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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
88-CP
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Hanoi,
August 17, 1994
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DECREE
ON MANAGEMENT AND UTILIZATION OR URBAN LAND
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;
At the proposals of the Minister of Construction and the General Director of
the General Administration of Land.
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Urban land is the land in inner cities and inter towns and townships as
stipulated in Article 55 of the land Law.
The land on the outskirts of
cities and towns which has been designated for urban development by the
competent State authority is also considered urban land.
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1. Land for public service.
2. Land for national defense and
security purposes.
3. Land for housing.
4. Land for special use.
5. Land for agriculture and
forestry.
6. Unused land.
Article 3.-
Land for public service is composed of:
1. The land assigned by the
State to organizations for use on the basis of the programs and plans already
approved by the competent State authority and in line with the concrete
functions and tasks of those organizations.
Any change in the purported use
of the land plot or any assignment of its use right must be decided by the
competent State authority which has assigned the land plot.
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3. The organizations which are
assigned to use land in this category are not required to pay land-use fees and
taxes.
Article 4.-
The management and use of land for national defense and security shall comply
with a separate Government decree on the land for national defense and
security, and with the provisions of this Decree on planning, architecture and
protection of landscape and environment.
Article 5.-
The management and use of land for housing must comply with Decree No.60-CP on
the 5th of July 1994 of the Government on the rights to house ownership and to
use housing land in urban areas.
Article 6.-
The management and use of land for special use in urban areas shall comply with
a separate Government decree and the following provisions:
1. The State shall consider
assigning land to organizations, households and individuals for long-term use
on the basis of the already approved urban plans and the actual practice in
land use in the localities.
2. The person assigned with land
must register it with the land administration and implement all provisions of
law and obligations to the State for his/her assigned land plot.
3. With regard to land of
special use for business purpose, the State shall, depending on the nature of
the business as well as the land-using process, determine the financial
obligations of the persons assigned with land in a decree on land of special
use.
Article 7.-
The management and use of agricultural and forest land in urban area shall
comply with Decree No.64-CP on the 27th of September, 1993, and Decree No.2-CP
on the 15th of January, 1994. The organizations and individuals that use land
for agriculture and forestry in urban areas shall comply with the provisions on
environmental protection and urban sanitation, urban landscape, and the other
provisions on urban management.
The area, boundary and use
period of agricultural and forest land in urban areas must be defined in the
approved urban plans.
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Article 9.-
The presidents of People's Committees in the provinces and cities directly
under the Central Government, and the presidents of the People's Committees in
urban areas are responsible for managing the unused lands in their urban
localities.
The use and exploitation of the
unused lands must be decided by the competent State authority in accordance
with the provisions of the Land Law.
Chapter II
STATE MANAGEMENT OF
URBAN LAND
Article
10.- The contents of management and use of urban land consist of the
following:
1. To conduct investigations,
surveys, measuring and drawing of administrative land maps and to set prices
for urban land of different classes.
2. To make plans for urban
development and use of urban land.
3. To assign and rent urban
land.
4. To recover land for urban
development.
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6. To register and issue
licenses for the right to use urban land.
7. To process files for
assignment of the right to use urban land.
8. To inspect and settle
disputes, complaints and denunciations, and handle acts of violation of urban
land.
Article
11.- The Government exercises unified State management over urban land
throughout the country.
The People's Committees at all
levels shall exercise State management over urban land in their localities
according to their jurisdiction stipulated in the Land Law.
The land administrations at the
central and local levels are responsible before the Government and the People's
Committees at corresponding levels in the management of urban land.
The agencies in charge of the
management of urban development at the central and local levels are responsible
before the Government and the People's Committees at corresponding levels in
the planning for construction on and use of urban land.
Article
12.- The management and use of urban land shall comply with the plans for
urban development and use of land already approved by the competent State
authority, with this Decree and other related legal documents.
Article
13.- Plans for urban development include the master and detailed plans set
and approved in accordance with the provisions for management of urban
planning.
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The content of the plan for use
of urban land is composed of:
1. To determine the demand for
urban land, mark off land areas, and plan the use of each land category for
each period, along with conditions for the use of land.
2. To adjust the plan for use of
urban land to make it suitable with the reality of transformation, construction
and the whole process of urban development.
Article
15.-
1. The
authority to approve and adjust plans for use of urban land is provided for in
Article 18 of the Land Law.
2. The People's Committees at
all levels shall, within their vested powers and responsibility, direct the
specialized agencies to measure land, set land prices, assign and rent land,
recover land, clear land sites and develop infrastructure in service of urban
transformation and construction according to the approved programs and plans
for use of urban land.
3. The Chief Architect or the
Construction Office (in urban area where there is no Chief Architect) has the
task of recommending sites for construction and issuing registration
certificates for investment projects in accordance with the provisions on
management of urban development.
Chapter
III
ASSIGNMENT AND RENTING
OF URBAN LAND
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The application file is composed
of:
1. An application for land
assignment.
2. The project for investment in
construction (the eco-technical blueprint) already approved by the competent
State authority.
