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The Decree 47/2014/nd-Cp: Rules On Compensation, Resettlement Assistance When The State Revoked The Land

Original Language Title: Nghị định 47/2014/NĐ-CP: Quy định về bồi thường, hỗ trợ, tái định cư khi Nhà nước thu hồi đất

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THE GOVERNMENT.
Number: 47 /2014/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 15, 2014

DECREE

Regulations on compensation, support; resettlement when the State recalers land

________________

Government Law Base December 25, 2001;

Land Law Base November 29, 2013;

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

Government The decree issued a decree on compensation, support, and resettlement when the State recituate the land.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The decree detailed some of the provisions, the provisions of the Land Law on compensation, support, resettlement when the State recovered the land.

What? 2. Subject applies

1. The Agency performs a state management function on land; the organization is on the duty of compensation, the release of the faceside.

2. The land user specified in Article 5 of the Land Law when the State recituate the land.

3. Organization, other individuals are involved in the compensation, support, resettlement when the State recituate the land.

Chapter II

DETAILED REGULATIONS ON COMPENSATION, SUPPORT,

RESETTLEMENT WHEN THE STATE RECOVERED LAND

What? 3. The compensation costs the investment in the remaining land when the State returns the land for defense purposes, security; economic development-society for national interest, public, and business.

1. The subject is compensated for the cost of investing in the remaining land as the State recuperated land for defence purposes, security; economic development-society for national interest, public is the stipulated cases at Article 76 of the Land Law.

2. The cost of investing in the remaining land is the cost that land users have invested in land in line with the purpose of using the land but by the time the state agency has the authority to decide on the land that has not yet recovered. The cost of investment in the remaining land includes the whole or part of the following expenses:

a) The cost of levy is equal;

b) The renovation costs increase the fertility of the soil, the salt-washing, anti-erosion, invasive to land use for agricultural production purposes;

c) The cost of the household capacity is resistant to vibration, soil subsiduation to land made by business production;

d) Other costs involved have invested in the land in accordance with the purpose of land use.

3. The conditions determine the cost of investment in the remaining land:

a) There is a record, the proof that the proof has invested in the soil. Where the cost of investing in the country has no record, the proof is that the People's Committee of the Province, the Central Committee of the Central Committee (later called the Provincial People's Committee), the local reality-based situation regulates the cost of the investment. into the rest of the earth;

b) The cost of investing in the land is not derived from the state budget.

4. The investment cost on the remaining land is calculated to fit the market price at the time of the decision to recover the land and be determined in the following formula:

In it:

P: The cost of investment in the other land;

P1: The cost of levy is equal;

P2: The renovation cost increases the fertility of the soil, the salty, anti-erosion, invasive soil for land use for agricultural production purposes;

P3: The cost of the household capacity is resistant to vibration, land subsiduation to land made by business production;

P4: The other cost involved has invested in land in accordance with the purpose of land use;

T1: The shelf life;

T2: The shelf life is left.

For the timing of the investment in the soil after the time of the State of the Land, the land lease term (T1) is calculated from the time of the investment in the land.

What? 4. Compensation, support when the State revoked agricultural land exceeding the level of adoption of land use on households, individuals and families.

The compensation, support when the State revoked agricultural land beyond the degree of transfer of land rights to the household, the individual stipulated at Point 1 Article 1 Article 77 of the Land Law was made under the following regulation:

1. Household, the individual who is using agricultural land that outrates the transfer of the right to land use before July 1, 2014 is due to be inherited, donated to, receiving transfer of the rights to land from others as prescribed by law that qualified eligible. Compensation is compensated, supported by the actual area that the State revoked.

2. For the household case, the individual is using the prescribed agricultural land at Clause 1 This but there is no claim to use of the land or not eligible to be granted a Certificate of Use of the Land, the ownership of the housing and property. Others associated with land under the rule of the Land Act are compensated only for the land area of agricultural land. For the area of agricultural land that exceeds agricultural land level, it is not compensated for land but is considered in accordance with regulation at Article 25 of this decree.

3. The term of land use for compensation for agricultural land due to household, individuals are using the origin of the State of the Land to use on the purpose of agricultural production, recognizing land rights, receiving the right to use land in accordance with the order. The law of the land, as applied to the land of the state, is used for long-term stability.

What? 5. Land compensation, the cost of investing in the remaining land as the State recoil the land due to the residential community, the religious base is using

1. The compensation of the land, the cost of investment in the remaining land when the State revoked the agricultural land of the residential community, the religious base stipulated at Clause 3 Article 78 of the Land Law made in accordance with the following regulation:

a) For agricultural land used before July 1, 2004 (2003 Land Law Day in effect) originated not as land due to the State of the State not collecting land use, the land was leased by the State for rent annually, has the right to use land or qualified to be granted a Certificate of Land Use Certificate, property rights in and other property attached to the land as prescribed at Article 100 and Article 102 of the Land Law is compensated on land by regulation at the site. Paragraph 2 Article 74 of the Law of the Land;

b) For agricultural land used by the State of the Land not to collect land use, the land lease for land rent annually is not compensated for the land but is compensated for the cost of investing in the remaining land (if any). The determination of the cost of investment in the remaining land for the calculation of the compensation is due to regulation at Article 3 of this Decree.

2. Compensation on the land, the cost of investment in the remaining land as the State revoked non-land agricultural land in the residential community, the religious basis stipulated at Clause 5 Article 81 of the Land Law made in accordance with the following regulation:

a) For non-agricultural land used before July 1, 2004, which is not a land of origin due to the State-to-use of the Land, lease land rent annually, has a Certificate of Use of Land or Eligible For Use. is granted the right to use the right to use land, property rights, and property rights associated with the land as prescribed in Article 100 and Article 102 of the Law of Land are compensated for the land by regulation at Clause 2 Article 74 of the Land Law.

