Decision No. 02/2013/QD-UBND dated January 07, 2013 of the People’s Committee of Hanoi amending and supplementing some Articles of the Regulation issued with the Decision No. 108/2009/QD-UBND dated September 29, 2009

PEOPLE’S COMMITTEE OF HANOI

Decision No. 02/2013/QD-UBND dated January 07, 2013 of the People’s Committee of Hanoi amending and supplementing some Articles of the Regulation issued with the Decision No. 108/2009/QD-UBND dated September 29, 2009 of  the People’s Committee of Hanoi on compensation, support and settlement when land is recovered by the State in Hanoi

Pursuant to the Law on Organization of People's Councils and People's Committees dated November 26, 2003;

Pursuant to the Land Law dated November 26, 2003;

Pursuant to the Decrees of the Government: No. 181/2004/ND-CP dated 29/10/2004 on the implementation of the Land Law of 2003; No. 197/2004/ND-CP dated 03/12/2004 on compensation, support and resettlement when land is recovered by the State; No. 17/2006/ND-CP dated 27/01/2006 amending and supplementing a number of Articles of the Decrees guiding the implementation of the Land Law; No. 84/2007/ND-CP of May 25, 2007 with additional provisions on issuance of land use right certificates; on land recovery; on exercise of land use rights; on order and procedures for compensation, support and resettlement when the State recovers land; and on resolution of complaints about land; No. 69/2009/ND-CP dated 13/8/2009 additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement;

At the proposal of the inter-disciplines: City Clearance Steering Committees, the Department of Finance, Department of Natural Resources and Environment, Department of Construction, Hanoi Tax Department and the Department of Justice,

DECIDES:

Article 1. To amend and supplement a number of Articles of the Regulation issued together with the Decision No. 108/2009/QD-UBND dated 29/9/2009 of the People’s Committees of Hanoi on compensation, support and resettlement when the State recovers land in Hanoi as follows:

1) To amend and supplement Article 12 as follows:

"Article 12. Price using as a basis for compensation, support of land (as specified in Clause 2, Article 9 of Decree No. 197/2004/ND-CP; Article 11 of Decree No. 69/2009/ND-CP)

1. Land price for calculation of compensation, support is the land price regulated and announced by the People’s committees of the City according to land use purposes; compensation shall not be made according to the price of land set for the new purpose to be shifted to.

2. Land prices using as a basis for compensation, support and resettlement.

Where land prices which are set by People’s committees of the City after the time of recovery announcement and they are not close to actual market prices of land-use right transfer under normal conditions, the district-level People's Committee shall assign the investors who are responsible for the compensation, support and resettlement to hire consulting organization with evaluation function in accordance with the regulation of Ministry of Finance to determine the price of land as a basis for compensation, support and resettlement, and make evaluation certificates to send to district-level People's Committee for considering, proposing, reporting to the Department of Finance for inspection and submission to the City People's Committee for decision.

The cost of hiring consulting organization for re-evaluating the price of land in accordance with this regulation shall be included in the cost of supporting the compensation, support and resettlement of the project.

3. The adjustment of land prices as a basis for calculating compensation, land recovery support (if any) after having a decision to approve the plan of compensation, support and resettlement of the competent authority shall be handled as follows:

a) In case the compensation, support and resettlement already have done, the land prices adjustment shall not be applied;

b) In case of delayed payments of compensation, support and resettlement and the land price changes, district-level People's Committees shall organize inspection to clarify the causes and responsibilities for handling under the provisions of Clause 2, Article 9 of the Decree No. 197/2004/ND-CP of December 03, 2004 of the Government.

b1. If delay in payment is caused by the fault of the State agencies and the price of land at the time of actual payment is higher rates applied, then the plan of compensation, support and resettlement shall be adjusted according to the price at the actual time of payment;

b2. If delay in payment of compensation, support is caused by the persons who have recovered land and at the time of receiving compensation, support, the land price is higher than the price approved at the plan of compensation, support and resettlement, then the compensation, support and resettlement plan shall not be modified according to the adjusted price;

c) During the period of petitions and complaints related to compensation, support and resettlement and during the period of inspection, conclusion by the functional agency, the land users, users of properties on land still have to implement the plan of compensation, support and resettlement, move and handover of ground to the investor in accordance with the regulations. If the land users, users of properties on land do not implement the publicized and approved plan of compensation, support and resettlement, and do not move, hand over, the late payment shall not be considered as the fault of State agencies.

