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

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English

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LEX-FAOC050330

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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.

Implemented by: 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. (2004-12-07)
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. (2009-10-01)
Implements: Order No. 23/2003/L-CTN on the promulgation of Land Law No.13/2003/QH11. (2003-12-10)
Implements: Decree No. 181/2004/ND-CP on the implementation of the Land Law. (2004-10-29)
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. (2006-01-27)
Amended by: 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. (2007-05-25)
Amended by: Decree No. 88/2009/ND-CP on grant of certificates of land use rights and house and land-attached asset ownership. (2009-10-19)
Amended by: Decree No. 69/2009/ND-CP additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement. (2009-08-13)
Repealed by: Decree No. 47/2014/ND-CP on compensation, support and resettlement upon land recovery by the State. (2014-05-15)