LSX Lawfirm will give you an article about: “Cases that cannot arrange for resettlement in Vietnam”, as follows:
Legal grounds
Land Law 2013
Decree 47/2014/ND-CP
Resettlement
So, Resettlement is a form of State compensation for land when land recovered to help people have a stable and long life. Resettlement is a form of support, helping people partly when their current jobs changed, or their family’s living and working process changes when the State recovers land.
And Resettlement here understood to include:
Plans for arrangement of accommodation (on-site resettlement; or resettlement at another location – where land compensated);
And support resettlement in case of recovery of residential land of households; individuals, Vietnamese residing abroad but having to relocate.
Conditions to receive resettlement assistance from the State?
Firstly
Pursuant to Article 75 of the 2013 Land Law, the conditions for receiving resettlement assistance from the State are:
Households and individuals that are using land other than land with annual rental payment, have a certificate of land use right, a certificate of house ownership and residential land use right, and a certificate of land use right. land use rights, ownership of houses and other land-attached assets (hereinafter collectively referred to as Certificates) or are eligible for a Certificate of land use rights and ownership of houses and assets. other land-attached assets as prescribed in this Law that have not yet granted, except for the case specified in Clause 2, Article 77 of this Law; overseas Vietnamese who are eligible to own houses associated with residential land use rights in Vietnam and have a Certificate or are eligible for a Certificate of land use right or ownership houses and other properties attached to land according to the provisions of this Law which have not yet granted.
Communities, religious and belief establishments are using land not land allocated or leased by the State and have a Certificate or eligible a Certificate of land use right to own houses and other land-attached assets according to the provisions of this Law but have not yet granted.
Secondly
Overseas Vietnamese allocated land by the State with collection of land use levy or leased land with one-off rental payment for the entire lease period; receive the transfer of land use rights in industrial parks, industrial clusters, export processing zones, high-tech zones, economic zones, have a Certificate or are eligible for a Certificate of land use right, ownership own houses and other land-attached assets as prescribed in this Law that have not yet granted
Organizations allocated land by the State with the collection of land use levy or leased land with one-off rental payment for the entire lease period; receive the inheritance of land use rights, receive the transfer of land use rights but the paid land use levy or the paid transfer money does not originate from the state budget, has a certificate or is eligible for grant Certificates of land use rights and ownership of houses and other land-attached assets under the provisions of this Law have not issued yet.
Thirdly
Foreign organizations with diplomatic functions leased land by the State with one-off rental payment for the entire lease period and have a Certificate or are eligible for a Certificate of land use rights and house ownership and other properties attached to land as prescribed in this Law that have not yet granted.
Economic organizations, overseas Vietnamese, foreign-invested enterprises allocated land by the State with the collection of land use levy to implement investment projects on construction of houses for sale or combined sale; lease land with one-off rental payment for the entire lease period, have a Certificate or are eligible for a Certificate of land use rights, ownership of houses and other land-attached assets as prescribed by law. This law has not yet granted.
Principles of resettlement arrangement for people whose residential land recovered
Provisions in Article 86 of the 2013 Land Law, resettlement arrangements for people whose residential land recovered but must move prescribed as follows:
The organization in charge of compensation and ground clearance assigned by the People’s Committee of the province or district to the People’s Committee of the district responsible for arranging resettlement must notify the person whose residential land recovered and subject to relocation. the proposed resettlement plan and publicly post it for at least 15 days at the headquarters of the commune-level People’s Committee, the common living place of the residential area where the recovered land is located, and at the place of resettlement. resettlement before the competent state agency approves the plan for resettlement arrangement.
So
The notice shall include location, size of land fund, fund of resettlement houses, design, area of each land lot, apartment, land price, and price of resettlement house; plan to arrange resettlement for people whose land recovered.
Persons whose land recovered arranged for on-site resettlement if there is a resettlement project in the land recovery area or there are conditions for arranging resettlement. Priority given to a convenient location for those whose land recovered early to hand over the ground, and the person whose land recovered is a person with meritorious services to the revolution.
The approved resettlement arrangement plan publicly announced at the headquarters of the commune-level People’s Committee, the common living place of the residential area where the recovered land located, and at the resettlement site.
The specific land price for calculation of land use levy at the resettlement place and the selling price of resettlement houses decided by the People’s Committee of the province.
In case the person whose land recovered arranged resettled but the compensation and support money not enough to buy a minimum settlement, the State will support enough money to buy a minimum resettlement rate
In case of resettlement arrangement when the State recovers land
According to the provisions of Point b, Clause 1, Article 6 of Decree 47/2014/ND-CP, compensation for land when the State recovers residential land is as follows:
Households and individuals currently using residential land, overseas Vietnamese owning houses associated with land use rights in Vietnam when the State recovers residential land but have a certificate of land use right land or are eligible a certificate of land use rights and ownership of houses and other land-attached assets in accordance with the law on land, the compensation for land made as follows:
In case all residential land recovered or the remaining residential land area after recovery ineligible for living as prescribed by the provincial People’s Committee, but the household or individual no longer has any other residential land or houses. Then, in the area of communes, wards or townships where the recovered residential land, they compensated with residential land or resettlement houses;
So
in case all residential land recovered or the remaining residential land area after recovery is ineligible for habitation as prescribed by the provincial-level People’s Committee, but the household or individual still has residential land or other houses in the locality. Communes, wards or townships where the recovered residential land located compensated in cash. For localities with conditions on residential land funds, they considered for compensation in residential land.
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Related questions
The State shall formulate and implement resettlement projects as follows:
– The People’s Committee of the province and the People’s Committee of the district shall organize the formulation and implementation of the resettlement project before the land is recovered.
– The concentrated resettlement area must build synchronous infrastructure; ensure construction standards and regulations, suitable to the conditions, customs and practices of each region or region.
– The recovery of residential land shall be carried out only after the completion of housing construction; or infrastructure of the resettlement site.
According to the provisions of Clauses 1 and 2, Article 74 of the Land Law, when the land is recovered by the State, if the land users fully satisfy the conditions for compensation specified in Article 75 of the Land Law, they shall be compensated for the land. The compensation is made by allocating land with the same use purpose as the recovered land, if there is no land for compensation, it will be compensated in cash according to the specific land price of the recovered land type decided by the provincial People’s Committee. determined at the time of land acquisition decision.
According to the provisions of Clause 1, Article 79 of the Land Law, in case households or individuals are using residential land and are eligible for compensation as prescribed in Article 75 of the Land Law
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