Nowadays, land recovery by the State and people being compensated and resettled is no longer a strange thing for many people in Vietnam. Despite being compensated and resettled by the state, due to the increasing land price, getting a desired piece of land after being resettled is a headache for people today. So about the matter “How is the price of resettlement land calculated in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 01/2017/ND-CP
- Decree 44/2014/ND-CP
- Decree 47/2014/ND-CP
What is resettlement land?
Resettlement land is a form of land compensation from the State when they conduct land acquisition. This provision of resettlement land will help people have a stable long-term life.
Resettlement here will be understood to include:
+ Plan for arrangement of accommodation (on-site resettlement; or resettlement at another location – where land is compensated);
+ And support resettlement in case of recovery of residential land of households; individuals, Vietnamese residing abroad but having to relocate.
According to the provisions of the Land Law and Decree 47/2014/ND-CP; the resettlement support in case the State recovers residential land from households, individuals and overseas Vietnamese; which must be relocated when the state revokes is done as follows:
+ Households, individuals and overseas Vietnamese receive residential land; resettlement houses for which the amount of compensation for land is less than the value of a minimum resettlement rate specified in Article 27 of Decree 47/ND-CP; be supported the difference between the value of the minimum resettlement rate; and the amount of compensation for the land
+ In case of households; individuals, Vietnamese residing abroad to take care of their own accommodation; In addition to being compensated for land, they also receive resettlement support. Provincial-level People’s Committees shall base themselves on the size of the recovered residential land area; number of household members; and specific local conditions stipulate the appropriate level of support.
Regulations on establishment and implementation of resettlement projects in Vietnam
According to the provisions of Article 26 of Decree 47/2014/ND-CP on the formulation and implementation of resettlement projects as follows:
The formulation and implementation of resettlement projects specified in Article 85 of the Land Law shall comply with the following provisions:
– Resettlement projects are prepared and approved independently of compensation, support and resettlement plans, but must ensure that there are residential land and houses for resettlement before competent state agencies decide to collect settlements. land return.
– The formulation of resettlement projects and selection of investors must comply with the law on development and management of resettlement houses and must ensure the provisions of Clauses 2 and 3, Article 69 of the Law on resettlement. Land.
– Resettlement area is established for one or more projects; Housing and residential land in the resettlement area are arranged according to different levels of houses and different areas in accordance with the compensation levels and the ability to pay of the resettled people.
– For projects of concentrated resettlement areas with construction phases according to component projects, the progress of land acquisition and completion of construction of houses or infrastructure of the resettlement area shall be made according to the progress of the project. level of each component project, but the infrastructure works of each component project in the resettlement area must be connected in accordance with the detailed planning approved by the competent state agency.
– The guarantee of funding for the implementation of the resettlement project shall comply with the provisions of Article 32 of this Decree.
How is the price of resettlement land calculated in Vietnam
According to the provisions of Article 86 of the 2013 Land Law, the resettlement arrangement for people whose residential land is recovered but must relocate is as follows:
– Organizations in charge of compensation and ground clearance assigned by the People’s Committee of province or district to be responsible for arranging resettlement must notify the person whose residential land is recovered and subject to relocation. Relocating to the proposed resettlement arrangement plan and publicly posting 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 where the land is recovered resettlement before the competent state agency approves the plan for resettlement arrangement. The notification contents include location, size of land fund, fund of resettlement houses, design, area of each land lot, apartment, land price, price of resettlement house; plan to arrange resettlement for people whose land is recovered.
– Persons whose land is recovered may be arranged for on-site resettlement if there is a resettlement project in the land recovery area or there are conditions for arranging resettlement. Priority is given to a convenient location for those whose land is recovered early to hand over the ground, and the person whose land is recovered is a person with meritorious services to the revolution. The approved resettlement arrangement plan must be publicly announced at the headquarters of the commune-level People’s Committee, at the common living place of the residential area where the recovered land is 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 shall be decided by the People’s Committee of the province.
– In case the person whose land is recovered is arranged to be resettled but the compensation and support money is not enough to buy a minimum resettlement rate, the State will support enough money to buy a minimum resettlement rate.
The Government shall specify the minimum resettlement rate to suit the conditions of each region, region and locality.
Thus, through the provisions of Article 86 of the 2013 Land Law, we know that the specific land price for calculating land use levy at the resettlement place, the selling price of houses for resettlement is decided by the People’s Committee of the province. . Because of that regulation, we know that the price of resettlement land does not have a uniform, specific regulation, but depending on your resettlement area, you determine how much the resettlement land price is.
Regulations on payment of compensation and resettlement assistance
According to the provisions of Article 30 of Decree 47/2014/ND-CP on payment of compensation, support and resettlement as follows:
– The deduction of the amount of money that has not yet been fulfilled for financial obligations on land from the compensation amount specified in Clause 4, Article 93 of the Land Law shall comply with the following provisions:
+ Unfulfilled financial obligations on land, including land use levy and land rent, payable to the State but not yet paid by the time of land recovery;
+ The unfulfilled financial obligations specified at Point a of this Clause shall be determined in accordance with the law on collection of land use levy; collect land rent and water surface rent. In case the amount of unfulfilled financial obligations up to the time of the decision on land recovery is larger than the amount of compensation and support, the household or individual may continue to debit the difference; if households and individuals are resettled, after deducting compensation and support from the amount to be allocated residential land or buy houses at the resettlement place, the remaining amount is smaller than the amount of money left over. If the financial obligation has not been fulfilled, the household or individual may continue to debit the difference;
+ Compensation to be deducted from the unfulfilled amount of financial obligations, including money for compensation for land, money for compensation for remaining investment costs in land (if any). Expenses for compensation for moving expenses, compensation for property damage, compensation for stopping production and business and other support amounts are not deducted from the amount that has not yet been fulfilled the financial obligations on land.
