Pursuant to the law of the land on November 26, 2003;

Pursuant to Decree No. 25/2008/ND-CP DATED April 3, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;

Pursuant to Decree No. 197/2004/ND-CP dated 3 December 2004 from the Government about compensation, resettlement and assistance when the State revoked the land;

Pursuant to Decree No. 17/2006/ND-CP dated 27 January 2006 by the Government on amendments and supplements to some articles of the Decree guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on the transfer of State-owned companies into joint stock companies;

Pursuant to Decree No. 88/2007/ND-CP dated 25 May 2007, the Government's additional rules regarding certificate of right to use land, land, land use rights, sequence, procedure for compensation, resettlement assistance when the State revoked the land and resolve complaints on land;

Pursuant to Decree No. 69/2009/ND-CP of 13 August 2009 by additional government regulation of land use planning, land prices, compensation, land recovery, support and resettlement;

The Ministry of environmental resources and detailed rules about compensation, resettlement assistance and procedures, procedures for recovery of land, for the land lease as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular detailing some content about compensation, resettlement assistance and procedures, procedures for recovery of land, land rental in the following decrees: 1. Decree No. 197/2004/ND-CP dated 3 December 2004 from the Government about compensation, resettlement and assistance when the State revoked the land (hereinafter the Decree 197/ 2004/NĐ-CP);

2. Decree No. 17/2006/ND-CP dated 27 January 2006 by the Government on amendments and supplements to some articles of the Decree guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on the transfer of State-owned companies into joint stock companies (hereinafter the Decree No. 17/2006/ND-CP);

3. Decree No. 88/2007/ND-CP dated 25 May 2007, the Government's additional rules regarding certificate of right to use land, land, land use rights, sequence, procedure for compensation, resettlement assistance when the State revoked the land and resolve complaints about land (hereinafter the Decree No. 84/2007/ND-CP);

4. Decree No. 69/2009/ND-CP of 13 August 2009 by additional government regulation of land use planning, land prices, compensation, land recovery, support and resettlement (hereinafter the Decree No. 69/2009/ND-CP).

Article 2. Application object 1. State management agencies, specialized agencies about resources and the environment, planning and building, investment, finance and other related agencies; the main local officials in communes, wards and towns.

2. organizations, communities, religious establishments, households and individuals in the country; Vietnam who settled in foreign countries, organizations, foreign individuals are using the land was State land for use in the the purpose of Defense, security, national interests, public interests, economic development (hereinafter referred to as the withdrawn land).

3. organizations and individuals implement investment projects; organizations and other individuals concerned.

Chapter II compensation, RESETTLEMENT and ASSISTANCE 1. COMPENSATION on the GROUND of article 3. Conditions for compensation on the ground conditions to people who use the land compensation of land made under the provisions of paragraphs 1, 2, 3, 4, 5, 7, 9, 10 and 11 article 8 of Decree No. 197/2004/ND-CP and 44, 45 and 46 of Decree No. 88/2007/ND-CP. Some point in paragraph 3 article 8 of Decree No. 197/2004/ND-CP are prescribed specifically the following: 1. the legal papers about inheritance, gifts, for the right to use the land or property associated with land and houses of affection papers associated with the land specified in point c of paragraph 3 article 8 include: a) the inheritance documents prescribed by law;

b) donate papers, home ground of or endorsed by the people's committees of communes, wards and towns (hereinafter referred to as the people's Social Committee) at the time of donation, for;

c) papers House of gratitude is associated with the Agency's land, home delivery organization.

2. Papers on chemical processing, housing prices, buy houses attached to land in VND account specified in point 3 article 8, this case must ensure the following conditions: a) liquidation, Home prices, home goods sold are State-owned. State-owned buildings include: housing takeover from the old regime, home owners, home away home has been established in State ownership; housing created by the State budget investment; the House is created with money derived from the State budget; the House is created by the money according to the method of the State and the people doing the same; the other houses owned by the State.

b) are political subdivisions, agencies, units of the people's armed forces, mass organizations and the liquidation of State enterprises, the housing price goods, sell House attached to the land in the State-owned before 5 July 1994 or papers sold by the housing management professional organization of housing sold under the provisions of Decree No. 61-CP on July 5, 1994 by the Government on trade and business houses.

