DECISION

COMPENSATION, ASSISTANCE, AND RELOCATION UPON LAND EXPROPRIATION IN HO CHI MINH CITY

THE PEOPLE'S COMMITTEE OF HO CHI MINH CITY

Pursuant to the Law on Organization of Local Government dated June 19, 2015;

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Law on Housing dated November 25, 2014;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to the Government’s Decree No. 14/2014/ND-CP dated February 26, 2014 elaborating the Electricity Law regarding electricity safety;

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Pursuant to the Government’s Decree No. 44/2014/ND-CP dated May 15, 2014 on land price;

Pursuant to the Government’s Decree No. 45/2014/ND-CP dated May 15, 2014 on the collection of land use levy;

Pursuant to the Government’s Decree No. 45/2014/ND-CP dated May 15, 2014 on the collection of land rent and water surface rent;

Pursuant to the Government’s Decree No. 47/2014/ND-CP dated May 15, 2014 on compensation, assistance and relocation upon land expropriation;

Pursuant to the Government’s Decree No. 102/2014/ND-CP dated November 10, 2014 imposing penalties for land-related administrative violations;

Pursuant to the Government’s Decree No. 104/2014/ND-CP dated November 14, 2014 on the land price bracket;

Pursuant to the Government’s Decree No. 35/2015/ND-CP dated April 13, 2015 on management and use of paddy land;

Pursuant to the Government’s Decree No. 99/2015/ND-CP dated October 20, 2015 on guidelines for the Law on Housing;

Pursuant to the Government’s Decree No. 135/2016/ND-CP dated May 15, 2014 on amendments and supplements to a number of Articles of Decrees on land levy, land and water surface rents;

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Pursuant to the Government’s Decree No. 167/2017/ND-CP dated December 31, 2017 on disposition of public property;

Pursuant to the Decree No. 37/2014/TT-BTNMT dated June 30, 2014 of the Ministry of Natural Resources and Environment elaborating compensation, assistance and relocation upon land expropriation;

Pursuant to the Government’s Decree No. 33/2017/TT-BTNMT dated September 29, 2017 of the Ministry of Natural Resources and Environment on elaboration of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017 on amendments to the Decrees on the implementation of the Land Law and amendments to some Articles of the Circulars providing guidelines for the Land Law;

Pursuant to the Government’s Decree No. 37/2018/TT-BTC dated April 16, 2018 of the Ministry of Finance on guidelines some contents concerning disposition of land and houses specified in the Government's Decree No. 167/2017/ND-CP dated December 31, 2017 on disposition of public property;

At the request of the Directors of Departments of Natural Resources and Environment in Documents No. 2448/TTR-STNMT-BTTDC dated March 10, 2018, No. 5737/TTr-STNMT-BTTDC dated June 15, 2018 and No. 6786/TTr-STNMT-BTTDC dated July 17, 2018; comments of the Departments of Justice in the Official Dispatches No. 10617/STP-VB dated October 20, 2017 and No. 1244/STP-VB dated February 07, 2018.

HEREBY DECIDES:

Article 1. Regulations on compensation, assistance and relocation upon land expropriation in Ho Chi Minh City are promulgated together with this Decision.

Article 2. Transition

1. This Decision does not apply to the projects and items that have provided the compensation, assistance and relocation before the effective date of this Decision;

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Article 3. Effect

1. This Decision comes into from August 19, 2018.

2. This Decision replaces the Decision No. 23/2015/QD-UBND dated May 15, 2015 of the People’s Committee of Ho Chi Minh City on compensation, assistance and relocation upon land expropriation in Ho Chi Minh city.

Article 4. Chief of Office of the People’s Committee of Ho Chi Minh city, Presidents of People’s Committees of districts and communes, heads of organizations, relevant households and individuals are responsible for implementing this Decision./.

ON BEHALF OF THE PEOPLE’S COMMITTEE OF HO CHI MINH CITY
PP. PRESIDENT
DEPUTY PRESIDENT




Tran Vinh Tuyen

REGULATIONS

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Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This document provides for compensation, assistance and relocation within the power of the People’s Committee of Ho Chi Minh City (hereinafter referred to as “HCMC People's Committee”):

a) When the State expropriates land as prescribed in Articles 61 and 62 Points dd and e Clause 1 Article 65 of the 2013 Land Law; Article 99 of the Decree No. 43/2014/ND-CP; Clause 4 Article 34 of the Decree No. 47/2014/ND-CP and Clause 60 Article 2 of the Circular No. 01/2017/ND-CP;

b) When the State constructs public, national defense and security works with safety corridors without expropriating the land within safety corridors as prescribed in Article 94 of the 2013 Land Law.

2. This Decision does not apply to the case in which compensation, assistance and relocation are provided to renovate and re-construct severely damaged apartment buildings at risk of collapse and apartment buildings at dangerous level D provided in Section 5.3.2.3 of TCVN 9381:2012.

3. Vietnam’s commitment on policy framework for compensation, assistance and relocation shall apply to projects funded by loans granted by international or foreign organizations.

Article 2. Regulated entities

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2. Land users set forth in Article 5 of the 2013 Land Law in case of land expropriation.

3. Other organizations and individuals related to compensation, assistance and relocation in case of land expropriation.

Article 3. Tasks assigned to People’s Committees of districts

HCMC People’s Committee shall assign People’s Committees of districts to perform the following tasks:

1. Selling prices, rents and lease-purchase prices of relocation apartments (including social housing) shall be appraised and approved.

2. In the cases the relocation of residential communities resulted from execution of investment projects whose investment guidelines are decided by the National Assembly and approved by the Prime Minister affects life and socio-economic activities as well as cultural traditions of the communities; the land expropriation project involves multiple provinces and central-affiliated cities, People’s Committee of districts shall:

a) according to the compensation, assistance and relocation plan approved by ministries, organize the tailoring, appraisal and approval of the compensation, assistance and relocation plan for the projects locally executed after the written consent of ministries that have investment projects is obtained;

b) take responsibility for organizing implementation of the compensation, assistance and relocation plan tailored for approved projects locally executed;

c) notify HCMC People’s Committee, which will estimate expenditures on compensation, assistance and relocation and submit it to ministries that have investment projects after completing the provision of compensation, assistance and relocation, and expropriation of land of the project.

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Compensating bodies in Ho Chi Minh City include: Land Development Center of Ho Chi Minh city, compensation councils of projects (hereinafter referred to as “the compensation council”) and compensating bodies of districts.

Chapter II

COMPENSATION FOR LAND

Article 5. Rules for compensation for land in case of land expropriation (specified in Article 74 of the 2013 Land Law)

1. Upon land expropriation, land users who meet the eligibility requirements prescribed in Article 75 of the 2013 Land Law shall receive compensation.

2. The compensation shall be provided by allocating land with the same purpose as that of the expropriated land. If there is no land available for compensation, compensation shall be provided in cash at the land price of the type of expropriated land which is decided by the People’s Committee of Ho Chi Minh City at the time of issuance of the decision on land expropriation.

3. The compensation upon land expropriation must be provided in a democratic, impartial, equal, public, timely and lawful manner.

Article 6. Determination of land pricing coefficients as the basis for calculation of compensation, assistance and relocation upon land expropriation (specified in Article 114 of the 2013 Law Land, Article 18 of the Decree No. 44/2014/ND-CP and Articles 31, 32 of the Circular No. 36/TT-BTNMT).

After establishing the compensation council, the Department of Natural Resources and Environment or the authorized People’s Committee of district shall survey and inspect or hire a consultancy unit licensed to provide land valuation service to inspect and survey popular land price in the market in order to propose a land pricing coefficient to form a basis for calculation of compensation, assistance and relocation, submit a report on the land pricing coefficient to the Department of Natural Resources and Environment that will take charge and cooperate with relevant units in considering and submitting the report to the Land Valuation Council of Ho Chi Minh City for valuation and approval.

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1. In the case of remaining investment in land without documentary evidence (specified in Point a Clause 3 Article 3 of the Decree No. 47/2014/ND-CP), compensation therefor shall be paid as follows:

a) Regarding farming land:

- Farming land for perennial plants: 50,000 VND per m²;

- Farming land for annual plants: 40,000 VND per m²;

b) Regarding aquaculture land:

- Specialized aquaculture: 50,000 VND per m².

- Semi-specialized aquaculture: 30,000 VND per m².

c) Regarding land for salt production: 11,400 VND per m².

d) Regarding protection forest land, reserve forest land and production forest land: 25,000 VND per m².

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2. Regarding the remaining investment in land with documentary evidence, in case where the compensation for such remaining investment in lade has been determined but lower than the compensation specified in Clause 1 of this Article, the People’s Committee of the district shall consider providing an additional compensation equal to the aforementioned compensation.

Article 8. Compensation for land upon homestead land expropriation (specified in Article 79 of the 2013 Land Law; Article 6 of the Circular No. 47/2014/ND-CP; Article 4 of the 37/TT-BTMNT)

1. The homestead land area that remains after expropriation and is not suitable for residential purposes (specified in Points a and b Clause 1 Article 6 of the Decree No. 47/2014/ND-CP”) is ineligible for being issued with a construction permit (including the fixed-term construction permit) as prescribed.

2. If multiple generations or multiple couples in a household specified in Clause 1 Article 6 of the Decree No. 47/2014/ND-CP live on the same expropriated homestead land plot, which is eligible to be partially divided into each separate household in accordance with regulations of Law on Residence or multiple households have the right to use the same homestead land plot, the People’s Committee of the district shall, according to local actual conditions, consider selling a land plot to each household that is eligible for household separation (or that has the right to use the same homestead land plot):

a) If apartments are available for relocation, one (01) relocation apartment shall be provided at the approved relocation price.

b) If land plots are available for relocation, one (01) land plot shall be provided at the approved relocation price but the total area of provided homestead land must not exceed the area of expropriated homestead land.

c) Regarding cases specified in Points a and b of this Clause, if there are disadvantaged households, they may be eligible to make a deferred or installment payment in accordance with Clause 4 Article 36 of this document.

Article 9. Compensation for land when the State expropriates non-homestead non-farming land of households and individuals (specified in Article 80 of the 2013 Land Law; Clause 3 and Clause 5 Article 7 of the Decree No. 47/2014/ND-CP)

1. If a household or individual that is using a piece of non-homestead non-farming land leased out by the State, and pays a lump sum land rent for the entire lease term but eligible for exemption from land rent thanks to the policy tailored for people with meritorious services to the revolution and is using non-farming land, such household or individual is entitled to receive compensation in the form of land. The compensation shall be provided by leasing out land with the same purpose as that of the expropriated land. If there such land is not available, the compensation will be provided in cash according to the remaining land use term.

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Article 10. Compensation and assistance for land of religious establishments and folk religious establishments (specified in Clause 3 Article 78 of the 2013 Land Law and Article 5 of the Decree No. 47/2014/ND-CP)

1. Regarding land that is being stably used by a religious establishment or folk religious establishment, if the land is allocated by the State and land levy or land rent is not required to be paid, only the remaining investment in land shall be reimbursed.

