Circular No. 14/2009/TT-BTNMT detailing the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease

Issuenos 01·02/0ctober2009 (Gong Baa nos 475-476!October 16, 2009) OFFIC IAL GAZETTE 45 THE MINISTRY OF NATURAL RESOURC.ES AND ENVIRONMENT Circular No. 14/2009/TT-BTNMT of Octob er 1, 2009, detailing the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease Pursuant to the November 26, 2V03 Land Law: Pursuant to the Government's DecreeNo. 251 20081ND-CP of March 4, 2008, defining the functio ns, tasks, powers and organizational structure of the Ministry of Natural Resources lind Envlromn ent; Pursuant to the Government's Decree No. 197120041ND-CF of De cember J, 2004, OIL compensation, support and resettlement in case of land recovery by the State; Pursuantto the Government's DecreeNo. 17/ 2006/ND-CPofJanuary27, 2006, amending and supplementing anumber of articlesof thedecrees guiding the Land LawandDecreeNo. 18712004/ ND-CP all transfonnosion ofstate companies into joint-stock companies; Pursuan t to the Govemment 's Decree No. 84/ 20071ND-CP of May 25, 2007, additionally providing fo r the issuance of land use right certificates, land recovelY, exercise of land use rights, orderofandproceduresfor compensation, SllPP0l1 and resettlement in case of /and recovery by the State, and settlement of land-related complaints; Pursuantto the Government's Decree No. 691 20091ND-CP of August 13, 2009, additionally • 46 OFFICIAL GAZETTE Issue nos 01·02/0ctober 2009 (Gong Baonos 475-476/0ctober 16,2009) providingfor land useplanning, land prices, land recov ery, compens ation, support lind resettlement; The Ministry of Natural Resources and Environment details the compensation, support and resettlement and order of and procedures fo r land recove}y, allocation and lease asfollows: Chapter I GENERALPROVISIONS Article 1. Scope of regulation This Circular details a number of provisions on the compensa tion, support and resettlement and order of and procedures for land recovery, allocation andleaseunderthefollowing decrees: I. The Government's Decree No. 197/2004/ ND-CP of December 3,2004, on compensation, supportand resettlement in case of landrecovery by the State (below referred to as Decree No. I97/70044lJD.CP): 2. The Government's Decree No. 17/2006/ ND-CP of January 27, 2006, amending and supplementing a number ofarticles of thedecrees guidingtheLandLawandDecreeNo. 187/2004/ ND-CF ontransformationof statecompanies into joint-stock companies (below referred to as Decree No. 17/2006/ND-CP): 3. The Government's Decree No. 84/20071 ND·CP of May 25, 2007, additionally providing for the issuance of land use right certificates, land recovery, exercise of land use rights, orderof and procedures for compensation. support anti resettlement in case oflandrecoveryby the Stale, andsettlement ofla nd-related complaints (below referred to as Decree No. 84/2007/ND-CP); 4. The Government's Decree No. 69/20091 ND-CP of August 13, 2009 , additionally providing for landuse planning, landprices, land recovery. compensation. support andresettlement (below referred to as Decree No. 69/2009/ND­ CPl · Article 2, Subjects of application I. State management agencies, specialized agencies in charge of natural resources and CIlvi [UIlII1~Ut , plauuiug and investment,, construction, and finance, and other concerned agencies: and cadastral officers in communes, wards and townships. 2. Domestic organization s, population communities, religious establishments, households andindividuals:overseas Vietnamese, and foreign c rganizatio us and individuals having land recovered by the State for defense and security purposes, national andpublic interests or economic development (below collectively referred to as persons having land recovered). 3.Organizationsand individuals implementing investment projects and other concerned organizations and individuals. Chapter II COMPENSATION, SUPPORT AND RESETTLEMENT Section l. lAND COMPENSATION Article 3. Conditions for landcompensation Conditions on current land users to receive landcompensation are specified in Clauses 1,2, 3,4,5,7,9. 10 and II , Article 8 of Decree No. 19712004/ND-CP and Articles 44, 45 and 46 of Decree No. 8412007/ND-CP. A number of Issue nos 01-02/0ctober 2009 (GongBaD nos 475-47610clober 16,2009) OFFIC IAL GAZETTE 47 provisions of Clause 3. Article 8 of Decree No. 197/2004/ND-CP are specified as follows: 1. Lawful papers on inheritance or donation of land use rights or assets attached to land and papers on handover of gra ti tude ho uses associated with land under Point c, Clause 3 of Article 8 include: aI Papers on inheritance as provided for by law; bl Papers on don ation of houses or land, notarized or certified by People' s Committees of communes, wards or townships (below co llectiv ely referred to as commune- level People's Committees) at the time of donation; cl Papers on handover of gratitude houses associated with land. issued by house-handing agencies or organizations. 2 For papers on liquidation or sale of houses or purchase of houses attached to residential land under Point e, Clause 3 ofArticle 8, the following conditions must be satisfied: aI To-be-liquidated or -sold houses must be under state ownership. Houses under state ownership include houses taken over from the form er regime. dereli ct ho uses :1Od deserted houses of which state ownership has been estab lished ; houses buil t with state budget investment; houses built with money of state budget origin; houses built with money jointly contributed by the State and people; and other houses under state ownership. hi Ho uses were liq u ida rerl o r sri ld in association with residential land under state ownership before July 5. 