the provincial People's Committee to suit each specific case.

c) Houses, other construction works, and other assets within the safety zone that suffer damage due to clearance shall be compensated based on actual losses.

Article 17. Handling cases where organizations have land expropriated without compensation

Organizations whose land is expropriated without compensation as stipulated in Clause 2, Article 12 of this Decree, if they must relocate to a new site, shall be supported financially according to the investment project approved by the competent authority; the maximum level of support shall not exceed the amount of compensation for the expropriated land paid by the organization or individual to whom the State has granted land or leased land.

Chapter III

Compensation for Assets

Article 18. Principles of asset compensation

1. The owner of assets attached to land, when the State expropriates land and suffers loss, shall be compensated.

2. The owner of assets attached to land, when the State expropriates land and such land falls under the category not entitled to compensation, shall be compensated or supported with assets depending on the specific circumstances.

3. Houses and other constructions attached to land built after the land use plan and planning have been announced without permission from the competent state agency shall not be compensated.

4. Houses and other constructions attached to land built after July 1, 2004, which at the time of construction were contrary to the intended land use as determined in the approved land use plan and planning, shall not be compensated.

5. Assets attached to land created after the announcement of the land expropriation decision shall not be compensated.

6. Systems of machinery and production lines that can be dismantled and moved shall only be compensated for the costs of dismantling, transportation, installation, and losses incurred during these processes; the level of compensation shall be determined by the provincial People's Committee in accordance with current laws and local realities.

Article 19. Compensation for houses and construction works on land

1. For residential houses and construction works serving household activities of households and individuals, compensation shall be provided at the value of newly constructed houses and works with equivalent technical standards issued by the Ministry of Construction. The value of newly constructed houses and works is calculated based on the construction area of the houses and works multiplied by the unit price of newly constructed houses and works issued by the provincial People's Committee in accordance with the Government's regulations.

2. For other houses and construction works not falling under the provisions of Clause 1 of this Article, compensation shall be provided at the following levels:

The current value of damaged houses and construction works is determined by multiplying the remaining quality ratio of the houses and construction works with the value of newly constructed houses and works with equivalent technical standards issued by the Ministry of Construction.

A sum of money calculated as a percentage of the current value of the houses and construction works prescribed by the provincial People's Committee, but the maximum level of compensation shall not exceed 100% of the value of newly constructed houses and works with equivalent technical standards to the damaged houses and construction works;

For technical infrastructure construction works, the level of compensation is equal to the value of newly constructed works with equivalent technical standards issued by the Ministry of Construction; if the works are no longer in use, they shall not be compensated.

3. For other houses and construction works partially demolished, where the remaining part cannot be used, full compensation for the entire house and work shall be provided; in cases where other houses and construction works are partially demolished but still exist and the remaining part can be used, compensation shall be provided for the value of the demolished part and the costs for repairing and completing the remaining part according to the equivalent technical standards of the house and work before demolition.

4. Assets attached to land falling within any of the cases stipulated in Clauses 4, 6, 7, and 10 of Article 38 of the Land Law 2003 shall not be compensated.

5. Assets attached to land falling within any of the cases stipulated in Clauses 2, 3, 5, 8, 9, 11, and 12 of Article 38 of the Land Law 2003 shall be handled in accordance with the provisions of Article 35 of Decree No. 181/2004/NĐ-CP dated October 29, 2004, on the implementation of the Land Law.

Article 20. Handling specific cases of compensation and support for houses and construction works

1. Houses and other construction works permitted to be built on land meeting the conditions for compensation as stipulated in Article 8 of this Decree shall be compensated in accordance with the provisions of Article 19 of this Decree.

