Where does the funding for determining land prices for compensation purposes come from?

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On the Government's online portal, Ms. Pham Khanh Han ( Hanoi ) asked whether, in the case of determining specific land prices for compensation, support, and resettlement purposes for public investment projects, the cost of determining specific land prices can be allocated from the total investment of the project.

Regarding this matter, the Ministry of Agriculture and Environment has the following opinion:

Clause 1 of Article 94 of the 2024 Land Law stipulates:

"1. Compensation, support, and resettlement costs are guaranteed by the State. These costs include: compensation, support, and resettlement payments when the State reclaims land; costs for organizing the implementation of compensation, support, and resettlement; and other costs."

Clause 4 of Article 38 of Government Decree No. 71/2024/ND-CP dated June 27, 2024, on land prices stipulates:

4. Funding for organizing the construction, adjustment, amendment, and supplementation of land price tables, determining specific land prices, appraising, monitoring, and updating land prices shall be allocated from recurrent expenditure sources as prescribed by the Law on State Budget.

Point c, Clause 4, Article 27 and points a, b, and c, Clause 2, Article 28 of Government Decree No. 88/2024/ND-CP dated July 15, 2024, regulating compensation, support, and resettlement when the State recovers land, stipulate:

Article 27. Costs for ensuring the organization and implementation of compensation, support, and resettlement.

... 4. The content of the costs for ensuring the organization and implementation of compensation, support, and resettlement as stipulated in Clause 1 of this Article includes:

... c) Costs of preparing, appraising, approving, and publicly disclosing compensation, support, and resettlement plans, from the stage of calculating and determining the compensation and support levels to the stage of approving the plan and publicly announcing the compensation, support, and resettlement plan;

Article 28. Funding for compensation, support, and resettlement.

2. The costs for compensation, support, and resettlement when the State reclaims land for project implementation are regulated as follows:

a) The costs of compensation, support, and resettlement are included in the total investment of the project;

b) Ministries and sectors are responsible for ensuring the funding for compensation, support, and resettlement for investment projects implemented by the ministries and sectors that fall under the authority of the National Assembly to decide on investment policies, the Prime Minister to approve and decide on investments, and projects where the ministries and sectors are the investors or have investment decisions;

c) The provincial People's Committee is responsible for ensuring the funding for compensation, support, and resettlement for projects under the authority of the provincial People's Council and projects specified in point b of this clause, but assigning responsibility to the provincial People's Committee to allocate the funding for compensation, support, and resettlement in accordance with the law;".

Source: https://vtv.vn/kinh-phi-xac-dinh-gia-dat-phuc-vu-boi-thuong-lay-tu-nguon-nao-100260121163404311.htm