Learn about Land Law 2013
Ask:Regulations on resettlement support for cases of land recovery of households, individuals, and Vietnamese people residing abroad who have to relocate? Support for people who are renting houses not owned by the State? Support when recovering public land of communes, wards, and towns? Other support for land users when the State recovers land?
Reply:According to Article 22 of Decree No. 47/2014/ND-CP, resettlement support for cases where the State recovers residential land of households, individuals, and Vietnamese people residing abroad who must relocate as prescribed in Point c, Clause 2, Article 83 of the Land Law is implemented as follows:
1.Households, individuals, and overseas Vietnamese who receive resettlement land and housing and the amount of land compensation is less than the value of a minimum resettlement quota prescribed in Article 27 of this Decree shall be supported with the difference between the value of the minimum resettlement quota and the amount of land compensation.
2.In case households, individuals, and overseas Vietnamese arrange their own accommodation, in addition to receiving compensation for land, they will also receive resettlement support. The provincial People's Committee shall, based on the scale of the recovered residential land area, the number of household members, and specific local conditions, determine the appropriate level of support.
-According to Article 23 of Decree No. 47/2014/ND-CP, households and individuals who are renting non-state-owned housing and have to move their residence when the State reclaims land will be supported with the cost of moving assets according to regulations of the provincial People's Committee.
-According to Article 24 of Decree No. 47/2014/ND-CP: In case the recovered land belongs to the public land fund of the commune, ward or town, it will be supported; the highest level of support can be equal to the compensation level; the specific support level is determined by the provincial People's Committee; the support money is paid into the state budget and included in the annual budget estimate of the commune, ward or town; the support money can only be used to invest in the construction of infrastructure works, used 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 prescribed 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 accommodation, stable life, production and fairness for people whose land is recovered; in the case of households and individuals directly engaged in agricultural production when the State recovers agricultural land but do not meet the conditions for compensation as prescribed in Article 75 of the Land Law, the provincial People's Committee shall consider providing support in accordance with the local reality; special cases shall be submitted to the Prime Minister for decision.
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