Decision No. 592/1999/QD-BGTVT On the issuance of technical regulations and procedures for land clearance to serve construction projects of transportation works

Pursuant to …;

Regarding the issuance of technical regulations and procedures for land clearance to serve construction projects of transportation works

 for construction projects of transportation works

________________________

 

THE MINISTER OF TRANSPORTATION

 On the basis of Decree No. 22/CP dated March 22, 1994 of the Government on tasks, powers, and responsibilities for state management over organizational structure of the Ministry of Transport;

On the basis of Decree No. 22/1998/ND-CP dated April 24, 1998 of the Government on compensation for losses when the State requisitions land for national defense, security, national interests, and public interest;

 Considering the special nature of construction projects of transportation works that span multiple localities and last for many years;

Considering the proposal of the Director of the Department of Technical Inspection and Quality Control of Road Transport;

DECISION:

Article 1: Issued along with this decision are technical regulations and procedures for land clearance to serve construction projects of transportation works to serve as a basis for formulating specific land clearance plans and programs for each project; The regulations on procedures and requirements at various stages and steps serve as fundamental bases for investors and organizations responsible for compensation and land clearance at all levels to implement.

Article 2: This Decision takes effect ten days from the date of signing. For ongoing projects:

Ongoing projects that have begun compensation payments will continue to be implemented according to the approved plan, program, and policy (RAP) by the Ministry of Transport. Specifically, regarding the inventory work within the 20-meter protection zone of roads mentioned in Section 3 of the above regulation, the Project Management Boards shall report to the Ministry for specific decisions.

New projects that have been approved by the Ministry of Transport for plans, programs, and policies shall have their Project Management Boards prepare and submit for approval any necessary amendments to align with these new regulations.

Article 3: Minister: Director of Technical Inspection and Quality Control of Road Transport, Director of National Highway Corporation, Director of Railway Corporation, Director of Harbor Corporation, Heads of relevant Departments, General Directors of Vietnam Railway Corporation, General Directors and Directors of Construction Project Management Boards, and Heads of related agencies shall implement this Decision accordingly./.

REGULATIONS

On technical regulations and procedures for land clearance to serve construction projects of transportation works

_______________________

(Issued together with Decision No. 592/1999/QD-BGTVT dated March 11, 1999)

Technical regulations and procedures for land clearance (LC) to serve construction projects of transportation works apply to highways, works on highways, bridges on railways, and seaports. Regulations for provincial roads and below shall be directed by the National Highway Corporation after obtaining approval from the People's Committees of provinces and cities.

1/ Land Clearance Plan:

Immediately after the project is approved, the investor must develop a land clearance plan and program (LCPP). The LCPP must be submitted for comments to:

People's Committees of provinces and cities related to the project.

The Ministry of Finance for ODA projects involving large-scale and complex LC works spanning multiple provinces or cities, major bridges and ports through densely populated areas, or bridges connecting two provinces or cities.

After the LCPP is approved, the investor must promptly transfer and implement it in the relevant localities.

Simultaneously with preparing the LCPP, the investor must complete necessary procedures with the Ministry and related provinces and cities concerning:

The Ministry's policy announcement to localities and implementation of the LC program (whether to proceed with LC before or after design approval; request establishment of compensation boards or LC committees; estimated time frame; permission to set boundary stakes and conduct inventory prior to formal land requisition approval, etc.).

Engage with People's Committees of provinces and cities to establish LC organizations locally and establish working mechanisms with local authorities.

Conduct site inspections to identify sections favorable for both technical feasibility and small-scale compensation to proactively initiate work.

2/ Setting Boundary Stakes for LC: Boundary stakes marking the area to be cleared for construction are called LC boundary stakes. These stakes are set from the base of the embankment, top of the cut, or outer edge of other structures, according to design specifications, extending outward as follows:

2.1/ Works passing through densely populated areas (where households are arranged in rows but not classified as towns or districts): At least 1.5 meters.

a/ 1.5 meters to 3 meters for roads.

b/ 3.0 meters to 7.0 meters for bridges (depending on the difficulty level of each specific project).

There should be no obstacles in waterways, thus no specific provisions are made here.

2.2/ Works passing through agricultural, forestry, or idle lands:

a/ 3.0 meters for roads.

b/ 7.0 meters for bridges.

2.3/ Works passing through urban areas with approved planning: The width of the sidewalk required, approved by the Ministry of Transport, will be smaller than or equal to the planning width (if the locality requires clearance up to the planning width, additional LC costs outside the project scope will be handled by the locality).