2. If the land that is being used by a religious establishment was gained through transfer or donation which is made by a household, individual or organization before July 01, 2014 and eligible to be granted the land use right, compensation and assistance shall be provided as follows:

a) Regarding the land area where a pagoda, cathedral, oratory, chancel, monastery or a place of worship exists, compensation shall be provided at the price of the land eligible to be granted the land use right and an additional assistance shall be provided so that the total compensation plus (+) the additional assistance equal the price of the land at adjacent location specified in the approved compensation, assistance and relocation policy tailored for the project (hereinafter referred to as “the approved compensation policy”).

b) Regarding the land area where auxiliary works and landscape works associated with a main architecture within the same area, compensation shall be provided at the price of the land eligible to be granted the land use right and an additional assistance shall be provided so that the total compensation plus (+) the additional assistance equal the price of the non-homestead non-farming land at adjacent location specified in the approved compensation policy.

c) Regarding the land area that is being lawfully used for the purposes of agriculture production, forestry production, non-agricultural business and production or performance of charitable activities, the compensation or assistance shall be provided according to regulations and is the same as that provided for the type of land of a household or individual.

3. If the land that is being used by a folk religious establishment was gained through transfer or donation which is made by a household, individual or organization before July 01, 2014 and eligible to be granted the land use right, compensation and assistance shall be provided as follows:

a) Regarding the land area where a communal house, temple or temple architecture dedicated to serve the worship:

- If the land is homestead land, the compensation provided equals (=) price of homestead land at adjacent location specified in the approved compensation policy; if the price of homestead land at adjacent location, compensation shall be provided at the price of homestead land at the location in the nearest vicinity.

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b) Regarding the land area where auxiliary works and landscape works associated with a main architecture within the same area, compensation shall be provided at the price of the land eligible to be granted the land use right.

c) Regarding the land area that is being used for the purposes of agriculture production, forestry production, non-agricultural business and production or performance of charitable activities, compensation or assistance shall be provided according to regulations and the same as that provided for the type of land of a household or individual.

4. If the land that is being used by a religious establishment or folk religious establishment was gained through transfer or donation from July 01, 2014 onwards or is ineligible to be granted the land use right, only assistance in land shall be provided according to regulations and type of land prior to transfer or donation.

5. Compensation and assistance in the form of land specified in Clauses 1, 2, 3 and 4 of this Article shall be provided in person if the applicant is a religious establishment or to a legal representative after obtaining the assenting opinion from the Vietnamese Fatherland Front Committee of a district if the applicant is a folk religious establishment.

Article 11. Assistance provided in case of ineligibility for compensation for land

In the cases where a household or individual using land is ineligible for compensation for land as prescribed in Article 75 of the 2013 Law Land and Article 13 of the Decree No. 47/2014/ND-CP, based on the land origin, land use process, reasons for ineligibility, date on which such land is employed, assistance shall be provided as follows:

1. If a household or individual has been using a specific land area before July 01, 2014 without documents about such area and has not violated the Land Law but is ineligible to be granted a certificate of land use right and ownership of houses and other properties on land as prescribed in Clause 7 Article 20 of the Decree No. 43/2014/ND-CP, assistance shall be provided as follows:

a) Regarding homestead land:

- In case of use of land prescribed in Point a Clause 1 Article 20 of the Decree No. 43/2014/ND-CP, the assistance in the form of land is 100% of the price of homestead land as the basis for determination of compensation, the land area eligible for assistance is actual area of homestead land but must not exceed the maximum limit imposed by HCMC People's Committee; the assistance for the excess area (if any) is 100% of the price of farming land which is the basis for determination of compensation according to the compensation policy.

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b) If the land where construction works are located is used for production, commercial activities or provision of non-farming services:

In case of use of land prescribed in Point b Clause 1 and Point b Clause 2 Article 20 of the Decree No. 43/2014/ND-CP, the assistance in the form of land is 100% of the price of land used for non-agricultural production and business as the basis for determination of compensation according to the compensation policy but must exclude the financial obligations as prescribed.

c) Regarding land stably used under the category of farming land before July 01, 2004:

- In case a household or individual uses farming land as prescribed in Points a and b Clause 5 Article 20 of the Decree No. 43/2014/ND-CP, the assistance in the form of land is 100% of the price of farming land as the basis for determination of compensation according to the approved policy with respect to the land area currently in use but must not exceed 30,000 m² per household. For the excess area, the remaining investment in land shall be reimbursed as prescribed in Clauses 2, 3 and 4 Article 3 of the Decree No. 47/2014/ND-CP, Article 3 of the Decree No. 37/2014/TT-BTNMT and Article 7 of this document.

- In case a household or individual repurposes farming land as non-farming land without permission, they shall receive an assistance in the form of farming land (the farming land before the repurposing) equal to 100% of the price of farming land as the basis for determination of compensation according to the compensation policy but must not exceed 30,000m² per household. For the excess area, the remaining investment in land shall be reimbursed as prescribed in Clauses 2, 3 and 4 Article 3 of the Decree No. 47/2014/ND-CP, Article 3 of the Decree No. 37/2014/TT-BTNMT and Article 7 of this document.

d) In case the current user of land acquired from transfer or inheritance or donation of the land use right has the documents prescribed in Clause 54 Article 2 of the Decree No. 01/2017/ND-CP, such user shall receive an assistance as prescribed in Points a, b and c of this Clause.

2. Assistance in the form of land in case a household or individual uses land gained through illegal occupation:

a) Regarding homestead land:

- In case of use of the land before October 15, 1993, the assistance is 40% of the price of homestead land as the basis for determination of compensation with respect to the land area eligible for assistance which is actual area of homestead land but must not exceed the maximum limit imposed by HCMC People's Committee; the assistance for the excess area (if any) is the same as that for the farming land as specified in Point c of this Clause.

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b) Regarding household or individual’s land intended for production, business, commercial activities or non-farming services, assistance is the same as that for the farming land as prescribed in Point c of this Clause.

c) Regarding farming land:

- In case of use of the land before October 15, 1993, the assistance is 100% of the land price set by HCMC People's Committee; the land area eligible for assistance is actual area of land in use but must not exceed 30,000m² per household; the remaining area of land (if any) shall not be eligible for assistance.

- In case of use of the land before October 15, 1993 to before July 01, 2004, the assistance is 80% of the land price set by HCMC People's Committee; the land area eligible for assistance is actual area of land in use but must not exceed 30,000m² per household; the remaining area of land (if any) shall not be eligible for assistance.

d) In the cases where the land was gained through illegal occupation from July 01, 2004 onwards, compensation and assistance in the form of land shall not be provided.

3. In case a household or individual using self-reclaimed farming land as prescribed in Clause 4 Article 22 of the Decree No. 43/2014/ND-CP, the assistance in the form of land is 100% of the price of farming land as the basis for determination of compensation according to the approved compensation policy; the land area eligible for assistance is actual area of land in use but must not exceed 30,000m² per household.  For the excess area, the remaining investment in land shall be reimbursed as prescribed in Article 76 of the 2013 Land Law, Article 3 of the Decree No. 47/2014/ND-CP, Article 3 of the Decree No. 37/2014/TT-BTNMT and Article 7 of this document.

4. In case land that was rivers, canals, springs and special-use water surface is illegally occupied and repurposed, follow the instructions below:

a) For the illegally occupied land that was small ditches located in residential areas and not under the management of the competent authorities, and the leveling does not impact the water drainage in the area, assistance shall be provided in accordance with Points a and c Clause 2 of this Article.

b) Other cases:

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- In the case of partial clearance: an assistance equal to 50% of that prescribed in Point a of this Clause shall be provided.

5. In case the land repurposing requires permission from a competent authority as regulated in the Land Law but a household or individual deliberately repurposes such land without permission from a competent authority, compensation and assistance shall be provided according to regulations on land use and type of land prior to repurposing but must not be lower than the assistance provided in the case where the land is gained from illegal occupation and has the same purpose as the aforementioned land.

6. In case a household or individual uses a house or land that has an area smaller than the minimum area prescribed in Article 39 of this document or is repeatedly cleared, disadvantaged or ineligible to establish a new residence, the President of the People’s Committee of district shall consider and propose an assistance measure and submit it to HCMC People’s Committee.

7. Regarding the area of land inside the building line; within safety corridors of dykes, rivers, ditches and public works

a) Regarding the abovementioned area of land, if such area of land was not recognized by the State when granting the certificate of land use right but is being still used by the land user, the compensation and assistance shall be provided upon expropriation as follows:

- Compensation or assistance may vary according to the type of land.

- If the land is directly managed by the State, only assistance shall be provided as prescribed in Clauses 2 and 3 of this Article.

b) If a state-owned house or land that is within the safety corridor of a dyke, river, ditch or public work was not sold or granted the homestead land use right or house ownership by the State, compensation or assistance shall not be provided.

c) If a state-owned house or land that is inside the building line was neither sold nor granted the homestead land use right or house ownership by the State, assistance shall not be provided as prescribed in Point b Clause 3 Article 26 of this document.

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1. Regarding electrical works:

a) Regarding the homestead land and other types of land that are in the same piece of homestead land, are eligible for compensation and are not subject to land expropriation, if their purposes are not changed but their uses are limited, the land user shall receive a compensation or assistance (lump sum) in the form of land as follows:

- Regarding the area where a house or work is allowed to be built with a height of up to 11m, the compensation or assistance is 80% of the compensation for the same type of land.

- Regarding the area where a house or work is allowed to be built with a height of up to 12m, the compensation or assistance is 70% of the compensation for the same type of land.

b) Regarding the homestead land and other types of land that are in the same piece of homestead land and ineligible for compensation, an assistance of 30% of assistance provided when the eligibility requirements are fully satisfied shall be provided.

c) Regarding farming land for perennial plants, farming land for annual plants, production forest land and aquaculture land, the land user shall receive an assistance of 30% of the compensation or assistance in the form of the same type of land according to regulations on land use and approved compensation policy.

2. Regarding other works, HCMC People’s Committee will impose specific regulations after receiving instructions from relevant ministries.

Article 13. Instructions on some special cases where actual area is different from area written on land use right documents (specified in Article 12 of the Decree No. 47/2014/ND-CP)

1. In the case specified in Clause 4 Article 12 of the Decree No. 47/2014/ND-CP, only assistance in the form of land shall be provided in accordance with Clause 2 Article 11 of this document.:

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Article 14. Compensation for land provided to entities sharing a piece of land (specified in Clause 2 Article 15 of the Decree No. 47/2014/ND-CP)

If the compensation for land among entities sharing a piece of land cannot be distributed or is yet to be distributed, organizations, households and individuals shall reach an agreement.

In case of failure to reach an agreement, the parties shall handle the issue themselves under civil laws The compensation council shall determine the compensation and assistance with respect to the shared piece of land and comply with Article 42 of this document.

Article 15. Assistance for organizations using land inside the announced building line, which has now to be expropriated to execute the project

1. The organizations that use land gained through legal transfer in cash not paid by the state budget, land that is inside the building line in contravention of the land use planning or plan (at the time of receipt of transfer) shall receive assistance according to the type of land and regulations on land use upon receipt of transfer and the rates of compensation or assistance specified in the approved compensation, assistance and relocation.

2. The aforementioned assistance will be provided if the following conditions are met:

a) The transfer of the said area of land to the State is not specified in the decision on expropriation or transfer (leasing) of land to the organization using land;

b) There is no commitment to transfer the land area inside the building line to the State without receiving any compensation or assistance when implementing the plan;

c) The organization using land does not deduct the received value or land area from its financial obligations;

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3. In special case, the People's Committee of the district shall consider and propose an assistance measure and submit it to HCMC People’s Committee for decision.

Article 16. Compensation and assistance with respect to the small remaining land area beyond the expropriation boundary of the project

1. In case, after the expropriation, the remaining area of homestead land of a land user is ineligible to be granted a construction permit as prescribed or the  remaining area of farming land is smaller than the limit on subdivision/severance prescribed by the city and is thus no longer suitable for agricultural production or ineligible for repurposing, if the person whose land is expropriated requests the State to expropriate the remaining area of land, the People’s Committee of the district shall carry out expropriation and provide compensation and assistance for such area of land according to the approved compensation policy tailored the project that is being executed, and shall manage the land area as prescribed. The expenditure on compensation and assistance with respect to such land area shall be included in the project’s budget for compensation.

2. After the compensation, assistance, relocation and land expropriation are done, the People’s Committee of the district shall submit a consolidated report on the remaining land to the Land Development Center of Ho Chi Minh City.

Chapter III

COMPENSATION FOR PROPERTIES

Article 17. Rules for compensation for loss of properties in case of land expropriation (specified in Articles 88 and 89 of the 2013 Land Law)

Upon land expropriation, if the owner of properties on land suffers any loss of properties, compensation will be provided.

Article 18. Cases in which compensation for properties on land is not provided upon land expropriation (specified in Article 92 of the 2013 Land Law)

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2. Properties on land, which are illegally created or created after a land expropriation notice is issued.

3. Technical and social infrastructural constructions and other construction works, which are no longer in use.

Article 19. Compensation for houses and construction works on land in case of land expropriation (specified in Clause 4 Article 9 of the Decree No. 47/2014/ND-CP)

1. For a household, individual or overseas Vietnamese citizen’s house or basic amenity on land, if it is totally or partially dismantled but the remaining part fails to satisfy technical standards as prescribed by law, its owner shall receive a compensation equal to the investment rate published by the Ministry of Construction. If such remaining part still satisfies technical standards as prescribed by law, compensation shall be provided according to the actual loss.

- If the house or basic amenity has to be partially dismantled and the clearance line is between the two bearing columns, the structure from the clearance line to the nearest bearing column of the architecture that must be dismantled shall be eligible for compensation or assistance.

- If the house or basic amenity may be dismantled, transported and reinstalled, only compensation for dismantling, transport and reinstallation and loss incurred during the process shall be provided.

- The area of the house or basic amenity eligible for compensation or assistance is the main structure of that house or work, excluding the area expanded with temporary materials.

- In the cases where the house or basic amenity is granted the construction permit but not constructed according to the permit:

+ Regarding the area of the house or work constructed according to the construction permit, the compensation is 100% of the cost of building a new one according to the investment rates published by the Ministry of Construction.

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- If the house or basic amenity is partially dismantled but still exists and the remaining part is usable, in addition to the compensation, an additional assistance of 60% of the rate of construction published by the Ministry of Construction (according to the rates applicable to the dismantled work) multiplied (x) by the facade area in the clearance line of the work shall be provided for repair and completion purpose.

2. Regarding the house or other works on land other than those specified in Clause 1 of this Article, upon land expropriation, if totally dismantled or partially dismantled but the remaining part fails to satisfy technical standards as prescribed by law, compensation shall be provided as prescribed in Article 9 of the Decree No. 47/2014/ND-CP.

3. Regarding technical and social infrastructural constructions on land that are in use and not specified in Clauses 1 and 2 of this Article, the compensation equals (=) the value of a new work applying equivalent technical standard prescribed by special legislation.

Article 20. Compensation for houses, works and other architectures on land owned by households and individuals

1. If a household or individual's house or basic amenity has legal and valid documents, the compensation will be 100% of the cost of building a new one according to the investment rates published by the Ministry of Construction.

2. Regarding a household or individual's house or basic amenity that has legal and valid documents:

a) If the house or basic amenity was built before July 01, 2006 on the land eligible for compensation for homestead land and at the time of construction, a land use planning or plan is yet to be published or conform to the published land use planning or plan; it does not violate safety corridors of technical infrastructural constructions where boundary markers have been planted, the compensation will be 100% of the cost of building a new one according to the investment rates published by the Ministry of Construction.

b) If house or basic amenity was built before July 01, 2006 on the land ineligible for compensation for homestead land and at the time of construction, a land use planning or plan is yet to be published or conform to the published land use planning or plan; and it does not violate safety corridors of technical infrastructural constructions where boundary markers have been planted:

- If it was built on the land eligible for assistance in the form of land as prescribed in Point a Clause 1 Article 11 of this document, the assistance will be 80% of the cost of building a new one according to the investment rates published by the Ministry of Construction.

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+ If it was built before October 15, 1993, the assistance will be 70% of the cost of building a new one according to the investment rates published by the Ministry of Construction.

+ If it was built from October 15, 1993 to before July 01, 2004, the assistance will be 50% of the cost of building a new one according to the investment rates published by the Ministry of Construction.

+ If it was built from July 01, 2004 to before July 01, 2006, the assistance will be 30% of the cost of building a new one according to the investment rates published by the Ministry of Construction.

c) If it was built before July 01, 2006 but has violated the published land use planning or plan or violating safety corridors of technical infrastructural constructions where boundary markers have been planted, the assistance will be 50% of the compensation or assistance provided as prescribed in Points a and b of this Clause.

d) If it was built from July 01, 2006 onwards, compensation and assistance shall not be provided; any person that has an illegally built work shall dismantle it himself/herself and bear all costs in case a competent authority carries out the dismantling work.

3. Regarding houses and works granted a temporary construction permit:

a) In case a house and other works of a household or individual are granted a temporary construction permit as prescribed in Point a Clause 1 Article 8 of the Regulation enclosed with the Decision No. 68/2010/QD-UBND dated September 14, 2010 of HCMC People’s Committee on the temporary construction permit and the investor must make a commitment and unconditionally dismantle the house or construction works when the State implements the planning, are built during the planning period but land is expropriated for the execution of the project while the time limit for implementing the planning is yet to expire, the assistance shall be provided as follows:

- If the house is granted a permit for temporary construction on the old land plot (equivalent to the old structure) or the land that is homestead land (previously recognized), the assistance will be 80% of the cost of building a new one according to the investment rates published by the Ministry of Construction.

- If the construction permit or land use planning does not specify a time limit for implementing the planning, the assistance will be 80% of the cost of building a new one according to the investment rates published by the Ministry of Construction.

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b) In case of temporary construction according to Articles 2 and 3 of the Decision No. 21/2013/QD-UBND dated June 28, 2013 of HCMC People’s Committee, the assistance shall be provided as prescribed therein.

c) If built within a certain time limit as prescribed in the Decision No. 27/2014/QD-UBND dated August 04, 2014 of HCMC People’s Committee, the assistance shall be provided as prescribed therein.

d) If built within a certain time limit as prescribed in the Articles 2 and 3 of the Decision No. 26/2017/QD-UBND dated June 20, 2017 of HCMC People’s Committee, the assistance shall be provided as prescribed therein.

4. In case the household or individual that uses land for commercial activities, services or non-agricultural production eligible for assistance prescribed in Point b Clause 1 Article 11 of this document have factories, works or architecture serving business purpose, the compensation and compensation shall be provided as prescribed in Article 21 of this document.

5. For the houses and other construction works prescribed in Clauses 1, 2 and 3 of this Article, after the area and current use is tallied and confirmed or the payment is done, users thereof shall carry out the dismantling work, transfer empty land and are entitled to use all dismantled materials. If the investor fails to carry out the dismantling work and transfer the empty land itself/himself/herself, the compensation council shall do it as prescribed, sell the dismantled materials (if any) and transfer the revenue to the state budget.

6. After the provision of compensation and assistance is done, the users shall dismantle houses, works and other architectures themselves, transfer the empty land and are entitled to use all dismantled materials. If the users fail to carry out the dismantling work and transfer the empty land themselves, the compensation council shall do it as prescribed, sell the dismantled materials (if any) and transfer the revenue to the state budget.

Regarding apartment buildings, multi-apartment and multi-storey tenements, after the provision of compensation and assistance is done, the compensation council shall dismantle them, sell the dismantled materials (if any) and transfer the revenue to the state budget with respect to the project funded by the state budget.

Article 21. Compensation for houses, works and architectures that are being used by regulatory authorities, units and other organizations

1. Regarding houses, factories, works and other architectures that are legally built or have valid documents:

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b) In case a house, factory, work or another architecture cannot be dismantled, relocated, and reinstalled upon expropriation, the compensation and assistance shall be provided as follows:

- In case the entire house, factory, work or architecture is relocated, compensation shall be provided as follows:

Tbt = CLCL x Sxd X Gxd

Tbt: Compensation.

CLCL: Remaining quality of the expropriated house, factory, work or architecture, which is determined according to the percentage (%). If the remaining quality is less than 60%, an additional assistance shall be provided so that the total compensation or assistance is 60% of the cost of building a new house or work that is in use.

Sxd: Floor area of the expropriated house, factory, work or architecture that cannot be dismantled, relocated and re-installed.

Gxd: Cost of building a new one, which is determined according to the investment rates published by the Ministry of Construction.

- In case the house, factory or work is partially dismantled and the remaining part is unusable, the entire house, factory or work is eligible for compensation; in case the house, factory or work that is partially dismantled and the remaining part is usable, the dismantled part is eligible for compensation according to the abovementioned regulation and an additional assistance shall be provided for repair and completion of the remaining part according to the equivalent technical standard applied to a house, factory or work prior to the dismantling.  Such additional assistance shall be decided by the compensation council and submitted to the People's Committee of the district for decision, however, the total compensation and additional assistance for the dismantled house, factory or work must not exceed 100% of the cost of building a new one.

c) For the house, factory, work or another architecture of an equitized state-owned enterprise, the compensation and assistance shall be provided as follows:

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- In case it cannot be relocated, compensation and assistance shall be provided as follows:

+ If the actual loss of a house, factory, work or architecture that is eligible for compensation according to Point b of this Clause is smaller than the property value included in the enterprise value upon its equitization, the compensation shall be provided according to the property value included in the enterprise value upon equitization.

+ If the actual loss of a house, factory, work or architecture that is eligible for compensation according to Point b of this Clause is greater than the property value included in the enterprise value upon equitization, the compensation shall be provided according to Point b of this Clause.

