The DECREE of the GOVERNMENT About compensation, resettlement and assistance when the State revoked the land base GOVERNMENT Government Organization Law on December 25, 2001;
Pursuant to the law of the land on November 26, 2003;
According to the recommendation of the Minister of finance DECREE: chapter I General provisions article 1. Scope 1. This Decree the provisions on compensation, resettlement and assistance when the State revoked the land to use for defense purposes, security, national interests, public interests, economic development purposes provided for in Article 36 of Decree 181/2004/ND-CP on October 29, 2004 by the Government on the implementation of the law of the land.
2. for projects using funds official development assistance (ODA), if the compensation and resettlement assistance, at the request of donors with the provisions of this Decree shall before signing international treaties, governing body of investment projects must report the Prime review decision.
The case of the international treaties to which Vietnam has signed or joined other provisions with the provisions of this Decree shall apply according to the provisions of international treaties.
3. cases not under the scope of this Decree: a) residential community construction, embellishment works serve the general interests of the community by funding contributed by the people or the State support;
b) when the State revoked the land does not belong to the scope defined in paragraph 1 of this article.
Article 2. Application object 1. Organizations, communities, religious establishments, households, individuals, Vietnam people settled abroad, foreign individuals, organizations are using land State land (hereinafter referred to as the withdrawn land).
2. The recovered land, property damage associated with the land is recovered, are the property of land, compensation, assistance and resettlement arrangement prescribed in this Decree.
3. the State encourages people to have the land, the property belonging to the scope of withdrawal land to use to the purposes specified in paragraph 1 of article 1 of this decree unconstitutional, voluntarily donate a portion or the whole of the land, the property for the State.
Article 3. Pay compensation, resettlement and assistance 1. State organizations make the compensation, resettlement assistance and clearance: a) is the State organization assigns do not collect money using the land compensation, resettlement assistance and funding organizations make compensation, resettlement, assistance under the provisions of this Decree shall be calculated on the investment of the project;
b) Organization, individual State land had been collecting money for land use, land rental is responsible to pay before compensation, resettlement assistance and funding organizations make compensation, resettlement and assistance under the provisions of this Decree and are deducted from the proceeds of land use land rents payable;
c) Organization, foreign individuals, Vietnam people settled in foreign countries investing in Vietnam, does not have to pay compensation to support resettlement; the case has been paid shall be deducted the amount paid on the money using the land or land rent.
2. the compensation costs, support and resettlement to be identified as a separate item in the total investment of the project.
Article 4. Resettlement of People when the State land use land under the provisions of this Decree, which must then move the layout of resettlement by one of the following forms: 1. Compensation by housing. 2. Compensation by new ground in communication.
3. Compensation by the money to take care of new accommodation.
Article 5. Compensation, compensation support, support for the use of land when the State revoked the land under the provisions of this Decree shall be as follows: 1. Compensation or support for the entire land area of the State.
2. Compensation or support of existing assets attached to land and the costs of investment in land recovery state.
3. move support, settlement assistance, vocational conversion training support and other assistance for the recovered land.
4. support to stabilize production and livelihood in resettlement areas.
Chapter II article 6 land compensation. The compensation guidelines 1. State land who were eligible as defined in article 8 of this Decree shall be compensated; the case is not eligible to be compensated, the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) considered for support.
2. The recovered land are used on purpose would then be compensated by the delivery of new land has the same purpose use, if there is no ground to claim compensation shall be equal to the value of land use at the time of the revocation decision; the case compensated by the delivery of new land or home, if there is disparity in the value then the difference it made payment in money.
3. in case of the use of land is compensated when the State recover ground that has not made a financial obligation on the land for the State under the provisions of the law must then subtract funds must make financial obligations on the amount of compensation, the support to repay the State budget.
Article 7. The case of withdrawal land without compensation 1. The use of land not eligible under the provisions of article 8 of this Decree.
2. State land organization does not collect money using the land, the State land charge land use land use money that is derived from the State budget; State land lease revenues land lease annually; the land the assignee the right to use land that money paid to the assignee the right to use the land derived from the State budget.
3. The land is recovered in one of the cases specified in paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 Article 38 Land Law 2003.
The handling of money or land use, land lease, the property has invested over land for land is revoked the provisions in this paragraph are made according to the provisions in paragraph 3 Article 34 and article 35 of Decree 181/2004/ND-CP on October 29, 2004 by the Government on the implementation of the law of the land.
4. Agricultural land to residential use by the community.
5. Agricultural land use on the public purpose of the communes, wards and towns.
6. Who were the State revoke the land with one of the conditions stipulated in article 8 of this Decree, but in one of the cases provided for in paragraph 1, 2, 3, 4 and 5 of this Article.
Article 8. Conditions for land compensation Who was State land, has one of the following conditions shall be compensated for: 1. the land use right certificate under the provisions of the law of the land.
