|
THE MINISTRY OF
NATURAL RESOURCES AND ENVIRONMENT OF VIETNAM
--------
|
THE SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
-----------------
|
|
No. 15/VBHN-BTNMT
|
Hanoi, May 24,
2024
|
DECREE
ELABORATION OF THE
LAND LAW
The Government’s Decree No. 43/2014/ND-CP dated May
15, 2014 on elaboration of the Land Law, coming into force from July 01, 2014,
is amended by:
1. The Government’s Decree No. 01/2017/ND-CP dated
January 06, 2017 providing amendments to Decrees on elaboration of the Land
Law, coming into force from March 03, 2017.
2. The Government’s Decree No. 136/2018/ND-CP dated
October 05, 2018 providing amendments to Decrees on investment and business
conditions in the field of natural resources and environment, coming into force
from October 05, 2018.
3. The Government’s Decree No. 62/2019/ND-CP dated
July 11, 2019 providing amendments to the Government’s Decree No. 35/2015/ND-CP
dated April 13, 2015 on management and use of land areas for rice cultivation,
coming into force from September 01, 2019.
4. The Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020 providing amendments to Decrees on elaboration of the Land
Law, coming into force from February 08, 2021.
5. The Government’s Decree No. 104/2022/ND-CP dated
December 21, 2022 providing amendments to Decrees on submission and
presentation of household registration books and temporary residence
registration books when following administrative procedures and providing
public services, coming into force from January 01, 2023.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
7. The Government’s Decree No. 12/2024/ND-CP dated
February 05, 2024 providing amendments to the Government’s Decree No. 44/2014/ND-CP
dated May 15, 2014 prescribing land prices and the Government’s Decree No.
10/2023/ND-CP dated April 03, 2023 providing amendments to Decrees on
amendments to the Land Law, coming into force from February 05, 2024.
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Land Law dated November 29,
2013;
At the request of the Minister of Natural
Resources and Environment of Vietnam, the Government promulgates a Decree on
elaboration of the Land Law No. 45/2013/QH13.[1]
Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree elaborates on certain Articles and
Clauses of the Land Law No. 45/2013/QH13 (hereinafter referred to as the “Land
Law”).
2. Certain Articles and Clauses of the Land Law
regarding compensation, support and relocation; land price; collection of land
levies; collection of land and water surface rents; imposition of penalties for
land-related administrative violations are elaborated in other Government’s
Decrees.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Regulatory authorities that perform powers and
responsibilities of the representative of the all-people ownership of land, and
perform uniform state management of land.
2. Land users defined in Article 5 of the Land Law.
3. Other entities involved in land management and
use.
Article 3. Determination
of land types[2]
1. The type of a land parcel used in the absence of
documents defined in Clauses 1, 2 and 3 Article 11 of the Land Law shall be
identified in the following manner:
a) If the land parcel is stably used and is not
gained through illegal encroachment, occupation or conversion, its type shall
accord with the current form of use;
b) If the land parcel is gained through illegal
encroachment, occupation or conversion, its type shall be traced from its
origin and progress of land management and use.
2. The type of a land parcel allocated, leased or
enabled to be converted by the Government shall be determined according to the
land use planning, construction planning, urban planning, rural residential
area planning and new-style rural commune development planning, which have been
approved by competent government authorities, and the investment project.
3. The type of a land parcel (on which there is
neither garden nor pond) used for various purposes, as prescribed in Clause 1
and Clause 2 of this Article, shall be determined in the following manner:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) If the boundaries of the segments in different
use are unspecified, the main purpose of use of the land parcel shall accord
with the land type at the highest price in the land price list issued by the
People's Committee of the relevant province or central-affiliated city
(hereinafter referred to as the “provincial People's Committee”).
The main purpose of use of a land area for
construction of a multi-purpose apartment building whose floor area is partly
used for offices and commercial trading and service establishments shall be
residential.
4. Provincial People’s Committees shall determine
the type of land, as stated in Clauses 1, 2 and 3 of this Article, being used
by religious establishments, foreign-invested enterprises, foreign diplomatic
organizations or Vietnamese expatriates for an investment project. People's
Committee of a district, district-level town or provincial city (hereinafter
referred to as the “district-level People's Committee”) shall determine the
type of land concerning households, individuals, residential communities or
Vietnamese expatriates permitted to own residential houses pursuant regulations
of law on residential housing. The type of land expropriated shall be
determined by the agencies authorized to expropriate such land as per
regulations of the Land Law.
Provincial People’s Committee shall determine the
type of land over which the authority to determine land type belongs to both
the provincial People’s Committee and district-level People's Committee.
Article 3a. Verification
of stable incomes from agricultural production of a household or individual
engaged directly in agricultural production shall be subject to Clause 30
Article 3 of the Land Law [3]
People's Committee of a commune, ward or
commune-level town (hereinafter referred to as the “communal People’s
Committee”) shall be responsible for verifying the stable incomes of a
household or individual from agricultural production in the following manner
upon processing of procedures for land allocation, registration of acquisition
of land use rights (LURs) through transfer or donation, issuance of
certificates of LURs and ownership of house and other property on land, or
compensation and support consequential to the Government’s expropriation of
land:
1. The communal People's Committee at which the
permanent address [4]
of the household or individual directly engaged in agricultural production is
registered shall verify their stable income(s) from agricultural production.
2. If a household or individual uses a land parcel
located in a commune other than that of their registered permanent address[5], the communal
People’s Committee at which their permanent address[6] is registered shall verify the stable
incomes of that household or individual after receiving a written confirmation
of the use of agricultural land from the People’s Committee of the commune
where the land parcel exists.
Chapter II
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 4. Land authorities
1. Local land authorities include:
a) Land authorities of provinces and
central-affiliated cities are provincial Departments of Natural Resources and
Environment;
b) Land authorities of districts, district-level
towns and provincial cities are district-level Departments of Natural Resources
and Environment.
2.[7] Local agencies in charge of natural
resources and environments, including provincial Departments of Natural
Resources and Environment, district-level Departments of Natural Resources and
Environment, and Land Registration Offices, shall be given certain assignments
of state management of land.
3.[8] Provincial People’s Committees and
district-level People’s Committees shall organize land authorities in their
localities; district-level People’s Committees shall appoint cadastral officers
of communes, wards and commune-level towns to perform land management tasks.
4.[9] MONRE shall play the leading role and
cooperate with the Ministry of Home Affairs of Vietnam in prescribing the
functions, tasks and organizational structure of local land authorities and
tasks of cadastral officers of communes, wards and commune-level towns.
Article 5. Land-related services
1. Land registration offices:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The functions of a land registration office are to
register land and land-attached properties; issue, or make endorsements in,
certificates of land use right with or without ownership of house and other properties
attached to land as per regulations [11];
take measurements, produce, manage, update, revise and match cadastral
documents with land database; reckon up and inventory land; release land
information to requesting organizations and individuals as per regulations and
provide other services on the premise that its functions and missions accord
with competence prescribed by laws;
b) Land registration offices establish their
branches in districts, towns and provincial cities. Branches of land
registration offices may perform functions, tasks and powers of land
registration offices under decisions of provincial People’s Committees;
c) [12]
Funding for covering operational expenses of land registration offices must
comply with regulations of law on funding of public service units.
Users of services rendered by land registration
offices must pay service charges. When following procedures for registration
and issuance of certificates of land use right with or without ownership of
house and other properties attached to land, applicants shall pay fees for
processing of their applications and appraisal of conditions for registration
and issuance of certificates of land use right with or without ownership of
house and other properties attached to land; pay fees for remaining procedures
at the prices of public services quoted by provincial People’s Committees.
2. Land fund development organizations:
a) Land fund development organization is a public
service unit established in accordance with the law on establishment,
reorganization and dissolution of public service units; it is a juridical
person in possession of its own location, seal and account to operate in
accordance with regulations of law; it has branches in districts,
district-level towns and provincial cities. Where both a provincial land fund
development organization and district-level land fund development organizations
are established in a province, these organizations shall be consolidated into a
land fund development organization.
Land fund development organizations have the
functions of creating, developing, managing and exploiting land funds;
organizing the payment of compensations, provision of support, and relocation;
receiving land use rights transferred from organizations, households and
individuals; organizing the auction of land use rights and providing other
services.
b) Funding for covering operational expenses of
land fund development organizations must comply with regulations of law on funding
of public service units.
3.[13] Land-related services include:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Land use planning;
c) Cadastral surveying and mapping, compilation of
cadastral records, land database construction, application for registration and
issuance of certificates of LURs and ownership of house and other property on
land;
d) Land pricing consultancy;
dd) Auction of LURs;
e) Compensation, support and relocation;
g) Provision of information, data about land, and
information about LUR markets and other land information;
h) Receipt of applications for processing of
land-related administrative procedures and return of application processing
results at the time and place requested by service users;
i) Other services conformable with assigned
functions and tasks.
4. The MONRE shall play the leading role and
coordinate with the Ministry of Home Affairs of Vietnam and the Ministry of
Finance of Vietnam in prescribing organizational structure, tasks and operating
mechanism of land registration offices and land fund development organizations.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 5a. Competence
of an organization or individual surveying and assessing land [14]
1. A public service unit or an
enterprise can survey and assess land upon its satisfaction of the following
requirements:
a) Its function, if it is a governmental public
service unit, is to survey and assess land;
b) It employs at least 02 (two) individuals who
meet the requirements defined in Clause 2 of this Article.
2. An individual from an organization whose
function is to survey and assess land shall conduct the survey and assessment
of land upon his/her satisfaction of the following requirements:
a) Possess university or higher qualifications in
land management, cadastral management, land science, pedology, environment and
other specializations that concern land surveying and assessment;
b) Have worked in the sector of land resource
management or land survey and assessment for at least 30 (thirty) months.
3. Organizations analyzing soil samples are
required to have or hire a soil analysis laboratory certified by competent
authorities.
Article 5b. Requirements for organizations and
individuals engaged in construction of the land information system[15]
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2.[17] A public service provider or an
enterprise can establish the land database upon its satisfaction of the
following requirements:
a) Its function, if it is a governmental public
service provider, is to establish the land database;
b) It employs at least 05 (five) persons and at
least 10 (ten) persons who meet the requirements defined in Clause 3 of this
Article for establishing a district-level land database and for establishing a
provincial or central land database respectively.
3. A person can build a land database for an
organization establishing the land database upon his/her satisfaction of the
following requirements:
a) [18]
(abrogated)
b) Possess university or higher qualifications in
land management, cadastral management, cartography, information technology or
another specialization involving land database;
c) Have worked in the sector of land resource
management or have built land databases for at least 24 months.
4.[19] (abrogated)
5.[20] (abrogated)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Land development funds specified in Article 111
of the Land Law shall be established in accordance with regulations of law on
establishment, reorganization and dissolution of public service units or
assigned to be managed by local development investment funds or other financial
funds before January 01, 2015. Land development funds are state financial institutions
affiliated to provincial People’s Committees, have the juridical person status,
conduct independent accounting, have their own seals and may open accounts at
the State Treasury and credit institutions for their operation in accordance
with regulations of law.
Land development funds established before July 01,
2014, may continue operating under this Decree.
2. Funding of land development funds shall be
derived from the state budget and incorporated in local-government budget
estimates upon their establishment and annually supplemented; and may be
mobilized from other sources, including aid, financial assistance, support or
sources entrusted for management of international organizations, domestic and
foreign organizations and individuals under aid, financial assistance or
entrustment programs or projects in accordance with regulations of law.
Based on annual land use plans and depending on
actual conditions of each province, provincial People’s Committees shall
request provincial People's Councils to make decision on state budget
allocations given to land development funds upon their establishment and
specific annual additional allocations to be given to these funds.
3. Land development funds shall be used to advance
capital for land fund development organizations and other organizations to pay
costs of compensation, land clearance and creation of land funds under land use
plans/plannings approved by competent authorities.
4.[21] The Ministry of Finance of Vietnam
shall present the sample regulations on management and use of land development
fund to the Prime Minister of Vietnam for promulgation; issue regulations on
allocation, recording, disbursement and finalization of expenditures,
mobilization and use of finances from the land development fund and mechanism
of mandate to other local development investment funds and financial funds if
an independent land development fund is not established in accordance with
regulations of law on management of state budget and State financial funds.
Based on Clauses 1, 2 and 3 of this Article, the
Prime Minister’s sample regulations on management and use of land development
fund and other relevant regulations, Provincial People's Committees shall
decide to establish land development funds, or revise functions and tasks of
existing ones, and decide organizational structure, funding sources and
operational mechanism of land development funds in line with local actual
conditions.
Chapter III
LAND USE PLANNINGS AND PLANS
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Responsibility to determine land use demands in
formulation and modification of national land use plannings/plans is determined
as follows:
a) Ministries and central-government authorities
shall determine land use demands for projects in the sectors and fields under
their management in provincial administrative units; provincial People’s
Committees shall determine land use demands of their provinces;
b) Ministries, central-government authorities and
provincial People’s Committees shall send reports on their land use demands to
MONRE within 45 days after receiving the latter’s written request for
registration of land use demands;
c) MONRE shall consolidate and balance land use
demands and plan on allocation of national land use norms to every
socioeconomic region and provincial administrative unit.
2. Responsibility to determine land use demands in
formulation and modification of provincial land use plans:
a) Provincial departments and authorities shall
determine land use demands for projects with land use within provincial land
use norms for every district-level administrative unit; district-level People’s
Committees shall determine land use demands of their districts;
b) Provincial departments/authorities and
district-level People’s Committees shall send reports on their land use demands
to provincial Departments of Natural Resources and Environment of Vietnam
within 30 days after receiving the latter’s written request for registration of
land use demands;
c) Provincial Departments of Natural Resources and
Environment shall plan the allocation of land use norms in the national land
use plan for every district-level administrative unit; consolidate and balance
the land use demands and plan the allocation of provincial land use norms to
every district-level administrative unit;
d) Where it is necessary to change the sizes,
locations and number of projects/works of the same land type without changing land
use norms and areas according to the land use functions defined in an approved
provincial land use plan, the provincial People’s Committee shall submit such
changes to the same-level People's Council for approval before including such
changes in district-level land use plannings/plans.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Responsibility to determine land use demands in
formulation and modification of district-level land use plannings/plans:
District-level divisions/offices shall determine
land use demands and propose projects with land use on the list of
district-level land use norms for every communal administrative unit; People’s
Committees of communes, wards or commune-level towns (hereinafter referred to
as “communal People’s Committees”) shall determine land use demands of their
localities.
District-level divisions/offices and communal
People’s Committees shall send reports on their land use demands to
district-level Departments of Natural Resources and Environment of Vietnam
within 30 days after receiving the latter’s written request for registration of
land use demands.
District-level Departments of Natural Resources and
Environment shall determine provincial land use norms and projects included in
provincial land use plans allocated to districts for every communal
administrative unit; consolidate and balance the land use demands and plan the
allocation of district-level land use norms to every communal administrative
unit;
b) Land use norms used in district-level land use
plannings include land use norms by land type and land use norms by functional
zone.
Land use norms by land type include those
determined in provincial plannings and those determined by district-level and
communal authorities. Land use norms by land type determined by district-level
and communal authorities include other agricultural land; land for production
of building materials and pottery products; land for development of
district-level and communal infrastructure facilities; land for community
activities and public entertainment and recreation areas; land for belief
activities; land with rivers, streams, canals, springs and special-use water
surface; and other non-agricultural land.
Land use norms by functional zone include zones for
cultivation of wet rice; zones for perennial industrial trees; zones for
protective forests, reserve forests and production forests; industrial parks
and industrial clusters; new urban areas, urban - trade - service areas;
tourism areas; rural residential areas, craft villages and non-agricultural
production zones;
c) Where it is necessary to change the sizes,
locations and number of projects/works or land use demands of households and
individuals without changing land use norms by land type and land use areas
according to the land use functions defined in a district-level land use
planning, the district-level Department of Natural Resources and Environment
shall consolidate and submit reports on land use demands of organizations,
households and individuals to the district-level People’s Committee that shall
then submit reports on such changes to the provincial Department of Natural
Resources and Environment. The provincial Department of Natural Resources and
Environment shall request the provincial People's Committee to make decision
and include approved changes in annual district-level land use plan.
In case of addition of projects/works which
requires land expropriation as prescribed in Clause 3 Article 62 of the Land
Law, the approval of such additional projects/works from the provincial People's
Council shall be required before they are decided and included by provincial
People’s Committee in the annual district-level land use plan.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. MONRE shall promulgate technical
regulations on formulation and modification of national land use plan,
provincial land use plan, and district-level land use planning/plan.
Article 7a. Planning
of land use in a new-style rural commune construction planning[23]
1. The land use planning contents in the new-style
rural commune construction planning shall accord with the district-level land
use plan.
New-style rural commune construction plans approved
by competent government authorities prior to the effective date of this Decree
shall be scrutinized and revised with respect to their content of land use
planning in line with the district-level land use plan.
2. The expropriation, allocation, lease or
repurposing of land for implementing the new-style rural commune construction
planning shall be founded upon the district-level annual land use plan approved
by a competent authority.
Article 8. Getting opinions on district-level
land use planning[24]
1. Documents sent for getting opinions on
district-level land use planning include:
a) A summary report on the land use planning which
must specify land use norms, locations and areas of land to be expropriated or
repurposed in the planning period;
b) The land use planning map.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 9. Procedures for appraisal and approval
of provincial land use plans; district-level land use plannings/plans; plans
for use of land for national defense purpose; plans for use of land for
security purposes[25]
1. Procedures for appraisal and approval of
provincial land use plans:
a) The provincial People’s Committee shall send a
land use plan dossier to MONRE for organizing appraisal;
b) Within a maximum duration of 05 days from the
receipt of an adequate and valid dossier, MONRE shall send it to members of the
council in charge of appraisal of the land use plan (hereinafter referred to as
“appraisal council”) for their opinions. In case of invalid dossier, within 05
days from the receipt of the dossier, MONRE shall give a written notification
thereof to the sending agency;
c) Where necessary, within 10 days from the receipt
of an adequate and valid dossier, the appraisal council shall organize the
field surveys or inspections of areas of land to be repurposed, especially land
areas for rice cultivation, protective forests or reserve forests to be
repurposed
d) Within a maximum duration of 15 days from the
receipt of a valid dossier, members of the appraisal council shall send their
written opinions to MONRE;
dd) Within 10 days upon the end of the time limit
for getting opinions, the MONRE shall hold a meeting of the appraisal council
and send a notice of appraisal results to the provincial People’s Committee;
e) Within 15 days from the receipt of the notice of
appraisal results, the provincial People’s Committee shall complete the land
use plan dossier and send it to the MONRE for submission to the Prime Minister
of Vietnam for approval;
g) Within 10 working days from the receipt of a
valid dossier, MONRE shall submit the received dossier to the Prime Minister of
Vietnam for approval of the provincial land use plan. In case of invalid
dossier, within 05 days from the receipt of the dossier, MONRE shall give a
written notification thereof to the provincial People’s Committee.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) The conformity between the land use plan and the
national land use planning/plan and the provincial planning;
b) The conformity between the land use plan and
socio-economic development plans, including: assurance of national food
security, ecological environmental protection, and protection of national
defense and security; ability to meet land use demands for development of
sectors and fields;
c) Outcomes achieved from the implementation of the
land use plan in the previous period; socioeconomic and environmental
efficiency of projects/works included in the land use plan completed in the
previous period;
d) Feasibility of the land use plan: Suitability of
solutions for actual local conditions; resources and ability to raise funds for
implementing the plan.
3. Procedures for appraisal and approval of
district-level land use plannings:
a) The district-level People’s Committee shall send
a land use planning dossier to the relevant provincial Department of Natural Resources
and Environment for organizing appraisal;
b) Within a maximum duration of 05 days from the
receipt of an adequate and valid dossier, the provincial Department of Natural
Resources and Environment shall send it to members of the council in charge of
appraisal of the land use planning (hereinafter referred to as “appraisal
council”) for their opinions. In case of invalid dossier, within 05 days from
the receipt of the dossier, the provincial Department of Natural Resources and
Environment shall give a written notification thereof to the sending agency;
c) Where necessary, within 10 days from the receipt
of an adequate and valid dossier, the appraisal council shall organize the
field surveys or inspections of areas of land to be repurposed, especially land
areas for rice cultivation, protective forests, reserve forests or production
forests which are natural forests to be repurposed;
d) Within a maximum duration of 15 days from the
receipt of a valid dossier, members of the appraisal council shall send their
written opinions to the provincial Department of Natural Resources and
Environment;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
e) The district-level People’s Committee shall
complete the land use planning dossier, submit it to the district-level
People’s Council for approval, and then send it to the provincial Department of
Natural Resources and Environment for further submission for approval;
b) Within 10 working days from the receipt of an
adequate and valid dossier, the provincial Department of Natural Resources and
Environment shall submit the received dossier to the provincial People’s
Committee for approval of the district-level land use planning. In case of
invalid dossier, within 05 days from the receipt of the dossier, the receiving
authority shall give a written notification thereof to the sending authority.
4. Procedures for appraisal and approval, and
contents of appraisal of modified provincial land use plans shall comply with
the provisions of Clauses 1 and 2 of this Article. Procedures for appraisal and
approval of modified district-level land use plannings shall comply with the
provisions of Clause 3 of this Article.
5. The modification of a provincial land use plan
shall only be made on one of the grounds specified in Clause 1 Article 6 of the
Law on amendments to 37 laws on planning, and must comply with the following
rules:
a) Such modification does not lead to changes in
national land use norms allocated to that province;
b) Such modification does not lead to changes in
purposes and structure of land types by land functions defined in the land
allocation and zoning plan under the approved provincial planning.
6. Procedures for appraisal and approval of annual
district-level land use plans:
a) In the third quarter of each year,
district-level People’s Committees shall send their annual land use plan
dossiers for the following year to the relevant provincial Department of
Natural Resources and Environment for organizing appraisal;
b) Within a maximum duration of 05 days from the
receipt of an adequate and valid dossier, the provincial Department of Natural
Resources and Environment shall send it to members of the council in charge of
appraisal of land use plans (hereinafter referred to as “appraisal council”)
for their opinions. In case of invalid dossier, within 05 days from the receipt
of the dossier, the provincial Department of Natural Resources and Environment
shall give a written notification thereof to the district-level People’s
Committee that has sent that dossier;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Within 05 days upon the end of the time limit
for getting opinions, the provincial Department of Natural Resources and
Environment shall hold a meeting of the appraisal council and send a notice of
appraisal results to the district-level People’s Committee for completing its
dossier;
dd) The provincial Department of Natural Resources
and Environment shall compile a consolidated list of projects which require
land expropriation as prescribed in Clause 3 Article 62 of the Land Law and
send it to the provincial People’s Committee that shall then present it to the
Provincial People’s Council for giving approval together with the decision on
state budget-derived funding for compensation and land clearance tasks at its
year-end meeting;
e) Based on the annual district-level land use plan
dossier which has been completed and the resolution issued by the provincial
People’s Council, the provincial Department of Natural Resources and
Environment shall submit the annual district-level land use plan to the
provincial People’s Committee for approval before December 31.
7. Procedures for appraisal and approval of plans
for use of land for national defense/security purpose:
a) The Ministry of National Defence of
Vietnam/Ministry of Public Security of Vietnam shall send their land use plan
dossiers to MONRE for getting appraisal opinions;
b) Within a maximum duration of 05 days from the
receipt of an adequate and valid dossier, MONRE shall send it to members of the
land use plan appraisal council for their opinions. In case of invalid dossier,
within 05 days from the receipt of the dossier, the receiving authority shall
give a written notification thereof to the sending authority;
c) Within a maximum duration of 15 days from the
receipt of the dossier, members of the land use plan appraisal council shall
send their written opinions to MONRE.
Within 05 days upon the end of the time limit for
getting opinions, MONRE shall consolidate received opinions and send a notice
of appraisal results to the Ministry of National Defence of Vietnam/Ministry of
Public Security of Vietnam for completing their dossier;
d) Where necessary, MONRE shall hold a meeting of
the land use plan appraisal council and then send a notice of appraisal results
to Ministry of National Defence of Vietnam/Ministry of Public Security of
Vietnam;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 9a.[26] (abrogated)
Article 9b.[27] (abrogated)
Article 10. Eligibility requirements to be
satisfied by consultancies for formulation of national land use plans,
provincial land use plans and district-level land use plannings/plans[28]
1. A public service unit or enterprise may provide
consultancy for formulation of national land use plans, provincial land use
plans and district-level land use plannings/plans if it meets all of the
following eligibility requirements:
a) It has the functions to provide consultancy for
formulation of land use plannings and plans;
b) [29]
It employs at least 02 (two) individuals who meet the requirements defined in
Clause 2 of this Article.
2. In order to act as a consultant of a consultancy
on formulation of land use plannings and plans, an individual shall be required
to meet the following requirements:
a) [30]
(abrogated)
b) He/she has been working in the fields of land
use planning/plan and other land-related specialized plannings for at least 24
months and has directly participated in the formulation of at least 01 land use
planning or plan of the same or higher level.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Ministries, central-government authorities,
provincial and district-level People’s Committees shall review and modify their
sectoral and local plannings/plans with land use in conformity with land use
plannings/plans decided or approved by competent authorities.
2. Provincial People’s Committees shall direct and
carry out field inspection of district-level and communal People’s Committees
for their determination of areas and boundaries of land for rice cultivation,
reserve forests, protective forests and production forests which are natural
forests.
Provincial People’s Committees shall assume
responsibility before the Prime Minister of Vietnam for protection of land for
rice cultivation, reserve forests, protective forests and production forests
which are natural forests as specified in land use plannings/plans.
3. MONRE shall inspect the realization of land use
norms in national and provincial land use plannings/plans, and supervise the
implementation of land use plannings/plans by local authorities, ministries and
central-government authorities.
4. Upon expiry of the land use planning period, in
case some land use norms defined in that period or the land use plan remain unrealized,
they shall continue to be realized until the land use planning for the
following period is approved.
In case the provincial planning has not been
approved, the district-level land use planning shall be formulated at the same
time as the provincial planning. The consideration and approval of
district-level land use plannings which have been completely formulated and
appraised shall obey the “first come-first served” rule. If a district-level
land use planning is in conflict with the provincial land use planning which
has been approved, the former must be modified in an appropriate manner.
In case the provincial land use plan has not been
approved, the district-level People's Committee shall, based on the approved
district-level land use plan, organize the formulation of the annual land use
plan and submit it to the provincial People's Committee for approval and
inclusion thereof in the provincial land use plan to ensure their consistency
and conformity.
5. Settlement of land use-related matters upon
termination of a project investment guideline in accordance with Point i Clause
2 Article 2 of the National Assembly's Resolution No. 82/2019/NQ14 dated June
14, 2019 without any decision on land allocation, land lease or land
repurposing:
a) In case of termination of investment guidelines
for a project which is a result of the State's land expropriation decision as
prescribed in Articles 61 and 62 of the Land Law and where a written land
expropriation notice/decision and decision on approval of the compensation,
support and relocation plan have been issued as well as compensation, support
and relocation tasks have been performed, the land fund development
organization shall be assigned to manage the land areas to be expropriated in
accordance with regulations. If compensation, support and relocation
payments have been partially made, the land fund development organization or
the compensation, support and relocation council shall be assigned to continue
paying the rest under the approved compensation, support and relocation
plan. The State shall reimburse investors for their advance payments of
compensation, support and relocation amounts (if any) when selecting other
investors.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
In case a written land expropriation notice is
available but a land expropriation decision or a decision on approval of the
plan of compensation, support and relocation is not, the written land
expropriation notice and the project’s name specified in the approved annual
district-level land use plan shall become invalid as of the date of termination
of the investment guideline;
b) When the investment guidelines for a project
with land use are terminated as a result of the receipt of transfer of rights
to use agricultural land to implement a non-agricultural project but the
investor has not acquired LURs through transfer as prescribed, the written
permission for investor's receipt of transfer of LURs shall become invalid as
of the date of termination of the investment guideline.
6. Provincial People's Committees shall, based on
the current use of land and the local socio-economic conditions, direct the
implementation of approved land use plannings/plans, and review of the use of
land at the locations defined in the written document stating the termination
of project investment guideline as prescribed in Clause 5 of this
Article.
Article 12. Settlement of some matters
concerning land use plannings/plans arising after July 01, 2014
1. For localities that have land use plannings by
2020, district-level and communal land use plans for the first 5-year period
(2011-2015) approved by competent authorities before July 01, 2014, such
plannings and plans may be used for the formulation of district-level land use
plans of 2015, modification of district-level land use plannings by 2020, and
formulation of annual land use plans in accordance with the Land Law.
2. For localities that have land use plannings by 2020,
district-level land use plans for the first 5-year period (2011-2015) approved
by competent authorities before July 01, 2014, but communal land use
plannings/plans have not yet been approved before July 01, 2014, the
formulation of communal land use plannings/plans shall not be required. Land
use plannings by 2020, district-level land use plans for the first 5-years
period (2011-2015) and products of projects on formulation of communal land use
plannings/plans for communes which are formulating their land use
plannings/plans may be used for the formulation of district-level land use
plans of 2015, modification of land use plannings by 2020 and formulation of
annual land use plans in accordance with the Land Law.
Chapter IV
LAND EXPROPRIATION, ALLOCATION, LEASE AND REPURPOSING
Article 13. Getting opinions of Ministries on
land-using projects on islands or in border or coastal communes, wards or
commune-level towns
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) The Ministry of National Defence of Vietnam, the
Ministry of Public Security of Vietnam and the Ministry of Foreign Affairs of
Vietnam, for projects using land on islands or in border communes, wards or
commune-level towns;
b) The Ministry of National Defence of Vietnam, for
projects using land parcels which are located in coastal communes, wards or
commune-level towns and adjoin land parcels used for national defense purposes,
except the cases where restricted areas have been determined as prescribed;
c) The Ministry of Public Security of Vietnam, for
projects using land parcels which are located in coastal communes, wards or
commune-level towns and adjoin land parcels used for security purposes.
2. Within 20 days from the receipt of written
request for opinions, the Ministry of National Defense of Vietnam, the Ministry
of Public Security of Vietnam and the Ministry of Foreign Affairs of Vietnam
shall send their written opinions to the requesting provincial People’s
Committee.
3. Where a project specified in Clause 1 of this
Article uses land for rice cultivation, protective forest or reserve forest as
prescribed in Point a Clause 1 Article 58 of the Land Law, getting opinions
from relevant Ministries must be completed before the investment guidelines for
this project is submitted to the Prime Minister of Vietnam.
Article 14. Eligibility requirements to be
satisfied by persons to whom the State allocates or leases land or grants
approval for land repurposing for executing investment projects
1.[32] Investment projects using land for
non-commercial purposes are not subject to the conditions specified in Clause 3
Article 58 of the Land Law.
2. The following financial capacity requirements
must be satisfied to ensure the use of land according to the investment
project’s schedule:
a) Having own capital for implementation of the
project equal to at least 20% of the total investment, for projects using less
than 20 hectares of land; or to at least 15% of the total investment, for
projects using 20 hectares of land or more;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Confirmation that persons to whom the State
allocates or leases land or grants approval for land repurposing for
implementing investment projects does not commit violations against the Land
Law, in case they are using land allocated or leased by the State for
implementing other investment projects, shall be made on the following grounds:
a) Results of the handling of violations against
the Land Law involving local projects kept by provincial Departments of Natural
Resources and Environment;
b) Contents about violations against the Land Law
and results of the handling thereof published on the websites of MONRE and the
General Department of Land Administration, for other local projects.
4. Appraisal of satisfaction of eligibility requirements
laid down in this Article shall be conducted at the same time as the appraisal
of the land use demands of investors upon the grant of investment certificates,
appraisal of investment projects, formulation of economic-technical reports or
grant of investment approval in accordance with the Investment Law and the
Construction Law in case of the land allocation or lease which is made not
through the auction of LURs or land repurposing. In case LURs are auctioned,
the appraisal tasks shall be performed before the date of the auction session.
5.[33] If a household or individual desires
to convert the purpose of use of land from rice cultivation, protective forest
or reserve forest to another use for implementing an investment project, the
provisions of Clause 1 Article 58 of the Land Law shall apply.
6.[34] Land areas for rice cultivation,
protective forest or reserve forest, whose repurposing has been approved in
writing by the Prime Minister or via a written resolution of the provincial
People's Council but which are not yet granted decisions on land expropriation,
land allocation, land lease or land repurposing for implementing projects,
shall remain available for implementing projects for the maximum duration of 03
subsequent years pursuant to Clause 3 Article 49 of the Land Law without
reapplication for approval from the Prime Minister or provincial People’s
Council pursuant to Clause 1 Article 58 of the Land Law if such projects
continue.
7.[35] (abrogated)
Article 14a. Allocation
and lease of small parcels managed by the State[36]
1. Small parcels managed by the State may be
allocated or leased out in accordance with this Article if they meet the
following criteria:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Their measurements or dimensions do not meet
minimum measurement and dimensional requirements in order to obtain land
subdivision permission from the provincial People's Committees;
c) They conform to land use plannings/plans or
detailed plannings for urban construction, plannings for construction of rural
residential areas and/or plannings for construction of new-style rural communes
approved by competent authorities;
d) They do not belong to the land areas for
implementation of the projects/construction works stated in the land use
plannings/plans approved and publicly announced by competent authorities;
dd) Land parcels to be allocated or leased are not
involved in any disputes, complaints or violations or are involved in disputes,
complaints or violations which have been settled under specific written
documents in accordance with regulations of law.
2. Land allocation and lease rules:
a) The use of small land parcels managed by the
State for public uses shall be prioritized. In case any land parcel cannot be
used for public purposes, it shall be allocated or leased out to users of
adjacent land parcel with collecting land levies or rents;
b) Allocation or lease of land through the auction
of LURs shall apply in case there are two or more adjacent land users wishing
to use the same small land parcel. In case where only one person has the need
to use land, the land parcel shall be allocated or leased not through the
auction of LURs;
c) Allocation or lease of small land parcels to
adjacent land users shall be carried out after People's Committees at all
levels have reviewed, made public announcement thereof and collected opinions
from people at localities where land parcels are located;
d) Allocation or lease of small land parcels shall
be considered according to applications submitted by adjacent land users and
must be carried out in an open, transparent and democratic manner;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
e) Limited rights to use adjacent land parcels
prescribed by the Land Law and Civil Code must be assured; none of disputes or
complaints against these land parcels may arise.
3. The term of use of a small land parcel allocated
or leased by the State to an adjacent land user must be determined to be in
line with that of the adjacent land parcel in his/her use. In case the
allocation or lease of a small land parcel is associated with the repurposing
of the adjacent land parcel, the land-use term shall be determined according to
the provisions of Articles 125 and 126 of the Land Law.
4. Land prices used for calculating land levies or
land rents with respect to land parcels allocated or leased by the State not
through auction of LURs or the starting prices for auction of LURs conducted
upon land allocation or land lease shall be the specific land prices decided by
the provincial People's Committees according to the provisions of Article 114
of the Land Law and documents providing guidance thereon.
5. Provincial People's Committees shall provide
detailed regulations on review and publishing of the list of small land parcels
directly managed by the State, collection of public opinions and public
disclosure of allocation and lease of small land parcels in their provinces for
public uses or to adjacent land users.”
Article 14b. Land
allocation and lease in case of exemption from payment of land levies and rents
[37]
In case of exemption from the requirement for
payment of land levies or land rents for a given number of years, or for the
entire land-use term with respect to land areas used for investment projects
given investment incentives or located in areas qualified for investment
incentives, competent authorities shall decide to allocate or lease land not
through auction of LURs and bidding for projects with land use, except the
following cases:
1. Land levies or land rents are exempt only for a
project’s fundamental construction stage.
2.[38] Land for commercial and service
purposes are used.
3. Land is used for implementing an investment
project on construction of commercial housing.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Force majeure circumstances which directly
affect the land use schedules of investment projects which are implemented
using land allocated or leased by the State as prescribed in Point i Clause 1
Article 64 of the Land Law include:
a) Natural disasters, environmental disasters;
b) Fires and epidemics;
c) Wars;
d) Other force majeure circumstances as decided by
the Prime Minister of Vietnam.
2. Where land is not put to use or the land use
schedule is late, the point of time for counting the land-use term extension of
24 months is prescribed as follows:
a) In case an investment project fails to put land
into use for 12 consecutive months after receiving land handed over in the
field, the investor may extend the land-use term for 24 months counted from the
13th month since the land handover;
b) In case the land use schedule of an investment
project is 24 months late compared with the schedule stated in the project
documents since the land handover in the field, the land-use term extension of
24 months shall commence from the 25th month since the planned time of
completion of construction investment.
In case land is allocated or leased for implementing
the project according to the schedule, the land-use term extension of 24 months
shall apply to each land area allocated or leased as scheduled; the land-use
term extension of 24 months shall commence from the 25th month since the
planned time of completion of construction investment in such land area.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) A land user who has not used a land parcel in
more than 12 months or whose progress of land use falls over 24 months behind
schedule is required to file a written request for extension to the People’s
Committee competent to allocate or lease such land parcel.
People’s Committee competent to allocate or lease
the land parcel shall expropriate it 15 days after a competent authority's
written confirmation of the violation if the land user does not apply in
writing for extension;
dd) The Ministry of Finance of Vietnam shall
provide detailed regulations on calculation of land levies or land rents
payable for the land-use term extension of 24 months pursuant to Point i Clause
1 Article 64 of the Land Law.
3. Provincial People’s Committees shall review,
handle and publish on their websites investment projects that have failed to
put land into use for 12 consecutive months or have land use schedules 24 months
late compared with those stated in project documents; projects that have their
land-use terms extended; and projects that have late land use schedules due to
force majeure circumstances; and provide information to be published on the
websites of MONRE and the General Department of Land Administration.
4.[40] The period during which the land use
is affected by a force majeure circumstance shall be excluded from the land-use
term extension of 24 months as prescribed in Point i Clause 1 Article 64 of the
Land Law and in Article 15b in this Decree.
Based on regulations on force majeure circumstances
and actual implementation of investment projects in their province or city,
each chairperson of the provincial People’s Committee shall determine the
period during which each investment project is affected by force majeure
circumstances. In case a project involves two or more provinces or
central-affiliated cities, the MONRE shall consider deciding this period at the
requests of relevant provincial People’s Committees. Where necessary, opinions
of relevant Ministries and central-government authorities may be collected.
Article 15a. Land
expropriation in case of non-fulfillment of land user’s obligations [41]
Land expropriation against a land user's
non-fulfillment of obligations to the State pursuant to Point g Clause 1
Article 64 of the Land Law shall proceed if the land user does not or has not
fulfilled the payment of the land levies or land rents as per the laws and then
oppose competent authorities' coercion of financial obligations.
Article 15b. Land
expropriation against termination of investment projects pursuant to
regulations of law on investment [42]
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. If the State allocates an area of land and
charges the land levies or leases an area of land and collects the land rents
in lump sum for the entire duration of the lease, the land expropriation
proceeds as follows:
a) The investor can continue using the land area in
24 months from the date that the investment project terminates pursuant to
regulations of law on investment;
b) In 24 months from the date of termination of the
investment project as per regulations, the investor can transfer the LURs and
sell legitimate properties on the land area to another investor as per the
laws.
If the investor fails to transfer the LURs and sell
its legitimate properties on the land area to another investor after expiration
of the 24-month land-use term extension, the State shall expropriate the land
area without paying compensation for land or properties, except force majeure
circumstances specified in Clause 1 Article 15 of this Decree.
2. If the State leases the land area and collects
the land rents on an annual basis, the land expropriation shall proceed in the
following manner:
a) The investor can continue using the land area in
24 months from the date that the investment project terminates pursuant to
regulations of law on investment;
b) In 24 months from the date of termination of the
investment project as per regulations, the investor can sell legitimate
property on the land area to another investor as per the laws. The State shall
expropriate the land area from the seller of the property on the land area and
lease it to the buyer of such property.
