Circular No. 37/2014/TT-BTNMT Detailing Compensation, Support and Resettlement upon Land Recovery by the State

Legal basis and status

Circular No. 37/2014/TT-BTNMT was issued by the Ministry of Natural Resources and Environment on 30 June 2014. It rests principally on the Land Law dated 29 November 2013 and Decree No. 47/2014/ND-CP dated 15 May 2014 of The Government on compensation, support and resettlement upon land recovery by the State, upon proposal of the General Department of Land Administration and the Department of Legislation. The Circular takes effect from 13 August 2014 and details the implementation of Decree No. 47/2014/ND-CP.

Scope and subjects of application

Article 1 limits the Circular to detailing a number of contents on compensation, support and resettlement upon land recovery by the State. Article 2 applies it to state management agencies for land and specialised natural resources and environment agencies, the organization tasked with compensation and site clearance, persons subject to land recovery under Article 5 of the Land Law, and other relevant organizations and individuals.

Key detailed rules on compensation and support

Article 3 provides for determination of Remaining land investment cost under Article 3 of Decree No. 47/2014/ND-CP, requiring valuation to be based on unit price and economic-technical norm issued by competent state agencies. Article 4 governs resettlement on the remaining area of a Land parcel with a House when the State recovers land, allowing conversion of agricultural land to residential land for resettlement under Article 6 of Decree No. 47/2014/ND-CP. Article 5 specifies how to determine the agricultural land area for calculation of life stabilization support under Point b, Clause 3, Article 19 of Decree No. 47/2014/ND-CP: the area is determined per land recovery decision of the competent People's Committee without cumulating areas from previous decisions, and is the agricultural land area being used by households and individuals within the Commune, Ward or Township where the recovered land is located at the time of the land recovery decision.

Article 6 addresses compensation and support upon recovery of agricultural land being used by cadres, Civil servants and public employees (in service or retired, on leave due to loss of working capacity, or resigned and receiving allowance) who fall outside the supported subjects in Article 19 of Decree No. 47/2014/ND-CP but are using agricultural land acquired through lawful Transfer of land use rights: in such case they are entitled to Land-related compensation. Article 7 lists the papers to prove payment for land use where land was allocated ultra vires before 1 July 2004 for purposes of Article 11 of Decree No. 47/2014/ND-CP, including receipts, collection vouchers and invoices for payment to obtain land use rights or for compensation under Decision No. 186/HDBT. Article 11 provides for relocation of structures attached to land managed and used by organizations, Residential community and religious establishments upon land recovery, to be decided by the competent People's Committee at the place of recovery. Article 12 deals with organizations whose land is recovered but who are not entitled to Land-related compensation, regarding damage to State-allocated managed property and relocation costs.

Procedures for plans, policy frameworks and site clearance

Article 8 allows separation of the compensation, support and resettlement contents into separate mini-projects for independent implementation under Article 29 of Decree No. 47/2014/ND-CP; the separation is made at the time of consideration and approval or acceptance of the Investment project. Article 9 regulates verification of the Policy Framework on compensation, support and resettlement under Clause 2, Article 17 of Decree No. 47/2014/ND-CP, requiring submission of a request for verification, draft submission report, draft Policy Framework and investment approval decision before submission to the Prime Minister. Article 10 prescribes the principal contents of the compensation, support and resettlement plan prepared, verified and approved by ministries and sectoral agencies having the Investment project under Clause 2, Article 17 of Decree No. 47/2014/ND-CP, including: area of each type of land to be recovered, estimated number of organizations, households and individuals using land in the recovery area, and other contents. Article 13 assigns the Department of Natural Resources and Environment and the Division of Natural Resources and Environment to preside over and coordinate with relevant agencies in conducting tham dinh of the compensation, support and resettlement plan.

Effect and transition

Article 14 contains transitional provisions: for Investment projects that already had a land recovery decision and an approved compensation, support and resettlement plan before the Circular's effective date, continued implementation follows prior approvals. Article 15 fixes the effective date as 13 August 2014. Article 16 assigns implementation responsibilities to Ministries and ministerial-level agencies, Government-attached agencies and provincial and centrally-run City People's Committees.