Quyết định 2680/2014/QD-UBND

DECISION

COMPENSATION, ASSITANCE AND RELOCATION UPON LAND EXPROPRIATION IN HAI PHONG CITY

THE PEOPLE’S COMMITTEE OF HAI PHONG CITY

Pursuant to the 2003 Law on Organization of the People’s Councils and the People’s Committees;

Pursuant to the 2004 Law on Promulgating of legislative documents by the People’s Council and the People’s Committee;

Pursuant to the 2013 Law on Land;

Pursuant to the Government's Decree No. 43/2014/NĐ-CP dated May 15, 2014 elaborating the Law on Land; the Government's Decree No. 47/2014/NĐ-CP dated May 15, 2014 on compensation and relocation in case of land expropriation;

Pursuant to Circular No. 37/2014/TT-BTNMT dated June 30, 2014 of the Ministry of Natural Resources and Environment on compensation, assistance and relocation in case of land expropriation;

At the request of Departments of Natural Resources and Environment in Document No. 503/TTr-STN&MT dated October 29, 2014; Report No. 179/BC-STN&MT dated November 26, 2014; Report No. 183/BC-STN&MT dated December 01, 2014; Report No. 41/BCTĐ-STP dated October 10, 2014, Departments of Justice has verified the draft of the Decision on compensation, assistance and relocation upon land expropriation in Hai Phong city,

DECISION

Article 1. Regulations on compensation, assistance and relocation upon land expropriation in Hai Phong city are promulgated together with this Decision.

Article 2.

1. This Decision comes into force after 10 days from the day on which it is signed.

2. This Decision replaces Decision No. 130/2010/QĐ-UBND dated January 22, 2010 and Decision No. 1263/2010/QĐ-UBND dated July 30, 2010 of the People’s Committee of Hai Phong city.

Article 3. Chief of Office of the People’s Committee of Hai Phong city, Directors of the Department of Natural Resources and Environment, Department of Finance, Department of Construction, Department of Agriculture and Rural development, Department of Planning and Investment, Department of Labor, War Invalids and Social Affairs, Department of Taxation of Hai Phong city, Presidents of the People’s Committees of districts, heads of organizations, relevant households and individuals are responsible for implementation of this Decision./.

REGULATIONS

ON COMPENSATION AND RELOCATION UPON LAND EXPROPRIATION IN HAI PHONG CITY
(Promulgated together with Decision No. 2680/2014/QĐ-UBND dated December 03, 2014 of the People’s Committee of Hai Phong city)

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This document provides for compensation, assistance and relocation upon land expropriation in Hai Phong city.

2. The Law on Land, the Government's Decree No. 47/2014/NĐ-CP dated May 15, 2014 on compensation, assistance and relocation in case of land expropriation (hereinafter referred to as "Decree No. 47/2014/NĐ-CP") and relevant legislative documents shall apply to the issues that are not regulated by this document.

Article 2. Regulated entities

1. The People’s Committees in Hai Phong city, natural resources and environment authorities, planning and investment authorities, construction authorities, finance authorities, agriculture authorities and relevant authorities; cadastral officials of communes, organizations in charge of compensation, assistance and relocation (hereinafter referred to as “compensating bodies”).

2. Land users specified in Article 5 of the Law on Land in case of land expropriation.

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

Article 3. Distribution of compensation among entities sharing a piece of land

The distribution of compensation among entities sharing a piece of land is specified in Clause 2 Article 15 of Decree No. 47/2014/NĐ-CP and shall be carried out as follows:

1. If the entities sharing a piece of land are able to reach an agreement, one of them shall be authorized in writing to receive the compensation. The compensating body shall provide compensation for the authorized person.

2. If the entities sharing a piece of land are not able to reach an agreement, relevant regulations of law shall apply. Before an agreement is reached, the compensation shall be deposited into a state treasury account by the compensating body and land shall be transferred in accordance with the decision on land expropriation.

