Regulations on Land Compensation, Support and Resettlement Chapter Vi Section 2 and Chapter II Decree 47/ND-CP dated May 15, 2014 on Compensation, Support,

The implementation of compulsory inventory enforcement decisions and compulsory land recovery decisions must comply with the following principles:

Firstly, enforcement must be conducted publicly, democratically, objectively, ensuring order, safety, and compliance with legal regulations;

Second, the time to start enforcement is during working hours.

Third, before carrying out compulsory land recovery, the Chairman of the District People's Committee decides to establish an Enforcement Implementation Board (Clause 3, Article 17 of Decree No. 43/ND-CP dated May 15, 2014 of the Government detailing the implementation of a number of articles of the Land Law guides this content as follows:

“The land recovery enforcement board consists of the following members: The Chairman or Vice Chairman of the District People's Committee is the head of the board;

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Members include representatives of the following agencies: finance, natural resources and environment, inspection, justice, construction at district level; the Vietnam Fatherland Front at commune level, the organization in charge of compensation and site clearance, the People's Committee of the commune where the land is located and a number of other members decided by the Chairman of the People's Committee at district level; the Enforcement Committee has the right to force the person subject to enforcement and related persons to leave the enforcement area and move their property out of the enforcement area; if they do not comply, the Enforcement Committee is responsible for moving the person subject to enforcement and related persons out of the enforcement area; in case the person subject to enforcement refuses to receive the property, the Enforcement Committee must make a record and organize the preservation of the property according to the regulations.

provisions of law and notify the property owner to receive the property back;”

Regarding the assignment of responsibilities of organizations and individuals in implementing the decision to enforce land recovery, the People's Committee at the district level is responsible for organizing the enforcement and resolving complaints related to the enforcement according to the provisions of the law on complaints, Clause 6, Article 17.

Decree No. 43/ND-CP dated May 15, 2014 of the Government regulating the settlement of complaints arising from forced land acquisition:

“People whose land is recovered, related organizations and individuals have the right to complain about land recovery according to the provisions of law on complaints.

While there is no decision to resolve the complaint, the decision to recover land and the decision to enforce land recovery must continue to be implemented. In case the competent state agency to resolve the complaint concludes that the land recovery is illegal, the enforcement must be stopped if the enforcement has not been completed; the issued land recovery decision must be annulled and compensation for damage caused by the land recovery decision (if any).

In cases where land recovery is related to the rights and interests of other organizations and individuals in land use according to the provisions of other relevant laws, the State shall proceed with land recovery and enforce the land recovery decision according to regulations without having to wait until the rights and obligations related to land use between the person whose land is recovered and that organization or individual are resolved according to the provisions of relevant laws.”

2.1.2.2. Regulations on land compensation, support and resettlement Chapter VI Section 2 and Chapter II Decree 47/ND-CP dated May 15, 2014 on compensation, support and resettlement when the State acquires land

The principles of land compensation when the State recovers land are specifically and in detail stipulated in Article 74 of the 2013 Land Law, in which the point to note is that compensation is made by allocating land with the same purpose of use as the type of recovered land. If there is no land for compensation, compensation will be made in cash according to the specific land price of the type of recovered land decided by the Provincial People's Committee at the time of the decision to recover the land ;

Article 75 of the 2013 Land Law stipulates 6 specific conditions for compensation.

land when the State reclaims land for socio-economic development purposes in the national and public interest;

The 2013 Land Law stipulates cases where compensation for land and investment costs on remaining land are not allowed when the State reclaims land for socio-economic development purposes for national and public interests (Article 76), compensation for land and investment costs on remaining land when the State reclaims agricultural land and non-agricultural land that is not residential land of households and individuals (Articles 77, 80), compensation for land when the State reclaims residential land (Article 79)...

Along with specific regulations on compensation when the State recovers land, the 2013 Land Law also specifically regulates support when the State recovers land (Article 83), establishes and implements resettlement projects (Article 85), in which it is necessary to pay attention to the regulation that the Provincial People's Committee and the District People's Committee are responsible for organizing the establishment and implementation of resettlement projects before land recovery.

