Decree No. 47/2014/NĐ-CP on compensation, support, and resettlement when land is reclaimed by the State

DECREE

Provisions on compensation, support; resettlement when the State recovers land

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

The Government issues this Decree on management and development of industrial clusters.

At the proposal of the Minister of Natural Resources and Environment,

At the proposal of Issuing a Decree to provide for compensation, support; resettlement when the State recovers land.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed provisions of certain Articles and Clauses of the Land Law regarding compensation, support, and resettlement when the State recovers land.

Article 2. Applicability

1. The agency performing state management functions over land; organizations carrying out tasks of compensation and clearance of land.

2. The land user as stipulated in Article 5 of the Land Law when the State recovers land.

3. Other organizations and individuals related to compensation, support, and resettlement when the State reclaims land.

Chapter II

DETAILED PROVISIONS ON COMPENSATION, SUPPORT,

 RELOCATING WHEN THE STATE RECOVERS LAND

Article 3. Compensation for investment costs remaining in land when the State recovers land for national defense, security purposes; economic and social development for national interests, public benefits

1. The subjects entitled to compensation for investment costs remaining in land when the State recovers land for national defense, security purposes; economic and social development for national interests, public benefits are cases as prescribed in Article 76 of the Land Law.

2. Investment costs remaining in land are costs that the land user has invested in land consistent with the purpose of land use but have not been fully recovered at the time the competent state authority decides to recover the land. Investment costs remaining in land include all or part of the following costs:

a) Land leveling costs;

b) Costs to improve soil fertility, desalinate, and prevent erosion for agricultural land use;

c) Costs to reinforce the load-bearing capacity against vibration and subsidence for production and business land use;

d) Other related costs invested in land consistent with the purpose of land use.

3. Conditions for determining investment costs remaining in land:

a) There are documents proving the investment in land. In cases where there are no documents proving investment costs remaining in land, the People's Committee of the province/city directly under the central government (hereinafter referred to as the provincial People's Committee) shall determine the investment costs remaining in land based on the actual situation in the locality;

b) Investment costs in land must not originate from the state budget.

4. Investment costs remaining in land must be calculated in accordance with market prices at the time of the decision to recover land and determined according to the following formula:

Where:

P: Investment costs remaining in land;

P1: Land leveling costs;

P2: Costs to improve soil fertility, desalinate, and prevent erosion for agricultural land use;

P3: Costs to reinforce the load-bearing capacity against vibration and subsidence for production and business land use;

P4: Other related costs invested in land consistent with the purpose of land use;

T1: Land use period;

T2: Remaining land use period.

For cases where investment in land occurs after the date of land allocation or lease by the State, the land use period (T1) is calculated from the date of investment in land.

Article 4. Compensation, support when the State recovers agricultural land exceeding the quota due to receiving transfer of land use rights for households and individuals

Compensation, support when the State recovers agricultural land exceeding the quota due to receiving transfer of land use rights for households and individuals as prescribed in Point c Clause 1 Article 77 of the Land Law shall be implemented as follows:

1. Households and individuals currently using agricultural land exceeding the quota received the transfer of land use rights before July 1, 2014 through inheritance, gift, or purchase of land use rights from others in accordance with the law and meeting the conditions for compensation shall be compensated and supported based on the actual area recovered by the State.

2. In cases where households and individuals currently using agricultural land as stipulated in this Clause do not have a Certificate of Land Use Rights or do not meet the conditions for issuance of a Certificate of Land Use Rights, ownership certificate of houses and other assets attached to land as prescribed by the Land Law, they shall only be compensated for the area within the land allocation quota. For the portion of agricultural land exceeding the land allocation quota, they shall not be compensated for land but may be considered for support as prescribed in Article 25 of this Decree.

3. The land use period for calculating compensation for agricultural land currently used by households and individuals with origins from land allocated by the State for agricultural production purposes, recognized land use rights, or transferred land use rights in accordance with the laws on land shall be applied as if the land was granted for long-term stable use.

Article 5. Compensation for land and investment costs in remaining land when the State recovers land being used by community residents and religious establishments

1. The compensation for land and investment costs in remaining land when the State recovers agricultural land being used by community residents and religious establishments as stipulated in Clause 3, Article 78 of the Land Law shall be implemented as follows:

a) For agricultural land used before July 1, 2004 (the date on which the 2003 Land Law came into effect), with origins not being land granted by the State without payment of land use fees, land leased by the State with annual rent payments, having a Certificate of Land Use Rights or meeting conditions to obtain such a certificate according to Articles 100 and 102 of the Land Law, shall be compensated for land according to Clause 2, Article 74 of the Land Law;

b) For agricultural land used with origins being land granted by the State without payment of land use fees, or land leased by the State with annual rent payments, shall not be compensated for land but shall be compensated for investment costs in remaining land (if any). The determination of investment costs in remaining land for compensation purposes shall be carried out according to the provisions of Article 3 of this Decree.

2. The compensation for land and investment costs in remaining land when the State recovers non-agricultural land other than residential land being used by community residents and religious establishments as stipulated in Clause 5, Article 81 of the Land Law shall be implemented as follows:

a) For non-agricultural land used before July 1, 2004, which is not land with origins being granted by the State without payment of land use fees, or land leased by the State with annual rent payments, having a Certificate of Land Use Rights or meeting conditions to obtain such a certificate according to Articles 100 and 102 of the Land Law, shall be compensated for land according to Clause 2, Article 74 of the Land Law.

In the case where non-agricultural land of religious establishments was used from July 1, 2004 until the date of the Official Notice of Land Recovery issued by the competent state agency, with origins being transferred or gifted, shall not be compensated for land;

b) For non-agricultural land with origins being land granted by the State without payment of land use fees, or land leased by the State with annual rent payments, shall not be compensated for land but shall be compensated for investment costs in remaining land (if any). The determination of investment costs in remaining land for compensation purposes shall be carried out according to the provisions of Article 3 of this Decree.

In the case of recovering the entire area or part of the area where the remaining land area is not sufficient to continue using, if community residents or religious establishments still have a need to use land for common purposes, they will be allocated new land elsewhere; the allocation of new land elsewhere must comply with the land use planning and plan already approved by the competent state agency.