2. Construction organizations’ houses, factories, works and other architectures that do not have valid documents:

a) In case the construction is carried out in conformity with detailed planning (if a detailed planning is not available at the time of construction, the general planning will be applied) and land use plan, does not violate safety corridors of technical infrastructural constructions and was carried out before July 01, 2004:

- In case a house, factory, work or another architecture can be dismantled, transported and reinstalled upon expropriation, the assistance is 80% of the cost of dismantling, transport and reinstallation, and loss incurred during the process. Such assistance shall be determined by the compensation council according to the estimate made as prescribed at the request of the affected organization.

- In case a house, factory, work or another architecture cannot be disassembled, relocated, and reinstalled upon expropriation, the assistance is 80% of the compensation and assistance prescribed in Point b Clause 1 of this Article.

b) In case the construction is carried out against detailed planning (if a detailed planning is not available at the time of construction, the general planning will be applied) and land use plan, violates safety corridors of technical infrastructural constructions and was carried out before July 01, 2004:

- In case a house, factory, work or another architecture can be dismantled, transported and reinstalled upon expropriation, the assistance is 60% of the cost of dismantling, transport and reinstallation, and loss incurred during the process. Such assistance shall be determined by the compensation council according to the estimate made as prescribed at the request of the affected organization.

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c) If a competent authority has issued a notification that the construction of a house, factory, work or another architecture is not permitted or it was built from July 01, 2004 onwards, the compensation and assistance shall not be provided, the organization having the one illegally built shall dismantle it itself and bear all costs bear all costs in case a competent authority carries out the dismantling work.

3. Based on the regulations laid down in Clauses 1, 2 of this Article, the compensation council shall determine the compensation and assistance upon relocation. To be specific:

a) For the properties included in the list of investment rates published by the Ministry of Construction as the basis for determination and assistance, the compensation council shall tally, inspect the present condition and legality, and determine the weight of properties that have been lost or have to be relocated and compensation and assistance in the form properties according to the approved compensation policy.

b) For the special properties that are not included in the list of investment rates published by the Ministry of Construction, the Departments of Construction shall provide instructions.

4. The compensation council shall determine prices of the expropriated materials of houses, factories and other architectures and deduct them from the estimate of expenditures on compensation and assistance provided for the organization whose properties are relocated; the organization whose properties are relocated may reuse all materials and equipment after the deduction; if the organization whose properties are relocated refuses to reuse all expropriated materials, the deduction shall not be made. The compensation council shall expropriate materials, liquidate them and transfer the revenue to the State budget as prescribed.

5. For the building offices of state-owned administrative agencies, public service providers, schools and health centers:

a) In case the land is partially expropriated and an architecture is partially dismantled, the compensation council shall prepare an estimate of the costs of dismantling and building a new one equivalent to the old structure or cash payment method shall be adopted in order for the affected organization to build a new one equivalent to the dismantled structure itself.

In case the costs of dismantling and building a new one are equivalent to the compensation and assistance according to the investment rates published by the Ministry of Construction, the compensation and assistance shall be provided as prescribed and cash payment method shall be adopted in order for the affected organization to build a new one equivalent to the dismantled structure.

b) In case the entire architecture has to be relocated, the compensation and assistance shall be provided as prescribed and transferred to the impound account of the Department of Finance opened at the State Treasury of Ho Chi Minh City (the units under the management of central government shall follow the instructions given by the Ministry of Finance); the unit establishing the new workplace renovation and construction project which is established with the approval from a competent authority may use the compensation for houses and construction works in order to execute the project; the remaining amounts (if any) shall be transferred to the State budget as prescribed by the Law on the State budget.

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7. In case other agencies, units and organizations are using state-owned houses or works sublet such houses or works, they shall terminate the contract themselves, only assistance of the value of architectures and other properties on land may be provided for those agencies, units and organizations (if well founded) which are leased out houses or works by the State.

8. The compensation and assistance shall be directly provided for units (other than those specified in Point b Clause 5 of this Article) to build a new one according to the investment project approved by a competent authority.

Article 22. Compensation for plants and domestic animals (specified in Article 90 of the 2013 Land Law)

1. The value of plants as the basis for determination of compensation according to Clause 1 Article 90 of the 2013 Land Law shall be calculated according to the unit prices of plants imposed by HCMC People's Committee.

2. The compensation for the relocation costs and loss incurred from the relocation is specified in Point b Clause 2 Article 90 of the 2013 Land Law and must not exceed 30% of the total compensation for domestic animals.

Article 23. Compensation for and reimbursement of relocation costs upon land expropriation (specified in Article 91 of the 2013 Land Law and Article 23 of the Decree No. 47/2014/ND-CP)

1. If properties have to be relocated upon land expropriation, the State shall provide a compensation for the cost of dismantling, relocation and installation; in case a machinery system or production line has to be relocated, the compensation for loss incurred from the dismantling, relocation and installation shall be provided.

2. The compensation shall be provided as follows:

a) For a prefabricated house or prefabricated construction work of a household or individual, the compensation for the cost of dismantling, transport and installation and loss incurred during the process is 30% of the cost of building a new one applying the same technical standard.

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3. In the cases where a house or construction work other than that specified in Point a Clause 2 of this Article has to be relocated from an old residence to a new residence, the relocation cost shall be reimbursed as follows:

a) A household or individual that has to relocate or dismantle the entire house shall receive an assistance of VND 10,000,000 per household. If the household or individual has documents proving their relocation to another province or city, an assistance of VND 20,000,000 per household will be provided.

b) When a household or individual leasing a house that is not owned by the State has to relocate when the land is expropriated by the State, the relocation cost will be reimbursed. Based on local conditions, the President of People’s Committee of district shall decide a reasonable assistance that must not exceed VND 6,000,000 per apartment or room for rent.

4. If a person has his/her homestead land expropriated is eligible for relocation assistance or his/her land has to be partially cleared but his/her entire house has to be dismantled, he/she will be relocated to a temporary residence or receive an assistance to rent a residence and the cost of one time of relocation shall be reimbursed.

The time and specific assistance shall comply with regulations imposed by HCMC People’s Committee of Ho Chi Minh City in consideration of the proposal of the Department of Finance.

5. Regarding policy beneficiary families:

A policy beneficiary household that has a certificate issued by a competent authority has to relocate upon land expropriation, an additional assistance shall be provided as follows:

a) Vietnamese heroic Mother, Hero of the People’s Armed Forces or Hero of Labor: VND 10,000,000 per household;

b) War invalid or family of fallen heroes (a parent, spouse or child is a fallen soldier): VND 8,000,000 per household;

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d) In cases where there are multiple members eligible for the abovementioned assistance in a household, the highest assistance that a member has shall be provided.

Article 24. Compensation for grave relocation (specified in Article 18 of the Decree No. 47/2014/ND-CP)

1. Based on the local planning, the People’s Committee of the district shall arrange burial sites as prescribed. A relative of the dead person whose grave has to be relocated relocates the grave to the land provided by the state is entitled to have the costs of grave relocation and construction of a new one and other relevant reasonable costs reimbursed as follows:

a) Grave relocation cost:

- Earth graves: VND 5,000,000/grave;

- Simple and laterite graves: VND 6,000,000/grave;

- Semi-solid graves: 8,000,000/grave;

- Solid graves: 10,000,000/grave;

- Exhumation graves: 4,000,000/grave;

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b) Exhumation cost: VND 3,000,000 per dead body, regarding exhumed remains, an assistance of 50% of the assistance provided in case of exhumation of a dead body shall be provided.

2. In case land is not available for burial or the household is able to find land itself for grave relocation, in addition to the compensation specified in Points a and b Clause 1 of this Article, compensation and assistance in the form of land (the area of land eligible for compensation assistance is the actual area, which must not exceed 4m²/grave) shall be provided. To be specific:

a) Regarding the land for grave within the area where the house is located, the assistance is 60% of the price of homestead land which is the basis for determination of compensation;

b) Regarding the grave located on other types of land, the assistance is 30% of the price of the homestead land at adjacent location which is the basis for determination of compensation.

c) Regarding the grave ineligible for compensation or assistance in the form of land, an assistance of VND 10,000,000 per grave shall be provided.

d) If a grave is located on the land under the management of another household, individual or organization, the compensation for land specified in Points a, b and c shall be distributed by negotiation between the relative of the dead person whose grave has to be relocated and the household, individual or organization.

3. For the unidentified graves, the compensation council shall contract with a funeral service provider in relocation and exhumation of graves (after a grave relocation notice is issued) according to the actual cost and handle the remains as prescribed.

4. Regarding crematory land under the management of a household, individual or organization (other than that specified in Clause 1 Article 8 of the Decree No. 47/2014/ND-CP), in addition to the compensation and assistance specified in Clauses 1, 2 and 3 of this Article, in case the remaining part was confirmed by the People’s Committee as a current crematory before July 01, 2004, compensation and assistance may be provided according to regulations on land use and type of land before the construction of the crematory.

Article 25. Compensation for loss of properties on land which is in safety corridors (specified in Clause 3 Article 10 of the Decree No. 47/2014/ND-CP)

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In case houses, other works and other properties on land in safety corridors are lost due to clearance, compensation and assistance shall be provided as prescribed in Articles 20 and 21 of this document.

2. Compensation for plants that are inside and outside the safety corridor when running aerial cable:

If the plants that exist before the land expropriation notice is issued and are inside the aerial cable safety corridor has to be cut and must not be planted again as prescribed in Clause 3 Article 12 of the Decree No. 14/2014/ND-CP, the compensation shall be provided as prescribed in Clause 1 Article 22 of this document.

If the plants that exist before the land expropriation notice is issued and are inside the aerial cable safety corridor are not required to be cut, and are allowed to be planted again as prescribed in Clause 3 Article 12 of the Decree No. 14/2014/ND-CP or the plants that are outside the corridor are likely to violate the safety distance as prescribed in Clause 2 Article 12 of the Decree No. 14/2014/ND-CP, the operating unit is entitled to inspect and cut plants to ensure safety of the aerial cable and receive a lump sum assistance equal to 30% of the compensation for the same types of plants.

Article 26. Compensation for other properties (technical infrastructural constructions)

1. Regarding rules for providing compensation:

a) The compensation equals the value of a new work applying the same structure and technical standard as those applied to the work that needs to be relocated.

- The work applying the same technical standard is a work whose scale, structure and technical features are the same as those of the work that needs to be relocated;

- The value of a new work is the cost necessary for construction of a work applying the same structure and technical standard and is determined according to the current prices at the time of assessment and approval of compensation, assistance and relocation plan.

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For a work or items of a technical infrastructural construction which cannot be dismantled, relocated and reinstalled, a temporary relocation plan.

c) For the works that are no longer usable, the compensation shall not be provided.

2. Outline and content of a compensation and assistance plan:

a) Describe the legal grounds related to the investment project, the documents related to the technical infrastructural construction that has to be relocated; briefly describe the scale and condition of the work. Specify the value of initial investment and the value depreciated by the time of the relocation according to documents of the work that has to be relocated.

b) Determine the total cost of provision of compensation and assistance according to the following formula:

The total cost of provision of compensation and assistance = (1) + (2) + (4) - (3); where:

- (1): cost of provision of compensation for the technical infrastructural construction to be relocated which can or cannot be dismantled, relocated and reinstalled according to the abovementioned rule.