2.1.2.3. Regulations on compensation for damage to property, production and business

The 2013 Land Law has established a separate section (Section 3, Chapter VI) on compensation for property, production and business damage. The principles of compensation for property, production and business damage include:

First, when the State reclaims land and the legal owner of property attached to the land suffers property damage, compensation will be provided;

Second, when the State reclaims land and organizations, households, individuals, overseas Vietnamese, and foreign-invested enterprises have to stop production and business and suffer damage, they will be compensated for the damage.

Third, specific regulations on compensation for damage to houses and construction works on land when the State reclaims land (Article 89), compensation for trees

Planting and livestock (Article 90), compensation for moving costs when the State reclaims land (Article 91).

Fourth, One of the important new contents of the 2013 Land Law is the regulation on the payment of compensation, support and resettlement (Article 93), accordingly: In case the agency or organization responsible for compensation is late in payment, when paying compensation and support to the person whose land is recovered, in addition to the compensation and support according to the compensation, support and resettlement plan approved by the competent authority, the person whose land is recovered shall also be paid an additional amount equal to the late payment fee as prescribed by the Law on Tax Administration calculated on the amount of late payment and the time of late payment.

2.1.3. Regulations on land allocation, land lease, land use purpose conversion and land use rights auction in land development and exploitation for socio-economic development

If regulations on planning, land use plans; land recovery, requisition, compensation, support and resettlement will help the state create and develop land funds, regulations on land allocation, land lease, and land use purpose conversion will be the legal corridor for the state to manage land funds to serve socio-economic development.

On land allocation, land lease, land use purpose change (Chapter V), including 9 Articles (from Article 52 to Article 60) and Chapter IV of Decree No. 43/2014/ND-CP dated May 15, 2014 of the Government.

On cases of land allocation, land lease for development, land fund exploitation for socio-economic development

The 2013 Land Law has these provisions to ensure greater equality in access to land funds for economic sectors, especially between domestic and foreign investors, ensuring economical and effective land use, specifically, through provisions such as:

Regulations on foreign-invested enterprises are also subject to the State's allocation of land with land use fees to implement investment projects to build houses for sale or for sale combined with lease (Clause 3, Article 55);

Regulations stipulate that domestic economic organizations, households and individuals also have the right to choose to rent land and pay annual land rent or pay land rent at once for the entire lease term (Clause 1, Article 56);

Regulations on economic organizations, self-financed public service organizations, overseas Vietnamese, and foreign-invested enterprises are all subjects eligible to be leased land by the State to build public works (Point e, Clause 1, Article 56);

Regulations on economic organizations that are assigned land by the State to implement cemetery infrastructure investment projects to transfer land use rights associated with infrastructure are cases of land allocation with land use fee collection (Clause 4, Article 55).

The above regulation will establish more equality in accessing land funds between domestic investors and foreign investors; domestic investors and foreign investors are both entitled to apply the form of land allocation with land use fees to implement housing investment projects for sale or combined with leasing; the remaining cases are entitled to apply the form of annual land payment or one-time land lease payment for the entire lease term.

These regulations help the law manage land funds to serve socio-economic development in accordance with the international integration policies of our Party and State in the current period, contributing to attracting a huge amount of international investment capital for the overall socio-economic development of the country.

On the basis of land allocation, land lease, and land use purpose conversion to develop land funds for socio-economic development

Article 52 of the Land Law specifically stipulates that land allocation, land lease, and permission to change land use purposes must be based on the Land Use Plan.

Every year at the district level, this new regulation contributes to more closely managing the decision of the People's Committee at competent level to allocate land, lease land, and allow change of land use purpose to ensure land fund for economic development.