Article 6. Compensation for land when the State recovers residential land

The compensation for land when the State recovers residential land as stipulated in Article 79 of the Land Law shall be implemented as follows:

1. Households, individuals currently using residential land, Vietnamese citizens residing abroad who own houses attached to land use rights in Vietnam, when the State recovers residential land and have a Certificate of Land Use Rights or meet conditions to obtain such a certificate according to the laws on land, the compensation for land shall be carried out as follows:

a) In the case of recovering all residential land or the remaining residential land area after recovery is insufficient for living according to the regulations of the provincial People's Committee and the household or individual does not have any other residential land or house in the commune, ward, town where the recovered residential land is located, then they shall be compensated with residential land or resettlement housing;

b) In the case of recovering all residential land or the remaining residential land area after recovery is insufficient for living according to the regulations of the provincial People's Committee and the household or individual has other residential land or houses in the commune, ward, town where the recovered residential land is located, then they shall be compensated with money. In areas with conditions regarding residential land reserves, they may be considered for compensation with residential land.

2. In households as stipulated in Clause 1 of this Article, if there are multiple generations or multiple couples cohabiting on one plot of recovered residential land and meet the conditions to separate into individual households according to the laws on residence, or if there are multiple households sharing the use of one plot of recovered residential land, the provincial People's Committee shall base on the residential land and resettlement housing reserve and the actual situation at the locality to decide the amount of residential land and resettlement housing for each household.

3. Households, individuals, Vietnamese citizens residing abroad belonging to the cases stipulated in Clause 1 of this Article who do not have a need for compensation with residential land or resettlement housing shall be compensated with money by the State.

4. For households, individuals currently using land when the State recovers land attached to houses in cases requiring relocation but do not meet the conditions for compensation for residential land, if there is no other place to live in the commune, ward, town where the recovered residential land is located, then the State shall sell, lease, lease-purchase houses or allocate residential land with payment of land use fees. The selling price, leasing price, lease-purchase price of houses; the land price for calculating land use fees when the State allocates land shall be determined by the provincial People's Committee.

5. In cases where there remains agricultural land that has not been recognized as residential land within the plot of residential land being expropriated, the household or individual whose land is being expropriated may convert the purpose of use of such remaining area to residential land within the local residential land allocation limit, if the household or individual requests it and the conversion to residential land is consistent with the approved land use plan and land use plan by competent state authorities. When converting the purpose of land use, the household or individual must fulfill financial obligations according to the laws on land use fees; land rental fees; and water surface rental fees.

6. Economic organizations, overseas Vietnamese, and foreign-invested enterprises currently using land for housing construction projects, when the State expropriates the land, shall be compensated according to the provisions of Article 75 of the Land Law if they meet the conditions for compensation stipulated therein. The compensation shall be carried out as follows:

a) In cases where part of the project's land area is expropriated but the remaining area still meets the conditions to continue the project, compensation shall be provided in cash for the expropriated land area.

b) In cases where the entire land area or part of the project's land area is expropriated and the remaining area does not meet the conditions to continue the project, compensation shall be provided either in land to implement the project or in cash.

c) For projects already put into operation when the State expropriates the land, compensation shall be provided in cash.

Article 7. Compensation for land and investment costs in remaining land when the State expropriates non-agricultural land that is not residential land from households and individuals

The compensation for land and investment costs in remaining non-residential non-agricultural land of households and individuals as stipulated in Article 80 of the Land Law shall be implemented as follows:

1. Households and individuals currently using non-agricultural land that is not residential land when the State expropriates the land, if they meet the conditions for compensation under Article 75 of the Land Law, shall be compensated for land as follows:

a) For land used with a term, compensation shall be provided in land with the same purpose of use as the expropriated land; the term of use for the compensated land shall be the remaining term of use of the expropriated land; if there is no land available for compensation, then compensation shall be provided in cash and calculated as follows:

Where:

Tbt: The amount of compensation;

G: The specific land price at the time of the decision to expropriate the land; if the land was granted by the State with payment of land use fee, G is the specific land price for calculating the land use fee, if the land was leased by the State with a one-time payment for the entire lease period, G is the specific land price for calculating the land lease fee;

S: The area of expropriated land;

T1: Land use period;

T2: The remaining term of use;

b) If the household or individual is compensated in land and wishes to use it for a longer term than the remaining term of use of the expropriated land, the competent state authority may extend the term of use, but the land user must fulfill financial obligations for the extended period according to the laws on land.

2. Households and individuals using non-agricultural land that is not residential land, which is leased by the State with annual land lease fees, or leased with a one-time payment for the entire lease period but exempted from land lease fees, except in cases stipulated in Clause 3 of this Article, shall not be compensated for land but shall be compensated for investment costs in remaining land (if any) according to the provisions of Article 3 of this Decree.

3. Households and individuals currently using non-agricultural land that is not residential land, which is leased by the State with a one-time payment for the entire lease period but exempted from land lease fees due to policies for persons who have rendered meritorious service to the revolution, shall be compensated for land. Based on actual conditions and land funds at the locality, the provincial People's Committee shall specify the compensation.

4. Households and individuals currently using commercial, service, non-agricultural production base, and other non-agricultural land with a stable long-term use period, if meeting the conditions for compensation under the laws when the State expropriates the land, shall be compensated for land at the residential land price.

5. Households and individuals currently using land with houses before July 1, 2004, with origins from encroachment, when the State expropriates the land, if they have no other place to live, the State shall allocate new residential land with payment of land use fees or sell resettlement housing. The residential land price for land use fees and the sale price of resettlement housing are determined by the provincial People's Committee.