2. Houses and other construction works not permitted to be built shall be compensated or supported depending on the degree and legality of the land, houses, and construction works as follows:

a) Houses and other construction works built on land meeting the conditions for compensation as stipulated in Article 8 of this Decree shall be compensated in accordance with the provisions of Article 19 of this Decree;

b) Houses and other construction works built on land not meeting the conditions for compensation as stipulated in Article 8 of this Decree, but at the time of construction there was no planning or land use plan announced by the competent authority or the construction was in compliance with the planning or land use plan without violating the protected zone of the works, shall be supported up to a maximum of 80% of the compensation level stipulated in Article 19 of this Decree;

c) Houses and other construction works built before July 1, 2004, on land not meeting the conditions for compensation as stipulated in Article 8 of this Decree, and at the time of construction violated the planning or land use plan that had been announced and marked or violated the protected zone of the works that had been marked, shall not be compensated; in special cases, the provincial People's Committee shall consider supporting each specific case.

3. Houses and other construction works built on land not meeting the conditions for compensation as stipulated in Article 8 of this Decree, and at the time of construction were notified by the competent state agency that construction was not permitted, shall not be compensated or supported; the person who constructed the illegal works must demolish them themselves and bear the costs of demolition when the competent authority carries out the demolition.

Article 21. Compensation for houses and structures for those currently using state-owned housing

1. Those currently using state-owned housing (rented or self-managed) within the area to be reclaimed and demolished shall not be compensated for the area of state-owned housing and any unauthorized extensions, but they shall be compensated for costs incurred from self-improvement, repair, and upgrading; the level of compensation shall be determined by the provincial People's Committee.

2. Those currently using state-owned housing that must be demolished shall be provided with rented housing at the resettlement site; the new rental area at the resettlement site shall be equivalent to the old rental area; the rent price shall be the rent price for state-owned housing; the rented housing at the resettlement site shall be sold to the tenants according to the Government's regulations on selling state-owned housing to tenants. 5. In special cases where there is no resettlement housing available, financial support shall be provided to enable them to arrange new accommodation; the amount of support shall be 60% of the value of the land and 60% of the value of the rented house. tenant; in special cases where there is no resettlement house available for allocation, they shall be supported with money to arrange new accommodation; the support amount equals 60% of the value of the land and 60% of the value of the rented house.

Article 22. Compensation for relocating graves

For the relocation of graves, the compensation amount shall cover costs related to land, excavation, exhumation, relocation, reconstruction, and other reasonable expenses directly related to the process. The specific level of compensation shall be determined by the provincial People's Committee in accordance with local customs and actual conditions.

Article 23. Compensation for cultural works, historical sites, churches, communal houses, pagodas, hermitages, shrines

For projects involving the reclamation of land containing cultural works, historical sites, churches, communal houses, pagodas, hermitages, and shrines, if relocation is necessary, the compensation for the relocation of historical sites, cultural works, churches, communal houses, pagodas, hermitages, and shrines shall be decided by the Prime Minister for centrally managed works and by the Chairman of the provincial People's Committee for locally managed works.

Article 24. Compensation for crops and livestock

1. The level of compensation for annual crops shall be based on the value of the harvest yield. The value of the harvest yield shall be calculated based on the highest productivity over the three consecutive years prior to the land reclamation and the average market price at the time of land reclamation.

2. The level of compensation for perennial crops shall be based on the current value of the orchard (excluding the value of land use rights) according to the local price at the time of land reclamation.

3. For crops that have not yet been harvested but can be moved to another location, compensation shall be provided for the cost of moving and actual losses due to the need to move and replant.

4. For forest plantations funded by state budget, and natural forests assigned to organizations and households for planting, management, and protection, compensation shall be based on the actual loss value of the orchard; the compensation money shall be distributed to the managers, caretakers, and protectors according to the laws on forest protection and development.

5. For livestock (aquaculture), compensation shall be provided according to the following provisions:

a) Livestock that has reached the harvesting period at the time of land reclamation shall not be compensated;

b) Livestock that has not reached the harvesting period at the time of land reclamation shall be compensated for actual losses due to early harvesting; if it can be moved, compensation shall also be provided for the cost of moving and losses caused by the move; the specific level of compensation shall be determined by the provincial People's Committee in accordance with actual conditions.