2. decisions of competent State agencies under the provisions of the law of the land.
3. Households, individuals are using ground stability, are the people's committees of communes, wards and towns (hereinafter referred to as the people's Social Committee) confirmed there is no dispute that has one of the following papers: a) The papers of the right to use the land before October 15, 1993 by the competent bodies in the process of policy the land of the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam and the State of the Socialist Republic of Vietnam;
b) certificate of temporary land use rights are State agencies or authorities in the land registry, the address book main;
c) legal papers about inheritance, gifts, for the right to use the land or assets associated with the land; houses of affection papers associated with the land;

d) papers land use right transfer, buy sell House attached to the land in front of 15 October 1993, the Committee was granted the town the land use is confirmed before September 15, 1993;
DD) papers on chemical processing, housing prices, buy houses attached to the land in accordance with the law;
e) papers by the competent bodies in the old regime for the use of land.
4. Households, individuals are using the land with one of the documents stipulated in paragraph 3 of this article which on paper that records the names of the others, accompanied by papers on the transfer of land use rights are signed by the parties involved, but to the time of the decision to revoke the land not yet implemented procedures to transfer land use rights under the provisions of the law today's people's Committee, social validation is not the land dispute.
5. Households, individuals are using land has permanent residence in local and direct agricultural production, forestry, aquaculture, the salt in the region there are social-economic conditions difficult in the mountains, Islands, today are the people's committees of communes where the land level that people have stable land use , there is no dispute.
6. Households, individuals are using land without papers to the provisions in clause 1, 2, and 3 of this article, but the land has been used stable from before June 15, 1993, today are the people's Social Committee confirm that soil is not disputed.
7. Households, individuals are using the land according to the judgment or the decision of the courts, the decision to enforce the judgment of the Court or enforcement authority decides to solve land disputes of competent State agencies have been executed.
8. Households and individuals using land without papers to the provisions in clause 1, 2, 3 this but the land has been in use since 15 October 1993 to the time of the decision to revoke the land, which at the time of use does not violate the zoning; not violate the protective corridor works, is the approval authority has announced publicly, demarcation; not the illegal encroachment and soil are social people's Committee where the recovered land confirm that land without dispute.
9. Households, individuals are using land that the State had decided to manage the process of land policy of the State, but in fact the State has not yet managed, that households, individuals that remain in use.
10. Communities are using the land there is works, temples, pagodas, shrines, pm, from the Church, they are the people's committees of communes where the land level is recovered to confirm the land use for the community and there is no dispute.
11. land use organizations in the following cases: a) the land is State land use charge delivery that land use money already paid are not derived from the State budget;
b) Land of the assignee of legitimate land uses that money to pay for the transfer with no source from the State budget;
c) Soil use legitimate descent from households and individuals.
Article 9. Land prices for the calculation of compensation and investment costs on the remaining land 1. Land prices for the calculation of compensation is the price the land according to the purpose are used at the time of the decision to revoke the land by the provincial people's Committee announced the prescribed by the Government; not compensated by the price of land will be transferred using purpose.
2. where the implementation of compensation for delay shall be as follows: a) compensation delayed by the Agency, the organization responsible for the excesses that caused the price of the land at the time of restitution by the provincial people's Committee announced the higher land prices at the time of the decision to revoke the compensation price of land at the time of paying compensation; If the price of the land at the time of the lower land price compensation at the time of the decision to revoke the compensation price of land at the time of the revocation decision;
b) compensation delayed by the withdrawn land caused, if the price of the land at the time of the lower land price compensation at the time of the decision to revoke the compensation price of land at the time of compensation; If the price of the land at the time the claim is higher than the price of land at the time of the decision to revoke the compensation price of land at the time a decision is revoked.
3. Investment costs on the remaining land is the real cost of land users have invested in order to use the land use purposes including: prepaid land lease, the cost of leveling and some other costs directly involved have proven base has invested in the land , that by the time the State land was not recovered.
Article 10. Compensation, support for agricultural land of households, individuals 1. Household, personal use of farmland as the State recovered compensation by land with the same purpose of use; If there is no ground to claim shall be the monetary compensation calculated according to the price of land of the same usage purposes specified in paragraph 1 of article 9 of this Decree.
2. Agricultural land interspersed in residential, land with garden pond adjacent to the land in the neighborhood, in addition to compensation according to the price of agricultural land along the purpose of use is also being supported with money; price support from 20% to 50% of the adjacent land; the specific level of support by the provincial people's Committee decided to suit local realities.
3. The case compensated by the delivery of new land land prices are lower than the price the land is recovered, the addition of new land is allocated the land recovered was compensated with money difference value section; the case compensated by the delivery of new soil have higher land prices recovered the land price for compensation corresponding to the value of land use right of the land recovered.