2.4/ Works passing through urban areas without approved planning: Up to 3.5 meters to 5.0 meters.

Note: For bridges, the boundary stake setting range specified above (2.1.b and 2.2.b) applies from the back of the abutment (adjacent to the span) on each side as follows: - 50 meters for bridges longer than or equal to 100 meters

20 meters for bridges shorter than 100 meters.

(For works passing through urban areas or densely populated areas where LC is difficult, the length beyond the abutment will be considered specifically).

3/ Setting Boundary Stakes for Roadside and Managing the Road Protection Zone (RPZ):

Survey pegs planted to determine the protective corridor for new design projects shall be called boundary pegs of the right-of-way. When planting boundary pegs for land acquisition to construct projects, simultaneously plant boundary pegs for the protective corridor (according to current Decree 203, it is 20 meters from the base of the embankment or outer edge of the project on each side). From the date of planting the right-of-way boundary pegs, local authorities shall notify residents that they may not build new structures, expand existing ones, or increase the height of buildings within the determined protective corridor; households violating this rule from this point onward when implementing road construction or building new transportation facilities will not be compensated for any expansions, encroachments, or height increases. All architectural structures and underground facilities constructed within the 20-meter corridor from the date of planting the boundary pegs must obtain permission from the Ministry of Transport; local authorities shall not issue construction permits within this corridor. Households and units with houses and facilities within the road protection zone must develop plans to relocate outside this corridor. The Land Acquisition Committee, while conducting land acquisition, must also conduct an inventory of the current status of houses and facilities within the 20-meter protective corridor.

Inventory documents include:

An inventory record (with a separate template guide) of the current status of houses and architectural structures + photographs and video recordings for houses;

A straightened map at a scale of 1/1000 registering positions + inventory of the current scale and size, photographs and video recordings for public works.

The project records funds to implement registration and inventory work. These documents are stored as legal grounds when implementing demolition and new construction at later stages. The documents are confirmed by households and agencies with houses and facilities, by the Project Investor, Councils or Land Acquisition Committees at various levels, and local authorities, and are handed over to management and exploitation agencies and local governments, provincial, city, district, and commune People's Committees, and the Vietnam Highway Administration for safekeeping (including boundary pegs of the right-of-way corridor and land acquisition boundary pegs).

Setting up land acquisition boundary pegs and right-of-way boundary pegs for the road protection corridor is organized and implemented by the Project Investor.

4. Consideration of compensation for land and property within the 20-meter road protection corridor (RPZ) issued under Decree 203/HĐBT when compared with Articles 6 and 7 of Decree 22/CP is as follows:

4.1. Some guiding principles:

In addition to the principles stated in Decree 22/CP, here we clarify the compensation and support for land within the road protection corridor according to Decree 203/HĐBT dated December 21, 1982, based on the guidelines of the Government's Decrees, Resolutions of the Prime Minister, and Circulars of the Ministry of Transport as follows:

A. Article 7 of Decree 203/HĐBT stipulates that the protective corridor for highway infrastructure systems is 20 meters, measured from the base of the embankment, the top of the cut slope, or the outer edge of the structure.

B. Article 8 of Decree 203/HĐBT states: Within the road protection corridor (RPZ), construction of houses, stalls, warehouses, or other structures (temporary or permanent) is strictly prohibited. Houses, structures, warehouses, etc., existing before the issuance of this regulation, if found not to affect the stability and safety of roads and traffic, may temporarily remain but cannot be expanded.

C. On January 3, 1990, the Chairman of the State Council issued Decision No. 06/CT regarding the implementation of Decree 203/HĐBT on the regulations for protecting national highways, specifying:

C.1. On national highways, especially National Highway 1, from the date of issuing the road protection regulations, all constructions such as power lines, postal roads, irrigation canals, government offices, production and business facilities, private residences, stalls, etc., built within the non-road area (including the road and RPZ) by municipal, district, or provincial authorities or self-built without permission are considered violations. Within six months from the date of this decision, violators must move these structures out of the road protection corridor (from the base of the embankment or the top of the cut slope on both sides by 20 meters). The state will waive penalties and not provide compensation. For sections of national highways coinciding with urban roads that have been upgraded according to approved planning, the road protection corridor width is the sidewalk width.

