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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
11-CP
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Hanoi,
January 24, 1995
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DECREE
STIPULATING DETAILED PROVISIONS FOR THE
IMPLEMENTATION OF THE ORDINANCE ON THE RIGHTS AND OBLIGATIONS OF FOREIGN ORGANIZATIONS
AND INDIVIDUALS RENTING LAND IN VIETNAM
THE GOVERNMENT
Pursuant to the Law on Organization of the Government on the 30th of
September, 1992;
Pursuant to the Land Law on the 14th of July, 1993;
Pursuant to the Law on Foreign Investment in Vietnam on the 29th of December,
1987, and the Laws on Amendment and Supplement to a Number of Articles of the
Law on Foreign Investment in Vietnam on the 30th of June, 1990 and 23rd of
December, 1992;
Proceeding from the Ordinance on the Rights and Obligations of Foreign
Organizations and Individuals Renting Land in Vietnam on the 14th of October,
1994;
At the proposal of the General Director of the General Administration of Land,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree
stipulates the detailed provisions for the implementation of the Ordinance on
the Rights and Obligations of Foreign Organizations and Individuals Renting
Land in Vietnam.
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1. The diplomatic
representations, the consular offices and the other foreign representations
with diplomatic functions;
2. The representations of the
United National organizations in Vietnam, the inter-governmental offices and
organizations, and the representations of inter-governmental organizations;
3. The foreign organizations and
individuals and the overseas Vietnamese who invest in Vietnam in accordance
with the Law on Foreign Investment in Vietnam.
In the event that the Vietnamese
party contributes capital in the form of the value of the land rent to the
foreign-invested joint venture or to the business contract with a foreign
country, the Vietnamese Party will be the Land Renter.
In the event that a Joint
Venture rents the land, the competent representative of the Joint Venture is
the Land Renter.
In the event that a Joint
Venture rents the land, the competent representative of the Joint Venture is
the Land Renter.
Article 3.- The Land Renter shall
comply with the provisions of the Land Law, the Ordinance on the Rights and
Obligations of Foreign Organizations and Individuals Renting Land in Vietnam,
this Decree and the other existing provisions of the Vietnamese law on
management and use of land.
Article 4.- The Land Renters
stipulated in Items 1 and 2 of Article 2 shall proceed from the bilateral
agreements and the principle of reciprocity to sign land rent contracts in
accordance with the provisions of this Decree. The Land Renter is entitled to
the privileges and immunities in accordance with the bilateral or multilateral
agreements that the Socialist Republic of Vietnam and the Land Renter have both
acceded to.
In the absence of such an
international convention, the Vietnamese Government shall decide on each of the
rentals in accordance with the Ordinance.
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Article 6.- The General
Administration of Land shall, in coordination with the concerned ministries and
branches, examine and submit its proposal to the competent State agency
stipulated in Decree No. 191-CP on the 28th of December, 1994 of the
Government, for decision on the land rent,
Chapter II
PROVISIONS ON LAND-RENT CONTRACT
Article 7.- The land-rent
contract is a document signed between the competent Vietnamese State agency and
the Land Renter in accordance with the provisions of Article 8 of this Decree.
Article 8.- Pursuant to the
Decision of the competent State agency, the People's Committees at the
provinces and cities directly under the Central Government shall within 15 days
assign the Provincial Department of Land to sign the contract with the Land
Renter.
Article 9.- The main contents of
the Land-Rent Contract include:
1. Full names, nationalities and
addresses of the competent representatives of the Land Renter and the
Land-Renting Party.
2. The purpose of the land use.
3. The area and current state of
the land for rent.
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5. The length of the rent.
6. The mode and time of rent
payment.
7. The responsibility of the
parties in the implementation of the contract.
8. The effective date of
contract.
Proceeding from the contract
contents, the General Administration of Land shall issue contract forms to be
used uniformly throughout the country for each category of organizations: those
renting land for production and business purposes, and those for non-production
and non-business purposes.
Article 10.- In the event the
Land Renter wishes to renew the land-rent contract, it must apply in writing to
the authority competent in land renting at least six months before the expiry
of the contract. Within three months from the receipt of the application, the
Land-Renting Party shall notify the Land Renter of its decision.
Article 11.- In the event that
the Land Renter is permitted by the Vietnamese Government to change the
contracted Land Renter, the next Land Renter shall have to sign a new
land-renting contract.
