Ho Chi Minh City: 3 commune-level milestones to note when compensating for land acquisition, support, and resettlement

When carrying out compensation, support, resettlement and land recovery procedures according to the 2024 Land Law, the People's Committee at the commune level needs to pay attention to the time of issuance of the land recovery notice; the time of issuance of the decision approving the compensation, support and resettlement plan and the time of issuance of the land recovery decision.

The Department of Agriculture and Environment of Ho Chi Minh City guides the People's Committees at the commune level to carry out compensation and land recovery to serve public investment projects in 2025. Photo: Quang Phuong

The Department of Agriculture and Environment (DARD) of Ho Chi Minh City has just issued Document No. 11811/SNNMT-BTTDC on guiding the People's Committees of wards and communes and investors to carry out procedures related to compensation, support and resettlement (R&D) to ensure the progress of disbursement of public investment capital (PIC) in 2025 for a number of works and projects in the city.

Projects such as: Upgrading and expanding National Highway 1; renovating and upgrading National Highway 22, building Binh Tien Bridge; Component Project 2: Compensation, support, resettlement and site clearance for dredging projects, environmental improvement, infrastructure construction of Van Thanh canal and other projects...

The Department of Agriculture and Environment guides: Legal regulations on land related to compensation, support, resettlement, and land recovery (LRE) are stipulated in Clause 1, Article 80 of the 2024 Land Law (LRL); Clause 1, Article 28 of Decree No. 102/2024/ND-CP.

The Department of Agriculture and Environment notes three milestones in the process of land acquisition, compensation, and resettlement. Photo: Quang Phuong

The order and procedures for compensation and support for resettlement are prescribed in Article 87 of the 2024 Land Law; publicly posting plans, organizing consultations and dialogues with people whose land is recovered are prescribed in Clause 3, Article 87 of the 2024 Land Law; organizing the implementation of approved compensation, support and resettlement plans, and land acquisition decisions are prescribed in Clauses 5 and 6, Article 87 of the 2024 Land Law.

The Department of Agriculture and Environment notes: Based on the above regulations, regarding compensation, support, resettlement and land acquisition, there are 3 milestones and deadlines that need to be noted in the process of implementing land law regulations; at the same time, ensuring the city's public investment disbursement plan: Time of issuance of land recovery notice; time of issuance of decision approving compensation, support and resettlement plan; time of issuance of land acquisition decision.

According to the Department of Agriculture and Environment, the notice of land use rights is issued when meeting the basis prescribed in Clause 1, Article 80 of the 2024 Land Law. Accordingly, in case the project is not included in the annual district-level land use plan, according to the law on public investment and the law on investment under the public-private partnership method, there must be an investment decision or a decision approving the investment project by a competent authority to ensure the legal basis for issuing the notice of land use rights.

The Department of Agriculture and Environment noted that the People's Committees at the commune level must ensure the deadline for public posting of contents related to compensation, support, resettlement and land acquisition. Photo: Quang Phuong

When issuing a decision on land acquisition, it is necessary to ensure that the time limit from sending the notice of land acquisition to the time of land recovery is 90 days for agricultural land and 180 days for non-agricultural land as prescribed in Clause 1, Article 85 of the 2024 Land Law.

After the draft compensation, support and resettlement plan is prepared, the draft plan must be publicly posted (30 days). At the end of the public posting period, the organization will collect opinions and hold dialogue with people whose land is recovered (60 days).

Therefore, to issue a decision approving the compensation, support and resettlement plan, the total time for the draft plan must be publicly posted, opinions must be collected and dialogue with people whose land is recovered must be held within 90 days.

The Department of Agriculture and Environment also reminded the People's Committee at the commune level about land prices (in the same project) when implementing compensation, to ensure fairness between those whose land was recovered first and those who did not agree. Photo: Quang Phuong

In cases where land users do not agree, it is also necessary to ensure the deadline for public posting, organizing consultations, dialogues, etc. according to the above deadline. Therefore, the issuance of a decision approving the compensation, support, and resettlement plan in 2025 does not ensure the regulations on the time to implement the steps of the 2024 Land Law.

In case the People's Committee at the commune level completes the survey, measurement, counting, determination, and appraisal of specific land prices for compensation, establishes a cadastral map extract to serve compensation, support, resettlement work (current location drawings, land and houses), confirms legal documents of land and houses, and mobilizes land users to agree to recover land before the deadline, it can issue a decision approving the compensation, support, and resettlement plan for cases of agreement in December 2025, ensuring the city's disbursement progress.

The Department of Agriculture and Environment requests the People's Committees of 168 wards, communes, and special zones to establish a Steering Committee and a Commune-level Mobilization Team to implement the compensation and resettlement contents (mentioned above); during the implementation process, it is necessary to pay attention to the compensation land price in a project (compensation land price is the specific land price according to Point e, Clause 1, Article 160 of the 2024 Land Law) in accordance with the compensation land price, and issue a decision approving the compensation, support, and resettlement plan for cases of disagreement in 2026.

Source: https://daibieunhandan.vn/tp-ho-chi-minh-3-moc-cap-xa-can-luu-y-khi-boi-thuong-thu-hoi-dat-ho-tro-tai-dinh-cu-10395830.html