Chapter II

COMPENSATION FOR LAND

Article 4. Compensation for remaining investment in land

Remaining investment in land without documentary evidence specified in Clause 3 Article 3 of Decree No. 47/2014/NĐ-CP shall be determined as follows:

1. Regarding aquaculture land:

a) If the local authority invests in aquaculture land and sign contracts to use such land with households and individuals, the land users will receive a compensation equal to 15% of the land price; the People’s Committee of the commune will receive a compensation equal to 15% of the price for aquaculture land at the same location according to the land price schedule.

b) If the local authority sign contracts with households and individuals for use of aquaculture land, the land users will receive a compensation equal to 20% of the price for aquaculture land at the same location according to the land price schedule;

c) If aquaculture land is reclaimed by an organization, household or individual, the compensation will be 20% of the price for aquaculture land at the same location according to the land price schedule;

d) If a business organization signs a contract with a household or individual to use a piece of aquaculture land under its management, the household or individual will receive a compensation equal to 10% of the land price, the business organization will receive a compensation equal to 10% of the land price for land at the same location according to the land price schedule;

dd) If the aquaculture is classified as productive, the compensation mentioned in Points a through d Clause 1 of this Article shall be multiplied by (x) 2;

e) If the contract specifies benefits and obligations of the parties, the compensating body shall determine the benefits of each party in accordance with law and the contract.

2. Regarding production forest land:

a) If the local authority allocates a piece of production forest land to a household or individual, the compensation shall be 8% of the price for production forest land at the same location according to the land price schedule;

b) If the local authority signs a contract with household or individual for use of a piece of production forest land or the land is reclaimed by a household or individual or allocated by the State to a household or individual for long-term use, the land user will receive a compensation equal to 12% of the price for production forest land at the same location according to the land price schedule;

c) If a business organization signs a contract with a household or individual to use a piece of production forest land under its management, the household or individual will receive a compensation equal to 5% of the land price, the business organization will receive a compensation equal to 10% of the land price for production forest land at the same location according to the land price schedule;

d) If the contract specifies benefits and obligations of the parties, the compensating body shall determine the benefits of each party in accordance with law and the contract.

3. Regarding farming land for annual and perennial plants, the land user will receive a compensation equal to 20% of the price for land with the same purpose at the same location according to the land price schedule.

4. Regarding land for salt production, the land user will receive a compensation equal to 20% of the price for land with the same purpose at the same location according to the land price schedule.

5. Regarding non-farming land (other than homestead land), the land user will receive a compensation equal to 20% of the price for land with the same purpose at the same location according to the land price schedule. Nevertheless, the price must not exceed VND 500,000/m².

Article 5. Settlement of farming land after expropriation

1. After expropriation, the area of farming land in the same piece of land is no longer suitable for agricultural production, the People’s Committee of the district shall encourage its user to transfer it to the user of the adjacent land or request land expropriation and compensation as prescribed.

2. The area of expropriated land mentioned in Clause 1 of this Article shall be managed by the People’s Committees of communes.

Article 6. Compensation for expropriation of homestead land

1. Areas of residential area or apartment area mentioned in Clause 2 Article 6 of Decree No. 47/2014/NĐ-CP:

a) For urban districts: 40 m² per household;

b) For rural districts: 60 m² per household;

c) For relocation apartment buildings: 45 m²/household;

d) If the area of land or apartment exceeds the aforementioned limits, the recipient shall pay for the excess area in accordance with Clause 2 Article 24.

2. In the following cases, the land area that remains after expropriation will be considered no longer suitable for residential purposes as prescribed in Clause 1a and 1b Article 6 of Decree No. 47/2014/NĐ-CP:

a) The length of the piece of land is shorter than 5 m and the width is shorter than 3 m;

b) The remaining land area is smaller than 20 m² in an urban area or an intended urban area or 40 m² in a rural area and the shape of the land is not suitable for residential purposes.

3. The land area specified in Clause 2 of this Article shall be managed by the People’s Committee of the commune according to land planning.

4. The homestead land price as the basis for determination of land levies in the cases mentioned in Clause 4 Article 6 of Decree No. 47/2014/NĐ-CP shall be determined in accordance with Clause 2 Article 24 of this document.

