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

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Question date: 03/12/2022

What are regulations on amount of expenditure on compensation, support, relocation, coercive inventory, and coercive land expropriation in Vietnam? What are regulations on production of expenditure estimates for compensation, support, relocation, and coercive inventory for projects and sub-projects in areas with difficult or extremely economic-social conditions in Vietnam? What are regulations on production of expenditure estimates for compensation, support, relocation, and coercive inventory for projects and sub-projects where coercive inventory is not required in Vietnam?

Thank you!

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

      Pursuant to Article 5 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 land expropriation in Vietnam as follows:

      1. Payments whose amount, standard, and unit have been regulated by a competent body shall conform to applicable regulations.

      2. With respect to working office buildings and machinery serving operation of authorized organizations and appraising agencies, these entities are responsible for arranging and positioning within their available working office buildings and machinery to serve their operations.

      If those entities cannot arrange their working office buildings or machinery, they are allowed to rent working office buildings and machinery for the purpose of compensation, support, and relocation. The renting of working office buildings, renting and procuring of machinery and equipment shall conform to regulations and law on management and use of public assets, bidding, and relevant law provisions.

      3. Printing, photocopying documents, office supply, communication (post, telephone), and fuel costs shall be calculated depending on actual demand of each project and sub-project.

      4. Payments for service providers for services pertaining to compensation, support, and relocation shall conform to contracts signed between authorized organizations and service providers. Service providers are obliged to adequately adhere to the contract and relevant law provisions. Service providers shall be selected in accordance with regulations and law on bidding.

      5. With respect to payments not mentioned under Clauses 1 through 4 of this Article, People’s Committees of provinces shall rely on local situations, report the specific payment amount to the People’s Councils of provinces.

      What are regulations on production of expenditure estimates for compensation, support, relocation, and coercive inventory for projects and sub-projects in areas with difficult or extremely economic-social conditions in Vietnam?

      Pursuant to Clause 1.a Article 6 of the Circular 61/2022/TT-BTC (takes effect from 20/11/2022) stipulating production of expenditure estimates for compensation, support, relocation, and coercive inventory for projects and sub-projects in areas with difficult or extremely economic-social conditions in Vietnam as follows:

      Authorized organizations shall rely on payment details under Article 4 hereof, payment amounts under Article 5 hereof and actual workload to produce expenditure estimates for compensation, support, relocation, and coercive inventory (if any), send to Departments of Finance for appraisal (with respect to projects and sub-projects whose compensation, support, relocation solutions are approved by People’s Committees of provinces) or to Departments of Finance and Planning (with respect to projects and sub-projects whose compensation, support, relocation solutions are approved by People’s Committees of districts; including projects and sub-projects whose solutions are approved under authorization of the People‘s Committees of provinces) in order to request People’s Committees of the same levels to approve.

      What are regulations on production of expenditure estimates for compensation, support, relocation, and coercive inventory for projects and sub-projects where coercive inventory is not required in Vietnam?

      Pursuant to Clause 1.b Article 6 of the Circular 61/2022/TT-BTC (takes effect from 20/11/2022) stipulating production of expenditure estimates for compensation, support, relocation, and coercive inventory for projects and sub-projects where coercive inventory is not required in Vietnam as follows:

      b.1) With respect to projects and sub-projects where compensation, support, and relocation are implemented by the Council for compensation, support, and relocation: The production of expenditure estimates for compensation, support, relocation, and coercive inventory shall conform to Point a of this Clause.

      b.2) With respect to projects and sub-projects where public service providers act as authorized organizations and implement compensation, support, and relocation:

      Authorized organizations shall rely on payment amounts according to Point b and Point c Clause 1 and Clause 2 Article 3 hereof to determine expenditure on compensation, support, and relocation, and send to financial authorities under Point a of this Clauses for appraisal and presentation to People’s Committees of the same levels for approval. Expenditure on compensation, support, and relocation approved by People’s Committees of provinces and districts shall be expenditure estimates for compensation, support, and relocation of the projects and sub-projects.

      If coercive inventory is required, authorized organizations shall rely on payment details under Article 4 hereof, payment amounts under Article 5 hereof, and actual workload to produce expenditure estimates for coercive inventory together with expenditure estimates for compensation, support, and relocation before sending to financial authorities for presentation to the People's Committees of the same levels.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Article 5 of the Circular 61/2022/TT-BTC Download
    • Article 6 of the Circular 61/2022/TT-BTC Download
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