Decree No. 22/1998/NĐ-CP On Compensation for Damage When the State Recovers Land for National Defense, Security, and Public Interest Purposes

DECREE OF THE GOVERNMENT

Regarding compensation for losses when the State recovers land for use
for national defense, security, national interests, public interests

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Land Law dated July 14, 1993;

At the proposal of the Minister of Finance, the Minister of Construction, the Director of the Land Administration General Department, the Head of the Government Price Management Board,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of Application

This Decree stipulates compensation for losses when the State recovers land for use for national defense, security, national interests, and public interests as provided for in Article 27 of the Land Law of 1993:

1. Land used for national defense and security purposes under this Decree is land determined in Clause 1 of Article 65 of the Land Law and detailed in Decree No. 09/CP dated February 12, 1996 of the Government on the management and use of land for national defense and security.

2. Land used for national interest and public interest purposes includes:

a) Land used to construct roads, bridges, culverts, sidewalks, water supply and drainage systems, rivers, lakes, dykes, dams, canals, and other hydraulic works, schools, scientific research institutions, hospitals, health stations, markets, parks, flower gardens, children's playgrounds, squares, sports fields, sports training facilities, sports stadiums, airports, ports, railway stations, bus stations, national parks, nature reserves, rest areas;

b) Land used to construct hydroelectric power plants, substations, reservoirs for hydropower projects, power transmission lines, communication lines, oil pipelines, gas pipelines, meteorological and hydrological stations, various monitoring stations serving research and public services, state warehouses;

c) Land used to construct offices of state agencies, political and social organizations;

d) Land used to construct works belonging to economic, cultural, educational, medical, scientific, technical, and other economic sectors of state agencies, political and social organizations, and people's armed forces units;

đ) Land used by domestic organizations and individuals, foreign organizations and individuals, and overseas Vietnamese for production and business projects, export processing zones, industrial zones, high-tech zones, entertainment areas, tourist areas, and other investment projects approved by competent state authorities according to the law;

e) Land used for new urban development projects, concentrated residential areas, and other residential areas decided by competent state authorities;

g) Land used for other public works and special cases decided by the Prime Minister;

h) Land used to construct works serving public welfare and public use not for commercial purposes at the discretion of the People's Committee of provinces and centrally administered cities.

Article 2. Subjects liable for compensation

Domestic organizations and individuals, foreign organizations and individuals granted land by the State through allocation or lease (referred to collectively as land users) for the purposes specified in Article 1 of this Decree shall be responsible for compensating for losses related to land and existing assets attached to the land in accordance with this Decree.

Article 3. Subjects entitled to compensation

1. Organizations, households, and individuals within the country whose land is being recovered (collectively referred to as land recovery subjects) are entitled to compensation for land losses when the State recovers land for use for national defense, security, national interests, and public interests if they meet the conditions set forth in Article 6 of this Decree.

2. The person entitled to compensation for assets attached to the land being recovered must be the lawful owner of such assets, in compliance with the provisions of the law.

3. Compensation for land recovery of foreign organizations and individuals, international organizations, and overseas Vietnamese who have been leased land by the Vietnamese State shall be resolved according to a separate decision of the Prime Minister.

4. When using land for village and commune public works through contributions from residents, the provisions of this Decree shall not apply.

Article 4. Scope of compensation for losses

1. Compensation for land losses for the entire area of land recovered as provided for in Chapter II of this Decree;

2. Compensation for losses of existing assets including infrastructure works attached to the recovered land;

3. Assistance for living and production for those who need to relocate their residence or place of production and business;

4. Payment of costs for changing professions for those whose land is being recovered and who need to change professions;

5. Payment of direct costs for organizing compensation, relocation, and site clearance.

PART II
COMPENSATION FOR LAND LOSSES

Article 5Principles of compensation for land losses

When the State recovers land for use for the purposes specified in Article 1 of this Decree, depending on specific circumstances, the person whose land is being recovered shall be compensated in cash, housing, or land.

When implementing compensation in the form of land or housing, if there is a difference in area or value, the difference shall be resolved in accordance with Articles 9, 10, and 11 of this Decree.

Article 6. Conditions for Compensation for Land Damage

A person whose land is reclaimed by the State shall be entitled to compensation for damage if they meet one of the following conditions:

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

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

3. Holding a valid document transferring land use rights in accordance with the laws.

4. Holding a document liquidating, valuing, purchasing a house belonging to the State together with receiving land use rights in compliance with the laws or a decision allocating housing or issuing housing attached to residential land belonging to the State from a competent state agency.

5. An effective court judgment of the People's Court regarding the resolution of disputes over houses attached to land use rights or a decision of a competent authority resolving land disputes.

6. In cases where none of the documents specified in Clause 1, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article are available, the person whose land is reclaimed shall be entitled to compensation for damage if they have documents proving that the reclaimed land was stably used before October 15, 1993, in one of the following situations:

a) Land that was stably used before January 8, 1988, confirmed by the People's Committee of the commune, ward, or town.

b) Land allocated for use by a competent state agency during the implementation of land policies of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, and the Socialist Republic of Vietnam, which the person allocated continued to use until the date of reclamation.

c) Holding a legitimate document issued by a competent authority under the previous regime to the land user, who has continuously used it since issuance until the date of reclamation.

d) Holding a document selling or buying land prior to December 18, 1980, or a document transferring land use rights from December 18, 1980, to October 15, 1993, of a lawful land user confirmed by the People's Committee of the commune, ward, or town.