- (2): the cost of temporary relocation (if any).

- (3): the value of materials and equipment expropriated as prescribed.

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3. Regarding implementary organization:

a) The project investor shall:

- send a notice of land to be expropriated, work safety corridors (if any) and relevant documents to supervisory authorities responsible for the technical infrastructural construction that has to be relocated or owners thereof when conducting a survey to prepare a fundamental design and establish an investment project in order to cooperate with each other in preparing a plan and capital source for relocation;

- cooperate with the supervisory authorities or owners in conducting the survey, compiling the compensation dossier and organizing the implementation;

- verify whether the volume of relocation works is within the scope of construction planning of the main project;

- consider the estimate of expenditures on compensation and assistance made by supervisory units in accordance with Clauses 1 and 2 of this Article and submit it to the supervisory department for approval;

- sign a contract and provide (lump sum) compensation and assistance for the supervisory authorities responsible for the work that has to be relocated or owners thereof according to the relocation assistance and compensation plan (without provision) that is approved by a competent authority.

b) Supervisory units or owners shall:

- prepare a relocation assistance and compensation plan and relocate the work in accordance with the prescribed procedures and on schedule;

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- construct a new work according to regulations on construction and investment management;

- take responsibility for the volume of relocation work;

- have the right to reuse all expropriated materials and equipment after deducting the value of expropriation from the estimated expenditure on compensation and assistance (if any);

- record and report the increase and decrease of properties in case of temporary relocation to the supervisory unit.

c) Supervisory departments responsible for technology shall:

- determine works or items of technical infrastructural constructions eligible for compensation and assistance upon relocation; works or work items only eligible for compensation for the cost of dismantling, transport and installation and loss incurred during the process; works or work items ineligible for compensation and assistance when they have to be relocated as prescribed;

- establish procedures and plan for making estimate of expenditures on compensation and assistance in accordance with regulations and providing guidance thereon units managing technical infrastructural constructions;

- determine the value of expropriated materials and equipment as prescribed and deducting it from the estimate of expenditures on compensation and assistance provided for units whose technical infrastructural constructions have to be relocated;

- approve the estimate of the expenditures on compensation and assistance of works and items of technical infrastructural constructions submitted by the investor within twenty (20) working days from the receipt of the sufficient application; the Decision on approval of estimate of supervisory departments responsible for technology serves as a basis for allocation and settlement and finalization (work packages) of compensation and assistance for relocation of technical infrastructural constructions.

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- The Department of Transport shall assess and approve the estimate of expenditures on compensation and assistance with respect to traffic works, water supply and drainage works, public lighting works, trees;

- The Department of Agriculture and Rural Development shall assess and approve the estimate of expenditures on compensation and assistance with respect to irrigation and dyke works, and agricultural - forestry - fishery works;

- The Department of Industry and Trade shall assess and approve the estimate of expenditures on compensation and assistance with respect to electrical works;

- The Department of Natural Resources and Environment shall assess and approve the estimate of expenditures on compensation and assistance with respect to wastewater treatment works and waste treatment works (dumps and landfills);

- The Department of Information and Communications shall assess and approve the estimate of compensation and assistance with respect to information technology, post and telecommunications works, telecommunications, radio and television broadcasting and receiving towers.

4. For the task of relocating electrical grid (including lines and electrical substations) of individuals and enterprises other than those engaging in electricity sector; task of relocating and heightening high-voltage electrical grid, investors of main projects shall perform such tasks adopting the temporary relocation method and transferring the heightened electrical grid to individuals, enterprises or units in charge of high-voltage electrical grid management, except for the case in which owners (or supervisory units) of electrical grids request a compensation equal to the value of a new electrical grid.

For the task of relocating electrical grid (including medium and low voltage lines and electrical substations) of the electricity sector, investors of main projects shall prioritize the adoption of the temporary relocation method, except for the case in which the investors and electricity sector reach an agreement on provision of a compensation equal to the cost of building a new electrical grid. If the temporary relocation method is adopted, after the temporary relocation of the electrical grid, investors of main projects shall transfer it to the electricity sector and request the electricity sector to depreciate and refund the difference between the temporarily relocated electrical grid and existing electrical grid as prescribed.

Regarding other items including bridges, roads, water supply and drainage works, trees and public lighting works, investors of main projects shall construct new ones to ensure the consistency.

If the temporary relocation method is adopted, investors shall submit a construction contractor selection plan to supervisory departments specified in Point d Clause 3 of this Article for approval.

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6. In case telephones, water meters, electricity meters, television cable, internet (subscriber), wells are available, the compensation shall be provided as follows:

a) Telephone (subscriber): the compensation shall be provided according to the price for installation of a new one imposed by the service provider or the cost of relocation carried out the service provide.

b) One (01) phase and three (03) phase main galvanometer: the compensation shall be provided according to the statistics of the regional electricity authorities.

Auxiliary galvanometer (installed by user): its user shall recall it himself/herself, the compensation and assistance shall not be provided.

c) Water meter (subscriber): the compensation shall be provided according to the price for installation of a new one or cost of relocation carried out by the unit in charge of water supply management;

Auxiliary water meter (installed by user): its user shall recall it himself/herself, the compensation and assistance shall not be provided.

d) Television cable and internet: the compensation shall be provided according to the price for installation of a new one or the cost of relocation carried out by the service provider.

dd) Drilled well or well excavated by hand: the compensation shall be provided according to the local actual costs.

(The specific price in each period shall be determined by the compensation council at the price imposed by the supervisory authority).

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COMPENSATION FOR STATE-OWNED HOUSES

Article 27. Cases in which state-owned houses are relocated and cleared in case they are allocated for the wrong residential purposes or ultra vires by organizations (specified in Article 14 of the Decree No. 47/2014/ND-CP)

Before expropriating land of units managing state-owned houses to execute the project. The People’s Committee of a district shall cooperate with the managing or allocating unit in issuing a notice or decision on the termination of house lease and allocation; the person who is using a state-owned house shall receive compensation and assistance as follows:

1. The provision of compensation for houses and works for the person whose state-owned house is expropriated shall comply with the following regulations:

a) The tenant of a state-owned house in a expropriated land shall not receive compensation for area of the state-owned house and illegally expanded area but shall receive a compensation for the cost of repair or renovation of the house equal to 100% of the value of a new one according to the investment rates published by the Ministry of Construction.

b) The tenant of a state-owned house that is dismantled may lease a house in the relocation area with a rent equal to that for a state-owned house; the leased house in the relocation area shall be sold to the tenant according to the Government’s regulations on sale of state-owned houses to tenants at the same selling price as that of a old state-owned house with respect to the area stated in the old house lease contract, with respect to the expanded area, the selling price imposed for investment recoupment shall be applied. In special case, relocation houses are not available or relocation houses are available but the people find a relocation house themselves, the People’s Committee of the province shall notify and request HCMC People’s Committee to consider and deal with each specific case within its power as prescribed in Article 25 of the Decree No. 47/2014/ND-CP.

c) The land area eligible for compensation and assistance:

- In case the area is clearly written on the valid and legal documents, assistance shall be provided according to the area stated in such documents but must not exceed the imposed maximum limit; the excess area is also eligible for assistance that is the same as that provided for the area within the limit, but must exclude the land levy as specified in Point c Clause 3 Article 3 of the Decree No. 45/2014/ND-CP;

- In case the area is not clearly written on the valid and legal documents or the actual area that is being used is different from the area written on such documents, the unit managing the house must re-determine the specific area to form a basis for calculation of assistance, but such assistance must not exceed the imposed maximum limit; the excess area (if any) shall not be eligible for assistance:

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d) If the state-owned house whose area or homestead land is partially expropriated has valid documents, compensation for house or land is the same as that provided in case of total expropriation as prescribed in this Article.

If the state-owned house has its house or homestead land partially expropriated but the expropriated area is only temporarily leased, is not leased out or fails to have valid documents, the user thereof shall not receive assistance with respect to the expropriated area. Regarding the area for re-construction of the dismantled house, the authority managing the house shall make an estimate and re-construct its front or sides or back according to the old structure.

2. Regarding a house that is provided for the wrong purposes and ultra vires by agencies and units:

According to the state-owned house and land rearrangement and settlement plan approved by a competent authority:

a) In the cases where the house which was provided for residential purposes before January 19, 2007 (including the case in which such house was renovated and rebuilt with funding from the State budget and the tenants might continue to lease it after January 19, 2007) or the house that was not intended for residential purpose but was provided for residential purposes before November 27, 1992 fails to meet all conditions to be transferred to HCMC People's Committee or meets such conditions but has not been yet transferred, assistance shall be provided as follows:

- The land area eligible for assistance is the area written on the decision on temporary house allocation, house lease contract or house allocation decision. In case the decision on temporary house allocation or house allocation decision does not specify the land area upon provision of land for use, the land area eligible for assistance is actual area of land in use but must not exceed 80m² per household (the area gained through illegal occupation shall not be eligible for assistance), the remaining area (if any) shall not be eligible for assistance.

- The assistance is 60% of the value of the land and 60% of the value of a house.

b) In the cases where the house was provided for residential purposes before January 19, 2007 onwards or the house was not intended for residential purpose but was provided for residential purposes from November 27, 1992 onwards, compensation and assistance with respect to house and land shall not be provided. If a resident wishes to have a residence, he/she may be leased out or buy (lump sum payment) 01 apartment.

c) In the cases where the house is not intended for residential purpose but was provided for residential purpose before November 27, 1992 and satisfies all conditions to be transferred to HCMC People’s Committee, compensation or assistance is the same as that provided for a state-owned house as prescribed in Clause 1 of this Article.

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a) The land area that is outside the building line: compensation and assistance shall be provided as prescribed.

b) The land area that is inside the building line:

- In case it was not sold by the State:

- If a lease contract is signed and the rent is paid as prescribed, the assistance is 60% of the value of the house or land.

- If a lease contract is not signed, the assistance is 60% of the value of the house or land but must exclude the rent over periods according to the imposed unit price.

- If it was sold for a specific amount of gold, the assistance is 100% of the value of the house or land.

c) In case the cleared house has the current area larger than the area sold by the State because of inaccurate measurement and does not have the area of land and land boundary determined, the People’s Committee of the district shall, according to the origin and use process, determine compensation and assistance as prescribed.

Chapter V

ASSISTANCE POLICIES

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Minimum relocation package and assistance provided to find a new residence shall be applied in the cases where a household, individual or overseas Vietnamese citizen is eligible for relocation according to Clause 1 Article 36 of this document. To be specific:

1. In case the household, individual or overseas Vietnamese citizen agrees to receive homestead land or relocation house, and the compensation or assistance in the form of land is less than the value of a minimum relocation package prescribed in Article 34 of this document, the difference shall be paid.