1994. by administrative and non-bus iness agencies and units, people's armed forces units, state mass organizations or state enterprises; or papers on sale of houses sold by house-managing organizations under the Government's Decree No. 61/CPofJuly 5, 1994. on house purchase. sale and trading. 3. Papers issued bya competent agency under the former regime to the current land user under Point f. Clause 3 of Article 8 include: aI Land title-deed; hi nQ('J.1 rnen t on sale of real estate (including house and res idential land). certified by an agency under the former regime; cl Document on purchase and sale, donation, exchange or inheritance of the house attached to residential land, certified by an agency under the former regime; d./Tcstamcnt or written agreement on-division of the house inheritance, certified by an agency under the former regime; el Permit for house construction or permit recog nizing lawful architecture of the house . issued by an agency under the former regime; fl Effective judgment of the court under the former regime; gl Other papers evidencing the establishment of house or residential land. recognized by the People' s Committee of a province or centrally run city (below collectively referred to as provincial- level Peo ple's Commi ttee) where exists residential land. Article 4. Deductio n of unfulfi lled land­ related financial obligations The deduction of unfulfi lled land-related financial obligations from the compensation and support amount under Clause 3. Article 14 of Decree No. 69/2009/ND-CP is specified as 48 OFFIC IAL GAZETTE Issuenos 01 -02/0ctobcr 2009 (Gong BaD nos 475-47610ctober 16, 2009) follows: 1. For land users who are entitled to compensation and support but have not yet fulfilled land-related financi al obligations with regard to the recovered land are a, such financial obligations shall be deducted from the compensation and supportamount(not from the compensation for assets or the support for relocation, resettlement, life and production stabilization, or job change and creation). 2.Land-related financial obligations deducted from the compensation and support amount include use levy and rent of land leased by the Stare , land-use right transfer tax, tax on income from land-use right transfer, fine for violations of the land law, compensation to the State for damagecausedin landmanagement anduse,and charges and fees in land management and use. Article 5. Landpricesusedforcompensation calculation and remaining investment expenses L Land prices used for compensation calculation under Article 11 of Decree No. 69/ 2009/ND-CP are prices of recovered land according to its current use purpose, set by provincial -level People's Committees and announced on January 1 every year. In case land prices set by provincial-level People's Committees are not close to actual market prices of land-use right transfer under normal conditions, pro vincial-le vel People's Committees shall assign functional agencies to re-determine specific land prices in order to decide on appropriate land prices used for compensation calculation which arenot restricted notwithstanding the provisions on pricebrackets of land of different categories. 2. Remaining investment expenses under Clause3, Article9 of DecreeNo. 197/2004/ND­ CP are actual reasonable expenses invested ill land by land users for permitted use purposes but, by the time of land recovery by the State. such expenses are not fully recovered yet. Expensesinvestedin land must be evidenced by dossiers and documents. Remaining investment expense equals (=) total actual reasonable expense in cash invested in land minus (-) the investment amountallocated to theperiodduring which the land has been used. Remaining investment expenses include: atLand use levy for the period during which the land wiII not be usedin case landis allocated for a definite period of time and land use levy has been prepaid for the period during which land will not be used (evidenced by documents and invoices on payment); bl Expenses for ground leveling and refurbishment of the allocated or leased land according to theland usepurpose. In caseof land recovery in which land compensation has been paid , expenses for ground leveling and land refurbishment will not be compensated. c/ Other relatedexpenses. Provincial-level People's Committees shall stipulate the determination of remaining investment expenses in case of unavailability of dossiers or documents evidencing such expenses as suitable to local practical conditions. Article 6.Compensation foragricultural land of households and individuals Compensation for agricultural land of households and individuals shall be paid under Article 16 of Decree No. 6912009/ND-CP, Issue nos 01·02/0ctober2009 (Gong Bao nos475-47610ctober16,2009) OFFIC IAL GAZETTE 49 specifically as follows: 1.Agricultural land eligible for compensation includes land under annuals, land under perennials, land under planted production forests, aquaculture laud, salt-making laud, and other agricultural land , 2. For land for which the planning on protection forests and special-use forests has been approved by a competent state agency and on which organizations, households and individuals undertake to zone off for reforestation , tending, protection Ul planting with state budget cap ital under contracts, compensation will not be paid for land but only for plants on land in case of land recovery by the State. The levels of compensation are equivalent to those of product sharing specitied in Joint Circular No, ~Ul2UU31 TTLTIBNN-BTC of September 3, 2003, of the Ministry of Agriculture and Rural Development and the Ministry of Finance, guiding the Prime Minister 's Decision No. 178/2001lQD-TTg of November 12, 2001, on benefits and obligations of households and individuals that are allocated, leased or contracted forests and forestland. Article 7. Compensation for residential land 1. Persons having residential land recovered will receive compensation in new residentia l land or resculeuient houses or cash based on the value of land use rights at the time of issuance of land recovery decisions. Compensation in residential lan d or resett lement houses shall be paid to persons having land recovered who fall in any of the cases specified in Article 18 of this Circular. 