The non-agricultural land of the religious establishment used from 1 July 2004 to the time of the announcement of the land of the state authority of the state authority, which had the origin of the origin of the transfer, received it not to be compensated for the land;

b) For non-agricultural land originating as a result of an uncollected land use by the State of the Land, the land lease for land rent annually is not compensated for the land but is compensated for the cost of investing in the remaining land (if any). The determination of the cost of investment in the remaining land for the calculation of the compensation is due to regulation at Article 3 of this Decree.

The case of full recall or part of the area where the remaining land area is not eligible to continue to use, if the residential community, the religious base also has the need to use land on the common purpose of the community, the religious base is delivered by the State. New land elsewhere; new land deliveries elsewhere must be consistent with the planning, land-use plans approved by the state agency.

What? 6. Land compensation when the State recitues land in

Land compensation when the State of the State recovered the land at the stipulation at Article 79 of the Land Law made under the following regulation:

1. Household, individuals who are using land in, Vietnamese residing abroad are in possession of housing attached to the right to use land in Vietnam when the State recovered the land at which there is a Certificate of Land Use Rights or qualified to be granted a Certificate of Certificate. The use of land, property rights, and other property is associated with the land as prescribed by the law of the land, the compensation of the land is done as follows:

a) The case of recovery of the entire land at or the portion of the land at the rest of the recall is not eligible to be at the provisions of the Provincial People's Committee that the household, the individual has no land at, the other house in the commune, the ward, the town where the land is in. And when they were made restitution of the land in the house, and in the habitation of the house

b) The case of recovery of the land at or the portion of the land at the rest of the recall is not eligible to be at the provisions of the Provincial People's Committee, the individual, the land, the other housing, the housing, the town, the town where the land is recovered. It ' s compensated with money. For local conditions, the land fund is considered for soil compensation.

2. The case in the household stipulated at this 1 Article which in the household has multiple generations, many couples share the same life on a recovery land at the recall if eligible to separate individual households in accordance with the law of residence legislation or whether or not. Many households have the same rights to use one (01) land in the recall, the People's Committee of the Provincial Committee, based on housing, resettlement housing, and local realities that determine the level of housing, housing resettlement homes for each household.

3. Household, personal, Vietnamese, who settled abroad under the prescribed cases at Clause 1 This without the need for land compensation or by home in the resettlement of the state compensated by the State of the Money.

4. For the household, the individual is using the land when the State Recovery State attached to the housing housing must move the accommodation but is not eligible to be compensated for land in, if there is no other accommodation in the commune, ward, town where there is. The land at the recall was sold by the state, rented, leased to housing, or land-based purchases. The price of sale, rental, lease for housing; land prices at the calculation of land use when the State of the State of the Land is regulated by the Provincial People's Committee.

5. The case in the soil of the land at the back of the land at the surface of the agricultural land is not recognized as the land of the household, and the individual whose land recovered is intended to use land on land to land at the limit of local land, If the household, the individual with the need and the transfer of the destination to the ground in accordance with the planning, the land use plan has been approved by the state agency. Household, individual when transferring the purpose of using the land must perform financial obligations under the rule of law on the collection of land use; land rent, water lease.

6. Economic Organization, Vietnamese residing abroad, businesses with foreign investment capital are using the land to implement a housing construction project when the State Returns Land, if there is sufficient compensation stipulated at Article 75 of the Land Law, the employment of the country. It is done by the following regulations:

a) The case of recovery of a portion of the land area of the project in which the rest is still eligible for the implementation of the project, is compensated by money for the portion of the recovered land;

b) The case of recovery of the entire land area or the recovery of a portion of the land area of the project in which the remainder is not eligible for the implementation of the project, is compensated by land to implement the project or compensation by money;

c) For the project that brought into business when the State Recovered Land is compensated with money.

What? 7. The land compensation, the cost of investing in the remaining land as the State revoked non-farm land is not the home of the household, personally.

Land reparation, the cost of investing in the remaining land for non-agricultural land is not the housing of the household, the individual stipulated at Article 80 of the Land Law is carried out by the following regulation:

1. Household, the individual who is using non-agricultural land is not a land when the State revoked the land, if it is eligible to be compensated by regulation at Article 75 of the Land Law, which is compensated for the soil, namely:

a) For the land used for a time when the land is compensated with the same purpose used with the return soil; the term of land use is compensated as the rest of the land's remaining use; if there is no land for reparation, compensated by money and is defined as follows:

In it:

Tbt: The amount is compensated;

G: Specific land prices at the time of the decision to recover the land; if the land is used by the State to collect land, G is a concrete land price for land use, if the land is paid once by the State for a lease period, then G is a specific land price. The rent charge.

The area of the land recovered;

T1: The shelf life;

T2: The deadline for use of the land remains;

b) The case of household, individual compensated by land that has a need to use with a longer term than the remainder of the recovery land, was given by the state authority to increase the shelf life but the land user must carry out the obligation. It is financial to the time that is increased according to the law of the land.

2. Household, the individual who uses non-agricultural land is not a land in the state leased to rent land annually, lease land rent land once for a whole time of lease but is exempt from land rent, except for the specified case in Clause 3. This is not to be compensated for the land but is compensated for the cost of investing in the remaining land (if any) prescribed at Article 3 of this decree.

3. Household, the individual who is using non-agricultural land is not a land in the State for rent land rent land once for a whole time of lease but is exempt from the lease of land due to the policy implementation to the person with the revolution is compensated. I don't know. Based on actual conditions, local land funds, the Provincial People's Committee specifically regulates compensation.

4. Household, personal use of commercial land, service, non-agricultural manufacturing base land, other non-agricultural land that has a long-term stable shelf life that is eligible to be compensated under the rule of law when the State recalers land. It ' s compensated for land at the cost of land.

5. Household, the individual who is using the housing land before July 1, 2004, which is of a Jewish origin, occupies, when the State recitues the land if no other accommodation is taken by the State of the State to collect land or sell housing in resettlement. The price of land at the cost of land use, the housing sale prices have been settled by the Provincial People's Committee.

What? 8. Land compensation, the cost of investing in the remaining land as the State revoked the non-land agricultural land of the economic organization, the venture business said.

