Real Estate

Govt mulls Fairer Compensation Policy for People affected by Development Projects

Date: 02 January 2018; Type: Legal News; Source: Vientiane Times

Property owners will receive fairer and more prompt compensation when they lose their land or buildings to make way for a development scheme, once a newly-drafted law is passed and promulgated, a policy developer has said.

A draft law on the stabilisation of livelihoods stipulates conditions to ensure that people who have to give up their property in these circumstances will enjoy better living conditions than previously, a member of the law drafting committee of the Ministry of Agriculture and Forestry, Mr Voravouth Sinthavong, said yesterday.

People who suffer losses will not only be fully compensated but also offered permanent income-earning jobs in the area they relocate to.

“The draft law also stipulates that the relevant sectors are obliged to help people adapt to their new village during the transition period,” he told Vientiane Times.

The law was debated in the government’s cabinet meeting for December and is scheduled to be submitted to the National Assembly’s ordinary session for debate and approval in April.

Currently, compensation for property affected by a development project is made in line with Prime Minister’s Decree No. 84. This stipulates that the compensation awarded must ensure that people are provided with better or similar living conditions compared to their circumstances prior to relocation.

The new law is seen as being more comprehensive as it also attaches great importance to providing permanent jobs to those affected, along with defining a timeframe for the payment of compensation.

Under the draft law, the project developer is obliged to provide basic infrastructure in a new village to ensure the newcomers’ living conditions are acceptable, in line with the stabilisation of livelihoods plan adopted by the government.

The developer is also obliged to help the newcomers during the transition period, including providing food, daily essentials, and the equipment needed for people to make a living.

Meanwhile, the relevant government bodies are responsible for training and passing on income-generating knowhow to villagers, including crop cultivation, animal husbandry, fisheries and service provision among others.

Under Article 22 of the draft law, compensation for the loss of property must be completed within 24 months after the stabilisation of livelihoods plan is adopted by the government.

However, the compensation period can be extended for another 12 months upon approval by the stabilisation of livelihoods committee.

If a project developer fails to take action to compensate people within 12 months after the plan is adopted, the committee will revise the compensation unit price in line with market prices so that property owners are not taken advantage of.

Previous experience suggests that some investors paid compensation several years after they were granted permission to carry out a project, leaving local people disadvantaged.

The compensation policy under the draft law offers people the option of moving to a new village as arranged by the project developer in collaboration with the government, or being given compensation in cash.

Once the law is promulgated, it will be the frame of reference for uniform implementation of the stabilisation of livelihoods.

The law also stipulates conditions and policy for the stabilisation of livelihoods for those living in rural hardship communities, offering options for them to move and live in new communities with better infrastructure and facilities.

Notice: The Publishers of Asean LIP acknowledge the permission granted by the relevant official/ original source for the reproduction of the above/ attached materials. You shall not reproduce the above/ attached materials in whole or in part without the prior written consent of the Publishers and/or the original/ official source. Neither the Publishers nor the official/ original source will be liable for any loss, injury, claim, liability, or damage caused directly, indirectly or incidentally to errors in or omissions from the above/ attached materials. The Publishers and the official/ original source also disclaim and exclude all liabilities in respect of anything done or omitted to be done in reliance upon the whole or any part of the above/attached materials. The access to, and the use of, Asean LIP and contents herein are subject to the Terms of Use.

Get ASEAN LAW ALERT

Legal updates by e-mail. It's Free.

INDUSTRY UPDATES

No Freeze in Intake of Foreign Workers - Ministry

KUALA LUMPUR, May 18 (Bernama) - The Human Resources Ministry has clarified that there is no freeze in the recruitment of foreign workers although many applications to bring in workers have been rejected for non-compliance with the law.

Read More

INDUSTRY UPDATES

Actions against those who tarnish Judiciary's Image, Dignity, says CJ

PUTRAJAYA, May 17 (Bernama) - Actions will be taken against those who tarnish the judiciary's image and dignity, says Chief Justice Datuk Tengku Maimun Tuan Mat.