If the investor fails to sell its legitimate
properties on the land area to another investor after expiration of the
24-month land-use term extension, the State shall expropriate the land area
without paying compensation for land or properties, except force majeure
circumstances specified in Clause 1 Article 15 of this Decree.
Article 16. Using land for implementing
investment projects through purchase of property on land, receipt of transfer
or lease of LURs or receipt of LURs as capital contribution [43]
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. These activities must conform to annual
district-level land use plans which have been already approved and announced.
2. There is none of cleared land available for
implementation of appropriate investment projects, except for projects in the
sectors or fields given investment incentives.
3. In case where business organizations receive
land through transfer, receipt of LURs as capital contribution or lease of
agricultural LURs to implement non-agricultural investment projects, they must
send written requests, made using Form No. 01 enclosed herewith, to provincial
Departments of Natural Resources and Environment. Within 15 days from the
receipt of the written request, the provincial Department of Natural Resources
and Environment shall report such request to the provincial People’s Committee.
Within 10 days from the receipt of the request from the provincial Department
of Natural Resources and Environment, the provincial People’s Committee shall
consider giving written approval or response to the business organization's
request for transfer or receipt of LURs as capital contribution or lease of
LURs.
The written approval from the provincial People's
Committee as prescribed in this Clause shall be valid for 36 months from the
day on which it is signed.
4. In case the land area used for implementation of
an investment project includes the land which the current land user has no
right to transfer, lease or provide as capital contribution in accordance with
the Land Law, but on which there is property, the investor may reach agreement
to purchase property on land with the current land user; and the State shall
expropriate land, and allocate or lease land to the investor not through
auction of LURs, bidding for the project with land use, or change the land use
purpose into land for investment project, and must determine specific land
prices for calculation of land levies or land rents as legally required.
Contents of the agreement on purchase and sale of land-attached property must
clearly state that the seller voluntarily returns the land so that the State
expropriate the land and then allocate or lease out the land to the purchaser.
5. In case the land parcel used for implementation
of an investment project includes the land area managed under the State’s delegation
as prescribed in Article 8 of the Land Law, the agricultural land area used for
public purposes, or the land area of which the land user has none of rights to
transfer, lease, or contribute it as capital contribution in accordance with
the Land Law, and on which no property is established, and which is alternated
with the land area acquired through transfer or leased or received as capital
contribution, the following provisions shall apply:
a) In case the land area meets requirements to be
split into an independent project, the competent People's Committee shall issue
a decision on land expropriation to allocate or lease it for implementation of
that independent project through an auction of LURs which is conducted as
prescribed. The auction of LURs must be conducted within 90 days from the day
on which the land expropriation decision is issued by the State;
b) In case the land area fails to meet requirements
to be split into an independent project, the provincial People's Committee
shall take into consideration the current use of land and local socio-economic
conditions to review and determine, in a detailed manner, the project size and
location, consider issuing the land expropriation decision to proceed to
allocation or lease of land for implementation of the investment project not
through the auction of LURs or the bidding for the project with land use, and
determine specific land prices for calculation of land levies or land rents as
prescribed;
c) Land expropriation, compensation, support, and relocation
activities specified in Points a and b of this Clause shall be subject to the
same regulations as those applied to the case in which the land is expropriated
for use for socio-economic development purposes, or in national and public
interests;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
6. In case the land area is used for implementation
of an investment project through the purchase of land-attached property,
receipt of transfer or lease of LURs, receipt of LURs as capital contribution
with different land use terms, the land use term shall be re-determined
according to the term of the investment project specified in Clause 3 Article
126 of the Land Law; where investment procedures are not required in accordance
with the Investment Law, the land use term shall be decided by the People's
Committee competent to allocate or lease land, but must not exceed 50 years. In
case of receipt of transfer of LURs over the land parcel which cannot used in a
stable and permanent manner, the land use term shall be re-determined as the
fixed and long term.
7. The use of land for implementing investment
projects through purchase of property on land, receipt of transfer or lease of
LURs or receipt of LURs as capital contribution shall only permitted in the
cases specified in Article 73 of the Land Law.
Article 17. Notification of land expropriation,
composition of coercive land expropriation board, expenses for coercive land
expropriation, settlement of complaints about coercive land expropriation
Notification of land expropriation, composition of
coercive land expropriation board, expenses for coercive land expropriation,
settlement of complaints about coercive land expropriation prescribed in
Articles 61 and 62 of the Land Law shall comply with the following provisions:
1. The natural resources and environment agency
shall submit a plan on land expropriation, investigation, surveys, measurement
and inventory to the same-level People’s Committee for approval. Such plan
includes the following contents:
a) Reason for land expropriation;
b) Area and location of the land parcel to be
expropriated as stated in the existing cadastral dossier or detailed
construction planning approved by a competent authority. In case the land is
expropriated according to the project implementation schedule, the land
expropriation schedule must be clearly stated;
c) Plan on investigation, surveys, measurement and
inventory;
d) Plan on relocation and resettlement;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. The land expropriation notice includes the information
prescribed in Points a, b, c and d Clause 1 of this Article.
3. A coercive land expropriation board is composed
of:
a) Chairperson or Vice Chairperson of the
district-level People’s Committee, as the leader;
b) Other members who are representatives of
district-level finance, natural resources and environment, inspection, justice
and construction agencies; the communal Fatherland Front Committee; the
organization in charge of compensation and land clearance tasks, and the
People’s Committee of the commune where the land is located, and some other
members as decided by the chairperson of the district-level People’s Committee.
4. Based on coercive land expropriation plan, the
public security force shall make plans to protect public order and safety during
the implementation of that plan.
5. When enforcing the land expropriation, if
coerced persons refuse to receive their property as prescribed in Point c
Clause 4 Article 71 of the Land Law, coercive land expropriation boards shall
hand over their property to communal People’s Committees for management in
accordance with law.
6. Persons whose land is expropriated and related
organizations and individuals are entitled to file complaints about the land
expropriation in accordance with the law on complaints.
Pending the issuance of a complaint settlement
decision, the land expropriation decision or coercive land expropriation
decision shall remain valid. In case a state authority competent to settle the
complaint reaches a conclusion that the land expropriation is unlawful, the
ongoing enforcement of land expropriation must be terminated immediately, the
issued land expropriation decision shall be invalidated, and compensations for
damage (if any) caused by the land expropriation decision must be paid.
In case the land expropriation is related to rights
and interests of other organizations and individuals in the use of land in
accordance with other relevant laws, the State shall have the rights to
expropriate land or enforce land expropriation decisions under regulations
before the rights and obligations related to the land use are completely
settled between persons whose land is expropriated and such organizations and
individuals in accordance with relevant laws.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. In order to participate in an auction of LURs,
an organization is required to meet the following requirements:
a) It is eligible for State's allocation or lease
of land as prescribed in Articles 55 and 56 of the Land Law. If a land parcel
or a project located in one or more land parcels under the cross ownership of
two (02) or more companies as prescribed by the Law on Enterprises is put up
for auction, only one company is entitled to participate in the auction;
b) It meets the conditions laid down in Clause 3
Article 58 of the Land Law, Clauses 2 and 3 Article 14 of this Decree;
c) It has to pay a refundable deposit equal to 20%
of total value of the land parcel or area which is determined using the
starting price of the auction of LURs;
d) It is not prohibited from participating in the
auction as prescribed by law;
dd) It meets the requirements laid down in the
Housing Law and the Law on Real Estate Business in case the LURs put up for
auction are used for implementing a housing project or another real estate
project.
2. In order to participate in an auction of LURs, a
household or individual is required to meet the following requirements:
a) They are eligible for State's allocation or
lease of land as prescribed in Articles 55 and 56 of the Land Law, and meet the
requirements laid down in Points c and d Clause 1 of this Article;
b) They must meet the requirements laid down in
Point a of this Clause and Points b and dd Clause 1 of this Article if the LURs
put up for auction are used for implementing an investment project.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) It meets the requirements laid down in Clause 1
Article 119 of the Land Law;
b) The starting price of the auction of LURs has
been decided by a competent authority;
c) Either an individual land parcel or multiple
land parcels are put up at an auction session to serve the implementation of
investment projects with land use [45];
d) A 1/500-scale detailed planning for the land
parcel used for implementing a housing project has been approved by a competent
authority.
4. After the information on the auction winner has
been made publicly available, the refundable deposit plus interests thereon (if
any) shall be converted into non-refundable deposit to secure the land user's
fulfillment of financial obligations.
The non-refundable deposit shall not be returned to
the auction winner that fails to pay or partially pays the winning bid as
prescribed in Point d Clause 5 Article 68 of this Decree. If the amount paid by
the auction winner is greater than the required deposit, the State shall refund
the difference as prescribed.
Chapter V
LAND REGISTRATION, ISSUANCE OF CERTIFICATES OF
LAND-USE RIGHTS AND OWNERSHIP OF HOUSE AND OTHER PROPERTY ON LAND
Article 18. Other documents on LURs specified in
Point g Clause 1 Article 100 of the Land Law
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Land registry logbooks and land survey logbooks
made before December 18, 1980.
2. Any of the documents made during the process of
land and paddy field registration under the Prime Minister’s Directive No.
299-TTg dated November 10, 1980 on surveys, classification and statistical
registration of land and paddy fields nationwide under the management of state
authorities, including:
a) Records of communal land and paddy field
registration councils, determining lawful land users;
b) Lists of lawful land users made by communal
People’s Committees, communal land and paddy field registration councils, or
district-level or provincial land authorities;
c) [46]
Application forms for registration of rights to use land and paddy field in the
absence of the documents defined in Point a and Point b of this Clause.
The date of an application form for registration of
rights to use land and paddy field shall be the date of filing or the date of
validation, if the dates are different, whichever is earlier;
d) [47]
The documents on the communal, district-level or provincial People's Committee’s
certification of registration of the land user’s LURs;
dd) [48]
The documents on housing declaration, which bears the confirmation of the
communal, district-level or provincial People's Committee and describes the
land area on which such housing is built;
e) [49]
The documents on national defense units’ allocation of housing land to their
officials and soldiers before October 15, 1993 pursuant to the Directive No.
282/CT-QP dated July 11, 1991 of the Minister of National Defense, provided
that such allocation is accorded with the planning of housing land for
officials and soldiers included in the national defense land planning approved
by competent authorities.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4. Documents of state-run agricultural and forest
farms on allocation of land to workers of these farms for building their houses
(if any).
5. Documents having contents on ownership of houses
and works; building and repair of houses and works certified or permitted by
district- or provincial People’s Committees or housing and construction
authorities.
6. Documents on temporary allocation of land by
district- or provincial People’s Committees; written requests for land use
approved by communal People’s Committees or agricultural cooperatives before
July 01, 1980, or approved by district- or provincial People’s Committees.
7. Documents issued by competent authorities on
allocation of land to authorities and organizations for allocation of land to
their officials, workers and employees for building houses on their own or for
building of houses to be distributed to their officials, workers and employees
with non-state budget funds or contributions of such officials, workers and
employees. In case houses are built using funding from state budget, such
houses shall be handed over to local housing authorities for management and
trading in accordance with law.
8. Copies of the documents specified in Article 100
of the Land Law and the documents specified in Clauses 2, 3, 4, 5, 6 and 7 of
this Article must bear certification of district- or provincial People’s Committees
or specialized regulatory authorities in case the original documents have been
lost and state authorities no longer keep records of the grant of such
documents.
9.[50] Provincial and district-level
Departments of Natural Resources and Environment shall be responsible for
providing land registry logbooks and land survey logbooks made before December
18, 1980 pursuant to Clause 1 of this Article from their archives to communal
People’s Committees and land users for land registration, and issuance of
certificates of LURs and ownership of house and other property on land.
Article 19. Entities ineligible for issuance of
certificates of land-use rights and ownership of house and other property on
land
1. Organizations or residential communities in
charge of managing land allocated by the State as prescribed in Article 8 of
the Land Law.
2. Persons who are managing and using agricultural
land belonging to the public-utility land funds of communes, wards or
commune-level towns.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4. Persons who receive land for use on a
contractual basis from agricultural or forestry farms, agricultural or forestry
enterprises, protective forest or reserve forest management boards.
5. Current land users that fail to meet eligibility
requirements for issuance of certificates of land-use rights and ownership of
house and other property on land.
6. Land users that have fully met eligibility
requirements for issuance of certificates of LURs and ownership of house and
other property on land but have received land expropriation notices or
decisions from competent authorities.
7. Organizations and communal People’s Committees
that are allocated land by the State without collecting land levies for the
purpose of construction of public facilities, including roads; water, petrol,
oil and gas pipelines; power transmission and information communication lines;
outdoor entertainment and recreation centers; cemeteries and graveyards for
non-commercial purposes.