3. the paper by the competent authority in the former mode, give the person who is to use the land specified in point e article 8 paragraph 3 include: a) By filling out the stock;

b) inscriptions forever piece of real estate (including housing and land) are certified by the Agency in the old regime;

c) texts of house purchase, gifts, inheritance, housing change housing that attached to the land in certified by the Agency in the old regime;

d) wills or similar agreement paper segment housing estate was in the old regime;

DD) license for the construction of housing or the license of legalizing the Agency's architecture in the old regime;

e) judgment of the Court of the old regime was in effect enforced;

g) The papers demonstrate the creation of housing, land in today are the people's committees of provinces and cities under central where the land (hereinafter referred to as the provincial people's Committee).

Article 4. Deducting financial obligations on land have not made The financial obligation deduction on land not yet made on compensation, assists in paragraph 3 article 14 of Decree No. 69/2009/ND-CP are specified as follows: 1. The compensation, support but have not made financial obligations on land for land is revoked, they must deduct on compensation, support (not deducted from the indemnification assets; the money supports the move, relocation assistance, settlement and support production, career transition and support job creation).

2. Financial obligations of land compensation deduction, support includes: land use, land lease for the land lease by the State land use right transfer, tax, tax revenue from the transfer of land use rights, proceeds from sanctions violates the law of the land, the compensation money to the State when the damage in the managers and land use , fees and charges in managed, using the land.

Article 5. Land prices for the calculation of compensation and investment costs on the remaining land 1. Land prices to calculate the compensation stipulated in article 11 of Decree No. 69/2009/ND-CP is price of land according to the purpose are used of soil types is recovered, the provincial people's Committee and regulations published on January 1 of every year.

Case of land prices by the provincial people's Committee announced yet close to the transfer of land use right market practice in normal conditions, the provincial people's Committee delivered to the Agency reassessed the specific land price to the price of land compensation calculated decision accordingly and not restricted by regulations on land framing.

2. The cost of investing in land of rest prescribed in paragraph 3 article 9 of Decree No. 197/2004/ND-CP is the reasonable actual costs that people have invested in land use land use according to purpose are allowed to use that time to recover the land haven't recovered. The cost of investing in land should have the full records, vouchers, proven fact. The cost of investing in land is left to be determined by (=) of the actual costs reasonably calculate the money was invested in land minus (-) to the amount of investment allocated for land use time. The cost of investing in the remaining land, including: a) the land use of the term Money parked in case land leases, land lease was filed before the time limit for land use yet (there is evidence from the bill payer);

b) expenses, costs of leveling the land embellishment was delivered, was hired and in accordance with the land use purpose. Cases of recovery of land that was not about the land compensation claim costs, costs of leveling the land embellishment;

c) other expenses involved.

The provincial people's Committee rules determining the investment cost on the remaining land for the no case records, documents on the cost invested in land in accordance with local practice.

Article 6. Compensation for agricultural land of households, individual compensation for agricultural land of households and individuals comply with the provisions of article 16 of Decree No. 69/2009/ND-CP, some content is specified as follows: 1. Agricultural land be compensated include: annual tree planting soil land, crops, forest land production is planted, aquaculture land, salt land and other agricultural land.

2. for the land has been the competent State agency review of forest planning, special-purpose forests that organizations, households, individuals receive the tending of forests, forest protection, care or afforestation by the State budget capital under a contract of lease, the State land when not being compensated on the ground , only be compensated on the crops on the land. Compensation equivalent to the level of production sharing in accordance with circular No. 80/2003/TTLT/BNN-BTC dated 3 September 2003 of the Ministry of agriculture and rural development and the Ministry of Finance shall guide the implementation of decision No. 178/2001/QD-TTg dated 12 November 2001 from the Prime Minister's rights and benefits , obligations of households and individuals, was delivered, was hired, get stock of the forest and forest land.

Article 7. Compensation for the land in


1. The recovered land in compensation by the delivery of new housing or land relocation or by money according to the value of land use at the time of the decision to revoke the land.

The compensation by the land in resettlement housing, are made when people were recovered in the soil in the cases specified in article 18 of this circular.

