| THE GOVERNMENT ---------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness -------------- |
| No. 197/2004/ND-CP | Hanoi, December 3, 2004 |
DECREE
ON COMPENSATION, SUPPORT AND RESETTLEMENT WHEN LAND IS RECOVERED BY THE STATE
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 26, 2003 Land Law;
At the proposal of the Finance Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
1. This Decree provides for the compensation, support and resettlement when land is recovered by the State for defense and security purposes, for national interests, public interests and economic development purposes prescribed in Article 36 of the Government’s Decree No. 181/2004/ND-CP of October 29, 2004 on the implementation of the Land Law.
2. For projects using official development assistance (ODA), if the compensation, support and resettlement requests of the donors are different from the provisions of this Decree, before concluding international agreements, the agencies managing the investment projects must report such to the Prime Minister for consideration and decision.
Where the international agreements which Vietnam has signed or acceded to contain provisions different from those of this Decree, the provisions of such international agreements shall apply.
3. Cases not falling within the scope of application of this Decree:
a/ Population communities build or embellish works in service of the communities’ public interests with capital contributed by the people or supported by the State;
b/ Where land recovered by the State does not fall within the scope defined in Clause 1 of this Article.
