In Decision 38/2025/QD-UBND amending the Regulations on compensation, support, and resettlement when the State reclaims land in Hanoi city, attached to Decision 56/2024/QD-UBND as follows:
- Regarding Compensation for houses and construction works that do not meet technical standards according to the provisions of specialized law (implementing Point d, Clause 1, Article 14, Decree No. 88/2024/ND-CP)
The unit in charge of compensation, support and resettlement shall base on the current status investigation record (confirmed by the People's Committee of the commune, ward, or town where the land is recovered, hereinafter referred to as the People's Committee at the commune level), the collection dossier shall be suitable for the current status of the project (development, completion) to establish or hire a consulting unit with legal status and sufficient capacity to prepare a design dossier in accordance with the current status of the project (if necessary), the construction estimate for the new project shall have equivalent technical standards, and shall be sent to the commune-level professional agency for appraisal. The unit in charge of compensation, support and resettlement shall complete the compensation, support and resettlement plan and send it to the commune-level professional agency for consideration and submit it to the Chairman of the People's Committee at the commune level for approval.
- Regarding Compensation for Tomb Relocation (implementing Article 15 of Decree No. 88/2024/ND-CP)
Built cemeteries with special architecture: The unit in charge of compensation, support, and resettlement shall prepare an estimate or hire a consulting unit with sufficient capacity to prepare an estimate and send it to the District Urban Management Department for appraisal before submitting it to the District People's Committee for approval.
- Regarding Compensation for property relocation costs when the State reclaims land from an organization (implementing Article 104 of the Land Law)
For the system of machinery, production lines and legal assets that can be dismantled and relocated, the unit in charge of compensation, support and resettlement shall base on the status investigation record, with confirmation from the People's Committee of the commune where the land is recovered, to hire a consulting unit with legal status to make a budget for dismantling, moving and re-installing (including the damage when dismantling, transporting, installing the machinery system, production lines), send it to the District-level Urban Management Department for appraisal to submit to the District People's Committee for approval of the compensation and support plan.
- Regarding resettlement for households, individuals, and people of Vietnamese origin residing abroad who are using residential land and own houses attached to land use rights in the city when the State reclaims residential land that is eligible for land compensation (implementing Clause 4, Article 111 of the Land Law)
(1) For wards: Compensation is paid by selling resettlement apartments. In case there is a need for compensation in land but the resettlement land fund in the ward ensures the scale and area of resettlement for the project, the Ward People's Committee shall make compensation by allocating resettlement land according to regulations; in case the resettlement land fund in the ward does not ensure enough compensation area but there is a need for resettlement in other communes, the City People's Committee shall consider each specific project. Compensation by allocating resettlement land is implemented as below.
(2) For communes, compensation shall be implemented by allocating resettlement land. The area of residential land compensated is equal to the area of recovered residential land but not less than the minimum resettlement rate prescribed: For areas and projects implementing compensation and resettlement in residential land, the minimum resettlement rate area is equal to the minimum area of land allocated for land division in the locality prescribed by the City People's Committee, and does not exceed the maximum limit for newly allocated residential land in the locality, except in cases where there are many generations or there are many couples living together on a recovered residential land plot as above if they are eligible to be separated into separate households according to the provisions of the law on residential land or there are many households with the common right to use a recovered residential land plot.
