Nghị định 06/2020/NĐ-CP sửa đổi Điều 17 Nghị định 47/2014/NĐ-CP quy định về bồi thường, hỗ trợ, tái định cư khi Nhà nước thu hồi đất

DECREE

AMENDMENTS TO ARTICLE 17 OF THE GOVERNMENT’S DECREE NO. 47/2014/ND-CP DATED MAY 15, 2014 ON COMPENSATION, ASSISTANCE AND RELOCATION UPON LAND EXPROPRIATION BY THE STATE

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Land Law dated November 29, 2013;

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

The Government hereby adopts a Decree on amendments to Article 17 of the Government’s Decree No. 47/2014/ND-CP dated May 15, 2014 on compensation, assistance and relocation upon land expropriation by the State.

Article 1. Amendments to Article 17 of the Government’s Decree No. 47/2014/ND-CP dated May 15, 2014 on compensation, assistance and relocation upon land expropriation by the State

“Article 17. Compensation, assistance and relocation upon land expropriation for execution of investment projects whose investment guidelines are decided by the National Assembly and approved by the Prime Minister; land expropriation projects that involve multiple provinces and central-affiliated cities

If the compensation, assistance and relocation upon land expropriation for execution of an investment project whose investment guidelines are decided by the National Assembly and approved by the Prime Minister results in relocation of an entire residential community, thereby affecting life and socio-economic activities as well as cultural traditions of the community; or a land expropriation project that involves multiple provinces and central-affiliated cities, follow the instructions below:

1. The ministry that has the investment project shall take charge and cooperate with the People’s Committee of the province where land is expropriated in building a policy framework for compensation, assistance and relocation, submitting it to the Prime Minister for decision and providing funding for compensation, assistance and relocation in accordance with regulations of law.

A policy framework for compensation, assistance and relocation contains at least:

a) Area of each type of land to be expropriated;

b) Number of organizations, households and individuals that use land within the area where land is expected to be expropriated;

c) Expected expenditure on compensation and assistance for each type of land to be expropriated; expected price of land as the basis for calculation of compensation for each type of land and position;

d) A relocation plan (expected number of households to be provided with relocation houses/land, place and method of relocation);

dd) Expected total amount intended for compensation, assistance and relocation and capital sources for provision of compensation, assistance and relocation land/houses.

e) Expected progress of the compensation, assistance and relocation plan;

g) Expected time and plan for transfer of land.

The policy framework for compensation, assistance and relocation shall contain the abovementioned contents intended for the whole project and disseminated in detail to each local authority (if any). If it is required to prepare a centralized relocation area upon land expropriation for execution of an investment project, the area where land is expropriated shall be included in the abovementioned policy framework so that such centralized relocation area is prepared.

2. The Ministry of Natural Resources and Environment shall take charge and cooperate with relevant authorities and organizations in verifying the policy framework for compensation, assistance and relocation before submitting it to the Prime Minister for decision.

3. According to the policy framework for compensation, assistance and relocation decided by the Prime Minister, the provincial People's Committee shall prepare, appraise and approve the compensation, assistance and relocation plan tailored for projects executed within the province after obtaining the written consent of the ministries having investment projects; organize the provision of compensation, assistance and relocation and estimation of expenditures thereon”.

Article 2. Transitional clauses

1. Regarding the investment projects that have had their compensation, assistance and relocation plan approved before the effective date of this Decree, the compensation, assistance, and relocation houses and land shall continue to be provided as prescribed in Article 17 of the Government’s Decree No. 47/2014/ND-CP.

2. Regarding the investment projects that have not had their compensation, assistance and relocation plan approved before the effective date of this Decree, the compensation, assistance, and relocation houses and land shall continue to be provided as prescribed in this Decree.

Article 3. Implementation clause

1. This Decree comes into force from February 20, 2020.

2. Ministries, ministerial agencies, Governmental agencies and People’s Committees of provinces shall review their legislative documents whose regulations are in contravention of those laid down in this Decree for amendments or repeal.

3. Ministers, heads of ministerial agencies, heads of Governmental agencies, Presidents of People's Committees at all levels and other organizations and individuals are responsible for the implementation of this Decree./.

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