Legal justification
1.
Law on Land No. 13/2003/QH11
articles 35, 37, 38.1, 40, 42, 44, 122
2.
Decree No. 181/2004/ND-CP of the Government dated October 29, 2004 on implementation of the Land Law
Article 126
3.
Decree No. 69/2009/ND-CP of the Government dated dated August 13, 2009, additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement
articles 28, 29, 30
4.
Circular No. 14/2009/TT-BTNMT of the Ministry of Natural Resources and Environment dated October 01, 2009, detailing the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease
articles 20, 25, 26, 27, 28
5.
Decision No. 02/2010/QD-UBND
Article 3.2.d
6.
Decision 48/2011/QD-UBND
Article 1.1
7.
Decision 108/2009/QD-UBND
articles 49, 50, 51, 52, 53
8.
Decision 1611/QD-UBND
Section II.I.1
Additional information
Making of compensation, support and resettlement plan will be carried out when the land plot for the project has not been cleared.
District-level People’s Committee where the land is located shall issue land recovery notice upon the authorization of Hanoi People’s Committee. The land recovery notice is legal basis for investor to carry out compensation, support and resettlement tasks.
After obtaining location approval from Hanoi People’s Committee, the investor shall be responsible for sending a written request to district-level People’s Committee where the land plot is located to ask for establishment of compensation, support and resettlement council. The district-level People’s Committee shall decide to establish compensation, support and resettlement council and a working group. Investor’s representatives shall be members of the council and the working group.
Making of compensation, support and resettlement plan will be carried out by the co-operation of investor, compensation, support and resettlement council, working group, district-level and commune-level People’s Committee where the land is located, including following tasks:
- Making detailed schedule of ground clearance.
- Organizing declaration, surveying status, verifying declared contents of land areas, assets, households, labourers… affected by land recovery.
- Making compensation, support and resettlement plan. Compensation, support and resettlement plan must be posted up at head office of commune-level People’s Committee and public-activity places of residential areas where the land is located. The investor shall revise compensation, support and resettlement plan upon evaluating opinion of compensation, support and resettlement council. After that, compensation, support and resettlement council shall submit the plan to district-level People’s Committee for its approval.
After obtaining the approval of district-level People’s Committee on compensation, support and resettlement plan, the investor shall submit the application file for land lease to Hanoi Natural Resources & Environment Department.
List of dictrict-level People Committees in Hanoi