4. individual households is recovered for agriculture are used beyond the limit of compensation is performed as follows: a) the case of the land beyond the limits due to inherited, donated to, the assignee reclaiming self from others, according to the master plan is the State Agency has the authority to approve the compensation;
b) land beyond the limits of the cases do not belong to the provisions in point a of this paragraph shall not be compensated on the ground, only to be the investment cost compensation on the remaining land.
5. Households, individuals are using ground due to deliver land use in agriculture, forestry, aquaculture (does not include special-purpose forest land, forest protective) of the agricultural, forestry and State schools when the State revoked shall not be compensated on the ground, but compensation costs invested in the remaining land and is supported by the following provisions : a) support for household, personal delivery is land officers, staff of the agriculture, state forestry are working or retired, the break lost labor, only the support is direct agriculture, forestry; households, individuals receive securities are directly produced agriculture has its living primarily from agricultural production;
The support level with the highest land prices by the amount of compensation calculated according to the actual land area recovered, but no traffic limit in local agricultural land; the provincial people's Committee decides specific support levels to suit local realities.
b) case of households, individuals receive securities not subject at point a, only to be the investment cost compensation on the remaining land.
c) agricultural land use of forestry, state farm when the State revoked, not land compensation, but compensation costs invested in the remaining land, if this fee is money do not originate from the State budget.

6. Households, individuals use when the State agricultural land agricultural land, which are not eligible for compensation under the provisions of article 8 of this Decree; If the case of households, the direct individual agricultural production has its living is agriculture, the people's Committee of review authority to the new land to fit local conditions.
7. in case of withdrawal land is agricultural land fund of the communes, wards and towns shall not be compensated on the land, the land of the communes, wards, public interest, the investment costs are compensated on the remaining land.
Article 11. Compensation for non-agricultural land (excluding land) of households, individuals 1. Ground floor building the production base of non-agricultural business households, individual native land has been allocated using long-term stability or are eligible to be granted land use right certificates, when the State was compensated by the price of land in. 2. Household, personal non-agricultural land use has a time limit by the assignee, inheritance, was donated to the State or by the delivery charge land use be compensated according to the non-agricultural land prices; land use case by the State or by the Commission of the people's commune jurisdiction rental levels, when the State revoked only to compensation costs invested in the remaining land.
Article 12. Compensation for agricultural land to non-agricultural land, of the Organization 1. Organizations are used for agriculture, non-agricultural land by the State Affairs has paid use of land or the assignee from the land use, land-use that money already paid, the money paid to the assignee the right to use the land does not originate from the State budget shall be compensated when the State revoked the land.
2. State Organization for land or land rental not paid land use or land use has paid with money derived from the State budget shall not be compensated on the ground when the State revoked the land; If the cost of money to invest in the remaining land not originating from the State budget, the cost of this investment money be compensated.
3. The basis of religious organizations are using the stable land, if the land is State Affairs do not collect money using the land or land rental is not compensation, but compensation costs of investment in land.
Article 13. Compensation for land non-agricultural land 1. The use of land in when the State revoked the land that must move to be compensated by land, housing in the resettlement areas or pecuniary compensation as proposed by people who have recovered ground and in accordance with local practice.
2. the land compensation by assigning new land for land is recovered by the highest limits in local affairs; case recovered ground in the greater area of land traffic limit in the provincial people's Committee on local land fund and the demographics of the households is recovered ground, review, decisions more a part of the land area in broken land , but does not exceed the area of the land is recovered.
Article 14. To handle a specific number of cases on the ground at the 1. The case of land in the rest of the people who use the land after the State revoked is under quota delivered in local regulations, the competent State agencies to manuals according to the detailed planning of urban construction and rural settlement planning; If the recovered land that requires the State to revoke part of the remaining land area, the State Agency has the authority to revoke the land for use as detailed planning of urban construction and planning the construction of rural residential point.
2. The use of land in when the State revoked the land which is not subject to land claims, if not left in place would otherwise be granted people's Committee has the authority to consider settling for purchase, lease or land in the new; who are the rent or buy house buying a House, pay the rent, pay the prescribed land use.
Article 15. Land in compensation for those who are Council land use 1. Organizations, households, individuals are using public lands Council land use, when the State was compensated by land area in use; If no papers define the land use right in your own organizations, households, individuals, the General compensation for the objects have the same right to use the land.
2. provincial people's Committee to guide the Division of land in compensation for the right to use the same object locally.
Article 16. Compensation for the land in a safe corridor when building public works has safety protection corridor 1. When the State revoked the land located in the lobby of building safety public works has safety protection corridor, then made reparations, assistance under the provisions of this Decree.
