Decision No. 07/2019/QD-UBND Amending and Supplementing Certain Articles of the Regulation Promulgated with Decision No. 14/2017/QD-UBND on Principles and Compensation Unit Prices for Property Damage upon Land Recovery by the State for Construction Projects in Binh Thuan Province

Decision No. 07/2019/QD-UBND dated 2019 of the Binh Thuan Provincial People's Committee amends and supplements the Regulation on principles and compensation unit prices for property damage upon land recovery by the State for construction projects in Binh Thuan Province promulgated with Decision No. 14/2017/QD-UBND dated 4 May 2017. The Decision was issued on the basis of, among others, the Law on Local Government Organization dated 19 June 2015, Decree No. 47/2014/ND-CP dated 15 May 2014 on compensation, support and resettlement upon land recovery by the State, and Circular No. 37/2014/TT-BTNMT, and upon the joint submission report No. 1087/TTrLS dated 20 December 2018 of the Department of Finance, Department of Construction and Department of Agriculture and Rural Development. It takes effect from 1 March 2019 and directly amends Decision No. 14/2017/QD-UBND, including its Appendix No. 1 and Appendix No. 2, and abolishes Clause 2, Article 3 of the Regulation attached to that Decision. It applies throughout Binh Thuan Province to agencies, organizations and individuals involved in compensation for houses and architectural structures, crops, industrial crops, timber trees and other assets when the State recovers land. The Decision makes three substantive amendments. First, it revises Clause 5, Article 2 on handling of assets not listed in Appendix No. 1 and Appendix No. 2 and of important projects with specific characteristics: the People's Committees of rural districts, towns and cities shall report and propose to the relevant specialized agencies (construction, agriculture and rural development, industry and trade and others), which shall take the lead and coordinate with the Department of Finance to conduct tham dinh of relevant contents within their specialized tasks based on market prices and notify implementing units. Second, it replaces Clause 4c, Article 2 on planting density. For crops of 4 years or less up to the time of land recovery, the quantity eligible for compensation is the actual quantity but capped at the prescribed maximum standard density per hectare, specifically: Acacia hybrid, Eucalyptus (pure), Casuarina (pure) 3,333 trees/ha; Acacia auriculiformis and Acacia crassicarpa 1,666 trees/ha; Coc hanh 1,100 trees/ha; Dau, Sao, Cam xe, Lim, Binh linh, Huynh dan 400 trees/ha; Xa cu (pure) 625 trees/ha; drought-tolerant Xoan (intercropped) 1,333 trees/ha at 50:50 intercropping ratio and (pure) 1,100 trees/ha; forestry trees intercropped with forestry trees or with industrial crops 1,250 trees/ha at 50:50 ratio; durian and mangosteen 200 trees/ha; cashew 300 trees/ha; date palm 500 trees/ha; rubber 555 trees/ha; coconut, lime, rambutan, pomelo, jackfruit, mango, longan 600 trees/ha; Trom and custard apple 800 trees/ha; apple and guava 1,000 trees/ha; dragon fruit 1,110 pillars/ha; orange and mandarin 1,200 trees/ha; banana and grape 2,000 trees/ha; papaya 2,500 trees/ha; tobacco 20,000 trees/ha; Dinh Lang 40,000 trees/ha. For the same species planted for more than 4 years, compensation is based on the actual quantity without application of the maximum standard density. Third, it amends and supplements Appendix No. 1 and Appendix No. 2 attached to Decision No. 14/2017/QD-UBND. Transitional provisions distinguish the status of the approved compensation, support and resettlement plan. Projects whose plan has not yet been approved by the competent authority shall be adjusted and apply this Decision. Projects whose plan was approved and for which payment was being organized before 1 March 2019 continue to apply the unit prices of Decision No. 14/2017/QD-UBND. For projects whose plan was approved before the effective date, if payment under Decision No. 14/2017/QD-UBND has been made but resettlement land has not been arranged due to fault of the State, the compensation unit price for houses and architectural structures shall be adjusted under this Decision; if payment has not yet been organized due to lack of capital attributable to the State, the entire compensation shall be adjusted and this Decision shall apply. The Chief of the Office of the Provincial People's Committee, Chief Executive Officers of relevant departments and Chairpersons of People's Committees at all levels are responsible for implementation.