2. In case compensation in residential land is paid to those sharing land use rights under Article 15 of Decree No. 197/2004/ND-CP in case of land recovery by the State while land-related papers do not show the land area under the private use right of each organizat ion. household or ind ivid ual , the prov incia l- level Pe ople 's Committee shall guide the receipt and division of land compensation amounts. Article 8. Compensation for land within safety corridors in case of building works with safety corridors Compensation for damage due to land use restriction in case the State does not recover land under Clause 2, Article 16 of Decree No, 1971 200~!ND · CP is specified as follows: L In case land use purposes are changed: :J! For residential land converted into non agricultural land other than residential land or into agricultural land, compensation will equal (=) the difference between the residential land price and the non-agricultural land (other than resldential land) price, or between the residential lan d price and the agricultural land pr ice , multiplied by (x) the land area subject to use purpose change; bl For non-agricultural land (other than residential land) converted into agricultural land, compensation will equal (=) the di iference between the uon-agricultural laud (other than residential land) price and the agricultural land price, multiplied by (x) the land area subject to use purpose change. 2. In case the land use purpose is not changed (houses and works are allowed to exist within the works' safety corridors) but the land use is restri cted. compensation will be paid in cash based on the actual damage, Provincial-leve l 50 OFFICIAL GAZETTE Issue nos 01-02fOctober 2009 (Gong Bao nos 475-476/0clober 16,2009) People's Committees shall decide on specific levels of compensation to suit local practical conditions. 3. When the safety corridor of a work will occupy over 70% of the used land area with the house and work of a land user, compensation must 31~o be paid for the remaining land area under Clauses 1 and 2 of this Article. Article 9. Handling of eases in which organizations have land recovered without receiving compensation under Article 17 of Decree No. 19712004/ND-CP Foradministrative andnon-business agencies and units of the State or companies with 100% state capital that are leased or allocated land by the State without having to pay land use levy or allocatedland with payment of land use levy or transferred land use rights and pay land use levy or moneyfor the transferredlanduse rightsfrom the state budget, when the State recovers such land, they are only entitled to compensation for remaining investmentexpenses under Clause 2, Article 5 ef this Circular provided those expenses are of non-state budget origin, but not to land compensation. If these agencies, units or companies have to be relocated,they areentitled to support 111 cash for implementing approved investment projects in the new places. The maximum level of support is equivalent to the level of compensation for the land area at the recovered site. Organizations havinglandrecovered mayuse this cash amount for compensation and investment in the new places under approved projects, and shall remitany unusedamountinto the state budget in accordance with the State Budget Law. Sec;tion2. COMPENSATION FOR ASSETS Article 10. Handling of specific cases of compensation or support for houses or works The handling of cases of compensation or support for houses or works underArticle 20 of Decree No. 19712004/ND-CP is specified as follows: 1. For houses andotherworks permitted under the construction law to be built on land eligible for compensation, compensation will be paid underArticle 24 of Decree No. 69/2009/ND-CP. 2. For houses and other works which are not permitted to be built under the construction law but werebuilt on land eligiblefor compensation before July 1, 2004, compensation will be paid underArticle 24 of DecreeNo. 69/2009/ND-CP. Compensation will not be paid to these houses or works if they were built on or after July L 2004, not according to land use purposes under law. In special cases, provincial-level People's Committees may consider and provide support on a case-by-case basis to suit local practical conditions. Article 11. Compensation and support for houses aud works to current users of houses under state ownership Compensation and support for houses and works to current users of houses under state ownershipcomplywithArticle21 of Decree No. 19712004/ND-CP, and are specified as follows: 1. Under Clause 1 of Article21, the area of a house under state ownership which is refurbished, repa ired or upgraded will be 1ElDJ Issue nos01·02/0ctober 2009 (Cong Baonos 475·47610clober16,2009) OFFICIAL GAZETTE 51 regarded as lawful when such refurbishment, repair or upgrading is permitted by the agency issuing the house allocation decision or the local agency managing houses and land under state uWII~I.hi(J. 2. UnderClause 2 ofArticle 21,when houses under state ow nership are dismantled . their current users may rent houses in resettlement areas. If no resettlement houses are available, they may receive cash amounts for seeking new residence, whichis equalto60%of theland value and 60% uf the value of houses (hey rem. If resettlement houses are available but current usersof houses understate ownership do not wish to rent those houses, they will not be entitled to cash amounts. Article 12, Compensation for plants and animals Compensa tion for plan ts and anima ls complies with Article 24 of Decree No. 197/ 20041ND-CP, and is specified as follows: 1. The level of compensation for annuals equals thevalueof theharvestedyield perseason. The value of yield per season shall becalculated basedon the highest yield of major plantsduring three (3) straight previous years in a locality. calculated at the average price of farm produce of the same kind in that locality at the time of land recovery. 