2. the land compensation in respect of the same land use rights are stipulated in article 15 of Decree No. 197/2004/ND-CP when the State recover ground that papers on the ground to determine land use rights in each organization, each household, personal, the provincial people's Committee guidelines and compensation Division of the land.

Article 8. Compensation for the land in the corridor safely when there's construction safety protection corridor in damages due to limited land use capability in case the State doesn't recover ground prescribed in clause 2 article 16 of Decree No. 197/2004/ND-CP are specified as follows : 1. in case of changing the land use purpose: a) changing land use from land to non-agricultural land is not land, from the land in to agricultural land, the compensation equal to (=) the difference between the price of land in the non-agricultural land prices (not the land) , between the price of land in the agricultural land prices multiply (x) with an area of changed the purpose of use;

b) changing land use from non-agricultural land (not the land) to agricultural land, the compensation equal to (=) the difference between the price of non-agricultural land (not the land) for nucleus (x) agricultural land with an area of changed the purpose of use.

2. in case of not changing the land use purpose (housing, eligible works exist in safe guard corridors of works) but limit the ability to use the compensation money according to the level of actual damage. Specific compensation levels by the provincial people's Committee decided to suit local realities.

3. When the safe guard corridors works constitute about not over 70% of land use at the House, the work of a master, the land use section land rest also to be compensated according to the provisions in clause 1 and clause 2 of this Thing.

Article 9. Handle the case where the Organization revoked the land but not to compensation provided for in article 17 of Decree No. 197/2004/ND-CP of the Organization's agencies, political subdivisions of the State, the company has a 100% state capital is State lease land does not collect money using the land or land with land use charge , received the transfer of land use right of land use that money, money transfer receipt already paid land use rights are derived from the State budget, the State revoked the land not be compensated on the ground, but compensation costs invested in the remaining land under the provisions of paragraph 2 of article 5 of this circular if the investment costs which do not originate from the budget State. The case must be moved to the new location shall be supported by funds to implement investment projects at new locations are approved by the authority; maximum support level equivalent to the level of compensation for land in the place is revoked.

The Organization revoked the land used this money to pay compensation and investment in new locations under the project has been approved by the authority. If this amount is not used up for projects in the new location, then the remaining amount to be paid into the State budget according to the provisions of the law on the State budget.

Section 2. RESTITUTION of PROPERTY article 10. Handling compensation cases, specific support for home, public compensation cases, specific support for home, the work prescribed in article 20 of Decree No. 197/2004/ND-CP are specified as follows: 1. The House, other buildings are allowed to build according to the provisions of the law on building on the land are eligible to compensation on the ground shall be compensation according to the provisions of article 24 of Decree No. 69/2009/ND-CP.

2. The House, other buildings were not allowed to build in accordance with the law on building but building on land eligible to compensation on the land and built before 1 July 2004 shall be compensated according to the provisions of article 24 of Decree No. 69/2009/ND-CP; If building from July 2004 onwards, the building was not right for the purpose of land use under the provisions of the law shall not be compensated. In special cases, the provincial people's Committee to consider each particular case support to suit local realities.

Article 11. Compensation, home support, works for people who are using state-owned housing compensation, home support, works for people who are using state-owned houses made according to the provisions of article 21 of Decree No. 197/2004/ND-CP and are specified as follows : 1. Clause 1 article 21 provisions on an area of State-owned housing self-regeneration, repair, upgrades are considered legally distributed decision making bodies or land management agency owned by the local water permit.

2. Item 2 article 21 provisions on who are using state-owned houses dismantled is the rent at the place of residence; no case of resettlement housing for the layout is supported with money to take care of new accommodation, the level of support by 60% of the value of the land and 60% of the value of the House is rented; the case has a relocation to the layout that people are using state-owned housing needs no rent shall not supported by money.

Article 12. Compensation for crop, livestock compensation for crops and livestock, made according to the provisions of article 24 of Decree No. 197/2004/ND-CP and are specified as follows: 1. The level of compensation for annual crops with yields value of one (1) harvest. Output value of one (1) harvest is calculated according to the highest productivity in the three (3) years prior to the main plant's adjacent locally according to the forecast average price of agricultural products of the same kind in the locality at the time of withdrawal land.

