Learn about Land Law 2013
(Baonghean) - Question: How are compensation, support, and resettlement for cases of land recovery in areas with environmental pollution that threaten human life; land at risk of landslides, subsidence, or affected by other natural disasters that threaten human life specifically regulated?
Answer: According to Article 16 of Decree No. 47/2014/ND-CP
1. Compensation, support and resettlement in cases of land recovery from households and individuals in areas with environmental pollution that pose a threat to human life; land at risk of landslides, subsidence, or other natural disasters that threaten human life as prescribed in Clause 3, Article 87 of the Land Law shall be implemented in accordance with the provisions of Clause 1, Article 79 of the Land Law, Article 6 and Article 22 of this Decree.
2. In the case of residential land of a household or individual that suddenly collapses or subsides the entire area of the land plot or a part of the land plot and the remaining area is no longer usable, the household or individual will be arranged for resettlement land according to the following regulations:
a) The area of resettlement land is determined by the Provincial People's Committee based on specific local conditions but must not exceed the local land allocation limit;
b) Payment of land use fees, exemption from land use fees and other incentives shall comply with the provisions of the Decree on land use fee collection.
3. Compensation and support for land area recovered for resettlement arrangement is resolved as follows:
a) State budget payment in case of land recovery caused by natural disasters;
b) Enterprises shall pay in case of land recovery in areas with environmental pollution that threatens human life caused by the enterprise; in case the enterprise has been dissolved or bankrupt, compensation and support shall be paid by the state budget.
Question: Specific regulations on compensation for moving graves?
Reply:According to Article 18 of Decree No. 47/2014/ND-CP, for the relocation of graves not falling under the provisions of Clause 1, Article 8 of this Decree, the person whose grave must be relocated will be allocated land and compensated for the costs of digging, exhumation, relocation, new construction and other reasonable costs directly related. The People's Committee of the province shall prescribe specific compensation levels in accordance with local customs and practices.
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