2. For perennials, including industrial trees. fruit trees, timbertrees, trees forleaves and forest u ees undet Clause I , Article 2 uf the Government's DecreeNo.74/CP of October 25, 1993.detailing the LawonAgriculturalLandUse Tax. in case of land recovery by the State, compensation wi II be paid based on the current value of gardens, excluding the value of land use rights. The current value of perennials gardens used forcompensation calculation is determined as follows: aI For perennials which are currently in the investment cycle or capital construction period, it is the total uf the initial investment expense andtendingexpenseby the timeof land recovery, calculated in cash at the local market price; bl For perennialstobe harvested once(timber trees) which are currently in the harvest period. it equals (=) the quantity of trees of each kind multiplied by (x) the selling price of one (1) tree of the same ki nd, age, SIzeor productivity on the local market at the time of compensation minus (-) the recovered value (if any); cl For perennials to be harvested many times (such as fruit trees. oily and resinous trees, erc.) which are currently in the harvest period, it is the selling price of the gardens on the local market at the time of compensation minus (-) the recovered value (if any); dl For perenni als due to be liquidated, compensation will be paid only for the felling ex pense to the trP.e garden Owner. Initial inve stment. tending and felling expenses under this Clause shall be calculated in cash at the local average expense level specified by the provincial -level People's Committee for each kind of tree. 3. For plants and subsidiary forest products on(he areaof barren landand bare hills allocated by the State to households and individuals that have invested their Coopito! in forest planting, zoning off. prote ction and regeneration, compensation will be paid based on the local Ol-FICIAL GALl:: III:: Issue [IUS 01·02/0ctober 2009 (Cong Baonos475-47610cfober 16,2009) forest -gate selling price of felled forest trees of the same kind at the time of issuance of land recovery decisions, minu s (-) the recovered value (if any). Article 13. Handling of compensation for assets under state ownership Theusp.ofcompensation for assers under state ownership under Article 25 of Decree No. 1971 2004/ND-CP is specified as follows: When organizations having assets allocated by the State for management and use suffer asse t damage and have to move to new places upon land recovery, they may use compensation for damageoassets for investment in the new places und er approved in vestmen t proj ects. Per sons allocared or leased land by the State shall pay such compensation. These organizations shall remit any unused compensation money into the state budget. Section 3. SUPPORT POLICIES Article 14. Li fe and produ ction stabilization support The currentl y used agricultura l land area for determining life and production stabilization support and support beneficiaries under Article 20 of Decree No. 69/2009/N D-CP are speci fied as follows 1. Be ne ficia ries of life and prod uctio n stabiliz a t io n su ppo rt are hou seholds a nd individuals directly engaged in agricultural . production, including: al Households and indiv iduals that are allocated agricultural or fores t land under the Government's Dec ree No. 64/CP of September 27. 1993 . promulgating the Regulation on allocation of agricultural land to households and individuals for stable and long-term agricultural production ; Decree No. 02/CP of Janu ary 15, 1994, promul gating the Regulation on allocation of forestland to organizations, households and indiv iduals for stable and long-term silviculture; Decree No . 85/1999/ND-CP of August 28, 1999 , am ending and supp lemen ting a number of articles of the Regulation on allocation of agricultural land to households and individuals for stable and long-term agric ultura l produ ction. and additionally allocating salt- maki ng land to households and individuals for stable and long­ term use; Decree No. 16311999/ND-CP of November 16, 1999, on allocation and lease of for es tland to organizations , hou seh olds and individuals for stable and long-term silviculture; and Decree No. 181/2004/ND-CPofOctober 29 , 2004, on the implementation of the Land Law; bl Ag ri cultu ral prod uction members of households defined at Poi nt a of this Clause afte r the time of allocation of agricultural land to those households; cl Households and individuals that are eligible for agricultural land allocation under Poi nt a of this Clause but have not yet been allocated agricultural land and are using agricultural land transferred, inherited, donated or reclaimed under law, and commune-leve l Peo ple's Comm ittees of the localities where exists the recovered land certify tha t these households and individuals are directly conduct ing production on such agricultural land. 2. The agricultural land area currently used by households and individuals under Clause 1, Arti cl e 20 of D ecree No. 69/2009/ND -CP. Issue nos01'02/0ctober2009 (Gong Baa nos 475·47610clober 16, 2Oag) OFFICIAL GAZETTE 53 includingareas for annuals and perennials, areas allocated for planting production forests , aquaculture laud, salt-making land and other agricultural land, is determined as follows: aI For agricultural