2. include perennial industrial crops, fruit trees, timber trees, forest trees, leaves the provisions in clause 1 article 2 of Decree No. 74-CP dated 25 October 1993 from the Government detailing the implementation of the law on agricultural land use Tax, when the State revoked are compensated according to the existing values of garden plants This value does not include the value of land use. The existing value of perennial gardens for the calculation of compensation is determined as follows: a) crops are in the investment cycle or are in construction time, the existing value of the grounds is the entire initial investment costs and health care costs up to the time of withdrawal land calculated into money by reviews in the local market;

b) perennial is kind of a harvest times (timber trees) is in the harvest period, the existing values of garden plants is calculated compensation equal to (=) the number of each type of crop (x) with the sale price a (01) the corresponding tree of the same type, same age, same size or the same ability for the product in the local market at the time of compensation minus (-) value currency (if any);

c) perennial is the kind of harvest multiple times (for example, oil crops, fruit, plastic ...) is in the harvest period, the existing values of garden plants is calculated compensation is the selling price in the local market gardens at the time of compensation minus (-) to the recovery value (if any);

d) perennial liquidation period has come, only felling costs compensation to the owners of the grounds.

Initial investment costs, health care costs, the cost of felling this clause be calculated into money according to the level of the local average cost due to the provincial people's Committee of the specific regulations for each type of plant.

3. for crops and forest products grown side on land allocated by the State for forestry households and individuals for planting, farming, protection, regeneration of the forest, which when delivered as bare soil, Bare hills, households, individuals dispose of capital afforestation shall be compensated according to the selling price of forest tree felling in forest gate of the same kind in the locality at the time had the determination plan to recover the ground minus (-) to the recovery value (if any).

Article 13. Handling compensation for State-owned assets using money compensation for State-owned property, the provisions of article 25 of Decree No. 197/2004/ND-CP are specified as follows: Organization revoked land allocated by the State assets management , use the damage and to relocate to a new location, then used the money for compensation of property to invest in new locations as investment projects are approved by the authority. The amount of compensation for the property by the State, paid land rental; If not used up the remaining amount to be remitted to the State budget.

Category 3. Article 14 SUPPORT POLICY. Settlement and support the production of objects, agricultural land area are used to determine the supported settlement and stability of production provided for in article 20 of Decree No. 69/2009/ND-CP are specified as follows: 1. The object is supported settlement and production stable families personal, direct agricultural production and are defined as follows:


a) households, individuals are assigned State agricultural land, the forestry industry when implementing Decree No. 64-CP dated 27 September 1993 by the Government issued A regulation on the allocation of farmland for household, personal use of long-term stability in the the purpose of agricultural production; Decree No. 2-January 15, 1994, CP of the Government issued A regulation on the allocation of land for forestry, household, personal use of stable, long-term forestry purposes; Decree No. 85/1999/ND-CP on August 28, 1999 the Government's amendments and supplements to some articles of the regulation on the allocation of farmland for household, personal use of long-term stability in the the purpose of agricultural production and the allocation of additional land to make salt for household and personal use long-term stability; Decree No. 163/1999/ND-CP dated 16 November 1999 by the Government on the allocation of land, forest land for rental organizations, households, and individuals use stable, long-term forestry purposes; Decree No. 177/2004/ND-CP on October 29, 2004 by the Government on the implementation of the law of the land;

b) demographics in agricultural households defined in point a of this paragraph but arises after the time of delivery of agricultural land for households;

c) households, individuals subject to eligible agricultural land as defined in point a of this paragraph but not yet delivered agricultural land and are used for agriculture by the assignee, inheritance, donation, reclaimed as prescribed by law, be social people's Committee where the land is recovered is confirmed are directly produced on land Agriculture there.

