Home
Contact us
Map
Main services
Decree No. 69/2009/ND-CP dated August 13, 2009 of the Government additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement
22/04/2011
Share |

THE GOVERNMENT

--------------

No. 69/2009/ND-CP

SOCIALIST REPUBLIC OF VIETNAM

Independence- Freedom- Happiness

-------------

Hanoi, August 13, 2009

DECREE

Additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the November 26, 2003 Land Law;

At the proposal of the Minister of Natural Resources and Environment,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.

Scope of regulation

This Decree additionally provides for land use planning and plans; land recovery, compensation, support and resettlement in case of land recovery by the State; land prices; land allocation and lease; issuance of certificates of land use rights and ownership of houses and other assets attached to land, and land use duration extension.

Article 2.

Subjects of application

1. Agencies performing the state management of land, and agencies, organizations and individuals involved in land management.

2. Land users and organizations and individuals related to land use.

Chapter II

SPECIFIC PROVISIONS

Section l. LAND USE PLANNING

Article 3.

Contents of national-level land use planning

1. A national-level land use planning covers:

a/ Determining the area of land for agricultural purposes, clearly identifying areas for wet rice cultivation, protection forests, special-use forests and nature reserves;

b/ Determining the area of land for non-agricultural purposes, clearly identifying areas for defense, security, urban development, disposal and landfill of hazardous wastes, industrial parks, development of infrastructure works of national importance, and relics, spots of beauty and scenic places;

c/ Making national-level land use planning maps;

d/ Solutions for implementing the land use planning.

2. The Government shall submit to the National Assembly for decision targets of the national-level land use planning.

Article 4.

Contents of provincial-level land use planning

1. A provincial-level land use planning covers:

a/ Specifically indicating areas of land of different categories in the province which have been allocated under the national-level land use planning;

b/ Determining areas of land of different categories to meet the province’s socio-economic development needs, including land for perennials, land for production forests and land for intensive aquaculture; land for building the province’s working offices and non-business works; land for provincial-level infrastructure development; land for disposal and landfill of hazardous wastes; land for mining activities; land of religious and belief establishments; provincially managed land for cemeteries; land for relics, spots of beauty and scenic places, and land for tourist zones;

c/ Areas of land of different categories subject to permission of competent state agencies upon change of use purposes to meet the province’s needs;

d/ Determining unused land areas to be put, into use;

e/ Making provincial-level land use planning maps;

f/ Solutions for implementing the land use planning.

2. Provincial-level People's Committees shall submit to the Government for approval targets of their provincial-level land use plannings.

Article 5.

Contents of district-level land use planning

1. A district-level land use planning covers:

a/ Specifically indicating areas of land of different categories in the district which have been allocated under the provincial-level land use planning;

b/ Determining areas of land of different categories to meet the district's socio-economic development needs, including land for non-intensive aquaculture; land for salt-making; land for rural residential areas; land for building the district’s working offices and non-business works; land for disposal and burial of hazardous wastes; land for production and business establishments; land for manufacturing building materials, porcelain and china; land for development of the district's infrastructure; land with special-use water surface; and district-managed land for cemeteries;

c/ Areas of land of different categories subject to permission of competent state agencies upon change of use purposes to meet the district's needs;

d/ Determining unused land areas to be put into use;

e/ Making district-level the land use planning maps;

f/ Solutions for implementing the land use planning.

2. District-level People’s Committees shall submit to provincial-level People's Committees for approval targets of their district-level land use plannings.

Article 6.

Contents of commune-level land use planning

1. A commune-level land use planning covers:

a/ Determining areas of land of different categories in the commune which have been allocated under the district-level land use planning;

b/ Determining areas of land of different categories to meet the commune's socio-economic development needs, including land for upland rice cultivation, land for planting other annual trees and other agricultural land; land for building the commune’s working offices and non-business works; commune-managed land for cemeteries; lake and stream land; land for the commune’s infrastructure development and other non-agricultural land;

c/ Areas of land of different categories subject to permission of competent state agencies upon change of use purposes to meet the commune’s needs;

d/ Making commune-level land use planning map;

e/ Solutions for implementing the land use planning.