Article 7. Compensation in case of expropriation of non-homestead non-farming land of households and individuals

1. A household or individual using a piece of non-homestead non-farming land leased out by the State and eligible for land rent exemption according to Clause 3 Article 7 of Decree No. 47/2014/NĐ-CP will receive a compensation in the form of land with the same purpose. If such land is not available locally, the compensation will be provided in cash at the price for land at the same location for the same purposes.

2. The price for homestead land as the basis for determination of land levy when the State allocate lands to households and individuals and collect land levy as prescribed in Clause 5 Article 7 of Decree No. 47/2014/NĐ-CP shall be determined in accordance with Clause 2 Article 25 of this document.

Article 8. Area of homestead land provided for households and individuals whose land is expropriated because of unexpected landslide or subsidence

In the cases where a household or individual whose land is partially or totally expropriated because of unexpected landslide or subsidence and the remaining area is no longer usable according to Clause 2a Article 16 of Decree No. 47/2014/NĐ-CP relocation land shall be provided as follows:

1. In urban districts: at least 40 m².

2. In rural districts: at least 60 m².

3. The provided land area must not exceed the maximum limit imposed by the local authority.

Article 9. Compensation for limited uses of land in safety corridors

Compensation for limited uses of land in safety corridors shall be provided if the purposes of the land is not changed but its uses are limited according to Clause 2 Article 10 of Decree No. 47/2014/NĐ-CP:

1. Regarding a piece of land in the aerial cable safety corridor:

a) If the conditions for provision of compensation for limited uses specified in Clause 1b Article 19 of the Decree No. 14/2014/NĐ-CP are satisfied, the compensation for the area of land within the safety corridor will be 80% of the compensation for expropriation of homestead land at the same location according to the land price schedule.

b) In the same piece of land that consists of homestead land and other types of land, if the safety corridor occupies a space larger than the homestead land area according to Clause 1c Article 19 of Decree No. 14/2014/NĐ-CP and the land user is eligible for compensation, the compensation for the occupied area of other types of land will be 80% of the compensation for the same type of land at the same location according to the land price schedule.

c) If the conditions specified in Clause 1a and 1b of this Article are not fully satisfied, the compensation will be 40% of the compensation for expropriation of same type of land at the same location according to the land price schedule.

d) Regarding land for perennial plants and production forest land specified in Clause 2 Article 19 of Decree No. 14/2014/NĐ-CP the compensation for the area of land within the aerial cable safety corridor will be 30% of the compensation for land with the same purposes and the same location according to the land price schedule.

2. The People’s Committees of districts shall request the People’s Committee of Hai Phong city to consider the specific compensation for limited uses of land in the safety corridors of other works.

Chapter III

COMPENSATION FOR PROPERTY

Article 10. Compensation for houses and construction works (including residential houses and works)

1. The rates of compensation for houses, construction works and architectures (hereinafter referred to as “construction works”) imposed by the People’s Committee of Hai Phong city shall apply.

2. Regarding construction works that apply technical standards established by relevant Ministries, the new rates of compensation for construction works imposed by the People’s Committee of Hai Phong city may be applied.

3. If the rates of compensation imposed by the People’s Committee of Hai Phong city cannot be applied, the compensating body shall issue a inspection record, have it certified by the People’s Committee of the commune where the expropriated land is located which specifies the construction and its status, hire a consultancy unit to estimate the costs of construction of a new work with the same technical standards according to the as-built dossier or financial statement (if any).

According to the drawings and estimates produced by the consultancy unit, the compensating body shall request the Provincial Department of Construction (if the construction work is under management of the People’s Committee of Hai Phong city) or Urban Management Office (if the construction work is under management of the People’s Committee of an urban district) or Infrastructure Office (if the construction work is under management of a rural district) to verify the compensation rate. According to the verification, the compensating unit shall request the People’s Committee at the same level as the verifying authority to consider approving the compensation plan.

Article 11. Compensation for loss of construction works on land

1. Compensation for construction works on land in case of land expropriation mentioned in Clause 1 Article 9 of Decree No. 47/2014/NĐ-CP:

a) Formula for calculation of compensation for loss of a construction work on land:

M_bt = T_gt + T_gt x 60%

M_bt: Compensation

T_gt: Current value of the lost construction work

b) The compensation shall not exceed the value of a new construction work with the same technical standards as lost house or construction work.

