Learn about the 2013 Land Law.
Ask:Regulations regarding resettlement support for cases of land expropriation affecting households, individuals, and Vietnamese citizens residing abroad who must relocate? Support for those renting housing not owned by the State? Support when public land is expropriated by communes, wards, and towns? Other support for land users when the State expropriates land?
Reply:According to Article 22 of Decree No. 47/2014/ND-CP, the resettlement support for cases where the State recovers residential land from households, individuals, and Vietnamese people residing abroad who must relocate as stipulated in Point c, Clause 2, Article 83 of the Land Law shall be implemented as follows:
1.Vietnamese households, individuals, and overseas Vietnamese who receive resettlement land and housing where the compensation for the land is less than the minimum resettlement value stipulated in Article 27 of this Decree shall be supported with the difference between the minimum resettlement value and the land compensation amount.
2.In cases where households, individuals, or Vietnamese citizens residing abroad arrange their own housing, in addition to land compensation, they will also receive a resettlement assistance payment. The provincial People's Committee will determine the appropriate level of assistance based on the size of the land area to be acquired, the number of household members, and specific local conditions.
-According to Article 23 of Decree No. 47/2014/ND-CP: Households and individuals renting housing that is not state-owned housing, when the State reclaims the land and they have to relocate, are entitled to support for the cost of relocating their property as prescribed by the provincial People's Committee.
-According to Article 24 of Decree No. 47/2014/ND-CP: In cases where the reclaimed land belongs to the public land fund of the commune, ward, or town, support will be provided; the maximum support level may be equal to the compensation level; the specific support level is determined by the provincial People's Committee; the support money is deposited into the state budget and included in the annual budget estimates of the commune, ward, or town; the support money can only be used to invest in the construction of infrastructure projects for public purposes of the commune, ward, or town.
-According to Article 25 of Decree No. 47/2014/ND-CP: In addition to the support stipulated in Articles 19, 20, 21, 22, 23, and 24 of this Decree, based on the actual situation in the locality, the chairman of the provincial People's Committee shall decide on other support measures to ensure housing, stable living conditions, production, and fairness for those whose land is reclaimed; in cases where households and individuals directly engaged in agricultural production have their agricultural land reclaimed by the State but do not meet the conditions for compensation as stipulated in Article 75 of the Land Law, the provincial People's Committee shall consider providing support appropriate to the local reality; in special cases, the matter shall be submitted to the Prime Minister for decision.
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