2. An area of farmland that households and individuals are using prescribed in clause 1 article 20 of Decree No. 69/2009/ND-CP comprises a land area of annual crops, perennial crops, soil land allocated to afforestation production, aquaculture land, salt land, agricultural land and is defined as follows : a) for agricultural land has had papers on land use (land use rights certificates, travel documents defined in paragraph 1, 2 and 5 to article 50 of the law of the land), then determine the land record on paper;

b) for agricultural land does not have papers on land use but is expressed in agricultural land delivery approach when implementing the provisions of art. 1 of this article, the agricultural land area is determined according to the scheme;

c) for undocumented agricultural land, land allocation schemes specified in point a and point b of this clause shall determine according to the current state of practice is used.

3. When the State revoked the land of economic organizations, households registered business manufacturing business which stopped production, the maximum supported by 30% of one (01) year income after tax, according to the level of the average income of the three (3) years previous adjacent. Income after tax is determined based on the financial statements have been audited or are approved by tax authorities; the case has not been audited or have not yet been approved by the tax authority shall determine the after tax income is based on the following income tax due to the unit declared in the financial statement, reported results last business activities each year sent the tax authorities.

Article 15. Define residential areas to support for agricultural land in residential area 1. Settlement in the town, the rural residential area specified in clause 1 and clause 2 of article 21 of Decree 69/2009/ND-CP is determined according to the boundary of the land plots there are houses of the village, a hamlet, Hamlet, wholesale, phum, care and the settlement similar.

2. provincial people's Committee based on the actual local situation specific provisions the determination of the boundary of the outer housing land plots provided for in paragraph 1 of this article.

Article 16. Career transition assistance and job creation supporting career transition and job creation is made according to the provisions of article 22 of Decree No. 69/2009/ND-CP and are specified as follows: 1. Households, individuals subject to the provisions of paragraph 1 of article 14 of this circular which is recovered for agriculture but not in the cases specified in item 1 and item 2 article 21 of Decree No. 69/2009/ND-CP of the career transition assistance and job creation.

2. The application form of the career transition and support job creation by a (01) capacity of the land in or one (1) or an apartment (01) capacity of production land, non-agricultural business is only done once when the following conditions: a) households, individuals in need receive assistance in land productivity or apartment or land production capacity , non-agricultural business;

b) conditional on local land fund in the Housing Fund;

c) support career transition and job creation as defined in art. 1 Article 22 of Decree No. 69/2009/ND-CP must be equal to or greater than the value of one (01) capacity of the land in or one (1) flat or a value (01) capacity of production land, non-agricultural business.

3. The opinions of the withdrawn agricultural land on training, career transition is made at the same time when opinions about compensation, resettlement and assistance. Form opinions as the comments about compensation, resettlement and assistance specified in clause 2 article 30 of Decree No. 69/2009/ND-CP.

Article 17. Support the people who are not tenants in State-owned support who are tenants of State-owned non-prescribed in article 30 of Decree No. 197/2004/ND-CP are specified as follows: household, personal lease are not state-owned, when the State revoked land should move the supported migration costs under in clause 1 and clause 4 Article 18 of Decree No. 69/2009/ND-CP.

Item 4. The RESETTLEMENT of 18 Thing. The case was assigned the resettlement of households and individuals, while the State land in resettlement arrangement shall be in the following cases: 1. Households, individuals have to move due to the recovered most of the land in which no other accommodation in the locality Ward, the town where the land is recovered (except households, individuals have no need of resettlement).

2. Households, individuals recovered ground that part of the land in the rest after the withdrawal are not eligible to stay under the provisions of the provincial people's Committee, which has no place in any other locality, wards and towns where land has been revoked.

3. Households, individuals use land in set in the secure concourse when construction of public works has safety protection corridor to move without any other accommodation in commune, Ward, the town where the land is recovered.

4. in the case of households have many generations (many couples) live together separate eligible households or have multiple households shared right to use one (1) land plots in the was revoked, the provincial people's Committee based on the actual local conditions to the provisions of the land , an area of housing to resettlement arrangement.

Article 19. The layout of resettlement resettlement deployment made under the provisions of article 34 of Decree No. 197/2004/ND-CP and are specified as follows: 1. Publicly resettlement arrangement scheme; the project had the resettlement of households, individuals be resettled was viewed where resettlement is expected before moving to.

2. Land prices computer collect money using the land in the place of resettlement by the provincial people's Committee decision under the provisions of the Government about the method of determining the price of the land and the land price bracket. Sale price of home relocation by the provincial people's Committee decided on the basis of the capacity of the housing investment and the local reality. The price for the rental by the provincial people's Committee decided for the match with the local reality.