Article 8. Compensation for land and remaining investment costs when the State recovers non-agricultural land that is not residential land from economic organizations and joint ventures

1. The compensation for land when the State recovers cemetery and burial ground land from economic organizations as stipulated in Clause 2, Article 81 of the Land Law shall be implemented as follows:

a) In cases where the entire area or part of the area is recovered and the remaining area is not sufficient to continue implementing the cemetery or burial ground construction project, the project owner shall be compensated by the State through the allocation of new land with the same purpose of use if the project has transferred land use rights linked to infrastructure; or compensated in cash if the project is still in the construction phase of infrastructure and has not yet transferred land use rights linked to such infrastructure.

b) In cases where part of the area is recovered but the remaining area is sufficient to continue using it as a cemetery or burial ground, the project owner shall be compensated in cash for the recovered land area. If there are graves on the recovered land area, they shall be relocated to the remaining project area; if the remaining project area has been fully transferred, the project owner shall be compensated by the State through the allocation of new land elsewhere to establish a cemetery or burial ground for relocating graves in the recovered land area.

The allocation of land elsewhere to establish a cemetery or burial ground as stipulated in this point must comply with the land planning and land use plan already approved by competent state authorities.

2. Joint ventures using non-agricultural land that is not residential land received as capital contribution through land use rights as stipulated in Article 184 of the Land Law shall be compensated for land according to Clause 2, Article 74 of the Land Law in the following cases:

a) Land contributed by economic organizations under Article 184 of the Land Law, which was granted by the State with payment for land use rights, or leased with one-time payment for the entire lease period, and the land use fee or lease fee has been paid without originating from the state budget;

b) Land granted by the State to economic organizations without payment for land use rights, or granted with payment for land use rights where the land use fee originates from the state budget, or leased annually with payment for lease rights, and the value of land use rights is provided by the state budget to the enterprise without recording debt and without returning the lease fee as prescribed by laws on land;

c) Land contributed by economic organizations with origins from transferring land use rights in accordance with the law, and the amount paid for the transfer does not originate from the state budget;

d) Land granted by the State with payment for land use rights, or leased with one-time payment for the entire lease period to overseas Vietnamese; in joint ventures, the Vietnamese side contributes land use rights, now converted into a foreign-owned enterprise.

Article 9. Compensation for damage to houses and other attached construction works when the State recovers land

The compensation for houses and other attached construction works when the State recovers land as stipulated in Clause 2, Article 89 of the Land Law shall be implemented as follows:

1. The compensation amount for houses and construction works equals the current total value of the damaged houses and construction works plus a percentage amount based on the current value of those houses and construction works.

The current value of the damaged houses and construction works is determined by multiplying the remaining quality percentage of the houses and construction works by the new construction value of houses and construction works with equivalent technical standards issued by the relevant ministry.

The percentage amount based on the current value of houses and construction works is specified by the provincial People's Committee, but the compensation amount shall not exceed 100% of the new construction value of houses and construction works with equivalent technical standards to the damaged ones.

2. The current value of the damaged houses and construction works is calculated using the following formula:

Where:

Tgt: Current value of the damaged houses and construction works;

G1: New construction value of the damaged houses and construction works with equivalent technical standards issued by the relevant ministry;

T: Depreciation period applicable to the damaged houses and construction works;

T1: Period during which the damaged houses and construction works have been in use.

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

4. For houses and construction works that do not meet the technical standards set by the relevant ministry, the provincial People's Committee shall specify specific compensation amounts suitable for local conditions.

Article 10. Compensation for damage due to restricted land use capacity and damage to property attached to land within the safety zone when constructing works with protective zones.

Compensation for damage due to restricted land use capacity and damage to property attached to land within the safety zone when constructing works with protective zones as stipulated in Article 94 of the Land Law shall be implemented as follows:

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

a) Changing the purpose of land use from residential land to non-agricultural land that is not residential land or from residential land to agricultural land, the level of compensation for damage shall be determined as follows:

Tbt = (G1 - G2) x S

Where:

Tbt: Compensation money for damage;

G1: Average price of residential land per square meter;²;

G2: Average price of non-agricultural land that is not residential land or average price of agricultural land per square meter;²;

S: Area of land whose purpose of use has been changed;

b) Changing the purpose of land use from non-agricultural land that is not residential land to agricultural land, the level of compensation for damage shall be determined as follows:

Tbt = (G3 - G4) x S

Where:

Tbt: Compensation money for damage;

G3: Average price of non-agricultural land that is not residential land per square meter;²;

G4: Average price of agricultural land per square meter;²;

S: Area of land whose purpose of use has been changed.

2. In cases where there is no change in the purpose of land use but the ability to use the land is restricted, the determination of the level of compensation for damage shall be specified by the People's Committee of the province based on the actual situation in the locality.

3. Houses, other construction works, and other properties attached to land located within the safety zone that suffer damage due to clearance shall be compensated according to the level of damage as prescribed.

4. When the protective zone of the work occupies more than 70% of the area of the plot with houses or construction works, the remaining area of land shall also be compensated according to the provisions of Clause 1 and Clause 2 of this Article.

5. Households and individuals using residential land located within the safety zone when constructing public works with protective zones must move their residence without having another place to reside within the commune, ward, town where the land in the safety zone is located, shall be resettled; compensated for relocation costs, and supported to stabilize their living and production.

Article 11. Compensation and support for land when the State expropriates land granted beyond authority before July 1, 2004 but paid for land use rights without receiving a Certificate of Land Use Right.

For land granted beyond authority before July 1, 2004, but the person currently using the land has paid for land use rights without receiving a Certificate of Land Use Right, the implementation of compensation and support for land shall be carried out as follows:

1. In cases where the land was used before October 15, 1993, the person currently using the land shall be compensated for land for the area and type of land granted.

2. In cases where the land was used from October 15, 1993 to before July 1, 2004, the person currently using the land shall be compensated and supported as follows:

a) Compensated and supported for the area of land granted which is agricultural land, non-agricultural land that is not residential land, residential land within the limit of land allocation prescribed in Clause 2, Article 83 and Clause 5, Article 84 of the Land Law 2003;

b) Compensated for land for the area of land granted which is residential land exceeding the limit of land allocation prescribed in Clause 2, Article 83 and Clause 5, Article 84 of the Land Law 2003, but must deduct the land use fee payable according to the Government's regulations on collecting land use fees.

3. The compensation for property attached to land being expropriated shall be carried out according to the provisions of the Land Law and this Decree.