Read More

INDUSTRY UPDATES

Right Decisions only Way for Judiciary to recover Glory - Attorney General

PUTRAJAYA, May 17 (Bernama) - Attorney-General Tommy Thomas says judges must always endeavour to make the right decisions, without fear or favour, and regardless of the personality of the party or the accused before them.

Read More

INDUSTRY UPDATES

Transport Ministry makes it More Flexible for e-hailing Drivers to obtain PSV Licence

KUALA LUMPUR, May 17 (Bernama) - The Ministry of Transport is willing to make it easier for e-hailing drivers to clock in the six hours of course time to obtain a Public Transport Vehicle (PSV) licence.

Read More

INDUSTRY UPDATES

RM1.56 Mln Fine on Poachers, highest so far for Wildlife Crimes

PUTRAJAYA, May 17 (Bernama) - The Kuala Terengganu Sessions Court's decision to fine RM1.56 million each on two Vietnamese poachers has been the highest amount so far for wildlife crimes in the country's history, said Water, Land and Natural Resources Minister Dr Xavier Jayakumar.

Read More

INDUSTRY UPDATES

Delegation of Lawmakers visit Netherlands

Hanoi, May 15 (VNA) - A delegation of the National Assembly’s Committee on Laws led by the committee’s vice chairman Pham Tri Thuc has just paid a working visit to the Netherlands.

Read More

INDUSTRY UPDATES

Adib Inquest: Lawyer grills Forensics Expert on 'Probability Report'

SHAH ALAM, May 16 (Bernama) - A lawyer questioned the ‘probability report’ of a specialist medical witness in the inquest into the death of Muhammad Adib Mohd Kassim, that injuries to the right chest of the firefighter were caused by a curb or road shoulder.

Read More

INDUSTRY UPDATES

Telecom Regulator proposes Online Sim Card Registration

The Lao Telecommunication Regulatory Authority is developing an application for use as a possible option to speed up sim card registration.

Read More

INDUSTRY UPDATES

Government agrees to appoint a Youth to represent them in the Senate

BANGI, May 15 (Bernama) - Prime Minister Tun Dr Mahathir Mohamad announced that the government has agreed to appoint a member of the Senate from among the youths with wide expertise and knowledge in the field and issues on the development of youths.

Read More

INDUSTRY UPDATES

MoF sets up Debt Management Office

KUALA LUMPUR, May 15 (Bernama) - The Ministry of Finance has set up the Debt Management Office (DMO) to review and manage the government’s debt and liabilities.

Read More

INDUSTRY UPDATES

Additional Appellate Court would be a timely upgrade

In order to curb the increased caseload on the Court of Appeal, a new appellate court may be introduced by the Government to support it, a move that may end up in restructuring of Supreme Court.

Read More

INDUSTRY UPDATES

RoK helps Vietnam accelerate Judicial Reform

Hanoi, Apr 26 (VNA) - The Supreme People’s Court and the Korea International Cooperation Agency (KOICA) launched a project on improving trial transparency and quality at Vietnamese courts during a ceremony in Hanoi on April 26.

Read More

INDUSTRY UPDATES

DOLE announces 29 Job Fir Venues Nationwide on Labor Day

MANILA, Apr 29 (PNA) - The Department of Labor and Employment (DOLE) is inviting job seekers to a nationwide job fair on May 1.

Read More

INDUSTRY UPDATES

Universities, Industry Players to join forces for IR 4.0

GEORGE TOWN, Apr 29 (Bernama) - The joint forces of the brains in the universities and the capacity and capabilities of key industries will make a change for a better world through the Fourth Industrial Revolution (IR 4.0), said Universiti Sains Malaysia (USM) vice-chancellor Prof Dr Asma Ismail.

Read More

INDUSTRY UPDATES

BNM appoints Two External Members to Monetary Policy Committee

KUALA LUMPUR, Apr 29 (Bernama) - Bank Negara Malaysia (BNM) has reappointed Professor Dr Yeah Kim Leng and appointed Datuk Dr Gan Wee Beng as external members of its Monetary Policy Committee (MPC) effective April 1, 2019.

Read More