2) To amend Clause 2, Article 13 as follows:

"2. Garden land and ponds in the same land plot with houses of the households, individuals in residential areas where are not recognized as residential land; garden land and ponds in the same land plot with separate houses; garden land and ponds in the same land plot with houses along the traffic roads, are eligible for compensation under the provisions, when the State recovers, in addition to the compensation under the price of agricultural land for perennial crops specified in the land price table issued annually, it is supported in cash as follows:

a) The level of support:

a. 1.1 Equal to 70% of the residential land price in the same land plot with houses of households and individuals using before 10/151993 and with one of the conditions of compensation under residential land prices;

a.2. Equal to 40% of the residential land price in the same land plot with houses of households and individuals using residential land without papers from 10/15/1993 to before 07/012004 and with one of the conditions of compensation under residential land prices;

b) The supported area is calculated by the actual recovered area but not more than 05 times of the new residential land allocating quota in the localities."

3) To amend Point a, Clause 1 of Article 18 as follows:

"a) In case the used being land is land with house and not in one of the cases violating the regulations specified at Points a, b, c, d, đ Clause 5 of Article 7 of the Regulation attached to the Decision No. 108/2009/QD-UBND dated 29/9/2009 of the City People’s Committees, the current land user shall be compensated with residential land price for the area of land located within the limit recognized as residential land in accordance with current regulations (the limit per the whole real area is being used by a land user) but shall not exceed the actually recovered land area and required to withhold financial obligations by 50% of the land compensation value.

The area of land in excess of limits recognized as residential land (if any) is compensated and supported in accordance with provisions for garden land and ponds in the same land plot with house of a land user as specified in point a, Clause 2 of this Article. "

4) To amend Point b, Clause 2 of Article 19 as follows:

"b) Shall be compensated for the allocated residential land area that is the one out of the land allocation quota under the current regulations, but required to withhold land use levy by 50% of the residential land compensation price."

5) To amend Clause 2, Article 26 as follows:

"2. In case of not recovering land and not changing the purpose of land use (houses, construction works having sufficient conditions for the existence in the safety corridor of the building), but limiting the ability to use, the cash assistance shall be applied.

a) Houses, works for the daily life of households, individuals do not have to move from the power grid safety corridors up to 220KV specified in Clause 4, Article 1 of the Decree No. 81/2009/ND- CP, the house owner, works for daily life activities are supported (one-time) due to the limited ability to use and impact of daily life activities, as follows:

a.1. Houses, daily life works having a part or all of the construction area located in the power grid safety corridors, built on land eligible for compensation under the provisions of the law, before the announcement date of implementing high-voltage power grid projects approved by the competent authority, the constructed area in the power grid safety corridors is supported by 70% of the new construction unit prices issued by the Hanoi People's Committee;

a.2. Houses, daily life works built on land not eligible for land compensation in accordance with the law, but built in the reality (prior to 07/01/2004), it is supported by 50% of support level specified in Article 32 of the Regulation issued together with the Decision No. 108/2009/QD-UBND dated 29/9/2009 of the Hanoi People's Committee, calculated on the area of the construction located in the power grid safety corridors

b) Residential land, other lands in the same residential land plot of one user in the power grid safety corridors which are not subject to land recovery by the State, the land user shall be supported (one time) due to limit of ability to use the land, as follows:

b.1. Residential land having one of the conditions specified in Article 7 of the Regulation issued together with Decision No. 108/2009/QD-UBND dated 9/29/2009 of City People’s Committees is supported by 80% of the compensation land price calculated on the land located in the power grid safety corridors;

b.2. Other types of land, in the same land plot specified in Point b1 above, are supported by 80% of the level of compensation, support on land under this Regulation when recovering those lands, calculated on other lands in the area of power grid safety corridors.

c) For plants inside and outside of the power grid safety corridors having foliage inside the power grid safety corridors:

c.1. Plants existed before the announcement of land recovery for implementing the project and inside the power grid safety corridors, if they are cut down and prohibited from new grow as prescribed in Clause 3, Article 5 of the Decree No.106/2005/ND-CP, the compensation is made according to current regulations.

c.2. Plants existed before the announcement of land recovery for implementing the project and inside the power grid safety corridors, if they are not subject to cutting down and prohibit from new grow as prescribed in Clause 3, Article 5 of the Decree No.106/2005/ND-CP, or plants outside the power grid safety corridors having risk of safe distance violation specified in Clause 2, Article 5 of Decree 106/2005/ND-CP, the operation management unit has the right to inspect, trim or cut to ensure safety for overhead power transmission line, and have lump-sum support. District-level People's Committees shall decide the level of support but does not exceed 30% of compensation level as prescribed.

d) When supporting by cash in cases specified in Points a, b, and c mentioned above, the People's Committees of districts, towns are responsible for directing the district-level department of Natural Resources and Environment, land use right registration office of districts, towns to make procedures to write land use right restrictions on certificates of land use right and property rights (in case the land use right certificates already granted) or archive records of land management to make the management of land use and write land use restrictions when granting certificate of land use rights, housing ownership right and other assets in accordance with the land. "

6) To supplement Clause 1 of Article 29 as follows:

"Funds supported for households and individuals to hire, bid under this provision shall be taken from the budget amount supported by the district-level People's Committee as recovery of land to the commune-level People's Committees."

7) To amend and supplement Clause 1 and 2, Article 31 as follows:

"1. Houses and construction works with construction permit; houses and construction works without construction permit prior to 07/01/2004 of the households and individuals on land which are eligible for compensation as specified in Article 7 of the Regulation issued together with the Decision No. 108/2009/QD-UBND dated 29/9/2009 of the of the City People’s Committee shall be compensated by 100% of the new construction price unit promulgated by the City People's Committee.

City People's Committee authorizes the Construction Department to publicize the decision of new construction unit prices of houses, works, architectural structures, tomb removal for a basis for compensation and support when the State recovers land in the area of the City.

2. Compensation for technical infrastructure, social infrastructure is determined as follows:

a) For the technical infrastructure or social infrastructure being in use, but required to be removed, the compensation level in cash is calculated by the value of new construction with the technical standards at the same level (according to standards specifications issued by the specialized management ministries) for the units managing, using, exploiting these works to self-build, the new ones or move the works; if the works are no longer in use, they shall not be compensated.

For the technical infrastructure being in use, required to be removed, but it has not been classified into technical standard levels, the specialized management Department shall determine the technical standard level for calculating compensation value.

b) For the projects involving multiple geographical areas (districts, communes, wards), the removal of the technical infrastructures in use have to perform synchronously. If the units having assets send written request to receive compensation by construction work (instead of receiving cash compensation as prescribed in Item a, Point 2 of this Clause), the compensation by construction work is considered as follows:

b1. Based on the investigation records of the Task Team on the current state of technical infrastructure which is in use and need to be removed (certified by the commune-level People's Committee and of the units managing, using, exploiting the works), the investors assigned for the land clearance are responsible for making or hiring the organizations with legal entity to make estimates of new work construction which has equivalent technical standard, and send it to the state specialized management agency for consulting consent opinion, assessment as a basis for submitting to the district-level People's Committee to appraise and approve the plan of compensation, support as prescribed.

b2. Value of the approved compensation, support plans is the cost to organize the removal, construction and returning, handover to the unit having assets. The organization of removal, construction of work must comply with the order and regulations on management of investment project; non-usable recovered asset shall be handled in accordance with the current regulations.

In case the unit with asset has additional need of utility, capacity increase and technical standards, the increased part should be paid by the unit.

b3. Unit receiving such assets shall perform the assessment; record increase of the State capital in the enterprises in accordance with the regulations. "

8) To adjust the number of supports specified in Article 35, Article 38 as follows:

a) To change the support level of tomb removal stimulated in Clause 1 and 2 of Article 35 from VND 3,000,000/tomb to VND 5,000,000 (five million VND)/tomb.

b) To change the support level of house relocation specified at Point a, Clause 1, Article 38 from VND 3,000,000 VND/owner of house, land (if relocated inside the City) to VND 5,000,000 (in million VND)/owner of house, land; From VND 5.000.000/owner of house/ land (if relocation to another province or city) to 8,000,000 (eight million VND)/owner of house, land.

In cases of eligibility for resettlement arrangement that voluntarily hand over land and take care by their own the temporary residential accommodation, the owner of house, land shall have additional support for temporary residential accommodation relocation to be VND5,000,000 (five million VND).

c) To support house renting for temporary resettlement specified at Point b, Clause 1, Article 38 from VND 500.000/person or VND 1,000,000/single household/month to the VND 1,000,000 (one million VND)/actual person at the recovered land/month or VND 2,000,000 (two million VND)/single household/month, but the level of support does not exceed 6,000,000 (six million/household/month.

The support period is calculated from the time of land handover to the time of notice of receiving resettlement house (in case of being bought resettlement housing); calculated from the hand over time to the time of notice of receiving resettlement land plus additional 06 months to build house (in case of resettlement land assignment).

For the cases receiving support money for self-taking care of resettlement, the temporary house renting support is also applied as the cases of being bought house, assigned land for resettlement of the project.

In case of being recovered one part of residential land but the residential land owners are not enough criterion for resettlement support, but to-be demolished actually in whole or in part of the house, if they hand over ground for the right schedule, the temporary renting support as above is applied for 06 months (for the case of demolition of the whole house) and 03 months (for the case of demolition of a part of house).

9) To amend Clause 3 of Article 40 as follows:

"3. Support policy of vocational training for laborers who are recovered their agricultural land (According to the Decision No. 52/2012/QD-TTg of the Prime Minister) shall be particularly promulgated in details by the City People's Committee.

10) To amend Clause 3 of Article 44 as follows:

"3. In cases the investors who implement the projects with funds outside the budget could not take care the resettlement fund, if they need to use the land and house resettlement fund of the City, they must propose the City People’s Committee for being considered buying house, allocation land with the price close to the market price."

11) To amend Article 45 as follows:

“Article 45. Policies and principles of resettlement allocation of residential housing and land to the households and individuals (Implementation of the Land Law, the Housing Law in 2003; Article 4, Clause 2 Article 14, Article 34 of the Decree No. 197/2004/ND-CP; Article 5 of the Decree No. 84/2007/ND-CP; Article 19 of Decree No.69/2009/ND-CP; Article 18 of the Circular No.14/2009/TT-BTNMT)

1. Households and individuals who have land recovered by the State meet one of the conditions of compensation, support with residential land prices are allocated resettlement as described in the following cases:

a) Households and individuals who have to relocate their accommodation due to the recovery of all residential land without any other residential place in the same commune, ward or township of land recovery (except for households, individuals without need of resettlement);

b) Households and individuals who have land to be recovered and the remaining residential land area after recovery are not eligible for staying in accordance with the City’s regulation and without any other residential place in the same commune, ward or township where land is recovered;

c) Households and individuals who use residential land inside the safety corridor as construction of public works with safety protection corridors and have to move without any other residential place in the same commune, ward or township where land is recovered;

d) Other special cases settled in accordance with separate guidance documents of the City People’s Committee.

2. The land use fee, the price of selling resettlement houses.

a) The land use fee as allocating resettlement land is determined by the transfer prices of land use right on the market in normal conditions, at the same time and consistent with the principles and method of land valuation as a basis for compensation, support as recovery, approved by the City People's Committee for each specific project (for the case of adjustment compared with the annual price) together with the approval of land prices as a basis for compensation, support to the recovery of land.

The investors or organizations that implement the compensation, support and resettlement are responsible for hiring consulting organization with evaluation function in accordance with the regulation of Ministry of Finance to determine the land use fee, and make evaluation certificates to send to the district-level People's Committee for considering, proposing, reporting to the Department of Finance to evaluate and submit to the City People's Committee for decision of resettlement land use fee.

The cost of hiring consulting organization for re-evaluating the price of residential land in accordance with this regulation shall be included in the cost of serving the compensation, support and resettlement of the project.

b) The selling price of houses for resettlement is determined close to the actual transfer price on the market, to ensure that it is not less than the allocated land use fee and actual costs.

The City People's Committee authorizes the Department of Finance to determine the price of resettlement apartment according to the floor, type of apartment and location of each specific project. The Hanoi Housing Management and Development one member limited liability Company shall hire the consulting organization to appraise the price, report to the Department of Finance for examination and approval.

For the apartment of resettlement in resettlement areas already determined price according to this principle, if it is continued to apply to the following projects but the market price fluctuates, the Department of Finance shall approve the percentage of adjustment of increase or decrease accordingly for application.

c) In implementing the price policies of resettlement specified in this Clause, the recovered land owners have the right to choose the resettlement allocation plan of the investors agreed for the projects as stipulated in Clause 12, 13 of this Article or buying commercial house, land in the new urban development projects in the city.

3. Resettlement support.

a) When the State recovers land (all residential land plot), households and individuals who are eligible for resettlement allocation and the amount of compensation, support is less than the value of a minimum distribution of settlement (40m2 land; 45 m2 of an apartment) shall be supported this difference.

In case after receiving the support from the difference, the total amount of compensation and support in the plan which is still not enough to pay land use fee, buy resettlement house according to actually-approved plan, if the households and individuals have expectation and send application, they could amortize the left amount under the current provisions of the city People’s Committee;

In case households and individuals don’t receive residential land, house in the resettlement area, they shall be supported in cash as specified in Item b, Point 3 of this Clause.

b) When the State recovers land of households and individuals who are eligible for resettlement allocation (including the cases specified in Item a, Point 3 of this Clause), and wish to take care by themselves of accommodation, they shall be supported an amount equal to 100 million VND/household (one hundred million VND).

4. If the owners recovered their land cannot afford to buy houses, land for resettlement, they shall be considered to rent, lease, or lease-purchase or buy houses for low-income people in accordance with Decision No. 67/ 2009/QD-TTg dated 24/4/2009 of the Prime Minister promulgating a number of mechanisms and policies on development of houses for low-income people in urban centers and the Circular No. 36/2009 /TT-BXD dated 01/16/2009 of the Ministry of Construction guiding the sale, lease, lease-purchase, management and use of houses for low-income people in urban areas, based on the City Housing Fund.

5. Resettlement allocation principles and priorities in resettlement allocation

Based on the current land, resettlement housing fund (region, location structure of the land plots; type of houses, quantity, area of land, apartment structure), the district-level People's Committee shall approve regulations on drawing lots to determine the location of houses, resettlement land of the project, to ensure an opened, fair, democratic and legal policies and also implement policies of priority in the resettlement allocation as follows:

a) To prioritize on-spot resettlement for the owner recovered land within the location where land locates in the scope of the resettlement project;

b) To prioritize favorable location allocation for house, land users who hand over the land in earliest time, who have good location at the place where locates recovered land, or who are subjects of policy family.

