Circular No. 14/2009/TT-BTNMT dated October 01, 2009 of the Ministry of Natural Resources and Environment detailing the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease

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Circular No. 14/2009/TT-BTNMT dated October 01, 2009 of the Ministry of Natural Resources and Environment detailing the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease
Issuing body: Ministry of Natural Resources and EnvironmentEffective date:
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Official number:14/2009/TT-BTNMTSigner:Pham Khoi Nguyen
Type:CircularExpiry date:
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Issuing date:01/10/2009Effect status:
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Fields:Land - Housing , Natural Resources - Environment
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THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 14/2009/TT-BTNMT
Hanoi, October 01, 2009
 
CIRCULAR
DETAILING THE COMPENSATION, SUPPORT AND RESETTLEMENT AND ORDER OF AND PROCEDURES FOR LAND RECOVERY, ALLOCATION AND LEASE
THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT
Pursuant to the November 26, 2003 Land Law;
Pursuant to the Government's Decree No. 25/2008/ND-CP of March 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Natural Resources and Environment;
Pursuant to the Government's Decree No. 197/2004/ND-CP of December 3, 2004, on compensation, support and resettlement in case of land recovery by the State;
Pursuant to the Government's Decree No. 17/2006/ND-CP of January 27, 2006, amending and supplementing a number of articles of the decrees guiding the Land Law and Decree No. 187/2004/ND-CP on transformation of state companies into joint-stock companies;
Pursuant to the Government's Decree No. 84/2007/ND-CP of May 25, 2007, additionally providing for the issuance of land use right certificates, land recovery, exercise of land use rights, order of and procedures for compensation, support and resettlement in case of land recovery by the State, and settlement of land-related complaints;
Pursuant to the Government's Decree No. 69/2009/ND-CP of August 13, 2009, additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement;
The Ministry of Natural Resources and Environment details the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular details a number of provisions on the compensation, support and resettlement and order of and procedures for land recovery, allocation and lease under the following decrees:
1. The Government's Decree No. 197/2004/ND-CP of December 3, 2004, on compensation, support and resettlement in case of land recovery by the State (below referred to as Decree No. 197/2004/ND-CP);
2. The Government's Decree No. 17/2006/ND-CP of January 27, 2006, amending and supplementing a number of articles of the decrees guiding the Land Law and Decree No. 187/2004/ND-CP on transformation of state companies into joint-stock companies (below referred to as Decree No. 17/2006/ND-CP);
3. The Government's Decree No. 84/2007/ND-CP of May 25, 2007. additionally providing for the issuance of land use right certificates, land recovery, exercise of land use rights, order of and procedures for compensation, support and resettlement in case of land recovery by the State, and settlement of land-related complaints (below referred to as Decree No. 84/2007/ND-CP);
4. The Government's Decree No. 69/2009/ND-CP of August 13, 2009, additionally providing for land use planning, land prices, land recovery, compensation, support and resettlement (below referred to as Decree No. 69/2009/ND-CP).
Article 2. Subjects of application
1. State management agencies, specialized agencies in charge of natural resources and environment, planning and investment, construction, and finance, and other concerned agencies; and cadastral officers in communes, wards and townships.
2. Domestic organizations, population communities, religious establishments, households and individuals; overseas Vietnamese, and foreign organizations and individuals having land recovered by the State for defense and security purposes, national and public interests or economic development (below collectively referred to as persons having land recovered).
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