2. The depreciation periods of construction works in Clause 2 Article 9 of Decree No. 47/2014/NĐ-CP are determined in accordance with Circular No. 45/2013/TT-BTC To be specific:

3. If the compensation according to Clause 1 of this Article is smaller than 30% of the value of a new construction work but the work is being used stably, the compensation will be 30% of the value according to the rates of compensation imposed by the People’s Committee of Hai Phong city.

Article 12. Compensation for construction works that fail to meet technical standards established by relevant Ministries

1. Regarding construction works serving business operation on non-farming land or farming land used by an organization, household or individual under a contract or a decision by a competent authority:

a) If the land is expropriated before the expiration date of the contract or decision, compensation will be provided in accordance with Article 11 of this document;

b) If the land is expropriated after the expiration date of the contract or decision, compensation will be 50% of the current value of the construction work;

c) If the compensation calculated is smaller than 30% of the value of a new construction work, the compensation will be 30% of the value according to the rates of compensation imposed by the People’s Committee of Hai Phong city.

2. Regarding huts on farming land of a household or individual:

a) If the hut is built for security purposes, the compensation will be 100% of the cost of building a new one;

b) The maximum area eligible for compensation is 30 m² (area of construction work excluding banks, dikes, paths, perimeter walls, fences);

c) Limited number of huts eligible for compensation:

- If the area is not exceeding 05 hectares: 01 hut;

- If the area is exceeding 05 hectares but not exceeding 15 hectares: 02 huts;

- If the area is exceeding 15 hectares but not exceeding 20 hectares: 03 huts;

- If the area is exceeding 20 hectares: 04 huts.

- If the area or number of huts exceeds the aforementioned limits, the compensation will be 50% of the costs of building new ones. Compensation shall not be provided if a hut is built against a written request for suspension of the construction issued by a competent authority.

Article 13. Compensation for property on land in safety corridors

Compensation for property on land in safety corridors shall be provided if the purposes of the land are not changed according to Clause 2 Article 10 of Decree No. 47/2014/NĐ-CP:

1. Regarding a construction work in the aerial cable safety corridor:

a) If part or entire area of a construction work is inside the aerial cable safety corridor and the land area is eligible for compensation, compensation will be provided in accordance with Clause 1b Article 18 of Decree No. 14/2014/NĐ-CP which is 70% of the value of a new one;

b) If part or entire area of a construction work is inside the aerial cable safety corridor and the land area is not eligible for compensation, compensation will be provided in accordance with Clause 1c Article 18 of Decree No. 14/2014/NĐ-CP which is 35% of the value of a new one.

2. The People’s Committees of districts shall request the People’s Committee of Hai Phong city to consider the specific compensation for construction works in the safety corridors of other works according to the impacts.

Article 14. Compensation provided for users of state-owned houses

The tenant of a state-owned house in a expropriated land shall receive a compensation for the cost of repair or renovation of the house according to Clause 1 Article 14 of Decree No. 47/2014/NĐ-CP but shall not receive compensation for the illegally expanded area (if any). Compensation rates:

1. The compensation for the repair or renovation of the house or within the land area where the house is located which is granted a construction license by a competent authority or exempt from the construction license is 100% of its value.

2. The compensation for the repair or renovation of the house or within the land area where the house is located which is not exempt from the construction license and is granted a construction license by a competent authority is 50% of its value.

Article 15. Reimbursement of relocation costs incurred by tenants of houses that are not owned by the State

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 according to Article 23 of Decree No. 47/2014/NĐ-CP will have the relocation cost reimbursed in accordance with Article 19 of this document.