1. The compensation of the land when the State revoked the cemetery, the graveyard of the economic organization stipulated at Clause 2 Article 81 of the Land Law made in accordance with the following regulation:

a) The case of a full recovery or a partial land area in which the rest is not eligible to continue the implementation of the cemetery construction project, the cemetery owner is compensated by the State by handing over the new land to the same purpose if the project has been used. It ' s a transfer of land rights to the infrastructure; it ' s compensated with money if the project is at the time of construction of the infrastructure and haven ' s use of land rights to the infrastructure.

b) The case recovered a portion of the land area where the remainder was eligible for continued use of the cemetery, the cemetery owner was compensated with money for the land of recovered land. If the land of the land recovered, the tomb moved the tomb into the rest of the project; the rest of the project, the rest of the project was ceded, and the project owner was compensated by the State for a new land. The cemetery, the cemetery, is in the area of the country.

Land deliveries elsewhere to make cemetery, the cemetery stipulated at this point must be consistent with the planning, the land use plan was approved by the authorities, the state with the authority to approve.

2. The joint venture business using non-agricultural land is not a land at the expense of the use of the land specified in Article 184 of the Land Law when the State Returns Land is compensated by provisions at Clause 2 Article 74 of the Land Law. belt in the following circumstances:

a) The land due to the economic organization that contributes to the regulation at Article 184 of the Land Law of the Land of the Land of the Land of the State of the Land, which has been used by the State of the Land, to rent out land rent once for all the time that the money is used, the land rent has not been available. the original from the state budget;

b) The land led by the economic organization of the State of the land did not collect money using land, the land that would collect money using the land that the land uses from the state budget, lease the land to rent the land annually, which is used for use of land use. The state budget granted to the business, not debit and non-reimbursable land on the law of the land to fund joint venture with the organization, foreign individuals;

c) The land due to the economic organization that contributes to the origin of the transfer of the land by the rule of law that the money paid for the receiving of the transfer is not derived from the state budget;

d) The land was settled by the Vietnamese in the country by the State of the Land of the Land of the Land of the Land of the Land of the Land of the Land of the Land of the Land, leased to rent land once for a time of lease; and the business business that the Vietnamese had to do with the right to use this land. It's 100% foreign capital.

What? 9. The compensation damages home, other construction works attached to the land as the State revoked the land.

The compensation for the house, other construction works attached to the land when the State of the State revoked the land specified in Clause 2 Article 89 of the Land Law made under the following regulation:

1. The home compensation level, the work by the total value of the home, the work is damaged and the amount is equal to the percentage according to the existing value of the home, the work.

The existing value of the house, the damaged work is determined by (=) the percentage of the remaining quality of the house, the work multiplied by the (x) with the new construction value of the house, the equivalent of the equivalent technical standard issued by the Ministry of Management.

The sum of the percentage according to the current value of the home, the work provided by the Provincial People 's Commission, but the compensation level is no more than 100% of the home' s new construction value, the work with technical standards equivalent to home, the process reported. damage.

2. The existing value of the home, the damaged work is determined by the following formula:

In it:

Tgt: The existing value of the home, the work suffered;

G1: The value of home construction, the damaged construction of equivalent technical standards issued by the Ministry of Specidisciplinary Management;

T: The time of depreciation applied to the home, the work suffered;

T1: The time the house, the work suffered by the damage used.

3. For the home, other construction work is partially demolished which the rest is no longer usable, compensated for the entire house, the work; the home case, the other construction site is partially demolished, the remains that exist and use the rest of them. Compensated for the cost of the building's cost and cost to repair, finishing the remainder in accordance with the same standards of engineering equivalent to the house, before being demolished.

4. For the home, construction work does not qualify for technical standards by the Department of Specialized Management, and the Provincial People's Committee provides a specific compensation for appropriate local conditions.

What? 10. Compensation Damages due to the ability to use soil, property damage attached to the land to the safe corridor land when construction of the park has a protection corridor.

Reparation damages due to the possibility of land use, property damage attached to the land on the safe corridors when building the work with a protection corridor stipulated at Article 94 of the Land Act is carried out as follows:

1. The case that changes the purpose of land use:

a) A change of the purpose of using soil from land to non-agricultural land is not land at or from land to agricultural land, the damage to the extent of damages is as follows:

Tbt = (G1-G2) x S

In it:

Tbt: The reparation damages;

G1: Ground prices per meter per foot 2 ()

G2: Non-agricultural land prices are not land in or agricultural land prices per m 2 ()

The land area is changed for use of land.

b) As a change of the purpose of land use from non-agricultural land not to farmland, the damage to the extent of damages is determined as follows:

Tbt = (G3-G4) x S

In it:

Tbt: The reparation damages;

G3: Non-agricultural land prices are not equal per m. 2 ()

G4: Agricultural land price per m 2 ()

The land area was altered by the purpose of land use.

2. The case does not alter the purpose of land use but limits the possibility of land use, the identification of the damage to the extent of the damages caused by the local People's Committee to the local situation in particular.

3. Housing, other construction, and other properties associated with the land within the safety corridor are damaged by the extent of the damage to the extent of the damage.

4. When the safe-safe passage of the park occupies about 70% of the housing area with housing, the construction site, the remaining land area is also compensated in accordance with Clause 1 and Clause 2 This.

5. Household, personal use of land located in the safe corridor when building a public building with a safe protection corridor must move where there is no other place in the commune, the ward, the town where the land in the safe hallway is located. resettlement layout; be compensated for moving costs, and are supported for life-life stability, production.

What? 11. Compensation, Soil Support when the State Revoked The Land was unproperly delivered on July 1, 2004 but paid for use of the land without being granted a Certificate of Use of the Land.

The land was handed not properly prior to July 1, 2004, but the person who was using the land paid for the use of the land without the granting of the right to the right of land use, the compensation, the soil support was carried out by the following regulations:

1. The case of land use before October 15, 1993, the person who is using land is compensated for land on the area and the land is delivered.