land with land-use right papers (land use right certificates or papers specified in Clauses I, '7. and 5, Article50 of the Land Law), the agricultural landarea is the land area indicated on those papers; b/For agricultural land without land-use right papers which is indicated in agricultural land allocanon plans under Pomt a, Clause 1 of this Article, the agricultural land area shall be determined under these plans; c/For agricultural land without land-use right papers or landallocationplans specified at Points a and b of this Clause, the agricultural land area shallbe determinedbased on the actual land-use status, 3. When economic organizations or production and business households that have registered business have their land recovered by the State and , as a result, cease their production and business activities, they are entitled to supportnot exceeding 30%ofone(1) year's post­ tax income, calculated based on the average income of the three (3) straight previous years. Post-tax income shall be deteuuined UU~t;;U UJ! audited or tax age ncy-approve d financial statements. If these statementshave not yet been audited, or approved by tax agencies, post-tax income shall be determined based on post-tax income declared by the units in their year-end financial statements or production and business reports submitted to tax agencies. Article 15. Determinationof residentialareas for support calculation withregard to agric ultural land in residential areas 1. Residential areas in townships and rural residential areas defined in Clauses 1 and 2, Article Zl of Decree No. 69/Z009fND-Cl', are determined according to boundaries of outermost land lots with houses of villages, hamlets or similar residential quarters. 2.Provincial-level People'sCommittees shall, based on local practical conditions, specify the determination of boundaries of outermost land lots with houses specified in Clause 1 ot thIS Article. Article 16. Job change and creation support Jobchangeandcreationsupportcomplywith Article 22 of DecreeNo. 69/20091ND~CP and is specified as follows: 1. Households and individuals defined in Clause 1, Article 14 of this Circular that have agricultural land recovered but do not fall into the casesspecified in Clauses I and 2,Article21 of DecreeNo. 69f2009/ND-CP areentitledtojob change and creation support. 2. The job change and creation support equal to one (1) residential land ration or one (1) condominium apartment or one (1) non­ agricultural production and business land ration will be provided only once when the following conditions are fully satisfied: a/ The support-e ligible hous ehold or individual wishes to receive the residential land ration or condomini um apartment or non­ agriculturalproduction and business land ration; bf The locality has land and house funds; c/Thejob change andcreation support incash • 54 OFFICIAL GAZETTE lliliue nOli 01·02/0ctober 2009 (Gong Beonos 475·4761October 16, 2009) under Point a, Clause L Article 22 of Decree No. 69/2009/ND-CP must be equal to or larger than the value of one (1) residential land ration or the price of one (1) condominium apartment or the value of one (l) non-agricultural production and business land ration. 3, The collection of comments of persons havingagricultural land recovered onjob training and change plans shall be conducted simultaneously with the collectionof comments on compensation, support and resettlement plans. 'The.form of collection is the same as that for compensation, support and resettlement plans under Clause 2, Article 30 of Decree No. 691 2009/ND-CP. Article 17. Support for current tenants of houses under non-state ownership Support: for current tenants of houses under non-state ownership underArticle 30 of Decree No. 197/2.004/ND-CP is specified as follows: When-the State recovers land,households and individuals currently renting under contracts houses under non-state ownership that have to remove are entitled to removal expense support under.Clauses 1 and 4, Article 18 of Decree No. 6912009tND-CP. SJ1ctioIL 4. RESE7TLEMENT . Article 18. Cases eligible for resettlement Households and individuals having residential land recovered by the State may be arranged resettlement places in the following cases: 1. They have to remove as a result of residential-land recovery and have no other places of residence within communes, wards or townships where exists recovered land (unless they do not wish to resettle). 2. They have land recovered while the remaining land area is unsuitable for residence under regulatious uf provincial-level People's Committees and have no other places of residence withincommunes, wardsor townships where exists recovered land. 3. Those with residential land within safety corridors of public works that have to remove and have no other places of residence within communes, wards or townships where exists recovered land. 4. In case different generations (different couples) live together in a household while all the conditions for separation into different households are satisfied,or different households have the common right to use one (1) land lot to be recovered, the provincial-level People's Committee shall , based on local practical conditions, specify the areas of land and house for resettlement arrangement. Article 19. Resettlement arrangement Resettlement arrangement complies with Article 34 of Decree No. 197/2004/ND-CP and is specified as follows: 1. Resettlement arrangement plans shall be publicized. For projects with available resettlement areas, households and individuals mayhavea lookat resettlement arcusbeforethey move in, ? The provincial-level People's Committee shall decide on land prices used for collecting land use levy in resettlement areas according to the Government's regulations on methods of determining landpricesandpricebrackets ofland Issuenos01·0210ctober 2009 (C6ng Bao nos 475-47610ctober 16,2009) OFFICIAL G/l,ZETTE 55 of different categor ies: selling pric es of resettlement houses based on the house investment ration and local practical conditions: and house lease prices to suit local practical conditions. Households and individuals thatare allocated land or purchase or rent houses in resettlement areas shall pay land use levy, house purchase money or land rents under law and may have such levy, rents or money deducted from compensation and support amounts: the difference (if any) shall be Vaid ill cash umkt reg ula tions , unless these hou sehold s and individuals are entitled to resettlement support under Clause I , Article 19 of Decree No. 691 20091ND·CP. Section 5. ORGANIZATION OF COMPENSATION, SUPPORTANn RESETTLEMENT Article 20. General plan on compensation, support and resettlement I. The general plan on compensation, support and resettlementconstitutes partof an investment project, Iounulated by ure investor and appruved together with the investment project. In case an investmentproject isnot required to be submitted to a competent state agencyfor approvalor when an investment certificate is not required for such project, the district-level People's Committee of the locality whereexists the landin question shall consider and approve the general plan on compensation, support and resettlement. The compensation andgroundclearanceorganization shall assist the investorinformulating thegeneral plan on compensation, support and resettlement. 2. A general plan on compensation, support and resettlement contains the following details: a/ Areas of land of different categories to be recovered; bl Total land users within the area of land to be recovered; c/ Projected compen ;satiuLJ and suppurt amount; dl Arrangement of resettlement (projected needs, locations and form of resettlement); el Tentative time of and plan on relocation and ground handover. Article 21. Separation of compen sation. supportand resettlement issuesintoa.sub-project The separationof compensation, support and resettlement issues into a sub-project for independent implementation complies with Clause I, Article 33 of Decree No. 69/Z009fND­ CP, and is specified as follows: 1. The time of separating compensation, support and resettlement issues into a sub-project is the time of approvingan investment project. 2.An approvedsub-projecton compensation, support and resettlement may be implemented independently but must ensure the investment project's implementation schedule. Article 22 . Evaluati on and approval authorization of compensation , support and resettlement plans The evaluation andapproval ofcompensation, support and resettlement plans comply with Articles 30 and 31 of Decree No. 69/2009/ND­ CP, more specifically: I. The compensation and ground clearance organization shall make a compensation, support 56 OFFICIAL GAZETTE Issue nos 01.02/0ctober2009 (Cong BaD nos 475-476/0clober 16, 2009> and resettlement dossier, comprising: al A complete compensation, support and resettlement plan under Clause 3, Article 30 of Decree No. 69/2009/ND-CP: lJI A sheet of comments of persons having land recovered. 2. The compensation. support and resettlement dossierspecified in Clause 1 of this Article shall be sent to the provincial-level Natural Resources andEnvironment Department, ifIand recovery involves two (2) or more urban districts.rural districts, towns orprovincial cities; or to the district-level Natural Resources and Environment Section, if land recovery involves only oneCl) district-level administrative unit. 3. Contents to be evaluated: atNameandaddress of theperson having land recovered; bl Area, type, location and origin of the recovered land; quantity, volume, andpercentage of theresidual quality, of damaged assets; c/Bases forcalculating thecompensation and support amount, such as land, house or work priceused forcompensation calculation, number ofhonsehold members. number of laborers in working age, and number of social policy beneficiaries; dl Compensation and support amount; el Arrangement of resettlement; fI Relocation of works of the Sta te, organizations, religious establishments or population communities; g/ Relocation of graves. 4. Funds for the formu lation and evaluation of projects' compensation, support and resettl ement plans come from funds for organizing compensation , support and resettlement in case of land recovery by the State underArticle26 of DecreeNo.69/2009/ND-CP. 5. Based on local practical conditions and projects' characteristics and sizes, provincial­ level People's Committees may authorize district-level People's Committees to approve compensation, support and resettlement plans, ensuring quick and effective compensation, support and resettlement. Article 23. Hiringproviders ofcompensation and ground clearance services Thehiring ofenterprises ororganizations with the function of providing compensation and ground clearance services under Clause 3, Article 25 of Decree No. 6912009/ND-CP is specified as follows: 1. Compensation and ground clearance services include: al Surveying and drawing maps; making copies of maps and cadas tral dossiers (or measuring, and making dossiers of, land lots in case cadastral dossiers are unavailable or no longer suitable to practical conditions); bl Making compensation, support and resettlement plans; cl Formulating and implementing projects to build resettlement areas; dl Other related services. 