đ) Holding a document selling or buying a house and assets attached to land use rights prior to October 15, 1993.

e) Holding a temporary land use right certificate issued by the People's Committee of the province or centrally-administered city or by the People's Committee of the district, county, town, or centrally-administered city district authorized by the People's Committee of the province or centrally-administered city, or listed in the land registry and still continuing to use the land.

7. A person who transfers, exchanges, inherits, gifts, or receives land use rights or houses attached to land use rights from a user who meets one of the conditions stipulated in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, and Clause 6 of this Article but has not yet completed the transfer registration procedure.

8. A person who cleared land for agricultural, forestry, aquaculture, or salt production purposes before October 15, 1993, and continuously used it until reclamation, without any disputes, and fulfilled all financial obligations to the State.

Article 7. Persons Not Entitled to Compensation for Land Damage

A person whose land is reclaimed does not meet any of the conditions stipulated in Article 6 of this Decree or at the time of using the land violated the approved planning scheme or encroached upon the protective zone of works, illegally occupied land, then when the State reclaims the land, they will not be entitled to compensation for land damage. If deemed necessary to provide support, the People's Committee of the province or centrally-administered city will consider and decide on each specific case.

Article 8. Price of Land for Calculating Compensation for Damage

The price of land for calculating compensation for damage shall be decided by the Chairman of the People's Committee of the province or centrally-administered city for each project based on the proposal of the Department of Finance and Prices, with the participation of relevant sectors.

The price of land for calculating compensation for damage shall be determined based on the local land price issued in accordance with the Government's regulations multiplied by coefficient K to ensure that the compensation land price is consistent with the profitability and the transfer price of land use rights in the locality.

The Ministry of Finance shall guide the method of determining coefficient K after obtaining opinions from the Ministry of Construction, the Ministry of Agriculture and Rural Development, the General Administration of Land, and the Government Price Board.

Article 9. Compensation for Damage to Agricultural Land, Forestry Land, Salt Production Land, and Aquatic Cultivation Land

1. When reclaiming agricultural land, forestry land, salt production land, or aquatic cultivation land, the person whose land is reclaimed shall be compensated with land according to the area and grade of the reclaimed land. If there is no land for compensation, the person whose land is reclaimed shall be compensated in cash according to the land price stipulated in Article 8 of this Decree.

In cases where the area of compensatory land is smaller than the area of reclaimed land, the person whose land is reclaimed shall be compensated in cash for the difference in area.

In cases where the compensatory land has a lower land price than the reclaimed land, the person whose land is reclaimed shall be compensated in cash for the price difference. If the compensatory land has a higher land price than the reclaimed land, the person receiving the compensatory land does not need to pay the price difference.

2. If the reclaimed land is temporarily allocated by the State, leased, or auctioned, the person whose land is reclaimed shall not be entitled to compensation for land damage but shall be entitled to compensation for investment costs in the land.

3. If the person whose land is reclaimed is engaged in agriculture but does not fall within the category entitled to compensation as stipulated in Article 7 of this Decree, and after the reclamation, they no longer have land for agricultural production, the local authorities shall consider and, if possible, allocate new land to them.

4. In cases where the reclaimed land belongs to the communal public land fund as stipulated in Article 45 of the 1993 Land Law or land of the commune that has not been allocated to anyone for use, the person allocated land or leased land by the State must compensate for the land damage in cash to the commune budget. The person currently using communal public land of the commune shall be compensated by the People's Committee of the commune for the investment costs in the land.

Article 10. Compensation for Damage to Residential Land in Urban Areas

1. Urban land is land as defined in Article 55 of the Land Law and detailed in Decree No. 88/CP dated August 17, 1994 of the Government on management and use of urban land. Land planned for urban construction but without infrastructure shall not be compensated as urban land, but shall be compensated according to the value of land subject to land use tax or land rent multiplied by coefficient K as appropriate.

2. Residential land in urban areas is land as defined in Clause 2, Article 1 of Decree No. 60/CP dated July 15, 1994 of the Government on ownership rights to houses and residential land use rights in urban areas.

3. When residential land is expropriated, compensation for damage shall be made in cash, houses, or residential land in resettlement areas.

The area of residential land for compensation for each household shall be within the limit of residential land area prescribed by the People's Committee of the province or centrally governed city, but shall not exceed the area of land being expropriated; the maximum level of compensation for damage by residential land at the new place of residence shall be prescribed by the People's Committee of the province or centrally governed city in accordance with the laws on land. In cases where the area of residential land being expropriated exceeds the area of residential land for compensation, the person whose residential land is being expropriated may be additionally compensated with part of the residential land area depending on the local land fund, the remainder shall be compensated in cash. In cases where the area of residential land being expropriated is less than the area of land for compensation, the person entitled to compensation must pay land use fees for the excess area.

4. For residential land expropriation within the inner city of urban areas of type I and type II, compensation shall mainly be in the form of houses or cash. The choice between receiving a house or cash shall be decided by the person entitled to compensation. The price of houses for compensation calculation shall be the price of houses prescribed by the provincial or centrally governed city People's Committee based on the minimum standard price of newly constructed houses issued by the Government.