Article 25. Handling of compensation money for state-owned property

An organization that has its land reclaimed by the State, suffers damage to assets managed and used by the state, and must relocate to a new site shall use the compensation money for investment at the new site according to the approved investment project by the competent authority.

Article 26. Compensation for workers due to cessation of work

Economic organizations and households engaged in production and business with registered business operations and hiring labor under labor contracts, which cease production and business operations when their land is reclaimed by the State, shall be entitled to compensation according to the unemployment allowance regime stipulated in Clause 3, Article 62 of the Labor Code; the beneficiaries are workers as defined in Points a and b, Clause 1, Article 27 of the Labor Code; the compensation period is the duration of cessation of production and business operations, but not exceeding six months at most.

Chapter IV

Support Policies

Article 27. Support for relocation

1. Households required to move their residence within the province or city due to land reclamation by the State shall be supported with a maximum of three million dong per household; those moving to another province shall be supported with a maximum of five million dong per household; specific support levels are determined by the provincial People's Committee.

2. Organizations eligible for compensation for land and asset losses upon relocation of their facilities shall be fully supported with actual costs related to relocation, dismantling, and installation.

3. Individuals whose residential land is reclaimed and who have no other place to live, during the time waiting for a new residence (resettlement arrangement), shall be provided temporary housing or supported with rental housing expenses; the specific support period and amount are determined by the provincial People's Committee in accordance with local conditions.

Article 28. Support for stabilizing living conditions and production

1. Households and individuals directly engaged in agricultural production, when more than thirty percent of the allocated agricultural land is reclaimed by the State, shall be supported for stabilizing living conditions for three months if they do not need to move their residences, and for six months if they do need to move; in cases where they must move to areas with difficult economic and social conditions or extremely difficult economic and social conditions, the maximum support period is twelve months. The support level is equivalent to thirty kilograms of rice per person per month based on the average local market price.

2. When the State reclaims land from economic organizations and households engaged in production and business with registered business operations, causing cessation of production and business operations, they shall be supported with a maximum of thirty percent of one year's post-tax income, based on the average income of the three consecutive years prior to the event confirmed by the tax authority; specific support levels are determined by the provincial People's Committee in accordance with local conditions.

Article 29. Support for occupational transition and job creation

1. Households and individuals directly engaged in agricultural production, when more than thirty percent of their agricultural land is reclaimed, shall be supported for occupational transition for working-age members; the specific support level and number of workers to be supported are determined by the provincial People's Committee in accordance with local conditions.

2. Occupational transition training support shall primarily be implemented through vocational training programs at vocational training institutions.

Article 30. Support for tenants of houses not owned by the State

1. Households and individuals renting houses that are not state-owned properties shall be supported with relocation costs as specified in Clause 1 of Article 27 of this Decree when the State requisitions land and demolishes houses, requiring them to move to new residences.

2. Based on local circumstances, the provincial People's Committee shall stipulate support for stabilizing living conditions and production activities for households and individuals.

Article 31. Support when reclaiming public interest land of communes, wards, towns

In cases where the reclaimed land belongs to the commune, ward, or town’s public land fund, such support shall be provided; the highest level of support may equal the compensation amount; specific levels of support are determined by the provincial People's Committee; the support funds shall be deposited into the state budget and included in the annual budget plan of the commune, ward, or town; these funds can only be used for constructing infrastructure projects and serving public purposes of the commune, ward, or town.

Article 32. Other forms of support

Besides the support stipulated in Articles 27, 28, 29, 30, and 31 of this Decree, based on actual conditions at the local level, the Chairman of the provincial People's Committee decides on additional support measures to ensure stable living conditions and production for those whose land has been reclaimed; in special cases, they must report to the Prime Minister for decision.

