Nghị định 06/2020/NĐ-CP sửa đổi Nghị định 47/2014/NĐ-CP về bồi thường thu hồi đất

DECREE

On amending and supplementing Article 17 of the Government’s Decree No. 47/2014/ND-CP dated May 15, 2014 on compensation, support and resettlement upon land recovery by the State

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

Pursuant to the November 29, 2013 Land Law;

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

The Government hereby promulgates the Decree No.  06/2020/ND-CP on amending and supplementing Article 17 of the Government’s Decree No. 47/2014/ND-CP dated May 15, 2014 on compensation, support and resettlement upon land recovery by the State.

Article 1. To amend and supplement Article 17 of the Government’s Decree No. 47/2014/ND-CP dated May 15, 2014 on compensation, support and resettlement upon land recovery by the State as follow:

“Article 17. Compensation and support for resettlement when the State recovers land to implement investment projects whose investment is decided by the National Assembly or approved by the Prime Minister; recovers land project involving many provinces and municipal cities

Compensation and support for resettlement when the State recovers land to implement investment projects whose investment is decided by the National Assembly or approved in principle by the Prime Minister and whose implementation requires relocation of the whole community, affecting the livelihood, socio-economic situation and cultural tradition of the community; or projects requiring land recovery involving different provinces and centrally run cities shall be made as follows:

1. Ministries and sectors having investment projects shall assume the prime responsibility for, and coordinate with provincial-level People’s Committees of the localities having land to be recovered in, elaborating the framework policy on compensation, support and resettlement and submitting it to the Prime Minister for consideration and decision, and shall ensure funds for compensation, support and resettlement according to regulations.

The framework policy on compensation, support and resettlement covers the following major contents:

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

b) Number of land user is organization household, individual in the area subject to land recovery;

c) Estimated level of compensation and support for each target group subject to land recovery; estimated land price for compensation for each type of land and each location;

d) Resettlement plan (estimated number of households to be resettled, place and form of resettlement);

dd) Estimated total amount of compensation, support and resettlement and funding sources;

e) Estimated speed for implementing the compensation plans, support and resettlement;

g) Expected time and plan for relocation and handover of ground area.

The policy frame for compensation, support and resettlement must contain the above-mentioned contents for the entire project and details to each locality (if any). In case of land recovery carried out for investment projects which require to build concentrated resettlement areas, the contents specified in this Clause must include land recovery areas for construction of such concentrated resettlement areas.

2. The Ministry of Natural Resources and Environment shall assume the prime responsibility for, and coordinate with related agencies and organizations in, appraising the framework policy on compensation, support and resettlement before it is submitted to the Prime Minister for decision.

3. Based on approved plans on compensation, support and resettlement which is approved by the Prime Minister, provincial-level People’s Committees shall organize the elaboration, appraisal and approval of plans on compensation, support and resettlement for projects implemented in their localities after obtaining written approval of ministries or sectors having investment projects; and organize, and settle funds for compensation, support and resettlement with ministries or sectors having investment projects.”

Article 2. Transitional provisions

1. For investment project approved compensation support and resettlement plans for the whole project before the effective date of this Decree, such project shall continue to be implemented as prescribed in Article 17 of the Decree No. 47/2014/ND-CP dated May 25, 2014 of the Government on compensation, support and resettlement upon land recovery by the State.

2. For investment projects have not approved compensation support and resettlement plans for the whole project before the effective date of this Decree, compensation support and resettlement plans shall be implemented as prescribed in this Decree.

Article 3. Implementation Provisions

1. This Decree takes effect on February 20, 2020.

2. Ministers and ministerial-level agencies, Government-attached agencies, provincial Peoples Committees shall hold responsibility to review legal normative document issued which is contrary to regulations of this Decree to amend, supplement or repeal such documents.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of all level Peoples Committees, and relevant organizations and individuals shall implement this Decree.

For The Government

The Prime Minister

Nguyen Xuan Phuc