CIRCULAR detailed provisions about compensation, resettlement assistance when the State revoked the land _ _ _ _ _ _ _ _ _ _ _ pursuant to the law of the land on November 29, 2013;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to Decree No. 47/2014/ND-CP on May 15, 2014 of government regulations about compensation, resettlement assistance when the State revoked the land;
At the suggestion of the General Director of the Bureau of land management and the Director of the legislation, the Minister of natural resources and the environment issued circulars stipulated details about compensation, resettlement assistance when the State revoked the land.
Chapter I GENERAL PROVISIONS article 1. Scope this circular detailing some content about compensation, resettlement assistance when the State revoked the land.
Article 2. Application object 1. The Agency performs the functions of State management on land; professional body of resources and the environment; the Organization in charge of compensation, clearance.
2. The use of land under the provisions of article 5 of the law of the land as State land.
3. organizations and individuals related to the compensation, resettlement assistance when the State revoked the land.
Chapter II DETAILED RULES SOME CONTENT ABOUT compensation, resettlement ASSISTANCE when the STATE REVOKED the LAND article 3. Determine the costs of investment in land left the determination of the cost of investing in land of rest prescribed in article 3 of Decree No. 47/2014/ND-CP on May 15, 2014 of government regulations about compensation, resettlement assistance when the State revoked the land (hereinafter the Decree 47/2014/ND-CP) comply with the following provisions : 1. Records, vouchers invested in proving ground just as a base to prove about the use of land was invested in land.
2. Records, vouchers invested in proving ground includes the following papers: a) text, lease, lease leveling, embellish the land for land is State or renting, renovating the soil, prevent erosion, erosion prevention, construction, reinforced soils make production business;
b) text, the liquidation of the contract; invoice, payment vouchers for each account costs invested in the land defined in point a of this Paragraph;
c) text, other contracts related to the investment on the land are established at the time of investment.
3. Who are the land withdrawal does not have one of the documents stipulated in clause 2 of this Thing but the fact there was invested in land, the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) based on specific local situation the decision determining the costs of investment in land.
4. The formula costs invested in the remaining land specified in paragraph 4 of article 3 of Decree No. 47/2014/NĐ-CP dated as follows: a) The valuation of the investment costs on the remaining land are based on unit price, technical-economic norms by the competent State Agency regulations;
b) for investment costs on the ground that the investment made in many times, for many years, when determining the costs of investing in the remaining land be incremental costs of all times, the same year.
Article 4. Resettlement on land plots of land remaining in the House when the State revoked the land transfer purpose use from agricultural land to land in resettlement in the case of land plots are being recovered is also an area of agricultural land is not recognized in clause 5 article 6 of Decree No. 47/2014/ND-CP is done according the following rules: 1. The transfer of the purpose of use from agricultural land to land in resettlement in the case of land plots are being recovered is also an area of agricultural land is not recognized in only made when the rest of the land plots withdrawal to qualify as separate plots as specified by the provincial people's Committee where there is land recovered.
2. in case the rest of the housing land plots is revoked is not eligible to be split plots as specified by the provincial people's Committee where there is land recovery, the competent State authorities decided to revoke the land use or continued use of the land remains under planning land use plans.
3. Funding for compensation, resettlement, assistance for the land remaining in the land plots are not eligible are allowed to split plots when the State revoked land should be made in compensation, resettlement assistance.
Article 5. Define an area of agricultural land to support settlement when the State revoked the land 1. Agricultural land area recovered to support settlement stipulated in point b of paragraph 3 article 19 of Decree No. 47/2014/ND-CP is determined by the decision to revoke the land of the people's Committee of the authority, not incremental agricultural land area has recovered of the decision to revoke the land before that.