Article 12.- On expiry of the
contract, the parties to the contract shall conduct contract liquidation
procedures.
In the event of a delay in the
return of the rented land area, the Land Renter must pay the rent for the
delayed period and compensate for any losses incurred by this delay.
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Chapter III
PROVISIONS ON COLLATERAL IN VALUE OF LAND-USE RIGHT
Article 13.- The Land Renter
stipulated in Item 3 of Article 2 of this Decree may mortgage the value of
property owned by him/her in association with his/her land-use right as
collateral at the Vietnamese Bank to acquire loans for production, in
accordance with the following provisions:
1. The amount of the loan shall
be agreed upon between the Bank and the Mortgaging Party.
2. At the expiry of the loan, if
the Mortgaging Party fails to pay back the loan, the Bank has the right to
request the competent State agency to put on sale the loan-taker's property to
recover the loan principal and interest. The property buyer has the right to
rent the land and is required to use it in accordance with the prescribed
purpose. Or the Bank may take into its possession a volume of shares equivalent
to the loan, and has the right to sell these shares to recover its capital.
3. In the event the Mortgaging
Party is dissolved before the date for the loan payment, the Bank has the right
to request a sale of its property to recover the loan principal and interest,
and the buyer of the property has the right to rent the land and use it in
accordance with the prescribed purpose.
Article 14.- In mortgaging, the
Mortgaging Party and the Vietnamese Bank must sign mortgage contract.
The Vietnamese Bank shall, in
coordination with the General Administration of Land, prepare the form for
mortgage contract.
Article 15.- The Mortgaging Party
must register the mortgage of its land-use right with the Provincial Department
of Land Management. When the mortgage expires, the Mortgaging Party must fill
the procedures to terminate the mortgage.
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PROVISIONS FOR RENTING LAND FOR INVESTMENT IN INFRASTRUCTURE
CONSTRUCTION AND FOR RE-RENTING LAND AT EXPORT-PROCESSING AND INDUSTRIAL ZONES
Article 16.- The renting of land
for investment in infrastructure construction and for re-renting land shall be
conducted according the following provisions:
1. The Land Renter which rents
land for infrastructure construction must obtain a license for investment in
infrastructural construction from the State Committee for Cooperation and
Investment.
2. The land to be rented for
infrastructure construction must be located within the export-processing or
industrial zone which has been marked off by the competent State agency.
3. The Prime Minister shall
decide on the renting of land for infrastructure construction.
4. The investor is held
responsible for the quality of the infrastructure projects during their use
period.
Article 17.- The organizations
and individuals that have the need to re-rent land with built-in infrastructure,
must had in the following documents:
1. An application for land
re-renting.
2. A feasibility plan or
investment project.
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Article 18.- The re-renting of
land within the export-processing or industrial zone shall be effected through
a contract for land re-renting signed between the Land Re-Renter and the
Re-Renting Party.
The Re-Renting Contract shall
clearly provide for the renting period and the provisions related to both
parties and shall be registered with the Provincial Department of Land
Administration.
The General Administration of
Land shall provide the form of the contract for land re-renting.
Article 19.- The Land Re-Renter
must use the re-rented land according to the prescribed purpose and must not
transfer, assign or re-rent it.
Article 20.- Foreign
organizations and individuals that invest in Vietnam to build infrastructure at
export-processing and industrial zones shall, in re-renting their rented land,
pay taxes in accordance with the provisions of Vietnamese law.
Chapter V
IMPLEMENTATION PROVISIONS
Article 21.- This Decree takes
effect from the 1st of January, 1995.
Article 22.- The Minister for
Foreign Affairs, the Minister-Chairman of the State Committee for Cooperation
and Investment, the Minister of Finance, the Minister of Construction, the
Governor of the State Bank of Vietnam and the General Director of the General
Administration of Land shall, within their vested functions and powers, have
the responsibility to provide guidance for the implementation of this Decree.
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Article 23.- This Decree shall
also apply to overseas Vietnamese who invest in Vietnam, the foreign-invested
joint-venture enterprises, the Vietnamese parties which contribute capital in
the form of the value of their land-use right, and the joint ventures with
foreign countries which rent land in Vietnam.
Article 24.- The Ministers, the
Heads of the agencies at ministerial level, the Heads of the agencies attached
to the Government, the Presidents of the People's Committees in provinces and
cities directly under the Central Government, and the Heads of the said
land-using organizations are responsible for implementing this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet