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Question:
“Dear Lawyers at Dragon Law Firm. My family now consists of my husband, my parents, my wife and brother’s family living in plot of 60m2 in the name of my husband's father. As I know, in the coming time, the district People’s Committee will confiscate land including my family land to build schools. May I ask Lawyers how compensation of my land would be conduct? Does my family enjoy 02 resettlement parts?
Answer:
Dear, thank you for your trust in the land legal consultation services of Dragon Law. Based on the information you provide, we would like to respond as follows:
Under Article 6 of Decree No. 47/2014 on land compensation:
Compensation for land upon expropriation of inhabited land by the State
Compensation for land upon expropriation as defined in Article 79 of the Law on Land shall be done as follows:
1. Households and individuals, overseas Vietnamese who are owning inhabited land, land - linked houses in Vietnam, have Certificate of land use right or are eligible for issuance of Certificates of land use right, ownership of land-linked houses and properties according to the Law on Land, the compensation for land shall be done as follows:
a) In case all of inhabited land is expropriated or the remaining area of inhabited land after expropriation is ineligible for residence according to the regulations prescribed by the province-level People’s committee and such owners have no other land or houses elsewhere for residence, the compensation in the form of land or resettlement housing shall be made to them.
b) In case all of inhabited land is expropriated or the remaining area of inhabited land after expropriation is ineligible for residence according to the regulations prescribed by the province-level People’s committee and such owners have no other land or houses elsewhere for residence, the compensation in money shall be made to them. For localities that have land fund, compensation in the form of land shall be considered.
Thus, you are assured that your family will be compensated as stipulated regulation.
For your family can get compensation of 02 resettlement parts or not, Dragon Law Firm suggest you to consider in the Clause 2, Article 6 of Decree No. 47/2014 on land compensation:
In case one household of multiple families residing in the same parcel of land subject to expropriation or multiple households co-owning the same parcel of land subject to expropriation and if such land is eligible for division into separate families according to the provisions of the Law on Residence, the province-level People’s committee shall rely on land fund, resettlement housing and actual circumstances in the locality to decide grant of land, resettlement housing to individual households.
Then, you shall provide the conditions for separating each household with the competent authority which is the provincial People's Committee and based on the local situation, the People's Committee shall decide the level of accommodation, house resettlement for each household.
Best Regards,
For more information, please contact Dragon Law to be supported:
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