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Decision No. 09/2022/QD-UBND Amending Provisions of Decision No. 14/2017/QD-UBND on Compensation Principles and Rates for Property Damage Due to State Land Recovery for Construction in Binh Thuan Province

09/2022/QD-UBND

Decision

Issuing Body

Published Date:

March 18, 2022

Active Date:

April 1, 2022

No longer in effect

Current Status:

Expired Date:

N/A

People's Committee of Lâm Đồng Province

People's Committee of Lâm Đồng Province

A Central Highlands province centred on the temperate plateau city of Đà Lạt; population about 1.4 million (2024). Its highland climate supports coffee, tea, flowers and temperate vegetables alongside major tourism. In the 2025 merger it expanded greatly by absorbing the former Đắk Nông and Bình Thuận provinces, becoming Vietnam's largest province by area.

Summary

Decision No. 09/2022/QD-UBND of the People's Committee of Binh Thuan Province amends and supplements the Regulation issued with Decision No. 14/2017/QD-UBND of 4 May 2017 on principles and unit prices for compensation for damage to property when the State recovers land to build works in Binh Thuan Province. Issued on the proposal of the Director of the Department of Finance (Submission No. 23/TTr-STC of 10 January 2022) and based on Decree No. 47/2014/ND-CP and Circulars No. 37/2014/TT-BTNMT and No. 33/2017/TT-BTNMT, it takes effect on 1 April 2022, repeals Decision No. 10/2021/QD-UBND of 7 April 2021 and abolishes Article 3 of the 2017 Regulation. The amended Article 2 provides that house and structure compensation follows Annex 1, with prices in Phu Quy island district increased 1.5 times; houses with reinforced-concrete flat roofs or Thai, Japanese or French style roofs receive an additional amount equal to 10 per cent of the roof-storey floor area multiplied by the same-class unit price. Households keep salvageable materials and receive full compensation; non-state organisations and enterprises are compensated after deduction of a recovery value of 10 per cent, applied only where structures are cleared entirely; state-managed buildings are compensated with liquidation proceeds remitted to the budget. Graves buried within 36 months receive an additional 5,000,000 VND per grave beyond schedule rates. The Decision restates house classification: grade 2 (three to five storeys, at least two reinforced-concrete floors, 50-100-year service life, sub-grades 2A-2B), grade 3 (maximum two storeys, 20-50 years, sub-grades 3A-3C) and grade 4 (under 20 years, sub-grades 4A-4C), and distinguishes hand-drilled wells (diameter under 200 mm, depth 10-20 m) from machine-drilled wells (over 20 m deep, diameters up to more than 500 mm). For crops, harvest-stage perennial fruit trees are grade A; near-harvest trees receive 80 per cent, newly planted trees 20 per cent and aged trees 30 per cent of the grade-A value. Timber, shade and ornamental trees receive 80 per cent (over four years), 50 per cent (two to four years) or 20 per cent (under two years); acacia and eucalyptus reach grade A at five years. Annual crops receive 100, 80 or 50 per cent depending on growth stage, and movable potted plants receive relocation support only. Maximum density caps apply to trees up to four years old, including hybrid acacia and eucalyptus 3,333 trees/ha, rubber 555/ha, durian and mangosteen 200/ha, dragon fruit 1,110 posts/ha, cassia 1,200/ha, tobacco 20,000/ha and dinh lang 40,000/ha; trees older than four years are compensated on actual counts. Transitional rules keep previously approved and paid schemes under the former prices, while projects not yet approved, not yet paid for lack of funds, or lacking allocated resettlement land are adjusted to the new Decision.

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