C.2. Structures existing within the non-road area before the issuance of Decree 203/HĐBT that have not yet been moved, after verification by local authorities at the commune, district, or provincial level, the state will compensate according to current regulations on a case-by-case basis. If the structure is within the road protection corridor and does not significantly impact road protection, relocation would cause significant waste, the Ministry of Transport may allow temporary retention with a commitment to comply with the road protection regulations and relocate immediately upon road expansion.

D. On June 16, 1990, the Ministry of Transport and the Department issued Circular No. 704/GTTB guiding the implementation of Decision No. 06/CT of the Chairman of the State Council, defining the first phase clearance range for the road protection corridor under Decree 203/HĐBT for national highways as:

7 meters for Class III roads

5 meters for Class I, II, and IV roads

Measured from the base of the embankment or the top of the cut slope outward on each side.

E. Article 7 of Decree 22/1998/NĐ-CP (hereinafter referred to as Decree 22/CP) dated April 24, 1998 stipulates that persons whose land is reclaimed due to violation of approved planning or road protection corridors, or illegal encroachment, will not be compensated for land damage when the state reclaims the land.

Combining clauses A-E, considering the practical situation due to historical land management issues, the slow and uneven implementation of Decree 203/HĐBT by local authorities and the public, when reclaiming land for transportation construction within the corridor:

The 20-meter road protection corridor, hereinafter referred to as A.

The first phase clearance corridor within the road protection corridor is 7 meters or 5 meters, hereinafter referred to as A1.

The second phase clearance corridor within the road protection corridor is referred to as A2:

A2 = A - A1 = 20 - (7 or 5 meters) = (13 or 15 meters).

4.2. Compensation handling is as follows:

a. For agricultural land: Compensate normally according to the provisions of Article 6 of Decree 22/CP.

b. For residential land:

b.1/ Land for residential purposes within the scope of A (20m) that existed before December 21, 1982, confirmed by the local authority at that time and permitted not to be cleared by the Ministry of Transport or its authorized body shall be compensated according to legal land. Assets on the land at that time shall be compensated according to Decree No. 22/ND-CP.

b.2/ Land for residential purposes granted and permitted to construct by local authorities from commune level upwards during the period from December 21, 1982 to January 8, 1988 (the date of issuance of the Land Law) within the scope of A (20m), and permitted not to be cleared by the Ministry of Transport or its authorized body, shall be considered for compensation as agricultural land plus the excess value or at a reasonable ratio determined by the locality. Assets shall be compensated at 100% of their loss value.

b.3/ Land for residential purposes granted by local authorities from commune level upwards during the period from January 8, 1988 to June 16, 1990 (the date of issuance of Circular 704/GTĐB by the Ministry of Transport) and permitted not to be cleared by the Ministry of Transport or its authorized body within the scope of A2 shall be considered for compensation and support at a lower level than case (b.2).

b.4/ Similarly to (b.3), but within the scope of A1, only asset assistance will be considered.

b.5/ Any land allocation or encroachment within the entire scope of A (20m) from October 15, 1993 onwards are illegal and will not be compensated.

b.6/ In special cases where households are relocated (legally or illegally) if the locality clearly determines that there is no other place to reside, they may be considered for support through resettlement land allocation.

c/ As stated in item 1, when implementing the road project, boundary markers for land acquisition and clearance will be set up as follows:

The scope of permanent construction works is called B1 (m)

The clearance range from the edge of B1 towards both sides is called B2 (m) - the value of B2 is defined as per item 2:

B = B1 + 2B2

c.1/ Land reclaimed within the scope of B1 will be permanently compensated according to its legality as described above in items (3.2.a, b).

c.2/ Land reclaimed within the scope of B2:

c.2.1/ If it is agricultural or idle land: Only temporary clearance during the construction period, after completion, it will be returned for short-term agricultural or forestry planting purposes, and only the loss value of crops will be compensated.

c.2.2/ If it is residential land: Permanent clearance of houses and structures on the land, strictly prohibiting any reconstruction on this strip. Full compensation of 100% of the land value will be provided for legal cases where there are houses on the land, while for residential land without houses, only the difference between residential and agricultural land values will be compensated.