Households, individuals assigned land, buying a home, rent in resettlement places must pay land use money to buy houses, the rent in accordance with the law and be deducted from the compensation money, support; If any difference then make payments using money that spreads in part according to the regulation, except in cases of resettlement assistance prescribed in clause 1 article 19 of Decree No. 69/2009/ND-CP.

Section 5. IMPLEMENTATION of COMPENSATION and RESETTLEMENT ASSISTANCE, article 20. The overall approach on compensation, resettlement and assistance 1. The overall approach on compensation, resettlement and assistance is a content of the project by the investor established and approved together with the approval of investment projects; the case project is not the State Agency has the authority to approve or not the certificate of the Investment Committee at district level where land have the responsibility to consider and approve of the overall approach on compensation, assistance and resettlement. The Organization in charge of compensation, clearance help investors set up the overall approach on compensation, assistance and resettlement.

2. overall approach content about compensation, resettlement and assistance include: a) an area of expected recovery of soils;

b) total human use of land in the area is expected to revoke land;

c) expected the amount of compensation, support;

d) the arrangement of resettlement (arrival of the needs, location, relocation forms);

DD) estimated time and plan on moving, handover of premises.

Article 21. The separation of content, support and resettlement into separate subprojects the separation indemnity content, support and resettlement into separate subprojects and implementation independence is made according to the provisions in clause 1 Article 33 of Decree No. 69/2009/ND-CP and are specified as follows : 1. time to split the contents of compensation, resettlement and assistance into private projects is time of approval or review of investment projects.

2. the compensation projects, support and resettlement after approval is done independently but must make sure the requirements on the progress of the project.

Article 22. Evaluation and authorization approval for compensation, resettlement and supporting the evaluation and approval of the compensation, resettlement and assistance are made according to the provisions of article 30 and article 31 of Decree No. 69/2009/ND-CP, some content is specified as follows : 1. Organize duty compensation, clearance established claim, support and resettlement, including:


a) compensation, resettlement and assistance was complete as stipulated in paragraph 3 article 30 of Decree No. 69/2009/ND-CP;

b) A synthesis of opinions of people who have recovered ground.

2. Claim, support and resettlement provisions in paragraph 1 of this article sent to the Department of natural resources and the environment for the recovery of land cases involved two (2) the County, district, town, city in the province; sent to the room environment and resources for recovery of land within one (1)-level administrative units.

3. content evaluators include: a) the name, address of the recovered land;

b) area, soil type, location, origin of the land recovered; the number, volume, percentage of quality of the rest of the damaged property;

c) bases the calculation of the compensation money, support as the price of land compensation calculation, price, works the count, number of demographics, compensation of aged workers, the number of people who are entitled to social assistance;

d) the amount of compensation, support;

DD) the arrangement of resettlement;

e) relocation of works of the State, of institutions, religious establishments, residential community;

g) The tomb.

4. Funding and compensation evaluation, support and resettlement of project used from budget expenses implementation of compensation, resettlement and assistance when the State revoked the land according to the provisions of article 26 of Decree No. 69/2009/ND-CP.

5. Based on the fact and the nature and scale of the project, the provincial people's Committee may be authorised to approve compensation, resettlement and support for district-level people's committees, to ensure the compensation, resettlement and support is fast and efficient.

Article 23. Hiring made the claim service, the hiring organization, business functions to perform the service on compensation, the clearance specified in paragraph 3 article 25 of Decree No. 69/2009/ND-CP is done as follows: 1. The claim service clearance, including: a) measurement, mapping the status quo; abstract map, extract stars record (cases not have maps or maps have been fluctuations are no longer consistent with the current state of the excerpt measured, making land plots);

b) plans about compensation, resettlement assistance;

c) prepare and implement construction project resettlement;

d) other services about compensation, resettlement and assistance.

2. where the establishment of the Council for compensation, resettlement and support at district level, the hiring organization, business functions to perform services on compensation, clearance made by the following regulations: a) the Council for compensation, resettlement and support at district level have suggested text-level people's committees decided the enterprise rental the Organization, which functions to perform services on compensation, clearance;

b) enterprise, organizations can function to perform services on compensation, clearance must be eligible under the provisions of the law.