Chapter V

Resettlement

Article 33. Establishment and Implementation of Resettlement Projects

1. Based on the local socio-economic development plan and the approved land use planning and plans, the provincial People's Committee is responsible for establishing and implementing resettlement projects to ensure adequate resettlement for those whose land has been reclaimed and require relocation.

2. The establishment of projects and construction of resettlement areas shall comply with current regulations on investment management and construction.

Article 34. Resettlement Arrangements

1. The agency (organization) entrusted by the provincial People's Committee with the responsibility for resettlement arrangements must notify each household whose land has been reclaimed and requires relocation about the proposed resettlement plan and publicly post this plan at the unit's office, the commune People's Committee office where the land was reclaimed, and the resettlement site twenty days before the competent authority approves the resettlement plan; the notification contents include:

a) Location, scale of resettlement land and housing funds, design, area of each plot of land and apartment, price of resettlement land and housing;

b) Proposed allocation of households for resettlement.

2. Priority shall be given to in-place resettlement for those whose land has been reclaimed within the resettlement project area, prioritizing favorable locations for households that have completed land clearance early, households with advantageous positions in their previous residences, and policy beneficiary households.

3. Conditions shall be created for households entering the resettlement area to view the specific resettlement area and openly discuss the proposed allocation as stipulated in Clause 1 of this Article.

Article 35. Mandatory Conditions for Resettlement Areas

1. Resettlement areas must be constructed in accordance with land use planning, construction planning, and construction standards and norms.

2. Resettlement areas must serve multiple projects.

3. Before allocating residential land to households and individuals, the resettlement area must be equipped with a complete infrastructure system ensuring better or equivalent living conditions compared to the previous residence.

Article 36. Measures to support production and living conditions in resettlement areas

Based on the actual situation at the local level, the Chairman of the provincial People's Committee decides on specific measures and levels of support to stabilize production and living conditions in the resettlement area, including:

1. Providing seeds for crops and livestock for the first agricultural production season, agricultural extension services, forestry extension services, plant protection services, veterinary services, cultivation techniques, animal husbandry techniques, and technical services related to commercial and industrial production.

2. Supporting the establishment of certain occupations in the resettlement area suitable for workers, particularly female workers.

Article 37. Rights and Obligations of Persons Whose Land Is Expropriated and Must Relocate

1. Rights:

a) Registering to reside in the resettlement area in writing;

b) Being prioritized for registering household registration for themselves and other family members at the new place of residence, and being prioritized for transferring schools for family members within school age;

c) Refusing to enter the resettlement area if the resettlement area does not meet the conditions announced and publicly posted;

d) Receiving free house design samples.

2. Obligations:

a) Moving into the resettlement area according to the time stipulated by the competent state agency;

b) Constructing houses and facilities according to the planning and fulfilling other obligations as prescribed by law;

c) Paying the purchase price for housing or land use fees as prescribed by law.

Article 38. Resettlement for Special Projects

For investment projects decided by the Government and the National Assembly that require relocating entire communities, affecting the entire life, economy, society, and cultural traditions of the community, the Prime Minister shall decide or submit to the Government for consideration and decision on special resettlement policies with the highest level of support being full funding for establishing new resettlement areas, constructing housing, improving farmland, building economic and social infrastructure, stabilizing living and production conditions, and other forms of support, depending on specific circumstances.

Chapter VI

Implementation

Article 39. Assignment of Compensation, Support, and Resettlement Tasks

1. Based on the actual situation at the local level, the provincial People's Committee assigns the implementation of compensation, support, and resettlement tasks to:

- The People's Committee Compensation, Support, and Resettlement Councils of districts, towns, cities under provinces (collectively referred to as district level);

- Land development organizations.

2. The district-level People's Committee Compensation, Support, and Resettlement Council is chaired by the leader of the People's Committee, with members comprising:

- A representative from the Finance Department - Vice Chair of the Council;

- The project investor - permanent member;

- A representative from the Natural Resources and Environment Department - member;

- A representative from the People's Committee of the commune where the land is expropriated - member;

- Representatives of households whose land is expropriated, from one to two persons;

Other members as determined by the Chair of the People's Committee Compensation, Support, and Resettlement Council to suit the local situation.