2. in case of non-recovery of ground state land located within a safe corridor be compensation for damage due to limited ability to land use, property damage associated with the land as follows: a) alter the land use purpose shall be compensated by the funds according to the extent of the disparity in the value of land use;
b) do not alter the land use purpose, but limit the use of land shall be compensated by the funds according to the level of actual damage. The level of compensation of actual damage caused by the provincial people's Committee rules as appropriate for each specific case;
c) housing, other buildings and other properties located within a safe corridor be damage due to relief shall be compensated according to the level of actual damage.
Article 17. Handle the case where the Organization revoked the land but not to compensation the Organization revoked the land without compensation according to the provisions in paragraph 2 of article 12 of this Decree; If have 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 land withdrawn by the Organization, the individual is State land, land rental payment.
Chapter III compensation of property Article 18. The principle of compensation of property 1. The owner of the property associated with the ground when the State revoked the land that was damaged, the compensation.
2. The owner of property attached to the soil when the State revoked which are not subject to compensation, then the case specifically to compensation or support assets.
3. The House, other buildings attached to the land built upon planning, land use plans announced without competent State agencies for permission to build, then no compensation.
4. The House, other buildings attached to the land, built on July 1, 2004 that at the time of construction was contrary to the purpose of land use have been identified in the planning, land use plans are not compensation review.
5. The assets attached to land was established after a decision to revoke the land was not disclosure of compensation.
6. The system of machinery, production lines for removable and portable, then only to compensation of the costs of dismantling, transport, installation and damage when dismantling, transport, installation; the level of compensation due to the provincial people's Committee regulations consistent with current law and local practice.
Article 19. Compensation, construction works on the land

1. With regard to housing, domestic work of the household, personal, be compensated by the value of the home, new construction works have equivalent technical standards issued by the Ministry of construction. The value of new construction, the building is calculated according to the construction area of the House, works with the unit cost of the new construction, works by the provincial people's Committee issued under the regulations of the Government.
2. for homes, other buildings not subject to the provisions in clause 1 of this article are compensated according to the following levels: the level of compensation, the work = the value of the existing home, the damage + an amount calculated by the percentage according to the existing value of the home, the work of the existing value of home , the damage is determined by the percentage of remaining quality of the House, which works with the value of the home, new construction works have equivalent technical standards issued by the Ministry of construction.
A sum of money calculated by percentage according to the existing value of the home, the work by the provincial people's Committee rules, the maximum compensation level but not greater than 100% of the value of new construction, construction engineering standards equivalent to the House, the building suffered damage;
With regard to the work of technical infrastructure, the level of compensation equal to the value of new construction works have equivalent technical standards issued by the Ministry of construction; If the work no longer used shall not be compensated.
3. for homes, other buildings dismantled a part, but the rest are no longer used are then compensated for the entire home, works; the case of the House, other buildings dismantled parts, but still exists and use the rest then the compensation value part dismantled and the cost to repair, finishing the rest of equivalent technical standards of the House, before the demolition works.
4. The assets attached to land in one of the cases specified in paragraphs 4, 6, 7 and 10 Article 38 Land Law 2003, no compensation.
5. The assets attached to land in one of the cases specified in paragraphs 2, 3, 5, 8, 9, 11 and 12 Article 38 Land Law 2003 then the handling of assets according to the provisions of article 35 of Decree 181/2004/ND-CP on October 29, 2004 by the Government on the implementation of the law of the land.
Article 20. Handling compensation cases, specific support for home, works 1. The House, other buildings are allowed to build on the land are eligible for compensation specified in article 8 of this Decree shall be compensated according to the provisions of article 19 of this Decree.
2. The House, other buildings were not allowed to build, then depending on the level, the legal nature of the land, and compensation or support as defined below: a) the House, other buildings constructed on land eligible to be compensated according to the provisions of article 8 of this Decree shall be compensated according to the provisions of article 19 of this Decree;
b), other buildings constructed on land are not eligible to be compensated according to the provisions of article 8 of this Decree, but at the time of construction of which not yet have planning, land-use planning was published or the authorized construction of proper planning, land use planning , does not violate the corridor protection works, the maximum supported by 80% of the compensation specified in article 19 of this Decree;
c), other buildings were constructed before 1 July 2004 on the land are not eligible for compensation under the provisions of article 8 of this Decree, which when built in violation of planning, land use plans that have been announced and the demarcation or violate the corridor protection works has been no demarcation of compensation; the special case, the provincial people's Committee to consider support for each specific case.
3. The House, other buildings constructed on land are not eligible for compensation under the provisions of article 8 of this Decree, which when built was the competent State agencies are not allowed to build the notification shall not be compensated, are not supported; who have unauthorized building works which forced demolition and dismantling costs solely in case competent authorities make dismantling.
Article 21. Compensation, works for people who are using state-owned housing 1. People are using state-owned housing (House or home rental by organizations) in the range land dismantlement, then who are the rent not be compensated for with an area of State-owned housing and the area of unauthorized built-in, but compensation costs of self improvement repair, upgrade; the level of compensation due to the provincial people's Committee.