2. agricultural land area supported settlement specified in point a of paragraph 3 article 19 of Decree No. 47/2014/ND-CP is an area of agricultural land due to households, individuals are using within the communes, wards and towns where land recovered at the time of the decision to revoke the land , including: a) native agricultural land by the State delivered to households and individuals, direct agricultural production 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. 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; forest land allocation when implementing Decree No. 12/CP on October 15, 01, 1994 the Government issued A regulation on the allocation of land for forestry, household, personal use of stable, long-term forestry purposes; 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) agricultural land due to households, individuals are using that households and individuals that qualify object allocated farmland under the provisions of the law of the land but not yet delivered agricultural land and are used for agriculture by the assignee, inheritance , was awarded for reclaiming, under the provisions of the law, are the people's committees of communes, wards and towns (hereinafter referred to as the people's Social Committee) where the land withdrawal confirmed is being produced directly on agricultural land;
c) agricultural land due to households and individuals to deliver land of agricultural, forestry and State schools for use in agriculture, forestry, aquaculture (does not include special-purpose forest land, forest protective), when the State revoked that the direct object in the agriculture, forestry and have stable sources of income from agricultural production on that land.

3. in case of households, individuals use the land specified in clause 2 of this recovered less than 30% of the agricultural land area are using that revocation affects soil life, produce of the land, the Chairman of the provincial people's Committee to base the actual situation at the local decided to support other measures stipulated in article 25 of the Convention 47/2014/NĐ-CP dated accordingly.
Article 6. Compensation, while State support for agriculture by officers, civil servants, public employees (working or retired, the break lost labour power, quitting support) are land use 1. Public servants (working or retired, the break lost labour power, quitting support) not subject to the provisions in article 19 paragraph 1 d of Decree No. 47/2014/ND-CP but are used for agriculture due to receiving the transfer of agricultural land use in accordance with the law , when the State revoked the land shall be compensated on the ground but did not support the settlement and production, not the training support, career transition and job search.
2. Households with demographics as public servants (working or retired, the break lost labour power, quitting support) recently have demographics is not the public servants but are using agricultural land into agricultural production purposes, when the State agricultural land of households that officer is not demographics public servants supported settlement and production; supported training, career transition and job search. The provincial people's Committee based on the specific conditions at the local level to support regulations accordingly.
Article 7. The papers identify about has paid for land use for the land case was delivered not true authority before 1 July 2004 1. The determination has paid for the Agency, held to be land use for ground deliveries not true authority before 1 July 2004 the provisions of article 11 of Decree No. 47/2014/ND-CP is based on one of the following papers: a) receipts slip, invoice, collect money to be used or land compensation under decision No 186/dated May 31, 1990 of the Council of Ministers regarding the compensation of agricultural land, land of forests when converted to other purposes;
b) receipts, receipts, invoices collect money according to the regulations of the Ministry of finance at the time of collecting the money;
c) receipts, receipts, invoices or other paperwork due to the people's Committee of social agency, organization or delivery of incorrect land authority established at the time of collecting the money;
d) cash receipt papers of the people's Committee of social, cooperative or of the Agency, held land vires was the organ of the Organization, (or representative) for households and individuals at the time of collecting the money.
2. where land was allocated vires and who was given the land has paid for that land use only papers stored at the Agency, the Organization was collecting money or other relevant organization, then the Organization, agencies are kept papers which have the responsibility to provide papers are kept for the Organization in charge of compensation , or clearance for the use of land to the Organization in charge of compensation, complete clearance compensation, resettlement assistance.
Article 8. The separation of content support, compensation, relocation to a minor private project content separate compensation, resettlement, assistance to a minor project and implementation independence is made according to the provisions of paragraph 1 Article 28 of Decree No. 47/2014/ND-CP and are specified as follows : 1. time to split the contents of compensation, resettlement assistance, a minor project is the time of the approval or review of investment projects.
2. the compensation projects, support, relocation after the competent State agency approval is done independently but must make sure the requirements on the progress of the project investment.