Article 40. Responsibilities of the People's Committee Compensation, Support, and Resettlement Council

1. The People's Committee Compensation, Support, and Resettlement Council assists the same-level People's Committee in formulating and implementing compensation, support, and resettlement plans; the Council operates based on collective principles and decisions made by majority vote; in case of equal votes, the decision follows the opinion of the Council Chair.

2. Responsibilities of Council Members:

a) The Council Chair directs Council members to formulate, review, and implement compensation, support, and resettlement plans;

b) The project investor is responsible for assisting the Council Chair in formulating compensation, support, and resettlement plans; ensuring sufficient funds to promptly pay compensation, support, and resettlement costs;

c) Representatives of those whose land is expropriated are responsible for reflecting the wishes of those whose land is expropriated and those who must relocate; mobilizing those whose land is expropriated to move and clear the site according to schedule;

d) Other members fulfill their assigned tasks and directives from the Council Chair in accordance with their departmental responsibilities.

3. The People's Committee Compensation, Support, and Resettlement Council is responsible for the accuracy and reasonableness of the inventory data, the legality of the land and property subject to compensation, support, or non-compensation, support in the compensation, support, and resettlement plan.

Article 41. Review of compensation, support, and resettlement plans for projects

1. Review of compensation, support, and resettlement plans for cases:

a) Land recovery involving two or more districts, counties, towns, or cities under provinces;

b) Compensation, support, and resettlement plans for projects approved by the provincial People's Committee.

2. The review contents include:

a) Application of compensation and support policies for the project;

b) Valuation of land and assets for compensation purposes;

c) Resettlement plan.

3. The review of compensation, support, and resettlement plans shall be chaired by the Department of Finance, coordinating with relevant agencies to suit the characteristics of each project;

In necessary cases, the Chairman of the Provincial People's Committee decides to establish a Review Board, with the Director of the Department of Finance serving as the Chairman of the Board.

4. The maximum review period is 15 working days from the date of receiving the project's compensation, support, and resettlement plan proposal; if the reviewing agency does not provide comments within this period, the Chairman of the competent People's Committee shall approve it.

5. Projects' compensation, support, and resettlement plans not falling under Clause 1 of this Article do not require review.

6. After receiving the reviewing agency's comments, the project investor assists the Compensation, Support, and Resettlement Council in perfecting the compensation, support, and resettlement plan, submitting it to the competent state authority for approval.

Article 42. Agreement on Compensation and Support

If the person granted land use rights, the person leasing land, or the organization developing land funds agree with the person whose land is being recovered on the level of compensation and support as stipulated in this Decree, such agreement shall be implemented; the State will not organize or implement compensation and support.

Article 43. Responsibilities of People's Committees at all levels

1. The provincial People's Committee is responsible for:

a) Directing, organizing, publicizing, and mobilizing all organizations and individuals about land compensation, support, and resettlement policies and implementing land clearance according to the land recovery decisions of the competent state authorities;

b) Directing departments, branches, and district People's Committees:

- Establishing resettlement projects and areas to serve land recovery;

- Formulating compensation, support, and resettlement plans within their authority;

c) Approving or delegating district People's Committees to approve compensation, support, and resettlement plans;

d) Approving land prices; issuing asset valuation tables for compensation, setting support levels and measures within their authority; resettlement plans and vocational training plans as assigned;

đ) Directing related agencies to handle citizens' complaints and denunciations regarding compensation, support, and resettlement according to the law;

e) Ensuring objectivity and fairness when considering and deciding on compensation, support, and resettlement when the State recovers land according to the authority stipulated in this Decree;

g) Deciding or delegating district People's Committees to enforce compulsory measures against those who intentionally fail to comply with the State's land recovery decisions within their authority;

h) Directing inspections and handling violations in the field of compensation, support, and resettlement.