Item 6. COSTS for IMPLEMENTATION SUPPORT, COMPENSATION, RELOCATION and COERCIVE LAND article 24. Cost estimates for the implementation of the compensation, resettlement, and support the work of coercive land 1. Cost estimates for the implementation of the compensation, resettlement and assistance by duty compensation, clearance created include the following: a) spent on propaganda, the popular decision to revoke the land and the regulations of the law on compensation when the State revoked the land; advocacy organization the objects made the decision to revoke the land and survey, investigate social, economic situation, about the status of land, assets in the scope of the project;

b) expenses to inventory, assess land, real property damage include: declarations, guide the victims Declaration; measurement of land, inventory of the number and value of homes, architectural treasures, coloring and other properties damaged when the State revoked the land of each organization, household, personal; check the contrast between declarations with the inventory results, determine the extent of the damage to each object recovered specific land; calculate the value of damage on land, buildings, plant architecture, color and other properties;

 c) Spent for compensation, resettlement and assistance include: the establishment of the compensation from the initially calculated the target claim approval, compensation, listed support, compensation and resettlement;

d) spent on the evaluation support, compensation and resettlement;

DD) test, tutorial implementing rules on compensation, to resolve the problems in the work of the Organization and compensation made to pay compensation;

e) office equipment and work of the Organization in charge of compensation, clearance and Evaluation Agency (if applicable);

g) spent on printing and stationery;

h) costs salary, social insurance for hiring workers to perform compensation, resettlement and assistance;

I) other expenses directly related to the implementation of compensation, assistance and resettlement.

2. The Agency has the authority to approve compensation made approval of estimation and funding decisions organizations make compensation, resettlement assistance, as defined in clause 2 Article 26 of Decree No. 69/2009/ND-CP.

3. where must perform coercive land organizations in charge of compensation, clearance of estimating cost of coercive implementation organization the Agency has the authority to approve compensation, resettlement and support decisions. Funding to implement coercive land be included in investment capital for the project.

4. the celebrated duty compensation, clearance can cost organizations advance implementation of the compensation, resettlement and assistance to accomplish the mission assigned. The settlement funding organizations make compensation, resettlement and assistance made under the provisions of the law.

Chapter III the order and PROCEDURE of WITHDRAWAL land, LAND RENTAL article 25. sequence, perform procedures to revoke land, land rental order procedures for recovery of land, land rental is made according to the provisions in articles 29, 30 and 31 of Decree No. 69/2009/ND-CP; some of the content is specified in articles 26, 27, 28 and 29 of this circular.

Article 26. Notice of withdrawal land 1. Based on the results of processing records about investment, the provincial people's Committee or the people's committees at district level (as delegated) reported recovery of the land; in the notice of withdrawal land must show the following: a) The content of the provisions in paragraph 2 to article 29 of Decree No. 69/2009/ND-CP;

b) assigned to the duty to indemnify, the clearance to make compensation, resettlement and assistance;

c) allowing investors conducted survey, set up investment projects.

2. Notice of withdrawal land of the provincial people's Committee or the district level is the legal base to organize duty compensation, clearance and investors make the content as specified in point b and point c of paragraph 1 of this article.

Article 27. Content assessment, confirmation of land use needs the evaluation, verification of the land use needs prescribed in clause 2 article 27 of Decree No. 69/2009/ND-CP are specified as follows: 1. The content of land use needs assessment for investment projects: a) the evaluation of the conformity with the land use planning land use planning has been the competent State agencies review; case of land use planning or land use plan approved, the assessment of conformity with the planning urban construction or planning of rural settlement construction had been authorized State agencies.

b) reviews land use requirements of the project according to the current rules on standards and norms of use of land. For this type of project does not yet have regulations on the standards and norms used the assessment agency land base on the scale, the nature of the project and the ability to meet about local land funds for evaluation.

2. content confirmation of land use needs for cases not set investment project implementation as defined in art. 1 of this article and ask about the area of land use, land-use and the ability to meet about local land funds.