2. In case of setting up district-level compensation, support andresettlement councils, the hiring of enterprises or organizations to provide compensation and ground clearance services complies with thefollowing regulations: Issue nes01·02l0cteber2009 (Gong Baa nos475-47610Ctober 16,2009) OFF ICIAL GAZETTE 57 aJ District-level compensation. support and resettlement councils shall request in writing district-level People's Committees to decide on the hiring of enterprises or organizations to prov ide compensation and grou nd clearance service s; bl Enterprises or organizations providing compensation and ground clearance services shall satisfy all the conditions prescribed by law. Section 6. EXPENSES FOR COM PENSA TION, SUPPORTAND RESETTLEMENTAND COERCIVE RECOVERY OF lAND Article 24. Estimates of expenses for compensation. support and resettlement and coercive recovery of land I. The compensation and ground clearance organization shall make estimates of expenses for compensation, support and resettlement. including: a/Expense for propagationanddissemination ot land recovery decisions and the law on compensation in case of land recovery by the State; mobilization of entities to execute land recovery decisions, and survey on the socio­ economic situation and actual state of land and assets under the project; bl Expense for inventory and assessment of actua lly damaged land and assets, such as delivery of declaration forms and provision of guidance on declaration to damage sufferers; survey ofland area.and inventory ofthe quantity and value of damaged houses, architectures. crops and other assets of each organizatiou. household or individual in case of land recovery by the State; examination and cross-check between declaration forms and result s of inventory and determination of the extent of damage for each entity having land recovered; and calculation of the value of damage in land. houses, architectural objects, crops or other assets; cl Expense for formulation of the compensation, support and resettlement plan, covering thecalculationofcompensationnorms. approval of the compensation plan, and public notification of the compensation. support and resettlement plan; dl Expe nse for evaluat io n of th e compensation, support and resettlement plan; el Expense for examination of and guidance on the implemen tat ion of reg ulations 0 11 compensation, settlement of problems.arising in cornpensation work and payment; fl Expense for renting offices and working facil ities of the compensation and ground clearance and evaluation agency (if any); g/ Expense for printing and stationery; hi Payment of salaries and social Insurance premiums for personnel hired for the compensation. support and resettlement work; if Other expenses directly related to the organiza tion ot compensation, support and resettlement. 2 . Agencies competent to ap prove compensation plans shall approveestimates and decide on funds for organizing cornpensatinn. support and resettlement under Clause 2. Article 26 of Decree No. 69/2009/ND·CP. 3. In case of coercive recovery of land. the compensationandgroundclearance organization 58 OFFICIAL GAZETTE ISSLlt' nos 01.0210ctober 2009 (Gong Beo nos 475-47610ctober 16, 2009) shall make estimates of funds for coercive recovery and submit them to the agency competent La approve compensation, support and resettlement plans for decision. Funds for coercive recovery of land shall be included in projects' investmentcapital. 4. The compensation and ground clearance organization may advance funds for organizing compensation, support and resettlement in order to perforru it s assigned tasks. Funds for organizing compensation , support and resettlementshall bepaidandfinalized under law. Chapter III ORDER OF AND PROCEDURES FOR LAND RECOVERY, ALLOCATIONAND LEASE Ar ticle 25. Order of and procedures for land recovery, allocation and lease The orderof andprocedures for land recovery, allocation and leasecomply withArticles 29, 30 and 31 of Decree No. 6912009/ND-CP; some of these provisions are specified in Articles 26 rhru 29 of this Circular. Article 26. Land recovery notices 1. Based on results of processing investment dossiers, provincial-level People's Committees or authorizeddistrict-levelPeople's Committees shall issue landrecovery notices. A landrecovery notice must indicate: aJ The details specified in Clause 2, Article 29 of Decree No. 6912009/ND-CP; bl Assignment to the compensation and ground clearance organization to perform compensation, support and resettlement work; cl Permission for the investor to conduct survey and formulate an investment project. 2. The provincial- or district-level People's Committee's land recovery notice serves as a legal basi s for the compens ation and ground clearance organization and investor to perform the jobs specified at Points band c, Clause 1 of this Article. Article 27. Evaluation and certification of land use demands The evaluation and certification of land use demands under Clause 2, Article 27 of Decree No. 69/2009/ND-CP are specified as follows: 1. Evaluation of land use demands under an investment project covers: al Assessment of conformity with the approved land use plann ing and plan; or assessment of conformity with the approved urban construction planning or planning on construction of rural residentialquarters, in case the land use planning or plan has not yet been approved; b/ Assessment of the project's land use demand under current regulations on land use criteria and norms. For a project for which regulations on land use criteria and norms are unavailable yet, the evaluating agency shall conduct assessment based on the project's size and characteristics and the local land fund. 2. Contents of certification of land use demands in case the formulation of investment projects is not required comply with Point a, Clause1 of thisArticleand requirements on land use area and purposes and local land funds. Article 28. Land allocationand leasedossiers Ii: Issue nos 01·02/0ctober2009 (Cong Baanos 475-47610ctober 16,2009) OFFICIAL GAZETTE 59 I. An applicant for the alloca tion or lease of land for implementing an investment project