12) To amend Article 47 as follows:

"Article 47. Allocating resettlement by residential land for households and individuals

In case the State have land funds for allocation and households, individuals are eligible, and require for allocating resettlement by land assignment, the land for resettlement shall be allocated according to price policies specified in Point 2 Clause 11 of this Article with an area based on the recovered residential land area, resettlement land fund conditions of the project and the new land allocation quota in accordance to the regulation of the City People’s Committee as follows:

a) From 40m2 to 90m2 for assigning resettlement land in the wards;

b) From 60m2 to 120m2 for assigning resettlement land in the towns, peri-urban communes in the districts bordering the wards of districts, and communes of towns (peri-urban commune classification in accordance with the current regulation of the City People’s Committee);

c) From 80m2 to 180m2 for assigning resettlement land in the plain communes;

d) From 120m2 to 240m2 for assigning resettlement land in the midland communes;

đ) From 150m2 to 300m2 for assigning resettlement land in the mountainous communes.

2. Assignment of resettlement land in case of the recovery of the entire residential house, land.

a) If the recovered land area is eligible for compensation according to residential land price, the resettlement land area is assigned equal to the recovered residential land area but not lower than the minimum resettlement land plot and not exceeding allocation limit specified in Point 1 of this Clause.

b) If the recovered land is not eligible for compensation according to residential land price but is supported by the residential land price, the resettlement land area is assigned equal to the recovered residential land area but not lower than the minimum resettlement land plot and not exceeding the minimum resettlement quota (by the each region) specified in Point 1 of this Clause.

3. Assignment of resettlement land in case of recovery of a part of residential house, land.

The land area considered to assign for resettlement is determined by the area of resettlement assignment land as for the case of recovery of the entire residential house, land specified in Point 2 of this Clause – except for the remaining land outside the ground clearance border, but the area of resettlement assignment land for one owner of residential house, land is not lower than 40m2.

4. For the particular cases, in accordance with local practice, the district-level People's Committee examines and proposes the City People's Committee for review, decision"

13) To amend Article 48 as follows:

"Article 48. Allocation of resettlement by apartment to households and individuals

If the households and individuals are eligible, and require to be allocated resettlement with apartments, they may buy resettlement apartment according to policies specified in Point 2, Clause 11 of this Article; the area, quantity of apartment for allocating resettlement to the households (except the cases specified in Point 3, Clause 11 of this Article) are based on the conditions of the resettlement housing fund of the project, recovered area of house, land, the financial ability of the households.

If the households and individuals are eligible for resettlement allocation, but they do not buy the resettlement houses allocated by City, and want to buy commercial houses in the housing development projects, they shall be recommended to the project by the Department of Construction. In this case, the households, individuals shall be supported for self-relocation as prescribed in Item 3, Clause 11 of this Article. "

14) To amend and supplement Point b1, Clause 2 of Article 53 as follows:

"b.1. Commune-level People's Committees having written confirmation of the contents:

- Identification the houses, land within the recovery scope of households, individuals with/or without disputes, claims;

- Based on records on land management, building archived under the provisions of the commune-level People's Committee to determine the conditions for being compensated or not;

- Compensate according to the provisions of Clause 5, Article 7 of the Regulation issued together with the Decision No. 108/2009/QD-UBND dated 9/29/2009 of the City People’s Committee;

- Based on the land management records, determining the time to start using land in accordance with current use purpose, time to start changing the current land use purpose; time to build houses, works on land within the ground clearance boundary of the organizations, households and individuals in the scope of land recovery. If there is no record, organize to collect opinion of Commune-level Fatherland Front and those who used to reside locally at the same time to start using land as the basis for certification,

In case of disputes, complains, the commune-level People's Committees must report to the district-level People's Committee for consideration and conclusion, settlement as a basis for the formulation, approval of the compensation, support and resettlement plan in accordance with regulations;

- Confirming the relocation of residential areas of the households and individuals due to land recovery; conditions of residential houses, land of households and individuals in the commune, ward or township where the land is recovered;

- Confirming the populations directly producing agriculture of the households and individuals who have agricultural land to be recovered.

