Compensation for resettlement when the State recovers land is always one of the hot issues. People should pay special attention to the law. Together with DFC lawyers consult with the following case.
Conditions for compensation for resettlement when the State recovers land
Q:Dear DFC Lawyer, my family is in the area of land recovery to expand the road in Tuyen Quang city. Housing on the revoked land was the only home of my family, I have heard about the City People's Committee will probably compensate resettlement when recovering the family's land. So I would like to advise my lawyer on the provisions of the law on conditions and levels of support and compensation for resettlement when the State recovers the land today. Thank you very much.
Counsel: Thankyou for trusting and submitting questions asking for advice to DFC Lawyers, with your problem we have received, researched and asked for answers as follows:
Legal grounds
Decree 47/2014/ND-CP provides for compensation for resettlement support when the State recovers land
Contents of consultation
1. Conditions for resettlement when the State recovers land
In accordance with Article 83, the Land Law 2013 supports resettlement as one of the forms of state support when vietnamese households, individuals and people residing abroad must relocate when the State recovers land.
The State will only support resettlement when recovering land for defense - security or socio-economic development purposes for households and individuals who have obtained certificates of land use rights, property ownership rights attached to land in accordance with Article 100, Land Law 2013 or households and individuals eligible for the above paper in accordance with Article 101, Land Law 2013.
According to Decree 47/2014/ND-CP, there are three forms of state resettlement assistance when recovering land: land compensation, housing compensation and cash compensation. Specific
Land compensation when the State recovers land where the remaining land area of households and individuals is not eligible for housing as well as no other houses in the same commune or township will be compensated with residential land. In other cases, even if residential land is recovered, households and individuals still have land to stay on the same table, communes/wards may still be compensated for residential land if localities still have land funds to live in;
Compensation by resettlement houses when individuals and households are revoked land is no longer left to the minimum land area to live in while localities also no longer have land funds to compensate land for these subjects will be compensated by resettlement houses;
Monetary compensation for households and individuals who do not wish to compensate for land or resettlement houses will be paid in cash by the State.
2. Level of resettlement compensation when the State recovers land
In essence, the level of resettlement compensation when the State recovers land must be equivalent to the value of residential land for which individuals and households are recovered. Therefore, the provisions on the level of compensation for resettlement of the State do not specify the maximum level but only to the minimum level. Accordingly, pursuants of Article 27, Decree 47/2014/ND-CP stipulate the minimum compensation rate in each case is:
The level of compensation for land must not be lower than the minimum area permitted for separation of plots in the locality, this content will be stipulated in the written decision of the Provincial People's Committee / city under the application. As in Tuyen Quang based on Decision No. 16/2014/QD- People's Committee, the minimum area for separation is 36m2
The level of compensation by housing must not be lower than the minimum apartment area. According to circular No. 21/2019/TT-BXD, the minimum apartment area is 25m2 or more including a bedroom of 9m2, a room and a toilet.
The level of advance compensation must not be lower than the price of the minimum land value to be separated if individuals or households are compensated for land or not lower than the price of the minimum apartment to live in if compensated by resettlement houses.
Note to readers in accordance with Clause 2, Article 30, Decree 47/2014/ND-CP, in case individuals and households are compensated for resettlement when recovering land by house or residential land.
If the recovered residential land compensation value is greater than the value of the house or residential land to be compensated, the difference will be paid by the State in cash. Conversely, if the recovered residential land value is less than the value of resettlement export, individuals and households must pay in cash such difference of financial obligations.
The above is the entire law related to the issue ofresettlement support when recovering land , where readers still have concerns about the law or still have any difficulties in working with state agencies. Please contact our legal advice center 19006512 immediately for support and answers in the most specific way.
Ls. Le Minh Cong
Luật Sư: Lê Minh Công
Với bề dày kinh nghiệm hơn 15 năm trong ngành tư vấn pháp luật, Luật sư tranh tụng tại Tòa án, Ông Lê Minh Công đã dẫn dắt DFC trở thành một thương hiệu uy tín và chất lượng cho người dân và là một trong những công ty đi đầu tại Việt Nam trong lĩnh vực tư vấn luật qua tổng đài.
