Ho Chi Minh City: 20-step process of the Commune People's Committee in implementing compensation, support, and resettlement when reclaiming land

Ho Chi Minh City issued a 20-step guide for the People's Committees at the commune level (local authorities at two levels) to carry out compensation, support, and resettlement when the State reclaims land in the city.

Ho Chi Minh City guides the People's Committees at the commune level to carry out compensation, support, and resettlement when the State reclaims land through 20 steps . Photo: Quang Phuong

Ho Chi Minh City People's Committee has just issued Document No. 2033/UBND-DT on coordination in implementing compensation, support, and resettlement (BT-HT-TDC) when the State reclaims land (THD) in the city, when implementing 2-level local government.

Accordingly, the Chairman of the City People's Committee assigned the Heads of departments, branches, sectors, project investors, relevant units, and Chairmen of the People's Committees of 168 communes, wards, and special zones with projects to follow the instructions on procedures and coordination in Document No. 6082/SNNMT-BTTDC dated September 19, 2025 of the Department of Agriculture and Environment (NN-MT). The implementation of the instructions aims to ensure the disbursement of public investment capital (compensation capital) according to the direction of the City People's Committee in Plan No. 1451/KH-UBND dated March 6, 2025.

In Ho Chi Minh City, many projects are stuck in land acquisition and site clearance issues. Photo: Quang Phuong

Regarding the above issue, in Document No. 6082/SNNMT-BTĐC, the Department of Agriculture and Environment has guided the procedures and coordination work... including 20 steps.

Step 1 : The Chairman of the Commune People's Committee issues the project's implementation plan including the contents specified in Clause 1, Article 28 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government (within 10 days of receiving the document with project dossier sent by the investor).

Step 2 : Organize a meeting with people whose land is in the recovery area (to discuss contents such as: information about the project, compensation-support-relocation policies; expected content of the compensation-support-relocation plan...).

In parallel with Step 2 is the establishment of the project's Compensation-Restitution-Restitution Council ( Step 3 ) and Step 4 : Determine specific land prices to establish a Compensation-Restitution-Restitution plan according to the provisions in Section III, Part IV, Appendix I, Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government.

When operating the two-level local government model, the People's Committee at the commune level will carry out the tasks of compensation, support, and resettlement when the State reclaims land. Photo: Quang Phuong

Step 5 : Issue the Notice of Land Acquisition and send the Notice of Land Acquisition (within 5 days) to the person whose land is to be acquired.

Step 6 : Organize investigation, survey, measurement, and inventory (within 30 days, excluding the time for mobilization, persuasion, and enforcement in cases where the landowner or property owner does not cooperate). The Chairman of the Commune People's Committee issues a decision to enforce the compulsory inventory decision in cases where the landowner or property owner does not comply with the compulsory inventory decision and organizes enforcement according to regulations).

Step 7 : Confirm the origin and legal status of the house, land and assets attached to the land to determine whether the land user is eligible for compensation or not (done within 15 days from the date of receiving the dossier transferred by the unit or organization performing the compensation, support and resettlement tasks). The People's Committee at the commune level performs.

Land clearance is very important for projects. In the photo, there was a problem with land clearance at the Ho Chi Minh City - Thu Dau Mot - Chon Thanh expressway project.

Step 8 : Issue decisions on other measures and support levels as prescribed in Clause 2, Article 108 of the Land Law, Clause 7, Article 12 and Clause 9, Article 13 of Decree 88/2024/ND-CP (implemented in parallel with Step 7).

Step 9 : Prepare a draft BT-HT-TDC plan (within 15 days) according to the provisions of Clauses 1 and 2, Article 3 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government.

Step 10 : Organize public posting of the draft BT-HT-TDC Plan of the project (within 30 days).

Next, Step 11 : Conduct consultation on the draft BT-HT-TDC plan (within 20 days, immediately after the posting period ends).

Step 12 : Appraisal of BT-HT-TDC plan.

Step 13 : Decision to approve the BT-HT-TDC plan (The agency with the function of managing land at the commune level submits to the Chairman of the People's Committee at the commune level the decision to approve the BT-HT-TDC plan).

Step 14 : Disseminate and publicly post the decision approving the BT-HT-TDC plan (within 7 days).

Parallel to Step 14 is: Send the compensation plan ( Step 15 ) to each person whose land is recovered, the owner of the property attached to the land, and the person with related rights and obligations. In which, clearly state the compensation level, resettlement house or land arrangement (if any), time and place of payment of compensation...

Next, within 30 days, the unit or organization performing the BT-HT-TDC task shall carry out BT-HT-TDC ( Step 16 ).

Step 17 : The Chairman of the People's Committee at the commune level issues a decision on land use rights according to regulations (within 3 days).

Step 18 : In case the person whose land is recovered or the owner of the property attached to the land does not agree or does not cooperate in implementing the BT-HT-TDC plan, the People's Committee at the commune level shall preside over and coordinate with the Vietnam Fatherland Front Committee of the commune to organize mobilization and persuasion. After 10 days of mobilization, if the person whose land is recovered does not agree or does not cooperate in implementation, the Chairman of the People's Committee at the commune level shall issue a decision on land recovery.

Step 19 : In case the person whose land is recovered does not hand over the land to the unit or organization performing the BT-HT-TDC task, the People's Committee at the commune level shall preside over and coordinate with the Vietnam Fatherland Front Committee at the commune level to mobilize and persuade (expressed in writing). If there is no agreement, the Chairman of the People's Committee at the commune level shall issue a decision on compulsory recovery and organize the enforcement according to the provisions of Article 89 of the Land Law.

Step 20 : Management of recovered land fund.

Source: https://daibieunhandan.vn/tp-ho-chi-minh-quy-trinh-20-buoc-cua-ubnd-cap-xa-trong-thuc-hien-boi-thuong-ho-tro-tai-dinh-cu-khi-thu-hoi-dat-10387769.html