shall make a dossier and send two sets thereof to the provi ncia l- leve l Natura l Re so urces and Environment Department, each comprising: a/ Written request (or app lication) for land allocation or lease: bl Approved investment project; For a project on exploration or exploitati on of minerals, construction materials, porcelain or pottery, the competent state agency's license is required under law. The applicant for the allocation of land for defense and security purposes is nor required to submit an investment project but shall submit an extracted copy of the competent state agency's decision on investment in building a defense and security work, containing land use-related details, or the decision approv ing the planning on locations of stations of the forces of the Ministry of National Defense or the Ministry of Public Securi ty; cl Copy of the land lot' s cadastral map ; dl Ev alu ated compensation, support and resettlement plan ; in case this plan falls within the approving competence of the provincial-level People ' s Committee , it sha ll be evaluated siuiultaueously with the laud ulloca tion ur lease . dossier. Provincial-level Natural Resources and Environment Departments sha ll evaluate land allocation and lease dossiers for submission to provincial-level People's Committees for decision. 2. In case the land allocation and lease fall within the competence of district- leve l Peop le's Committees, appii cants for land allocation or lease shall make dos siers and send two se ts thereof to district-level Natural Resources and Environment Sections, each comprising: a! App lication for land allocat ion or lease; bl Commune-l evel People ' s Committee's wriuen certiflcation of the land use demand; cl Copy of the land lot' s cadastral map; d! Compensation, support and resettlement plan. D istrict-level N atural Res ources and E nvi ro nment Sections shall evaluateIand allocati on or lease dossiers simultaneously with compensation, support and resertlemenrplans for submission to distr ict-level People's Commi ttees for decision. Article 29. Land handover I. When receiving compensation and support money and being arra nged a resettlement place, the person having land recovered shatl submit the originals of land use right certificates and certificates of owners hip of asse ts attached to land (if any) to the compensation and gro und clearance organization for transfer tc the natural resources and environment agency to carry out procedures for revoki ng, adjusting or issuing a certificate for the land area not recovered, 2. Within twenty (20) days after being fully paid [he compensation and support money, the person having land recovered shall hand over land to the compensation and erollnnclearance organizat ion . Th e ha nd ov er of land betw een the compensation and ground clearance organization and the person having land recovered must be • 60 OFFI CIAL GAZETTE Issue nos 01·02/0ctober 2009 (Gong Baonos4 7~761October 16, 2009) made in a record certified by the commu ne-level People's Committee of the localit y where the recovered land exists. If wishing to authorize another person to receiv e compensation , the e ligible person shall make a paper of authorization in accordance with law. Chapter IV ORGANIZATION OF IMPLEMENTATION Article 30. Implementation provisions I.This Circular takes effect on November 16, 2009. 2. This Circ ula r replaces the follo wing circul ars: a! The Finance Ministry'S Circular No. 116/ 2004ill-BTC of December 7,2004, guiding the Government's Decree No. 197/20041l\'D-CP of December 3, 2004, on compensation, support and resettlement in case of land recovery by the State; bl The Finance Ministry's Circular No. 691 2006ill-BTC of August 2. 2006, amending and supplementing Circular No. 11 6/200~ill-BTC of December 7. 2004 , whic h g uides the Government 's Decree No. 19712004/ND-CP of December 3. 2004, on compensation, support and resettlement in case ofland recovery by the State. 3. To annul Parts VII and IX of Joint Circular No. 14/2008ITTLTIBTC-BTNMT of January 31. 200S. of the Ministry of Finance and the Ministry of Natura l Resources and Environment, guiding a number of articles of the Government' s Decree No. 84/2007/ND-CP of May 25, 2007, which add itionally provides for issuance of land use right certificates, land recovery. exercise of land use rights , order of and proced ur es for comp ensation, support and resettlement in case of land recovery by the State, and settlement of land-related dispute s. 4. Provincial-level Peo ple 's Committees shall: a!Specify the mechanism of coordination and information provision among natural resources and environment, planning and investment, const ruction, fi na nce and other concerned agencies as we ll as district- and commune- level People's Committees in compensation, support and rese ttl em ent work ; and order of land recovery, allocation and lease for carrying out administrative reform under the "one-stop shop" mechani sm; bl Specify the time for taking steps in carrying out land recovery, allocation or lease procedure s suitable to the time limit for notifying land recovery under Clause 2. Article 39 of the Land Law; cl Set up land fu nd devel opment organizatio ns . Compensati on and groun d clearance organiza tions other than land fund development organizations which are oper:'II ine in localities shall be converted into land fund development organizations. 5. Th e General D irec tor of the Land Management Directorate shall guide, inspect and urge the implementation of this Circular. Provincial-level People's Committees should promptly report any problems ari sing in the course of implementation of this Circular to the Ministry of Natural Resources and Environment for guidance on settlement. Minister of Natural Resources and Environment PHAM KHOl NGUYEN