2. The household, individual or overseas Vietnamese citizen that does not receive homestead land or relocation house on a voluntary basis and finds a new residence themselves shall receive an assistance equal to 5% of the compensation or assistance in the form of land; in case the compensation or assistance in the form of land (excluding the assistance provided to find a new residence) is less than the value of a minimum relocation package prescribed, such household, individual or overseas Vietnamese citizen is entitled to choose to receive the difference.

Article 29. Assistance in life and business settlement when the State expropriates land (specified in Clause 7 Article 19 of the Decree No. 47/2014/ND-CP)

1. The assistance provided to a person specified in Points a and b Clause 3 Article 19 of the Decree No. 47/2014/ND-CP is VND 500,000 per month.

2. The redundancy pay period as the basis for determination of assistance as prescribed in Clause 6 Article 19 of the Decree No. 47/2014/ND-CP shall be approved by the People’s Committee at the level that has the power to approve the compensation, assistance and relocation plan, but not exceeding 06 months. The organization in charge of compensation, assistance, relocation and land expropriation shall provide the redundancy pay to employees through employers.

Article 30. Provision of assistance in training, career change and job hunting upon expropriation of farming land of households and individuals directly involved in agricultural production (specified in Article 20 of the Decree No. 47/2014/ND-CP)

1. Assistance in training, career change and job hunting upon expropriation of farming land of households and individuals directly involved in agricultural production shall be provided to households whose land is both partially and totally cleared.

2. The assistance in training, career change and job hunting for households and individuals upon expropriation of farming land of households and individuals directly involved in agricultural production specified in Clause 6 Article 4 of the Decree No. 01/2017/ND-CP shall be decided by HCMC People’s Committee in consideration of proposals of the People’s Committee of the district and appraisal opinion of the Department of Natural Resources and Environment when applying for approval for the price of farming land as the basis for determination of compensation.

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1. If a household or individual that is using a house or homestead ineligible for compensation (including the person who has a non-stated-own house lease contract) has to relocate upon expropriation, they may only have the relocation cost reimbursed in accordance with Article 28 of this document.

2. For an organization: In case the organization is using the land ineligible for compensation or assistance in the form of house or land and has to relocate, they shall have the relocation cost reimbursed, receive assistance upon suspension of business and redundancy pay as prescribed in this document.

Article 32. Additional assistance for organizations, households and individuals strictly abiding by the relocation decision

An organization, household or individual that transfers land ahead of and on schedule shall receive an additional assistance in cash. To be specific:

1. In case of total expropriation of land:

a) An organization (except regulatory authorities and public service providers) shall receive an additional assistance of VND 10,000 per m² of the expropriated land on which a factory or office is constructed. The assistance shall be at least at least 15,000,000 (fifteen hundred million) per organization but shall not exceed VND 200,000,000 (two hundred million) per organization;

b) A household or individual whose house or homestead land is expropriated shall receive an assistance of VND 15,000,000 per relocation;

c) A household or individual whose farming land is expropriate shall receive an additional assistance equal to 50% of that prescribed in Point b Clause 1 of this Article.

2. In case of partial expropriation of land:

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b) A household or individual whose house and homestead land is expropriated shall receive an additional assistance equal to 50% of that prescribed in Point b Clause 1 of this Article;

c) A household or individual whose farming land is partially expropriated shall receive an additional assistance equal to 50% of that prescribed in Point c Clause 1 of this Article.

3. An organization, household or individual whose various types of land at one location are expropriated for execution of the same project shall be given the highest level of assistance among the levels prescribed in Clauses 1 and 2 of this Article; if multiple houses or types of land are cleared at different locations, assistance shall be provided according to each compensation application.

4. The additional assistance prescribed in Clauses 1 and 2 of this Article shall be only provided in case the relocation and transfer of land are made ahead of and on schedule.

5. In case of the uses of land are limited or land is not expropriated, the additional assistance is the same as that provided when land is partially expropriated.

Article 33. Provision of assistance for people who are directly involved in agricultural production but ineligible for compensation for land and households and individuals that lease and bid public land of communes

1. The farming land used for public services of a commune shall be ineligible for compensation when the State expropriates land but eligible for an assistance equal to the price of farming land which is the basis for determination of compensation according to the approved compensation policy; the assistance shall be paid to the state budge, aggregated with the annual budget estimate of the commune and used for building infrastructural constructions or public services of the commune where land is expropriated.

2. A household or individual that leases and bids for use of farming land owned by a commune shall only receive compensation for the remaining investment in land (if any) as prescribed in Article 76 of the 2013 Land Law, Article 3 of the Decree No. 47/2014/ND-CP, Article 3 of the Circular No. 37/2014/TT-BTNMT and Article 7 of this document or an assistance that must not exceed the assistance prescribed in Clause 3 of this Article; the assistance shall be deducted from the assistance paid to the budget of the People’s Committee of the commune as prescribed in Clause 1 of this Article.

3. In case a household or individual that is directly involved in agricultural production is ineligible for compensation as prescribed in Article 75 of the 2013 Land Law, they shall receive an assistance equal to 10% of the compensation for farming land according to the approved compensation policy with respect to the land area in use (except the household or individual who has received compensation for the remaining investment in land according to Article 76 of the 2013 Land Law, Article 3 of the Decree No. 47/2014/ND-CP, Article 3 of the Circular No. 37/2014/TT-BTNMT and Article 7 of this document).

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RELOCATION

Article 34. Minimum relocation package (specified in Article 27 of the Decree No. 47/2014/ND-CP)

1. In case a household or individual eligible for relocation according to Clause 1 Article 36 of this document has a compensation or assistance smaller than value of a minimum relocation package, such difference shall be paid to them; in case of refusal to receive homestead land or house in the relocation area, an amount equal to such difference shall be provided. To be specific:

a) For the districts where apartments are available for provision, the minimum area of an apartment to be provided is 30 m². The person whose land is expropriated shall pay for the area in excess of 30 m²;

b) For the districts where apartments are not available for provision, the minimum area of homestead land to be provided is 45 m². The person whose land is expropriated shall pay for the area in excess of 45 m²;

c) Priority shall be given to the minimum relocation package specified in Points a and b of this Clause in case houses and homestead land are available for relocation at the old site at the lowest selling prices of relocation houses and land; in case houses and homestead land are not available for relocation, the average selling prices of relocation houses and land shall be imposed in the area where the relocation project is executed or the project providing adjacent land or houses for relocation in the area with equivalent locations and infrastructures is executed.

d) The compensation and assistance as the basis for calculation of minimum relocation package include:

- The compensation for homestead land.

- The assistance provided for those who have farming land in the residential area and land (if any) on which gardens and ponds are available, which are not recognized as homestead land.

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In case of compensation in the form of homestead land or relocation house, the difference in value (if any) shall be paid as follows:

a) In case the compensation or assistance exceeds the homestead land levy (according to the selling price of relocation homestead land) or purchase price of a house in the relocation area, the person eligible for relocation shall receive the difference.

b) In case the compensation or assistance is less than homestead land levy (according to the selling price of relocation homestead land) or purchase price of a relocation house, the person eligible for relocation shall cover the difference, except the case prescribed in Clause 1 of this Article.

Article 35. Establishment and execution of a relocation project (specified in Article 85 of the 2013 Land Law)

1. A relocation project shall be established and approved independently of a compensation, assistance and relocation plan but ensure that relocation homestead land and houses are available before a competent authority decides to expropriate land. In the case of relocation at the old site, the residents shall be provided with another residence or have the house rents covered while the relocation area is being prepared.

2. The relocation project establishment and investor selection shall comply with the law on development and management of relocation houses and regulations set forth in Clauses 2 and 3 Article 69 of the 2013 Land Law.

3. The relocation area shall be prepared for one or more relocation projects; a uniform infrastructure that meets construction standards and regulations shall be constructed; houses and homestead land in the relocation area shall be arranged in multiple grades of housing with various areas in conformity compensation and solvency of persons eligible for relocation.

In case the relocation area is subdivided homestead land, a sample house design or urban design, cadastral map of the land plot should be in place to serve the allocation of land and issuance of a certificate.

4. For the centralized relocation area project whose construction phases are based on sub-projects, the land expropriation and construction of houses or infrastructures of the relocation area shall be carried out according to each sub-project but infrastructural constructions of each sub-project in the relocation area must have a connection according to the detailed planning approved by a competent authority.

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6. The provision of funding for execution of the relocation project shall comply with regulations set forth in Article 32 of the Decree No. 47/2014/ND-CP.

Article 36. Organizing provision of homestead land or houses for relocation

1. Entities and conditions for relocation: Upon homestead land expropriation, a household or individual that is eligible for compensation as prescribed in Article 75 of the 2013 Land Law (except in the case such household or individual does not wish to be provided with relocation homestead land or house), relocation homestead land or house shall be provided in the following cases:

a) Homestead land is totally expropriated or the homestead land area that remains after expropriation is not suitable for residential purposes to be issued with the construction permit (including the fixed-term construction permit) while the household or individual do not have any homestead land or house in their commune where the land is expropriated.

b) The household or individual that is using homestead land inside safety corridors has to relocate without another residence in their commune.

2. Area of homestead land and houses for relocation purpose:

The area of homestead land and houses for relocation purpose is the area determined according to approved planning for homestead land and houses at relocation areas (in case of provision of homestead land, the homestead land area must not exceed the limit on homestead land allocation at districts).

If the area of homestead land (which has been issued with the certificate of land use right) that is totally expropriated exceeds the limit and area of land plots for relocation purpose exceeds the limit, the People's Committee of the district shall consider providing such land in an appropriate manner.  

3. Selling prices, rents and lease-purchase prices of relocation apartments; homestead land prices as the basis for determination of land levies shall be determined at the same time and in conformity with the rules and methods for determining the specific homestead land prices as the basis for provision of compensation and assistance when the State expropriates land.

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- First payment: the resident shall transfer the received total amount of compensation or assistance in the form of house and homestead land in case of re-provision of an apartment or transfer the received total amount of compensation or assistance in the form of homestead land in case of re-provision of a land plot.

- The household is entitled to make installment payments for the difference between the value of a house or land provided to the resident and the first payment (except in the case where the household is eligible for relocation as prescribed in Clause 1 of this Article but its first payment is lower than the minimum relocation package, such first payment shall be determined according to the minimum relocation package) within fifteen (15) years, the interest rates of demand deposit set by a commercial bank on the outstanding debt shall apply.

5. If the person whose land is expropriated relocates to a new residence but does not have a stable job and he/she chooses to lease or make installment payment according to Clause 4 of this Article, he/she shall defer payment for purchase or rental of the house within five (05) years. In case of the expiry of deferred payment for purchase or rental of the house, he/she shall make installment payments or pay house rent as prescribed.

6. In the cases specified in Clause 4 Article 6 and Clause 5 Article 7 of the Decree No. 47/2014/ND-CP, selling prices, lease prices and lease-purchase prices of houses; homestead land prices as the basis for determination of land levies; deferred and installment payment shall comply with Clauses 3, 4 and 5 of this Article.

