On the Government Information Portal, Ms. P.K.H in Hanoi asked: In case of determining specific land prices to serve compensation, support, and resettlement for public investment projects, are specific land price determination costs allocated from the total investment of the project?
Regarding this issue, the Ministry of Agriculture and Environment has the following opinions:
Clause 1, Article 94 of the 2024 Land Law stipulates:
Compensation, support, and resettlement costs are guaranteed by the State. Compensation, support, and resettlement costs include: compensation, support, and resettlement costs when the State recovers land; costs to ensure the organization of the implementation of compensation, support, and resettlement and other costs.
Clause 4, Article 38 of Decree No. 71/2024/ND-CP dated June 27, 2024 of the Government on land prices stipulates:
Funds for organizing the construction, adjustment, amendment, and supplementation of land price lists, determining specific land prices, appraising, monitoring, and updating land prices are allocated from regular expenditures according to the provisions of the State Budget Law.
Point c, Clause 4, Article 27 and points a, b and c, Clause 2, Article 28 of Decree No. 88/2024/ND-CP dated July 15, 2024 of the Government stipulating compensation, support, and resettlement when the State recovers land stipulate:
Article 27. Costs to ensure the organization of compensation, support, and resettlement.
The content of the cost assurance for organizing the implementation of compensation, support, and resettlement specified in Clause 1 of this Article includes:
Cost of preparing, appraising, approving, and publicizing compensation, support, and resettlement plans from the stage of calculating and determining the level of compensation and support to the stage of approving plans and publicly announcing compensation, support, and resettlement plans.
Article 28. Funding for compensation, support, and resettlement:
Compensation, support, and resettlement costs when the State recovers land for project implementation are regulated as follows:
The cost of implementing compensation, support, and resettlement is included in the total investment of the project.
Ministries and sectors are responsible for ensuring compensation, support, and resettlement funds for investment projects implemented by ministries and sectors under the authority to decide on investment policies of the National Assembly, approve, and decide on investment of the Prime Minister and projects invested or decided on investment by ministries and sectors.
The Provincial People's Committee is responsible for ensuring compensation, support, and resettlement funds for projects under the decision-making authority of the Provincial People's Council and projects specified in point b of this clause, but assigns responsibility to the Provincial People's Committee to arrange compensation, support, and resettlement funds in accordance with the law.