Article 12. Compensation and support for land when the State recovers land where the actual measured area differs from the area recorded on the land use right certificate

In cases where the State recovers land and the actual measured area differs from the area recorded on the land use right certificate as stipulated in Clauses 1, 2, and 3 of Article 100 of the Land Law and Article 18 of Decree No. 43/2014/NĐ-CP dated May 15, 2014 of the Government detailing the implementation of certain provisions of the Land Law (hereinafter referred to as Decree No. 43/2014/NĐ-CP), compensation shall be provided according to the following provisions:

1. If the actual measured area is smaller than the area recorded on the land use right certificate, compensation shall be provided based on the actual measured area.

2. If the actual measured area is larger than the area recorded on the land use right certificate due to inaccurate previous measurements or because the land user did not declare the full area during previous registration but the entire boundary of the plot has remained unchanged without disputes with adjacent land users and without encroachment, compensation shall be provided based on the actual measured area.

3. If the actual measured area of the land is larger than the area recorded on the land use right certificate and this excess area is confirmed by the People's Committee of the commune, ward, or town (hereinafter referred to as the People's Committee at the commune level) where the land is located as being due to reclamation or transfer of rights from a previous land user, and the land has been stably used without dispute, compensation shall be provided based on the actual measured area.

4. For the portion of the land area that exceeds the area recorded on the land use right certificate due to encroachment, compensation for land shall not be provided.

5. The compensation for assets attached to the land in cases of land recovery specified in Clauses 2 and 3 of this Article shall be carried out in accordance with the provisions of the Land Law and this Decree.

Article 13. Compensation for land for persons using land without a land use right certificate

1. When the State recovers land and the land user does not have a land use right certificate as stipulated in Clauses 1, 2, and 3 of Article 100 of the Land Law and Article 18 of Decree No. 43/2014/NĐ-CP but meets the conditions for issuing a Certificate of Land Use Right, House Ownership, and Other Assets Attached to Land as stipulated in Articles 101 and 102 of the Land Law and Articles 20, 22, 23, 25, 27, and 28 of Decree No. 43/2014/NĐ-CP, compensation for land shall be provided.

2. In cases where the person whose land is recovered is compensated in cash, the amount of compensation must deduct the financial obligation amount as prescribed by laws on land use fee collection; land lease fees, and water surface lease fees.

Article 14. Compensation for houses and structures for persons using state-owned housing

1. Persons who are currently using state-owned housing (rented or self-managed) within the scope of land recovery that requires demolition shall not be compensated for the area of state-owned housing and any unauthorized extensions, but they will be compensated for costs incurred in self-improvement, repair, and upgrading; the level of compensation shall be determined by the provincial People's Committee.

2. Persons who are currently using state-owned housing that is demolished may rent housing in the resettlement area; the rental price for the house is the rental price for state-owned housing; rented housing in the resettlement area can be sold to tenants according to the Government's regulations on selling state-owned housing to tenants; in special cases where there is no resettlement housing available, monetary support shall be provided to enable them to find new accommodation; the support amount is 60% of the value of the land and 60% of the value of the rented house.

Article 15. Compensation for land for those currently having joint usufruct rights over land

1. Organizations, households, and individuals currently using land jointly with usufruct rights shall be compensated according to the area of land under their usufruct rights when the State reclaims the land; if there are no documents specifying the area of land under individual usufruct rights of organizations, households, and individuals, compensation shall be provided collectively to those with joint usufruct rights.

2. The People's Committee of the province shall guide the division of land compensation funds among the subjects with joint usufruct rights as stipulated in Clause 1 of this Article.

Article 16. Compensation, support, and resettlement for cases of reclaiming residential land in areas threatened by environmental pollution that endangers human life; residential land at risk of landslides, subsidence, or other natural disasters threatening human life

1. The compensation, support, and resettlement for the case of reclaiming residential land of households and individuals in areas threatened by environmental pollution that endangers human life; residential land at risk of landslides, subsidence, or other natural disasters threatening human life as stipulated in Clause 3 of Article 87 of the Land Law shall be implemented according to Clause 1 of Article 79 of the Land Law, Article 6, and Article 22 of this Decree.

2. In the case where the residential land of households and individuals suffers from sudden landslides or subsidence affecting the entire plot area or part of it, leaving the remaining portion unusable, the households and individuals shall be allocated resettlement residential land according to the following provisions:

a) The area of resettlement residential land shall be determined by the People's Committee of the province based on specific conditions of the locality but shall not exceed the maximum allocation limit for residential land in the locality.

b) The payment of land use fees, exemptions, reductions in land use fees, and other benefits shall be carried out according to the regulations of the Decree on collecting land use fees.

3. The compensation and support funds for the area of land reclaimed for resettlement purposes shall be handled as follows:

a) The state budget shall pay in the case of reclaiming residential land caused by natural disasters.

b) Enterprises shall pay in the case of reclaiming residential land in areas threatened by environmental pollution that endangers human life caused by such enterprises; in the event that the enterprise has been dissolved or declared bankrupt, the compensation and support funds shall be paid by the state budget.

Article 17. Compensation and support when the State reclaims land to implement investment projects decided by the National Assembly on investment orientation and approved by the Prime Minister

The compensation and support when the State reclaims land to implement investment projects decided by the National Assembly on investment orientation and approved by the Prime Minister, which require relocation of entire communities, affecting the entire livelihood, economy, society, and cultural traditions of the community; projects reclaiming land involving multiple provinces and centrally governed cities shall be implemented as follows:

1. Ministries and sectors with investment projects shall take the lead and coordinate with the People's Committee of the province where the land is to be reclaimed to establish the main policy framework for compensation, support, and resettlement, to be submitted to the Prime Minister for consideration and decision, and must ensure funding for compensation, support, and resettlement according to regulations.

The framework policy on compensation, support, and relocation shall include the following main contents:

a) Area of each type of land expected to be acquired;

b) The number of land users in the area proposed for land reclamation;

c) Expected level of compensation and support for each type of land acquisition subject; expected land compensation price for each type of land and location;

d) Relocation plan (expected number of relocated households, location, and form of relocation);

đ) Expected total amount of compensation, support, and relocation and source of funds to implement;

e) The proposed time frame and plan for relocation and handover of the site.