3. The administrative land map
or a detailed map on scales of from 1/200 to 1/100 of the target land area.
4. The plan for compensation.
This file must be sent to the
land administration of the same level for inquiry and submitted to the People's
Committee of the province or city directly under the Central Government for
decision.
In case the land assignment
authority is vested with the Government, the General Administration of Land and
the People's Committee of the province or city directly under the Central
Government shall submit it to the Government for decision.
Article
17.- The time limit for considering an application for land assignment and
making the decision is 25 days form the reception of the complete file.
Beyond this time limit, the
file-receiving agency must notify the applicant of the reasons for its delay in
making a decision.
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1. The People's Committees of
the provinces, towns and districts have the responsibility to organize
site-clearing work and direct the compensation for losses incurred by the
recovery of land in their localities.
2. The land administration at
provincial level shall process the recovery of land, organize the actual
assignment of land in accordance with the land assignment decision, keep
records on and monitor the changes in the fund of urban land.
Article
19.-
1. The
on-site assignment of land shall be carried out only when the applying
organizations and individuals have had the decision to that effect, paid the
fees for use of land and for land administration and completed the compensation
for losses, in accordance with the provisions of law.
2. The person who is assigned
with land is responsible for declaring and registering his/her use of land at
the People's Committee in the ward, commune or township which manages the land
plot.
3. After receiving the assigned
land, the assignee must immediately carry out preparations for the construction
and start filing procedure to apply for the construction license.
In the event of a change in the
purpose of land use, the assignee must report it to the assigning office for
consideration and decision.
4. The use of the assigned land
must progress in accordance with the pace specified in the project for construction
investment already approved by the competent State authority.
If, within 12 months from the
land assignment, the assignee has not started using the land without permission
from the competent State authority, the decision for land assignment to him/her
shall become void.
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1. The file for renting urban
land for use on only the site surface, without building permanent projects, is
composed of:
a) An application for land rent.
b) The draft design for use of
the surface of the target site, along with its literature.
c) The administrative land map
of the target land area.
d) The recommendation of the
municipal Chief Architect or Construction Office (in urban area where there is
no Chief Architect).
2. The file, formality and
procedure for applying to rent land for permanent construction works shall be
conducted according to the provisions stipulated in Article 16, 17, 18 and 19
of this Decree.
Article
21.- The State rents land to Vietnamese organizations and individuals for
use for the following purposes:
1. To have sites to serve the
construction of works inside urban areas.
2. To use as storage yard.
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4. To build permanent works
under investment projects for development of production, business, services and
housing.
The renting of land to
foreigners shall be conducted according to a separate State regulation.
Article
22.- The land administration at provincial level shall consider and inquire
into the application files for land rent and submit them to the competent State
authority for decision.
The time limit for considering
and deciding on an application file for renting land to use its surface is 20
days from the reception of the complete file.
Article
23.- After issuing the decision on renting land, the State-mandated agency
shall sign the contract with the renting party.
The land renter has the
obligations:
1. To use the rented land as
purported.
2. To pay land rent and the land
administration fee as provided for by law.
3. To comply with the land-rent
contract.
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Article
24.- With regard to a land plot which lies outside the inner city and the
inner area of the town or township, but within the area covered by the urban
development plan already approved by the competent State authority, during the
period before its use, the People's Committee of the province or city directly
under the Central Government may consider a timed assignment or rent, on
condition that the use of the land plot shall not hamper the process of urban
development.
Article
25.- The Ministry of Finance shall make provisions for the collection and
use of the land administration fees and the fees on issuing registration
certificates.
Chapter IV
CONSTRUCTION OF
INFRASTRUCTURE DURING USE OF URBAN LAND
Article
26.-
1. Urban
land must be built with infrastructure when it is put in use.
2. The State shall invest in transforming
and building for common use by the entire urban area infrastructure projects
which are not able to generate direct returns on capital, or it shall assign to
businesses, in the form of bidding or contractor selection, the construction of
infrastructure works which are able to generate direct returns on capital.
3. Organizations and individuals
shall build infrastructure works on the land plots assigned by the State in
strict compliance with the plans and investment projects already approved by the
competent State authority.
Article
27.- The use of the land fund to generate capital for construction of
infrastructure works and the assignment of land for businesses to invest in
projects for infrastructure development in urban areas shall be determined by
the Prime Minister.
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RECOVERY OF LAND FOR
URBAN DEVELOPMENT
Article
28.- The recovery of land for urban development is defined in the following
details:
1. The recovery of land under
use for construction of infrastructure for public service and other works of
public interest in implementation of planned urban transformation and
construction and other approved major projects, shall be decided by the
competent State authority.
2. Before recovering the land,
the competent State authority must notify the users of the land the reasons for
the recovery, the plan for moving and the scheme for compensation for the
losses in land and property associated with the land.
The compensation for the losses incurred
by the land users affected by the recovery decision shall be conducted in
accordance with a separate Government provision.
3. The users whose land is
subject to recovery must strictly obey the State decision for recovery of their
land.
