Nghe An regulations on compensation and resettlement support when the state acquires land

Nghe An regulations on compensation and resettlement support when the state acquires land

Nghe An Provincial People's Committee has just issued Decision No. 33/2024/QD-UBND on compensation, support and resettlement when the State acquires land in the province.

According to Decision No. 33/2024/QD-UBND, the land plot used for compensation must be consistent with the District-level Land Use Plan or Regional Plan or Sub-Zone Plan approved by a competent state agency and have fully invested infrastructure and completed site clearance compensation.

The locality has conditions for commercial service land fund (with the form of one-time land rental fee collection for the entire rental period) to meet the needs of all eligible subjects in the same project in the same commune, ward, or town where the land is recovered, in which priority is given to favorable locations for subjects who have contributed to the revolution.

People whose land is recovered have been granted a Land Use Right Certificate by the State or are eligible for a Land Use Right Certificate, in which the minimum total recovered area in 01 project is as follows: Residential land of economic organizations is 1,000 m2; Residential land of households, individuals, and people of Vietnamese origin residing abroad is 500 m2. The conversion rate of the area of ​​commercial service land to be compensated is at most 1.5 times the area of ​​residential land recovered.

Nghe An clearly stipulates resettlement support when the state reclaims residential land of households and individuals.

The land plot used for compensation must be consistent with the District Land Use Plan or Regional Plan or Sub-zoning Plan approved by a competent state agency and be located in a residential land subdivision planning area with a detailed plan at a scale of 1/500; and compensation and site clearance work has been completed.

The locality has the conditions for residential land fund to meet the needs of all eligible subjects in the same project in the same commune, ward, or town where the land is recovered, in which priority is given to favorable locations for subjects who have contributed to the revolution.

People whose land is recovered have been granted a Land Use Right Certificate by the State or are eligible for a Land Use Right Certificate, in which the minimum total recovered area of ​​each type of land in a project is as follows: Agricultural land (land for growing annual crops or land for growing perennial crops or land for aquaculture or land for salt production) is 3,000 m2.

In case of agricultural land in the same residential plot (not including the land area used due to violations and only applicable to cases of revocation of the entire residential plot containing agricultural land): In Vinh City and towns, it is 500 m2; in districts, it is 1,000 m2.

Forestry land (production forest land excluding land with current natural forest status) is 50,000 m2.

Conversion rate: In case of agricultural land recovery that is not the same as residential land; The maximum compensated residential land area is 0.1 times the recovered agricultural land area or compensation is equal to 01 residential land plot in the planning area for dividing residential land plots.

In case of forestry land recovery (production forest land excluding land with current natural forest status): The maximum compensated land area is 0.006 times the recovered forestry land area according to regulations or compensation is equal to 1 residential land lot in the residential land subdivision planning area.

The land plot used for compensation must be consistent with the District-level Land Use Plan or Regional Plan or Sub-zoning Plan approved by a competent state agency and be located in a residential land subdivision planning area with a detailed plan at a scale of 1/500; and have completed compensation and site clearance work.  

The locality has the conditions for residential land fund to meet the needs of all eligible subjects in the same project in the same commune, ward, or town where the land is recovered, in which priority is given to favorable locations for subjects who have contributed to the revolution.

People whose land is recovered have been granted a Land Use Right Certificate by the State or are eligible for a Land Use Right Certificate, in which the minimum total recovered area of ​​each type of land in a project is at least 1,000 m2.

Conversion rate: The maximum compensated residential land area is equal to 0.1 times the recovered land area specified in Point a, Clause 3, Article 3 of this Decision or compensation equal to 1 residential land lot in the residential land subdivision planning area.

When implementing the above contents, if there is a difference in value between compensation and land support money and land use fees and land rents payable when land is allocated or leased, it shall be handled according to the provisions of Clause 2, Article 4 of Decree No. 88/2024/ND-CP.

In case the district level has conditions for resettlement housing fund, the District People's Committee shall report to the Provincial People's Committee to decide for each specific project.

This Decision also stipulates resettlement support when the State reclaims residential land of households and individuals; compensation for investment costs on remaining land when the State reclaims land for national defense, security, and socio-economic development purposes for national and public interests; compensation for damage caused by restrictions on land use when constructing works and areas with safety corridors; compensation and support for damage to houses and construction works attached to land.

The Decision also stipulates compensation for the cost of self-renovation, repair, upgrading of housing and support for housing rental for people using state-owned housing within the scope of land acquisition for demolition; Compensation and support for relocation of graves; Compensation for the cost of moving assets for house owners with construction works, support for demolition, dismantling, and relocation of assets attached to land; Support for housing rental for people whose residential land is acquired, support for renting business locations; Support for training, career conversion, and job search for households and individuals when the State acquires land.

The Decision takes effect from October 10, 2024, replacing Decision No. 24/2022/QD-UBND dated February 14, 2022 of the People's Committee of Nghe An province.

Source: https://baodautu.vn/batdongsan/nghe-an-quy-dinh-ve-boi-thuong-ho-tro-tai-dinh-cu-khi-nha-nuoc-thu-hoi-dat-d227091.html