Article 16. Compensation for grave relocation

In case of relocation of a grave that is not regulated in Clause 1 Article 8 of Decree No. 47/2014/NĐ-CP the family owning the relocated grave will be provided with a land area and have the relocation cost and other reasonable costs reimbursed in accordance with Article 18 of Decree No. 47/2014/NĐ-CP To be specific:

1. Initial graves:

a) Earth graves: VND 2,500,000/grave

b) Simple grave:

- Volume under 0.4 m³: VND 3,000,000/grave;

- Volume from 0.4 m³ to 0.6 m³: VND 3,500,000/grave;

- Volume over 0.6 m³: VND 4,500,000/grave.

c) Decorated graves and mausoleum-style graves: depending on the condition of the grave. The compensation is determined according to the price for a simple grave plus (+) decoration costs. A cost estimate shall be made for mausoleum-style graves.

2. Relocated graves:

a) Exceeding 1 year but not exceeding 3 years: VND 7,000,000/grave;

b) Exceeding 3 years: VND 5,000,000/grave;

c) Not exceeding 1 year: the compensating body shall cooperate with the People’s Committee of the commune in determining the compensation and request the People’s Committee of the district to decide.

3. Grave relocation cost:

a) Relocated to a location 5 – 10 km outside the commune: VND 2,000,000/grave;

b) Relocated to a location more than 10 km outside the commune: VND 3,000,000/grave;

c) Relocated to a location under 5 km within the commune: VND 1,500,000/grave

4. Other costs:

a) Replacement of broken urns: VND 1,000,000/grave;

b) Relocated to another cemetery: VND 1,000,000/grave;

c) Costs of offerings: VND 2,000,000/grave;

d) Costs of offerings for scattered graves: VND 100,000/grave (payable to the grave management).

Article 17. Compensation for domestic animals

Compensation for aquatic animals according to Clause 2b Article 90 of 2013 Law on Land:

1. Compensation shall be provided according to the unit prices for plants and domestic animals imposed by the People’s Committee of Hai Phong city.

2. Compensation and reimbursement of relocation costs:

a) Compensation for domestic animals at the beginning of the construction cycle: 50% of the price;

b) Compensation for domestic animals at the middle of the construction cycle: 70% of the price;

c) Compensation for domestic animals ready for harvest: 10% of the price;

d) Harvested animals shall not be compensated;

dd) For high-value ornamental aquatic animals: maximum reimbursement of relocation costs and compensation for devaluation is 02 times the price for common animals of the same species. The compensating body shall determine the specific compensation in special cases and request the People’s Committee at the same level to decide.

Article 18. Compensation for plants

Compensation for plants shall be provided according to the unit prices for plants and domestic animals imposed by the People’s Committee of Hai Phong city.

Article 19. Compensation for property relocation

Compensation for property relocation in case of land expropriation shall be provided in accordance with Article 91 of 2013 Law on Land. To be specific:

1. For machines and manufacture lines: the compensating body shall inspect their condition and issue an inspection record which has to be certified by the People’s Committee of the commune where the expropriated land is located, then hire a consultancy unit to estimate the costs of disassembly, relocation and reinstallation and the damage (if any) and send the estimate to the presiding authority and relevant authorities for verification and to the People’s Committee at the same level for decision.

2. When a piece of property is disassembled, moved and reinstalled, the compensation will be 10% of the property value.

Chapter IV

ASSISTANCE POLICIES

Article 20. Assistance in life and business settlement

Assistance in life and business settlement in case of land expropriation specified in Clause 7 Article 19 of Decree No. 47/2014/NĐ-CP:

1. VND 3,000,000 per person who has his/her name enumerated in the family register and actually lives in the household whose homestead land is expropriated.

2. Assistance in life and business settlement in case of land expropriation specified in Clause 3 Article 19 of Decree No. 47/2014/NĐ-CP:

a) A household or individual that has 30% - 70% of farming land area expropriated and has to move to a disadvantaged area will receive assistance for 24 month.

b) A household or individual that has more than 70% of farming land area expropriated and has to move to a disadvantaged area will receive assistance for 36 month.