Article 20. Issuance of certificates of LURs and
ownership of house and other property on land to households and individuals
that have been using land without any documents on LURs but have not committed
any violations against the Land Law
The issuance of certificates of LURs and ownership
of house and other property on land (recognition of LURs) to households or
individuals that have been stably using land since before July 01, 2004, but
possess none of the documents specified in Article 100 of the Land Law, Article
18 of this Decree, and do not fall into any of the cases specified in Clause 1
Article 101 of the Land Law and Article 23 of this Decree, must comply with the
following provisions:
1. For a household or individual that has been
using land on which there are house and other construction works built since
before October 15, 1993, and is now certified by the People’s Committee of
commune where such land is located that they are not involved in any land use
dispute, if the land use at the time of submission of an application for
certificates of LURs and ownership of house and other property on land is
conformable with the land use planning, detailed urban construction planning or
planning on construction of rural residential area or planning on construction
of new-style rural area (hereinafter referred to as “planning") approved
by a competent authority, or is unconformable with these plannings but has
started before these plannings are approved or takes place in a locality where
no planning is formulated, their LURs may be recognized as follows:
a) For a land parcel on which a residential house
exists and whose area is smaller than or equal to the area limit of residential
land recognition prescribed in Clause 4 Article 103 of the Land Law
(hereinafter referred to as “the residential land recognition limit”), the
whole area of the land parcel shall be recognized as residential land.
For a land parcel on which a residential house
exists and whose area is greater than the residential land recognition limit,
the residential land area to be recognized shall be equal to the residential
land recognition limit. In case the land area used for construction of
residential house and works serving daily life is greater than the residential
land recognition limit, the actual construction area shall be recognized as residential
land area;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) For a land parcel on which both residential
house and production, commercial or non-agricultural service construction work
exist and whose area is greater than the residential land recognition limit,
the residential land area shall be recognized as prescribed in Point a of this
Clause, and the remaining land area used for construction of that production,
commercial or non-agricultural service construction work shall be recognized as
Point b of this Clause;
d) The land area which remains upon determination
of land areas prescribed in Points a, b and c of this Clause shall be
determined as agricultural land and recognized under Clause 5 of this Article.
2. For a household or individual that has been
using land on which a residential house and other construction works exist
since October 15, 1993 to before July 01, 2004, and is now certified by the
People’s Committee of commune where such land is located that they are not
involved in any land use dispute, if their land use is conformable with
approved land use plannings, or is unconformable with these plannings but has
started before these plannings are approved or takes place in a locality where no
planning is formulated, and there is no land expropriation notice or decision
of a competent authority in case of compulsory land expropriation, their LURs
may be recognized as follows:
a) For a land parcel on which a residential house
exists and whose area is smaller than or equal to the area limit of residential
land allocation prescribed in Clause 2 Article 143 and Clause 4 Article 144 of
the Land Law (hereinafter referred to as “the residential land allocation
limit”), the whole area of the land parcel shall be recognized as residential
land.
For a land parcel on which a residential house
exists and whose area is greater than the residential land allocation limit,
the residential land area to be recognized shall be equal to the residential
land allocation limit. In case the land area used for construction of
residential house and works serving daily life is greater than the residential
land allocation limit, the actual construction area shall be recognized as
residential land area;
b) For a land parcel on which a production,
commercial or non-agricultural service construction work exists, the land of
non-agricultural production establishment, commercial or service land area
shall be recognized according to Point b Clause 1 of this Article;
c) For a land parcel on which both residential
house and production, commercial or non-agricultural service construction work
exist and whose area is greater than the residential land allocation limit,
residential land area and non-agricultural production establishment, commercial
or service land area shall be recognized according to Points a and b of this
Clause;
d) The land area which remains upon determination
of land areas prescribed in Points a, b and c of this Clause shall be
determined as agricultural land and recognized under Clause 5 of this Article.
3. In case a land parcel is jointly used by many
households and individuals, the residential land limit prescribed in Clauses 1
and 2 of this Article shall be the sum of individual residential land limits of
such households and individuals.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4. The application of local regulations on
residential land limits to determination of residential land areas in the cases
specified in Clauses 1, 2 and 3 of this Article must comply with regulations in
force at the time when land users submit valid applications for land
registration and issuance of certificates of LURs and ownership of house and
other property on land.
5. A household or an individual that has been
stably using land for the agricultural purpose since before July 01, 2004,
which is now certified by the communal People’s Committee to be dispute-free,
may have their LURs recognized as follows:
a) In case the household or individual is directly
engaged in agricultural production, they shall be issued with a certificate of
LURs and ownership of house and other property on land in the form of land
allocation by the State without collecting land levy for the land area
currently in use which must not exceed the agricultural land allocation limit
specified in Article 129 of the Land Law. The remaining agricultural land area
(if any) shall be treated as land leased by the State;
b) In case the household or individual is not
directly engaged in agricultural production, they shall be issued with a
certificate of LURs and ownership of house and other property on land in the
form of land lease by the State for the land area currently in use. The land
lease term must comply with Clause 2 Article 126 and Clause 4 Article 210 of
the Land Law;
c) For agricultural land area in the same parcel
with the residential house and other construction works which is not recognized
as non-agricultural land as prescribed in Clauses 1 and 2 of this Article, the
household or individual currently using land shall be issued with a certificate
of LURs and ownership of house and other property on land according to the
current use purpose in the case specified in Point a of this Clause. A land
user that wishes to repurpose their land into non-agricultural land shall
follow land repurposing procedures and pay land levies in accordance with
regulations of law.
6. Financial obligations arising from the issuance
of certificates of LURs and ownership of house and other property on land in
the cases specified in this Article shall be fulfilled in accordance with
regulations of law.
7. Households and individuals that currently use
land in the cases specified in Clauses 1, 2 and 5 of this Article but are
ineligible for issuance of certificates of LURs and ownership of house and
other property on land may temporarily use land in its current status until the
State expropriates land but shall make land declaration and registration as
prescribed.
Article 21. Grounds for stable land use
1. Stable land use means uninterrupted use of land
for a given purpose from the time of starting the use of land for such purpose
to the time of issuance of a certificate of LURs and ownership of house and
other property on land or to the time of issuance of a land expropriation
decision by a competent authority in case no certificate of LURs, certificate
of house ownership and residential LURs or certificate of LURs and ownership of
house and other property on land (hereinafter referred to as “certificate”) has
been granted.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Receipt of payment of agricultural land use
tax/house and land tax;
b) Written record or decision on imposition of
penalties for administrative violations concerning the land use or construction
of works on land;
c) Decision or judgment issued by a people’s court
which has taken legal effect or judgment enforcement decision issued by a
judgment enforcement agency which has been enforced regarding the property on
land;
d) A competent authority’s decision on settlement
of a land dispute which has taken legal effect; minutes of conciliation of a
land dispute bearing signatures of concerned parties and certification of the
People’s Committee of commune where the disputed land is located;
dd) Decision on settlement of a land use-related
complaint or denunciation issued by a competent authority;
e) [51]
Citizen Identity Card or ID card or birth certificate; receipts of payment of electricity
and water bills and other payments bearing the house address at the registered
land parcel. If residence-related information cannot be obtained from the
National population database, the certificate of residence-related information
shall be required.
g) Documents on assignment, allocation or
distribution of house or land by the authority or organization assigned by the
State to manage and use land;
h) Documents on purchase and sale of houses and
other property on land or documents on purchase and sale of land and transfer
of LURs bearing signatures of related parties;
i) Maps, land registry logbooks and documents on
land survey and measurement in different periods;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. In case the points of time of land use shown in
the documents specified in Clause 2 of this Article are inconsistent, the time
of starting stable land use shall be determined according to the document
showing the earliest date of land use.
4. In case none of the documents specified in
Clause 2 of this Article is available or they do not clearly state the time of
document establishment and land use purpose, there must be the communal
People’s Committee’s certification of the time of starting land use and land
use purpose based on opinions of persons who have once resided in the
residential area (village, hamlet or street quarter) where the land is located
from the time when the certification requester starts the land use.
Article 22. Handling and issuance of
certificates of LURs and ownership of house and other property on land to
households and individuals that have been using land against the Land Law
before July 01, 2014
1. In case of encroachment or occupation of land of
a public-facility protection corridor is encroached or occupied after the State
announces and puts up boundary landmarks of the corridor, or land of roads,
roadsides and pavements after the State announces construction red lines, or
land used for construction of offices of state authorities, service works or
other public facilities, the State shall expropriate land without issuing the
certificate of LURs and ownership of house and other property on land for encroached
or occupied land area.
In case, as a result of amendments to land use
plannings and construction plannings approved by competent authorities,
encroached or occupied land areas no longer belong to public-facility
protection corridors, lie within the redlined areas for construction of roads
or for construction of offices of state authorities, service works or other
public facilities, current land users may be considered for issuance of
certificates of LURs and ownership of house and other property on land and
shall fulfill financial obligations as prescribed by law.
2. Encroachment or occupancy of land areas which
have been allocated by the State without collecting land levies to state-run
agricultural or forestry farms, forest management boards, agricultural or
forestry centers, stations, farms or companies shall be handled as follows:
a) In case the encroached or occupied land areas
are planned for the protection and development of reserve forests or protective
forests, provincial People’s Committees shall direct the expropriation and
allocation of such land areas to forest management boards. Persons currently
using encroached or occupied land areas may be contracted by forest management
boards for performing forest protection and development tasks in accordance
with regulations of law on forest protection and development.
In case the forest management board is not
established, persons currently using encroached or occupied land areas may be
allocated such land areas by the State for the purpose of protection and
development of protective forests and be issued with certificates of LURs and
ownership of house and other property on land;
b) In case the encroached or occupied land areas
are planned for construction of public infrastructure facilities, provincial
People’s Committees shall direct the expropriation and allocation of such land
areas to investors for starting construction works.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) In case encroached or occupied land areas are
currently used for agricultural production or construction of residential house
and are not planned for protection and development of reserve forests or
protective forests or construction of public infrastructure facilities, current
land users may be considered for issuance of certificates of LURs and ownership
of house and other property on land.
Where land areas have been encroached or occupied
from July 01, 2004 to before July 01, 2014 and have been being used for
agricultural production but now are planned to be allocated to agricultural or
forestry farms for management and use, provincial People’s Committees shall
expropriate and allocate such land areas to agricultural or forestry farms.
3. Encroachment or occupancy of unused land areas
or land repurposing without permission of competent authorities in case such
permission is compulsory as prescribed in the Land Law shall be handled as
follows:
a) In case such land areas are planned for the
purposes specified in Articles 61 and 62 of the Land Law, the State shall
expropriate such land areas before projects or works are implemented or
constructed.
Current users of such land areas may continue their
land use until the State expropriates the land but shall preserve the current
land use status and make land declaration and registration as prescribed;
b) In case such land areas are used for the
purposes other than those specified in Point a of this Clause, provincial
People’s Committees shall direct the review and modification of land use
plannings; current land users may be considered for issuance of certificates of
LURs and ownership of house and other property on land.
4. Households and individuals currently using
self-reclaimed agricultural land areas which are conformable with land use
plannings approved by competent authorities and dispute-free may have their
LURs recognized by the State according to land limits set by provincial
People’s Committees. The land areas in excess of the land limit set by the
provincial People’s Committee shall be used as leased land.
5. If they are not involved in any land disputes,
stable land users in the cases specified in Clause 1, Points a and c Clause 2,
and Point b Clause 3 of this Article may be issued with certificates of LURs
and ownership of house and other property on land as follows:
a) [52]
In the event that a land parcel on which a residential house exists has been
being stably used before October 15, 1993, the recognized area of such land
parcel accords with the local residential land recognition limit. In the event
that the land parcel has been being stably used from October 15, 1993 to before
July 01, 2014, the recognized area of such land parcel accords with the local
residential land allocation limit;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) LURs over the land areas which are currently
used as agricultural land may be recognized under regulations applicable to the
cases specified in Clause 5 Article 20 of this Decree;
d) Land users that are issued with certificates of
LURs and ownership of house and other property on land as prescribed in this
Clause shall fulfill relevant financial obligations in accordance with
regulations of law.
Article 23. Issuance of certificates of LURs and
ownership of house and other property on land to households and individuals
that are allocated land ultra vires
1. Cases of allocation of land ultra vires to
households and individuals specified in this Article include cases in which land
areas are allocated by heads of residential quarters or communal People’s
Committees ultra vires under the Land Law in different periods; and cases in
which organizations themselves allocate or distribute land areas which they are
allocated or leased by the State for use to their officials, workers, employees
or members for building residential houses and other purposes.
2. In case land allocated ultra vires has been
being stably used since before October 15, 1993, and is dispute-free and
conformable with land use plannings, current land users may be issued with
certificates of LURs and ownership of house and other property on land for
allocated land areas under Clause 1 Article 20 of this Decree.
3. In case land allocated ultra vires has been
stably used in the period from October 15, 1993 to before July 01, 2014, and is
dispute-free and conformable with land use plannings, current land users may be
issued with certificates of LURs and ownership of house and other property on
land under Clause 2 Article 20 of this Decree.
For a land parcel on which gardens, ponds and house
or other construction works exist, the land area without house and other
construction works shall be determined as agricultural land according to the
current use status and the land user that wishes to change its land use to
non-agricultural land shall follow land repurposing procedures.
4. Land users that are issued with certificates of
LURs and ownership of house and other property on land as prescribed in Clauses
2 and 3 of this Article shall fulfill relevant financial obligations in
accordance with regulations of law.
5. The State shall not issue certificates of LURs
and ownership of house and other property on land for and shall fully
expropriate land areas allocated or leased ultra vires on and after July 01,
2014.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 24. Determination of residential land
areas upon issuance of certificates of LURs and ownership of house and other
property on land to households and individuals using land parcels on which
there are gardens, ponds and residential houses
1. Garden and pond land specified in Article 103 of
the Land Law means a land parcel on which both gardens, ponds and house exist,
including land parcels located inside and outside residential quarters in the
following cases:
a) A land parcel on which there are a residential
house and garden/pond;
b) A land parcel on which there are a residential
house and garden/pond as defined in any of the documents on LURs specified in
Clauses 1, 2 and 3 Article 100 of the Land Law and Article 18 of this Decree
but which is currently used for housing purpose.