2. People are using state-owned housing were dismantling be rented housing in place of resettlement; the new lease area where relocating the equivalent of the old rental area; rent is the rent price in State-owned; House rent in place of resettlement was sold to people who are hired under the Government's regulations on the sale of State-owned housing for people who are renting; special cases not home relocation to the layout shall be supported by funds to handle new accommodation; support levels by 60% the value soil and 60% of the value of the House is to rent.
Article 22. Compensation of moving graves for moving graves, the levels of compensation are calculated for the cost of land, digging, loading, moving, rebuilding and other reasonable expenses directly related. the provincial people's Committee, the provisions of the specific compensation levels for compliance with customs and the local reality.
Article 23. Compensation for cultural monuments, monuments, Church, family, pagoda, am, shrines for the land recovery project when there are cultural monuments, monuments, Church, family, pagoda, pm, Temple in case the move then the compensation for moving the historical , cultural works, Church, family, pagoda, pm, Temple led by the Prime Minister for the decision by the Central People's Committee, Chairman of provincial level decided for works by local management.
Article 24. Compensation for crops and livestock 1. The compensation level for annuals is calculated using the output value of the harvest. The value of output of the harvest is calculated according to the productivity of the service in the three years ago of the local major plants and the average price at time of withdrawal land.
2. Compensation for perennial, is calculated by the existing value of garden plants (do not include the value of land use) according to local price at time of withdrawal land.
3. for crops not yet harvested but could move to other venues, the compensation costs of moving and actual damage due to migration, are growing again.
4. Forest tree planting using State budget funds, natural forest tree delivered to organizations, households cultivated, managed care, the protection of compensation according to the actual damage value of gardens; compensation is divided for the Manager, health care, protection under the provisions of the law on the protection and development of forests.
5. for pets (aquaculture) are compensated according to the following rules: a) for pets that at the time of withdrawal land came to the harvest period, the compensation;

b) for pets that at the time of withdrawal land yet to harvest period shall be actual damages due to harvest early; cases can move are then compensated costs move and damage caused by the move; specific compensation levels by the provincial people's Committee rules to conform with reality.
Article 25. Handling compensation for State-owned assets held were the State land, loss of 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.
Article 26. Compensation for workers due to stop the economic organizations, households registered business manufacturing business, has hired workers labor contracts, production was stopped when the State earthquake recovery workers to apply for compensation under the pension regime stop the provisions in paragraph 3 to article 62 of the labour code; subject to compensation as workers specified in point a, point b article 27 paragraph 1 of the labor code; the compensation calculation time is the time to stop production, but must not exceed 6 months.
Chapter IV article 27 assistance policy. Support the move 1. Household when the State revoked land should move within the province, the city supported each of the apartments for 3 million; move to another province was the highest support 5 million; the specific level of support by the provincial people's Committee.
2. Organisations eligible for compensation land and assets when recovered that must move the base, supported the entire actual costs of moving, dismantling and installation.
3. The recovered land, no longer other accommodation; in time of creating a new back (resettlement arrangement), are placed in temporary housing or supported housing rents; time and the specific level of support by the provincial people's Committee rules consistent with the local reality.
Article 28. Settlement support and stability of production 1. Household, personal direct agricultural production when the State revoked on 30 percent of agricultural land be delivered, supported settlement in 3 months time if not moved and during the 6 months if the right move; the case should move to the geographical socio-economic difficulties or have socio-economic conditions particularly difficult time support a maximum of 12 months. Monetary support level for demographics/01tháng 30 kg of rice equivalent calculated according to forecast the average price locally.
2. When the State revoked the land of economic organizations, households registered business manufacturing business, which stopped production and business, then the highest supported by 30% of after tax income a year, according to the level of average income of 3 years earlier was adjacent to the tax authorities; the specific level of support by the provincial people's Committee rules to suit local realities.
Article 29. Career transition assistance and job creation 1. Household, personal direct agricultural production when withdrawn on 30% of the land in agricultural production, the career transition assistance for people in working age; the support level and number of specific labour is supported by the provincial people's Committee rules to suit local realities.
2. Supporting career transition training is done primarily by forms of education in vocational institutions.
Article 30. Support the people who are not tenants in State-owned 1. Households, individuals are renting houses is not state-owned housing when the State revoked land dismantlement of houses, have to move then move costs supported by the level prescribed in article 27 paragraph 1 of this Decree.
2. Grounded in local realities, the provincial people's Committee rules support the settlement and stability for households and individuals.
Article 31. Support as public land by the communes, wards and towns land cases in the public land fund recovery of communes, wards and towns shall be supported; the highest possible level of support by compensation; the specific level of support by the provincial people's Committee rules; the money supports are filed on the State budget and is put into the annual budget estimates of the communes, wards and towns; the money can only be used to support investment in the construction of infrastructure works, use on public purpose of the communes, wards and towns.