3. Assistance in business settlement in case of land expropriation specified in Clause 4 Article 19 of Decree No. 47/2014/NĐ-CP:

a) A household or individual that receive compensation in the form of farming land will receive assistance in business settlement in the form of plant varieties, domestic animal breeds, agriculture/forestry extension services, plant protection services, veterinary services; farming and breeding techniques or industrial plant cultivation techniques whose value is 20% of the price for land with the same purposes according to the land price schedule;

b) A lump sum assistance equal to 30% of a year’s post-tax income according to the average income of the last 03 years shall be provided if a business organization, household, individual or foreign-invested company having accounting documents has to suspend their business when the State expropriates land.

c) A lump sum assistance shall be provided according to the amount of license tax payable if a business organization, household, individual or foreign-invested company without accounting documents has to suspend their business when the State expropriates land:

3. Employees of the business organization, household, individual or foreign-invested company mentioned in Clause 1dd and Clause 6 Article 19 of Decree No. 47/2014/NĐ-CP who have employment contracts shall receive redundancy pay for 6 months in accordance with employment laws.

Article 21. Assistance in training, career change and job hunting in case of farming land expropriation

1. Assistance in training, career change and job hunting according to Clause 1 Article 20 of Decree No. 47/2014/NĐ-CP is 05 times the unit price for farming land of the same kind at the same location according to the land price schedule issued by the People’s Committee of Hai Phong city multiplied by (x) the expropriated area. The area eligible for assistance must not exceed the limit on farming land allocation imposed by the local government.

2. Pursuant to the employment policies of the Prime Minister (Decision No. 1956/QĐ-TTg dated November 27, 2009 and Decision No. 52/2012/QĐ-TTg dated November 16, 2012), the People’s Committee of each district shall formulate, assess and approve a plan for provision of assistance in training, career change and job hunting for people in the working age in their district and organize the implementation of such plan.

Article 22. Assistance in training, career change and job hunting in case of expropriation of land use for both residential and business purposes

Assistance in training, career change and job hunting in case of expropriation of land use for both residential and business purposes that results in relocation of a household or individual according to Clause 3 Article 21 of Decree No. 47/2014/NĐ-CP:

1. If the receipt for payment of license tax of VND 750,000 or VND 1,000,000 can be produced, the assistance will be 10% of the price for homestead land at the same location according to the land price schedule.

2. If the receipt for payment of license tax of VND 300,000 or VND 500,000 can be produced, the assistance will be 8% of the price for homestead land at the same location according to the land price schedule.

3. If the receipt for payment of license tax of VND 50,000 or VND 100,000 can be produced, the assistance will be 6% of the price for homestead land at the same location according to the land price schedule.

4. If the receipt for payment of license tax is not produced, the assistance will be 4% of the price for homestead land at the same location according to the land price schedule.

5. The land area eligible for assistance mentioned in Clause 1 through 4 of this Article is the actual area used for business operation.

Article 23. Assistance in case of expropriation of public land of the commune

The assistance in case of expropriation of a piece of public land of the commune according to Article 24 of Decree No. 47/2014/NĐ-CP is 80% of the price for land with the same purpose at the same location according to the land price schedule. The assistance shall be aggregated with the annual budget estimate of the commune and used for construction of infrastructure or public services of the commune.

Chapter V

RELOCATION

Article 24. Prices for relocation land

The price for relocation land which is the basis for determination of land levy according to Clause 3 Article 86 of the Law on Land is calculated as follows:

1.

G_tđc = C_gpmb + C_htbq

G_tđc: Price for relocation land;

C_gpmb: average cost of compensation and assistance in the relocation area per m² of homestead land, which must not exceed the price for common homestead land at the same area according to the land price schedule)

C_htbq: Average cost of construction of internal roads and drainage works in the relocation area per m² of homestead land according to the cost estimate approved by a competent authority (excluding cost of leveling, public lighting, public water supply in the relocation area and other costs); the difference shall be aggregated with the total investment in the project.

2. The land price which is the basis for determination of land levy applied to households and individuals that are not eligible for relocation and are provided with levied land in the relocation area shall be increased by 20% of the price applied to eligible households at the same location.

3. The People’s Committees of districts shall submit land pricing plans to the Department of Natural Resources and Environment, which will submit them to the Land Valuation Council and the People’s Committee of Hai Phong city.