5/ Compensation method for residential land:

To reduce budget spending, the compensation method for residential land is proposed to be implemented by localities as follows:

a. For urban land:

a.1. Households affected still have land left behind with an area of ≥ 40 m2, which is considered sufficient for residence and will not be reclaimed, and compensation will be provided for the remaining land. If the land being cleared in front has an area of ≥ 40 m2, it will be compensated by exchanging land in resettlement areas, if less than 40 m2, it will be compensated in cash.

a.2. Households affected still have land left behind with an area of < 40 m2, if it conforms to the local planning and the household wishes to stay, it will be allowed to remain without reclaiming and compensating, otherwise, it will be compensated together with the land being cleared in front.

If staying, the land being cleared in front will be compensated according to (a.1).

If moving, compensation will be provided as follows:

If the total area to be compensated is < 40 m2, it can be compensated in cash or moved to a concentrated resettlement area based on the minimum area specified by the locality, with adjustments for differences, or in accordance with the conditions of the funding partner (ODA funds).

If the total area to be compensated is ≥ 40 m2, the main compensation will be relocation to a concentrated resettlement area. If the concentrated resettlement area cannot provide enough land area, the remaining part will be compensated in cash.

b. For rural residential land:

Apply similarly to urban residential land but with a limit of 100 m2 (replace the 40 m2 indicators with 100 m2 in the formulas above).

c. Land unit price:

Determined by the Provincial People's Committee, the coefficient K applied to the land price must be agreed upon by the Ministry of Finance to address the price discrepancies between nearby locations, the same project, and the same type of land. The unit price of land in resettlement areas is determined by the Provincial People's Committee but must necessarily involve the opinion of the Project Investor to ensure合理性合法性，请翻译这段话：“Do UBND tỉnh, thành phố quyết định, hệ số K áp dụng cho giá đất phải được sự thoả thuận của Bộ Tài chính nhằm khắc phục sự chênh lệch khác biệt giá giữa các địa phương gần kề nhau, cùng một dự án, cùng một loại đất. Đơn giá đất tại các khu TĐC do UBND tỉnh, thành phố quyết định nhưng nhất thiết phải có sự tham gia ý kiến của Chủ đầu tư để xác định tính hợp lý, phù hợp với chi phí đầu tư xây dựng và khắc phục hiện tượng giảm quá thấp giá đất ở các khu TĐC so với thực tiễn。”

6/ Support policies:

In addition to the support policies stipulated in Decree No. 22/CP, the following are added:

Social supports and solutions for additional households arising due to the specific characteristics of the locality proposed by the province or city must be agreed upon by the Ministry of Finance and the Ministry of Transport, and must be consistent with the terms agreed upon in the agreement for ODA projects.

7/ Organization to implement compensation for land clearance and relocation:

7.1/ Each province or city shall establish a Compensation Committee for Land Clearance and Relocation or a Land Clearance and Relocation Board, chaired by a Deputy Chairman of the People's Committee of the province or city, supplemented by a Vice-Chairman in charge of the Department of Transport, to direct the land clearance and relocation work and review the land clearance and relocation plans.

7.2/ Each district, county, town, ward, and commune shall have a Land Clearance and Relocation Board at each level, headed by the Chairman or Deputy Chairman. The People's Committee of the province or city shall coordinate with the Project Investor and issue a decision delegating the authority to sign contracts for implementing land clearance and relocation work to the entity with legal capacity.

7.3/ Prior to conducting the inventory for land clearance and relocation:

The Project Investor and the Land Clearance and Relocation Board shall publicly announce on local mass media about the policy of constructing the project, publish the plan map of the area to be cleared for public knowledge, and continuously publicize for at least seven days.

The Project Investor shall proceed with marking the center points of the construction works, the boundaries of land clearance and relocation, and road boundaries, and hand over stakes to the local Land Clearance and Relocation Board to manage. If there are adjustments to the construction works during implementation that change the initial stake positions, such changes must be notified and explained to the local authorities and residents.

The procedures for establishing and approving compensation plans are as follows:

8.1/ Compensation for land, houses, structures, crops, trees, graves... shall follow the following procedures:

a/ The People's Committee of the province or city shall approve based on the proposal of the local Land Clearance and Relocation Board and the review of the Provincial or Municipal Land Clearance and Relocation Committee.

b/ After completing step (a) with a decision, the Project Investor shall collect, review, and submit to the agency authorized by the Ministry of Transport for approval.

c/ - The time limit for the Land Acquisition and Relocation Council's review: Maximum 12 days from the date of receiving the compensation plan submitted by local Land Acquisition and Relocation Boards.

Within a maximum of 7 days after the Provincial People's Committee's decision, the Project Investor must submit a report to the Ministry for approval.