2. The district People's Committee where the land is being recovered is responsible for:

a) Directing, organizing, publicizing, and mobilizing all organizations and individuals about land compensation, support, and resettlement policies and implementing land clearance according to the land recovery decisions of the competent state authorities;

b) Directing the same-level Compensation, Support, and Resettlement Council to formulate and implement compensation, support, and resettlement plans; approving such plans according to the delegation of the provincial People's Committee;

c) Coordinating with departments, branches, organizations, and project investors to implement investment construction projects and resettlement area creation plans at the local level according to the delegation of the provincial People's Committee;

d) Handling citizens' complaints and denunciations regarding compensation, support, and resettlement within the delegated authority; issuing and organizing enforcement of compulsory measures for cases within its authority; coordinating with functional agencies to implement enforcement according to the decision of the competent authority.

3. The commune People's Committee is responsible for:

a) Organizing publicity about the purpose of land recovery and the compensation, support, and resettlement policies of the project;

b) Cooperating with the Compensation, Support, and Resettlement Council to verify land and property of the person whose land is being recovered;

c) Cooperating and creating conditions to support the payment of compensation and support and the resettlement arrangement for the person whose land is being recovered, and facilitating land clearance.

Article 44. Responsibilities of provincial departments, agencies, and sectors

1. The Department of Finance shall be responsible for:

a) Taking the lead in coordinating with relevant agencies to submit to the provincial People's Committee for approval the land price, asset valuation table (excluding houses and other construction works) for compensation calculation, support levels, support measures, and resettlement at the local level for decision by the provincial People's Committee;

b) Leading the appraisal process as stipulated in Article 41 of this Decree;

c) Inspecting the payment of compensation money, support, and costs for organizing the implementation of compensation, support, and resettlement at the local level.

2. The Department of Planning and Investment shall be responsible for guiding and inspecting the establishment and implementation of resettlement projects.

3. The Construction Department and the Department of Urban Planning and Architecture shall be responsible for:

a) Guiding the determination of the scale, area, legality, and illegality of construction works attached to the land being reclaimed as a basis for calculating compensation and support for each individual;

b) Determining the value of houses and construction works attached to the land for compensation purposes and submitting it for approval by the same-level People's Committee;

c) Taking the lead and coordinating with functional agencies to determine the location and scale of the resettlement area suitable with the overall development plan of the locality for approval by the competent state authority.

4. The Department of Natural Resources and Environment shall be responsible for:

a) Guiding the determination of the area, type, grade of land, and conditions for compensation when the State reclaims land;

b) Guiding the determination of the scale and area of land subject to compensation or not, the degree of compensation or support for each land user being reclaimed as a basis for calculating compensation and support for each individual;

c) Leading and coordinating with the Department of Planning and Investment and the Construction Department to submit to the provincial People's Committee for decision on the scope of land reclamation for each project.

Article 45. Responsibilities of organizations assigned tasks for compensation, support, and resettlement

1. Establishing compensation, support, and resettlement plans; organizing the implementation of compensation, support, and resettlement and submitting them to the competent authority for approval according to the regulations of the provincial People's Committee, bearing responsibility for the accuracy and policy suitability of the compensation, support, and resettlement plan.

2. Providing guidance and answering questions from land users regarding issues related to compensation, support, and resettlement.

3. Other tasks as prescribed by law by the provincial People's Committee.

Article 46. Responsibilities of the Ministry of Finance, the Ministry of Planning and Investment, the Ministry of Construction, and the Ministry of Natural Resources and Environment

1. Responsibilities of the Ministry of Finance:

a) Guiding and inspecting the implementation of policies on compensation, support, and resettlement;

b) Taking the lead in coordinating with relevant sectors to guide the handling of difficulties in determining land prices, asset values, and compensation policies in the context of compensation, support, and resettlement upon request of the provincial People's Committee.