Article 32. Other support in addition to support provided for in article 27, 28, 29, 30 and 31 of this Decree, based on the actual situation in the local people's Committee Chairman granted the province decided to support measures to ensure stable production and life for the withdrawn land; special cases the Prime Minister to decide.
Chapter V relocation Article 33. Establishment and implementation of resettlement project 1. Based on the plans of social-economic development of the locality; based on the planning, land use plan is approved, the authorized Committee of the provincial people's responsibility to prepare and implement the resettlement project to ensure the resettlement service for persons with revoked land should move. 2. The project and the construction of resettlement carried out according to the current regulations on investment management and construction.
Article 34. Arrange resettlement of 1. The Agency (Organization) was the provincial people's Committee in charge of resettlement arrangement must inform each household recovered ground, must move about expected resettlement layout approach and listed this at the headquarters of the unit, at the headquarters level where Township people's Committee has recovered land and resettlement places in homeless during the 20 days before the competent State agency approval of resettlement arrangement; message content includes: a) the location, the scale of land fund, home relocation Fund, design, an area of each plot of land, apartments, land, relocation home prices;
b) expected the households in resettlement.
2. Prioritize the resettlement for the withdrawn land in resettlement projects, priority location for early implementation of clearance, households have a convenient location in the old residence, household policies.
3. Create conditions for households in resettlement areas are particularly resettlement and public discussion about the expected layout specified in paragraph 1 of this article.
Article 35. Mandatory conditions for the resettlement of 1. Resettlement must be constructed in accordance with plans, land use plans, construction planning and building regulation standards.
2. Resettlement must be used for many projects.
3. Before Earth in the layout for the household, personal, resettlement must be build sync infrastructure ensure qualified for better user or by where in the old.
Article 36. Measures to support the production and life in resettlement areas based on the actual local situation, Chairman of the provincial people's Committee decided the measures and specific support levels to stabilize production and livelihood in resettlement areas, including: 1. support plant breeding , livestock breeds for the first agricultural production, agricultural extension services, forestry, plant protection, animal health, breeding and cultivation techniques of engineering services for manufacturing and business to business services.
2. support to the creation of a number of trades in resettlement areas suitable for these workers, especially women workers.

Article 37. The rights and obligations of people recovered ground to move 1. Right: a) to register in the place of resettlement in writing;
b) precedence household registration for yourself, other family members about the new place and priority transfers for family members in school age;
c) Was rejected on resettlement if resettlement cannot guarantee the conditions as announced and listed publicly;
d) provided free home designs.
2. obligations: a) made the move to the resettlement areas in the correct time as specified by the competent State agencies;
b) building, works in accordance with the planning and implementation of the other obligations prescribed by law;
c) paid in home purchase or use of land under the provisions of the law.
Article 38. Resettlement for special projects for investment projects by the Government, the National Assembly decided to move both a residential community, affecting the whole of life, the economy, society, culture and traditions of the community, the specific circumstances, the Prime Minister or the Government's decision to review the decision of resettlement policy in particular with the highest support levels to be applied to support the entire cost of establishing the new resettlement, the housing construction, improving rice field, construction of infrastructure, social-economic, stable life support, production and other support.
Chapter VI Organization of the implementation of Article 39. Assigned to compensation, resettlement and assistance 1. Based on the actual situation at local, provincial people's Committee entrusted the implementation of compensation, resettlement and support for:-the Council for compensation, resettlement and support the district, County, city, town in the province (district level);
-Organization of development land.
2. The Council for compensation, resettlement and support at district level as leaders of the people's Committee Chairman, members include:-financial agency representative-Vice Chairman;
-Investor-standing Member;
-A representative of the Agency of natural resources and the environment-Commissioner;
-A representative of the people's Committee has recovered ground level-Commissioner;
-Representative of the household land withdrawn from one to two people;
Some other members by the President of the Council for compensation, resettlement and support the decision to suit local realities.
Article 40. The responsibility of the Council for compensation, resettlement and assistance 1. The Council for compensation, resettlement and assistance help people's Committee at the same level and implementation support, compensation and resettlement arrangement; The Council works according to the principles of collective and decided by majority; peer voting case then follow the opinion of the President of the Council.
2. The liability of the members of the Board: a) the President of the Council directed the members of the Board, browse and organize implementation assistance, compensation and resettlement;
b) Investor shall assist the President of the Assembly support, compensation and resettlement; ensure adequate funding to pay timely compensation, resettlement and assistance;
c) represent people who recovered the land have the responsibility to: reflect the aspirations of the people of the land, revoked the person to move; American athlete who recovered the land made the move, the clearance schedule;
d) other members perform the duties as assigned and directed by the President of the Council consistent with the responsibilities of the industry.