Within a maximum of 4 days from receiving the Project Investor's application file, the authorized agency of the Ministry must issue a Decision on approval.

Within the above period, if there are unresolved issues, the relevant levels must provide comments.

8.2/ For compensation and relocation of technical infrastructure works (referred to as public works - PW) such as electricity, water, telecommunications, irrigation, underground works, office premises, defense works, etc...

a/ Design plans and compensation estimates for relocation: To be carried out by consulting units with legal capacity established by the Project Investor or persons authorized by the Project Investor (local Land Acquisition and Relocation Boards). The consulting unit is selected by the Land Acquisition and Relocation Board with the approval of the Project Investor, and large-scale projects must have opinions from the Department of Investment and Construction Management. The design must be reviewed by competent authorities.

b/ Approval of design plans and estimates:

After completing step (a), based on the application files submitted by local Land Acquisition and Relocation Boards, the Project Investor shall collect, review, check, and submit to the Ministry (authorized level of the Ministry) for examination and issuance of a Decision approving the design and estimate.

c/ Principles for compensation and relocation of PWs: Only new relocated works will replace the dismantled or relocated works at the current technical scale (with consideration of recovering the old value). If the owner of the work combines the request for upgrading, the difference in value due to the need for improvement will be invested by the owner of the work, addressing the situation where units with works needing relocation build relocation plans larger than the actual scale.

d/ Regulations on deadlines for each step:

d.1/ Review of design (step a) maximum 15 days.

d.2/ After submitting the design application file, within a maximum of 10 days, the local Land Acquisition and Relocation Board must have the application file ready for submission to the Project Investor.

d.3/ The Project Investor, within a maximum of 7 days after receiving the application file from the local Land Acquisition and Relocation Board, must submit to the Ministry of Transport for approval.

d.4/ The authorized agency for examination by the Ministry, within a maximum of 7 days after receiving the Project Investor's application file, must issue a Decision on approval. Within this period, if there are unresolved issues regarding the application file, the agencies and units must provide written responses.

d.5/ After issuing the approval Decision, the unit with the work must immediately commence relocation within 30 days from the clearance site (for special works with complexity, the relocation time is agreed upon with the Project Owner and the local Land Acquisition and Relocation Board). Exceeding this deadline, the Project Investor must report to the Ministry for permission. If relocation is delayed, the unit with the work must compensate for the costs incurred due to delays in the project schedule, which will be deducted from the relocation budget.

8.3/ Guidelines for determining standards, scales, classification, and procedures for constructing resettlement areas serving land acquisition and relocation work.

a/ Definitions:

Resettlement (RS) is a measure aimed at stabilizing and restoring the livelihood of households affected by the project when their original settlement land is fully reclaimed or partially reclaimed but remaining land is insufficient for them to stay in the original location, requiring relocation to a new place under centralized, decentralized, or voluntary relocation forms. Households relocating to RS areas include:

Households affected by the project occupying land for construction of transportation works.

Households affected by the project occupying land for construction of RS area components, or affected by the relocation of technical infrastructure works for land acquisition and construction of transportation works.

b/ Principles - Establishing centralized RS areas:

b.1/ To correspond with investment in infrastructure (IF) for RS areas, the minimum number of households should be 10 or more.

In exceptional cases, the Project Investor must report to the Ministry for consideration and resolution.

b.2/ Conditions for establishing the basis for constructing centralized RS areas:

b.2.1/ There must be a summary table listing the total number of households willing to relocate to centralized RS areas, accompanied by a commitment agreement signed between household heads and local Land Acquisition and Relocation Boards. The summary table must clearly state the area allocated to each household in the RS area and the total area required for RS.

b.2.2/ A decision by the Provincial People's Committee on the policy for establishing RS areas for land acquisition purposes to serve the construction of transportation works, allowing the selection of suitable locations according to local planning.

b.2.3/ A preliminary sketch map of the RS area boundary at a scale of 1:1000 approved by the competent authority of the locality.

b.3/ Some principles:

b.3.1/ Households who have signed the inventory and committed to RS are bound to relocate to RS areas and cannot switch to other forms of compensation.

b.3.2/ Centralized RS areas, after construction and allocation of households, may encounter situations:

Insufficient area due to additional households registering after the initial inventory, in which case solutions such as establishing a new RS area or expanding the existing RS area if possible, or reallocating to another RS area within the same project will be considered based on specific circumstances.

