Amending and supplementing a number of articles of the Regulations on compensation, support and resettlement when the State acquires land

(Baonghean.vn) -(Decision No. 40/2013/QD-UBND, dated August 12, 2013 of the Provincial People's Committee, issued together with Decisions: No. 04/2010/QD-UBND dated January 19, 2010 and No. 10/2012/QD-UBND dated February 4, 2012 of the People's Committee of Nghe An province).

Article 1. Amending and supplementing a number of articles of the Regulations on compensation, support and resettlement when the State acquires land in Nghe An province, issued together with Decision No. 04/2010/QD-UBND dated January 19, 2010 of the People's Committee of Nghe An province, as follows:
1. Amend Clause 3, Article 23 as follows:

"3. People whose residential land is recovered and have no other place to live will be supported with housing rental fees while waiting to create new accommodation, specifically as follows:

a) Rental support level:

- In Vinh City:

+ For households with 5 or more members, the support level is 3,000,000 VND/month/household;

+ For households with 4 members or less, the support level is 2,000,000 VND/month/household;

In the towns:

+ For households with 5 or more members, the support level is 2,000,000 VND/month/household;

+ For households with 4 members or less, the support level is 1,500,000 VND/month/household;

- In the town area of ​​the districts:

+ For households with 5 or more members, the support level is 1,500,000 VND/month/household;

+ For households with 4 members or less, the support level is 1,000,000 VND/month/household;

Remaining areas: 1,000,000 VND/month/household.

b) Rental support period:

The housing rental support period is 06 months. In case the actual waiting time for new accommodation is more than 06 months, the District People's Committee will decide the support period, but not exceeding 12 months.

Households will receive housing rental support after handing over the site to the project on time as prescribed.

2. Amend Point c, Clause 2, Article 24 as follows:

"c) The percentage (%) of recovered land area that is supported to stabilize life and stabilize production is determined based on the ratio of recovered agricultural land area to the total agricultural land area in use.

In case the State recovers agricultural land of households and individuals belonging to many different projects, but the recovered agricultural land area has not been supported to stabilize life and production, the recovered land area of ​​the projects shall be added together (the recovered agricultural land area that has been supported shall not be added) to determine the percentage of recovered agricultural land area. The time to calculate the projects is from the effective date of Decree No. 197/2004/ND-CP dated December 3, 2004 of the Government.

Assign the District People's Committee to implement based on the actual situation of the locality."
Article 2. Amending and supplementing a number of articles of the Regulations on compensation, support and resettlement when the State acquires land in Nghe An province, issued under Decision No. 10/2012/QD-UBND dated February 4, 2012 of the People's Committee of Nghe An province as follows:

1. Amend Clause 1, Article 1 as follows:

"3. Determining residential land area for plots of land with gardens and ponds in plots of land with houses in residential areas, stably used before December 18, 1980:

a) For households and individuals using residential land with gardens and ponds formed before December 18, 1980, the residential land area is determined as follows:

In case the People's Committee at the commune level determines the area or boundary of the land plot used stably before December 18, 1980, and is currently not in dispute, the residential land area is determined to be the entire area of ​​the land plot used stably before December 18, 1980, the remaining area (if any), used after December 18, 1980 is determined according to the agricultural land group.

- In case the People's Committee at the commune level cannot determine the area or boundary of the land plot in stable use before December 18, 1980, but is currently not in dispute, the residential land area is determined to be a maximum of 05 times the local residential land allocation limit at the time of granting the Certificate, but not exceeding the current area of ​​the land plot in use.

b) In case a land plot is separated after December 18, 1980 from a land plot specified in Point a of this Clause, the total residential land area of ​​the land plots after separation is equal to the residential land area of ​​the land plot specified in Point a of this Clause.

c) Responsibilities of the People's Committees at district and commune levels:
The People's Committee at the commune level is responsible before the law for determining the area or boundary of land plots with houses in residential areas that were used stably before December 18, 1980; The People's Committee at the commune level requests the People's Committee at the district level to confirm the area of ​​recognized residential land, agricultural land, etc., to serve as a basis for compensation, support and resettlement when the State reclaims land.

- The District People's Committee is responsible for: After appraising and checking the records and recommendations of the Commune People's Committee, the District People's Committee shall, based on the provisions in Point a and Point b of this Clause, determine the area of ​​land recognized as residential land, agricultural land... for households and individuals."

2. Add Clause 5, Article 1 as follows:

"4. Support for land costs for burial and transportation as follows:

a) Land costs for burial site:

When reclaiming cemetery and graveyard land, if the State does not plan and build a cemetery and graveyard area to move graves according to regulations, households and individuals who arrange their own land to move graves will, in addition to compensation according to regulations of the Provincial People's Committee, also be supported with costs for burial land. Specifically:

- Burial in other provinces and cities: 4,000,000 VND/grave;

- Burial in Vinh City: 3,000,000 VND/grave;

- Burial in provincial towns: VND 2,500,000/grave;

- Burial in districts within the province: 2,000,000 VND/grave;

b) Support for travel expenses:

- Moving to other provinces and cities: 3,000,000 VND/grave;

- Moving to districts, cities, towns in the province: 2,000,000 VND/grave;

- Moving to other communes, wards and towns in the same district: 1,000,000 VND/grave;

- Moving within the same commune, ward or town: VND 500,000/grave."

Article 3. The Decision takes effect 10 days after the date of signing.

Article 4. Chief of Office of the Provincial People's Committee; Directors of provincial departments, branches and sectors; Chairmen of People's Committees of districts, cities and towns; Chairmen of People's Committees of communes, wards and towns; heads of units, project investors and related households and individuals are responsible for implementing this Decision.

People's Committee
KT. Chairman

Vice President: Dinh Viet Hong