In the draft Land Law (amended), issues of particular concern to the people such as compensation, support, and resettlement have been amended quite specifically, ensuring transparency and helping to limit complaints. To date, there have been more than 12 million comments from the people on this draft law.
Principles of compensation, support and resettlement
Diversify forms of compensation in cash, land with the same purpose of use, housing and land with a different purpose of use from the recovered land if the person whose land is recovered has the need and the locality has land fund conditions.
Supplementing regulations to create conditions for people whose residential land is recovered to be given priority in choosing the form of compensation in cash if needed and must register when making compensation, support and resettlement plans.
Amending the regulations on the time of issuance of land recovery decisions after the time of approval of compensation, support and resettlement plans. In cases where resettlement arrangements are required, land recovery decisions may only be issued after the handover of residential land and resettlement housing to the people whose land is recovered.
At the same time, there are regulations on a number of cases where land recovery is allowed if the person whose land is recovered agrees and has received compensation to arrange their own accommodation or has been arranged for temporary residence.
Supplementing regulations on the People's Committee of the commune where the land is recovered to coordinate with units and organizations directly performing the tasks of compensation, support and resettlement to investigate, determine and fully count actual damages on land use rights and assets attached to the recovered land, income from the use of land, assets attached to the recovered land, resettlement aspirations, and job conversion to ensure the rights and livelihoods of people whose land is recovered.
On land compensation
Stipulate land compensation conditions for each land user without referring to the conditions for granting Land Use Right Certificates to remove arising obstacles and facilitate implementation; revise regulations on land compensation conditions to ensure consistency and consistency with regulations on registration and granting of Land Use Right Certificates.
Supplementing regulations allowing compensation in the form of land with a different purpose than the recovered land for households and individuals whose residential land, agricultural land, and non-agricultural land other than residential land are recovered if the person whose land is recovered has a need and the locality has conditions regarding land and housing funds.
On property compensation
Amending regulations on housing and construction works attached to land of households and individuals in the direction of compensation equal to the new construction value of housing and construction works with equivalent technical standards.
Supplementing regulations assigning provincial People's Committees to issue unit prices for compensation for damage to houses, construction works, crops, and livestock to ensure consistency with market prices and to consider adjustments when there are fluctuations to serve as a basis for calculating compensation when reclaiming land.
About support
Supplementing regulations on support for training, career conversion, and job search for individuals who are social protection beneficiaries, beneficiaries of monthly social allowances, war invalids, sick soldiers, and families of martyrs.
Adjust regulations on conditions for support in training, career conversion and job search towards removing the condition of "being of working age" for "people directly involved in agricultural production" to ensure the rights and benefits of people whose land is recovered.
Supplemental support for owners of production and business establishments that have to stop production and business due to land acquisition by the State; support for relocation of livestock for people whose land is acquired.
About resettlement
Supplement specific regulations on resettlement areas that ensure conditions for technical infrastructure, social infrastructure and are consistent with the cultural traditions and customs of the residential community where the land is recovered; specify resettlement locations; prioritize on-site resettlement.
Supplementing regulations that resettlement areas must ensure access to health care, education, culture, sports, markets, trade - services, entertainment, recreation, and cemeteries.
Supplementing regulations on compensation by allocation of residential land or resettlement housing for households and individuals whose agricultural land or non-residential non-agricultural land is recovered and who are eligible for land compensation but need compensation by residential land or housing and the locality has conditions for residential land and housing funds.
Regulations on cases where people whose residential land is recovered and have no other place to live will be arranged to live in temporary housing or receive support for housing rental while waiting for resettlement.
Consider additional support for allocating additional residential land with land use fees or selling, leasing, or leasing-purchasing houses in cases where households have multiple generations or multiple couples living together on a recovered residential land plot.
Supplementing regulations assigning responsibilities to the provincial People's Committee based on the land fund, resettlement housing and local reality to specify in detail the reward mechanism for people whose land is recovered to hand over the site before the deadline and the minimum resettlement quota.
The amendment aims to unify the understanding of resettlement support to distinguish it from the case of compensation with residential land in resettlement areas.
Payment of compensation, support and resettlement
Amend the regulations on the deadline for compensation and support payment within 30 days from the date of the decision to approve the compensation, support and resettlement plan to ensure that this is done one step ahead.
Supplementing regulations on compensation, support and resettlement payments for owners of properties attached to land to resolve cases where the land user and property owner are two different entities on the same plot of land.
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