2. Documents serving as basis for determination of
residential land areas under Clauses 2, 3 and 4 Article 103 of the Land Law are
those showing one or several use purposes, including housing or residential
land purpose.
3. For a land parcel on which there are garden/pond
and residential house built before December 18, 1980 and whose user is able to
present one of the documents on LURs specified in Clauses 1, 2 and 3 Article
100 of the Land Law and Article 18 of this Decree, in which the residential land
area is not yet defined, the residential land area to be recognized without
paying land levies shall be the actual area of the land parcel, in case the
land parcel’s area is smaller than five times the residential land allocation
limit, or equal to five times the residential land allocation limit, in case
the land parcel’s area is greater than five times the residential land
allocation limit in accordance with the Land Law.
4. If the land user applies for recognition of
residential land or other non-agricultural land with respect of the land area
which remains after determination of residential land area as prescribed in
Article 103 of the Land Law and Clause 3 of this Article and is currently used
as garden and pond land, he/she shall qualify for the certificate of LURs and
ownership of house and other property on land indicating such land use purpose
and incur financial obligations in accordance with regulations of law.
5. In case certificates for residential land
parcels on which there are gardens and ponds have been granted before July 01,
2014, residential land areas of households and individuals shall be determined
as follows:
a) If a household or individual has been using a
land parcel on which both garden/pond and residential house exist under a
certificate granted before July 01, 2014, the land area written in the granted
certificate shall be recognized as residential land area;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 24a. Issuance
of certificates of LURs and ownership of house and other property on land over
land area in excess of that specified in LURs document to household or
individual using respective land parcel [54]
If an actual area of the land parcel, when
re-measured, is larger than that specified in the issued certificate or one of
the LURs documents specified in Article 100 of the Land Law and Article 18 of
this Decree, and the actual land boundaries differ from those acknowledged upon
the issuance of the certificate or such a LURs document, the issuance of
certificate of LURs and ownership of house and other property on land over the
land area in excess shall proceed in the following manner:
1. If the additional area of land is acquired
through transfer, inheritance or donation of LURs for which a certificate has
been issued, the process occurs as follows:
a) Follow procedures for transfer, inheritance or
donation of the additional land area pursuant to Article 79 and Clause 2
Article 82 and procedures for replacement of the certificate, if issued, for
the original land parcel (without the additional area) pursuant to Article 76
of this Decree without any request for the land user’s procedures for land
merger. Land registration office shall be responsible for making a
certification on the application form for reissuance or replacement of the
certificate of LURs and ownership of house and other property on land over the
additional land area and for sending cadastral information to the relevant tax
authority, presenting documents for issuance of the certificate, updating and
revising cadastral documents and land database in regard to the entire land
area in use, delivering the certificate or sending it to the communal People's
Committee to which the application was filed for further delivery to the land
user;
b) Follow procedures for transfer, inheritance or
donation of the additional land area pursuant to Article 79 and Clause 2 of
Article 82 and procedures for initial certification of the original land parcel
pursuant to Article 70 of this Decree if the documents on the right to use the
original land parcel are available pursuant to Article 100 of the Land Law and
Article 18 of this Decree. Land registration office shall be responsible for
making a certification on the application form for issuance of the certificate
of LURs and ownership of house and other property on land over the additional
land area and for sending cadastral information to the relevant tax authority,
presenting documents for issuance of the certificate, updating and revising
cadastral documents and land database in regard to the entire land area in use,
delivering the certificate or sending it to the communal People's Committee to
which the application was filed for further delivery to the land user.
2. If the additional land area is acquired through
transfer, inheritance or donation of LURs before July 01, 2014 and the
documents on such LURs are available pursuant to Article 100 of the Land Law
and Article 18 of the Decree, the process occurs as follows:
a) Implement procedures for initial certification
of the additional land area pursuant to Article 70 and the procedure for
replacement of the certificate, if issued, for the original land parcel
pursuant to Article 76 of this Decree. Land registration office shall be
responsible for making a certification on the application form for reissuance
or replacement of the certificate of LURs and ownership of house and other
property on land over the additional land area and for sending cadastral
information to the relevant tax authority, presenting documents for issuance of
the certificate, updating and revising cadastral documents and land database in
regard to the entire land area in use, delivering the certificate or sending it
to the communal People's Committee to which the application was filed for
further delivery to the land user;
b) Follow procedures for initial certification
pursuant to Article 70 of this Decree for the entire area of land if the
documents on the right to use the original land parcel are available pursuant
to Article 100 of the Land Law and Article 18 of this Decree.
3. If the documents on the right to use the
additional land area are not available as stated in Article 100 of the Land Law
and Article 18 of this Decree, the process occurs as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) In the event that the additional land area was
gained by the land user’s violation of the land law before July 01, 2014, the
issuance of certificate of LURs and ownership of house and other property on
land for the additional land area shall proceed pursuant to Article 22 of this
Decree;
c) In the event that the additional land area was
allocated to the land user ultra vires before July 01, 2014, the issuance of
certificate of LURs and ownership of house and other property on land for the
additional land area shall proceed pursuant to Article 23 of this Decree;
d) The procedure for certification of the
additional land area adheres to Article 70 and the procedure for replacement of
the certificate, if issued, for the original land parcel adheres to Article 76
of this Decree. Land registration office shall be responsible for making a
certification on the application form for reissuance or replacement of the
certificate of LURs and ownership of house and other property on land over the
additional land area and for sending cadastral information to the relevant tax
authority, presenting documents for issuance of the certificate after the land
user’s fulfillment of financial obligations, updating and revising cadastral
documents and land database in regard to the entire land area in use,
delivering the certificate or sending it to the communal People's Committee to
which the application was filed for further delivery to the land user.
dd) The procedures for certification of the entire
area of land adheres to Article 70 of this Decree if the documents on the right
of use of the original land parcel are available as per Article 100 of the Land
Law and Article 18 of this Decree.
Article 25. Issuance of certificates of LURs and
ownership of house and other property on land to domestic organizations that
currently use land in cases other than those specified in Article 46 of this
Decree
1. Domestic organizations that currently use land
without certificates shall review and declare the current land use status and
report such land use to People’s Committees of provinces or cities where the
land is located.
2. Based on reports on current land use status of
the above organizations, People’s Committees of provinces or cities where the
land is located shall carry out physical inspection of the current land use
status and decide to take further actions as follows:
a) If the land area is currently used for proper
purposes, competent authorities shall determine the form of land use in
accordance with law and issue certificate of LURs and ownership of house and
other property on land. In case the organization uses land without any of the
documents specified in Article 100 of the Land Law and Article 18 of this Decree,
the form of land use specified in Articles 54, 55 and 56 of the Land Law shall
be applied, while the form of land use specified in Article 56 of the Land Law
shall be applied to land for construction of offices of socio-professional
organizations;
b) The land-use term, for which certificates of
LURs and ownership of house and other property on land are granted under Point
a of this Clause in case land users have documents on LURs specified in Article
100 of the Land Law and Article 18 of this Decree, shall be determined
according to such documents. In case land users have documents on LURs which do
not indicate a land-use term or indicate a land-use term which is not
conformable with the Land Law, the land-use term shall be determined under
Article 126 of the Land Law and counted from October 15, 1993, in case the land
use started from before October 15, 1993, or counted from the date of issuance
of land allocation or lease decision, in case the land use started since
October 15, 1993;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Land areas allocated by organizations to
households and individuals being their officials, workers and employees for
building residential houses shall be handed over to People’s Committees of
districts where the land is located, for management. Where residential land
areas are currently used in conformity with land use plannings, certificates of
LURs and ownership of house and other property on land shall be granted to
current land users who shall incur financial obligations prescribed by law;
dd) For disputed land areas, provincial People’s
Committees shall definitely settle such disputes in order to identify land
users in accordance with law.
Article 26. Issuance of certificates of LURs and
ownership of house and other property on land over land areas for construction
of urban areas, rural residential areas or production and business areas with
multiple land use purposes
1. If a land parcel has been allocated to an
investor for implementing an urban area or rural residential area construction
project which is comprised of while different work items or uses land for
multiple purposes as prescribed in Article 10 of the Land Law, the location and
area of land used for each purpose shall be determined and the issuance of
certificate of LURs and ownership of house and other property on land shall be
subject to the following provisions:
a) Certificate of LURs and ownership of house and
other property on land shall be granted for each land parcel used for a given
purpose in conformity with the detailed construction planning approved by a
competent authority;
b) The land area used for construction of public
facilities serving the community’s common interests inside and outside the
urban area or rural residential area under the investment project and approved
detailed construction planning shall be handed over to local governments for
management without being granted certificate of LURs and ownership of house and
other property on land.
c) [55]
The investor of an apartment building mixed with office, service and commercial
space, if qualifying and applying, shall be bestowed the certificate of LURs
and ownership of house and other property on land over one or multiple
apartments, offices, service and commercial space under its ownership.
2. For a land parcel allocated to an investor for
implementing a production and business project which is comprised of land areas
used for different purposes, a single certificate of LURs and ownership of
house and other property on land, which clearly indicates the location and area
of land used for each purpose as prescribed in Article 10 of the Land Law,
shall be granted to the investor for the entire area of the land parcel.
Certificate of LURs and ownership of house and other property on land, if requested
by the investor, may be issued for each land parcel used for a given purpose in
accordance with the Land Law and the approved detailed construction planning.
Article 27. Issuance of certificate of LURs and
ownership of house and other property on land over land parcels on which
historical-cultural monuments or scenic spots exist
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. If the historical-cultural monument or scenic
spot exists on an independent land parcel which has been being used by an
authority, organization, residential community, household or individual,
certificate of LURs and ownership of house and other property on land shall be
issued to that land user.
2. If the historical-cultural monument or scenic
spot exists on a land parcel which is used by multiple entities and comprised
of different land types, certificate of LURs and ownership of house and other
property on land shall be issued to each land user and for each land type. All
land users must comply with regulations on protection of historical-cultural
monuments or scenic spots.
Article 28. Issuance of certificates of LURs and
ownership of house and other property on land for land areas used by religious
establishments
1. Religious establishments that are using land
areas on which there are pagodas, churches, chancels, monasteries, abbeys,
religious schools, head offices of religious organizations or other religious
establishments licensed by the State but have not yet been granted certificates
of LURs and ownership of house and other property on land shall themselves
review and declare their land use and submit reports thereon to provincial
People’s Committees. Such a report shall, inter alia, include:
a) Total land area currently used;
b) Religious establishment’s land areas classified
by origin: land area allocated by a competent authority; land area acquired
from transfer; land area donated; land areas borrowed from organizations,
households or individuals; land area created by the religious establishment
itself; and land areas of other origins;
c) Land areas lent, lent for residence, or leased
by the religious establishment to organizations, households or individuals;
d) Land areas encroached upon or occupied by other
persons.
2. Each People’s Committees of province or city where
the land is located shall conduct field inspection, determine specific
boundaries of the land parcel, and make decision as follows:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) For a land area which was used by an
organization, household or individual in the period from October 15, 1993 to
before July 01, 2004, decision shall be made as in the case in which a
household or individual uses land borrowed or leased from others in accordance
with the Land Law;
c) For land areas of the religious establishment
which have been expanded without permission of a competent authority; are
encroached upon or occupied; or are under dispute, these matters must be
definitely settled in accordance with law.
3. The religious establishment shall be issued with
the certificate of LURs and ownership of house and other property on land for
its land area which remains after settled as prescribed in Clause 2 of this
Article and meets the requirements laid down in Clause 4 Article 102 of the
Land Law in the form of land allocation without collecting land levies for a
long and stable use term.
For land areas currently used by religious
establishments for the purpose of agricultural production, forestry production
or non-agricultural production and business, or used for charitable
establishments (including land areas acquired through transfer or donated
before July 1, 2004), certificates of LURs and ownership of house and other
property on land shall be granted in a form and with a land-use term
corresponding to such purpose as for households and individuals.
Article 29. Issuance of certificates of LURs and
ownership of house and other property on land for land parcels whose areas are
smaller than prescribed minimum area
1. If a land parcel was formed before the effective
date of the relevant provincial People’s Committee’s document on the minimum
area of a land parcel eligible for splitting or subdivision and is smaller than
the minimum area prescribed by the provincial People’s Committee but fully
satisfies the conditions for certificate of LURs and ownership of house and
other property on land, the current land user shall be issued with such a
certificate.
2. Notarization, certification and grant of
certificate of LURs and ownership of house and other property on land, and
carrying out of procedures to exercise the rights of land users are not allowed
in case land users arbitrarily divide the land parcels already registered and
granted with the certificates into two or more smaller land parcels at least
one of which is smaller than the minimum area prescribed by the provincial
People’s Committee.
3. In case land users simultaneously apply for
splitting of a land parcel whose area is smaller than the prescribed minimum
area and for consolidation of this land parcel with another adjacent one to
form a new land parcel whose area is equal to or larger than the minimum area
of a land parcel eligible for splitting, they shall be allowed to split and
consolidate the land parcels simultaneously and shall be granted a certificate
of LURs and ownership of house and other property on land for the new land
parcel.
Article 30. Issuance of certificates of LURs and
ownership of house and other property on land for a land parcel located in
different administrative units
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. In case a user’s land is located in different
communes, wards and commune-level towns but falls within the competence of
different certificate-issuing authorities, a certificate of LURs and ownership
of house and other property on land shall be granted for each land parcel
falling within the competence of each certificate-issuing authority.
