What are regulations on amount of expenditure on compensation, support, relocation, coercive inventory, and coercive expropriation in Vietnam?

What are regulations on amount of expenditure on compensation, support, relocation, coercive inventory, and coercive expropriation in Vietnam?

Pursuant to Article 3 of the Circular 61/2022/TT-BTC (takes effect from 20/11/2022) stipulating amount of expenditure on compensation, support, relocation, coercive inventory, and coercive expropriation in Vietnam as follows:

1. Amount of expenditure on compensation, support, relocation, and coercive inventory is regulated as follows:

a) With respect to projects and sub-projects in areas with difficult or extremely economic-social conditions in accordance with regulations and law on investment, projects, sub-projects, construction of infrastructures, amount of expenditure on compensation, support, relocation, and coercive inventory (if any) must be based on actual workload and estimates approved by a competent body in accordance with Clause 1 Article 6 hereof.

b) With respect to projects and sub-projects not mentioned under Point a of this Clause where coercive inventory is not required according to decision of a competent body, amount of expenditure on compensation, support, and relocation must not exceed 2% total expenditure on compensation, support, and relocation of the projects, sub-projects.

c) With respect to projects and sub-projects not mentioned under Point a of this Clause where coercive inventory is required according to decision of a competent body, amount of expenditure on compensation, support, and relocation (excluding expenditure on coercive inventory) must not exceed 2% of total expenditure on compensation, support, and relocation of the projects and sub-projects; amount of expenditure on coercive inventory must be based on actual workload according to estimates approved by a competent body in accordance with Clause 1 Article 6 hereof.

2. With respect to projects and sub-projects where coercive land expropriation is required according to decisions of a competent body, amount of expenditure on coercive land expropriation must be based on actual workload according to estimates approved by a competent body in accordance with Clause 1 Article 7 hereof.

What are regulations on details of expenditure on compensation, support, and relocation in Vietnam?

Pursuant to Clause 1 Article 4 of the Circular 61/2022/TT-BTC (takes effect from 20/11/2022) stipulating details of expenditure on compensation, support, and relocation in Vietnam as follows:

a) Publicizing policies and regulations on compensation, support, and relocation in case of expropriation by the State and mobilizing relevant entities to implement decisions on land expropriation.

b) Covering investigation, surveying, measurement, inventory in accordance with Clause 1 Article 69 of the Law on Land in 2013, including: Distributing leaflets, guiding the aggrieved persons to declare; making excerpt of plot cadastral map for plots without cadastral map for the purpose of compensation and land clearance; measuring and determining area of plots within the expropriated area for the purpose of project execution (if any) of each organization, household, and individual to serve as the basis for making compensation, support, and relocation in case of expropriation by the State for cases where measurement must be repeated; inventorying the number of houses, buildings, plants, domestic animals, and other assets that have been damaged following the State’s expropriating land of each organization, household, and individual; inspecting and cross-checking declaration against damage inspection results for each subject of land expropriation; calculating damage to land, houses, buildings, plants, domestic animals, and other assets.

c) Producing, appraising, approving, and publicizing solutions for compensation, support, and relocation from calculating indicators, determining relocation, support levels to approving solutions and publicizing solutions for compensation, support, and relocation.

d) Paying for compensation, support, and relocation according to solutions for compensation, support, and relocation approved by a competent body as per the law.

dd) Guiding implementation, dealing with difficulties in organizing implementation of solutions for compensation, support, and relocation approved by a competent body as per the law.

e) Renting working office buildings, renting and purchasing machinery and equipment for the purpose of compensation, support, and relocation of authorized organizations and appraising bodies.

g) Printing, photocopying documents, incurring office supplies, and communication (post, telephone), fuel and travel.

h) Hiring personnel to implement compensation, support, and relocation (if any). The hiring of personnel shall be decided by heads of authorized organizations, regulated under internal spending regulations, and implemented only when authorized organizations lack manpower for implementation. The hired personnel must not carry out the same tasks as personnel of the authorized organizations.

i) Incurring other expenses directly related to compensation, support, and relocation.

What are regulations on details of expenditure on coercive inventory and coercive expropriation in Vietnam?

Pursuant to Clause 2 Article 4 of the Circular 61/2022/TT-BTC (takes effect from 20/11/2022) stipulating details of expenditure on coercive inventory and coercive expropriation in Vietnam as follows:

a) Notifying and mobilizing entities to carry out decisions on coercive inventory and coercive expropriation.

b) Purchasing materials, fuel, renting vehicles, protective equipment, medical equipment, fire safety equipment, and other necessary equipment serving the coercive inventory and coercive expropriation.

c) Organizing implementation of decisions on coercive inventory and coercive expropriation.

d) Sealing, dismantling, destroying, and moving assets; relocating coerced individuals and relevant individuals from plot area, hiring location, personnel, protection for assets, and other realistic costs serving maintenance of the assets during implementation of coercive land expropriation in case owners of the assets fail to make payment.

dd) Filming, taking photographs to serve coercive inventory and coercive land expropriation.

e) Protecting and preventing re-expropriation after implementing coercive expropriation of the plot until clearance is granted.

g) Incurring other payments related to the implementation of coercive inventory and coercive land expropriation.

Best regards!