Article 9. The assessment of compensation policy framework, support, resettlement of The interrogation policy framework on compensation, resettlement assistance (hereinafter the policy framework) the provisions in paragraph 2 of article 17 of Decree 47/2014/ND-CP is done according to the following rules: 1. Before submitting the prime consideration of the Policy Framework decision The Ministry of industry, investment project responsibility to send to the Ministry of natural resources policy framework and environment to verify it. The profile includes the following principal documents: a) the suggested text verification policy framework;
b) Draft Documents the Prime;
c) draft policy framework;
d) decision, approved the investment policy of the competent State bodies.
2. Within a period of not more than 30 days from the date of the application under the regulations, the Ministry of natural resources and the environment of the opinion survey in writing addressed to the Ministry of industry, investment projects.
Article 10. Content compensation, resettlement, supported by the Ministry of industry, investment, project appraisal and approval of the compensation, resettlement, supported by the Ministry of industry has set up investment projects, due diligence and regulatory approval in paragraph 3 article 17 of Decree No. 47/2014/ND-CP comprises the following principal contents : 1. An area of each type of land expected recovery.
2. Expected number of organizations, households, individuals use land in the land withdrawal area.
3. Expected amount of compensation, resettlement assistance.
4. Expected location, land area of resettlement or relocation housing, resettlement method.
5. the estimated costs and funding sources make compensation, resettlement assistance.
6. Projected progress made, compensation, resettlement assistance.
7. Estimated time and plan on moving, handover of premises for the project.
Compensation, resettlement assistance must demonstrate the above mentioned content for the entire project and detail to each local (if any). The case revoked the land investment projects that are building the resettlement areas, the focus of the content of the provisions of this Article must include the recovery of land area to build resettlement focus.
Article 11. The move works attached to the soil by organizations, communities, religious establishments are managed using when the State revoked the land grant people's Committee has the authority to revoke the land where there is land recovery are responsible for announcing the time, the progress of recovery of land for the Organization , community, religious establishments are managed using the process know to move to other locations; the time to announce the move works concurrently with the time of land withdrawal notice. Who is managing use of works is responsible for moving the process, delivered by progress.
Article 12. Handle the case the Organization revoked the land but not the excesses of the land 1. When the State revoked the land of organizations that suffer damage to property by the State affairs management used; to relocate to a new base, then used the money for compensation of property to invest in new facilities according to investment projects are approved by the authority.

2. The organization was entrusted with collecting land use land rent money paid land rent for the whole period for which the land use money land lease was filed is shocked from the State budget; organized by the State land does not collect money for land use, land lease and land rent paid annually when the State revoked the land not be compensated on the ground. The case of the Organization to relocate to a new facility shall be supported by funds under investment projects are approved by the authority; the level of support must not exceed the level of compensation of land for land recovery and by the Organization, the individual is State land, land rental payment.
Article 13. Evaluation of compensation, resettlement assistance, Department of natural resources and the environment, natural resources and environment is responsible for chairing, in cooperation with relevant agencies perform due diligence support, compensation, resettlement before the Committee the same level for approval.
Chapter III article 14 ENFORCEMENT TERMS. Transitional provisions 1. As for the investment project has decided to revoke the approval decision and land compensation, resettlement, assistance of competent State agencies but before 1 July 2014 have not made to pay compensation, then compensation processing is slow to follow the provisions of the law on land before 1 July 2014.
2. With regard to the investment project has been approved by the Prime Minister's policy framework for compensation, resettlement assistance, but on July 1, 2014, compensation, resettlement support for the project has not been approved by the Ministry of industry, the investment project is responsible for reviewing compensation plans support, resettlement of the Prime Minister's decision.
Article 15. Effective enforcement of this circular effect since August 13, 2014.
Article 16. Responsible for implementation, ministerial-level agencies, government agencies; The people's committees of provinces and cities under central responsible institutions, implementation of this circular.
In the process, if there are difficulties and obstacles, the proposal reflects on Ministry of natural resources and the environment to review the decision.