Learn about the 2013 Land Law

(Baonghean) - Question: What are the specific regulations on establishing and implementing resettlement projects and minimum resettlement quotas?

Reply:

- According to Article 26 of Decree No. 47/2014/ND-CP, the establishment and implementation of resettlement projects prescribed in Article 85 of the Land Law shall be carried out according to the following provisions:

1. Resettlement projects are established and approved independently of compensation, support and resettlement plans, but must ensure that there is resettlement land and housing before the competent state agency decides to reclaim the land.

2. The establishment of resettlement projects and selection of investors shall comply with the provisions of law on development and management of resettlement housing and must ensure the provisions in Clause 2 and Clause 3, Article 69 of the Land Law.

3. Resettlement areas are established for one or more projects; houses and land in the resettlement areas are arranged in many different levels of houses and areas suitable for the compensation levels and payment capacity of the resettled people.

4. For concentrated resettlement area projects with construction phases according to component projects, the progress of land acquisition and completion of housing or infrastructure construction of the resettlement area is carried out according to the progress of each component project, but the infrastructure works of each component project in the resettlement area must ensure connection according to the detailed planning approved by the competent state agency.

5. Ensuring funding for resettlement project implementation shall be implemented in accordance with the provisions of Article 32 of this Decree.

- According to Article 27 of Decree No. 47/2014/ND-CP regulating the minimum resettlement rate:

1. The minimum resettlement allowance prescribed in Clause 4, Article 86 of the Land Law is determined by residential land, housing or money to suit the choice of the person being arranged for resettlement.

2. In case the minimum resettlement quota is determined by residential land and housing, the resettlement land area must not be smaller than the minimum area allowed for land division in the locality and the resettlement housing area must not be smaller than the minimum apartment area according to the provisions of the law on housing.

In case the minimum resettlement quota is determined by housing, the area of ​​resettlement housing must not be less than the minimum apartment area as prescribed by the law on housing.

In case the minimum resettlement quota is calculated in cash, the amount of money for the minimum resettlement quota is equivalent to the value of a minimum resettlement quota in residential land or housing at the resettlement location.

3. Based on the provisions in Clause 1 and Clause 2 of this Article and the specific situation of the locality, the provincial People's Committee shall prescribe the minimum resettlement quota in terms of residential land, housing and money.

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