Article 31. House ownership certification
House owners eligible to own houses under the
housing law and possessing papers proving their lawful formation of houses may
have their house ownership certified according to the following provisions:
1. Vietnamese households and individuals must
possess one of the following papers:
a) [56]
Residential house construction permit or definite-term residential house
construction permit which is required in cases where construction permits is
mandatory under the construction laws.
In case any house is built in contravention of the
issued construction permit, a written certification given by the authority
issuing the construction permit that the construction area in breach of the
permit has not threatened safety of works and are now consistent with the
construction planning scheme approved by a competent authority;
b) Contract on purchase and sale of a state-owned
house under the Government’s Decree No. 61/CP of July 05, 1994, on purchase,
sale and trading of houses, or paper on liquidation or sale of a state-owned
house before July 05, 1994;
c) Paper on handover or donation of a gratitude or
great-unity house;
d) Paper on house ownership, granted by competent
authorities in different periods while such house is not subject to
entire-people ownership establishment by the State under the 11th National
Assembly’s Resolution No. 23/2003/QH11 of November 26, 2003, on houses and land
managed and arranged by the State for use during the implementation of housing
and land management policies and socialist reform policies before July 01,
1991, and the National Assembly Standing Committee’s Resolution No.
755/2005/NQ-UBTVQH11 of April 02, 2005, on the settlement of specific house-
and land-related cases during the implementation of housing and land management
policies and socialist reform policies before July 01, 1991;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
For a house purchased, donated, exchanged or
inherited from July 1, 2006, a paper on such transaction is required under the
housing law.
For a house purchased from an enterprise building
houses for sale, a contract on house purchase and sale signed between the
purchaser and the seller is required;
e) Legally effective judgment or decision of the
people’s court or paper of the state agency competent to permit house
ownership;
g) An applicant for house ownership certification
that possesses one of the papers specified at Points a, b, c, d, dd and e of
this Clause which bears the name of another person is required to possess one
of the papers on house purchase and sale, donation, exchange or inheritance
before July 01, 2006, signed by the related parties and certified by the
communal People’s Committee; for a house purchased, donated, exchanged or
inherited before July 01, 2006, without a paper on such purchase, donation,
exchange or inheritance signed by the related parties, the communal People’s Committee’s
certification of the time of purchase, donation, exchange or inheritance of
such house is required.
In case an applicant for house ownership
certification possesses one of the papers specified at Points a, b, c, d, dd
and e of this Clause which indicates the house conditions inconsistent with the
current conditions of the house, the communal People’s Committee’s
certification is required for the part of the house inconsistent with the paper
as in the case prescribed at Point h of this Clause;
h) A Vietnamese individual who possesses none of
the papers specified in Points a, b, c, d, dd and e of this Clause shall obtain
the communal People’s Committee’s written certification that the house was
completely built before July 01, 2006, before the land use planning or
construction plan was promulgated, or complied with the planning in case the
house was built after the land use planning, the detailed urban construction
plan or planning on construction of rural residential areas was promulgated
under law. For a house completely built since July 01, 2006 onwards, the
communal People’s Committee’s written certification that the house is not
subject to construction permit and satisfies the planning conditions like
houses built before July 01, 2006, is required; for a house which was subject
to construction permit but was built without such permit, the district-level
construction management agency’s written approval of the existence of such
house is required.
2. Overseas Vietnamese owning houses in Vietnam
must possess the following papers:
a) Paper on house purchase and sale, donation,
inheritance or ownership in another form under the housing law;
b) One of the papers of the transferor as
prescribed in Clauses 1 and 3 of this Article.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) In case houses are built for commercial
purposes, one of the papers on projects on commercial housing development
(project approval decision, investment decision, investment license and
investment certificate) is required;
b) In case of purchase, donation, inheritance or
ownership of houses in another form as prescribed by law, a paper on such
transaction is required in accordance with the housing law;
c) For houses which were built in contravention of
the papers specified in Points a and b of this Clause, written certification
given by the authority competent to issue the construction permit that the construction
area in breach of such papers has not threatened safety of works and is now
consistent with the construction planning approved by a competent authority (if
any) is required.
4. In case house owners are not land users, in
addition to the papers on house ownership as specified in Clauses 1, 2 and 3 of
this Article, a lawfully notarized or certified land lease contract, capital
contribution contract, business cooperation contract or written approval of
house construction given by the land user and copies of LURs documents as
prescribed in the Land Law are required.
Article 32. Certification of ownership of
non-residential construction facilities
Owners of non-residential construction facilities
may have their ownership certified according to the following regulations:
1. Vietnamese households, individuals and
residential communities must possess one of the following papers:
a) [57]
Construction permit or definite-term construction permit which is required in
cases where the construction permit is mandatory under the construction law.
In case any work is built in contravention of the
issued construction permit, a written certification given by the authority
issuing the construction permit that the construction area in breach of the
permit has not threatened safety of works and are now consistent with the
construction planning scheme approved by a competent authority;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Notarized or certified paper on purchase and
sale, donation or inheritance of the construction facility as prescribed by
law;
d) Legally effective paper of the people’s court or
a competent authority proving the ownership of the construction facility;
dd) An applicant for construction facility
ownership certification who possesses one of the papers specified in Points a,
b, c and d of this Clause which bears the name of another person is required to
possess one of the papers on purchase and sale, donation, exchange or
inheritance of construction facility before July 01, 2004, signed by the
related parties and certified by the communal or higher-level People’s
Committee; in case of purchase, donation, exchange or inheritance of
construction facility before July 01, 2004, without a paper on such purchase,
donation, exchange or inheritance signed by the related parties, the communal
People’s Committee’s certification of the time of purchase, donation, exchange
or inheritance of the construction facility in the application for a
certificate of LURs and ownership of house and other property on land is
required.
In case an applicant for construction facility
ownership certification possesses one of the papers specified in Points a, b,
c, d, dd and e of this Clause which indicates the conditions of the
construction facility inconsistent with the current conditions of that
construction facility, the communal People’s Committee’s certification is
required for the part of the construction facility inconsistent with the paper
as in the case prescribed at Point h of this Clause;
e) A Vietnamese individual who possesses none of
the papers specified in Points a, b, c, d, dd and e of this Clause shall obtain
the communal People’s Committee’s written certification that the construction
facility was completely built before July 01, 2004, before the land use
planning or construction planning was promulgated, or complied with the
planning in case the construction facility was built after the land use
planning or construction planning is promulgated, is required.
For a construction facility completely built since
July 01, 2004, the communal People’s Committee’s certification that the
facility is not subject to construction permit and satisfies the planning
conditions as for facilities built before July 01, 2004, is required; for a
construction facility which was subject to construction permit but was built
without such permit, the district-level construction management agency’s
written approval of the existence of such facility is required.
2. Domestic organizations, religious
establishments, foreign organizations, foreign individuals and overseas
Vietnamese must possess papers prescribed below:
a) In case of construction of new facilities under
law, the project approval decision, project investment decision, investment
license, investment certificate or construction permit granted by a competent
authority and the LURs documents under the Land Law or the land lease contract
with the land user indicating the land use purpose conformable with the
facility construction purpose, are required;
b) In case of purchase and sale, donation,
exchange, inheritance or acquisition of the construction facility in another
form as prescribed by law, a lawful paper on such transaction is required;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) If a construction facility has been built in
contravention of the papers specified in Points a, b and c of this Clause, a
written certification given by the authority competent to issue construction
permit after it has conducted an inspection that the construction area in breach
of such papers has not threatened safety of the facility and is now
consistent with the construction planning approved by a competent authority is
required.
3. In case construction facility owners are not
land users, in addition to the papers on construction facility ownership as
specified in Clauses 1 and 2 of this Article, the lawfully notarized or
certified written approval of the construction of the facility given by the
land user and copies of LURs documents under the Land Law are required.
4.[58] In the event that a project comprises
various work items as defined in the decision on approval of investment
project, the decision on project investment, the investment license, the
investment certificate, the certificate of investment registration issued by a
competent authority, the decision on approval of the detailed construction planning
and/or the construction permit, the investor, if qualifying and applying, shall
be bestowed by the competent authority the certificate of LURs and ownership of
house and other property on land over each work item or each area in a work
item.
5.[59] If a construction facility which is
built on commercial and service land and used as a tourist accommodation
establishment as prescribed in the Tourism Law meets relevant conditions laid
down in the Land Law, the Construction Law and the Real Estate Business Law, a
certificate of ownership of construction facility built on land for commercial
and service purposes shall be granted with a land use term prescribed in Clause
3 Article 126, Clause 1 Article 128 of the Land Law. The construction facility
owner shall assume legal responsibility for satisfaction of relevant conditions
laid down in the Land Law, the Construction Law and the Real Estate Business
Law.
Certification of construction facility ownership as
prescribed in this Clause adheres to the provisions of Clauses 1, 2, 3 and 4 of
this Article. Information on the land parcel, including the land use purpose
and term, must be exactly stated in the certificate in accordance with
regulations of law.
Article 33. Certification of ownership of
planted production forests
Owners of planted production forests for which
funding used for covering cultivation costs, making payment for acquisition of
forests or to the State upon allocation of forests with land levies is not
derived from the state budget may have their ownership certified if they
possess one of the following documents:
1. Certificate or one of the documents specified in
Article 100 of the Land Law and Article 18 of this Decree, which indicates the
fact that the State allocates or leases land or recognizes LURs for planting
production forests;
2. Documents proving the allocation of planted
production forests;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4. Legally effective judgment or decision of the
people’s court or paper of a competent authority on the ownership of planted
production forests;
5. In case a household, individual or residential
community has none of the papers specified in Clauses 1, 2, 3 and 4 of this
Article but has planted production forests using their own funding, the land
registration office’s certification that they have satisfied eligibility
requirements for the LURs recognition as prescribed in the Land Law is required;
6. For domestic organizations that implement
projects on planting of production forests using funding sources other than
that derived from the state budget, the project approval decision, project
investment decision, or investment certificate for planting of production
forests under the Investment Law is required;
7. For foreign-invested enterprises or overseas
Vietnamese that implement projects on planting of production forests, the
project approval decision, project investment decision, investment license or
investment certificate for planting of production forests under the Investment
Law is required;
8. In case owners of planted production forests are
not land users, in addition to the papers specified in Clauses 1 thru 7 of this
Article, the legally notarized or certified written approval of the use of land
for forest planting given by the land user and copies of LURs documents as
prescribed in the Land Law are required.
Article 34. Certification of ownership of
perennial plants
Owners of perennial plants may have their ownership
certified if they possess one of the following papers:
1. Certificate or one of the papers specified in
Article 100 of the Land Law and Article 18 of this Decree, which indicates that
the State allocates or leases land or recognized the LURs for planting of
perennial plants as suitable to the land use purposes indicated in such
certificate or paper;
2. Lawfully notarized or certified contract or
document on purchase and sale, donation or inheritance of perennial trees;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4. In case a household, individual or residential
community has none of the papers specified in Clauses 1, 2, 3 and 4 of this Article,
the land registration office’s certification that they have satisfied
eligibility requirements for the LURs recognition as prescribed in the Land Law
is required;
5. For domestic organizations, the project approval
decision, project investment decision, investment certificate or investment
license for planting of perennial plants under the Investment Law is required;
6. In case owners of perennial plants are not land
users, in addition to the papers specified in Clauses 1 thru 5 of this Article,
a legally notarized or certified written approval of the use of land for
planting perennial plants given by the land user and copies of LURs documents
prescribed in the Land Law are required;
7. The Ministry of Agriculture and Rural
Development of Vietnam shall play the leading role and cooperate with MONRE in
stipulating types of perennial plants whose ownership is to be certified.
Article 35. Property on land ineligible for
ownership certification upon issuance of certificates of LURs and ownership of
house and other property on land
Ownership of property on land shall not be
certified in one of the following cases:
1. Property on land parcels which fail to fully
satisfy the conditions for issuance of certificates of LURs and ownership of
house and other property on land as prescribed in the Land Law and this Decree;
2. Houses or other construction facilities which
are temporarily built during the construction of main facilities or which are
built with bamboo, leaf or earth; and auxiliary facilities which are located
outside the premises of main facilities and serve the management, use and
operation of main facilities;
3. Property on land for which competent authorities
have issued clearance, house demolition or land expropriation
notices/decisions;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. State-owned property, except property already
determined as state capital contributions to enterprises under guidelines of
the Ministry of Finance of Vietnam;
6. Property on land not falling in the cases
eligible for ownership certification as prescribed in Articles 31, 32, 33 and
34 of this Decree;
7. Property acquired as a result of unlawful land
repurposing.
Article 36. Issuance of LURs and ownership of
house and other property on land in case State’s decisions on management of
land and property on land had been issued but have not yet been implemented
Households and individuals that are currently using
land and property on land for which state authorities’ decisions on management
of such land and property had been issued during the implementation of state
policies but have not yet actually been implemented, may continue using them
and may qualify for issuance of certificates of LURs and ownership of house and
other property on land in accordance with law.