Compensation with residential land within the inner city of urban areas of type I and type II for persons whose residential land is being expropriated shall only be implemented in the following cases: there is a resettlement project in the area where the land is being expropriated, resettlement in planned residential areas or other residential areas within that urban area which have been approved by competent state agencies. Persons entitled to compensation with residential land within the inner city must be those whose residential land is being expropriated within that inner city. If the person whose residential land is being expropriated does not accept a house, money, or resettlement within the inner city, and requests to receive residential land in the suburban area, they will, in addition to the compensation amount stipulated, also receive a subsidy equal to 10% of the value of the expropriated land.

5. For residential land expropriation in other urban areas not within the inner city of type I and type II, compensation shall be in the form of land, money, or houses as requested by the person whose land is being expropriated. In cases where there is no land available for compensation within the inner city, compensation shall be with suburban residential land.

6. For urban land in areas that were rural before 1993 or have special conditions: households and individuals with large plots of land including agricultural and forestry land shall be compensated according to the price of urban residential land at the maximum residential land area limit prescribed by the locality. The remaining area shall be compensated in cash according to the price of agricultural and forestry land multiplied by coefficient K as appropriate.

Article 11. Compensation for damage to residential land in rural areas

1. Rural residential land of each household includes land for housing and facilities serving family life.

The person whose land is being expropriated shall be compensated with land of the same purpose of use, but the maximum compensation with land at the new place of residence is the residential land limit prescribed in Article 54 of the Land Law. If there is a difference in land prices, the difference shall be compensated in cash. In exceptional cases where there is no land for compensation, compensation for damage shall be in cash according to the land price prescribed in Article 8 of this Decree.

2. In rural areas where there is a custom of multiple generations living together in one household or with special natural conditions, the compensation with land may be higher, but not more than twice the limit prescribed in Clause 1 of this Article and not exceeding the area of land being expropriated.

Article 12. Handling specific cases regarding residential land

1. In cases where the remaining area of land after expropriation is smaller than the limit prescribed in Articles 10 and 11 of this Decree, if the land user wishes to continue using it, it can be retained, but must be used according to the plan; if the remaining residential land area is insufficient for building a house, they are encouraged to transfer it to neighboring households or request the State to expropriate this area and be compensated as the expropriated land.

2. In cases where the land currently being used is temporary-use land, leased land, or auctioned land, when the State expropriates it, the land user shall not be compensated for land damage, but shall be compensated for investment costs incurred on the land.

3. Persons whose residential land is being expropriated and who do not fall under the compensation objects as prescribed in Article 7 of this Decree, if they still have another place to live, shall not be allocated new land; in cases where they do not have any other place to live, they shall be considered for allocation of new land and must pay land use fees or purchase a house.

Article 13. Compensation for damage to specialized land

1. State agencies, political organizations, political-social organizations, public service units, people's armed forces units, which are allocated land by the State without having to pay land use fees or have paid land use fees from state budget funds, when the State expropriates the land, shall not be compensated for land damage, but shall be considered for allocation of new land by the State and compensated for investment costs incurred on the land, provided that such costs do not come from state budget funds.

2. State-owned enterprises, enterprises of political-social organizations, joint-stock companies, limited liability companies, collective economic units, private enterprises, which are granted land leases or allocated land by the State without having to pay land use fees or have paid land use fees from state budget funds, when the State expropriates the land, shall not be compensated for land damage, but shall be considered for allocation or leasing of new land up to the maximum area of the expropriated land and compensated for investment costs incurred on the land, provided that such costs do not come from state budget funds.

3. State-owned enterprises, political-social organization enterprises, joint-stock companies, limited liability companies, collective economic units, and private businesses, when their land is reclaimed by the State, if the land has paid for land use fees not from state budget funds, shall be compensated for land losses and shall be considered for new land allocation or leasing by the State.

The allocation or leasing of new land as provided for in this Article must comply with the project approved by the competent authority and conform to the approved planning.

Article 14. Paying to the state budget the compensation for land losses

In the following cases, the person allocated or leased land by the State must pay the entire amount of compensation for land losses at the price level specified in Article 8 of this Decree to the state budget, after deducting the compensation for investment costs of the person whose land is being reclaimed:

The reclaimed land is temporary-use land, leased land, or auctioned land as stipulated in Clause 2 of Article 9 and Clause 2 of Article 12 of this Decree;

Commune public utility land as stipulated in Clause 4 of Article 9 of this Decree;

Land allocated without payment of land use fees or land use fees paid from state budget funds as stipulated in Clause 1 and Clause 2 of Article 13 of this Decree, except agricultural land, forestry land, salt-making land, and water surface land for aquaculture allocated to households and individuals;

Illegally used land as stipulated in Clause 3 of Article 9 and Clause 3 of Article 12 of this Decree, where the person whose land is being reclaimed is not entitled to compensation for land losses but only for the compensation of investment costs in the land;

Article 15. The land fund for compensating losses includes

1. Unused land;

2. Unused land but developed with infrastructure to serve compensation;

3. Land reclaimed according to Articles 26 and 27 of the Land Law;

4. Public utility land as stipulated in Article 45 of the Land Law.

CHAPTER III
COMPENSATION FOR PROPERTY DAMAGE

Article 16. Principles for compensating losses on property

1. Compensation for property losses includes houses, architectural structures, crops, livestock, and other assets attached to the current land at the time of land reclamation.