2. Commune-level People’s Committees shall submit to district-level People's Committees for approval targets of their communes’ land use planning outside areas planned for urban development.

District-level People's Committees shall submit to provincial-level People's Committees for approval targets of land use plannings of wards, townships and communes within areas planned for urban development.

Article 7.

Detailed land use plannings and plans of hi-tech parks and economic zones

1. Detailed land use plannings and plans of hi-tech parks and economic zones shall be expressed in their detailed construction plannings.

2. The Ministry of Construction shall coordinate with the Ministry of Natural Resources and Environment in guiding contents of detailed construction plannings of hi-tech parks and economic zones specified in Clause 1 of this Article.

Article 8.

Formulation of land use plannings and plans

1. Formulation of national-level land use plannings and plans

a/ The Ministry of Agriculture and Rural Development shall propose demands for use of wet rice land, special-use forest land, protection forest land and nature reserve land, and allocate these land areas to each province or city on the basis of the sector’s planning;

b/ The Ministry of national Defense and the Ministry of public Security shall coordinate with provincial-level People’s Committees in identifying demands for use of land for defense and security purposes in provinces and cities;

c/ Other ministries and branches shall propose demands for use of land for national important works and allocate these land areas to each province on the basis of their development strategies and planning;

d/ Provincial-level People’s Committees shall coordinate with ministries and branches in identifying land use demands of each ministry or branch in their localities;

e/ The Ministry of Natural Resources and Environment shall make national-level land use plannings and plans on the basis of balancing land use demands specified at Points a, b, c, and d of this Clause and determining these demands in each province.

2. The Ministry of Natural Resources and Environment shall guide the formulation of provincial-, district- and commune-level land use plannings and plans.

3. For localities where no People's Council is Organized, their People's Committees shall make land use plannings and plans and submit them to competent state agencies for approval.

Article 9.

Evaluation of land use plannings and plans

1. The Ministry of Natural Resources and Environment shall formulate national-level land use plannings and plans and submit them to the Government for further submission to the National Assembly to decide on targets of national-level land use plannings.

2. The Ministry of Natural Resources and Environment shall take charge of evaluating plannings and plans on the use of land for defense and security purposes and provincial-level land use plannings and plans.

3. Provincial-level Natural Resources and Environment Departments shall take charge of evaluating district-level land use plannings and plans; and use plannings and plans of wards, townships and communes within areas planned for urban development.

4. District-level Natural Resources and Environment Sections shall take charge of evaluating land use plannings and plans of communes outside areas planned for urban development.

5. Agencies in charge of evaluating land use planning and plans defined in Clauses 1, 2 and 3 of this Article shall set up evaluation councils or consult organizations, experts and scientists.

When necessary, agencies in charge of evaluating land use plannings and plans shall organize field trips to inspect and survey areas whose use purposes are expected to be changed, especially the change of the use purpose of land for wet rice cultivation, land for protection forests and for special-use forests.

6. Contents of evaluation of a land use planning

a/ Legal and scientific grounds for making the land use planning;

b/ Conformity of land use planning alternatives with the national strategy and master plan on socio-economic development, defense and security; and development plannings of branches and localities;

c/ Socio-economic and environmental impacts;

d/ Feasibility of land use planning alternatives.

7. Contents of evaluation of a land use plan

a/ Conformity of the land use plan with the land use planning;

b/ Conformity of the land use plan with the State’s five-year and annual socio-economic development plan;

c/ Feasibility of land use plans.

8. In special cases in which the use purpose of land for wet rice cultivation, land for special-use forests or land for protection forests needs to be changed, such change must be reported to the Minister of Natural Resources and Environment for consideration and submission to the Prime Minister for decision.

9. Funds for evaluating land use plannings and plans constitute a separate item in the funds for formulating land use plannings and plans.

Article 10.

Implementation of land use plannings and plans

1. Provincial-level People’s Committees shall direct and inspect district- and commune-level People’s Committees in specifically determining areas and boundaries of land for wet rice cultivation, land for special-use forests and land or protection forests on the field.

Chairpersons of provincial-level People's Committees shall take responsibility before the Prime Minister for the protection of land areas or wet rice cultivation, special-use forests and protection forests already determined in land use plannings or plans.