2. The case of land use from October 15, 1993 to before July 1, 2004 the person who is using the land is compensated, supported as follows:

a) To be compensated, the support for the land area was given as farmland, non-agricultural land not land, land at the limit of regulation of land provisions at Clause 2 Articles 83 and Clause 5 Articles 84 of the Law of Land in 2003;

b) is compensated for land on land that is assigned as the land at the limit of regulation of land provisions in Clause 2 Articles 83 and paragraph 5 Article 84 of the Law of the Land of 2003 but must subtract the amount of land that must submit to the Government's procurement of money. Use the soil.

3. The compensation of the property attached to the recovery land follows the provisions of the Law of Land and Decree.

What? 12. Compensation, Soil Support when the State revoked the land for the case of other practical measurements with a written record on the rights to land use.

The case of land recovery where the area of the actual measurement differs from the record area on the authority to use the prescribed land at 1, 2 and 3 Articles 100 of the Land Law and Article 18 of the Digital Protocol. 43 /2014/ND-CP May 15, 2014 of the Government rules the details of the implementation of certain provisions of the Land Law (later called the Digital Protocol). 43 /2014/ND-CP ) then be compensated according to the following regulations:

1. If the actual measurement area is smaller than the written area of the land on the use of the land, it is compensated according to the actual measurement area.

2. If the measured area is more practical than the written area of the land use by the previous measurement is missing or due to the previous registration of the land, the land user did not prescribe the area, but the entire soil boundary was used. It is determined that no change, no dispute with the use of adjacent land, is not due to overcrowing, taking on compensation according to the actual area of measurements.

3. If the land area is more realistic than the area of the land on paper on land rights, the People's Committee, the ward, the town (then called the Social People's Committee) where the land confirms the area more than it is because of the exploitation or the transfer. The rights of previous land users, the land used stable and undisputed, were compensated according to actual measurements.

4. For the more land area of land on paper on the right to use land where land area is more than it is due to overcrowing, which has not been compensated for land.

5. Compensation of the property attached to the soil in the case of the land recall specified in Clause 2 and Section 3 This is done by the provisions of the Law of Land and Decree.

What? 13. Land compensation for the person who is using the land without a permit for land use

1. When the State recalers land that the land user has no papers on land use rules at 1, 2 and 3 Articles 100 of the Land Law and Article 18 of the Digital Protocol. 43 /2014/ND-CP which is eligible for the Land Use Certificate certification, property rights in and other property attached to the land stipulated at Article 101 and Article 102 of the Land Law, Articles 20, 22, 23, 25, 27, and 28 of the Digital Decree. 43 /2014/ND-CP It ' s about soil compensation.

2. The case of people with land restitution is compensated with money, the amount of money compensated for the amount of financial obligations under the rule of law on the collection of land use; land rent, water lease.

What? 14. Home compensation, work for the person who is using the State Property.

1. The person who is using the State-owned housing (tenant or self-governing house) is within the land recall range that must be demolished, then the tenant is not compensated for the housing area owned by the State Department and area of the left. allow, but is compensated for self-improvement, repair, upgrades; compensation levels by the Provincial People's Committee.

2. The person who is using the bankrupt State-owned housing is rented out at the resettled site; the rent is the home lease owned by the state property; the tenant at the resettlement is sold by the State to the employer by the Government ' s provisions for sale. The home is owned by the tenant; the special case has no resettlement for laymen to be supported by money to take care of the new accommodation; the level of support equals 60% of the land value and 60% of the tenant's value.

What? 15. Land compensation for those who are in the right to use the land

1. Organization, household, individuals who are using common land have the same rights to land use, when the State Recovery State is compensated by the land area of use; if there is no paper identifying the land under the organization ' s own use, the household. The individual, the individual, is generally compensated for the subjects that have the right to use the land.

2. The Provincial Committee of the People's Committee instructs the distribution of land compensation to the rights subjects that use the regulation at Clause 1 Article.

What? 16. Compensation, support, resettlement to cases of soil recovery in an area contaminated with environmental pollution threatens human life; the land at risk of landslides, subsiduation, is affected by other natural disasters threatening human life.

1. The compensation, support, resettlement of the household ' s housing recovery case, the individual in the area contaminated with the environment is at risk of threatening human life; the land at risk of landslides, subsiduation, is affected by other natural disasters threatened by the disease. The threat of human life in paragraph 3 Article 87 of the Land Law is carried out as stipulated at Clause 1 Article 79 of the Law of Land, Article 6 and Article 22 of this decree.

2. For the housing field of the household, the individual suffers from a landslide, the sudden collapse of the entire land area or part of the parcel area where the rest is no longer able to continue using the household, the individual is resettled in resettlement. the following rules:

a) The land area of resettlement is regulated by the local People's Committee of the specific conditions of the local regulations but not beyond the extent of local land traffic;

b) The payment of land use, exempt from the use of land and other incentives made by the decree of the decree on the collection of land use.

3. Money in compensation, support for the recovery land area for resettlement layout to be resolved as follows:

a) The state budget paid in the case of the recovery of the land in the natural disaster;

b) The business that pays in the event of a land recovery in an area contaminated with an environment is at risk of threatening the human life caused by that business; the business case has dissolved, the bankruptcy, the compensation, the aid of the state budget. Pay.

What? 17. Compensation, Support when the State revoked the land to carry out the investment project led by the National Assembly, the Prime Minister agreed to chair investment.

The compensation, support when the State revoked the land to implement the investment project led by the National Assembly, the Prime Minister agreed to an investment in investment that had to move both the residential community, which affected the entire life, economy-society. conference, the cultural tradition of the community; the land recall project involving many provinces, the Central City of China performs as follows:

1. The ministry, which has an investment project with the responsibility of presiding, co-ordinated with the Provincial People 's Committee where the land revoked the policy of building policy on compensation, support, resettlement of the Prime Minister' s decision to review the decision and must secure funding for compensation. Usually, support, resettlement by regulation.

The compensation policy framework, support, resettlement includes the following principal content:

a) the area of the land that is expected to be recovered;

b) The number of people using land in the area expected to recover land;

c) Expected compensation, support for each type of soil recovery object; envisage the price of compensation for each land type, each type of location;

d) The resettlement layout Variation (expected the number of resettlement, location, resettlement form);

The total amount of compensation, support, resettlement and capital resources to perform;

e) Expected the time and plan to move, hand-handed.

2. The Ministry of Natural Resources and Environment, in coordination with the agencies, organised the organization of the organization to investigate the policy framework on compensation, support, resettlement prior to the decision of the Prime Minister.

3. Based on the policy framework on compensation, support, resettlement has been decided by the Prime Minister, the Ministry, which has an institutional investment project, the organization of the appraisal and approval of the compensation, support, resettlement of the entire project.

The People's Committee of the Provincial Committee of the Compensation System, support, resettlement, approved by the Ministry, the industry, the organization, the organization, and the approval of the compensation, support, resettlement of the local implementation project after the adoption of the project. In the Ministry's text, the sector has an investment project; the organization performs and decides the funding of compensation, support, resettlement with the Ministry, the sector has an investment project.

What? 18. The compensation of the grave movement

For the relocation of the grave not in the prescribed case at Clause 1 Article 8 of this decree, the person with the grave must move the land layout and be compensated for the costs of digging, impulsable, moving, new construction and other reasonable costs involved. Okay. The Provincial People's Committee provides a specific compensation for the local practice and practice.

What? 19. Support for life stability and production when the State recitues land

The support of the stability of life and production when the State of the State revoked the land specified at Point A 2 Article 83 of the Land Law was made in accordance with the following regulation:

1. The object is supported stable life and production consists of the following cases:

a) Household of the family, personally delivered by the State of the State of the Land when the implementation of Protocol 64 /CP on 27 September 1993 by the Government of the Government issued a decree on the delivery of agricultural land to the household, the individual uses long-term stability on the purpose of production. agriculture; Protocol No. 85 /1999/NĐ-CP August 28, 1999 of the Government amended, complements some of the provisions of the regulation of agricultural land delivery to households, individuals using long-term stability on the purpose of agricultural production and the addition of the delivery of land as salt for household and fish. The use of long-term stability; in forestry, when the implementation of Protocol No. 02 /CP on 15 January 1994 by the Government of the Government of the Government of the United States of the Government of the United States of the United States, the government of the United States, on 15 January 1994. Career; Protocol 163 /1999/NĐ-CP November 16, 1999 of the Government on the Delivery Of Land, the forestry lease for the organization, household and personal use of stability, long term for forestry purposes; United States Digital Protocol. 181 /2004/ND-CP October 29, 2004 of the Government on the Law of the Land of the Land;

b) The agricultural demographic in the household stipulated at this point a paragraph but born after the period of agricultural land for that household;

c) Household, individuals belonging to the eligible subject to the prescribed agricultural land at the site of this A, but have not been given agricultural land and are using agricultural land due to the transfer of the transfer, inheritance, donated to, exasperated, the law of the law, which is confirmed by the Committee of the People's Committee, which is confirmed to be directly produced on that agricultural land;

d) Housekeepers, individuals who are using land due to land trading use on agricultural purposes, forestry, aquacal farming (not including the endemic forest land, hedge forests) of farmers, state-owned forestry when the State of the Union recalculated which belongs to the subject. is the cadet, worker of the farm, the national forestry business that is working or retired, the labor loss, the benefit of being subsidizable, forestry, forestry; households, and traders are directly producing agriculture and agriculture. has a steady source of income from agricultural production on that land;

The economic organization, household, manufacturer, business, business, businesses have foreign investment, which is discontinued, business when the State of the State returns to a stable production.

2. Conditions in order to be in support of living life and production execution by the following regulation:

a) For households, individuals, economic organizations, businesses that have foreign investment capital are using land under the prescribed object at Clause 1 This has been granted a Certificate of Land Use Rights Certificate or eligible for license certification. land, property rights in and other property attached to the land stipulated in the Articles 100, 101 and 102 of the Land Law, minus the case of regulation at this point b;

b) For households, individuals who are using land due to the land of land use used for agricultural, forestry, aquacal farming (not including the common forest, forest of the hedge) of the agricultural fields, the forestry regulations at the point of d 1 Article Hey, you got to get a contract on the land.

3. Support for stable life for the specified objects at points a, b, c and d 1 This is done by the following regulation:

a) The recovery from 30% to 70% of agricultural land is in use is supported over a six-month period if not to move accommodation and for 12 months if it must move accommodation; the case has to move to the sites that have economic conditions- Difficult societies or socioeconomic conditions are particularly difficult, with a maximum support period of 24 months.

For the case of recovery above 70% of the used agricultural land is supported over a 12-month period if not to move accommodation and in the 24-month period if the accommodation must be moved in; the case must move to the site of inquiry. Economics-difficult society or having economic-particularly difficult socioeconomic conditions then the maximum support period is 36 months;

b) The land area of the specified recovery land at this point a paragraph is determined according to each decision of the land revoked decision by the competent People's Committee;

c) The level of support for a specified demographic at Point a and This b Point is calculated by the equivalent of 30 kg of rice per 01 months in the average time at the time of local support.

4. The support of the production stability is carried out by the following regulation:

a) Household, individuals are compensated with agricultural land, which is supported to stabilize production, including: Support of crop breeding, livestock breeds for agricultural production, agricultural promotion services, promotions, plant protection services, veterinary medicine, cultivation techniques, and more. Crops, livestock and job techniques for manufacturing, business services business;

b) For the economic organization, households, individuals who produce, business, businesses that have foreign investment in the subject of regulation at Point 1 This Article is supported stable by money with the highest level equal to 30% a year of income. Taxes, according to the average annual income of the previous 03 years.

Post-tax income is determined based on the financial report that has been audits or approved by the tax authority; the case has not been audits or has not been approved by the tax authority, the identification of post-tax income is based on post-tax income. by the official report in the financial report, the report results in the annual business production results each year sent the tax authority.

