Law

How are compensation, support and resettlement for special cases regulated?

PV July 6, 2024 10:10

Mr. N.D.D in Dien Chau asked, how are compensation, support and resettlement for special cases regulated?

Article 92,Land Law 2024 stipulates on bCompensation, support, and resettlement for special cases, as follows:

1. For investment projects decided by the National Assembly or the Prime Minister, which require land acquisition and relocation of the entire residential community, affecting the entire life, economy, society, and cultural traditions of the community and requiring specific policies on compensation, support, and resettlement, the Provincial People's Council shall decide on compensation, support, and resettlement policies appropriate to the actual conditions of the locality.

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Illustration photo.

2. In the case of land recovery as prescribed in Clause 3, Article 82 of this Law, the person whose land is recovered shall be compensated, supported and resettled as in the case of land recovery as prescribed in Articles 78 and 79 of this Law.

3. In case an organization has its land recovered but is not compensated for the land, or the organization has assets assigned by the State for management and use, the following shall be done:

a) Organizations that are allocated land by the State with land use fees collected, or lease land with one-time land rent collected for the entire lease term, and the land use fees and land rent paid are sourced from the State budget, and organizations that are allocated land by the State without land use fees collected, when the State reclaims the land, will not be compensated for the land but will be supported in cash if they have to relocate to a new facility decided by a competent State agency; the maximum level of support shall not exceed the level of land compensation;

b) People's armed forces units using land when the State reclaims land according to the provisions of Article 79 of this Law shall be arranged a new location or transferred to a suitable land location;

c) When the State reclaims land, an organization suffers damage to property assigned to it by the State for management and use and must relocate to a new facility, that organization may use property compensation money to invest in the new facility according to the investment project approved by the competent authority.

4. The Government shall detail this Article.

PV