2. The Ministry of Natural Resources and Environment shall take the lead and coordinate with relevant agencies and organizations to review the main policy framework for compensation, support, and resettlement before submitting it to the Prime Minister for decision.

3. Based on the main policy framework for compensation, support, and resettlement decided by the Prime Minister, ministries and sectors with investment projects shall organize the establishment, review, and approval of the compensation, support, and resettlement plans for the entire project.

The People's Committee of the province shall base on the compensation, support, and resettlement plans approved by ministries and sectors, organize the establishment, review, and approval of the compensation, support, and resettlement plans for the project implemented in the locality after obtaining written approval from ministries and sectors with investment projects; organize implementation and settlement of compensation, support, and resettlement costs with ministries and sectors with investment projects.

Article 18. Compensation for Relocation of Graves

For the relocation of graves not falling under the cases stipulated in Clause 1, Article 8 of this Decree, the person with graves to be relocated shall be allocated land and compensated for costs related to excavation, exhumation, relocation, construction, and other reasonable expenses directly related thereto. The People's Committee of the province shall specify the specific compensation amount in accordance with local customs and actual conditions.

Article 19. Support for Stabilizing Livelihood and Production when Land is Reclaimed by the State

The support for stabilizing livelihood and production when land is reclaimed by the State as prescribed in Point a, Clause 2, Article 83 of the Land Law shall be implemented according to the following provisions:

1. The subjects eligible for support to stabilize livelihood and production include the following cases:

a) Households and individuals who were granted agricultural land by the State upon implementation of Decree No. 64/CP dated September 27, 1993 of the Government on the Regulations on Granting Agricultural Land to Households and Individuals for Long-Term Stable Use for Agricultural Purposes; Decree No. 85/1999/NĐ-CP dated August 28, 1999 of the Government amending and supplementing certain articles of the Regulations on Granting Agricultural Land to Households and Individuals for Long-Term Stable Use for Agricultural Purposes and adding the granting of salt-making land to households and individuals for long-term stable use; granting forestry land upon implementation of Decree No. 02/CP dated January 15, 1994 of the Government on the Regulations on Granting Forestry Land to Organizations, Households, and Individuals for Long-Term Stable Use for Forestry Purposes; Decree No. 163/1999/NĐ-CP dated November 16, 1999 of the Government on Granting and Leasing Forestry Land to Organizations, Households, and Individuals for Long-Term Stable Use for Forestry Purposes; Decree No. 181/2004/NĐ-CP dated October 29, 2004 of the Government on Implementing the Land Law;

b) Agricultural population in households prescribed in Point a of this Clause but born after the date of granting agricultural land to such households;

c) Households and individuals belonging to the subject group eligible for the grant of agricultural land as prescribed in Point a of this Clause but have not yet been granted agricultural land and are currently using agricultural land received through transfer, inheritance, gift, or reclamation in accordance with the law, confirmed by the People's Committee of the commune where the reclaimed land is located as being directly engaged in agricultural production on that land;

d) Households and individuals currently using land received through lease contracts for agricultural, forestry, and aquaculture purposes (excluding special-use forests and protective forests) from state-owned farms and forest farms as prescribed in Point d of Clause 1 of this Article, who are employees, workers, or officials of state-owned farms and forest farms still working or retired, disabled, or unemployed and receiving benefits, and are directly engaged in agricultural and forestry production; households and individuals leasing land and directly engaged in agricultural production and having stable income from agricultural production on that land;

đ) Economic organizations, households, and individuals engaged in production and business, foreign-invested enterprises that cease production and business operations when the State reclaims land shall be supported to stabilize production.

2. Conditions for eligibility for support to stabilize livelihood and production shall be implemented according to the following provisions:

a) For households, individuals, and economic organizations, foreign-invested enterprises currently using land as prescribed in Clause 1 of this Article, which have been issued a Certificate of Land Use Right or meet the conditions for issuance of a Certificate of Land Use Right, Ownership of Housing and Other Assets Attached to Land as stipulated in Articles 100, 101, and 102 of the Land Law, except for the case prescribed in Point b of this Clause;

b) For households and individuals currently using land received through lease contracts for agricultural, forestry, and aquaculture purposes (excluding special-use forests and protective forests) from farms and forest farms as prescribed in Point d of Clause 1 of this Article, there must be a land lease contract.

3. The support for stabilizing livelihood for the subjects prescribed in Points a, b, c, and d of Clause 1 of this Article shall be implemented according to the following provisions:

a) If the area of agricultural land being reclaimed is between 30% and 70% of the area currently being used, support will be provided for a period of six months if relocation is not required, and twelve months if relocation is required; in cases where relocation is to areas with difficult socio-economic conditions or extremely difficult socio-economic conditions, the maximum support period is twenty-four months.

In cases where more than 70% of the area of agricultural land currently being used is reclaimed, support will be provided for a period of twelve months if relocation is not required, and twenty-four months if relocation is required; in cases where relocation is to areas with difficult socio-economic conditions or extremely difficult socio-economic conditions, the maximum support period is thirty-six months;

b) The area of land reclaimed as prescribed in Point a of this Clause shall be determined according to each decision on land reclamation by the competent People's Committee;

c) The level of support for each individual as prescribed in Points a and b of this Clause shall be calculated in money equivalent to thirty kilograms of rice per month at the average market price at the time of support in the locality.

4. The support for stabilizing production shall be implemented according to the following provisions:

a) Households and individuals who are compensated with agricultural land shall be supported to stabilize production, including: Support for crop seeds, livestock breeds for agricultural production, agricultural extension services, forestry extension services, plant protection services, veterinary services, cultivation techniques, animal husbandry techniques, and technical services for production and commercial service businesses;

b) For economic organizations, households, and individuals engaged in production and business, foreign-invested enterprises as prescribed in Point đ of Clause 1 of this Article, they shall be supported to stabilize production in cash, with the highest level of support being thirty percent of annual post-tax income based on the average income of the three consecutive years prior to the support.

Post-tax income is determined based on the audited financial report or approved by the tax authority; in cases where it has not been audited or approved by the tax authority, post-tax income is determined based on the post-tax income declared by the entity in the financial report submitted to the tax authority at the end of each year.

5. For households and individuals using land allocated for agricultural, forestry, or aquaculture purposes from state-owned farms and forests as specified in Point d Clause 1 Article of this Decree, they shall be supported with funds to stabilize their livelihoods and production.

6. Workers hired by economic organizations, households, individuals engaged in production and business, and foreign-invested enterprises as specified in Point đ Clause 1 Article of this Decree under labor contracts shall be entitled to support in the form of unemployment benefits according to the provisions of labor laws, but the duration of such benefits shall not exceed six months.

7. The People's Committee of the province shall decide the level of support, the duration of support, and the payment schedule for support funds in accordance with local conditions.

Article 20. Support for vocational training, job conversion, and job search for households and individuals directly engaged in agricultural production when the State reclaims agricultural land.

1. Households and individuals directly engaged in agricultural production as specified in Points a, b, c, and d Clause 1 Article 19 of this Decree (excluding households and individuals who are former employees of state-owned farms and forests receiving retirement or disability benefits) shall, when the State reclaims agricultural land and compensates them in cash, in addition to being compensated for the reclaimed agricultural land area, also receive support for vocational training, job conversion, and job search as follows:

a) Financial support not exceeding five times the price of the same type of agricultural land in the local land price list for the entire reclaimed agricultural land area; the supported area shall not exceed the local agricultural land allocation limit.

b) The specific level of support shall be determined by the People's Committee of the province based on local actual conditions.

2. The Ministry of Labor, Invalids, and Social Affairs shall take the lead and coordinate with relevant ministries and sectors to submit to the Prime Minister for decision-making on mechanisms and policies to address employment and vocational training for those whose agricultural land is reclaimed.

3. The People's Committee of the province shall base its decisions on the employment resolution mechanisms and policies decided by the Prime Minister, directing the establishment and implementation of plans for vocational training, job conversion, and job search for working-age individuals in the locality. These plans for vocational training, job conversion, and job search shall be established and approved simultaneously with compensation, support, and resettlement plans. During the process of establishing these plans, opinions of those whose land is being reclaimed must be solicited.

Article 21. Support for vocational training, job conversion, and job search for households and individuals when the State reclaims residential land combined with business and service activities requiring relocation.

1. Households and individuals, when the State reclaims residential land combined with business and service activities requiring relocation, shall be supported for vocational training, job conversion, and job search according to the provisions of Point b Clause 2 Article 83 of the Land Law.

2. The Ministry of Labor, Invalids, and Social Affairs shall take the lead and coordinate with relevant ministries and sectors to submit to the Prime Minister for decision-making on mechanisms and policies to address employment and vocational training for working-age members of households and individuals whose land is being reclaimed.

3. The People's Committee of the province shall determine specific levels of support based on the employment resolution policies decided by the Prime Minister and local actual conditions, suitable for different types of households and individuals whose land is being reclaimed.

Article 22. Support for resettlement in cases where residential land is recovered from households, individuals, and overseas Vietnamese residents who must relocate their place of residence. Male Support for resettlement in cases where the State recovers residential land from households, individuals, and overseas Vietnamese residents who must relocate their place of residence shall be implemented as follows:

In accordance with Point c Clause 2 Article 83 of the Land Law, support for resettlement shall be carried out as follows:

1. Households, individuals, and overseas Vietnamese residents receiving resettlement residential land and houses, where the compensation amount for land is less than the minimum resettlement allowance value prescribed in Article 27 of this Decree, shall be supported with the difference between the minimum resettlement allowance value and the compensation amount for land.

2. In cases where households, individuals, and overseas Vietnamese residents arrange their own place of residence, in addition to being compensated for land, they will also receive a resettlement allowance. The Provincial People's Committee shall determine the level of support based on the scale of the area of recovered residential land, the number of household members, and specific conditions at the local level.

Article 23. Support for those renting non-state-owned housing.

Households and individuals renting housing that is not state-owned when the State recovers land and they must relocate their place of residence shall be supported with relocation costs for assets according to regulations of the Provincial People's Committee.

Article 24. Support when recovering communal land of communes, wards, towns.

In cases where the recovered land belongs to the communal public land fund of communes, wards, or towns, support shall be provided; the highest level of support may equal the compensation amount; the specific level of support shall be 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; the support funds can only be used for investment in infrastructure construction and for communal purposes of the commune, ward, or town.

Article 25. Other support for land users when the State recovers land.

In addition to the support stipulated in Articles 19, 20, 21, 22, 23, and 24 of this Decree, based on the actual situation at the local level, the Chairman of the Provincial People's Committee shall decide on other support measures to ensure accommodation, stabilize living conditions, production, and fairness for those whose land is recovered; in cases where households and individuals directly engaged in agricultural production are not eligible for compensation under Article 75 of the Land Law when the State recovers agricultural land, the Provincial People's Committee shall consider providing appropriate support based on the actual situation of the locality; in special cases, it shall be reported to the Prime Minister for decision.

Article 26. On the establishment and implementation of resettlement projects.

The establishment and implementation of resettlement projects as prescribed in Article 85 of the Land Law shall be carried out as follows:

1. Resettlement projects shall be established and approved independently from the compensation, support, and resettlement plans but must ensure the availability of resettlement residential land and houses before the competent state authority decides to recover the land.

2. The establishment of resettlement projects and the selection of project investors shall comply with the laws on the development and management of resettlement housing and must meet the provisions of Clause 2 and Clause 3 Article 69 of the Land Law.

3. A resettlement area may be established for one or more projects; housing and residential land within the resettlement area shall be arranged in multiple levels and sizes suitable for different compensation amounts and the payment capacity of the resettled persons.

4. For concentrated resettlement area projects with phased construction according to component projects, the progress of land recovery and completion of housing or infrastructure construction in the resettlement area shall be carried out according to the schedule of each component project, but the infrastructure works of each component project within the resettlement area must ensure connectivity in accordance with the detailed planning already approved by the competent state authority.

5. Ensuring funding for the implementation of resettlement projects shall be carried out in accordance with Article 32 of this Decree.

Article 27. Minimum resettlement quota

1. The minimum resettlement quota prescribed in Clause 4, Article 86 of the Land Law shall be stipulated in the form of residential land, housing, or money to suit the choice of the person being resettled.

2. In cases where the minimum resettlement quota is stipulated in the form of residential land or housing, the area of resettlement residential land shall not be less than the minimum permissible plot size at the locality, and the area of resettlement housing shall not be less than the minimum apartment size as prescribed by laws on housing.

In cases where the minimum resettlement quota is stipulated in the form of housing, the area of resettlement housing shall not be less than the minimum apartment size as prescribed by laws on housing.

In cases where the minimum resettlement quota is calculated in the form of money, the amount of money for the minimum resettlement quota shall be equivalent to the value of a minimum resettlement quota in the form of residential land or housing at the resettlement location.

3. Based on the provisions of Clause 1 and Clause 2 of this Article and the specific circumstances of the locality, the People's Committee of the province shall stipulate the minimum resettlement quota in the form of residential land, housing, and money.

Article 28. Compensation, support, and resettlement plan when the State recovers land for implementation of projects not falling under Article 17 of this Decree

1. The compensation, support, and resettlement plan when the State recovers land for national defense, security purposes; economic and social development for national interests, public benefits but not falling under Article 17 of this Decree shall include the following main contents:

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

b) Area, type, location, origin of the recovered land; quantity, volume, current value of assets attached to the land that are damaged;

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

d) Amount of compensation and support;

đ) Costs for preparing and implementing compensation and clearance of land;

e) Resettlement arrangement;

g) Relocation of state works, organizational works, religious facilities, community works;

h) Relocation of graves.

2. The process of soliciting opinions on the compensation, support, and resettlement plan prescribed in Clause 1 of this Article shall be carried out according to the provisions of Clause 2, Article 69 of the Land Law and must be posted for public comment from the local residents for at least 20 days from the date of posting.

Article 29. Separation of compensation, support, and resettlement content into separate sub-projects and responsibility for organizing land recovery, compensation, support, and resettlement for investment projects under ministries and sectors

1. Based on the scale of land recovery for investment project implementation, the competent authority approving the investment project may decide to separate the compensation, support, and resettlement content into separate sub-projects and implement them independently.

2. The People's Committee of the province shall be responsible for directing the organization of land recovery, compensation, support, and resettlement for investment projects under which the State recovers land from ministries, agencies at ministerial level, government agencies, economic groups, corporations, and central-level public institutions.

3. Ministries and sectors with investment projects must cooperate with the People's Committee of the province and organizations performing the task of compensation and clearance of land during the implementation process; ensure funding for compensation, support, and resettlement as prescribed.

Article 30. Payment of Compensation, Support, and Resettlement

1. The deduction of the amount of unpaid financial obligations regarding land from the compensation amount stipulated in Clause 4, Article 93 of the Land Law shall be carried out according to the following provisions:

a) The amount of unpaid financial obligations regarding land includes land use fees and land rental fees payable to the State but not yet paid up to the time of land recovery.

b) The amount of unpaid financial obligations specified in Point a of this Clause shall be determined in accordance with the laws on collecting land use fees; collecting land rental fees, and water surface rental fees.

In cases where the amount of unpaid financial obligations at the time of the decision to recover land exceeds the compensation and support amount, the household or individual continues to be recorded as owing the difference; if the household or individual is resettled, after deducting the compensation and support amount from the amount for allocating residential land or purchasing housing in the resettlement area, if the remaining amount is less than the amount of unpaid financial obligations, the household or individual continues to be recorded as owing the difference.

c) The compensation amount to be deducted from the unpaid financial obligations includes the compensation amount for land and the compensation amount for investment costs in remaining land (if any). Deductions shall not be made from amounts compensated for relocation expenses, damage to property, cessation of production and business operations, and support amounts included in the unpaid financial obligations regarding land.

2. For cases of compensation through allocation of new land or residential land, housing in resettlement areas, if there is a difference in value, that difference shall be settled in cash according to the following provisions:

a) If the compensation amount for land is greater than the price of residential land, housing, or resettlement housing, the person being resettled shall receive the difference.

b) If the compensation amount for land is less than the price of residential land, housing, or resettlement housing, the person being resettled must pay the difference, except in cases provided for in Clause 1, Article 22 of this Decree.

3. In cases where the area of recovered land is in dispute over land use rights and has not been resolved, the compensation and support amount for the disputed area shall be transferred to the National Treasury and will be returned to the land user once the competent state authority resolves the dispute.

4. Advance funding for compensation, support, and resettlement shall be implemented according to the following provisions:

a) The Land Development Fund shall provide advance funding to the Organization responsible for compensation and clearance to create clean land for allocation and leasing in accordance with the Model Regulation on the Management and Use of the Land Development Fund.

b) A person to whom the State allocates land with land use fees or leases land in accordance with the laws on land, if they voluntarily advance the compensation, support, and resettlement funds according to the plan approved by the competent state authority, shall have the State budget repay them by deducting from the land use fees or land rental fees payable. The amount deductible shall not exceed the land use fees or land rental fees payable; any remaining amount (if any) shall be counted towards the project's capital investment.

In cases where a person to whom the State allocates land without land use fees, or allocates land with land use fees or leases land in accordance with the laws on land, who is exempted from land use fees or land rental fees, if they voluntarily advance the compensation, support, and resettlement funds according to the plan approved by the competent state authority, the compensation, support, and resettlement funds shall be counted towards the project's capital investment.

Article 31. Costs for organizing compensation, support, and resettlement

1. The organization assigned to carry out compensation and land clearance shall be responsible for preparing the budget for costs to organize the implementation of compensation, support, and resettlement for each project according to the following provisions:

a) For expenses that have established norms, standards, and unit prices set by competent state agencies, they shall be implemented according to current regulations;

b) For expenses without established norms, standards, and unit prices, the budget shall be prepared based on actual conditions to suit the characteristics of each project and local realities;

c) Expenses for printing materials, office supplies, fuel, logistics services, and other expenses for administrative operations shall be calculated based on the actual needs of each project.

