Ho Chi Minh City guides on compensation and relocation of technical infrastructure works of public investment projects

*Medium voltage power grid system on a road under construction in the old Binh Chanh district. Photo: Quang Phuong*

Accordingly, in Document No. 2032/UBND-DT, the Chairman of the People's Committee of Ho Chi Minh City directed the departments, branches, sectors, People's Committees of wards, communes, special zones and related units to urgently study the instructions of the Department of Agriculture and Environment (DARD) in Official Dispatch No. 6081/SNNMT-BTTDC dated September 19, 2025 to implement according to their authority; promptly report difficulties and problems in the implementation process to the DARD for guidance, ensuring project progress according to regulations.

In Official Dispatch No. 6081/SNNMT-BTTDC, the Department of Agriculture and Environment has guided units to implement the above issue with many contents. In particular, for technical infrastructure works attached to land in use under the project in the area of 1 ward or commune and located within the project boundary , the Chairman of the Commune People's Committee shall issue a decision to recover land (THD), carry out compensation and relocation (BT-DD) of technical infrastructure works under the public investment project.

The contents and tasks to be performed are as follows: If the construction work is still in need of use before the time of the decision on land acquisition, if it cannot be demolished, moved or installed, land acquisition will be implemented, the compensation level will be equal to the new construction value of the technical infrastructure work with equivalent technical standards according to the provisions of specialized laws specified in Clause 3, Article 102 of the 2024 Land Law.

*The My Thuy roundabout area in Cat Lai ward has had many key traffic projects whose progress was affected by the relocation of the power grid system. Photo: Quang Phuong*

The project can be dismantled, moved, and installed, and the cost of moving assets for dismantling, moving, and installation will be compensated according to the provisions of Article 104 of the 2024 Land Law, Point b, Clause 2, Article 8 of Decision No. 68/2024/QD-UBND of the People's Committee of the former Ho Chi Minh City; Clause 2, Article 5 of Decision No. 45/2024/QD-UBND of the former Binh Duong province; Clause 2, Article 6 of Decision No. 30/2024/QD-UBND of the former Ba Ria - Vung Tau province.

For technical infrastructure works that are determined to no longer be in use before the decision on land use rights is made, compensation will not be granted according to the provisions of Clause 4, Article 105 of the 2024 Land Law.

Regarding the order and procedures for BT-DD of HTKT works according to the provisions of Article 87 of the 2024 Land Law, Article 28 of Decree No. 102/2024/ND-CP dated July 30, 2024 of the Government , Section IV Part II Appendix I issued with Decree No. 151/2025/ND-CP dated June 12, 2025 of the Government.

*The high-voltage power grid system runs across a residential project in Phuoc Long ward, Ho Chi Minh City. Photo: Quang Phuong*

Regarding the determination of new construction value for HTKT works with new construction unit prices (Decisions 66/2024/QD-UBND; 45/2024/QD-UBND; 31/2024/QD-UBND of Ho Chi Minh City, Binh Duong, and the old Ba Ria - Vung Tau), the unit price of newly built HTKT works is determined according to the above decisions.

On the contrary, if the HTKT project does not have a new construction unit price (according to the 3 decisions above), the unit or organization performing the task of compensation, support, and resettlement (BB-HT-TDC) will hire a consulting unit to determine the new construction price of the project according to specialized legal regulations as a basis for inclusion in the BB-HT-TDC residential plan of the project...

The Chairman of the Commune People's Committee is responsible for presiding over and coordinating with relevant agencies and units to review the non-compensation commitments of the owners of the technical infrastructure works. In case of commitments, compensation and relocation of the technical infrastructure works shall not be carried out to avoid legal conflicts.

For technical infrastructure works attached to land in use in projects passing through 2 or more wards or communes : The main project investor is responsible for hiring a consulting unit to determine and appraise the value of new construction, costs of moving, relocating, and returning technical infrastructure works in the same way as projects passing through 1 ward or commune, but calculated for the entire project. In which, there is a detailed volume of each commune-level administrative unit.

Then, transfer all documents to determine and appraise the value of new construction, costs of moving, relocating, and returning the technical infrastructure works to each commune-level People's Committee where the project passes through to serve as a basis for inclusion in the BT-HT-TDC plan for approval according to regulations to ensure project progress.

For technical infrastructure works outside the project boundary according to the provisions of land law, the land use right is not implemented. Therefore, compensation and support will not be considered. However, in reality, when implementing a number of projects for the purpose of national defense, security, socio-economic development, etc., there will be an impact on technical infrastructure works. Relevant legal regulations and instructions for implementing this content such as: Point a, Clause 2, Article 5, Decree 10/2021/ND-CP, amended and supplemented by Clause 1, Article 10, Decree No. 35/2023/ND-CP or in Official Dispatch No. 9825/BXD-KTQLXD dated September 12, 2025 of the Ministry of Construction, etc.

Source: https://daibieunhandan.vn/tp-ho-chi-minh-huong-dan-ve-thuc-hien-boi-thuong-di-doi-cong-trinh-ha-tang-ky-thuat-thuoc-cac-du-an-dau-tu-cong-10387922.html