In case the users deliberately
refuse to obey the decision of land recovery of the competent State authority,
they shall be forced to move out of the land plot.
Article
29.- In recovering land for construction of new cities or new urban areas,
the People's Committees in the provincial cities, towns and districts shall
work out and implement schemes for moving the population, clearing the sites
and creating the necessary and stable conditions for life of the land users
affected by the recovery decision.
Article
30.- With regard to organizations and individuals that volunteer to
transfer the land, or pass it on as an inheritance or a present, and in case of
change of house ownership or other forms of assignment of lawful land-use
right, the compensation, moving and site clearance shall be done by mutual
consent. The State shall carry out the recovery and assignment of land
according to the provisions of law.
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REGISTRATION AND ISSUE
OF CERTIFICATES OF LAND USE RIGHT IN URBAN AREAS
Article
31.-
1. All
organizations and individuals using urban land must register in order to be
issued with certificates of land use right by virtue of the Land Law of 1993.
2. Land users at a ward, commune
or township shall register at the People's Committees of the ward, commune or
township where the land is located.
3. The land associated with
houses or other constructions must register at the land registry. The land user
shall be granted the certificate of land use right associated with the
ownership right over houses or other constructions and architectures on it.
Article
32.- The consideration for the issue of certificates of land use right to
land users is defined as follows:
1. An individual who is using
land shall be issued with the certificate of land use right if he has one of the
following conditions:
a/ He has regular papers issued
by the authorized agencies of the State of the Democratic Republic of Vietnam,
the Socialist Republic of Vietnam or the Provisional Revolutionary Government
of South Vietnam.
b/ He is using the land provided
with regular papers issued by the authorized agency of the old regime, and free
from dispute over the land use right, and not belonging to the category of land
which must be handed over to others by virtue of the policies of the Sate of
the Democratic Republic of Vietnam, the Socialist Republic of Vietnam or the
Provisional Revolutionary Government of South Vietnam.
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2. An individual, who is using
urban land having a legal source stipulated at Item 1 of this Article but has
lost his regular papers while still meeting the conditions stipulated at
Article 33 of this Decree, shall also be considered for the issuance of the certificate
of land use right.
3. An organization, which meets
the conditions stipulated at Item 1 and 2 of this Article and which applies for
a certificate of land use right, is eligible for consideration by the People's
Committee of the province or city directly under Central Government, if it has
filled the procedure stipulated at Article 8 of this Decree.
4. An organization, which has
been allotted land by the State for use in the construction of public utility
projects stipulated in Article 58 of the Land Law, is eligible for
consideration by the People's Committee of the province or city directly under
the Central Government for the issuance of the certificate of land use right,
if it has filled the procedure stipulated at Article 8 of this Decree.
Article
33.- The person, who is using urban land but who does not have the regular
papers as stipulated in Article 32 of this Decree, is nevertheless eligible for
consideration for the issuance of certificate of land use right if he meets all
the below-listed conditions:
1. The land being used is
compatible with the urban development plan already endorsed by the authorized
State agency.
2. If involves no dispute or is
not subject to a decision on land recovery by the authorized State agency.
3. It does not infringe upon
public infrastructure works and the protection corridors of the urban technical
works.
4. It does not infringe upon the
land of the historical, cultural or religious constructions already recognized
by the State.
5. The user has paid the land
use tax and commits himself to discharge his financial obligations to the State
regarding the use of land.
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Article
35.- The dossier of application for a certificate of land use right shall
comprise the following:
1. An application for a
certificate of land use right.
2. The regular papers to prove the
land use right. In the absence of regular papers on land use right, the dossier
receiving agency must make continuous public announcements in the local press.
If no dispute arises after 30 days, the authorized State agency shall consider
the issuance of the certificate.
3. A map of the lot of land
concerned.
Article
36.- The General Land Administration shall provide concrete guidance for
the issue of certificates of land use right.
Chapter
VII
PROCEDURE FOR TRANSFER
OF LAND USE RIGHT IN URBAN AREAS
Article
37.-
1. The
procedure for the transfer of land use right in urban areas shall be done at
the Office of the People's Committee of the city directly under the province,
or of the town or district.
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3. The transferrer of land use
right in urban areas must pay tax and other regulatory remittances as
prescribed by law.
Article
38.- The transfer of land use right in urban areas belonging to many users
must have the written consent of all these users.
Chapter
VIII
ORGANIZING THE
IMPLEMENTATION
Article
39.- The person who violates regulations on the management and use of urban
land shall, depending on the extent of the violation, be disciplined, subject
to administrative sanctions or investigated for penal liability.
Article
40.- This Decree replaces Decree No.47-CP on the 15th of March 1972 of the
Government Council, and takes effect as from the 15th of October 1993. All
earlier regulations contrary to this Decree are now annulled.
The Ministry of Construction,
the General Land Administration shall have to guide and inspect the
implementation of this Decree.
Article
41.- The ministers, the heads of the ministerial-level agencies and
agencies attached to the Government, the presidents of the People's Committees
of the provinces and cities directly under the Central Government shall have to
implement this Decree.
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FOR
THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet