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New Proposal for Compensation and Resettlement When Land is Reclaimed

New Proposal for Compensation and Resettlement When Land is Reclaimed

The Ministry of Agriculture and Rural Development has completed a new draft of the Land Law, which outlines the compensation and support mechanisms for individuals affected when the state reclaims land. According to the draft, compensation will primarily involve providing land that serves the same purpose as the reclaimed land. In cases where equivalent land is unavailable, monetary compensation will be offered.

Article 41 of the draft emphasizes that the process of compensation, support, and resettlement must be conducted democratically, objectively, fairly, and transparently, adhering to legal regulations while also considering social policy beneficiaries and those directly engaged in agricultural production.

The draft also stipulates that if local authorities have sufficient land and housing resources and the affected individuals express a need, they may be compensated with land for different purposes or housing. If individuals prefer monetary compensation instead of land or housing, they will be entitled to receive cash.

Additionally, property owners who suffer damage due to land reclamation will be compensated for their losses. Business owners who must halt operations due to land reclamation will also be considered for support. The government has a responsibility to assist those affected by land reclamation, ensuring they have job opportunities, stable incomes, and a secure living environment.

The draft law further proposes that resettlement areas must meet specific infrastructure and social service standards, aligning with the approved detailed planning and respecting the cultural traditions and customs of the local community.

Support measures when the state reclaims land include assistance for stabilizing living conditions, relocating livestock, vocational training, job searching, and resettlement. Local governments are tasked with organizing and implementing resettlement projects according to legal requirements, ensuring that resettlement areas are equipped with necessary infrastructure such as transportation, lighting, sanitation, and communication systems.

Moreover, the social infrastructure in these areas must provide access to healthcare, education, culture, sports, commerce, and recreational services, tailored to the local conditions and customs.

The draft proposes that individuals whose residential land is reclaimed for urban development projects should be compensated with equivalent residential land or housing on-site. While waiting for their new housing arrangements, they will be provided temporary housing or financial assistance for rent.

The revised Land Law is expected to be presented to the National Assembly for consideration during its second session in October.

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