Article 37. Rights and obligations of people who have to relocate or are affected upon land expropriation

1. Regarding rights:

A person who has to relocate or is affected upon land expropriation may:

a) be notified of relocation according to Clause 1 Article 86 of the 2013 Land Law;

b) be given priority to registration of permanent residence himself/herself and for other family members at new residence and change of school for school-age family members;

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d) be provided with a free housing design;

dd) be issued with a Certificate if a relocation house or land is received.

2. Regarding obligations:

A person who has to relocate or is affected upon land expropriation shall:

a) move to the relocation area on schedule prescribed by a competent authority;

b) build houses or works according to the planning and fulfill other obligations in accordance with regulations of law;

c) pay for houses or pay land levy or house rent in accordance with regulations of law.

Chapter VII

IMPLEMENTATRY ORGANIZATION

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Departments of Natural Resources and Environment of districts shall take charge and cooperate with the project investors, compensating bodies of districts, Departments of Labor, War Invalids and Society of districts and People's Committees of communes where land is expropriated in:

- formulating and submitting plans for land expropriation, investigation, survey, measurement and tallying to People’s Committees of districts where land is expropriated;

- conducting vocational training demand surveys and providing assistance in job hunting for users of expropriated land;

- conducting sociological surveys.

Article 39. Establishment of compensation council

1. Procedures for establishing a compensation council:

a) After the land expropriation notice is issued by a competent authority, the President of the People’s Committee of a district shall decide to establish a compensation council and a working group responsible for assisting the council.

The compensation council and the working group shall cease their operation themselves after completing the provision of compensation, assistance and relocation and transferring land to organizations and individuals that are allocated and leased out land by the State; transfer documents and matters remaining unresolved to the compensating body of the district.

b) The number of members of the compensation council shall remain stable during execution of each project and in each district, only change of the investor, People's Committee of the commune where the project is executed and representatives of people whose land is expropriated is made.

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a) Members of the compensation council include:

- President, who is the President or Vice President of the People’s Committee of a district;

- Permanent Vice President who is the head of the compensating body of a district;

- Vice President, who is the Head of the Department of Natural Resources and Environment of a district;

- Member, who is the head of the Finance and Planning Department;

- Member, who is the head of the Urban Management Department;

- Member, who is the head of the Justice Department;

- Member, who is the head of the inspecting authority of a district;

- Member, who is the head of the Department of Labor, War Invalids and Social Affairs of a district;

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- Members, which are Vietnamese Fatherland Front Committee of a district and Vietnamese Fatherland Front Committee of a commune;

- Member that is the project investor (if the project investor has been selected and the project is not funded by foreign capital);

- Representatives of people whose land is expropriated (01 - 02 persons). In case of a large-scale project (land of more than 100 households is expropriated or the project involves multiple communes), the number of representatives must not exceed 4. Representatives of people whose land is expropriated shall convey expectations of the people whose land is subject to expropriation.

+ Representatives of people whose land is expropriated shall be selected and appointed by residents affected by the project according to the principle: the representative must be the person whose land is expropriated to execute a project, and who has a wide knowledge of law and earns trust of the households affected by the project.

+ If residents affected by the project fail to select or appoint representatives to join the compensation council, the Vietnamese Fatherland Front Committee of the commune where land is expropriated shall introduce participants in the compensation council.

- Depending on the organizational structure of the district and scope of each project, the President of the People’s Committee of a district shall appoint additional representatives to act as members or adjust duties of each member in an appropriate manner.

b) The compensation council shall work on the principle of collectives, under the majority rule and in accordance with regulations of law; in case the vote is equal, the President of the council shall have the deciding vote.

3. Responsibilities of the compensation council.

a) The compensation council has the responsibility to:

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- tailor and submit a compensation, assistance and relocation plan and compensation, assistance and relocation plan for each person who has his/her land expropriated or is affected upon land expropriation in accordance with regulations; plan for provision of assistance in training, career change and job hunting for households and individuals;

- organize the implementation of the compensation, assistance and relocation policy and compensation, assistance and relocation plan for each person who has his/her land expropriated or is affected upon land expropriation;

- take responsibility for the accuracy and reasonableness of data inventories, legality of land and properties eligible for compensation and assistance or ineligible for compensation and assistance specified in the compensation, assistance and relocation plan and of each household affected by the project.

b) Responsibilities of members of the compensation council:

- President of the council has the responsibility to:

+ sign the compensation, assistance and relocation policy and compensation, assistance and relocation plan tailored for each person who has his/her land expropriated or is affected upon land expropriation; plan for provision of assistance in training, career change and job hunting for households and individuals;

+ sign the document stating contents of assessment and approval. Difficulties that arise during the implementation should be reported to the People’s Committee of district for consideration. In case such difficulties fall outside the competence, the People’s Committee of district shall request comments from departments and HCMC People’s Committee;

+ direct members of the council to tailor and submit a compensation, assistance, relocation policy for the project and compensation, assistance, relocation plan for each person who has his/her land expropriated or is affected upon land expropriation, and organize the implementation thereof;

- Representatives of people whose land is expropriated shall convey expectations of people whose land is expropriated, people who have to relocate; encourage people whose land is expropriated to strictly comply with policies and plans, and relocate and transfer land on schedule;

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4. Costs of provision of compensation, assistance and relocation shall comply with regulations set forth in Article 31 of the Decree No. 47/2014/ND-CP, Circular No. 74/2015/TT-BTC of the Ministry of Finance and regulations imposed by HCMC People’s Committee.

5. The compensation council may use the seal of the People's Committee of the district for its operation.

Article 40. Tailoring compensation, assistance and relocation policy for the project and compensation, assistance and relocation plan for each person who has his/her land expropriated or is affected upon land expropriation according to Article 61, Article 62, Points dd and e Clause 1 Article 65 of the 2013 Land Law (specified in Clause 2 Article 69 of the 2013 Land Law; Article 16 of the Decree No. 47/2014/ND-CP; Article 13 of the Circular No. 37/TT-BTNMT)

1. Tailoring a compensation, assistance and relocation plan for each person who has his/her land expropriated or is affected upon land expropriation (hereinafter referred to as “the compensation, assistance and relocation plan”):

a) The compensation, assistance and relocation plan includes:

- Full names and address of persons whose land is expropriated;

- Area, type, location, and origin of the expropriated land; the remaining area of land outside the expropriation boundary (if any); quantity, volume, current value of lost properties on land;

- Quantity and types of properties that are inside and outside the boundary of the expropriated land but affected upon land expropriation;

- Quantity and types of graves that have to be relocated; grave relocation plan;

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- Relocation plan, area of relocation houses and land (if any);

- Moving plan in case of an organization (if any);

- Total compensation and assistance (except the cases in which compensation for land or houses is provided upon homestead land expropriation);

- Financial obligations that have to be deducted (if any).

b) Regarding the project whose total number of organizations, households and individuals whose land has to be relocated exceeds 10, the People’s Committee of the district shall introduce a compensation, assistance and relocation policy to serve execution of the project, including:

- Legal bases for providing compensation, assistance, relocation;

- Information about the project such as objectives of the project, area of land to be expropriated, number of organizations, households and individuals affected by the project, investment capital, time limit for executing the project and other relevant information;

- Prices of types of land as the basis for determination of compensation and assistance;

- Rates of compensation and assistance in the form of properties, architectures, vegetables, domestic animals and other properties;

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- Compensation, assistance and relocation policy adopted;

- Estimate of expenditures on compensation, assistance and relocation plan of the project.

c) The compensation council shall prepare drafts of the compensation, assistance and relocation policy and compensation, assistance and relocation plan (prepared as prescribed in Point a of this Clause) and cooperate with the People's Committee of the commune where land is expropriated in collecting comments of residents affected by the drafts of the compensation, assistance and relocation policy and compensation, assistance and relocation plan by holding a direct meeting with people in the area where land is expropriated, and openly posting such drafts at the People’s Committee of the commune and community house of the residential area where land is expropriated.

The collection of comments must be made into a record certified by the representative of the People’s Committee of the commune, representative of the Vietnamese Fatherland Front Committee of the commune and representatives of people whose land is expropriated.

The compensating body shall consolidate comments into a document, clearly stating the number of assenting and dissenting comments and other comments about the drafts of compensation, assistance and relocation policy and compensation, assistance and relocation plan; cooperate with the People’s Committee of the commune where land is expropriated in holding a dialogue with people who have dissenting comments about the drafts; complete the compensation, assistance and relocation policy and compensation, assistance and relocation plan and submitting them to a competent authority.

2. Assessment of the compensation, assistance and relocation policy and compensation, assistance and relocation plan:

a) The Department of Natural Resources and Environment of a province shall take charge and cooperate with relevant authorities in assessing the compensation, assistance and relocation policy and compensation, assistance and relocation plan within their competence in land expropriation prescribed in Clause 1 Article 66 of the 2013 Land Law;

b) The Department of Natural Resources and Environment of a district shall take charge and cooperate with relevant authorities in assessing the compensation, assistance and relocation policy and compensation, assistance and relocation plan within their competence in land expropriation prescribed in Clause 2 Article 66 of the 2013 Land Law;

c) In the event HCMC People’s Committee of Ho Chi Minh authorizes the People’s Committee of a district to expropriate land in the cases prescribed in Clauses 1 and 2 Article 66 of the 2013 Land Law, the assessment of the compensation, assistance and relocation policy and compensation, assistance and relocation plan shall be made as prescribed in Point b of this Clause.

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a) The People’s Committee at the level that has the power to expropriate land shall issue the land expropriation decision and decision to approve compensation, assistance and relocation policy and compensation, assistance and relocation plan on the same day.

Within 30 days from the date the compensation, assistance and relocation plan tailored for each household, individual or organization affected by the project is approved, the People’s Committee of the district shall complete the provision of compensation, assistance and relocation. In case the provision of compensation and assistance is deferred, in addition to the compensation and assistance received according to the compensation, assistance and relocation plan that has been approved by a competent authority, people whose land is expropriated are entitled to receive a late-payment interest on the unpaid amount over the deferral period.

b) The compensation council shall cooperate with the People’s Committee of the commune in disseminating and openly posting the decision to approve the compensation, assistance and relocation policy and compensation, assistance and relocation plan at the People's Committee and community house of the residential area where land is expropriated; send the decision to approve the compensation, assistance and relocation policy and compensation, assistance and relocation plan to each person whose land is expropriated, which clearly specifies the compensation, assistance and relocation in the form of relocation houses or land (if any), date and place of provision of compensation and relocation; date of provision of relocation houses or land (if any) and date of transfer of expropriated land to the compensating body.

c) The People’s Committee of the district shall organize the provision of compensation, assistance and relocation according to the compensation, assistance and relocation policy and compensation, assistance and relocation plan that have been approved.

d) In case a person who has his/her land expropriated or is affected fails to transfer land to the compensating body, the People's Committee of the commune and Vietnamese Fatherland Front Committee of the commune where land is expropriated and compensating body shall persuade him/her to transfer land.

In case the persuasion has been used but the person who has his/her land expropriated or is affected still fails to transfer land to the compensating body, the  President of the People’s Committee of the district shall issue a decision to enforce land expropriation and organize the enforcement as prescribed in Article 71 of the 2013 Land Law.