In exceptional cases where, after all voluntary households have been accommodated, there is excess area greater than 20%, the Provincial People's Committee must propose a solution, and the Ministry of Transport will consider approval or specific handling.

c/ Forms and scales of RS areas:

c.1/ Centralized RS areas:

Scale of RS areas:

Small-scale RS area: from 10 to 30 households

Medium-scale RS area: from 31 to 60 households

Large-scale RS area: over 60 households

Total area of RS area (excluding access roads):

St = (Sl + Scc) x K.

Where:

St is the total area of the RS area (excluding embankment foot).

Sl is the total area of plots allocated to households as initially summarized.

Scc is the reserve area (10% of Sl) for construction of public welfare facilities approved by the project or additional plots.

K is the coefficient accounting for infrastructure construction areas for RS areas such as access roads, internal traffic, drainage, electricity, technical systems, green spaces. (Coefficient K = 1.3 for small-scale RS areas; 1.25 for medium-scale RS areas and 1.2 for large-scale RS areas).

Infrastructure of RS areas:

The infrastructure of resettlement areas includes: land filling, water supply and drainage, electricity supply, greenery, internal traffic roads, and access roads to the resettlement area, which are generally defined below. The design scale must be agreed upon in advance and approved by the authorized authority of the Ministry of Transport.

c.2/ Dispersed resettlement:

c.2.1/ Scale:

In special cases where the total number of households in a cluster is less than 10 households or more, but due to the particularities of the locality, it is impossible to organize them to live together in a concentrated resettlement area, a legitimate request for dispersed resettlement may be considered and approved by the locality, then the project will implement the dispersed resettlement plan.

c.2.2/ Area:

The area for each household entering the dispersed resettlement area is calculated at 1.3 times the standard plot area to provide road access and planting greenery in front. The standard plot area is determined by the provincial People's Committee.

The land leveling dossier (according to the specified area), the preliminary layout drawing, the volume and budget for land leveling (based on the provincial price list) are approved by the Ministry of Transport.

The investment cost for land leveling must be offset against the difference with the old place of residence.

To facilitate households organizing themselves in dispersed resettlement, in addition to compensation and subsidies according to regulations, each household receives VND 1.5 million to self-build access roads, electricity, and water supply.

d/ Procedures for preparing documents and constructing concentrated resettlement areas:

Step 1: Investigate and collect basic data on households entering the resettlement area:

This is a crucial step for implementing subsequent steps. This step should be carried out simultaneously after inventorying and measuring to accurately determine households requiring resettlement, avoiding unnecessary land leveling and wasting investment funds and land resources.

Step 2: Select the location of the resettlement area:

The selected location of the resettlement area must meet the requirements of convenience for daily life and travel for households, while being consistent with local planning and favorable for economic and technical construction conditions.

Introduce and seek opinions from households regarding the location of the resettlement land. If the majority of households agree with the location of the land for constructing the resettlement area, that location will be officially designed.

The Land Acquisition and Resettlement Board prepares a report, submits it to the Provincial People's Committee for approval of the location and requests land allocation for the construction of the resettlement area, and simultaneously selects consultants for surveying and designing the resettlement area.

Step 3: Design the resettlement area:

Based on the approved layout drawings of the resettlement area, and based on the scale and construction standards of the resettlement area, the Project Owner or their authorized representative in the locality selects and signs a contract for technical survey and design of the resettlement area.

Immediately after the layout design is approved, boundary stakes are set up in accordance with the land occupation range for establishing the resettlement area. This stake setting is carried out by the consulting firm in coordination with the local Land Acquisition and Resettlement Board.

Consultants proceed with the technical design of the resettlement area, and the Land Acquisition and Resettlement Board conducts land and property surveys affected by land occupation for resettlement, appraises compensation prices, and formulates plans for approval of compensation costs for households according to the project's policies.

Consultants and the Provincial Land Acquisition and Resettlement Board or their authorized representatives submit the technical design and construction budget documents for the resettlement area to the Project Owner for review and send them to the Ministry of Transport for approval. Construction of the resettlement area begins after approval in accordance with current investment management regulations.

Step 4: Construct the resettlement area: The construction of resettlement areas needs to be advanced, urgently carried out to quickly serve relocation and clearance work, allowing phased approval and gradual construction: land leveling, roads, water supply and drainage, electricity, and completion.