2. The owner of the property is the person who legally owns the assets as stipulated in Clause 1 of this Article and suffers losses due to land reclamation by the State shall be compensated based on the current value of the asset.

3. The owner of illegally placed property as stipulated in Article 7 of this Decree may be supported by the provincial People's Committee, depending on specific circumstances.

Article 17. Compensation for house and architectural structure losses

1. For houses, architectural structures, and other assets attached to the land, compensation is made based on actual loss levels.

However, the total compensation level shall not exceed 100% and shall not be less than 60% of the value of the house and structure calculated based on the new construction cost with equivalent technical standards to the demolished structure.

The current value of the house and structure is determined as a percentage (%) of the value of the house and structure calculated based on the new construction cost. The new construction cost of the house and structure is the standard price issued by the provincial People's Committee in accordance with state regulations.

The specific amount of additional money is decided by the provincial People's Committee based on the proposal of the Land Resettlement Compensation Council.

Specifically, for Class IV houses, temporary houses, and independent ancillary structures, the compensation level is calculated based on the new construction cost of the house and structure with equivalent technical standards according to the standard price issued by the provincial People's Committee in accordance with state regulations.

2. For partially demolished houses and structures, if the remaining area cannot be used, full compensation for the entire structure will be provided.

3. For partially demolished houses and structures that still exist and can be used, compensation for the value of the demolished part and full repair and completion costs of the remaining part will be provided.

4. For houses and structures that can be dismantled and moved to a new location for installation, only the costs of dismantling, transportation, installation, and losses during these processes will be compensated.

5. The compensation amount for each household moving within the province or city ranges from VND 1,000,000 to VND 3,000,000; if moving to another province, it ranges from VND 3,000,000 to VND 5,000,000. The specific amount is determined by the provincial People's Committee.

Article 18. Handling cases of compensation for house and architectural structure losses

1. The owner of the property as stipulated in Clause 2 of Article 16 of this Decree, when suffering property losses due to land reclamation by the State, shall be compensated according to the provisions of Article 17 of this Decree.

2. The owner of the property who has houses or structures but lacks construction permits, shall be compensated or subsidized according to the following criteria based on the legality of the land and structures:

a) In rural areas:

Houses and structures built on land eligible for compensation as stipulated in Article 6 of this Decree shall be compensated according to the provisions of Article 17 of this Decree;

Houses and structures built on land ineligible for compensation as stipulated in Article 7 of this Decree, but constructed before the planning was established or in compliance with the planning without violating protected zones, shall be subsidized at 80% of the compensation level specified in Article 17 of this Decree; if constructed in violation of established planning or protected zones, no compensation shall be provided; in special cases, the provincial People's Committee may consider support on a case-by-case basis.

For houses and structures built in rural areas but now classified as urban areas, when the State reclaims the land, the compensation provisions of points a and b of Clause 2.1 of this Article shall apply.

b) In urban areas:

Houses and structures built on land eligible for compensation as stipulated in Article 6 of this Decree shall be compensated according to the provisions of Article 17 of this Decree.

Houses and construction works on land that are not objects entitled to compensation for losses as stipulated in Article 7 of this Decree, but were constructed at a time when there was no planning or they conformed to the planning, without violating the protection zone of the works, shall be subsidized at 70% of the compensation level prescribed in Article 17 of this Decree; if they violated the planning that had been announced or violated the protection zone of the works, then they will not be compensated; in special cases, the People's Committee of the province or centrally governed city may consider supporting each specific case.

3. Houses and architectural structures built on land that are not entitled to compensation according to Article 7 of this Decree, and which were constructed after being notified by competent state agencies that construction was not permitted or were constructed after October 15, 1993, shall not be compensated and shall not be subsidized. The person who illegally constructed such works must demolish them.

Article 19. Compensation for loss for tenants of state-owned housing.

1. Tenants of state-owned housing (rented or self-managed) within the area to be recovered must dismantle the houses, then the tenant shall not be compensated for the loss regarding the area of state-owned housing and the illegally extended area, but shall be compensated for costs incurred from self-improvement, repair, and upgrading; for the legal area, the compensation level shall be determined by the People's Committee of the province or centrally governed city for each specific case, in addition to support as provided for in Clause 5, Article 25 of this Decree.

2. Tenants of state-owned housing that must be demolished can purchase or rent housing elsewhere with an area not less than the old residence at the price of state-owned housing for sale or rental as prescribed by the Government on housing sales and business operations, and shall be compensated for relocation expenses as provided for in Clause 5, Article 17 of this Decree.

Article 20. Compensation for damage to graves.

For the relocation of graves, the compensation amount shall be calculated based on costs related to land, excavation, relocation, reconstruction, and other reasonable expenses directly related.

Article 21. Compensation for damage to cultural works, historical sites, communal houses, pagodas.

In projects where land recovery involves cultural works, historical sites, communal houses, the main approach should be conservation plans; in special cases where relocation is necessary, compensation for the relocation of historical sites, cultural works, churches, communal houses, shall be decided by the Prime Minister for works managed by the central government or by the Chairman of the People's Committee of the province or centrally governed city for works managed by local authorities.

Article 22. Compensation for damage to infrastructure technical works.

The compensation amount equals the value of newly constructed works with equivalent technical standards to those being demolished. Special cases shall be decided by the Prime Minister or the Chairman of the People's Committee of the province or centrally governed city for each specific case.

Article 23. Compensation for damage to crops.

1. The compensation amount for annual crops and livestock on water-covered land shall be calculated based on the harvest value of one year according to the average yield of the three previous years with the average price of similar agricultural and aquatic products in the locality at the time of compensation.

2. The compensation amount for perennial crops shall be calculated based on the current value of the orchard (excluding land value) at the time of land recovery according to the market price of the locality.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country.". Compensation for damage in the case of temporary land allocation.

Domestic organizations and individuals, foreign organizations and individuals allocated land temporarily by competent state agencies for use shall be responsible for compensating for losses of property and crops on the land for the current users as follows:

1. For property that must be demolished, compensation shall be made according to Article 17 of this Decree;

2. For crops and livestock on the land, compensation shall be made according to Article 23 of this Decree. If the usage period extends over multiple production seasons, compensation must be made for the stopped production periods. Upon expiration of the land usage period, the entity allocated temporary land shall be responsible for restoring the land to its original condition. If the land cannot be used for its original purpose upon return, compensation shall be made in cash sufficient to restore the land to its initial state.

PART IV
SUPPORT POLICY;

Article 25. Support for stabilizing production and living conditions.

1. Support for stabilizing production and living conditions for those who must relocate shall be calculated over a six-month period, with the subsidy amounting to the equivalent of 30 kilograms of rice per person per month at the average market price in the locality at the time of compensation. For large-scale projects where households and individuals whose land is reclaimed must move to new resettlement areas in different provinces, affecting their production and living conditions for a longer period, they shall receive support for stabilizing production and living conditions for one year and also enjoy policies for moving to new economic zones.

2. For enterprises that must relocate due to land reclamation, the project user shall be responsible for compensating for losses according to the subsidy system for idling workers during the period of cessation of production and business until normal operations resume at the new location, depending on the scale and ability to stabilize production and business at the new location.

3. For state agencies, political-social organizations, public institutions, and people's armed forces units that must relocate to new locations, all relocation costs shall be covered by the land user. The relocation cost level shall be budgeted by the unit and submitted to the Department of Finance and Price Control for review and approval by the Chairman of the People's Committee of the province or centrally governed city.

4. In addition to the compensation costs for land, property, and infrastructure technical facilities as stipulated in Chapter II and Chapter III of this Decree, entities allocated land or leased land by the State shall also be responsible for:

a) Support training costs for agricultural workers who must switch to other occupations due to land confiscation. The specific amount shall be publicly announced by the People's Committee of the province or centrally governed city and transferred to the workers or local organizations directly responsible for training.

b) If there is a need to recruit new workers, priority should be given to workers whose land has been confiscated.

5. Individuals currently using state-owned housing within the area designated for land confiscation and demolition, if they do not continue renting from the state, shall be supported financially to establish new accommodation, with support equal to 60% of the value of the land and 60% of the value of the rented house.

The value of the land shall be calculated based on the land price issued by the People's Committee of the province or centrally governed city according to the Government's regulations, multiplied by the area of the rented house, but shall not exceed the maximum limit set by the locality for newly allocated residential land in that urban area.

In cases where there is a need to request the State to allocate new residential land, the user must pay the land use fee as stipulated and receive assistance as provided above. The amount of residential land to be allocated shall be determined according to Articles 10 and 11 of this Decree.

6. For situations where all support measures have been applied but still fail to ensure a stable livelihood for the people, the Chairman of the People's Committee of the province or centrally governed city shall decide on additional support policies, and in special cases, report to the Prime Minister for decision. For projects involving relocation of more than fifty thousand residents, a report must be submitted to the National Assembly.

Article 26. Other support policies

Based on the actual conditions of the locality, the Chairman of the People's Committee of the province or centrally governed city may decide on certain compensation policies for those whose land has been confiscated, including:

1. Households receiving social welfare benefits from the State and required to relocate due to land confiscation shall be supported with a minimum of 1,000,000 dong.

2. Organizations, households, and individuals who are users of confiscated land, and who dismantle structures and move according to the plan of the Land Compensation and Relocation Committee, shall be rewarded up to a maximum of 5,000,000 dong per household.

Article 27. Costs for organizing land compensation and relocation

The costs for organizing land compensation and relocation, as well as related expenses, shall be budgeted by the Land Compensation and Relocation Committee and reported to the Director of the Department of Finance and Prices for review and inclusion in the compensation plan. The Ministry of Finance shall provide guidance on the content, management, and use of these funds.

CHAPTER V
ESTABLISHING RELOCATION AREAS FOR LAND ACQUISITION
IMPLEMENTATION OF LAND ACQUISITION

Article 28. Establishing relocation areas

Based on the local socio-economic development plan, the scale of land to be acquired, the availability of land for compensation, and the number of households and individuals requiring relocation to new residences, the People's Committee of the province or centrally governed city shall decide or delegate the People's Committee of the district, county, town, or centrally governed city within the province to decide and organize the establishment of centralized or decentralized relocation areas as appropriate to the local situation.

The planning and construction of relocation areas must comply with investment project plans and be approved by competent state authorities according to current regulations on investment and construction.