2. The Ministry of Natural Resources and Environment shall take responsibility before the Government for inspecting the achievement of targets of national- and provincial-level land use plannings and plans.

Section 2. LAND PRICES

Article 11.

Re-determination of land prices in some specific cases

1. When the State allocates land with collection of land use levy not through auctioning land use rights or bidding for land-using projects, leases land or approves plans on compensation, support and resettlement in case of land recovery by the State, and when equitized state enterprises select the form of land allocation but land prices set by provincial-level People's Committees at the time of land allocation or lease, land recovery decision, or inclusion of land prices in the value of the equitized enterprises are not close to actual market prices of land-use right transfer under normal conditions, provincial-level People’ Committees shall, based on actual market prices of land-use right transfer, re-determine specific land prices as appropriate.

2. Specific land prices re-determined under Clause 1 of this Article are not restricted notwithstanding the provisions of Clause 5, Article 1 of the Government’s Decree No. 123/2007/ND-CP dated July 27, 2007, amending and supplementing a number of articles of Decree No. 188/2004/ND-CP dated November 16, 2004, on methods of determining land prices and price brackets of land of different categories (below referred to as Decree No. 123/2007/ND-CP).

Article 12.

Land rent rates

1. The annual land rent rate is equal to 0.5%-2% of the land price, depending on use purposes of leased land as decided by the provincial-level People’s Committees.

2. For land in deep-lying, remote, highland or island areas or areas with socio-economic difficulties or extreme difficulties, provincial-level People's Committees may decide to promulgate land rent rates lower than prescribed ones, which must at least equal 0.25% of land prices, depending on use purposes of leased land as decided by provincial-level People’s Committees.

3. Land rent rates in case of auction of leased-land use rights or bidding for leased land using projects are auction-winning unit prices.

Article 13.

Land rents in case of lump-sum payment for the whole lease term

For those who are leased land by the State and pay land rents in a lump sum for the whole lease term, the land rent to be paid in a lump sum for using land in this case will equal the land use levy to be paid in case of allocation of land with collection of land use levy for the same use purpose and use duration.

Section 3. COMPENSATION, SUPPORT AND RESETTLEMENT

Article 14.

Compensation and support principles

1. Compensation will be paid to current users of land recovered by the State who fully satisfy the conditions specified in Clauses 1, 2, 3, 4, 5, 7, 9, 10, and 11, Article 8 of the Government’s Decree No. 197/2004/ND-CP dated December 3, 2004, on compensation, support and resettlement in case of land recovery by the State (below referred to as Decree No. 197/2004/ND-CP), and Articles 44, 45 and 46 of the Government’s Decree No. 84/2007/ND-CP dated May 25, 2007, additionally providing for the issuance of land use right certificates, land recovery, exercise of land use rights, order of and procedures for compensation, support and resettlement in case of land recovery by the State, and settlement of land-related complaints (below referred to as Decree No. 84/2007/ND-CP). For land users who are ineligible for compensation, provincial-level People’s Committees shall consider these cases in order to provide support.

2. Land used for a certain purpose which is recovered by the State shall be compensated with new land with the same use purpose. If no land is available for compensation, compensation equal to the value of land use rights calculated based on land prices at the time of land recovery decision will be paid. Incase land is compensated with new land or residential land or a house for resettlement, any difference in value shall be paid in cash as follows:

a/ In case the compensation and support amount is larger than the residential land use levy or the price of a house in the resettlement area, the re-settler is entitled to receive the difference;

b/ In case the compensation and support amount is smaller than the residential land use levy or the price of a resettlement house, the re-settler shall pay the difference, except the case specified in Clause 1, Article 19 of this Decree.

3. For land users who are entitled to compensation upon land recovery by the State but have not yet fulfilled land-related financial obligations towards the State under law, the amount used to fulfill such financial obligations shall be deducted from the compensation and support amount for payment in to the state budget.

4. The State shall earmark part of benefits from the recovery of land and change of land use purposes to provide supports for persons having land recovered under Article 17 of this Decree.

Article 15.

