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Decision No. 30/2020/QD-UBND Promulgating Regulations on Compensation for Crops when the State Recovers Land in Ben Tre Province

30/2020/QD-UBND

Decision

Issuing Body

Published Date:

August 7, 2020

Active Date:

August 20, 2020

No longer in effect

Current Status:

Expired Date:

N/A

People's Committee of Vĩnh Long Province

People's Committee of Vĩnh Long Province

A flat Mekong Delta province between the Tiền and Hậu rivers; population about 1.0 million (2024). A classic Delta economy of rice, fruit orchards, aquaculture and brick/ceramics. In the 2025 merger it expanded by absorbing the former Bến Tre and Trà Vinh provinces.

Summary

Decision No. 30/2020/QĐ-UBND of the People's Committee of Bến Tre Province, dated 7 August 2020, promulgates the Regulation on compensation for crops and trees when the State recovers land in Bến Tre Province. It is based on the 2015 Law on Organization of Local Government, the 2015 Law on Promulgation of Legal Normative Documents, the 2013 Law on Land, the 2012 Law on Prices, Decree No. 47/2014/NĐ-CP, Decree No. 01/2017/NĐ-CP and Circular No. 37/2014/TT-BTNMT, at the proposal of the Department of Agriculture and Rural Development in Submission No. 2168/TTr-SNN of 6 August 2020. It takes effect from 20 August 2020 and replaces Decision No. 31/2015/QĐ-UBND of 9 November 2015. The Regulation governs planting densities and methods for determining compensation for crop damage payable to land users upon State land recovery, applying to land-administration agencies, compensation and site-clearance organisations, land users under Article 5 of the Law on Land, and other related organisations and individuals. For annual crops, compensation equals the output value of the harvest, computed from the highest yield of the main local crop in the three preceding years and the average price at the time of recovery. For perennial trees, compensation equals the existing value of the orchard at local prices at the time of recovery, excluding land-use-right value: single-harvest species (timber, bamboo, nipa) are compensated by actual tree count multiplied by the average unit price, while fruit trees and coconut are compensated by counts within prescribed densities. Classification rules provide that mono-crop orchards with technical investment are compensated at the prescribed density; orchards with scattered or intercropped plants add their actual damaged numbers; mixed perennial orchards count one main and one secondary crop at 100 percent with remaining species capped at 50 percent of actual numbers; trees exceeding density are paid at no more than 50 percent; and untended mixed gardens receive no more than 70 percent of the average unit price. Maximum densities include coconut 200 trees per hectare (drinking coconut 250), pomelo, longan, mango, jackfruit, mulberry and bòn bon 400, durian and mangosteen 200, rambutan and sapodilla 250, orange and mandarin 1,200, lemon 1,600, calamondin and guava 2,500, avocado 600, sơri, plum and jujube 630, papaya 1,500, with age-based quality classes for each species. Species not listed are handled by district-level appraisal councils and submitted to the provincial People's Committee; elite, rare or 20-year-plus trees may receive up to 1.5 times the average unit price; trees within national-interest route corridors are paid at 100 percent of unit price for all actual trees. Projects with compensation plans approved or being paid before effectiveness continue under the approved plans. Each December the Department of Agriculture and Rural Development, with the Department of Finance, issues the average crop price notice for the following year.

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