Article 29. Conditions that must be met for resettlement areas

1. Resettlement areas must be constructed in accordance with planning, standards, and construction regulations in urban or rural areas.

2. Prior to allocating residential land to households and individuals, the resettlement area must be equipped with appropriate infrastructure facilities suitable for the actual land use planning and construction land planning of the locality.

Article 30. Allocation of residential land in resettlement areas

The allocation of residential land in resettlement areas shall be carried out according to the following principles:

1. Priority shall be given to households that implement the land clearance plan early; followed by households belonging to social policy targets: those who have contributed to the Revolution, families of martyrs, wounded veterans, and disabled veterans;

2. In cases where the residential land fund for compensation is limited, the level of compensation in terms of land for each household shall be determined in the following order: households with larger areas of land expropriated receive more land compensation, while households with smaller areas of land expropriated receive less land compensation according to a unified ratio (%), but ensuring a minimum residential land compensation area of 100 square meters for rural households and 40 square meters for urban households. The difference in area and land value shall be compensated in cash.

3. In cases where the area of residential land expropriated is less than the minimum prescribed in Clause 2 of this Article, the person allocated new residential land in the resettlement area shall be allocated the minimum area as prescribed in Clause 2 of this Article and must pay the land use fee for the difference in area according to current regulations.

Article 31. Sources of funds for constructing resettlement areas

The sources of funds to ensure the construction of infrastructure in resettlement areas include:

1. Compensation costs for infrastructure damage at the location of land expropriation paid by organizations and individuals granted land use rights or land lease rights;

2. Utilization of land funds to generate capital;

3. Support from the persons granted land use rights or land lease rights. The specific level of support is decided by the People's Committee of the province or centrally-run city based on agreements reached with the persons granted land use rights or land lease rights;

4. Support from the State budget.

Capital investment for inland waterway transport works is used for the following purposes:

Chapter VI
IMPLEMENTATION

Article 32. Compensation and Land Clearance Damage Settlement Council

1. Decree No. 30/1998/NĐ-CP The decision to recover land by competent state agencies; based on the scale, characteristics, and nature of each project, the People's Committee of the province or centrally-run city directs the establishment of a Compensation and Land Clearance Damage Settlement Council at the district, county, town, or provincial city level.

The Compensation and Land Clearance Damage Settlement Council is responsible for assisting the same-level People's Committee in appraising the land clearance damage compensation plan, submitting it to the provincial-level Appraisal Council for review, then presenting it to the Chairman of the People's Committee of the province or centrally-run city for approval, and organizing the implementation of land clearance damage compensation according to the approved plan.

The district-level Compensation and Land Clearance Damage Settlement Council is chaired by the Chairman or Vice-Chairman of the District, County, Town, or Provincial City People's Committee, with other members including:

Director of the Finance Department, a standing member of the council;

Chairman of the People's Committee of the commune, ward, or town where the land is being expropriated, a member;

Representative of the United Front Organization at the district, county, town, or provincial city level, a member;

Project leader (land user), a member;

Representatives of those entitled to compensation.

Other members are appointed by the Chairman of the District, County, Town, or Provincial City People's Committee as appropriate to the reality of each project.

2. The Chairman of the District, County, Town, or Provincial City People's Committee is responsible for directing the Compensation and Land Clearance Damage Settlement Council, formulating the land clearance damage compensation plan, and submitting it to the provincial or centrally-run city Appraisal Council for review, serving as the basis for submission to the Chairman of the People's Committee of the province or centrally-run city for approval.

Members of the provincial or centrally-run city Appraisal Council include:

Director of the Department of Finance - Prices - Chairman of the Council;

Representative of the Department of Land Administration - a member.

Depending on the characteristics of the project, the Council Chairman may propose the Chairman of the People's Committee of the province or centrally-run city to appoint additional members as appropriate.

The maximum time for the Appraisal Council to review the land clearance damage compensation plan is 20 days from the date of receipt of the plan submitted by the district-level Compensation and Land Clearance Damage Settlement Council.

3. In necessary cases, the People's Committee of the province or centrally-run city establishes a provincial or centrally-run city Compensation and Land Clearance Damage Settlement Council, consisting of:

Representative of the leadership of the People's Committee of the province or centrally-run city - Chairman of the Council;

Director of the Department of Finance - Prices - Vice-Chairman of the Council;

Representative of the United Front Organization of the province or city;

Representative of the Department of Land Administration - a member;

Representative of the People's Committee of the district, county, town, or provincial city where the land is being expropriated - a member;

Project leader (land user) - a member;

Representatives of those entitled to compensation;

Additional members may be appointed by the Chairman of the People's Committee of the province or centrally-run city as appropriate to the reality of each project.

4. The Compensation and Land Clearance Damage Settlement Council is established for each project (project) and operates until the completion of the land clearance damage compensation for that project.

5. In cases involving small and simple projects, the project leader may negotiate with the land owners regarding the level of compensation according to the provisions of this Decree without necessarily establishing a land clearance council. The investor is responsible for reporting the compensation plan to the District, County, Town, or Provincial City People's Committee for approval and implementation.