5. For households, individuals who are using land due to land trading use on agricultural purposes, forestry, aquacal farming of farmers, state-based business schools of the specified object at Point 1 This is well-stabilized. live and produce in the form of money.

6. The worker due to the economic organization, household, individual manufacturing, business, business with foreign investment in the subject of regulation at Point One This Article employs labor under the labor contract it is applied to support the cessation of cessation. according to the law of labor law, the pension period is no more than 6 months.

7. The Provincial People ' s Committee determines the level of support, the time of support, to periodically pay support to suit the local reality.

What? 20. Support for training, vocational conversion and job search for the case of the state ' s recovery of the agricultural land of the household, personally directly producing agriculture.

1. Household, personally directly producing agricultural regulations at points a, b, c and d 1 Article 19 of this decree (except for the family of households, individuals are cadres, employees of the state-owned farm, retired state-owned forestry, vacation), and more. loss of labor, stop being subsidied) when the State revoked the agricultural land that was compensated with money, in addition to being compensated by money on an area of agricultural land recovered by training, conversion, and job search. following the following regulation:

a) Support with no more than 05 times the agricultural land price of the same type in the local land price table for the entire area of agricultural land recovered; the supported area does not exceed the level of local agricultural land delivery;

b) The specific level of support provided by the Provincial Committee of the People's Department of the Local Practical Conditions.

2. The Ministry of Labor-Trade and Social presided over, in coordination with the ministries, the government-led government of the Government to decide the mechanism, the policy of solving employment and training for the recovery of agricultural land.

3. The People ' s Committee of the Institutional Base, the employment settlement policy that has been decided by the Prime Minister, directed the establishment and organization of implementing the training, conversion of jobs and finding employment for people in the labor age at the site. Oh, The training method, job conversion and job search is set up and approved simultaneously with compensation, support, resettlement. In the course of the training process, the conversion of the profession and the search for employment must be taken by the earman's opinion.

What? 21. Support for training, vocational conversion and job search for the case of the State recovery state in the combination of business, household services, individuals that have to move accommodation in the United States.

1. Household, individual when the State recituate the land in a business combination, the service that must move accommodation is supported in training, conversion of occupations, and search for employment under regulation at Point 2 Article 83 of the Land Law.

2. The Ministry of Labor-Trade and Social presided over, in coordination with the ministries, the government-led government that decides the mechanism, the policy of addressing employment and training for the employees of the existing labor age of the household, the individual has the right. It's a recovery.

3. The People 's Committee of the Provincial People' s Office of Employment Settlement and Training Policy has been decided by the Prime Minister and the local practice stipulated that specific support for each type of household, the individual has a recall land.

What? 22. Support for resettlement to the case of residential recovery in households, individuals, Vietnamese people and others. South I ' m going to settle overseas. We have to move in.

The support of resettlement to the case of the state recituation state of the household, the individual, the Vietnamese residing abroad that must move the place at the stipulation at Point 2 Article 2 Article 83 of the Land Law is carried out as follows:

1. Household, individual, Vietnamese residing abroad receiving land at home, resettlement housing where the amount of money compensated for the land is less than the value of a minimum resettlement specified at Article 27 of this decree, which is supported the difference between the price. Minimum resettlement capacity and the amount of money compensated for the land.

2. The case of households, individuals, Vietnamese settlers who settled abroad on their own, in addition to being compensated for the land receive a resettlement. The People's Committee of the Provincial Committee of the Department of the Land of the Land of the Land in the recall, the number of employees of the household and specific conditions in the locality stipulated the appropriate level of support.

What? 23. Support of the tenant in the non-State property

The household, which individuals are renting is not a state-owned housing state when the State Recover Land, which has to move accommodation is supported by the cost of moving assets under the provisions of the Provincial People's Committee.

What? 24. Support when recovering the utility land of township, ward, town

The recovery land of the public land fund of township, ward, town is supported; the highest level of support can be equal to the compensation level; the specific level of support provided by the Provincial People ' s Committee; the support money is filed into the state budget and entered into the project. The annual budget of the township, the ward, the town; the support money is used only to invest in the construction of infrastructure works, which use the purpose of the commune, the wards, the town.

What? 25. Other support for land use when the State revoked the land.

In addition to providing regulatory assistance at Articles 19, 20, 21, 22, 23 and 24 of this Decree, the base on the local reality situation, the Chairman of the Provincial People ' s Committee decided to measure other support to secure accommodation, stability of life, manufacturing and public life. equal to the person with a return land; the case of the household, personally directly producing agriculture when the State revoked the agricultural land without sufficient compensation under regulation at Article 75 of the Land Law, the Provincial People ' s Commission reviewed the support of the government. The government was in line with the local realities; the special case the Prime Minister decided.

What? 26. Go back and implement the resettlement project

The establishment and implementation of the planned resettlement project at Article 85 of the Land Law is implemented as follows:

1. The resettlement project is set up and approved independently of the compensation, support, resettlement process but must ensure that there is land at home, housing resettlement before the state agency has the authority to decide on the recovery of the land.

2. The planning of resettlement project, the choice of the owner to implement the provisions of the legislation on the development and management of the resettlement housing and must secure the provisions at Clause 2 and Section 3 Article 69 of the Land Law.

3. The resettlement is established for one or more projects; housing, land in resettlement is arranged by many levels of homes, varying degrees of area in accordance with the compensation levels and the ability of the resettlement to be resettled.

4. For a centralized resettlement project with a period of construction by component projects, the process of land acquisition and completion of housing construction or infrastructure of the resettlement is carried out in accordance with the progress of each component project but the work is done. The infrastructure of each component project in the resettlement must ensure that the connection to the right of detail was approved by the state agency.

5. The guarantee of funding to implement the resettlement project implementation under regulation at Article 32 of this decree.