Step 5: Plotting:

Immediately after the technical design is approved, plotting proceeds. The process is as follows:

The Provincial Land Acquisition and Resettlement Board establishes a unified allocation regulation with the Project Owner and submits it to the competent authority of the locality for decision. Plotting principles are based on the extent of land reclaimed from each household, prioritizing those currently operating businesses at the old residence, families entitled to benefits (war veterans, martyrs), or those in extremely difficult economic circumstances, and prioritizing more favorable locations to stabilize living conditions. A lottery system can be used among households with similar criteria.

The Provincial Land Acquisition and Resettlement Board transfers the list along with the allocation diagram to the competent People's Committee for consideration and direction in handling land transfer procedures.

After the construction works of the resettlement area have been completed and accepted according to current state regulations, the Provincial Land Acquisition and Resettlement Board hands over the resettlement area to the local government for management in accordance with the regulations of the Provincial People's Committee.

Step 6: Construction and moving into the resettlement area: Complete the procedures for households entering the resettlement area to receive land use rights certificates within the resettlement area. The Provincial Land Acquisition and Resettlement Board needs to organize assistance for households in difficult circumstances to quickly complete house construction within the prescribed time limit. At the latest, four months after the transfer of land in the resettlement area, relocated households must hand over the occupied land for contractors to commence construction.

e/ Timeframes for each step:

e.1/ After receiving the consolidated inventory of the need to construct a resettlement area, the Provincial Land Acquisition and Resettlement Board or district, county, or unit assigned by the Provincial People's Committee must submit to the Provincial People's Committee for a decision on the policy and location of the resettlement area. This step should be completed within one month.

e.2/ Layout planning design to approval: 20 days.

e.3/ Design and budget for the resettlement area: 30 days.

e.4/ The Project Owner reviews and approves after receiving the local dossier: Maximum 7 days.

e.5/ The Ministry of Transport reviews and approves after receiving the Project Owner's dossier: Maximum 7 days.

e.6/ Construction: Completed within two months.

9/ Approving costs for land acquisition and resettlement implementation:

Costs for organizations and Land Acquisition and Resettlement Boards are approved by the Ministry of Transport or its authorized representative. Cost levels follow the guidelines of the Ministry of Finance.

a. If provinces or cities have issued decisions guiding cost levels for land acquisition and resettlement implementation, such provisions must be agreed upon by the Ministry of Finance. On this basis, the Ministry of Transport will issue a decision to approve once and allocate the entire project.

a. If the provinces or cities have issued decisions guiding the cost for implementing land clearance and relocation work, such provisions must be agreed upon by the Ministry of Finance. Based on this, the Ministry of Transport will issue a Decision to approve once and allocate the total amount for the entire project.

b. In trường hợp khác, các Ban GPMB lập dự toán chi tiêu thường xuyên theo kế hoạch GPMB của dự án, thông qua Chủ đầu tư trình Bộ Giao thông Vận tải phê duyệt. Trong cơ cấu dự toán phải đảm bảo thủ tục: Mức hưởng lương, phụ cấp của từng đối tượng thành viên làm GPMB theo danh sách quyết định thành lập các Hội đồng, các Ban GPMB do Sở Tài chính - Vật giá đề xuất, UBND tỉnh, thành phố quyết định chấp thuận.

10/ Thanh quyết toán vốn GPMB:

10.1/ Sau khi có phương án đền bù (hồ sơ kiểm kê về khối lượng), Ban GPMB phải niêm yết danh sách cho các hộ dân trong thời gian 7 ngày.

10.2/ Phương án đền bù hoàn chỉnh (kiểm kê, áp giá đền bù), Ban GPMB niêm yết danh sách cho các hộ dân biết trong thời gian 7 ngày. Nếu không có ý kiến vướng mắc nào khác, thủ tục trình duyệt, chấp thuận, chi trả kinh phí đền bù sẽ được thực hiện.

10.3/ Chi trả tiền đền bù, hỗ trợ đất và tài sản trên đất: Chủ đầu tư chuyển tiền về tài khoản của Ban GPMB địa phương, theo giá trị được phê duyệt và theo kế hoạch, đồng thời thường xuyên kiểm tra chi tiêu sau khi cấp phát. Ban GPMB địa phương chịu trách nhiệm thanh toán trả tiền trực tiếp cho đối tượng được nhận tiền đền bù, hỗ trợ, thực hiện những khoản chi được phê duyệt và quyết toán với Chủ đầu tư./