– In case of compensation by the allocation of new land or allocation of residential land, resettlement house or resettlement house, if there is a difference in value, the difference shall be paid in cash according to the following provisions: :
+ In case the compensation for land is larger than the money for residential land, house or house in the resettlement area, the resettled person may receive the difference;
+ In case the compensation for land is smaller than the money for residential land, house or house for resettlement, the person to be resettled must pay the difference, except for the case specified in Clause 1, Article 22 of the Decree. this.
– In case the recovered land area is subject to a dispute over land use rights which has not yet been settled, the compensation and support money for the disputed land area shall be transferred to the State Treasury until after the decision has been made. After the competent state agency has settled it, it will return the land use right to you.
The capital advance for compensation, support and resettlement shall comply with the following provisions:
+ The land development fund shall advance capital to the organization in charge of compensation and ground clearance to create a clean land fund for land allocation or land lease in accordance with the Model Regulation on management and use of the land development fund;
+ Persons who are allocated land by the State with collection of land use levy or leased land in accordance with the land law if voluntarily advance compensation, support and resettlement funds according to the plan approved by the housing authority. If the country is competent to consider and approve it, the state budget will refund it by subtracting the payable land use levy and land rent. The deductible amount does not exceed the payable land use levy or land rent; the remaining amount (if any) is included in the project’s investment capital.
+ In case a person who is allocated land by the State without collection of land use levy, allocated land with collection of land use levy or leases land in accordance with the law on land, is exempt from land use levy or land rent if voluntarily If you wish to advance compensation, support and resettlement funds according to the plan approved by a competent state agency, the compensation, support and resettlement expenses will be included in the project’s investment capital.
+ Persons who are allocated land by the State with the collection of land use levy or leased land not through auction of land use rights but have advanced compensation, support and resettlement funds may participate in the organizing process compensation, support and resettlement when the State recovers land.
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Frequently asked questions
– The minimum resettlement rate specified in Clause 4, Article 86 of the Land Law is specified in residential land, houses or houses or in money to suit the selection of people to be resettled.
In case the minimum resettlement rate is regulated by residential land or houses, the area of resettlement residential land must not be less than the minimum area allowed to be divided into parcels in the locality and the area of resettlement housing is not small. than the minimum apartment area as prescribed by the law on housing.
In case the minimum resettlement rate is regulated by houses, the area of the resettlement house must not be smaller than the minimum apartment area as prescribed by the housing law.
In case the minimum resettlement rate is calculated in cash, the amount for the minimum resettlement rate is equivalent to the value of a minimum resettlement rate equal to residential land or houses in the place where the resettlement is arranged.
– Based on the provisions of Clauses 1 and 2 of this Article and the specific situation of the locality, the People’s Committee of the province shall prescribe the minimum resettlement rate in residential land, in houses and in cash.
Plan for compensation, support and resettlement when the State recovers land for defense and security purposes; Socio-economic development for the national and public interest, which is not the case specified in Article 17 of this Decree, includes the following principal contents:
a) Full name and address of the person whose land is recovered;
b) Area, type of land, location and origin of recovered land; quantity, volume and existing value of property attached to the damaged land;
c) Bases for calculation of compensation and support amounts such as land price for compensation calculation, house price, compensation for construction works, number of people, number of laborers in age, number of people entitled to social allowance ;
d) Amount of compensation and support;
dd) Expenses for making and organizing compensation and ground clearance;
e) The arrangement of resettlement;
g) The relocation of works of the State, of organizations, of religious establishments, of the population community;
h) The relocation of graves.
– The collection of opinions on compensation, support and resettlement plans specified in Clause 1 of this Article must comply with Clause 2, Article 69 of the Land Law and must be posted up and received comments from people in the area whose land is recovered at least 20 days from the date of listing.
Funds for compensation, support and resettlement include: money for compensation, support and resettlement for land recovered for the implementation of investment projects, expenses to ensure the organization of compensation, support, resettlement and other expenses.
The determination of compensation, support and resettlement money must follow the compensation, support and resettlement plan already approved by the competent authority.
Funds for compensation, support and resettlement when the State recovers land for the implementation of projects is prescribed as follows:
a) Funds for compensation, support and resettlement shall be included in the budget for implementation of investment projects;
b) Ministries and branches are responsible for ensuring funding for compensation, support and resettlement for investment projects falling under the competence of the National Assembly to decide on investment policies; approval and investment decisions of the Prime Minister but implemented by ministries and branches and projects invested by ministries and branches;
c) Provincial-level People’s Committees are responsible for ensuring funding for compensation, support and resettlement for projects falling under the decision-making authority of the provincial-level People’s Councils;
d) In case the investor voluntarily advances compensation, support and resettlement money, it is responsible for ensuring funding for the implementation of projects that do not fall into the cases specified at Points b and c of this Clause.
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