New points regarding compensation, support, and resettlement.

VietNamNet•21/06/2023

In the draft amended Land Law, issues of particular concern to the people, such as compensation, support, and resettlement, have been revised quite specifically, ensuring transparency and helping to reduce complaints. To date, there have been more than 12 million comments from the public on this draft law.

Principles of compensation, support, and resettlement

Compensation can take various forms, including monetary compensation, land with the same intended use, housing, or land with a different intended use than the land being expropriated, if the person whose land is being expropriated so desires and the locality has available land.

The regulations should be amended to allow people whose residential land is being expropriated to prioritize the option of monetary compensation if they so desire, and they must register this when preparing the compensation, support, and resettlement plan.

Amend the regulations regarding the timing of issuing land expropriation decisions after the approval of compensation, support, and resettlement plans. For cases requiring resettlement, land expropriation decisions may only be issued after the resettlement land and housing have been handed over to those whose land has been expropriated.

At the same time, there are regulations regarding certain cases where land can be reclaimed if the landowner agrees and has received compensation to arrange their own housing or has been provided with temporary accommodation.

The draft amended Land Law contains many new points regarding compensation, support, and resettlement. (Illustrative image)

The regulations are supplemented to stipulate that the People's Committee at the commune level where the land is being reclaimed must coordinate with the unit or organization directly responsible for compensation, support, and resettlement to investigate, determine, and fully compile statistics on actual damages to land use rights and assets attached to the reclaimed land, income from the use of the reclaimed land and assets attached to the reclaimed land, and the aspirations for resettlement and job retraining to ensure the rights and livelihoods of those whose land is being reclaimed.

Regarding land compensation

The regulations specify compensation conditions for land for each land user category without referencing the conditions for granting land use right certificates, aiming to resolve arising difficulties and facilitate implementation; and to revise the regulations on land compensation conditions to ensure consistency and uniformity with regulations on registration and issuance of land use right certificates.

The regulations are amended to allow compensation in the form of land with a different use from the land being expropriated for households and individuals whose residential land, agricultural land, or non-agricultural land (excluding residential land) is expropriated, provided that the person whose land is expropriated has a need and the locality has the necessary land and housing resources.

Regarding property compensation

Amend regulations regarding houses and structures serving daily life attached to land owned by households and individuals, in the direction of compensation based on the new construction value of houses and structures with equivalent technical standards.

The regulations are amended to stipulate that provincial People's Committees are authorized to issue compensation rates for damage to houses, construction works, crops, and livestock, ensuring they are consistent with market prices and must be reviewed and adjusted when fluctuations occur, to serve as a basis for calculating compensation when land is reclaimed.

Regarding support

The regulations are supplemented to provide support for training, career chuyển đổi, and job search for individuals who are beneficiaries of social welfare programs, those receiving monthly social allowances, war invalids, sick soldiers, and families of martyrs.

Revise regulations on conditions for support in training, career chuyển đổi, and job search by removing the "working age" requirement for "people directly engaged in agricultural production" to ensure the rights and interests of those whose land is expropriated.

Additional support will be provided to business owners who have to cease production and business operations due to land expropriation by the State; and support will be given to those whose land has been expropriated in order to relocate their livestock.

Regarding resettlement

The regulations should be supplemented to specify resettlement areas that meet the requirements for technical and social infrastructure and are consistent with the cultural traditions and customs of the communities where the land is being acquired; specific locations for resettlement should be stipulated; and on-site resettlement should be prioritized.

The regulations should be supplemented to ensure that resettlement areas have access to healthcare, education , culture, sports, markets, commercial services, recreation, entertainment, and cemeteries.

The regulations are supplemented to provide compensation in the form of residential land or resettlement housing for households and individuals whose agricultural land or non-agricultural land (excluding residential land) is confiscated, who meet the conditions for land compensation but require compensation in the form of residential land or housing, and whose localities have the necessary residential land or housing funds.

Regulations stipulate that in cases where people whose residential land is confiscated have no other place to live, they will be provided with temporary housing or housing rental assistance while awaiting resettlement.

Consider providing additional support for the allocation of residential land with land use fees or the sale, lease, or lease-purchase of housing in cases where households have multiple generations or multiple married couples living together on a single plot of land that is being reclaimed.

The regulations are amended to assign responsibility to provincial People's Committees to, based on the available land and resettlement housing and the actual situation in the locality, specify in detail the reward mechanism for those whose land is confiscated and who hand over the land before the deadline, and the minimum resettlement entitlement.

The revisions aim to standardize the understanding of resettlement assistance to distinguish it from compensation in the form of residential land in resettlement areas.

Payment of compensation, support, and resettlement funds.

Amend the regulations regarding the deadline for paying compensation and support within 30 days from the date of the decision approving the compensation, support, and resettlement plan to ensure that this is done in advance.

The regulations on compensation, support, and resettlement payments for property owners attached to land have been amended to address cases where the land user and property owner are two different entities on the same plot of land.

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