Circular No. 2287/TC/HCSN guides the payment for requisitioned assets and compensation in land reform for localities. The document specifies detailed regulations on asset requisition, purchase, and assistance for compensation to working farmers who were incorrectly classified, along with the conversion of asset value at the time of issuance.
Scope of application
Provincial Finance and Price Departments
Key points
- Traitors, reactionaries, and wicked landlords are subject to the confiscation of all or part of their assets (Article a).
- Democratic figures, landlords who resisted, and ordinary landlords have their assets purchased under the form of government bonds with an interest rate of 1.5% per year over a period of 10 years (Article a).
- Land of landlords that has been dispersed is purchased gradually within a period not exceeding five years (Article a).
- Compensation for working farmers who were incorrectly classified depends on the locality's capacity; if the locality's capacity is exhausted, assistance will be provided through the purchase of assets and gradual repayment over a period of five years (Article b).
- The monetary value on original documents is converted into rice according to the rice price at the time of issuance of the document (Article 2).
🌐 Social impact of this document
- People holding government bond certificates or receipts will be paid for requisitioned assets and compensation.
- Those without documents or who do not qualify for certificate issuance will not be resolved.
- Converting monetary value into rice based on the time of issuance of the document ensures fairness during the payment process.
❓ Frequently asked questions
Which landlords have their assets confiscated?
Traitors, reactionaries, and wicked landlords are subject to the confiscation of all or part of their assets (Article a).
What is the interest rate for government bonds issued for asset purchases?
The interest rate for government bonds issued for asset purchases is 1.5% per year over a period of 10 years (Article a).
What is the repayment period for gradually purchasing dispersed landlord land?
Land of landlords that has been dispersed is purchased gradually within a period not exceeding five years (Article a).
What is the rice price converted from the monetary value on original documents?
The rice price converted from the monetary value on original documents is 225 dong/kg if issued before February 27, 1959, and 0.225 dong/kg if issued after this date (Article 2).
Who qualifies for assistance in compensation?
Working farmers who were incorrectly classified will receive assistance for compensation based on the locality's capacity; if the locality's capacity is exhausted, assistance will be provided through the purchase of assets and gradual repayment over a period of five years (Article b).
Full text
LETTER
OF THE MINISTRY OF FINANCE NO. 2287 TC/HCSN ON SEPTEMBER 18, 2002
REGARDING THE PAYMENT OF SEIZED AND PURCHASED ASSETS, COMPENSATION IN
LAND REFORM
Respectfully submitted to: Departments of Finance and Prices of provinces and cities
On November 7, 2001, the Ministry of Finance issued Circular No. 10646 TC/HCSN guiding the payment of seized and purchased assets, compensation in land reform. After a period of implementation, there are still some difficulties. The Ministry of Finance provides additional guidance on the following points:
1. Regarding the policy of seizure, purchase, and compensation in land reform:
a. Regarding seizure and purchase:
The Land Reform Law promulgated on December 4, 1953 stipulates:
- For traitors, reactionaries, and cruel landlords, all or part of their land, cattle, farming tools, food, surplus houses, and other property will be confiscated depending on the severity of their crimes.
- For democratic intellectuals, landlords who fought against the enemy, and ordinary landlords: all land and property will be purchased under the form of bonds with a term of 10 years and an interest rate of 1.5% per year.
- For scattered land of landlords: the purchase will be made gradually within a maximum period of 5 years.
Based on the Land Reform Law, the Provincial and District People's Committees implemented the purchase of assets during land reform for landlords using two types of certificates.
- Bonds (some places noted temporary bonds) to purchase land and property of landlords, with a term of 10 years and an interest rate of 1.5% per year.
- Receipts (or temporary receipts) to purchase property of landlords.
Both types of certificates clearly state the quantity of seized and purchased land and property of landlords converted into rice quantities or recorded in monetary value as the basis for payment.
b. Regarding assistance for compensation to farmers mistakenly classified:
From 1957 to 1959, many documents from the Prime Minister and the Ministry of Finance guided the payment of compensation to farmers mistakenly classified. Decree No. 417-TTg dated September 11, 1957, and Decree No. 105/TTg dated February 10, 1958 of the Prime Minister stipulated assistance for compensation to the people mistakenly classified; Circular No. 55/TC-HCP dated May 8, 1958 of the Ministry of Finance provided for the payment of compensation as follows:
"Utilize the capacity of localities, based on discussions between farmers to compensate those mistakenly classified. Only when localities exhaust their capacity will the government provide assistance by purchasing the remaining land and cattle of farmers and repay gradually over five years." In reality, the compensation process began in 1958 and ended in 1962, with some areas continuing until 1965.
According to these regulations, not all landlords were entitled to have the State purchase their assets or assist in compensation through asset purchases. It is requested that the Departments of Finance and Prices explain this to the people. For those who previously received bond certificates or receipts but now no longer possess them, and for cases where none of the three types of certificates for seizure or compensation in land reform were issued, there is no basis for the State to consider and resolve. Any confirmation, verification, or self-declaration at present has no value for resolution.
2. Regarding conversion in payment:
On July 2, 1959, the President issued Decree No. 015-SL allowing the National Bank of Vietnam to issue new currency. The unit of currency changed according to the ratio of 1 new bank note equaling 1000 old bank notes.
Therefore, when reviewing payments for bonds or receipts issued and partially paid before February 27, 1959, the monetary value recorded on the original document is converted to rice at a price of 225 dong per kilogram (according to Circular No. 55 TC/TT/HCP dated May 8, 1958 of the Ministry of Finance). For bonds or receipts issued after February 27, 1959, the monetary value recorded on the original document is converted to rice at a price of 0.225 dong per kilogram.
There are some cases where due to errors by officials recording documents, the issuance date or the value in rice or money was not recorded. When making payments, it must be based on one of the factors: the quantity of assets or the monetary value, compared with similar cases fully recorded to determine the basis for payment to the people.
Payments must deduct amounts previously paid or any compensation, rice, taxes, and fees recorded on the documents. Interest is only paid according to the time and interest rate recorded on the original document. The rice price for converting subsidies to the people is the agricultural tax collection price at the time of payment in the locality.
It is requested that localities base themselves on the above guidance, review and resolve each specific case, complete the payment process in 2002, and submit a report on the implementation situation to the Ministry of Finance for consolidation and reporting to the Prime Minister.
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