Article 33. Responsibilities of People's Committees at all levels and sectors

1. The Chairman of the People's Committee of the province or centrally-run city is responsible for directing the Compensation and Land Clearance Damage Settlement Council to formulate the compensation plan and approve the land clearance damage compensation plan according to the proposal of the provincial-level Compensation and Land Clearance Damage Settlement Council or according to the proposal of the Chairman of the District, County, Town, or Provincial City People's Committee, which has been reviewed by the provincial-level Appraisal Council.

2. The Director of the Department of Finance - Prices is responsible for:

a) Determine the land price, the price of crops and livestock for compensation purposes and submit to the Chairman of the People's Committee of the province or centrally governed city for approval as the basis for guiding the Land Compensation and Relocation Committees at the district, county, town, and centrally governed city level to determine the compensation prices;

b) Review and inspect the determination of compensation prices, compensation levels, and subsidies reported by the Land Compensation and Relocation Committees at the district level;

c) Appraise the compensation prices, compensation levels, and subsidies for each organization and individual, compile and formulate the compensation plan (in cases where the Land Compensation and Relocation Committee is established at the provincial level), and report to the provincial Land Compensation and Relocation Committee for submission to the Chairman of the People's Committee of the province or centrally governed city for approval;

d) Directly supervise and inspect the disbursement of compensation and subsidies to each recipient and the costs associated with organizing the compensation and relocation process;

3. The Director of the Construction Department shall be responsible for:

a) Determining the scale, area, legality, and illegality of construction works attached to the land to be reclaimed as the basis for calculating compensation and subsidies for each recipient;

b) Determining the price of houses and construction works attached to the land for compensation purposes and submitting to the Chairman of the People's Committee at the same level for approval;

c) Cooperating with relevant agencies to determine the scale of resettlement areas that are appropriate to the overall development planning of the locality and submitting to the competent state authority for approval;

4. The Director of the Land Administration Department shall be responsible for:

a) Determining the scale and area of land eligible for compensation or not eligible for compensation, the degree of compensation or subsidy for each land user to be reclaimed as the basis for calculating compensation and subsidies for each recipient;

b) Cooperating with the Chairman of the People's Committee of the district, county, town, and centrally governed city to determine the availability of land for compensation through land exchange, reporting to the Chairman of the People's Committee of the province or centrally governed city, and sending to the Land Compensation and Relocation Committee as the basis for formulating the compensation plan;

c) Implementing land management tasks under the Land Law to organize compensation and establish new resettlement areas;

5. The Chairman of the People's Committee of the district, county, town, and centrally governed city where the land is being reclaimed shall be responsible for:

a) Directing the Land Compensation and Relocation Committee to formulate the compensation plan and report to the provincial Land Compensation and Relocation Committee for submission to the Chairman of the People's Committee of the province or centrally governed city for approval;

b) Determining the compensation or subsidy levels for each organization, household, and individual and reporting to the provincial or centrally governed city Land Compensation and Relocation Committee (in cases where the Land Compensation and Relocation Committee is established at the provincial or centrally governed city level);

c) Organizing the implementation of land compensation and relocation according to the approved compensation plan by the Chairman of the People's Committee of the province or centrally governed city;

6. The entity assigned or leased land (project owner) shall be responsible for:

Participating in the Land Compensation and Relocation Committee, providing necessary documents for the Committee to perform its duties;

Organizing timely payment of compensation to recipients of land compensation or immediate provision of subsidies after the compensation plan is approved by the competent authority;

7. The Land Compensation and Relocation Committee operates on a part-time basis and receives allowances according to the concurrent position system. The specific allowance amount is determined by the Chairman of the People's Committee of the province or centrally governed city based on the proposal of the Director of the Finance and Price Department;

Article 34. Procedure for implementing compensation

1. When there is a decision to reclaim land, the Chairman of the People's Committee of the province or centrally governed city directs the establishment of the Land Compensation and Relocation Committee. In cases where it is necessary to quickly clear the land for project implementation, the committee may be established before the land reclamation decision is made. The Land Compensation and Relocation Committee distributes declaration forms, conducts publicity, guides declarations, and collects declaration forms. The Land Administration Department cooperates with the People's Committee of the district, county, town, and centrally governed city to review the land fund available for compensation through land exchange;

2. Organizations and individuals whose land is being reclaimed declare the area, grade, type, location of the land, quantity of assets... currently on the land and send them to the People's Committee of the commune, ward, town where the land is located for confirmation and send to the district-level Land Compensation and Relocation Committee or the People's Committee of the district, county, town, and centrally governed city (if the Land Compensation and Relocation Committee is established at the provincial or centrally governed city level);

3. The Land Compensation and Relocation Committee inspects and appraises actual losses compared to the declarations with the participation of the affected parties and land users (the responsible compensators). Based on this, they determine the losses of land and assets of organizations, households, and individuals whose land is being reclaimed and assets that need to be demolished;

4. The People's Committee of the commune, ward, town compiles and reports to the district-level Land Compensation and Relocation Committee and the People's Committee of the district, county, town, and centrally governed city on the situation of using the land fund for compensation at the commune level;

5. The Land Compensation and Relocation Committee determines the total compensation amount for the entire reclaimed land area, all current assets on the land, and other compensation amounts; determines the compensation and subsidy levels for each recipient; compiles and formulates the compensation plan to:

a) Report to the provincial Land Compensation and Relocation Committee for submission to the Chairman of the People's Committee of the province or centrally governed city for approval in cases where the Land Compensation and Relocation Committee is established at the district, county, town, and centrally governed city level;

b) Submit to the Chairman of the People's Committee of the province or centrally governed city for approval in cases where the Land Compensation and Relocation Committee is established at the provincial or centrally governed city level;

6. The compensation plan is divided into two parts:

Part I: Determining the compensation amount that the land-using entity must pay within the scope provided for in Article 4 of this Decree;

Part II: Determining the compensation and subsidy amounts for each land user whose land is being reclaimed.

