Decree No. 69/2009/ND-CP provides additional regulations on land planning, land prices, land recovery, compensation, support, and resettlement.

DECREE

Supplementary provisions on land planning, land prices, land recovery, compensation, support, and resettlement

 __________________________________________

THE GOVERNMENT

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

Based on the Land Law dated November 26, 2003;

CONSIDERING THE PROPOSAL OF THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides supplementary provisions on land planning and land use plans; land recovery, compensation, support, and resettlement when the State recovers land; land prices; land allocation, land leasing; issuance of Land Use Right Certificates, Ownership Certificates for houses, and other property attached to the land, and extension of land use rights.

Article 2. Applicability

1. Authorities responsible for state management of land and organizations, individuals related to land management.

2. Land users and organizations, individuals related to land use.

Chapter II

SPECIFIC PROVISIONS

Section 1

LAND USE PLANNING

Article 3. Contents of national land use planning

1. The contents of national land use planning include:

a) Determining the area of land for agricultural purposes, including the specific areas of paddy fields, protective forests, special-use forests, and natural conservation areas;

b) Determining the area of land for non-agricultural purposes, including the specific areas of defense land, security land, urban land, land for hazardous waste disposal and burial, industrial zones, infrastructure development with national importance, cultural and scenic sites;

c) Preparing the map of national land use planning;

d) Solutions for implementing the land use planning.

2. The Government shall submit to the National Assembly for decision on the targets of national land use planning.

Article 4. Contents of provincial land use planning

1. The contents of provincial land use planning include:

a) Determining specifically the area of each type of land within the province that has been allocated in the national land use planning;

b) Determining the area of each type of land to meet the needs of economic and social development of the province, including perennial crop land, production forest land, concentrated aquaculture land; land for construction of provincial agency headquarters and public works; provincial-level infrastructure development land; land for hazardous waste disposal and burial; mining activity land; religious and belief land; provincial-managed cemetery land; cultural and scenic site land, tourism zone land;

c) The area of land changing its purpose of use which requires permission from competent state agencies to meet the needs of the province;

d) Determining the area of unused land to be put into use;

đ) Preparing the map of provincial land use planning;

e) Solutions for implementing the land use planning.

2. The People's Committee of the province shall submit to the Government for review the targets of provincial land use planning.

Article 5. Contents of district land use planning

1. The contents of district land use planning include:

a) Determining specifically the area of each type of land within the district that has been allocated in the provincial land use planning;

b) Determining the area of each type of land to meet the needs of economic and social development of the district, including non-concentrated aquaculture land; salt-making land; rural residential land; district-level agency headquarters and public works land; land for hazardous waste disposal and burial; business production base land; ceramic building materials production land; district-level infrastructure development land; dedicated water body land; district-managed cemetery land;

c) The area of land changing its purpose of use which requires permission from competent state agencies to meet the needs of the district;

d) Determining the area of unused land to be put into use;

đ) Preparing the map of district land use planning;

e) Solutions for implementing the land use planning.

2. The People's Committee of the district shall submit to the People's Committee of the province for review the targets of district land use planning.

Article 6. Content of land use planning at commune level

1. The content of land use planning at the commune level includes:

a) Determining the area of each type of land within the commune's territory that has been allocated in the land use planning of the district level;

b) Determining the area of each type of land to meet the socio-economic development needs of the commune, including: paddy fields, annual crop fields, other agricultural lands; land for communal offices and public works; cemeteries managed by the commune; river and stream lands; land for communal infrastructure development and other non-agricultural lands;

c) The area of land changing its purpose of use which requires permission from competent state agencies to meet the commune's needs;

d) Preparing a map of land use planning at the commune level;

đ) Solutions for implementing land use planning.

2. The People's Committee of the commune submits to the People's Committee of the district for examination and approval the planning indicators of land use of the commune not located in urban development areas.

The People's Committee of the district submits to the People's Committee of the province for examination and approval the planning indicators of land use of the town, township, and commune located in urban development areas.

Article 7. Detailed Planning and Plan for Land Use in High-Tech Zones and Economic Zones

1. Detailed land use planning and detailed land use plans for high-tech zones and economic zones are reflected in the detailed construction planning of high-tech zones and economic zones.

2. The Ministry of Construction is responsible for coordinating with the Ministry of Natural Resources and Environment to guide the content of detailed construction planning of high-tech zones and economic zones as stipulated in Clause 1 of this Article.

Article 8. Organization of Land Use Planning and Plan

1. Organization of national-level land use planning and plan

a) The Ministry of Agriculture and Rural Development is responsible for proposing the demand for rice field land, special-use forest land, protective forest land, natural conservation area land, and allocating them to each province and city based on the sectoral planning;

b) The Ministry of Defense and the Ministry of Public Security are responsible for cooperating with the People's Committee of the province to determine the demand for land use for defense and security purposes in the province and city;

c) Other ministries and sectors are responsible for proposing the demand for land use for national importance projects and allocating them to each province based on their strategic and planning development;

d) The People's Committee of the province is responsible for cooperating with ministries and sectors to determine the demand for land use according to the fields of each ministry and sector in the locality;

đ) The Ministry of Natural Resources and Environment is responsible for establishing the national-level land use planning and plan based on balancing the demand for land use as specified in points a, b, c, and d of this clause and allocating them to each province.

2. The Ministry of Natural Resources and Environment guides the establishment of provincial, district, and commune-level land use planning and plan.

3. For localities without a People's Council organization, the People's Committee is responsible for establishing the land use planning and plan to submit to the competent state agency for examination and approval.

Article 9. Examination of Land Use Planning and Plan

1. The Ministry of Natural Resources and Environment organizes the establishment of national-level land use planning and plan to submit to the Government for submission to the National Assembly for decision on national-level land use planning indicators.

2. The Ministry of Natural Resources and Environment takes the lead in organizing the examination of land use planning and plan for defense and security purposes and provincial-level land use planning and plan.

3. The Department of Natural Resources and Environment takes the lead in organizing the examination of district-level land use planning and plan; town, township, and commune-level land use planning and plan in urban development areas.

4. The Office of Natural Resources and Environment takes the lead in organizing the examination of commune-level land use planning and plan not located in urban development areas.

5. The leading agency for examining land use planning and plan as stipulated in Clauses 1, 2, and 3 of this Article is responsible for organizing an examination council or soliciting opinions from organizations, experts, and scientists.

In case of necessity, the leading agency for examining land use planning and plan organizes inspections and surveys of the actual conditions of areas planned for changing the purpose of land use, especially the conversion of rice field land, protective forest land, and special-use forest land.

6. Content of land use planning examination

a) Legal and scientific basis for establishing land use planning;

b) Degree of compatibility of land use planning schemes with the national socio-economic development strategy, overall development strategy, defense, and security; sectoral and local development planning;

c) Economic, social, and environmental effectiveness;

d) Feasibility of the land use planning scheme;

7. Content of land use plan examination

a) Degree of compatibility of the land use plan with land use planning;

b) Degree of compatibility of the land use plan with the five-year and annual national socio-economic development plan;

c) Feasibility of the land use plan.

8. In special cases where it is necessary to convert rice field land, special-use forest land, and protective forest land to other uses, a report must be submitted to the Minister of Natural Resources and Environment for consideration and submitted to the Prime Minister for decision.

9. The budget for organizing the examination of land use planning and plan is determined as a separate item in the budget for establishing land use planning and plan.

Article 10. Implementation of land planning and land use plans

1. The People's Committee of the province shall direct and inspect the People's Committees of districts and communes to specifically determine the area and boundaries of paddy fields, special-use forests, protective forests on-site.

The Chairman of the People's Committee of the province shall be responsible before the Prime Minister for protecting paddy fields, special-use forests, and protective forests that have been identified in the land planning and land use plans.

2. The Ministry of Natural Resources and Environment shall be responsible before the Government for inspecting the implementation of national and provincial land planning and land use plan targets.

Section 2

LAND PRICES

Article 11. Re-evaluation of land prices in certain specific cases

1. When the State grants land with payment for land use rights without going through public auction of land use rights or bidding for projects using land, leasing land, approving compensation, support, and resettlement plans when the State recovers land, and in cases where state-owned enterprises choose the method of granting land during the process of equitization, if the land price set by the People's Committee of the province at the time of granting land, leasing land, deciding to recover land, or calculating the land price into the value of the equitized enterprise does not accurately reflect the actual market transfer price of land use rights under normal conditions, then the People's Committee of the province shall base the re-evaluation of the specific land price on the actual market transfer price of land use rights to ensure appropriateness.

2. The specific land price re-evaluated according to Clause 1 of this Article shall not be limited by the provisions of Clause 5 of Article 1 of Decree No. 123/2007/ND-CP dated July 27, 2007, of the Government amending and supplementing some articles of Decree No. 188/2004/ND-CP dated November 16, 2004, on methods for determining land prices and price ranges for various types of land (hereinafter referred to as Decree No. 123/2007/ND-CP).

Article 12. Annual rental rate for land

1. The annual rental rate for land is determined by the People's Committee of the province at a rate of 0.5% to 2% of the land price based on the purpose of the leased land.

2. For land in remote areas, mountainous regions, islands, and areas with difficult economic and social conditions, the People's Committee of the province may decide to set lower rental rates than those prescribed, but the lowest rental rate must be equal to 0.25% of the land price based on the purpose of the leased land as decided by the People's Committee of the province.

3. The rental rate for land in cases of public auction of land use rights or bidding for projects using leased land is the winning bid price.

Article 13. Land rent payment for cases where rent is paid in full for the entire lease period

In cases where the State leases land and the lessee pays the land rent in full for the entire lease period, the amount of rent payable in one lump sum to obtain the right to use the land shall be equivalent to the amount of land use fee payable in cases where the State grants land with payment for land use rights for the same purpose and duration of use.

Section 3

COMPENSATION, SUPPORT, AND RELOCATION

Article 14. Principles of Compensation and Support

1. If the State recovers land from users who meet the conditions stipulated in Clauses 1, 2, 3, 4, 5, 7, 9, 10, and 11 of Article 8 of Decree No. 197/2004/ND-CP dated December 3, 2004, of the Government on compensation, support, and resettlement when the State recovers land (hereinafter referred to as Decree No. 197/2004/ND-CP), and Articles 44, 45, and 46 of Decree No. 84/2007/ND-CP dated May 25, 2007, of the Government providing additional regulations on issuing certificates of land use rights, recovering land, exercising land use rights, procedures for compensation, support, and resettlement when the State recovers land, and resolving complaints about land (hereinafter referred to as Decree No. 84/2007/ND-CP), they shall be entitled to compensation; if they do not meet the conditions for compensation, the People's Committee of the province shall consider providing support.

2. If the State recovers land for a specific purpose, it shall be compensated by allocating new land for the same purpose; if there is no land available for compensation, it shall be compensated by the value of the land use rights calculated based on the land price at the time of the decision to recover the land; in cases where compensation is provided by allocating new land or resettlement land or resettlement housing, if there is a difference in value, the difference shall be settled in cash according to the following provisions:

a) If the compensation and support amount exceeds the land use fee for residential land or the purchase price of resettlement housing, the person being resettled shall receive the difference.

b) If the compensation and support amount is less than the land use fee for residential land or the purchase price of resettlement housing, the person being resettled shall pay the difference, except in the case stipulated in Clause 1 of Article 19 of this Decree.

3. If a land user is compensated by the State for land recovery and has not yet fulfilled their financial obligations regarding land to the State as required by law, the amount to be deducted from the compensation and support to repay the state budget shall be the amount of the financial obligation.

4. The State will regulate a portion of the benefits derived from land recovery and change of land use purpose to implement the support measures for persons whose land is recovered as stipulated in Article 17 of this Decree.

Article 15. Compensation, Support, and Resettlement Payments

1. Domestic organizations and individuals; overseas Vietnamese; foreign organizations and individuals granted land with payment for land use rights or land lease according to laws on land if they advance funds for compensation, support, resettlement payments, and costs for implementing compensation and clearance of land use rights according to approved plans shall be reimbursed by the state budget through deduction from the land use fee or land lease fee payable.

2. Domestic organizations and individuals; overseas Vietnamese; foreign organizations and individuals granted land without payment for land use rights, land with payment for land use rights, or land lease according to laws on land who are exempted from land use fees or land lease fees shall have their compensation, support, resettlement payments, and costs for implementing compensation and resettlement according to approved plans counted towards the project investment capital.

Article 16. Compensation for Agricultural Land

1. Households and individuals using agricultural land when the State expropriates shall be compensated with land for the same purpose; if there is no land available for compensation, they shall be compensated in cash based on the price of land for the same purpose.

2. Households and individuals whose agricultural land exceeds the quota when expropriated shall be compensated as follows:

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

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

3. In cases where the expropriated land is agricultural land belonging to the communal public land fund of communes, wards, or towns, no compensation for land shall be provided; those leasing communal public land of communes, wards, or towns shall be compensated for investment costs in remaining land.

4. Households and individuals currently using land allocated for agricultural, forestry, or aquaculture purposes (excluding special-use forests and protective forests) from state-owned farms and forest enterprises when the State expropriates shall be compensated for investment costs in remaining land.

5. Commonly used agricultural land of state-owned farms and forest enterprises when the State expropriates shall be compensated for investment costs in remaining land, if such costs are not sourced from the state budget.

Article 17. Support

The types of support when the State expropriates land include:

1. Relocation support and resettlement support for cases of expropriation of residential land;

2. Livelihood stabilization and production support, vocational training and job creation support for cases of expropriation of agricultural land;

3. Support for the expropriation of agricultural land within residential areas; garden and pond land not recognized as residential land;

4. Other support.

Article 18. Relocation Support

1. Households and individuals when the State expropriates land and must relocate their residence shall be supported with relocation expenses.

2. Organizations granted land, land lease, or legally using land when the State expropriates and must relocate their production and business facilities shall be supported with expenses for dismantling, relocation, and reinstallation.

3. Individuals whose residential land is expropriated and have no other place to live shall be temporarily accommodated in transitional housing or supported with rental housing expenses during the period awaiting new accommodation (relocated to resettlement area).

4. The People's Committee of the province shall specify the specific levels of support as stipulated in Clauses 1, 2, and 3 of this Article.

Article 19. Resettlement Support

1. Resettlement housing and land shall be implemented at multiple levels with different areas suitable to the level of compensation and the resettled person's payment capacity.

For households and individuals when the State requisitions residential land without any other place to live, they shall be allocated residential land or resettlement housing.

Households and individuals receiving resettlement land or housing whose compensation and support amount is less than the minimum resettlement allowance value shall be supported for the difference; if they do not accept land or housing in the resettlement area, they shall receive an equivalent amount of money for that difference.

2. Households and individuals directly engaged in agricultural production when the State requisitions agricultural land (including garden, pond, and agricultural land as stipulated in Clause 1 and Clause 2, Article 21 of this Decree) shall be supported for livelihood stabilization according to the following provisions:

a) When 30% to 70% of the currently used agricultural land is requisitioned, they shall be supported for livelihood stabilization for six months if there is no need to move residence, and twelve months if there is a need to move residence; in cases where they must move to areas with difficult economic and social conditions or extremely difficult economic and social conditions, the maximum support period is twenty-four months;

b) When more than 70% of the currently used agricultural land is requisitioned, they shall be supported for livelihood stabilization for twelve months if there is no need to move residence, and twenty-four months if there is a need to move residence; in cases where they must move to areas with difficult economic and social conditions or extremely difficult economic and social conditions, the maximum support period is thirty-six months;

c) The support level for each member as provided in points a and b of this clause shall be calculated in monetary terms equivalent to thirty kilograms of rice per month based on the average market price at the time of support in the locality.

2. When the State requisitions land from economic organizations, production and business households registered for business operations, causing them to cease production and business activities, they shall be supported up to thirty percent of their annual post-tax income, based on the average income of the three consecutive years prior to that confirmed by the tax authority.

3. Households and individuals using land assigned for agricultural, forestry, and aquaculture purposes (excluding special-use forests and protective forests) from state-owned farms and forest enterprises, who are officers, workers, or employees of state-owned farms and forest enterprises still working or retired, or those who have stopped working due to health reasons and are receiving benefits, and are directly engaged in agricultural and forestry production, or households and individuals receiving assignments and directly engaged in agricultural production with a main source of living from agricultural production, shall be supported in cash. The highest support level shall be equal to the compensation value of the actual reclaimed land area but shall not exceed the local limit for agricultural land allocation.

4. Households and individuals compensated with agricultural land shall be supported for production stabilization, including: provision of crop and livestock breeding seeds for agricultural production, agricultural extension services, forestry extension services, plant protection services, veterinary services, cultivation and animal husbandry techniques, and technical services for production and commercial trade business operations.

5. The provincial People's Committee shall decide on the support level, support period, and payment schedule for the support provisions of this Article in accordance with the actual situation in the locality.

3. Households and individuals currently using land that was allocated for agricultural, forestry, or aquaculture purposes (excluding special-use forests and protective forests) from state-owned farms and forest enterprises, when such land is reclaimed by the State and they are officers, workers, or employees of state-owned farms and forest enterprises who are still working, have retired, or have ceased work due to loss of labor capacity and are directly engaged in agricultural or forestry production; households and individuals who have been contracted to directly engage in agricultural production and whose main source of livelihood comes from agricultural production shall be supported with monetary compensation. The highest level of support shall equal the compensation value for the actual area of land reclaimed, but shall not exceed the local limit for agricultural land allocation.

4. Households and individuals compensated with agricultural land shall be provided with production stabilization support, including: provision of crop and livestock seeds for agricultural production, agricultural extension services, forestry extension services, plant protection services, veterinary services, cultivation and animal husbandry techniques, and technical services related to business operations and commercial services.

5. The People's Committee of the province shall decide on the level of support, duration of support, and periodic payment schedule for the support stipulated in this Article, in accordance with local conditions.

Article 21. Support for agricultural land within residential areas and garden, pond land not recognized as residential land

1. Households and individuals when their garden, pond land within the same plot with residential houses in residential areas but not recognized as residential land; garden, pond land within the same plot with standalone residential houses; garden, pond land within the same plot with residential houses along canals and roads shall, in addition to compensation at the price of agricultural land for perennial crops, also be supported with 30% to 70% of the price of residential land of that plot; the area supported shall not exceed five times the local residential land allocation limit.

2. Households and individuals when their agricultural land within the administrative boundaries of a ward, within residential areas in towns, rural residential areas; agricultural plots adjacent to the boundaries of a ward, residential area boundaries shall, in addition to compensation at the price of agricultural land, also be supported with 20% to 50% of the average price of residential land in the area where the land is being reclaimed according to the Local Land Price Table; the area supported shall not exceed five times the local residential land allocation limit.

3. The People's Committee of the province shall specify in detail the support ratio, the area of land to be supported, and the average price of residential land for calculation of support in accordance with the actual conditions of the locality.

Article 22. Support for occupational change and job creation

1. Households and individuals directly engaged in agricultural production when the State reclaims agricultural land not falling under the provisions of Article 21 of this Decree without land for compensation shall, in addition to monetary compensation as stipulated in Clause 1, Article 16 of this Decree, also be supported for occupational change and job creation in one of the following forms: money, residential land, housing, or non-agricultural production and business land as follows:

a) Monetary support from 1.5 to 5 times the price of agricultural land for the entire area of reclaimed agricultural land; the supported area shall not exceed the local agricultural land allocation limit.

b) One-time support in the form of a residential land plot, a condominium unit, or a non-agricultural production and business land plot. This form shall be applied in localities with sufficient residential land, housing funds, and where the supported person has a need for residential land, a condominium unit, or non-agricultural production and business land, and the value of support provided under point a of this clause is greater than or equal to the value of residential land, a condominium unit, or non-agricultural production and business land; the difference in value shall be supported in cash.

2. The People's Committee of the province shall decide specifically on the form and level of support stipulated in Clause 1 of this Article in accordance with the actual situation of the locality.

3. In cases where the supported person under Clause 1 of this Article requests vocational training or skill acquisition, they shall be admitted to vocational training institutions and exempted from tuition fees for one course for those within working age.

The funding for occupational change support for those changing occupations is included in the vocational training and occupational change plan and calculated within the total project investment budget or the approved compensation, support, and resettlement plan.

The People's Committee of the province shall direct the establishment and implementation of vocational training and job creation plans for those whose agricultural land is being reclaimed.

The vocational training and occupational change plan shall be established and approved simultaneously with the compensation, support, and resettlement plan. During the establishment of the vocational training and occupational change plan, opinions of those whose land is being reclaimed and who are subject to occupational change must be solicited.

4. 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 being reclaimed as stipulated in this Article.

Article 23. Other Support

1. In addition to the support provided for in Articles 18, 19, 20, 21, and 22 of this Decree, based on the actual situation at the locality, the Chairman of the People's Committee of the province shall decide on other support measures to ensure housing, stable living conditions, and production for persons whose land has been expropriated; in special cases, such decisions shall be submitted to the Prime Minister for approval.

2. Households and individuals directly engaged in agricultural production whose main source of livelihood comes from agricultural production when the State expropriates their agricultural land without meeting the conditions for compensation as stipulated in Article 8 of Government Decree No. 197/2004/NĐ-CP dated December 3, 2004 on compensation, support, and resettlement when the State expropriates land, and Articles 44, 45, and 46 of Government Decree No. 84/2007/NĐ-CP supplementing regulations on issuing Land Use Right Certificates, land recovery, exercising land use rights, procedures and formalities for compensation, support, and resettlement when the State expropriates land, and handling complaints about land, the People's Committee with appropriate authority shall consider providing support in accordance with the actual situation of the locality.

Article 24. Compensation for Houses and Construction Works on Land

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

2. For other houses and construction works not covered under the provisions of Clause 1 of this Article, compensation shall be provided as follows:

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

The current value of the damaged houses and works is determined by multiplying the remaining quality ratio of the houses and works by the value of newly constructed houses and works with equivalent technical standards issued by the relevant sectoral management ministry.

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

b) For other houses and construction works partially demolished where the remaining part cannot be used, full compensation shall be provided for the entire house or work; if the other houses and 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 costs for repairing and completing the remaining part according to equivalent technical standards before demolition.

3. For operational infrastructure works, compensation shall be provided at the value of newly constructed works with equivalent technical standards issued by the relevant sectoral management ministry; if the works are no longer in use, they shall not be compensated.

In cases where infrastructure works within a project must be relocated and have not yet been classified into technical standards or will be upgraded to higher technical standards, the provincial People's Committee shall coordinate with the competent investment decision-making agency or the project investor to determine the technical standards for compensation.

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

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

Article 25. Assignment of Compensation, Support, and Resettlement Tasks

1. Based on the actual situation in the locality, the People's Committee at the provincial level assigns the implementation of compensation, support, and resettlement to the Organization responsible for compensation, including:

a) The Compensation, Support, and Resettlement Council at the district level;

b) Land Development Organizations.

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

a) A representative from the Finance Department;

b) A representative from the Natural Resources and Environment Department;

c) A representative from the Planning and Investment Department;

d) The Project Investor;

đ) A representative from the People's Committee at the commune level where land is being reclaimed;

e) Representatives of households whose land is being reclaimed, from one to two persons;

g) Other members determined by the Chairman of the Council as appropriate to the local circumstances.

3. Implementation of services related to compensation and clearance of land:

The Compensation, Support, and Resettlement Council at the district level or the Land Development Organization may hire enterprises to implement services related to compensation and clearance of land.

Article 26. Costs for Organizing Compensation, Support, and Resettlement

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

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

b) For expenses without established standards, quotas, or unit prices, budgets should be prepared based on actual needs, suitable to the characteristics of each project and local conditions;

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

2. The funds ensuring the organization of compensation, support, and resettlement shall not exceed 2% of the total compensation and support funds of the project. For projects implemented in areas with difficult socio-economic conditions or extremely difficult conditions, infrastructure construction projects along routes, the organizations assigned to carry out compensation, support, and resettlement work may prepare budgets for organizational costs based on actual workload, without being restricted to the 2% limit.

The competent authority approving the compensation plan decides the costs for organizing compensation, support, and resettlement for each project according to the provisions of the law.

Section 4

PROCEDURE AND PROCEDURES FOR ACQUIRING LAND, ALLOCATING LAND, AND LEASING LAND

Article 27. Basis for Allocating Land, Leasing Land, and Changing Land Use Purpose

The basis for deciding on allocating land, leasing land, and allowing changes in land use purpose includes:

1. Land use planning and land use plans that have been approved by competent state authorities.

In cases where there is no approved land use planning or land use plan, the basis shall be the urban construction planning or rural residential area construction planning that has been approved by competent state authorities.

2. The need for land use is reflected in the following documents:

a) For organizations, the need for land use is reflected in the investment project that has been approved by competent state authorities or granted an investment certificate;

For projects that do not require approval by competent state authorities or issuance of an investment certificate, the need for land use must be reflected in the application for land allocation or lease and must include a document from the Department of Natural Resources and Environment assessing the need for land use.

b) For households and individuals, the need for land use is reflected in the application for land allocation, lease, or change in land use purpose and must include confirmation from the People's Committee at the commune level regarding the need for land use.

If households or individuals need land for investment projects, they must have a document from the Environmental and Natural Resources Office assessing the need for land use;

c) For community residents, the need for land use is reflected in the application for land allocation and must include confirmation from the People's Committee at the commune level regarding the need for land use;

d) For religious institutions, the need for land use is reflected in the technical and economic report on the construction of religious facilities.

Article 28. Application of land recovery, allocation, and leasing procedures for investment projects

1. Procedures and processes to be followed in cases where the State recovers land for national defense, security, national interests, public interest, and economic development purposes:

a) In cases where the auction of land use rights or bidding for projects using land is not implemented, the procedures and processes shall be carried out according to the provisions of Articles 29, 30, and 31 of this Decree;

b) In cases where the auction of land use rights or bidding for projects using land is implemented, the land recovery process will be carried out by the Land Development Fund Organization to implement clearance and organize the auction of land use rights or bidding for projects using land in accordance with the law.

Based on the official document recognizing the auction results issued by the competent state agency and the certificate confirming full payment of land use fees or land lease fees from the successful bidder, the natural resources and environment agency will handle the issuance of the Certificate of Land Use Right, House Ownership Right, and Other Assets Attached to the Land. The competent state agency does not need to issue a decision allocating land or leasing land.

2. For investment projects using land that do not involve the State recovering land, there is no need to go through the land recovery procedure; after being introduced to the location, the investor and the land user agree on the transfer, lease, or capital contribution through land use rights and handle the change of land use purpose procedure if there is a change in the land use purpose.

Article 29. Introduction of Location and Notification of Land Recovery

1. The investor or the agency assigned to prepare the investment project submits the application at the local investment file receiving agency. The file receiving agency is responsible for organizing opinions from related agencies regarding the investment project to introduce the location within its authority or submit it to the provincial People's Committee for location introduction consideration.

2. The provincial People's Committee notifies land recovery or authorizes the district People's Committee to notify land recovery immediately after introducing the investment location; in cases of land recovery according to planning, the notification is made after the detailed construction plan, land use plan, urban construction plan, or rural residential area construction plan has been approved and announced.

The content of the land recovery notification includes: reasons for land recovery, revenue, and the location of the recovered land based on current cadastral records or approved detailed construction plans and anticipated relocation plans.

The land recovery notification is published through local mass media and posted at the office of the commune People's Committee where the land is located and at the common activity site of the community whose land is being recovered.

3. Permission to conduct surveys for investment project preparation

a) The Chairman of the provincial People's Committee permits the investor to conduct surveys and mapping of the project area immediately after the investment proposal is approved to serve the preparation and approval of detailed construction plans, land recovery, and overall compensation, support, and resettlement plans, and directs the district and commune People's Committees to implement the tasks specified in points b and c of this clause;

b) The Chairman of the district People's Committee is responsible for establishing a Compensation, Support, and Resettlement Board to prepare compensation, support, and resettlement plans and vocational training and job conversion plans. For areas that have established Land Development Organizations, the competent People's Committee may assign the task of preparing compensation, support, and resettlement plans; vocational training and job conversion plans to the Land Development Organization;

c) The Chairman of the commune People's Committee is responsible for coordinating with the investor to disseminate the survey and measurement plan to land users in the project area and request land users to facilitate the investor's investigation, survey, and measurement to determine the land area for the investment project preparation.

4. For national key projects after being decided by the National Assembly on investment proposals; group A projects, transportation, water conservancy, and dyke construction projects consistent with approved planning, the procedures stipulated in Clause 1 of this Article do not need to be implemented.

5. The time limit for issuing location introduction documents; land recovery notifications; establishment of Compensation, Support, and Resettlement Boards as stipulated in Clauses 2 and 3 of this Article shall not exceed thirty days from the date of receipt of valid investment files.

6. After being introduced to the location, the investor prepares the investment project in accordance with laws on investment and construction; prepares the land allocation and leasing application file in accordance with the law on land. The content of the investment project must include the overall plan for compensation, support, and resettlement.

Article 30. Establishing Compensation, Support, and Resettlement Plans

After the investment project has been reviewed and approved or consented to, the Compensation, Support, and Resettlement Council or Land Development Organization shall be responsible for establishing and submitting the compensation, support, and resettlement plan in accordance with Decree No. 197/2004/ND-CP and Decree No. 17/2006/ND-CP dated January 27, 2006 of the Government on amending and supplementing certain articles of the decrees guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on converting state-owned enterprises into joint-stock companies (hereinafter referred to as Decree No. 17/2006/ND-CP), and according to the following provisions:

1. The contents of the compensation, support, and resettlement plan include:

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

b) Area, type, location, origin of the expropriated land; quantity, volume, remaining quality percentage of damaged assets;

c) Basis for calculating compensation and support amounts such as land compensation price, house and construction compensation price, number of population, number of labor force within working age, number of people receiving social assistance;

d) Amount of compensation and support;

đ) Resettlement arrangements;

e) Relocation of state-owned facilities, organizational facilities, religious facility, community facilities;

g) Relocation of graves.

2. Soliciting opinions on the compensation, support, and resettlement plan:

a) Publicly posting the compensation, support, and resettlement plan at the People's Committee office of the commune level and at community activity points where the land to be expropriated is located so that the persons whose land is being expropriated and those related parties can provide their opinions;

b) The posting must be recorded in a protocol with confirmation from representatives of the People's Committee at the commune level, representatives of the All-Vietnam Association for Solidarity of Ethnic Minorities and Mountainous Areas at the commune level, and representatives of those whose land is being expropriated;

c) The posting period and time for receiving opinions must be at least twenty (20) days, starting from the day of posting.

3. Completing the compensation, support, and resettlement plan:

a) Upon completion of the posting period and receipt of opinions, the organization responsible for compensation and clearance shall compile the received opinions in writing, clearly stating the number of opinions agreeing, the number of opinions disagreeing, and other opinions regarding the compensation, support, and resettlement plan; complete and submit the completed plan along with the compiled opinions to the natural resources and environment authority for review;

b) In cases where there are many dissenting opinions about the compensation, support, and resettlement plan, the organization responsible for compensation and clearance needs to explain clearly or consider adjustments before transferring the plan to the natural resources and environment authority for review.

4. The natural resources and environment authority shall take the lead and coordinate with relevant agencies to review the compensation, support, and resettlement plan and prepare the land expropriation dossier according to the following provisions:

a) The Department of Natural Resources and Environment shall prepare the land expropriation dossier to submit to the Provincial People's Committee for a decision to expropriate land from organizations, religious facilities, overseas Vietnamese, foreign organizations, and individuals;

b) The District Natural Resources and Environment Office shall prepare the land expropriation dossier to submit to the District People's Committee for a decision to expropriate land from households, individuals, and communities.

Article 31. Decision on land recovery, approval and implementation of compensation, support and resettlement plans, allocation and leasing of land

1. The authority to decide on land recovery, allocation or leasing of land shall be carried out in accordance with the provisions of Articles 37 and 44 of the Land Law.

In cases where land recovery involves both organizations and households or individuals using the land, the People's Committee at the district level decides on land recovery for households, individuals, and community residents; within no more than five working days from the date the People's Committee at the district level decides on land recovery, the People's Committee at the provincial level decides on land recovery for organizations, overseas Vietnamese, foreign organizations and individuals, and allocates or leases land to the project investor in the same decision.

2. Within no more than five working days from the date of issuing the decision on land recovery, allocation or leasing of land, the environmental resources agency shall submit to the same-level People's Committee for approval and public announcement of the compensation, support and resettlement plan according to the following:

a) The Department of Natural Resources and Environment shall submit to the provincial People's Committee for approval of the compensation, support and resettlement plan in cases involving land recovery from two or more districts, counties, towns, cities under provinces or higher;

b) The Environmental Resources Office shall submit to the district People's Committee for approval of the compensation, support and resettlement plan in cases not covered by point a of this clause;

c) Within no more than three (03) days from the date of receiving the approved compensation, support and resettlement plan, the organization responsible for compensation and clearance shall cooperate with the People's Committee at the commune level to disseminate and publicly post the decision approving the compensation plan at the People's Committee office and community activity locations where the land has been recovered; send the compensation, support and resettlement decision to the person whose land has been recovered, clearly stating the compensation amount, support measures, resettlement housing or land (if applicable), payment time and location, and the handover time of the recovered land to the organization responsible for compensation and clearance.

3. The Compensation, Support and Resettlement Council or the Land Development Organization shall implement the payment of compensation, support, and resettlement.

4. Within twenty (20) days from the date the organization responsible for compensation and clearance completes the payment of compensation and support to the person whose land has been recovered according to the approved plan, the person whose land has been recovered must hand over the land to the organization responsible for compensation and clearance.

5. In cases where compensation is implemented according to schedule, the investor may receive the handover of the completed compensation and support area to proceed with the project.

6. In cases where the investor and those whose land has been recovered have agreed in writing on the compensation plan for land and attached assets or the recovered land does not require clearance, the competent People's Committee shall issue a decision on land recovery, allocation or leasing without waiting until the end of the land recovery notification period.

5. In cases where the project investor and those whose land is being reclaimed have agreed in writing on the compensation plan for land and attached assets or the reclaimed land does not require clearance, the competent People's Committee shall issue a decision to reclaim land, allocate land, or lease land without waiting until the end of the notice period for land reclamation.

Article 32. Forced Land Recovery

1. The forced land recovery as stipulated in Clause 3, Article 39 of the Land Law shall only be implemented when the following conditions are met:

a) Compliance with the procedures and formalities for land recovery, compensation, support, and resettlement as prescribed in Articles 27, 28, 29, and 38 of this Decree;

b) More than thirty (30) days have passed since the date specified in Clause 6, Article 29 of this Decree for the person whose land is to be recovered to hand over the land to the Organization responsible for compensation and clearance;

c) After representatives of the Organization responsible for compensation and clearance, People's Committee, and the People's Council of the commune where the land is located have persuaded but the person whose land is to be recovered does not comply with handing over the recovered land to the State;

d) There is a decision on forced recovery issued by the competent People's Committee according to the provisions of the law that has taken effect;

đ) The person subject to forced recovery has received the decision on forced recovery. In case the person refuses to accept the decision on forced recovery, the Organization responsible for compensation and clearance will cooperate with the People's Committee of the commune to publicly post the decision at the People's Committee office where the land is located.

2. After fifteen (15) days from the date of directly delivering the decision on forced recovery or the date of publicly posting the decision on forced recovery as stipulated in point đ, Clause 1 of this Article, if the person subject to forced recovery does not hand over the land, the People's Committee of the district shall direct and organize the forceful recovery of the land according to the law.

Article 33. 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 implementing investment projects, the authority approving the investment project may decide to separate the content of compensation, support, and resettlement into separate sub-projects and implement them independently.

2. The Provincial People's Committee is responsible for directing the organization of land recovery, compensation, support, and resettlement for investment projects under the scope of the State recovering land from Ministries, agencies equivalent to Ministries, government agencies, economic groups, state-owned corporations, and central public service units (referred to as Ministries and Sectors in this Article).

Ministries and Sectors with investment projects must coordinate with the Provincial People's Committee and the Organization responsible for compensation and clearance during implementation; ensure funding for compensation, support, and resettlement according to regulations.

Section 5

DEVELOPMENT OF LAND FUNDS, ISSUANCE OF RIGHTS TO USE LAND, RIGHTS TO OWN HOUSING AND OTHER ASSETS ATTACHED TO THE LAND, USE OF UNDERGROUND CONSTRUCTION LAND, AND EXTENSION OF LAND USE

RIGHTS

Article 34. Land Development Fund

1. The Provincial People's Committee is authorized to allocate from thirty percent (30%) to fifty percent (50%) of annual revenue from land use fees, land lease fees, and land auction proceeds to establish the Land Development Fund. The Land Development Fund shall be used for the following purposes:

a) Providing capital to the Organization developing the land fund for land development;

b) Providing capital to create land and resettlement housing funds according to planning;

c) Providing capital to recover land, compensate, and clear land according to planning to form a land fund serving economic and social development, education and training, vocational training, health care, culture, sports, environment, and other local needs;

d) Supporting the implementation of vocational training and career transition programs;

đ) Supporting the construction of resettlement areas; supporting the construction of infrastructure projects in localities where land is recovered;

e) Supporting the difference amount for households and individuals moving into resettlement areas as stipulated in Clause 1, Article 22 of this Decree.

The Provincial People's Committee decides on the use of the Land Development Fund to support cases as stipulated in points d, đ, and e of this clause.

2. The Ministry of Finance, in collaboration with the Ministry of Natural Resources and Environment, shall submit to the Prime Minister for allocation of budget revenue from land to provinces and centrally-administered cities to form the Land Development Fund and issue a model regulation on the management and use of the Land Development Fund based on the following principles:

a) The Land Development Fund is a state financial organization operating on the principle of capital preservation, covering costs incurred during operations, and not for profit-making purposes;

b) The Land Development Fund has legal personality, operates independently, has its own seal, maintains a separate balance sheet, and opens accounts at the State Treasury and credit institutions according to the law;

c) The Land Development Fund is managed, directed, and operated according to the Charter of the Fund established by the Provincial People's Committee based on the model regulation;

d) The Land Development Fund enjoys benefits as prescribed by current regulations.

3. The Ministry of Finance, in collaboration with the Ministry of Natural Resources and Environment, shall guide the exemption of taxes and other budget payments according to point d, Clause 2 of this Article.

Article 35. Land Development Organization

1. The land development organization is a service unit with revenue, established at the provincial or district level by the People's Committee of the province.

2. The land development organization shall perform the following tasks:

a) Creating land funds for auctioning land use rights;

b) Creating land funds to serve economic and social development;

c) Creating land funds to serve educational and training activities, vocational training, healthcare, culture, sports, environmental protection, and other local needs, stabilizing the real estate market;

d) Receiving transfers of land use rights in accordance with the provisions of the law;

đ) Managing land funds that have been cleared of surface obstacles, land received through transfer but without investment projects or auctions for land use rights; land reclaimed according to Articles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Article 38 of the Land Law for land within urban areas and areas planned for urban development;

e) Organizing the auction of land use rights in accordance with the provisions of the law;

g) Taking the lead or coordinating with the Compensation and Resettlement Committee to implement compensation and clearance of surface obstacles;

h) Providing compensation and clearance of surface obstacles services;

i) Developing resettlement areas;

k) Organizing the implementation of investment construction of infrastructure on land under its management for auction;

l) Providing information about land prices and land funds to organizations and individuals upon request;

m) Performing other tasks as decided by the People's Committee of the province.

3. The sources of capital for the land development organization include:

a) Borrowing from the Land Development Fund as stipulated in Article 34 of this Decree;

b) Borrowing from the state budget;

c) Other forms of capital mobilization in accordance with the law.

4. The Ministry of Natural Resources and Environment shall take the lead in coordinating with the Ministry of Home Affairs and the Ministry of Finance to provide guidance on the functions, tasks, authorities, and financial mechanisms of the land development organization.

Article 36. Issuing Certificates of Land Use Rights, Ownership of Housing and Other Assets Attached to Land for Land Used by Enterprises as Construction Sites for Production and Business Bases

1. Enterprises using land as construction sites for production and business bases that have not yet been issued Certificates of Land Use Rights, Ownership of Housing and Other Assets Attached to Land must self-review and declare their land use and report to the People's Committee of the province or centrally governed city where the land is located.

2. Based on the enterprise's report, the People's Committee of the province or centrally governed city where the land is located shall inspect the actual situation and decide on handling and issuing Certificates of Land Use Rights, Ownership of Housing and Other Assets Attached to Land for each specific case as follows:

a) For land areas that have been leased by the State, legally transferred land use rights from others, or granted by the State with payment of land use fees, where the transfer payment or land use fee paid to the State does not originate from the state budget, and which are being used for the intended purpose as per the land allocation decision, lease decision, or lease contract, such land may continue to be used and will be issued Certificates of Land Use Rights, Ownership of Housing and Other Assets Attached to Land.

In cases where the land use purpose has changed and is consistent with the planning, the enterprise must fulfill financial obligations as prescribed by law before obtaining Certificates of Land Use Rights, Ownership of Housing and Other Assets Attached to Land;

b) For land areas granted by the State without payment of land use fees, legally transferred land use rights from others, or granted by the State with payment of land use fees, where the transfer payment or land use fee paid to the State originates from the state budget, and which are being used for the intended purpose, such land must be converted to lease or granted with payment of land use fees and will be issued Certificates of Land Use Rights, Ownership of Housing and Other Assets Attached to Land;

c) For unused land, land used for unintended purposes, land lost due to negligence, land rented or lent to other organizations or individuals in violation of the law, the provincial People's Committee shall decide to reclaim such land;

d) Residential land shall be handed over to the district-level People's Committee for management; if residential land is consistent with approved land use planning, the land user shall be issued Certificates of Land Use Rights, Ownership of Housing and Other Assets Attached to Land and must fulfill financial obligations as prescribed by the Government regarding land use fees;

đ) For land areas that have been encroached upon, are subject to encroachment, or are in dispute, the provincial People's Committee shall resolve them definitively to determine the land users.

Article 37. Use of land for underground construction

The use of land for underground construction (excluding the underground part of surface construction projects) shall be governed as follows:

1. The People's Committee of the province shall decide to allow organizations, individuals, overseas Vietnamese, foreign organizations, and foreign individuals to use land for underground construction for production and business activities in accordance with the provisions of the law on investment. The person using land for underground construction shall enter into a land lease contract with the Department of Natural Resources and Environment.

2. The rental price for land used for underground construction shall not exceed thirty percent (30%) of the rental price for land on the surface with the same purpose of use. The specific rental price for land shall be decided by the People's Committee of the province to suit the actual conditions in the locality.

