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Thứ 5, Ngày 16/02/2023, 08:00
Provincial People's Committee approves draft regulations in the field of land
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16/02/2023

PORTAL - On the afternoon of February 15, at the Administration Center of Binh Duong province, Mr. Vo Van Minh - Deputy Secretary of the Provincial Party Committee, Chairman of the Provincial People's Committee (PPC) chaired the 28th meeting of the PPC.​

​Attending were Mr. Mai Hung Dung - Member of Provincial Standing Party Committee, Permanent Vice Chairman of PPC; Mr. Nguyen Van Danh - Vice Chairman of the PPC and the PPC members; leaders of departments, branches, districts, towns and cities.

The meeting approved the draft Proposals to promulgate a draft regulation on compensation and support unit prices for assets on land when the State recovers land in Binh Duong province. Accordingly, the regulations are applicable to land users specified in Article 5 of the Land Law 2013 when the State recovers land; State management agencies in charge of land; organizations in charge of compensation and site clearance and other units related to the compensation and site clearance.

Principles of compensation and support: When the State recovers land, the owner of lawful assets attached to the land suffers asset damage, he/she shall be compensated. Compensation or support is only for assets existing on the recovered land before the date on which the notice of land recovery from the competent People's Committee is publicly posted at the headquarters of the commune-level People's Committee, the common place of the residential area where the recovered land is located; at the same time having been counted by the authorities. No compensation or support for assets built, planted or raised by the person whose land is recovered after the date of the notice of land recovery from the competent People's Committee.

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Overview of the meeting

Existing value of damaged houses and works is determined by the formula: Tgt=G1-( G1/T)xT1

In which, Tgt: Existing value of damaged houses and works; G1: New construction value of damaged houses or works with equivalent technical standards promulgated by specialized management ministries; T: Depreciation period applicable to damaged houses and works; T1: Time that the damaged house or structure has been used.

Time of use (T1) is based on the time of issuing a construction permit or self-declaration by people with certification of the commune People's Committee, etc.

According to the Proposal of the Department of Finance, in the past time, the implementation of the unit price for compensation and property support when the State recovers land has encountered difficulties and obstacles in regulations, at the same time, the price of construction materials and labor costs are higher than at the time of building Decision No. 38/2019/QD-UBND dated December 20, 2019 of the PPC promulgating the Regulations on unit prices for compensation and property support when the State recovers land in Binh Duong province, so the unit prices in the Decision are no longer appropriate, affecting the interests of people whose land is recovered. There are assets, plants, and structures that often arise during the implementation process but have not been mentioned in Decision 38/2019/QD-UBND. Therefore, the formulation of a Decision to issue a unit price for compensation and asset support when the State recovers land in Binh Duong province, replacing Decision 38/2019/QD-UBND, is necessary and in accordance with current regulations.

The meeting also approved the draft Proposals: Approving the construction planning tasks of Bac Tan Uyen district, Binh Duong province to 2040; Land use plans in 2023 of districts, towns and cities; regulations on compensation, support and resettlement when the State recovers land in Binh Duong province; conditions for separation of land plots, conditions for consolidation of land plots and minimum area for plot separation for each type of land in the province; approving the land unit price for compensation for upgrading the remaining roads in the district's Cultural and Sports Center area in Dinh Thanh commune and Dau Tieng town, Dau Tieng district; approving the land unit price to collect land use fees in the resettlement area of Quarter 9 to carry out the additional construction of An Long Primary School; approving the land unit price for compensation for implementing the project of building a new headquarters of the Military Command of Thuong Tan commune, Bac Tan Uyen district; report on difficulties and problems in the process of construction and land price appraisal in the province; no collection of fees for granting mineral mining rights according to the provisions of the Law on Minerals No. 60/2010 QH12 for the mining output from July 01, 2011 to the end of December 31, 2013 of mines in Binh province; approving the list of enterprises eligible to reduce their contribution to the Disaster Management Fund in 2021 due to the impact of the Covid-19 pandemic; results of consultation and settlement of recommendations of the Department of Labor, War Invalids and Social Affairs, the PPC Office on payment of bidding packages related to the care of trees and ornamental plants.

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The PPC Chairman Vo Van Minh concludes the meeting

Speaking at the conclusion of the meeting, Mr. Vo Van Minh highly appreciated the drafting and basically agreed with the contents of the draft Proposals. In the spirit of the contributions of the delegates, the PPC Chairman suggested that the departments and branches absorb, synthesize, and complete the document and submit it to the PPC Standing Committee for approval as soon as possible.

Reported by Yen Nhi- Translated by Thanh Tam

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