Vietnam
The Constitution of the Socialist Republic of Viet Nam confirms the right of citizens to own and protect the ownership of a house. In addition, the government has enacted a number of laws, decrees and regulations that constitute the legal framework for land acquisition, compensation, assistance and resettlement.
45/2013/QH13 dated 29/11/2013 called Land Law - comprehensive land administration law
47/2014/ND-CP dated 15/05/2014 called Decree: Regulations on Compensation, Support and Resettlement upon Land Expropriation by the State Circular on detailed regulations on compensation, support and resettlement upon land expropriation - specifies provisions for compensation and resettlement assistance
37/2014/TT-BTNMT dated 30/06/2014 called Circular on detailed regulations on compensation, support and resettlement upon land expropriation by the State - Guides decree 47 above
44/2014/ND-CP dated 15/05/2014 called Decree: Regulations on Land Prices - specifies methods for land pricing and land price frameworks
43/2014/ND-CP dated 15/05/2014 called Decree Detailing a number of articles of the Land Law - provides guidelines on the implementation of the Land Law
23/2014/TT-BTNMT dated 19/05/2014 called Circular regulating Land Use Right - clarifies ownership rights of land and assets
36/2014/TT-BNTMT dated 30/06/2014 called Certificate (LURC) Circular on land pricing - guides Decree 44
494/NQ-UBTVQH13 dated 18/05/2012 called Resolution - Resolution of the National Assembly Standing Committee implementation of policies and legislation on people with meritorious service records
22/2013/QD-TTg - date not available - Decision - Decision of the Prime minister on supporting people with meritorious services records in housing
22/2014/QD-UBND dated 22/12/2014 called Decision of Ha Giang People’s Committee - On promulgating land unit price in Ha Giang Province (in the period of 2015-2019)
04/2015/QD-UBND dated 4/2/2015 called Decision of Ha Giang People’s Committee - Guides compensation, assistance and resettlement policy when the State recovers land in the province of Ha Giang
2/2011/QH13 dated 11/11/2011 - Complaints Law - Regulates handling of complaints against administrative decisions or acts of state administrative agencies
75/2012/ND-CP dated 3/10/2012 called Decree detailing number of articles of the Law on Complaints - guides Complaint Law 02
Decisions by Ha Giang PPC on land acquisition and resettlement include:
28/2019/QD-UBND dated 20/12/2019 - Decision of the People’s Committee of Ha Giang Prince - Promulgating detailed land price list in Ha Giang province in the period 2020-2024
29/2019QD-UBND dated 20/12/2019 — Decision of the People’s Committee of Ha Giang Province - Promulgating land price adjustment coefficient 2020 in Ha Giang Province
15/2019/QD-UBND dated 26/06/2019 - Decision of the People’s Committee of Ha Giang province - Promulgating specific regulation on compensation, support and resettlement when the State recovers land in Ha Giang province
16/2019/QD-UBND dated 26/06/2019 - Promulgating the level of compensation for damage to houses, other construction structures on land and relocation of graves when the state recovers land in Ha Giang province
1354/QD-UBND dated 10/07/2019 - promulgating the unit price of compensation plant and animal when the state acquired land in Ha Giang province
With the promulgation of the Land Law 2013, including Decree no 47/2014/ND-CP and Decree no43/2014/ND-CP, decree no44/2014/ND-CP the policies and practices of the national Government have become more consistent with ADB’s Policy on Involuntary Resettlement (SPS 2009). However there are still some significant gaps.