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 Hội nghị xúc tiến đầu tư tỉnh Tiền Giang năm 2010

Regulations on compensation

The compensation, support and resettlement will be done according to Decision No 36/2009/QĐ-UBND dated 31/12/2009 of People's Committee of Tien Giang province on promulgating regulations on compensation, support and resettlement when government takes back land for building constructions served for national defense, security, national and public interests, socio - economic development of the province, coming into effect on 10/01/2010. The content of the regulations includes six Chapters and 53 Articles.

. Chapter I: General provisions;

. Chapter II: Land compensation;

. Chapter III: Property compensation;

. Chapter IV: Support policy;

. Chapter V:  Resettlement;

. Chapter VI: Implementation.

Chapter I: General provisions regulated in Articles from 1 to 4, stating scope of adjustment, objects applied; paying compensation, providing support and arranging resettlement.

1. Scope of adjustment: When government takes back land for building constructions served for national defense, security, national and public interests,  socio - economic development as stipulated in Decree No 181/2004/NĐ-CP on 29/10/2004, Decree No 105/2009/NĐ-CP on 11/10/2009, Decree No 197/2004/NĐ-CP on 03/12/2004, Decree No 17/2006/NĐ-CP on  27/01/2006, Decree No 84/2007/NĐ-CP on 25/5/2007 and Decree No 69/2009/NĐ-CP on 13/8/2009 of the Central Government.

2. Objects applied: organizations, communities, religious establishments, households and individuals, overseas Vietnamese, foreign organizations, foreigners using land in Tien Giang province whose land is taken back for building constructions served for national defense, security, national and public interests, socio - economic development by government; organization or person whose land is taken back; whose properties are lost or damaged due to the land to be taken back, are compensated for land and properties, provided support and allocated for resettlement according to those regulations and other regulations concerned.

3. Paying compensation, providing support and arranging resettlement: Organizations and individuals, overseas Vietnamese, and foreign organizations and foreigners, who are allocated land with land use fee and for leasing with land rental in accordance with regulations on land if paying compensation, providing support, arranging resettlement and expenses for implementation in advance under the approved plan, will be refunded by the State budget by the way of deducting the advances from land use fee and land rental.

Chapter II: Compensation stipulated in Articles from 5 to 16 including regulations on principles of compensation, cases of land taken back without compensation, conditions to enjoy compensation, land price for calculating compensation and remaining costs of doing investment in land. Articles from 9 to 13 provide regulations on compensation for agricultural land; non - agricultural land (except residential land); compensation for agricultural land, non - agricultural land of organizations and compensation for residential land. In addition, there are other regulations such as compensation for land for people having co-ownership; compensation for land located in the safety row when building public constructions requiring safety row and dealing with organizations of which land is taken back without compensation.

1. Principles of compensation:

- User whose land is taken back by government has enough criteria as stipulated in Article 7 of regulations issued together with Decision No 36/2009/QĐ-UBND on 31/12/2009 of the People's Committee of Tien Giang province will enjoy compensation.

- User whose land is taken back will be allocated with another one of the same purpose of use. If there is no land for allocation, he or she will enjoy compensation for the value of the land use right at the time of decision on land withdrawal coming into effect. In case of enjoying compensation under the form of new land allocation or residential land allocation in the resettlement area or providing house (if the project includes building houses for resettlement) there is any difference in value between withdrawn land and given one, it will be paid in cash.

- In case of that land user enjoying compensation when his or her land is taken back by government, but he or she has not completed financial obligations on his or her land according to related regulations, it must subtract the amount of financial obligations on his or her land from the amount of compensation and support to refund to the State budget. In case of that, the amount of financial obligations on his or her land is greater than or equal to the compensation, the subtracted amount is equal to the amount of compensation and support as maximum. (No subtracting from the compensation on properties, support for removing, resetlement, stablizing life and production, changing job and creating jobs).

- Government will adjust a part of benefits from the land withdrawal; change of purpose of land use to provide support to people whose land is taken back.

- Area of land eligible for compensation and support is practically identified and measured in reference to the area of each user’s withdrawn land.

2. Cases of land withdrawal without compensation:

- Land user does not have enough criteria as sipulated in Article 7 of the regulations issued together with Decision No 36/2009/QĐ-UBND on 31/12/2009 of the People's Committee of Tien Giang province.

- Withdrawn land is under one of the cases stipulated by Clauses from 2 to 12 of Article 38 of Land Law in 2003.

- Agricultural land used by community.

- Agricultural land used for public purposes of communes, wards and towns.

3. Conditions for compensation:

- User whose land is taken back by government has one of the criteria specified in Clauses 1, 2, 3, 4, 5, 7, 9, 10 and 11 of Article 8 of Decree 197 and Article 44, 45, 46 of Decree 84.

4. Land price identified as basis for paying compensation and remaining costs of investment in land:

- Land price identified as basis for paying compensation is the land price in reference to the purpose of use regulated and publicized annually by the Provincial People’s Committee. No paying compensation based on the price of land, of which the purpose of use will be changed. No paying compensation based on the price of land of which the practical purpose of use is inconsistent with the purpose of land use stipulated by law. In case of that at the point of time of making decision of withdrawing land the offered price does not meet the land market price in normal conditions, the Provincial People's Committee will make reference to the land market price for consistently identifying the price of compensation and not depending on price frame of various kinds of land.

- The remaining costs of investment in land include all the actual costs that land user has spent for investment in land suitable with the permitted purpose of land use, but he or she has not yet got back at the time of land withdrawal by the government.

Chapter III: Compensation for properties stipulated in Articles from 17 to 23 including provisions in principles on compensation on properties, houses, construction works on land; compensation on other properties and compensation on plants and farmed animals. In addition, there are also provisions on handling specific cases of compensation, support for houses, works; compensation on state - owned properties and compensation for workers losing jobs.

1. Principles of compensation for properties

- Owners of properties attached to land, who bear loses due to land withdrawal shall be compensated for those loses. 

- Owners of properties attached to land, which is not eligible for compensation as regulated will enjoy compensation or support depending on each specific case.

- Houses and works associated with withdrawn land and constructed after publicizing the plan shall not be compensated if not having construction permit.

- Houses and other buildings attached to withdrawn land and constructed after 01/7/2004 shall not be compensated if the construction is not adaptable to the land use purpose identified in the approved plan of land use at the moment of construction.

- Properties attached to withdrawn land and constructed after publicizing decision of land withdrawal and noticing the measuring plan shall not be compensated.

- The system of machines, production lines that can be removed and relocated shall be provided compensation on expenses of dismantling, transportation, installation and damages caused by dismantling, transportation and installation by competent authorities.

2. Compensation for houses, constructions on land:

- For houses and facilities served for household daily activities owner will enjoy compensation as the same as the construction cost of a new construction and works, having technical standards adaptable to the house structure complying with the list of construction cost of houses and works annually issued by the provincial People's Committee. The construction cost of new houses and works is calculated by the way of multiplying the construction area of those new houses and works by the list of construction cost of houses and works annually issued by the provincial People's Committee in accordance with the Government regulations at the moment of issuance.

- In case of that works do not meet technical standards in the area scale, height (low or small) as tents, business, barbershop, salon... the Compensation Board of district level will have proposals to reduce the rate of compensation accordingly.

- In terms of houses and works which are partly dismantled and the remaining part is still kept using owner will enjoy compensation for a dismantled part including the cost of repairing and completing construction of the remaining part. The cost of repairing and completing construction of the remaining part of houses and works is defined as follows:

+ equal to 100% of compensation value for dismantled houses and works applied for those houses and works which are dismantled to the clearance line.

+ Equal to 50% percent of compensation value for dismantled houses and works applied for those houses and works, which have dismantled space bigger than the clearance area (Due to additional removal exceeding the clearance line to the nearest column). The compensation and repair costs do not exceed the value of the house.

- In terms of houses and works which are partly dismantled and the remaining part is not available for keeping use owner will enjoy compensation for the whole houses and works.

- In terms of houses and works, which are dismantled from 50 percent or more of those house and works, owner will enjoy compensation for the whole works.

- In terms of houses and works, which are not included in the mentioned above subjects owner will enjoy compensation as follows:

Compensation level for houses and works = Practical value of damaged houses or works + A certain amount of money equal 30% of the practical value of houses or works.

- Practical value of damaged houses and works is identified by the way of multiplying the percentage of those houses and works’ quality left after a period of use by the construction cost of new houses and works having the same technical standards. The maximum compensation level is not higher than 100% of the construction cost of new houses and works having the same technical standards compared with damaged home or works damaged.

- In terms of technical infrastructure works the compensation is equal to the construction cost of new works having the same technical standards. If works do not work any more, they are not compensated.

- The examination on the remaining quality percentage of damaged house and works is carried out by the agency assigned to implement compensation, assistance and resettlement with the participation of professional agencies. The remaining quality percentage of damaged house and works is identified under the guidance of the Ministry of Construction and other ministries and branches concerned.

- Properties attached to land stated in Clauses 4, 6, 7 and 10 of Article 38 of Land Law will not be compensated.

- Properties attached to land stated in Clauses 2, 3, 5, 8, 9, 11 and 12 of Article 38 of Land Law in 2003 will be dealt according to Article 35 of Decree 181.

- The compensation will base on the current price list of houses and architectural objects, which is issued by PPC to calculate compensation level.

3. Compensation for other properties:

- In terms of properties such as telephone, electricity and water meters the compensation level is identified under Decision of PPC or following the compensation plan approved by PPC for each specific project.

- In terms of tombs, the compensation or support level is identified under Decision of PPC or following the compensation plan approved by PPC for each project.

4. Compensation for crops, farmed animals:

- The compensation for crops will base on the current price list of plants, vegetables, which is issued by PPC to calculate the compensation level.

- In terms of plants that have not been harvested but can be moved to other locations they will have compensation for transportation cost and actual damages due to moving and transplanting.

- Trees in forest of which the plantation cost coming from the state budget, trees in natural forest assigned to organizations, households to plant, manage, take care and protect will have compensation on their actual damages. The compensation will be divided for managers, caretakers and protectors under provisions of forest protection and development.

- Farmed animals that are falling in the harvesting period at the time of land withdrawal will not be compensated. Farmed animals that are not falling in the harvesting period at the time of land withdrawal will have compensation for actual damages due to being harvested early. In case of being able to relocate, they will have compensation for moving cost and damages caused by movement; the compensation level is under compensation plan approved by PPC.

Chapter IV: Support policies are stipulated in Articles from 24 to 30 including provisions on supports for relocation, resettlement, stabilizing life and production, changing job and job creation; support for agricultural land in residential areas and garden and pond land, which are not recognized as residential land, support for cases that are not eligible for compensation and other supports.

1. Relocation support:

- Relocation inside the province: 5,000,000 VND/household, relocation to other provinces: 7,500,000 VND/household. Households and individuals who have a part of land to be cleared and have to relocate his or her house to other place inside this plot of land are supported with the cost of relocation of 3,000,000 VND/household.

- Person whose land is withdrawn that has no other accommodation is supported with the house rental in the time of waiting for building new accommodation.

2. Support for resettlement:

- Households and individuals receiving residential land, house for resettlement, but the amount of compensation is less than the value of one minimum resettlement ration are supported with the difference. In case of not receiving residential land or house in resettlement area, they will be paid the amount of money equivalent to the difference. Depending on each project with resettlement area, the district People's Committee will propose a minimum resettlement ration to PPC for approval. The minimum resettlement ration is not lower than VND 40 million.

- Households and individuals who have land withdrawn by government and have to relocate, but can arrange their accommodation by themselves (No receiving the resettlement land) will be supported with amount of money equal to one ration of infrastructure investment applied for one household in the resettlement area excepting cases of receiving an amount of money as a support for relocation. The minimum cost of infrastructure investment is 400,000VND/m2.

3. Support for changing job and job creation

- Households and individuals who directly involve in agricultural production when government takes back their agricultural land, not being under cases as stipulated in Clauses 1, 2 of Article 28 of Regulation issued together with Decision No 36/2009/QĐ-UBND dated 31/12/2009 by Tien Giang Province People's Committee, but there is no land for compensation, in addition to enjoying compensation by cash as stipulated in Clause 2 of Article 9 of Regulation issued together with Decision No. 36/2009/QĐ-UBND dated  31/12/2009 by Tien Giang Province People's Committee, will enjoy supports for changing job and job creation under one of the forms as money or residential land or house or land served for production, non - agricultural business as below:

a) Support under the form of cash: paying by 2.5 times following the price of agricultural land for the whole withdrawn area of agricultural land; the area eligible for support does not exceed the limitation of agricultural land as regulated when being delivered. In terms of other cases, the People's Committee of district level will base on the real local situation to propose the support level to the Provincial Board of Compensation Ways Appraisal for review and submit to PPC for approval.

b) Support provided under the forms of changing job and job creation equal to one ration of residential land, one apartment or one ration of land served for production or non - agricultural business is only applied if meeting the following conditions:

- Supported households and individuals have demand for receiving one ration of residential land, one apartment or one ration of land served for production or non - agricultural business.

- Local availability of residential land and houses.

- Amount of money supported for changing job and job creation is stipulated at Point a, Clause 1 of this Article must be equal to or greater than the value of one ration of residential land, one apartment or one ration of land served for production or non - agricultural business.

4. Support for agricultural land in residential area and garden and pond land that are not recognized as residential land:

- Households and individuals who have withdrawn garden, pond land in the same plot on which there are houses in residential areas that are not recognized as residential land; withdrawn garden, pond land in the same plot on which there are separated houses; withdrawn garden, pond land in the same plot on which there are houses along canals or roads, in addition to receiving compensation following the price of agricultural land for perennial trees, are also supported with 30% to 70% of price of residential land of that plot. The area eligible for support does not exceed 05 times than the limit of residential land allocation stipulated by PPC and not bigger than the withdrawn area. The People's Committee of district level is responsible for determining land plots in residential areas and proposing the specific level of support for each project.

- Households and individuals who have withdrawn agricultural land located in the administrative boundary of wards, residential area of town, rural residential area, agricultural land plots adjoining the ward boundary, the boundary of residential area, in addition to receiving compensation following the price of agricultural land are also supported with 20% – 50% of the average residential land price of areas covering withdrawn land stated in the Table of land prices annually announced by PPC.  The supported area does not exceed 05 times than the limit of land allocation stipulated by PPC, but not bigger than the withdrawn area.

Chapter V: Resettlement is stipulated in Articles from 31 to 36 including provisions on resettlement arrangement; objects and conditions arranged for resettlement; rights and obligations of people whose lands are taken back, resettlement for special projects, establishment and implementation of resettlement projects; compulsory conditions applied for resettlement areas.

Chapter VI: Implementation is stipulated in Articles from 37 to 53, including provisions on assigning tasks and compensation appraisal, support and resettlement; liabilities of the Council for Compensation, Support and Re – settlement; Building, appraising and approving plan of compensation, support and resettlement; publicizing plan of compensation, support and resettlement; paying compensation, providing support and arranging resettlement; time of handling in the withdrawn land; forcing to withdraw land; separating compensation, support and resettlement as a separate project and responsibility in withdrawing land, paying compensation, providing support and arranging resettlement applied for projects invested by Ministries and Central branches;  responsibilities of People's Committee of all levels; responsibilities of provincial Departments and branches; dossier of paying compensation, providing support and arranging resettlement; implementation cost of  compensation, support and resettlement; dealing with complaints on the price of compensated land; decision on compensation, support and resettlement or decision on forcing to withdraw land; procedures of dealing with complaints on administrative decision and  actions done by PPC Chairman; dealing with complaints on administrative decision and actions related to land that do not belong to cases regulated in Article 63 and 64 of Decree 84 and responsibility of implementation.




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