Article 25. Assistance in relocation

1. Each household or individual or overseas Vietnamese citizen that has to relocate according to Clause 2 Article 22 of Decree No. 47/2014/NĐ-CP and makes a written commitment to find a residence themselves will be given an assistance equal to 30% of that provided for a household eligible for assistance. Nevertheless, the assistance must not exceed VND 400,000,000 or fall below VND 180,000,000 per household in an urban district; must not exceed VND 250,000,000 or fall below VND 100,000,000 per household in a rural district.

2. Each household or individual who has to relocate within the city will receive a relocation assistance (to the temporary residence and from the temporary residence to the relocation area) equal to VND 5,000,000. In case of relocation to another province, the assistance will be VND 7,000,000 per household.

3. Each person whose homestead land and house is expropriated without another residence will be relocated to a temporary residence or receive an assistance equal to VND 12,000,000 to rent a residence.

4. Each household or individual provided with relocation land or relocation house will receive an life settlement assistance of VND 6,000,000.

Article 26. Minimum relocation package

A minimum relocation package according to Clause 3 Article 27 of Decree No. 47/2014/NĐ-CP is specified in below:

1. Minimum area of land or apartment:

a) Land: 40 m² in urban districts; 60 m² in rural districts;

b) Apartment: 45 m².

2. A minimum relocation package in cash:

P_tt = S_tt x G_tđc

P_tt: Minimum amount;

S_tt: Minimum area of land or apartment specified in Clause 1a and 1b hereof.

G_tđc: Land price in the relocation area decided by the People’s Committee of Hai Phong city or relocation house price approved by the People’s Committee of Hai Phong city.

Chapter VI

IMPLEMENTATION

Article 27. Responsibilities for compensation, assistance and relocation

1. Compensating bodies include:

a) Land Development Center;

b) Compensation, assistance and relocation councils of districts.

2. The compensation, assistance and relocation council of a district shall be presided over the People’s Committee of the district. Its members are representatives of the finance, environment, trade authorities of the district, the People’s Committees of the communes where land is expropriated, investors and other members appointed by the People’s Committee of the district.

3. The Land Development Center affiliated to the Department of Natural Resources and Environment is responsible for compensation, assistance and relocation related to the projects specified in Clause 1 Article 66 of the Law on Land and other projects specified by the People’s Committee of Hai Phong city.

4. The compensating body of each district is responsible for compensation, assistance and relocation related to the projects that involves land expropriation in the district, except for the cases mentioned in Clause 3 of this Article.

Article 28. Preparing, assessing and approving compensation, assistance and relocation plans

1. Land origins shall be determined by branches of the Land Registration Office and the People’s Committees of communes, verified by the Office of Natural Resources and Environment of the district and certified by the People’s Committee of the district. The results of land origin verification shall be published at the People’s Committee of the commune before the compensation plan is prepared.

2. The People’s Committee of the district is authorized to decide land expropriation and approve compensation, assistance and relocation plan in the cases mentioned in Clause 3 Article 66 of the Law on Land (including projects that involve expropriation of land in more than one district).

3. The compensation, assistance and relocation plan shall be assessed in accordance with Clause 3 Article 17 of Decree No. 47/2014/NĐ-CP and Article 13 of Circular No. 37/2014/TT-BTNMT.

4. If the authority presiding the assessment of the compensation, assistance and relocation plan requests comments from relevant authorities, the comments must be sent to the presiding authority within 10 working days.

5. In the cases where the compensating body hires a consultancy unit to estimate the cost of construction, disassembly, transport, reinstallation of a machinery system or manufacture line, the consultancy unit must have legal status and capacity as prescribed by law.

Article 29. Administrative costs of compensation, assistance and relocation

1. The compensating body shall estimate the cost of provision of compensation, assistance and relocation of each project, which must not exceed 2% of the total cost of compensation and assistance of the project (except for the cases in Clause 2 Article 31 of Decree No. 47/2014/NĐ-CP) and submit the estimate to the People’s Committee of the district for approval.