What? 27. minimum resettlement

1. The minimum resettlement specified at Clause 4 Article 86 of the Land Law is regulated by land at home, housing or by housing or by money to match the selection of the resettlement layout.

2. The minimum resettlement rate is regulated by land in, housing the land area in resettlement is no less than the minimum area allowed to be separated locally and the home area of resettlement is no less than the minimum minimum apartment area. It's the law of the housing law.

The minimum renewable capacity school is regulated by housing, and the housing area is less than a minimum apartment area under the law of housing.

The minimum resettlement rate is calculated by the amount of money that the minimum resettlement is equivalent to the value of a minimum renewable amount of resettlement, housing at the site of the resettlement layout.

3. The base stipulated at Clause 1 and Clause 2 This and the specific situation of the locality, the Provincial People ' s Committee rules the minimum resettlement of land at home, by housing and by money.

What? 28. The compensation method, support, resettlement when the State revoked the land to implement the project not under the stipulated case at Article 17 of this decree.

1. The compensation method, support, resettlement when the State revoked the land for defence purposes, security; economic development-society for national interest, public without a stipulated case at Article 17 of this decree, including the principal content of the government. The following:

a) They and their names, the addresses of the land of the land recovered;

b) The area, the soil type, the location, the origin of the return soil; the quantity, volume, the existing value of the property attached to the soil is damaged;

c) The bases calculate the amount of compensation, support such as the price of land compensation, home prices, compensation works, the number of employees, the number of workers in the age, the number of people with social benefits;

d) The amount of compensation, support;

) Expenses and organizations make compensation, free-to-face release;

e) the deployment of resettlement;

g) The relocation of the Works of the State, of the organization, of the religious establishment, of the residential community;

The relocation of the tomb.

2. Taking an opinion on the compensation method, support, resettlement of regulation at Clause 1 This is done by regulation at paragraph 2 Article 69 of the Land Law and must be listed, taking on the opinion of the contribution of the people in the area recovered at least. Twenty days, from the date of the listing.

What? 29. The separation of the compensation content, support, resettlement of its own project and responsibility for organizing the land recovery, compensation, support, resettlement of the investment project belonging to the ministries, industry and industry.

1. The scale of the scale of soil recovery to implement the investment project, the authority with the authority to approve the investment project may decide to separate the compensation content, support, resettle into its own project, and the organization to implement independently.

2. The Provincial People ' s Committee is responsible for directing the organization of land recovery, compensation, support, resettlement of the investment project of the state-recoverable state of ministries, peer agencies, Government agencies, Economic Group, General Corporation, unit of affairs, and government. It's Central, Central.

3. The ministry, which has an investment project must coordinate with the Provincial People ' s Commission and the Organization for Compensation Duties, the release of the facet in the process of execution; ensuring the funding for compensation, support, resettlement by regulation.

What? 30. Pay compensation, support, resettlement

1. minus the amount of money that has not performed a financial obligation on land on the amount of compensation prescribed at Clause 4 Article 93 of the Land Law is made under the following regulation:

a) The amount that has not yet taken the financial obligation on land including money uses land, land rent must submit to the State but to the time the soil recovery has yet to submit;

b) The amount that has not been made to the financial obligation stipulated at this point a paragraph is determined by the rule of law on the collection of land use; the income of the land, the lease of the water.

Where the money does not take the financial obligation to the time of the decision to recover the land greater than the amount compensated, the household support, the individual continues to be owed the amount of money; if the household, the individual is resettling. After the amount of compensation, the amount of money to be delivered to the land, to buy housing at the resettlement where the amount of money is less than the amount of money that has not been given financial obligation to the household, the individual continues to be debunking the amount of money.

c) The money is compensated to subtract the amount of money that has not yet made the financial obligation to include money compensated for the land, the money compensated for the cost of investing in the remaining land (if any). Excluding the funds compensated for the cost of moving, compensated property damages, compensated due to the cessation of business production and the funds backed into the money that had not yet made financial obligations to the land.

2. For the case of compensation by new land delivery or land delivery, resettlement housing or resettlement housing, if there is a difference in value, that portion of the difference is paid by money by the following regulation:

a) The case of the compensation of the land greater than the land of the land, the housing, or the money that is in the resettlement, the resettlement shall receive the difference.

b) The case for compensation for the land is smaller than the housing, housing, or resettlement housing, and the resettlement of the resettlement must submit the difference, except for the specified case in Clause 1 Article 22 of this decree.

3. The case of a recovering land area is in dispute over the right to use the land unresolved, the compensation, the support for the disputed land area, was transferred to the State Treasury waiting after the state agency had jurisdiction over it. And then pay you the right to use the land.

4. The application of capital to compensate, support, resettlement is done according to the following regulation:

a) The land development fund implementation of the capital for the Organization for the Compensation Mission, the release of clean land funds for land delivery, land lease implementation of the Management of Management, use of the Land Development Fund;

b) The person who was given the land by the State of the Land, gave money to use the land, to lease the land under the rule of the land law, if voluntarily before the expense of reparation, support, resettlement, according to the law, was approved by the state authority. State books return in form except for land use, land rent must be filed. The level that is excluded does not exceed the amount of land use, land rent must submit; the remaining amount (if any) is counted on the investment capital of the project.

In case the State of the State did not collect money using the land, land that would collect money on land, to lease land in accordance with the laws of land that were exempt from the use of the land, land rent, if voluntarily before the reparation, support, Resettlement by the state authority has been approved by the state authority, the funding for compensation, support, resettlement of the capital's capital.

What? 31. The organizational cost of performing compensation, support, resettlement

1. The organization as a compensation mission, the release of the face is responsible for the provision of the cost of the organization to perform compensation, support, resettlement of each project under the following regulation:

a) For the specified expenses, the standard, the order given by the state authority of the regulatory authority, is in accordance with the current regulation;

b) For undefined, standard, single-price expenses, the actual accounting is in accordance with the characteristics of each project and the local practice;

c) The printing of the document, stationing, gasoline, logistics logistics and catering to the management apparatus is calculated according to the actual needs of each project.