4. The People’s Committee of the commune shall manage expropriated land (including land outside project boundary) while such land has not been transferred to the project investor or Land Development Center of Ho Chi Minh City.

5. The comments of people who has his/her land expropriated or is affected about the drafts of compensation, assistance and relocation policy and compensation, assistance and relocation plan specified in Clause 1 of this Article shall be collected within 20 days from the date on which such drafts are openly posted.

6. The compensation, assistance and relocation policy and compensation, assistance and relocation plan tailored as prescribed in this Article are not tailored for investment projects whose investment guidelines are decided by the National Assembly. The Prime Minister shall approve the investment guidelines mentioned in Article 17 of the Decree No. 47/2014/ND-CP.

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A person who has his/her land expropriated or is affected upon land expropriation shall transfer land to the organization in charge of compensation, assistance, relocation and land expropriation within the following time limit:

1. Regarding farming land: within 20 days after the compensation council completes provision of compensation and assistance.

2. Regarding homestead land:

a) In case of ineligibility for relocation: within 30 days after the compensation council completes provision of compensation and assistance.

b) In case of eligibility for relocation:

- In the cases where residents find a new residence themselves: within 60 days after the compensation council completes provision of compensation and assistance;

- In the cases where residents are eligible to be provided with land plots: 06 months from the receipt of the relocation land plots;

- In the cases where residents are eligible to be provided with apartments: 02 months from the receipt of the relocation apartments.

3. Regarding land used for industrial production, commercial activities and provision of services: within 60 days after the compensation council completes provision of compensation and assistance (people who have their land expropriated or are affected upon land expropriation has received cash or the compensation council has transferred compensation and assistance to the bank account or to the State Treasury as prescribed).

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- 01 month after the date of transfer of land in case they find a new residence themselves;

- 06 months after the date of receipt of the relocation land plot in case they are eligible to be provided with a land plot;

- 02 months after the date of receipt of the relocation house in case they are eligible to be provided with an apartment.

Article 42. Handling of compensation and assistance in case of disputes and complaints

If a person who has his/her land expropriated or is affected upon land expropriation does not receive compensation and assistance according to the approved compensation, assistance and relocation plan or is having a dispute or complaint about the land use right or ownership of house and other properties (including the case in which a piece of land is shared among entities), which has not been completely settled, the compensation and assistance with respect to such land, house and other properties shall be transferred to the State Treasury pending the competent authority’s decision and then returned to its real user after the case is concluded.

Pending the settlement of the dispute or complaint, the person who has his/her land expropriated or is affected upon land expropriation shall still relocate or transfer land on schedule prescribed by the competent authority.

Article 43. Responsibilities of People’s Committees of districts and communes

1. The People’s Committee of districts where land is expropriated shall:

a) organize the provision of compensation, assistance, relocation within their districts.

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c) approve matters within their competence, including:

- Investigation and tallying plan;

- Land expropriation plan and progress;

- Training, career change and job hunting plans; compensation, assistance and relocation policies tailored for projects; compensation, assistance and relocation plans tailored for affected persons;

- Estimates of costs of providing compensation, assistance and relocation according to regulations imposed by HCMC People’s Committee;

- Certificate of homestead land use right and house ownership;

- Regulations on lot drawing and relocation plan.

d) settle disputes and complaints of households, individuals and organizations.

dd) establish and execute relocation projects (if any) and relocation plans prior to land expropriation. A centralized relocation area must ensure a uniform infrastructure, meet construction standards and regulations and conform to local conditions, customs and practices.

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g) submit reports on the provision of compensation, assistance and relocation and land expropriation to the Department of Natural Resources and Environment:

- On a monthly basis, regarding key projects executed within their districts;

- On a quarterly basis, regarding all projects executed within their districts.

2. The Presidents of People’s Committees of districts shall:

- Direct the provision of compensation, assistance, and relocation upon land expropriation within their districts;

- decide to establish compensation councils and working groups, organize the tailoring, approval and implementation of compensation, assistance and relocation policies for projects and compensation, assistance and relocation plans for each person who has his/her land expropriated or is affected;

- issue decisions on compulsory tallying, decisions on enforcement of compulsory tallying and decisions on enforcement of land expropriation in accordance with law;

- comply with decisions on compulsory tallying, decisions on enforcement of compulsory tallying and decisions on enforcement of land expropriation in accordance with law;

- approve plans for land expropriation, investigation, survey, measurement and inventorying.

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a) disseminate purposes of land expropriation and compensation, assistance and relocation policies;

b) cooperate with compensation councils in determining land and properties of people whose land is expropriated within (15) working days;

c) facilitate the provision of compensation, assistance and relocation to people who have their land expropriated or are affected upon land expropriation, and the receipt of land, land expropriation, expropriated land management in accordance with regulations laid down by Ho Chi Minh City.

Article 44. Responsibilities of authorities of Ho Chi Minh city and relevant units

1. Compensation Assessment Council of Ho Chi Minh city shall:

a) assist HCMC People’s Committee in policies related to the provision of compensation, assistance and relocation; request HCMC People’s Committee to solve difficulties arise from the unavailability or uncertainty of regulations of law;

b) instruct the People’s Committees of districts and project investors to comply with applicable regulations of law on compensation, assistance and relocation; provide instructions on the procedures and documents to serve the assessment of compensation, assistance and relocation plans; request comments from HCMC People’s Committee of Ho Chi Minh city in case the matters raised by the authorities and the People’s Committees of districts fall outside their competence;

c) Other duties as assigned by HCMC People’s Committee.

2. The Department of Natural Resources and Environment shall:

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b) cooperate with relevant authorities in determining land pricing coefficients as the basis for calculation of compensation, assistance and relocation and submitting them for assessment and approval as prescribed;

c) cooperate with authorities in solving difficulties in land law and land price as prescribed.

d) design training documents concerning provision of compensation, assistance and relocation upon land expropriation and provide professional training to agencies and units related to provision of compensation, assistance and relocation in Ho Chi Minh City.

3. The Department of Finance shall:

a) cooperate with the Department of Natural Resources and Environment and relevant authorities in determining land price as the basis for determination of compensation;

b) provide guidance on solving difficulties in land price valuation as prescribed;

c) handle issues concerning expenditures on compensation, assistance and relocation and costs of providing compensation, assistance and relocation;

d) instruct People’s Committees of districts to monitor, collect and pay the house rent and installment payments of people whose land is expropriated to the budget as prescribed (including the case in which investors voluntarily provide capital for compensation, assistance and relocation).

4. The Department of Planning and Investment shall provide counseling on planning expenditures on compensation, assistance and relocation with respect to projects funded by budget of Ho Chi Minh City and PPP projects.

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a) cooperate with authorities and People’s Committees of districts in creating, balancing and submitting relocation house funds of projects to HCMC People’s Committee.

b) solve organizations and individuals’ difficulties related to expropriation of state-owned houses and land.

c) perform state management of construction quality of relocation areas according to applicable regulations;

d) solve difficulties related to provision of compensation and assistance in the form of properties, works and architectures; compensation for construction costs according to the investment rates published by the Ministry of Construction;

dd) Provide guidance on and inspect the establishment and execution of state-funded relocation projects;

e) Provide guidance on valuation and approval of selling prices, lease prices, lease purchase prices of houses to serve relocation (including social houses).

6. The Department of Labor, War Invalids and Social Affairs shall:

a) cooperate with authorities and People’s Committees of districts in determining the assistance in training, career change and job hunting provided to people whose land is expropriated by the State;

b) provide guidance on determination of subjects and compensation according to the redundancy pay as prescribed;

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7. The Department of Industry and Trade shall assess costs of dismantling, transport and installation of machinery and equipment as prescribed in Point d Clause 3 Article 26 of this document.

8. The Department of Agriculture and Rural Development shall:

a) cooperate with relevant authorities in solving difficulties related to the compensation for plants and domestic animals as prescribed in Article 22 of this document;

b) provide guidance on provision of compensation, assistance and relocation when land is expropriated due to river and canal landslides.

9. The Department of Planning and Architecture shall:

a) publish the detailed planning for urban construction in accordance with regulations of law and solve difficulties related to planning and architecture within its competence;

b) provide information about planning, agreement on planning and architecture to the organizations that have to relocate due to land expropriation to ensure progress of land expropriation.

10. HCMC inspecting authority shall:

a) verify and handle organizations, households and individuals’ complaints and denunciations related to compensation, assistance and relocation upon land expropriation within its competence according to regulations of the Law on Complaints and the Law on Denunciations;

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11. Other authorities shall cooperate and participate in providing compensation, assistance and relocation upon land expropriation within their competence or as assigned.

12. Project investors (if an investor has been selected prior to land expropriation) or investors in compensation, assistance and relocation sub-projects (projects) (if the provision of compensation, assistance and relocation is included in a separate sub-project (project) and it is executed independently) shall:

a) cooperate with People’s Committees of districts where the land is expropriated in formulating a land expropriation plan;

b) sufficiently and promptly provide funding for provision of compensation and assistance and for organizing compensation, assistance and relocation;

c) propose or determine relocation houses and land to execute projects before formulating land expropriation plans; cooperate with local governments in taking residents to relocation houses and relocation land for inspection purpose;

d) cooperate with authorities and People’s Committees of districts where land is expropriated in solving problems related to investment projects.

Article 45. Providing rewards and imposing penalties

1. If organizations, households and individuals that have their land and houses expropriated or are affected upon land expropriation have accomplishments in implementing compensation, assistance and relocation policies and plans shall receive an additional assistance in cash according to Article 32 of this document.

Units and individuals that have accomplishments in providing compensation, assistance and relocation shall be rewarded according to the State’s applicable regulations.

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3. If agencies, units and organizations; households and individuals that have their land expropriated or are affected upon land expropriation; project investors and units and individuals in charge of compensation, assistance and relocation that commit violations against law shall, depending on the nature and severity of the violations, incur administrative or disciplinary penalties or criminal prosecution as prescribed.

Article 46. Assignment of responsibilities to authorities

1. Presidents of People’s Committees of districts are assigned to consolidate the their organizational machinery in charge of provision of compensation, assistance, relocation in order to satisfy the requirements for investment and development in Ho Chi Minh city.

2. Every compensation council shall disseminate and provide guidance on implementation of compensation, assistance and relocation policies and plans (after being approved by a competent authority) to people who have their land expropriated or affected within planning areas where works are constructed. Difficulties that fall outside the competence of compensation councils and People’s Committees of districts, People’s Committees of districts shall report them to competent authorities that are supervisory authorities of Ho Chi Minh City for consideration. If such difficulties fall outside their competence, authorities shall report them to HCMC People's Committee for decision.

3. People’s Committees of districts shall supervise and assist households that have their land expropriated or are affected by projects in life settlement, especially career counseling, vocational training, career change and job hunting, and completion of procedures and documents upon change of their residence and schools.

4. People’s Committees of districts, relevant authorities and investors should promptly report difficulties that arise during the implementation of this document to the Department of Natural Resources and Environment, which will request HCMC People’s Committee to consider making amendments to this document./.