15) To amend point g, Clause 1 of Article 54 as follows:

"g) Re-settlement plan; relocation plan for organization (if any)."

16) To amend Clause 6 and supplement Clause 7 of Article 62 (responsibilities of investors, fund development organizations assigned land for ground clearance under planning) as follows:

"6. Investors are responsible for hiring consultants to determine the price of land as provided for in Point 2, Clause 1 and Item a, Point 2, Clause 11 of this Article (if the projects are required to be allocated resettlement); active preparation of the resettlement funds and new residential places for the residents.

7. For construction projects in lines or with a large-scale of land recovery, in case of phasing land recovery, implementing compensation, support and resettlement, the investors or organizations assigned ground clearance tasks are based on the scope, objects and the current situation of the compensation, support and resettlement, to propose to the district-level People's Committee for consideration and report to the City People's Committee for directing the implementation. "

17) To Supplement Clause 8, Clause 9, Article 63 (the responsibility of the district-level People's Committees) as follows:

"8. Proposing, reporting to the Department of Finance to verify, submit to the City People's Committee for approval, adjustment land price in accordance with Point 2, Clause 1 and Item a, Clause 2, Clause 11 of this Article (if the projects are required to be allocated resettlement).

9. Reporting, proposing the phasing of land recovery, site clearance of projects, works in lines and large-scale land recovery (if any). "

18) To supplement Clause 2, Article 68 (the responsibility of the Department of Finance) as follows:

"1) Concretely guiding the process, procedures for determining land prices, house prices close to the market price under normal conditions (from the stage of establishing a list of organizations, consultants of price evaluation with legal entity, capacity; process of identification, verification, related records as proposal and sending to the Department of Finance to examine, submit to the City People’s Committee of the city for making adjustment price decision). "

19) To amend Point c and supplement Point e, Clause 4, Article 68 (the responsibility of the Department of Construction) as follows:

"c) Introducing commercial houses fund from the housing development projects in the city for People's Committees of district, towns, and households wishing to purchase commercial houses;

e) Annually issuing and publicizing the new construction unit price of housing, works and structures, grave relocation as a basis for compensation and support when the State recovers land in the city. "

Article 2. Handling a number of issues arising when issuing the decision

1. The projects, items that have paid completely the compensation, support and resettlement before the effective date of this regulation, it shall not be applied or not governed by this regulation.

2. The projects, item that have approved the plan of compensation, support and resettlement or ongoing payment of compensation, support and resettlement under the plan approved before the effective date of this regulation, it shall be complied with the approved plan, and shall not be applied or adjusted according to this regulation. In case of late compensation, land price for the compensation, support shall comply with the provisions of Clause 2, Article 9 of the Decree No. 197/2004/ND-CP and Clause 1, Article 1 of this Decision.

3. In the process of implementation, if any problems arise, Departments, Branches and People's Committees of districts, organizations, households and individuals who are assigned or leased land; Organization on duty of clearance compensation should be reported promptly to the Steering Committee of clearance for synthesis, and together with Interdisciplinary Branch to study, report to the City People’s Committee.

Article 3. This Decision takes effect 10 days after its signing. All provisions which are contrary to the provisions of this Decision are annulled.

Chief of the Office of City People's Committees; Directors of Departments and Branches; Presidents of People's Committees of districts and Son Tay town; related organizations, households and individuals are responsible to implement this Decision. /.

For the People’s Committee

For the President

Deputy President

Vu Hong Khanh