3. The Ministry of Natural Resources and Environment shall take the lead in coordinating with relevant ministries and sectors to establish a management mechanism for the use of land for underground construction to be submitted to the Prime Minister for decision.

Article 38. Procedures and formalities for extending the use of land for economic organizations, overseas Vietnamese, foreign organizations, foreign individuals, households, and individuals using non-agricultural land; households and individuals not directly engaged in agricultural production who are leased agricultural land by the State

1. Six (06) months before the expiration of the land use period, the land user wishing to extend the land use period shall submit an application for extension of land use at the Department of Natural Resources and Environment for economic organizations, overseas Vietnamese, foreign organizations, and foreign individuals; submit at the District Office of Natural Resources and Environment for households and individuals.

In cases where the scale of an investment project is adjusted and there is a change in the duration of the project, the land use period shall be adjusted according to the operation time of the project immediately after the investment project has been registered for adjustment of scale.

2. The extension shall be regulated as follows:

a) The natural resources and environment authority shall be responsible for reviewing the need for land use.

For cases where an extension of land use requires registration procedures for adjusting the investment project, the review of the need for land use shall be carried out simultaneously with the implementation of the registration procedures for adjusting the investment project.

b) The Land Registration Office shall be responsible for extracting copies of cadastral records and cadastral data and sending them to the competent authority to determine financial obligations.

c) The land user shall submit the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to the Land, and proof of completion of financial obligations for the case of extended land use to the natural resources and environment authority.

d) The natural resources and environment authority shall be responsible for amending the land use period on the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to the Land for the case of extended land use.

e) The time required to perform the tasks specified in points a, b, c, and d of this clause shall not exceed twenty (20) working days (excluding the time for the land user to fulfill financial obligations) from the date the natural resources and environment authority receives complete and valid documents until the date the land user receives the Certificate of Land Use Right, House Ownership Right, and Other Property Rights Attached to the Land.

3. In cases where the conditions for extending the land use period are not met, the natural resources and environment authority shall carry out the recovery of land upon expiration of the land use period in accordance with Clause 3 of Article 132 of Decree No. 181/2004/NĐ-CP.

Chapter III

IMPLEMENTATION

Article 39. Handling certain issues arising from the issuance of the Decree

1. The preparation of land use planning as prescribed in this Decree shall be applied for the period starting from 2011 onwards. Cases of adjusting land use planning for the period 2001-2010 shall be implemented according to the provisions of Decree No. 181/2004/NĐ-CP.

For existing urban areas belonging to districts, towns, cities, wards, and townships that have detailed construction plans which have been approved and include contents on land use planning, the land use planning content in the detailed construction plan shall be incorporated into the higher-level land use planning.

2. The determination of land rental prices as prescribed in Clause 1 and Clause 2 of Article 12 of this Decree shall apply to cases of signing land rental contracts from January 1, 2010. In cases where land rental contracts have already been signed and clearly specify the unit price for land rental, the unit price for land rental shall not be re-determined within a five-year stabilization period.

3. For projects and components that have completed compensation, support, and resettlement payments before this Decree takes effect, the provisions of this Decree shall not be applied or adjusted.

4. For projects and components that have approved compensation plans, support, and resettlement or are implementing compensation payments according to the approved plans before this Decree takes effect, they shall continue to be implemented according to the approved plans, without applying or adjusting according to the provisions of this Decree. In cases where compensation is delayed, the land price for compensation and support shall be determined according to Clause 2 of Article 9 of Decree No. 197/2004/NĐ-CP.

Article 40. Resolving complaints about land compensation prices, compensation decisions, support, resettlement, or forced land recovery decisions

1. Complaint resolution shall be carried out according to the provisions of Article 138 of the Land Law, Articles 63 and 64 of Decree No. 84/2007/NĐ-CP, and the complaint resolution provisions in Decree No. 136/2006/NĐ-CP dated November 14, 2006, of the Government detailing and guiding the implementation of some articles of the Law on Complaints and Petitions and Laws amending and supplementing some articles of the Law on Complaints and Petitions.

2. While there is no decision on resolving complaints, the land recovery decision must still be continued to be implemented. If the competent state agency resolving the complaint concludes that the land recovery decision is contrary to the law, the implementation of the land recovery decision must be stopped; the state agency that issued the land recovery decision must issue a decision to revoke the land recovery decision and compensate for losses caused by the land recovery decision (if any). If the competent state agency resolving the complaint concludes that the land recovery decision is in accordance with the law, the person whose land was recovered must comply with the land recovery decision.

Article 41. Implementation Clauses

1. This Decree takes effect from October 1, 2009.

2. The following regulations are abolished:

a) Article 10, Article 12, remove the content on detailed land use planning for high-tech zones and economic zones specified in Articles 14, 30, 52, 125, 126, 127, and Article 141 of Decree No. 181/2004/NĐ-CP;

b) Articles 3, 6, 10, 19, and 27, Clause 1 of Article 28, Articles 32, 36, 39, and 48 of Decree No. 197/2004/NĐ-CP;

c) Article 4 of Decree No. 142/2005/NĐ-CP dated November 14, 2005, of the Government on collecting land rental fees and water surface rental fees;

d) Clause 1 of Article 2, Clauses 4, 5, and 6 of Article 4 of Decree No. 17/2006/NĐ-CP dated January 27, 2006, of the Government on amending and supplementing some articles of the decrees guiding the implementation of the Land Law and Decree No. 187/2004/NĐ-CP on converting state-owned enterprises into joint-stock companies;

đ) Articles 43, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, and Article 62 of Decree No. 84/2007/NĐ-CP dated May 25, 2007, of the Government providing additional regulations on issuing certificates of land use rights, recovering land, exercising land use rights, procedures, and formalities for compensation, support, resettlement when the State recovers land, and resolving land disputes;

e) Point 2 of Clause 12 of Article 1 of Decree No. 123/2007/NĐ-CP dated July 27, 2007, of the Government amending and supplementing some articles of Decree No. 188/2004/NĐ-CP dated November 16, 2004, on methods for determining land prices and price ranges for various types of land.

4. The Ministry of Natural Resources and Environment shall guide the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees are responsible for implementing this Decree./.