Pursuant to the compensation plan approved by the Chairman of the People's Committee of the province or centrally governed city, organizations and individuals granted land use rights or land lease rights under Article 1 of this Decree shall be responsible for paying compensation to those entitled to compensation, funding infrastructure construction costs at resettlement areas as stipulated in this Decree, paying to the State budget the compensation for land losses as specified in Article 14 of this Decree, supporting land users whose land is being reclaimed, covering direct expenses for implementing compensation and clearance activities. For projects funded by the central government budget, before being approved by the People's Committee of the province or centrally governed city, the project owner must report the compensation plan to the Ministry of Finance for comments.

7. In cases where the People's Committee of the province or centrally governed city stipulates compensation levels exceeding those prescribed in this Decree, the excess compensation shall be paid from the local budget.

8. For projects where the land users have not been identified when compensation and clearance are carried out, the People's Committee of the province or centrally governed city shall directly implement the compensation and payment. All compensation costs calculated according to this Decree shall be allocated to organizations and individuals using land within the scope of the project and paid into the State budget immediately after the decision on land allocation or lease is issued.

9. For projects involving multiple localities, before approval by the People's Committee of the province or centrally governed city, the project owner must report the compensation plan to the Ministry of Finance for unified resolution.

10. If the actual area of land recovered exceeds the area to be allocated or leased, the compensation costs for land and property on the land for the recovered but unallocated or unleased area shall be covered by the State budget in accordance with the Law on State Budget.

Article 35. Assigning responsibility for compensation and clearance to enterprises

Depending on the scale of land use and the nature of each project, the People's Committee of the province or centrally governed city may assign the responsibility for compensation and clearance to enterprises with functions and conditions to operate infrastructure as stipulated in Article 21 of Decree No. 85/CP dated December 17, 1996 of the Government on the implementation of the Ordinance on Rights and Obligations of Domestic Organizations Granted Land Use Rights or Leased Land by the State.

Enterprises shall be responsible for implementing compensation in accordance with this Decree.

All compensation costs incurred by enterprises in accordance with this Decree shall be borne by organizations and individuals using land within the scope of the project. In cases where enterprises construct and operate infrastructure and lease land after compensation and clearance, the compensation costs shall be accounted for in the infrastructure project in accordance with regulations on infrastructure operation and leasing.

Article 36. Responsibilities of the Ministry of Finance, the Ministry of Construction, and the General Department of Land Administration

1. Responsibilities of the Ministry of Finance:

a) Taking the lead in coordinating with relevant sectors to guide specific compensation for projects upon request by the People's Committee of the province or centrally governed city. Organizing timely collection and distribution of compensation funds from the State budget.

b) Inspecting the implementation of compensation policies.

c) Directly inspecting and guiding the implementation of compensation for projects funded by the central government budget.

2. Responsibilities of the Ministry of Construction:

a) Guiding and inspecting People's Committees at all levels in determining the legality of construction works for compensation purposes, establishing resettlement areas.

b) Coordinating with other ministries and sectors to guide and inspect the implementation of compensation and clearance according to their assigned authority.

3. Responsibilities of the General Department of Land Administration:

a) Guiding and inspecting People's Committees at all levels in identifying land users eligible for compensation, support, or non-compensation as a basis for compensation.

b) Implementing land management tasks related to compensation and resettlement area establishment.

Article 37. Responsibilities of organizations, households, and individuals whose land is reclaimed by the State

Organizations, households, and individuals whose land is reclaimed by the State for purposes specified in Article 1 of this Decree shall comply fully and on time with the land reclamation and clearance requirements set by competent state authorities. Failure to comply will result in compulsory relocation reported by the Compensation and Clearance Council to the People's Committee at the same level.

Article 38. Complaints and Statute of Limitations

If a person whose land is reclaimed believes that the compensation decision does not comply with regulations, they have the right to file a complaint and it will be resolved according to the Ordinance on Citizen Complaints and Prosecutions. The complainant must submit the complaint to the competent state authority within 15 days from receiving the compensation decision; beyond this period, the complaint will lose its validity for consideration and resolution.

While waiting for the complaint resolution, compliance with relocation and land handover according to the plan set by the competent state authority must still be maintained.

Article 39. Ministers of Ministries, Heads of agencies equivalent to Ministries, and Chairmen of the People's Committees of provinces and centrally governed cities are responsible for enforcing this Decree.

If the project owner agrees with the land user to accept a lower compensation level than stipulated in this Decree and obtains permission from the People's Committee of the province or centrally governed city, the agreed compensation level shall apply.

Article 40. This Decree replaces Decree No. 90/CP dated August 17, 1994 of the Government and takes effect 15 days after its signing. Other provisions contrary to this Decree are abolished.

For ongoing compensation projects, depending on the extent of their incompleteness, the People's Committee of the province or centrally governed city shall decide on the compensation plan./.