Article 28. Land records, land rental 1. The organization please, leasing land to implement investment projects must prepare and submit two (2) for the Department of natural resources and the environment, including: a) text (single) suggested the land or rent land;

b) investment projects have been approved or approved;

The case of the project exploration, mining, building materials, ceramics, they must have a permit of the competent State agencies as prescribed by law.

Please land case to use on defense purposes, security does not have to submit investment projects but must submit excerpts why the investment decisions of national defense construction, security of competent State agencies including the content related to the use of the land or the decision approving the planning the location of the Department of Defense , Ministry of public security;

c) excerpts or extract land cadastral measurement;

d) compensation, resettlement and assistance were appraised; case of compensation, assistance and relocation approval jurisdiction of provincial people's committees of the appraisal support, compensation and resettlement was conducted together with the evaluation of records, land rental.

The Department of natural resources and the environment appraisal of records, land rental to the provincial people's Committee decision.

2. With regard to the case of land, the land under the jurisdiction of the people's Committee of the district level then the land rental, please prepare and submit two (2) the Ministry for natural resources and environment, the records include: a) the application for the land, and land rent;

b) certificate of land use needs of the social people's Committee;

c) excerpts or extract land cadastral measurement;

d) compensation, assistance and resettlement.


Resource room and the environment appraisal of records, land lease, together with the evaluation, compensation and resettlement assistance to the district level people's Committee decision.

Article 29. Regulations on handing land 1. Upon indemnification, assistance, resettlement, the layout has recovered land have the responsibility to submit original papers on land use, papers on property ownership associated with soil (if any) for the Organization in charge of compensation, clearance to transfer to the Agency of natural resources and the environment the recovery procedures modify, or certificate for the land has not been revoked.

2. Within a period of not more than twenty (20) days from the date of payment of the compensation money is finished, the support person has recovered ground to hand over land to the Organization in charge of compensation, clearance.

The transfer of land between the organizations in charge of compensation, clearance and who have recovered land is established thereon and have confirmation of the people's Committee of social level where land has been revoked. The case of recipients of compensation authorize others to receive compensation must be authorized under the provisions of the law.

Chapter IV IMPLEMENTATION article 30. Terms of implementation 1. This circular effect since 16 November 2009.

2. This circular replaces the following circulars: a) Circular No. 116/2004/TT-BTC on December 7, 2004 by the Ministry of Finance shall guide the implementation of Decree No. 197/2004/ND-CP dated 3 December 2004 from the Government about compensation, resettlement and assistance when the State revoked the land;

b) Circular No. 69/2006/TT-BTC dated August 2, 2006 of Ministry of finance amend, complement the circular No. 116/2004/TT-BTC on December 7, 2004 instructions made the Decree No. 197/2004/ND-CP dated 3 December 2004 from the Government about compensation, resettlement and assistance when the State revoked the land.

3. Abolition of Part VII and Part IX of circular No. 14/2008/TTLT/BTC-BTNMT December 31, 01, 2008 of the Ministry of finance and the Ministry of natural resources and environment guides make a number of articles of Decree No. 88/2007/ND-CP dated 25 May 2007, the Government's additional rules regarding certificate of land use , land, land use rights, sequence, procedure for compensation, resettlement assistance when the State revoked the land and settle claims on land.

4. The responsibility of the provincial people's Committee: a) specific provisions regarding coordination mechanisms, providing information between the Agency and environmental resources, investment plan, construction, finance and other related agencies, district-level people's Committee, the people's Committee in implementing the township level of compensation support, relocation; the order of withdrawal land, land rental to make administrative reforms under the "one-door" mechanism;

b) specifies the time work steps in the implementation of the procedure of withdrawal land, land rental to suit the land withdrawal notice period specified in paragraph 2 to article 39 of the law of the land;

c) established land fund development organization; the local case already has task organizations compensation, clearance that is not organizations developed the Land Fund shall convert the land fund development organization.

5. the General Director of the Bureau of land management is responsible for guiding, inspecting, urging implementation of this circular.

In the process of implementation of the circular if there are problems, people's committees of provinces and cities under central reflect timely for the Ministry of natural resources and the environment to guide resolution./.