Payment of compensation, support and resettlement money

1. Domestic organizations and individuals, overseas Vietnamese and foreign organizations and individuals that are allocated land and pay land use levy or leased land by the State under the land law and advance compensation, support and resettlement money and funds for compensation and ground clearance work under approved plans will have such advance refunded by the state budget through subtracting it from the payable land use levy or land rent. The subtracted amount must not exceed the payable land use levy or land rent.

2. For domestic organizations and individuals, overseas Vietnamese and foreign organizations and individuals that are allocated land without or with payment of land use levy or leased land by the State under the land law and are exempted from land use levy or land rent, their compensation, support and resettlement money and funds for compensation, support and resettlement work under approved plans will be included in their projects' investment capital.

Article 16.

Compensation for agricultural land

1. Households and individuals having their agricultural land recovered by the State are entitled to compensation in land with the same use purpose. If no land is available for compensation, they are entitled to compensation in cash calculated based on the price of land with the same use purpose.

2. For households and individuals having their agricultural land in excess of the prescribed limit recovered, compensation shall be paid as follows:

a/ In case the excessive land area is bequeathed or donated by or transferred from other persons or reclaimed by households or individuals themselves under planning approved by a competent state agency, they are entitled to compensation;

b/ For the excessive land area in cases not defined at Point a of this Clause, they are not entitled to compensation for such land but are only entitled to compensation for remaining investment expenses.

3. In case recovered agricultural land belongs to public-utility land funds of communes, wards or townships, renters of such land are not entitled to compensation for the land but are only entitled to compensation for remaining investment expenses.

4. Households and individuals using land allocated under contracts for agricultural, forestry or aquaculture purpose (excluding land for special-use forests and protection forests) with state-run agricultural or forestry farms are entitled to compensation for remaining investment expenses when having such land recovered by the State.

5. When agricultural and under common use of state-run agricultural or forestry farms, compensation shall be paid for remaining investment expenses if those expenses of non-state budget origin.

Article 17.

Supports

Supports upon land recovery by the State include:

1. Support for relocation and resettlement in case of recovery of residential land;

2. Support for life and production stabilization, and support for job-change training and job creation in case of recovery of agricultural land;

3. Support upon recovery of agricultural land in residential areas, or garden or pond land not recognized as residential land;

4. Other supports.

Article 18.

Removal support

1. In case of land recovery by the State, removing households and individuals are entitled to financial supports for removal.

2. Organizations which are allocated or leased land by the state or are lawfully using land which have to relocate their production and business establishments in case of land recovery by the State are entitled to financial supports for dismantlement, relocation and installation.

3. Persons who have residential land recovered and have no other places of residence will be provided with make shin lodgings or house rent support money, pending the creation of new places of residence (moving in resettlement areas).

4. Provincial-level People's Committee shall specify support levels mentioned in Clauses 1, 2 and 3 of this Article.

Article 19.

Resettlement supports

1. Houses and residential land for resettlement are of various grades and areas to suit compensation levels as well as payment capacity of re-settlers.

Households and individuals that have residential land recovered by the State and have no other places of residence will be provided with residential land or houses for resettlement.

In case their compensation and support amount is smaller than the value of a minimum quota, households and individuals receiving residential land or houses for resettlement ale entitled to the difference as resettlement support. If refusing to receive residential land or houses in resettlement areas, they ale entitled to a cash amount equivalent to such difference.

2. Upon land recovery by the State, removing households and individuals that can arrange places of residence for themselves are entitled to an amount of money equal to the infrastructure investment quota calculated per household in the concentrated resettlement area, unless they have received the resettlement support money specified in Clause 1 of this Article.

3. Provincial-level People’s Committees shall, based on the practical conditions of their localities, prescribe the minimum resettlement quota and support levels specified in Clauses 1 and 2 of this Article.

Article 20.

Support for life and production stabilization

1. When the State recovers agricultural land (including garden, pond and agricultural land specified in Clauses 1 and 2, Article 21 of this Decree), agricultural production households and individuals are entitled to support for life stabilization as follows:

a/ Those having 30-70% of the agricultural land area under use recovered are entitled to support for life stabilization for 6 months if they are not required to move out, or 12 months if they are required to move out. If they have to move to areas with socio-economic difficulties or extreme difficulties, the maximum support duration is 24 months;

b/ Those having over 70% of the agricultural land area under use recovered are entitled to support for life stabilization for 12 months in case they are not required to move out, or 24 months in case they are required to move out. If they have to move to areas with socio-economic difficulties or extreme difficulties, the maximum support duration is 36 months;

c/ The level of support for a household member under Points a and b of this Clause will be calculated in cash equivalent to 30 kg of rice for a month at the average price at the time the support is provided in the locality.

2. Economic entities and production and business households having made business registration that have land recovered by the State and have to suspend production and business activities are entitled to the maximum support not exceeding 30% of one year’s post-tax income calculated based on three preceding years’ average income certified by a tax agency.

3. Upon land recovery by the State, households and individuals using land allocated under contracts for agricultural, forestry or aquaculture purpose (excluding land for special-use forests and protection forests) with state-run agricultural or forestry farms who are cadres, workers and employees of those farms and are working, have retired, have ceased working due to working capacity loss or enjoy severance allowances, and are directly engaged in agricultural or forestry production; and contracting households and individuals directly engaged in and living mainly on agricultural production are entitled to supports in cash. The maximum support level equals the compensated land price calculated based on the actually recovered land area which, however, must not exceed the agricultural-land allocation limit in the locality.

4. Households and individuals receiving compensation in agricultural land are entitled to su

updating...
Older Documents
Online Support
Liên hệ bằng Yahoo! Messenger
If you need advice, please contact via Yahoo! Messenger to get online help.

Lawyer in Hanoi
Contact via Skype
You can use Skype to get online help
Skype Me™!
Search legal documents
Latest Documents
Advertising
Site Information

 
 
 

© Copyright: 2011 DRAGON LAW FIRM  - All rights reserved


Hotline: 1900. 599. 979

Mật ong nguyên chấtChuyên cung cấp sỉ và lẻ mật ong nguyên chất 100% tại TPHCM từ thiên nhiênDịch vụ điện hoa Hoa Tươi 360o với dịch vụ điện hoa chuyên nghiệp, giá hợp lý giúp bạn gởi đến người thân những bó hoa tươi đẹp nhấtShop hoa phong lan Hoa tươi 360o là shop hoa phong lan TPHCM chuyên cung cấp các loại hoa lan hồ điệp và địa lanHoa giỏ Hoa giỏ để bàn tạo cho không gian làm việc trở nên cực kỳ ấn tượng, được sử dụng trong các dịp như đám cưới, tặng sếp, sinh nhật....Hoa bó Hoa tươi 360o giúp bạn gởi đến bạn bè, người thân hoa bó chúc mừng sinh nhật, tốt nghiệp, hoa tặng sếp nam giá hợp lý, giao hoa miễn phí TP. HCMhoa chúc mừng Hoa tươi 360o chuyên điện hoa chúc mừng khai trương: kệ hoa khai trương, giỏ hoa khai trương... với giá hợp lý, giao hoa miễn phí trong TPHCMHoa chia buồn Hoa tươi 360o chuyên điện hoa chia buồn ở TPHCM với giá cả hợp lý, giao hoa miễn phí ở TPHCMHoa chúc mừng sự kiện Hoa chúc mừng sinh nhật, hoa chúc mừng sự kiện tặng bạn bè hoặc người thân những dịp trọng đại, giao hoa miễn phí nội thành TPHCMShop hoa cưới Hoa cưới đẹp giúp đám cưới của bạn thêm ý nghĩa. Gọi 1900 545 587 để được shop hoa cưới - Hoa tươi 360o tư vấn, giao hoa cưới miễn phí ở Bình Thạnh và tại TPHCMhoa tươi Shop Hoa tươi 360o với dịch vụ hoa tươi giúp bạn gởi đến người thân những bó hoa tươi đẹp - giá hợp lý, giao hoa miễn phí tại TPHCMĐặt quần áo đá banh Đặt quần áo bóng đá - Đặt quần áo đá banh ở TPHCM với chất lượng tốt, giá ưu đãi. Gọi 0903 009 041 để Đặt quần áo bóng đá - Đặt quần áo đá banhGiày Futsal PAN Thái LONI chuyên cung cấp các loại giày Futsal PAN Thái Lan giá rẻ trên toàn quốc. Gọi 0903 009 041 gặp MS. Nhi để đặt giày Futsal Pan Thái  giá rẻgiày đá banh cỏ tự nhiên LONI Sport chuyên cung cấp các loại giày đá banh cỏ tự nhiên giá rẻ với nhiêu mẫu mã đẹpGiày đá banh cỏ nhân tạo LONI SPORT kinh doanh sỉ và lẻ giày bóng đá, giày đá banh cỏ nhân tạo, giày futsal Pan Thái Lan với giá cạnh tranh kèm quà tặng hấp dẫngiày đá banh LONI SPORT kinh doanh sỉ và lẻ giày đá banh, giày bóng đá cỏ nhân tạo Fake1, giày futsal Pan Thái Lan với giá cạnh tranh kèm quà tặng hấp dẫnáo bóng đá - áo đá banh LONI Sport chuyên thiết kế và sản xuất quần áo đá banh, áo bóng đá ở TPHCM. Quý khách đặt áo đá banh vui lòng liên hệ: 0983 031 509 - 0903 009 041Shop quần áo đá banh - Shop bán đồ thể thao Shop bán đồ thể thao Loni Sport chuyên bán quần áo đá banh, phụ kiện thể thao như: giày đá banh, túi xách, vớ ...Gọi 0983 031 509 - 0903 009 041DỰ ÁN CĂN HỘ NEWTON RESIDENCE DỰ ÁN CĂN HỘ NEWTON RESIDENCE sẽ chính thức mở bán vào 30/2/2016. LH mua CĂN HỘ NEWTON RESIDENCE 0903414547-0933333188Thay mặt kính Ipad Thay mặt kính Ipad giá rẻ nhất TP. HCM, lấy liền có bảo hànhThay mặt kính Samsung Thay mặt kính Samsung giá rẻ nhất TP. HCM, lấy liền có bảo hànhthay mat kinh Iphone Thay mặt kính Iphone giá rẻ nhất TP. HCM, lấy liền có bảo hànhThay mặt kính Iphone 6S Thay mặt kính Iphone 6S giá rẻ nhất TP. HCM, đặc biệt chờ lấy liền. Nhận thay mắt kính Iphone 6S cho các cửa hàng Cọc khoan nhồi Nền Móng Đất Phương Nam chuyên thi công cọc khoan nhồi mini với phương pháp và thiết bị hiện đại, đội ngũ nhân viên chuyên nghiệp. Gọi ngay 0919 49 8080Phụ kiện nhà bếp Inox 304 Phụ kiện nhà bếp bằng Inox 304 do Hòa Bình Glass sản xuất và phân phối giúp cho các bà nội trợ nhanh chóng giải quyết vấn đề dầu mỡ vì dễ lau chùi, tiện lợi và nhanh chóngGương soi phòng tắm Gương soi phòng tắm do Hòa Bình Glass sản xuất từ nguyên liệu kính Guardian của Mỹ với nhiều mẫu mã phong phúPhụ kiện phòng tắm Hobig chuyên sản xuất và phân phối phụ kiện phòng tắm, liên hệ để có bảng giá sỉ phụ kiện phòng tắm phù hợp cho mọi nhàPhụ kiện nhà bếp Hòa Bình Glass chuyển sản xuất và phân phối phụ kiện nhà bếp. Liên hệ để có bảng giá phụ kiện nhà bếp cho đại lýthay mặt kính Iphone 6s Plus thay mặt kính Iphone 6s Plus giá rẻ nhất TP. HCM, đặc biệt chờ lấy liền và có bảo hành đầy đủ

Thám tử Văn phòng luật sư |   Luật sư bào chữaVietnam lawfirm |  Quảng cáo trực tuyến |  Thiết bị camera |  đại lý vé máy bay |  Thám tử hà nội | dịch vụ thám tử | Thám tử tại hà nội | thám tử sài gòn | thuê thám tử tại sài gòn | Thám tử tại sài gòn | Thám tử hải phòng | Thám tử | Thám tử tư |
quảng cáo facebook