2. The funds ensuring the organization of compensation and land clearance shall not exceed 2% of the total compensation and support funds of the project. For projects carried out in areas with difficult socio-economic conditions or extremely difficult conditions, infrastructure construction projects along routes, or cases requiring compulsory inventory taking, the organization assigned to implement compensation, support, and resettlement may prepare the budget for organizing compensation, support, and resettlement based on the actual workload, without being limited to the 2% extraction rate.

The authority approving the compensation, support, and resettlement plan shall decide on the funds for organizing the implementation of compensation, support, and resettlement for each project in accordance with the law.

3. In cases where compulsory land recovery is required, the organization assigned to carry out compensation and land clearance shall prepare the budget for organizing compulsory recovery and submit it for approval by the competent state agency when deciding the compensation, support, and resettlement plan. The allocation of funds for organizing compulsory land recovery shall be as follows:

a) For cases where land is transferred without payment of land use fees, or land is transferred or leased but exempted from land use fees or lease fees, this amount of funds shall be allocated and recorded in the project's investment capital;

b) For cases where the State recovers land to create clean land for transfer or lease through public auction, this amount of funds shall be drawn from the Land Development Fund;

c) For cases where the investor voluntarily advances funds for compensation, support, and resettlement (including the cost of compulsory land recovery), this amount of funds shall be deducted from the land use fees or lease fees payable.

4. The Ministry of Finance shall provide guidance on preparing budgets, using, and settling accounts for costs to organize the implementation of compensation, support, and resettlement.

Article 32. Funds for Implementing Compensation, Support, and Resettlement

1. The funds for compensation, support, and resettlement include: compensation, support, and resettlement payments for land recovered for project implementation, costs to ensure the organization of compensation, support, and resettlement, and other related expenses.

Determination of compensation, support, and resettlement payments must follow the approved compensation, support, and resettlement plan by the competent authority.

2. Compensation, support, and resettlement expenses when the State expropriates land to implement projects are defined as follows:

a) Expenses for compensation, support, and resettlement are included in the project implementation budget;

b) Ministries and sectors shall ensure funds for compensation, support, and resettlement for projects under their investment decision-making authority of the National Assembly; approved or decided upon by the Prime Minister but implemented by ministries or sectors; and projects where ministries or sectors are the main investors;

c) Provincial People's Committees shall be responsible for ensuring funds for compensation, support, and resettlement for projects under the decision-making authority of the Provincial People's Councils;

d) In cases where the investor voluntarily advances funds for compensation, support, and resettlement, they shall be responsible for ensuring funds for implementing projects not covered by Points b and c of this Clause.

Chapter III

IMPLEMENTATION

Article 33. Responsibility for organizing compensation, support, and resettlement by central agencies and provincial People's Committees

1. Ministries, ministerial-level agencies, government-affiliated agencies, economic groups, state-owned enterprises under the central management that have investment projects requiring land acquisition shall be responsible for directing and organizing inspections and audits of the implementation of compensation, support, and resettlement; coordinating with provincial People's Committees and organizations tasked with compensation and land clearance during the implementation process; ensuring funding for compensation, support, and resettlement in accordance with this Decree.

2. Provincial People's Committees shall be responsible for directing the organization of land acquisition, compensation, support, and resettlement in accordance with this Decree. By December 1st each year, they must report to the Ministry of Natural Resources and Environment on the situation and results of land acquisition, compensation, support, and resettlement in their locality.

3. The Ministry of Natural Resources and Environment shall be responsible for directing, organizing, guiding, inspecting, and auditing the implementation of compensation, support, and resettlement in accordance with this Decree, and resolving any arising issues at the request of provincial People's Committees.

Article 34. Handling Certain Issues Arising from the Issuance of the Decree

1. For land projects subject to national land acquisition where investors were permitted by provincial People's Committees to take over land within the project area before July 1, 2014, the amount paid by the investor for taking over the land use rights shall be deducted from the land use fee and land lease fee according to the law prior to July 1, 2014.

2. For land projects before July 1, 2014, which are subject to national land acquisition due to improper land use, ineffective land use; failure to continuously use the land for twelve consecutive months or exceeding the development schedule by more than twenty-four months compared to the schedule set out in the investment project and approved by the competent authority issuing the land acquisition decision, the handling of land use fees, land lease fees, and assets invested on the land shall be carried out according to the land law prior to July 1, 2014; if there is no land acquisition decision, it shall be handled according to Point i Clause 1 Article 64 of the Land Law.

3. In cases where there is a land acquisition decision and a compensation, support, and resettlement plan has been approved in accordance with the land law prior to July 1, 2014, the approved plan shall continue to be implemented.

4. In cases where there is a land acquisition decision but no compensation, support, and resettlement plan has been approved prior to July 1, 2014, the following provisions shall apply:

a) For projects subject to land acquisition as stipulated in Articles 61 and 62 of the Land Law, where the investor meets the conditions specified in Clause 3 Article 58 of the Land Law, the provincial People's Committee shall allow the continuation of establishing, reviewing, and approving the compensation, support, and resettlement plan in accordance with the Land Law of 2013;

b) For projects not meeting the conditions specified in Point a of this Clause, the competent authority shall issue a decision to revoke the land acquisition decision and instruct related organizations and individuals to stop implementing the project;

c) For projects where the competent state agency has allowed land acquisition according to the schedule, the State shall continue to acquire the remaining land area and establish, review, and approve the compensation, support, and resettlement plan in accordance with the Land Law of 2013.

5. For land used before July 1, 2014, where the origin is based on the State granting tax-exempt land use rights for the entire lease period, the person whose land is being acquired shall not be compensated for the land but shall be compensated for the remaining investment costs in the land according to Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and resettlement when the State acquires land.

Article 35. Effective Date

1. This Decree takes effect from July 1, 2014.

2. This Decree replaces Decree No. 197/2004/NĐ-CP dated December 3, 2004 of the Government on compensation, support, and resettlement when the State acquires land.

Article 36. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of all levels of People's Committees, and related organizations and individuals are responsible for implementing this Decree./.