Previously, the Office of the Hanoi People's Committee issued documents No. 12441/VP-TNMT dated October 11, 2024; 13926/VP-TNMT dated November 16, 2024 notifying the direction of Vice Chairman of the Hanoi People's Committee Duong Duc Tuan: assigning the Department of Natural Resources and Environment to preside over and coordinate with the Department of Construction and relevant units to review and guide the content of the Hoang Mai District People's Committee's proposal on compensation, support and resettlement policies, and temporary residence support for the implementation of the Tam Trinh road construction project.
Maximum benefits for people
Accordingly, to ensure consistency in other support policies of the Project, between households whose land has been recovered and those whose compensation plans have not been approved; to soon stabilize the lives of people whose land has been recovered, and to speed up the project implementation progress, the Department of Agriculture and Environment reports and requests the City People's Committee to consider and resolve as follows:
Approve other support policies as proposed by the People's Committee of Hoang Mai District; assign the People's Committee of Hoang Mai District to review the time of land recovery notification for cases where compensation, support and resettlement plans have not been approved; approve other support plans for cases that are not eligible for compensation for works and housing for households (plans have not been approved) similar to other support policies previously approved by the People's Committee of Hoang Mai District for households when the State recovers land to implement the Tam Trinh road construction project, according to the provisions of Clause 2, Article 108 of the 2024 Land Law.
Hoang Mai District People's Committee proposes to consider and decide on other support levels to support constructions and housing for cases that are not eligible for compensation for constructions and housing (according to Article 14 of Decision No. 10/2017/QD-UBND dated March 29, 2017 of the City People's Committee), with specific contents according to the timeline.
In cases where the provisions of the 2024 Land Law are more favorable to people whose land is recovered, it is allowed to adjust the plan according to the 2024 Land Law to create high consensus in implementing compensation, support, resettlement, and land recovery.
Regarding this issue, on December 26, 2024, the Department of Construction issued Document No. 11009/SXD-KTXD stating that: according to the provisions of Clause 2, Article 108 of the 2024 Land Law: "In addition to the support prescribed in Clause 1 of this Article, based on the actual situation in the locality, the Provincial People's Committee shall decide on other measures and levels of support to ensure accommodation, stabilize life and production for people whose land is recovered, and property owners for each specific project".
Therefore, to ensure that households whose land is recovered and have construction works on the land can stabilize their lives, the District People's Committee is requested to review the time of issuing land recovery notices to households, the direction of the Hanoi People's Committee in Official Dispatch No. 11794/VP-TNMT dated September 26, 2024, send to the Department of Natural Resources and Environment for synthesis, and report to the City People's Committee to consider approving other support policies equivalent to the support level for construction works for housing but built illegally, previously the Hoang Mai District People's Committee approved for 381 households when implementing the Tam Trinh road construction project.
Understanding, reasonable, showing seriousness
According to Chairman of Hoang Mai District People's Committee Nguyen Minh Tam, out of a total of 786 households using land in 3 wards of Hoang Van Thu, Mai Dong, Yen So within the Project boundary, 381 households with illegal housing and assets attached to the land have had their compensation, support and resettlement plans approved by Hoang Mai District People's Committee according to Decision No. 10/2017/QD-UBND dated March 29, 2017 of the City People's Committee; the remaining 405 households using land (402 households with illegal constructions) have not yet had their compensation, support and resettlement plans approved.
According to the assessment of Dr. Nguyen Thi Thanh Tam (Institute of Leadership and Public Policy, Ho Chi Minh National Academy of Politics), the proposal of the People's Committee of Hoang Mai district, the Department of Natural Resources and Environment and related departments is both reasonable and sympathetic, and aims at the strictness of the law, not to compensate for houses and illegal constructions built after July 1, 2014.
Dr. Nguyen Thi Thanh Tam said that Clause 2, Article 254 of the 2024 Land Law stipulates transitional provisions on land recovery; compensation, support, and resettlement when the State recovers land when this Law comes into effect:
In cases where there has been a decision to recover land and a decision to approve a compensation, support and resettlement plan in accordance with the provisions of the law on land before the effective date of this Law but it has not been implemented, the approved compensation, support and resettlement plan shall continue to be implemented; the handling of late compensation payments shall be carried out in accordance with the provisions of law at the time the State issues the land recovery decision.
Support level:
- Support equal to 80% of compensation according to new construction unit price for houses and construction works created before October 15, 1993.
- Support equal to 50% of compensation according to new construction unit price for houses and construction works created after October 15, 1993 to before July 1, 2004.
- Support equal to 10% of compensation according to new construction unit price for houses and construction works created after July 1, 2004 to before the date.
July 1, 2014.
- Houses and structures built after July 1, 2014 are not supported .
In addition, Clause 2, Article 31 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulates: In cases where there has been a decision to recover land and a decision to approve the compensation, support and resettlement plan in accordance with the provisions of the law on land before the effective date of this Decree but has not been implemented, the approved compensation, support and resettlement plan shall continue to be implemented; the handling of late compensation payments shall be carried out in accordance with the provisions of law at the time the State issues the land recovery decision.
According to Chairman of Hoang Mai District People's Committee Nguyen Minh Tam, the district also requested Hanoi City to consider deciding on other measures and support levels (according to Clause 2, Article 108 of the 2024 Land Law) for households eligible to receive resettlement housing to rent during the time the District People's Committee repairs the house with the following specific contents: the time of house rental support from the time the households hand over the premises to the date of completion of the repair and handover of the house to the households.
To ensure policy consistency within the same project, the People's Committee of Hoang Mai District has requested the City to approve a different level of support for 30 households whose plans have been approved and apartments have been drawn (but have not yet received the house, have not yet been approved for temporary housing support, and have not yet been handed over the site) and households preparing to approve and draw resettlement houses with a different level of support equivalent to the temporary housing support level stipulated in Article 17 of Decision 56/2024/QD-UBND dated September 6, 2024 of the City People's Committee.
Source: https://kinhtedothi.vn/du-an-duong-tam-trinh-de-xuat-chinh-sach-den-bu-co-loi-cho-nguoi-dan.html
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