- society is used and exploited economically and effectively. Therefore, Clause 4, Article 40 stipulates: The content of the annual land use plan of the district level must determine the location and area of land to be recovered to implement works and projects using land for the purposes specified in Articles 61 and 62 of this Law in the planning year for each commune-level administrative unit. For technical infrastructure projects, construction, urban and rural residential area renovation, it is necessary to simultaneously determine the location and area of land to be recovered in the vicinity to auction land use rights to implement housing, trade, service, production and business projects (Point c, Clause 4, Article 40) and create a map of the annual land use plan of the district level (Point d, Clause 4, Article 40).

In order to ensure sufficient basis for land allocation, land lease, and land use purpose conversion. In addition, one of the bases for land recovery for socio-economic development purposes for national and public interests as prescribed in Clause 2, Article 63 is the annual land use plan of the district level approved by a competent state agency.

On the conditions for land allocation, land lease, and change of land use purpose to exploit and develop land funds to serve socio-economic development

To overcome the situation where many investment projects after being allocated land, leasing land but not using, slow to put land into use, causing waste of land fund in general, land fund serving socio-economic development in particular, which has happened quite commonly in localities in the recent period, the 2013 Land Law has regulations to strictly control land allocation, land leasing, and permission to change land use purposes such as:

Article 58 stipulates the conditions for land allocation, land lease, and permission for land transfer.

Land use purposes for implementing investment projects. It stipulates two types of conditions: the first condition applies to competent authorities in deciding on land allocation, land lease, and land use purpose conversion (Clause 1 and Clause 2), aiming to ensure security, national defense, strictly protect rice-growing land, protective forest land, and special forest land, ensure national food security and protect the ecological environment, and adapt to climate change. The second condition applies to investors applying for land allocation, land lease, and land use purpose conversion, such as having financial capacity, having a deposit, and not violating the law (Clause 3), aiming to overcome the situation where many localities have allocated and leased land but investors do not use the land, are slow to put the land into use, leading to waste of land funds, causing public outrage.

Regulations on cases of converting land for construction of public works, land used for public purposes with business purposes, land for non-agricultural production and business that is not commercial or service land to commercial or service land; converting commercial or service land, land for construction of public works to non-agricultural production land also requires permission from competent authorities (Point g, Clause 1, Article 57).

With the above regulations on conditions for land allocation, land lease, and land use conversion, the State has created a legal corridor to help land funds in general and land funds serving socio-economic development in particular to be used effectively, avoiding waste and loss of land funds serving socio-economic development.

On the authority to allocate land, lease land, and change land use purposes to exploit and develop land funds to serve socio-economic development

Article 59 of the 2013 Land Law stipulates that the People's Committees at the provincial level and the People's Committees at the district level both have the right to decide on land allocation, land lease, and change of land use purpose; the People's Committees at the commune level also have the right to decide on land allocation, land lease, and change of land use purpose.

Land lease rights but only for agricultural land used for public purposes of the commune.

The decision to allocate or lease land for land currently in use to others under the 2013 Land Law has been supplemented more fully and clearly in Article 53: The State's decision to allocate or lease land for land currently in use to others shall only be implemented after the competent State agency has decided to reclaim the land in accordance with the provisions of this Law and must complete the compensation, support and resettlement in accordance with the provisions of law in cases where site clearance is required. This provision requires that when the State exploits and develops land funds through the decision to allocate or lease land for land currently in use to others, it must ensure that there are sufficient conditions for having a decision to reclaim land from a competent State agency and that the land area has completed the compensation, support and resettlement in accordance with the provisions of law. In addition, Article 14, Chapter IV of Decree 43/ND-CP mentioned above stipulates in detail the conditions for those who are allocated land by the State, leased land, or permitted to change land use purposes to implement investment projects.

Regulations on auction of land use rights in land fund management for socio-economic development

The provisions of the current Land Law have specific provisions as follows:

Clearly stipulate the principles of land use rights auctions that must be public, continuous, objective, honest, equal, protect the legitimate rights and interests of the participating parties; follow the correct order and procedures as prescribed by the law on land and the law on property auctions (Article 117 of the 2013 Land Law).

Specific regulations on conditions for organizing auctions of land use rights

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