PEOPLE’S COMMITTEE OF HANOI

Decision No. 02/2013/QD-UBND dated January 07, 2013 of the People’s Committee of Hanoi amending and supplementing some Articles of the Regulation issued with the Decision No. 108/2009/QD-UBND dated September 29, 2009 of  the People’s Committee of Hanoi on compensation, support and settlement when land is recovered by the State in Hanoi
Pursuant to the Law on Organization of People's Councils and People's Committees dated November 26, 2003;
Pursuant to the Land Law dated November 26, 2003;
Pursuant to the Decrees of the Government: No. 181/2004/ND-CP dated 29/10/2004 on the implementation of the Land Law of 2003; No. 197/2004/ND-CP dated 03/12/2004 on compensation, support and resettlement when land is recovered by the State; No. 17/2006/ND-CP dated 27/01/2006 amending and supplementing a number of Articles of the Decrees guiding the implementation of the Land Law; No. 84/2007/ND-CP of May 25, 2007 with additional provisions on issuance of land use right certificates; on land recovery; on exercise of land use rights; on order and procedures for compensation, support and resettlement when the State recovers land; and on resolution of complaints about land; No. 69/2009/ND-CP dated 13/8/2009 additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement;
At the proposal of the inter-disciplines: City Clearance Steering Committees, the Department of Finance, Department of Natural Resources and Environment, Department of Construction, Hanoi Tax Department and the Department of Justice,
DECIDES:
Article 1. To amend and supplement a number of Articles of the Regulation issued together with the Decision No. 108/2009/QD-UBND dated 29/9/2009 of the People’s Committees of Hanoi on compensation, support and resettlement when the State recovers land in ​​Hanoi as follows:
1) To amend and supplement Article 12 as follows:
"Article 12. Price using as a basis for compensation, support of land (as specified in Clause 2, Article 9 of Decree No. 197/2004/ND-CP; Article 11 of Decree No. 69/2009/ND-CP)
1. Land price for calculation of compensation, support is the land price regulated and announced by the People’s committees of the City according to land use purposes; compensation shall not be made according to the price of land set for the new purpose to be shifted to.
2. Land prices using as a basis for compensation, support and resettlement.
Where land prices which are set by People’s committees of the City after the time of recovery announcement and they are not close to actual market prices of land-use right transfer under normal conditions, the district-level People's Committee shall assign the investors who are responsible for the compensation, support and resettlement to hire consulting organization with evaluation function in accordance with the regulation of Ministry of Finance to determine the price of land as a basis for compensation, support and resettlement, and make evaluation certificates to send to district-level People's Committee for considering, proposing, reporting to the Department of Finance for inspection and submission to the City People's Committee for decision.
The cost of hiring consulting organization for re-evaluating the price of land in accordance with this regulation shall be included in the cost of supporting the compensation, support and resettlement of the project.
3. The adjustment of land prices as a basis for calculating compensation, land recovery support (if any) after having a decision to approve the plan of compensation, support and resettlement of the competent authority shall be handled as follows:
a) In case the compensation, support and resettlement already have done, the land prices adjustment shall not be applied;
b) In case of delayed payments of compensation, support and resettlement and the land price changes, district-level People's Committees shall organize inspection to clarify the causes and responsibilities for handling under the provisions of Clause 2, Article 9 of the Decree No. 197/2004/ND-CP of December 03, 2004 of the Government.
b1. If delay in payment is caused by the fault of the State agencies and the price of land at the time of actual payment is higher rates applied, then the plan of compensation, support and resettlement shall be adjusted according to the price at the actual time of payment;
b2. If delay in payment of compensation, support is caused by the persons who have recovered land and at the time of receiving compensation, support, the land price is higher than the price approved at the plan of compensation, support and resettlement, then the compensation, support and resettlement plan shall not be modified according to the adjusted price;
c) During the period of petitions and complaints related to compensation, support and resettlement and during the period of inspection, conclusion by the functional agency, the land users, users of properties on land still have to implement the plan of compensation, support and resettlement, move and handover of ground to the investor in accordance with the regulations. If the land users, users of properties on land do not implement the publicized and approved plan of compensation, support and resettlement, and do not move, hand over, the late payment shall not be considered as the fault of State agencies.