Currently, the status of resettlement in our State’s land policy is considered as one of the hot issues, often causing a lot of controversy between the people and the government. The Government’s compensation, site clearance and resettlement support still face many difficulties. This is partly because the policies regulating resettlement for people are not suitable enough and partly because people do not fully understand their rights and obligations when there is a decision on land acquisition. So about the matter “Regulation on resettlement land area in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Land Law 2013
- Decree 47/2014/ND-CP
What is resettlement?
Resettlement is the State’s policy to help stabilize life, compensate owners for damage and land-attached assets when land is recovered for defense and security purposes; socio-economic development for national and public interests.
Owners are compensated by various methods such as ready-built houses, resettlement houses, apartments, money, etc.
Resettlement land is land that the State is responsible for providing people to compensate when the land is recovered with the aim of helping people have a new place to settle down and quickly stabilize their lives again. Legally, resettlement land is residential land, where the owner fully enjoys the legal land use rights like any normal land.
Cases of being granted resettlement land
According to Article 6 of Decree 47/2014/ND-CP, cases of being granted resettlement land include:
• Households and individuals currently using residential land, overseas Vietnamese who own houses associated with land use rights in Vietnam when the State recovers residential land and have a certificate of land use right. land use or are eligible for 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 shall be made as follows: :
o In case all residential land is recovered or the remaining residential land area after recovery is ineligible to live in as prescribed by the provincial People’s Committee but the household or individual no longer has any residential land or houses, Other people in communes, wards and townships where the recovered residential land is located shall be compensated with residential land or resettlement houses;
o In case all residential land is recovered or the remaining residential land area after recovery is ineligible for habitation as prescribed by the provincial People’s Committee, but the household or individual still has residential land or other houses in in communes, wards or townships where the recovered residential land is located, they shall be compensated in cash. For localities with conditions on residential land fund, they shall be considered for compensation in residential land.
• In the case in a household specified in Clause 1 of this Article in which there are many generations and many couples living together on the same residential land plot, if they are eligible to separate into separate households according to regulations. According to the law on residence, or if there are many households sharing the same right to use one (01) residential land parcel, the People’s Committee of the province shall base on the residential land fund, resettlement house and actual situation. decide the level of residential land and houses for resettlement for each household in the locality.
• Households, individuals, and overseas Vietnamese who fall into the cases specified in Clause 1 of this Article and do not need compensation by residential land or by resettled housing shall be compensated by the State. by money.
• For households and individuals who are using land when the State recovers land attached to their houses, they have to relocate but are not eligible for compensation for residential land, if there is no place to live. Other people in the communes, wards or townships where the residential land is recovered shall be sold, leased, leased out by the State or allocated residential land with the collection of land use levies. Prices for sale, lease, lease-purchase of houses; residential land prices for calculation of land use levy when the State allocates land shall be prescribed by the provincial-level People’s Committees.
• If in the recovered residential land parcel, the agricultural land area is not recognized as residential land, the households and individuals having the recovered land may change the land use purpose for that part of the land area to residential land within the local residential land allocation quota, if the household or individual has a need and the purpose of conversion to residential land is in accordance with the master plan and plan on land use already approved by the competent state agency. . Households and individuals, when changing land use purposes, must fulfill financial obligations in accordance with the law on collection of land use levies; collect land rent and water surface rent.
• Economic organizations, overseas Vietnamese, foreign-invested enterprises that are using land to implement housing construction projects when the State recovers the land, if they are eligible for compensation Normally specified in Article 75 of the Land Law, the compensation shall comply with the following provisions:
o In case a part of the project’s land area is recovered but the remaining part is still eligible to continue the project implementation, monetary compensation for the recovered land area shall be paid;
o For projects that have been put into business when the State recovers land, they will be compensated in cash.
Regulations on establishment and implementation of resettlement projects
According to Article 26 of Decree 47/2014/ND-CP, 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 on collection. land return.
• The establishment 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. 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 carried out 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 implementation of resettlement projects shall comply with the provisions of Article 32 of this Decree.
Regulation on resettlement land area in Vietnam
According to Article 27 of Decree 47/2014/ND-CP, the minimum resettlement rate is specified as follows:
• The minimum resettlement rate specified in Clause 4, Article 86 of the Land Law is determined by residential land, houses or houses or money to suit the selection of people to be resettled.
• In case the minimum resettlement rate is specified in residential land and houses, the resettlement residential land area must not be less than the minimum area allowed to separate parcels in the locality and the resettlement housing area 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 money.
Here are all the explanations about the regulation on resettlement land area in Vietnam!
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Frequently asked questions
Separation of the red book of the resettlement land area is simply understood as dividing that land parcel into many smaller land plots. According to the law, separation of the red book of resettlement land is the issuance of a certificate of land use rights and ownership of houses and other land-attached assets after the procedures of mortgage, capital contribution and transfer. , gift, inheritance, …
Legally, the resettlement land has been granted a certificate of land use right and the legal land owner has the same rights as other types of land. Therefore, resettlement land can be separated from the red book if it meets the conditions for red book separation as prescribed by law.
Pursuant to Article 79 of the 2013 Land Law and Article 6 of Decree 47/2014/ND-CP, households and individuals currently using residential land and overseas Vietnamese owning houses associated with their right If the land user in Vietnam has a Certificate or is eligible for a Certificate when the State recovers the land, the compensation shall be as follows:
Case 1: If all residential land is recovered or the remaining residential land area after recovery is not eligible for living as prescribed by the provincial People’s Committee but the household or individual no longer has any residential land or houses. In other communes, wards or townships where the recovered residential land is located, compensation shall be made with residential land or resettlement houses; in case there is no need for compensation with residential land or houses, the State shall compensate in cash.
Case 2: When all residential land is recovered or the remaining residential land area after recovery is ineligible for living as prescribed by the provincial People’s Committee, but the household or individual still has residential land or other houses in in communes, wards or townships where the recovered residential land is located, they shall be compensated in cash. For localities with conditions on residential land fund, they shall be considered for compensation in residential land.
According to Article 22 of Decree 47/2014/ND-CP, the resettlement support for cases where the State recovers residential land from households, individuals and overseas Vietnamese who have to move. stay is done as follows:
Households, individuals and overseas Vietnamese who receive residential land or house for resettlement and the amount of compensation for the land is less than the value of a minimum resettlement rate will be supported with the difference. difference between the value of the minimum resettlement rate and the amount of land compensation.
In case households, individuals and overseas Vietnamese take care of their own accommodation, in addition to being compensated for land, they will also receive resettlement support money. Provincial-level People’s Committees, based on the size of the recovered residential land area, the number of household members and specific local conditions, shall determine the appropriate level of support.
Conclusion: So the above is Regulation on resettlement land area in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