2. The guarantee budget for the organization ' s execution of compensation, the release of the face is quoted as no more than 2% of the total compensation, support of the project. For projects done on sites with economic conditions-difficult societies or particularly difficult conditions, the project to build the infrastructure work on the line or case must carry out the control of the test, the organization is delivered to the reparation work. Typically, support, resettlement is set to pay for compensation, support, resettlement of the project according to the actual workload, which does not control the 2% extract.

The agency has the authority to approve the compensation, support, resettlement decision-making organization that performs compensation, support, resettlement of each project by law.

3. The case has to be forced to enforce soil recovery, the Organization for Compensation Duties, the launch of the organization of the organization's budget bill implementing the enforcement of the state agency that has the authority to approve the compensation, support, resettlement of the decision. Oh, The layout of the organization's funding implementation of the recovery process is as follows:

a) For the case of uncollected land use of land, land, land lease, but exempt from the use of land, land rent, this fee is deployed and the accounting capital is invested in the investment capital of the project;

b) For the state case that the return of a clean land fund to deliver, to rent through the form of auction, this fee is applied from the Land Development Fund;

c) For the case of an investor voluntarily compensated for compensation, support, resettlement (in which there is a charge of a forced implementation of the land recoverable), this funding is subtracted from the amount of land use, the land rent must be filed.

4. The Ministry of Finance is guiding the accounting, use, and payment of organizational costs that perform compensation, support, resettlement.

What? 32. Cost of performing compensation, support, resettlement

1. compensation for compensation, support, resettlement: Compensation, support, resettlement to the return land for the implementation of the investment project, the guarantee costs for the organization to perform compensation, support, resettlement, and other expenses.

The identification of compensation, support, resettlement must follow the means of compensation, support, resettlement which has been granted jurisdiction.

2. The compensation fee, support, resettlement when the State recituate the land to implement the projects stipulated as follows:

a) The cost of performing compensation, support, resettlement is charged into the funding of the investment project;

b) The ministry, the industry responsible for ensuring the funding of compensation, support, resettlement on the jurisdiction of the authority to decide the investment of the National Assembly; approved, the investment decision of the Prime Minister but due to the ministry, the implementation and the projects. The ministry of the ministry, the master of the investment;

c) The Provincial People ' s Committee is responsible for ensuring the funding of compensation, support, resettlement of projects under the decision jurisdiction of the Provincial People's Council;

d) A voluntary investment holder for compensation, support, resettlement is responsible for ensuring the cost of making projects that are not defined by the specified case at point b and point c.

Chapter III

THE ORGANIZATION.

What? 33. The responsibility for the organization to perform compensation, support, resettlement of agencies, units in the Central and the Provincial People ' s Committee.

1. The ministries, peer agencies, government agencies, Economic Group, Corporate Corporation, the Central Committee of Public Affairs of the Central Committee whose investment project must recall land that is responsible for directing, the inspection organization, inspection of compensation execution, support and support. aid, resettlement; in coordination with the Provincial People's Committee and the Organization for Compensation Duties, the release of the facet in the organizational process; ensuring the funding for compensation, support, resettlement under the provisions of this decree.

2. The Provincial People ' s Committee is responsible for directing the organization of land recovery, compensation, support, resettlement by regulation at this Decree. Prior to 1 December, the Ministry of Natural Resources and Environment reports on the situation and results made land recovery, compensation, support, local resettlement.

3. The Ministry of Natural Resources and Environment is responsible for directing, organizing, guiding, examining, examining the implementation of compensation, support, resettlement under the regulation at this Decree and addressing the entanglement of the Derivatives Committee. Wake up

What? 34. Processing a number of issues arise when issuing a decree

1. For the land-receding state of the land that the investor was granted permission to receive a transfer of the land to the project by 1 July 2014, the investment funds paid to receive a transfer of land rights. It is excluded from the amount of money that uses the land, the land rent as prescribed by the law prior to July 1, 2014.

2. For the pre-project land on July 1, 2014, the State of the State revoked the land due to the use of non-purpose land, using unproductive land; not taking the land into use 12 months of continuous use or a 24-month slower land use. records in the investment project and has been authorized by the civil rights committee where the land enacted the decision to recover the land, the handling of the land use, the land rent, the property that invested in the land made in accordance with the law of the land before January 1. 7 years 2014; the absence of a decision to recover the land is made in accordance with the stipulation at Section 1 Article 64 of the Land Law.

3. The case has decided to recuperate the land and have a compensation, support, resettlement approved under the rule of the land law prior to 1 July 2014.

4. The case was decided to recuperate the land but there was no compensation, support, resettlement approved before 1 July 2014, following the following regulation:

a) For the project in the case of a land recall of regulation in Article 61 and Article 62 of the Law of Land, the owner eligible for regulation at paragraph 3 Article 58 of the Land Law the Provincial People's Committee allows for the continuation, appraisal, approval of the compensation method. often, support, resettlement under the provisions of the Land Law of 2013;

b) For the project that is not eligible for regulation at this point, the Committee of the People's Committee has the authority to decide on the decision to cancel the decision to recover the land and direct the organization, the individual involved must stop carrying out the project;

c) For the project being authorized by the state agency to allow for the recovery of the land by progress, the State continues to make land recovery over the rest of the land and set up, appraisal, review of compensation, support, resettlement according to the regulations of the state. The Land Act of 2013.

5. For land used before July 1, 2014 which originated as a result of the state for land-paid land taxes once for the entire lease period, the recovered land was not compensated for the land but compensated for the cost of investing in the remaining land. following the regulation of the Digital Protocol 197 /2004/ND-CP December 3, 2004 of the Government on compensation, support and resettlement when the State recituate the land.

What? 35.

1. This decree has been in effect since 1 July 2014.

2. This decree replaces the Digital Protocol 197 /2004/ND-CP December 3, 2004 of the Government on compensation, support and resettlement when the State recituate the land.

What? 36.

Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the People's Committee of the Ministry, the organization and the individual are responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung