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Decree No. 197/2004/ND-CP on compensation, support and resettlement when land is recovered by the State.

Country/Territory
Viet Nam
Document type
Regulation
Date
2004
Source
FAO, FAOLEX
Original source
Công Báo No. 08, 8 December 2004, pp. 4-24.
Subject
Land & soil
Keyword
Land tenure Expropriation Land valuation Subsidy/incentive
Geographical area
Asia, East Asian Seas, South-Eastern Asia
Entry into force notes
The Decree enters into force 15 days after its publication in the Official Gazette.
Abstract

The Decree consists of 51 articles divided into 7 Chapters. It provides for the compensation, support and resettlement when land is recovered by the State for defence and security purposes, for national interests, public interests and economic development purposes. The Decree provides for compensation for different types of land use (agricultural land, residential land, etc.) and defines the cases in which land is recovered without compensation. It also provides for compensation for property (this includes also churches, historical relics, pagodas, cultivated plants and reared animals, etc.). The Decree prescribes relocation support and resettlement arrangements. International agreements which Viet Nam has signed will apply even if the provisions contained are different from those of this Decree.

Full text
English

References - Legislation

Implements

Order No. 23/2003/L-CTN on the promulgation of Land Law No.13/2003/QH11.

Legislation | Viet Nam | 2003

Keyword: Basic legislation, Land tenure, Right of use, Lease, Survey/mapping, Land valuation, Expropriation, Cadastre/land registration, Dispute settlement, Land-use planning, Classification/declassification, Agricultural land, Use restrictions, Subdivision of land, Tax/levy, Registration, Urban land, Foreign land tenure, Transfer, Inspection, Offences/penalties, Traditional rights/customary rights

Source: FAO, FAOLEX

Decree No. 181/2004/ND-CP on the implementation of the Land Law.

Legislation | Viet Nam | 2004

Keyword: Land tenure, Expropriation, Right of use, Public land, Agricultural land, Abandoned land/unoccupied land, Land valuation, Lease, Cadastre/land registration, Survey/mapping, Land-use planning, Tax/levy, Dispute settlement, Court/tribunal, Offences/penalties

Source: FAO, FAOLEX

Implemented by

Circular No. 14/2009/TT-BTNMT detailing the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease.

Legislation | Viet Nam | 2009

Keyword: Land tenure, Expropriation, Land valuation, Subsidy/incentive, Soil rehabilitation

Source: FAO, FAOLEX

Circular No. 116/2004/TT-BTC guiding the implementation of the Government's Decree No. 197/2004/ND-CP on compensation, support and resettlement when land is recovered by the State.

Legislation | Viet Nam | 2004

Keyword: Land tenure, Expropriation, Land valuation, Subsidy/incentive

Source: FAO, FAOLEX

Amended by

Decree No. 17/2006/ND-CP amending and supplementing a number of articles of the Decrees guiding the implementation of the Land Law and Decree No. 187/2004/ND-CP on transformation of state companies into joint-stock companies.

Legislation | Viet Nam | 2006

Keyword: Land tenure, Lease, Tax/levy, Land-use planning

Source: FAO, FAOLEX

Decree No. 84/2007/ND-CP additionally stipulating the grant of land use right certificates, recovery of land, exercise of land use rights, order and procedures for compensation, support and resettlement upon land recovery by the State, and settlement of land related complaints.

Legislation | Viet Nam | 2007

Keyword: Land tenure, Certification, Liability/compensation, Ownership, Right of use

Source: FAO, FAOLEX

Decree No. 88/2009/ND-CP on grant of certificates of land use rights and house and land-attached asset ownership.

Legislation | Viet Nam | 2009

Keyword: Land tenure, Right of use, Certification

Source: FAO, FAOLEX

Decree No. 69/2009/ND-CP additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement.

Legislation | Viet Nam | 2009

Keyword: Protection forest, Forest management/forest conservation, Land tenure, Land-use planning, Lease, Public land, Right of use, Urban land, Agricultural land, Certification

Source: FAO, FAOLEX

Repealed by

Decree No. 47/2014/ND-CP on compensation, support and resettlement upon land recovery by the State.

Legislation | Viet Nam | 2014

Keyword: Land tenure, Expropriation, Land valuation, Subsidy/incentive

Source: FAO, FAOLEX