3. The Council for compensation, resettlement and support is responsible for the accuracy of the inventory data, calculation of land, property compensation, compensation or assistance, support in compensation, assistance and resettlement.
Article 41. Appraisal support, compensation and resettlement of project 1. Appraisal support, compensation and resettlement for the case: a) relevant land recovery from 2 districts, towns and cities in the province;
b) compensation, resettlement and support of the project by the provincial people's Committee for approval.
2. Content of the appraisal are: a) the application of the compensation policy, support of the project;
b) the land prices, property prices for the calculation of compensation;
c) resettlement layout approach.
3. The evaluation of compensation, resettlement and assistance by the Department of finance, in cooperation with the relevant bodies to suit the characteristics of each project;
Where necessary, the Chairman of the provincial people's Committee decided to establish authority by the Director of the Department of finance as the Chairman of the Council.
4. the maximum evaluation period of 15 working days from the date of receiving the recommended compensation, resettlement and support of the project; After the time limit on, if the key has no comments, the Chairman of people's Committee approval authority.
5. The compensation, resettlement and support of projects not subject to the provisions in clause 1 of this article is not verified.
6. after the opinion of the evaluators, the investor compensation Board help, support and resettlement perfected, compensation and resettlement assistance, the competent State agencies for approval.
Article 42. The compensation agreement, support the case of the Earth, who was hired the land or the land's Fund Development Organization agreement was with the withdrawn land about compensation, assistance under the provisions of this Decree shall follow the agreement; Non-State organizations, make restitution, support.
43 things. The responsibility of the people's Committee of the level 1. the provincial people's Committee has the responsibility: a) the direction, organization, propaganda, campaigning for every organization or individual on the policy for compensation, resettlement assistance and perform the clearance in accordance with the decision to revoke the land of competent State agencies;
b) directed the departments and people's committees at district level:-project relocation, resettlement areas to cater for the recovery of land;
-Set the compensation and resettlement assistance, according to the authority;
c) approved or decentralized to district level people's Committee approved compensation plans, support and resettlement;
d) approved land prices; property price calculation of issued compensation, prescribing the level of support and the support measures by the authority; plan the layout of resettlement, vocational conversion training schemes under the authority is delegated;
DD) directed the relevant agencies to make the resolution of complaints of citizens about compensation, resettlement and assistance according to authorized law;
e) guarantee the objectivity, fairness when considering and deciding the compensation, resettlement and assistance when the State revoked the land under the jurisdiction of the provisions in this Decree;
g) decisions or decentralized to district level committees for the case of coercion deliberately does not make the decision to revoke the land of State jurisdiction;
h) check the Steering and handling violations in the area of compensation, assistance and resettlement.
2. the people's committees at district level where land has been revoked is responsible for: a) the direction, organization, propaganda, campaigning for every organization or individual on the policy for compensation, resettlement assistance and perform the clearance in accordance with the decision to revoke the land of competent State agencies;
b) directs the Council for compensation, resettlement and assistance at the same level and implementation support, compensation and resettlement; implement approved compensation, resettlement and assistance according to the hierarchy of the provincial people's Committee;

c) in collaboration with the departments, sectors, institutions and investors to make investment and construction projects, the option to create the local resettlement under the decentralization of the provincial people's Committee;
d) complaints of citizens about compensation, resettlement and assistance according to the assigned authority; coercive decisions and coercive institutions with regard to the case of the jurisdiction; in collaboration with the Agency conducted sexual as determined by the competent authority.
3. the people's Committee of social responsibility: a propaganda organization) about the purpose of recovery of land, compensation policy, support and resettlement of project;
b) in collaboration with the Council for compensation, resettlement and support make verification of land, the property of the person is revoked;
c) coordinate and facilitate support for the payment of compensation, assistance and resettlement arrangement for the withdrawn lands and facilitate the clearance.
Article 44. The responsibility of the Department, provincial departments 1. The Department of finance is responsible for: a) coordinated with relevant agencies the provincial people's Committee approval of land prices, the price of the property (except the House and other constructions) for the calculation of compensation, the levels of support, support and resettlement at the local provincial people's Committee decision;
b) chaired the evaluation as specified in article 41 of this Decree;
c) check to pay compensation, and support costs for the implementation of compensation, resettlement and support locally.
2. The Department of planning and investment has responsibility: Guide, examine the establishment and implementation of the resettlement project.
3. Department of construction, architecture planning Departments are responsible for: a) guide the identification of scale, area, legal nature, not of the other buildings attached to the land is recovered as the basis for calculating compensation and support for each object;
b) determine House prices and the buildings attached to land to calculate the Compensation Committee at the same level for approval;
c) presiding, in cooperation with the relevant authorities to locate the scale resettlement areas in accordance with the general development plan of the State bodies, local authority approval.