2. Responsibilities of the Ministry of Planning and Investment: guiding and inspecting the establishment and implementation of resettlement projects according to laws on investment management and construction.

3. Responsibilities of the Ministry of Construction:

a) Guiding and inspecting the determination of the legality of houses and other construction works for compensation purposes; guiding the planning of construction in resettlement areas and standards for housing and construction works in resettlement areas;

b) Guiding and inspecting the determination of house and other construction work values for compensation, support, and resettlement within the scope of its delegated authority.

4. Responsibilities of the Ministry of Natural Resources and Environment:

a) Inspecting the implementation of detailed land use plans for each investment project; identifying land users eligible for compensation, support, or non-compensation as a basis for calculating compensation and support; issuing land use right certificates to those being resettled;

b) Prescribing and guiding land management in resettlement areas.

Article 47. Enforcement of Decisions on Land Recovery and Surface Clearance

1. People's Committees at all levels shall cooperate with political organizations, socio-political organizations, and mass organizations to encourage individuals whose land is being recovered to voluntarily comply with decisions on land recovery and surface clearance; in cases where such individuals have complied with regulations on compensation, support, and resettlement but intentionally refuse to implement the decision on land recovery, the authority that made the decision on land recovery shall issue a decision on enforcement and organize its implementation in accordance with the provisions of the law.

2. Based on the actual situation in the locality, the provincial People's Committee may delegate or authorize the district People's Committee to issue decisions on enforcement and organize their implementation.

Article 48. Costs for Organizing Compensation, Support, and Resettlement

1. The organization responsible for organizing compensation, support, and resettlement shall be responsible for preparing cost estimates for these activities for each project as follows:

a) For items with established rates, standards, and unit prices set by competent state agencies, they shall be implemented according to current regulations;

b) For items without established rates, standards, or unit prices, cost estimates shall be prepared based on actual conditions to suit the characteristics of each project and local circumstances;

c) Printing costs, office supplies, fuel, logistics services, and other management-related expenses shall be calculated based on the actual needs of each project.

2. The funds allocated to ensure the organization of compensation, support, and resettlement shall not exceed 2% of the total compensation and support funds of the project; the specific amount shall be determined by the provincial People's Committee in accordance with local realities and the scale, nature, and characteristics of each type of project; expenditure, settlement, and final accounting shall be carried out in accordance with the provisions of the law.

Article 49. Complaints and Resolution of Complaints

Individuals whose land is being recovered who disagree with the decision on compensation, support, and resettlement shall have the right to file complaints in accordance with the law. The responsibility for resolving complaints, the statute of limitations for complaints, and the procedures for resolving complaints shall be implemented in accordance with Article 138 of the Land Law 2003 and Articles 162, 163, and 164 of Government Decree No. 181/2004/NĐ-CP dated October 29, 2004, on the Implementation of the Land Law.

While awaiting resolution of complaints, individuals whose land is being recovered must still comply with the decision on land recovery, land allocation according to the plan and time frame decided by the competent state agency.

Chapter VII

Implementation Provisions

Article 50. Effective Date

1. This Decree shall take effect fifteen days after its publication in the Official Gazette.

2. This Decree replaces Government Decree No. 22/1998/NĐ-CP dated April 24, 1998, on Compensation for Losses when the State recovers land for national defense, security, national interests, and public interest purposes. Previous regulations on compensation, support, and resettlement when the State recovers land that conflict with this Decree are hereby abolished.

For projects and components where compensation, support, and resettlement have been completed; projects and components where plans for compensation, support, and resettlement have been approved or are currently implementing payments according to the approved plans before this Decree takes effect, shall continue to be implemented according to the approved plans, without applying or adjusting according to the provisions of this Decree.

Article 51. Responsibility for Implementation

The Ministry of Finance shall take the lead and coordinate with the Ministry of Natural Resources and Environment, the Ministry of Construction to provide guidance on the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees, organizations, households, and individuals using land shall be responsible for enforcing this Decree./.