2. The estimate of costs of compensation, assistance and relocation shall ensure that:

a) The budget for assessing and approving the compensation, assistance and relocation plan is 10%. The environment authority is responsible for management of this budget;

b) The budget for provision of compensation is 80%, including: holding meetings with users of expropriated land: 7%; site inspection: 30%; protection: 5% (if any); land origin verification: 10%; plan preparation: 25%; relocation land transfer: 3%. The Land Development Center is responsible for management of this budget;

c) The budget for inspection, guidance and settlement of difficulties during the preparation, assessment and approval of the compensation, assistance and relocation plan by the People’s Committee of the district: 5%. The Department of Natural Resources and Environment is responsible for management of this budget;

d) Provision: 5%.

The remainder (if any) shall be aggregated with provisions and planned expenditures of the compensating body, which may be offset against budget deficit. The executing or presiding authority shall use the budgets for performance of their respective tasks. The management and use of budgets for compensation, assistance and relocation shall be stated as prescribed.

Article 30. Responsibilities of organizations and individuals related to compensation, assistance and relocation

1. Organizations, households and individuals whose land is expropriated shall comply with the decisions on land expropriation issued by competent authorities. They may file enquiries and complaints in accordance with law.

2. The People’s Committees in Hai Phong city, natural resources and environment authorities, planning and investment authorities, construction authorities, finance authorities and relevant authorities; cadastral officials of communes shall perform their tasks related to compensation and land clearance.

3. Authorities of Hai Phong city:

a) The Department of Natural Resources and Environment of Hai Phong city shall:

- Take charge and cooperate with relevant authorities in assessing compensation, assistance and relocation plans and drafting decisions to approve such plans if they are approved by the People’s Committee of Hai Phong city.

- Determine land prices as the basis for determination of compensation for land expropriation;

- Take charge and cooperate with relevant authorities in providing instructions, inspecting and supervising the implementation of this document; report difficulties that arise to the People’s Committee of Hai Phong city for consideration;

b) Departments of Finance is the standing body of Land Valuation Council of Hai Phong city, which is responsible for land valuation as the basis for provision of compensation; assess legal contents of the compensation, assistance and relocation plans submitted to the People’s Committee of Hai Phong city for approval;

c) The Department of Construction of Hai Phong city shall cooperate with relevant authorities and the People’s Committees of districts in establishing rates of compensation for construction works and submit them to the People’s Committee of Hai Phong city for promulgation; assessing construction and investment contents of compensation, assistance and relocation plans submitted to the People’s Committee of Hai Phong city for approval.

d) The Department of Agriculture and Rural development of Hai Phong city shall:

- Take charge and cooperate with the People’s Committees of districts in establishing unit prices for plants, domestic animals, construction works and items serving agricultural production; criteria for effective aquaculture and submit them to the People’s Committee of Hai Phong city for approval.

- Assess agriculture, forestry, irrigation and aquaculture contents in the compensation, assistance and relocation plans submitted to the People’s Committee of Hai Phong city for approval;

dd) The Department of Industry and Trade of Hai Phong city shall provide instructions on determination of perimeters of safety corridors of power line and other public works, the level of limited uses and their impacts;

e) The Department of Labor, War Invalids and Social Affairs of Hai Phong city shall instruct the People’s Committees of districts where land is expropriated to prepare their plans for provision of assistance in training, career change and job hunting for users of expropriated land in the working age in accordance with Clause 2 Article 21 hereof;

f) Relevant authorities, within the scope of their competence, shall cooperate with the Department of Natural Resources and Environment and the People’s Committees of districts in carrying out inspections and preparing compensation, assistance and relocation plans; assess compensation, assistance and relocation plans at the request of the presiding authority.

4. The People’s Committees of districts shall:

- Prepare, assess and approve compensation, assistance and relocation plans in case of land expropriation under their management and where authorized by the People’s Committee of Hai Phong city; organize implementation of such plans, land clearance and transfer of land to investors in their districts;

- Submit annual reports on results of compensation, assistance and relocation in their districts before November 15 to the Department of Natural Resources and Environment, which will report to the Ministry of Natural Resources and Environment in accordance with Clause 2 Article 33 of Decree No. 47/2014/NĐ-CP.

Article 31. Transition clauses

Transition clauses are specified in Clause 3 and Clause 4 Article 34 of Decree No. 47/2014/NĐ-CP/