4. The Department of environment and natural resources is responsible for: a) guide the identification of land, soil type, soil conditions and class are compensation, land not be compensated when the State revoked the land;
b) guide the determination of the scale of land subject to compensation or no compensation, the level of compensation or support for each person to use the land is recovered as the basis for calculating compensation and support for each object;
c) chaired and coordinated with the Department of planning and investment, the provincial people's Committee decision on the scope of withdrawal land of each project.
Article 45. The responsibility of the Organization was tasked with compensation, resettlement and assistance 1. Establish compensation plans, support and resettlement; implementation of compensation and resettlement assistance, the approval authority as prescribed by the provincial people's Committee, is responsible for the accuracy, compliance of policies, compensation and resettlement assistance.
2. Instructions, troubleshooting of the user ground on issues related to the compensation, assistance and resettlement.
3. Other duties under the provisions of the law by the provincial people's Committee, the city of centrally regulated.
Article 46. The responsibility of the Ministry of finance, the Ministry of planning and investment, Ministry of construction, Ministry of natural resources and the environment 1. The responsibility of the Ministry of Finance: a) instructions, check the implementation of the policy on compensation, resettlement and assistance;
b) coordinated with the related industry guidance on handling the problems about the determination of land prices, property prices and compensation policy, aid in the compensation and resettlement assistance, as proposed by the provincial people's Committee.
2. The responsibility of the Ministry of planning and investment: guidance and examine the establishment and implementation of the resettlement project under the provisions of the law on investment management and construction.
3. The responsibility of the Ministry of construction: a) tutorial, check out the determination of the legality of the House, the other constructions for the calculation of compensation; guide the construction planning for resettlement, standard home construction work at the resettlement areas;
b) Guide, check out the determination of the price of the House, other buildings for compensation, resettlement and assistance according to the jurisdiction assigned to it.
4. The responsibility of the Ministry of natural resources and the environment: a) check the implementation planning, land-use plans of each specific investment project; identify the use of land subject to compensation, are supported or not be compensated as the basis for the calculation of compensation, support; certificate of right to use land for the relocation;
b) regulations and guidelines on land management in resettlement areas.
Article 47. Coercive enforcement of the decision to revoke the land clearance, 1. the people's Committee in collaboration with the other levels of political organization, social-political, institutional mobilization who recovered ground self made the decision to revoke the land clearance; the case was done properly the provisions on compensation, assistance and resettlement, who recovered the ground deliberately does not make the decision to revoke the land, then the land withdrawal decision bodies decision coercive and coercive implementation organization according to the provisions of the law.
2. Based on the actual local situation, the provincial people's Committee or the hierarchy authorization for district-level people's Committee decision to coercive and coercive implementation organization.
Article 48. Costs implementation of compensation, resettlement and assistance 1. The organization responsible for implementation support, compensation and resettlement are responsible for estimating the cost for this work of each project, as follows: a) for expenses already the norm, standard, the unit cost by the competent State agency rules shall follow the current rules;
b) for payments not yet or no norms, standards, unit cost, the estimate by the fact to suit the characteristics of each project and the local reality;
c) Genus document printing, stationery, car gasoline, logistics and service management for service is calculated according to the actual needs of each project.
2. Funding guarantees for implementation support, compensation and resettlement are excerpts not exceeding 2% of the total cost of compensation, in support of the project; specific level by provincial people's Committee decided to suit local realities and depending on the scale, nature and characteristics of each type of project; the spending, payment is made in accordance with the law.
Article 49. Complaints and complaints of people recovered the land if not agree with decisions about compensation, resettlement and assistance, it shall be a complaint under the provisions of the law. Responsible for resolving complaints, complaint time limits and procedures for complaints made under the provisions of article 138 of the Land Law 2003 and article 162, 163, 164 of Decree 181/2004/ND-CP on October 29, 2004 by the Government on the implementation of the law of the land.
While the pending complaint, who revoked the land still have to accept the decision to revoke land right and planning time was the State Agency has the authority to decide.
Chapter VII enforcement provisions article 50. Enforceable

1. This Decree shall be enforceable after 15 days from the date The report.
2. This Decree replaced the Decree 22/1998/ND-CP dated 24 April 1998 from the Government about compensation for damages when State land use on defense purposes, security, national interests, public interests. The previous regulations about compensation, resettlement and assistance when the State revoked the land contrary to this Decree are repealed.
For the project, the category has done for compensation, resettlement and assistance; the project, the category has approved compensation plans, support and resettlement or are made to pay compensation, resettlement and assistance under schemes already approved before the decree to this effect is made according to the approved plan, do not apply or adjust according to the provisions of this Decree.
Article 51. Responsible for enforcement of the Ministry of finance, in collaboration with the Ministry of natural resources and environment, the Ministry of construction guiding the implementation of this Decree.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, institutions, households, individuals use land is responsible for the implementation of this Decree.