Article 37. Issuance of certificates in cases
specified in Clause 4 Article 95, Clause 3 Article 105 of Land Law [61]
1. For localities where land registration offices
are established as prescribed in Clause 1 Article 5 of this Decree, issuance of
certificates and making of endorsements in the issued certificates shall comply
with the following provisions:
a) Land registration offices shall take charge of
issue, and make endorsements in, certificates to religious establishments,
organizations; overseas Vietnamese implementing investment projects; foreign
organizations, individuals; foreign-invested enterprises;
b) Land registration offices or their branches
shall take charge of issue, and make endorsements in, certificates to
households, individuals, residential communities, overseas Vietnamese eligible
to own residential houses associated with rights to use residential land in
Vietnam;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. For localities where land registration offices
are yet to be established as prescribed in Clause 1 Article 5 of this Decree:
a) Provincial Departments of Natural Resources and
Environment shall issue certificates to religious establishments,
organizations; overseas Vietnamese implementing investment projects; foreign
organizations, individuals; foreign-invested enterprises;
b) District-level People's Committees shall issue
certificates to households, individuals, residential communities, overseas
Vietnamese eligible to own residential houses associated with rights to use
residential land in Vietnam.
3. In case a provincial Department of Natural
Resources and Environment takes charge of issuing certificates of LURs and
ownership of house and other property on land with authorization from the
relevant provincial People's Committee as prescribed in Clause 1 Article 105 of
the Land Law, the seal of the former shall be used.
4. MONRE shall stipulate cases where certificates
of LURs and ownership of house and other property on land will be issued upon
registration of changes in land and property on land, and making of
endorsements in issued certificates
Chapter VI
USE OF LAND OF VARIOUS TYPES
Section 1. GENERAL PROVISIONS
Article 38. Use of state-allocated land by
economic organizations for creating capital for infrastructure construction
under projects or use of land acquired from winning at LURs auctions before
July 01, 2004
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Economic organizations that have been using land
acquired from winning at the LURs auction before July 01, 2004, for which the
land use term has not yet been determined, may continue using such land for a
long and stable term.
Article 38a. Lease
of property on land parcels rented or sub-rented on annual rental basis[61]
1. Business organizations, overseas Vietnamese,
foreign-invested enterprises, households and individuals renting land from the
State on annual rental basis or renting or sub-renting land in industrial parks,
export processing zones, industrial clusters or handicraft villages on annual
rental basis, after having obtained relevant certificates of LURs, can lease
property legally built on such land as per the laws if the requirements
pursuant to the regulations of Law on Real Estate Business are satisfied in
full. Property renters shall employ them for the purposes defined in
competent authorities' decisions on land lease or in the signed contracts for
land lease or land sublease.
2. Self-financed public service providers renting
land from the State on annual rental basis or renting or sub-renting land in
industrial parks, export processing zones, industrial clusters or handicraft
villages on annual rental basis, after having obtained relevant certificates of
LURs, can lease the property on such land as per the regulations of the Land
Law and the Law on management and use of state-owned property. The
property renters are required to use the land for appropriate purposes.
Article 39. Transfer of LURs as capital
contributions
1. Foreign-invested enterprises may receive
transfer of LURs as capital contributions from enterprises that have been using
land allocated by the State with collecting land levies or leased by the State
with making lump-sum rental payment for the entire lease period while the value
of LURs has been included in the capital of enterprises, except transfer of
LURs over agricultural production land or forest land as capital
contributions.
2. When transferring capital contributions,
enterprises or their owners shall determine the value of LURs in the total
amount of capital transferred, and shall fulfill tax, charge and fee
obligations in accordance with law.
3.[63] Foreign-invested enterprises that use
land acquired through transfer of LURs as capital contributions pursuant to
Point b Clause 1 Article 169 of the Land Law shall have the rights and duties
defined in Clause 3 Article 183 of the Land Law.
Article 40. Conditions for transfer or donation
of LURs of ethnic minority households and individuals that use land allocated
by State under support policies
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Organizations and individuals may not receive
LURs transferred or donated by ethnic minority households or individuals that
use land allocated by the State under support policies if the latter do not
fall in the cases eligible for transfer or donation of LURs as prescribed in
Clause 1 of this Article.
Article 41. Conditions for transfer of LURs
under investment projects on construction of houses for sale or for combined
sale and lease[64]
1. In order to obtain permission for transfer of
LURs in the form of sale of these pre-divided land lots, investment projects on
construction of residential houses for sale or for combined sale and lease must
satisfy the following conditions:
a) Project investors must complete the construction
of infrastructure facilities, including service, technical and social
infrastructure facilities under the approved 1:500-ratio detailed plannings,
ensuring the interconnection to the common infrastructure systems of the areas
before transferring LURs to people to build residential houses at their
discretion; and ensuring essential utilities and amenities, such as
electricity, water supply, water drainage and waste collection, must be
provided;
b) Project investors shall fulfill all of their
financial obligations related to the projects’ land, such as land levies, fees
or land rents; land-related taxes, charges and fees (if any);
c) The projects completed for such transactions
must be located in areas or cities where LURs may be transferred in the form of
sale of pre-divided land lots as provided in Clause 2 of this Article;
d) They must meet other conditions prescribed in
laws on urban zoning, construction and development, real estate and residential
house business activities.
2. Investors of projects on construction of
residential houses for sale or for combined sale and lease may transfer LURs in
the form of sale of pre-divided land lots in the areas outside the special or
grade-I centrally-affiliated cities; areas with strict requirements concerning
landscape architecture, downtown areas, and proximities of facilities that
serve as prominent architectural points of cities; frontages of regional- or
higher-level roads and main landscape roads in cities.
3. Provincial People's Committees shall be
responsible for publicly announcing the areas where the housing construction
and trading projects implemented for sale or for combined sale and lease are
permitted for transfer in the form of sale of pre-divided land lots before allowing
investment projects to be executed.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 42. Conditions for transfer of LURs
associated with transfer of part or whole of investment projects on house
construction and trading
The transfer of LURs associated with the transfer
of part or the whole of investment projects on construction and trading of
houses must satisfy the following conditions:
1. All the conditions prescribed in Clause 1
Article 188 of the Land Law;
2. Project investors shall fulfill all of their
financial obligations related to the projects’ land, such as land levies, fees
or land rents; land-related taxes, charges and fees (if any);
3. Transferees of LURs associated with part or the
whole of investment projects on construction and trading of houses conduct
relevant business lines and satisfy the conditions prescribed in Article 58 of
the Land Law and Articles 13 and 14 of this Decree.
Article 42a. Conditions
for transfer of LURs associated with transfer of an investment project, in part
or in full, which does not construct housing or infrastructure for sale or for
lease[65]
The transfer of LURs associated with the transfer
of an investment project, in part or in full, which does not construct housing
or infrastructure for sale or for lease shall be subject to the regulations of
Laws on Investment and Real Estate Business and the following conditions:
1. All the conditions prescribed in Clause 1
Article 188 of the Land Law;
2. Project investors shall fulfill all of their
financial obligations related to the projects’ land, such as land levies, fees
or land rents; land-related taxes, charges and fees (if any) in the following
manner:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) If the investor transfers a part of the
investment project, it shall fulfill financial obligations regarding the land
areas on transfer.
3. The transferees of the LURs transferred in
association with the partial or full transfer of an investment project shall
meet the requirements defined in Article 58 of the Land Law, Article 13 and
Article 14 of this Decree and are required to use the land for appropriate
purposes.
Article 43. Land use in regard to purchase, sale
or transfer of capital contributions or shares in enterprises or equitization
of state-owned enterprises[66]
1. The use of land with regard to the purchase,
sale or transfer of a company’s capital contributions or shares, which include
LURs and/or property on land, shall proceed in the following manner:
a) If a enterprise’s capital contributions or
shares, which include LURs and/or property on land, are purchased, sold or
transferred without any change in the land users and/or the owners of the
property on land, the procedure for registration of changes in land and
property on land;
b) If an enterprise’s capital contributions or
shares, which include LURs, are purchased, sold or transferred with changes in
the land users and/or the owners of property on land, the enterprise shall
proceed with the procedures for LURs transfer and for registration of changes
in land and property on land with competent authorities and fulfill financial
obligations as per regulations in 30 days from the date of purchase, sale or
transfer of the enterprise’s capital contributions or shares. The land use term
for a foreign-invested enterprise shall match the duration of its investment
project(s) but shall not exceed the limit defined in Clause 3 Article 126 of
the Land Law;
c) The value of LURs apportioned to an enterprise’s
state-held capital contributions or shares purchased, sold or transferred shall
be determined pursuant to the regulations of the Land Law, the Law on the
management and use of state capital invested into enterprises’ production and
business, and the Law on equitization of state-owned enterprises.
The value of LURs shall be re-computed according to
the prices of land on transfer upon the purchase, sale or transfer of state-held
contributions or shares as stated in this Article. The purchase, sale or
transfer of capital contributions or shares shall adhere to the regulations of
the Land Law and the Law on management and use of state capital invested into
enterprises’ production and business.
2. The management and use of land upon the
equitization of a state-owned enterprise shall proceed in the following manner:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The land use plan of the equitized enterprise shall
be part of the documentation presented to competent authorities for approval of
the equitization plan and shall proceed publicly as per the laws;
b) In 60 days upon the issuance of the initial
certificate of business registration, the joint-stock company shall be
responsible for implementing the procedures for the government's allocation or
lease of land and for the issuance of certificates of LURs and ownership of
house and other property on the land as per the laws.
If the state-owned enterprise uses land parcels
allocated by the State without collecting land levies, the joint-stock company
may still use such land parcels under a lease contract if such company
qualifies for leasing land from the State pursuant to the Land Law. Otherwise,
the State shall allocate land to the joint-stock company, if eligible, on
land-levy basis. The land prices at which the State leases or allocates
land shall be specified upon the competent authorities’ decisions on land
allocation or land lease. The land use term shall commence on the date
that the decision on land allocation or land lease is issued to the joint-stock
company. The joint-stock company shall be liable for paying the land
levies or land rents as per the laws.
The joint-stock company can continue renting the
land parcels leased by the State to the state-owned enterprise on annual rental
basis or on lump-sum rent payment or land parcels which had been originally
rented out by the State on lump-sum rent payment before they were transferred to
the state-owned enterprise for the remaining duration of the lease. The
joint-stock company shall be responsible for implementing the procedure for
land lease and re-signing of land rent contract(s) with competent authorities
in 60 days upon the issuance of the initial certificate of business
registration. The payments that the state-owned enterprise made for its receipt
of the LURs on transfer shall be handled pursuant to the regulations of the
Land Law and the Law on equitization.
The joint-stock company, upon its equitization,
shall proceed to rent the land parcels which had been allocated by the State on
land-levy basis or which had been allocated by the State on land-levy basis and
then transferred to the state-owned enterprise if it qualifies for renting such
land parcels pursuant to the 2013's Land Law. The payments that the state-owned
enterprise made for the State’s allocation of the land or for the enterprise’s
receipt of the LURs on transfer shall be handled pursuant to the regulations of
the Land Law and the Law on equitization.
The joint-stock company, upon its equitization,
shall proceed to use the land parcels, in their allocated form, which have been
allocated by the State on land-levy basis if it qualifies for using such land
parcels on land-levy basis pursuant to the 2013's Land Law. Likewise, the
joint-stock company, upon its equitization, shall proceed to use the land
parcels, in their allocated form, which had been allocated by the State on
land-levy basis before transferred to the state-owned enterprise.
c) The valuation of the LURs upon the equitization
of the state-owned enterprise shall proceed as per the regulations of the Land
Law and the Law on equitization of state-owned enterprises; however, it shall
adhere to the principle that the land price for valuation of LURs is specified
by the relevant provincial People's Committee pursuant to Clause 3 and Point d
Clause 4 Article 114 of the Land Law.
The authority responsible for specifying the land
price for valuation of LURs and calculation of land rents upon the equitization
of the state-owned enterprise shall publish the land price specified on the
websites of the provincial People’s Committee, MONRE and the Ministry of
Finance of Vietnam in at least 15 days before reporting to the provincial
People's Committee for approval.
3. The equitized enterprises that have been using
land before the effective date of this Decree but have not fulfilled legal
formalities regarding LURs shall be handled in the following manner:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
When detecting a violation of the management and
use of land, the provincial People’s Committee shall be responsible for
organizing an inspection that settles such violation before the procedure for
land allocation, land lease and certification for the joint-stock company;
b) The joint-stock company shall be responsible for
implementing the procedures for the allocation or lease of land and for the
certification of LURs and ownership of house and other property on land as per
the laws. The settlement of land-related financial obligations (if any) shall
adhere to the regulations of law on collection of land levies and land rents
and on equitization;
c) Land-related procedures stated in Point a and
Point b of this Clause are subject to completion in 180 days from the date that
this Decree comes into force.
4. A state-owned enterprise that was equitized
before the effective date of this Decree and had its LURs processed as per the
regulations of the Land Law upon its equitization is permitted to continue
using the land allocated by the State on land-levy basis or to continue renting
the land for the remaining duration of land use.
Article 43a. Handling
of rights to use land parcels on lease or under mortgage upon State’s land
expropriation[67]
1. When a land parcel on lease or under mortgage is
expropriated by the State pursuant to Article 61 and Article 62 of the Land
Law, the land rent contract or the contract for mortgage of LURs shall
terminate. The rights and obligations regarding the land use between the
parties in the land rent contract or the mortgage contract shall be settled
pursuant to the regulations of the Civil Code.
2. When a land parcel on lease is expropriated
pursuant to Points a, b, c, d, g, h and i Clause 1 Article 64 of the Land Law,
the land rent contract shall terminate and the land expropriation shall proceed
in the following manner:
a) The State expropriates the land parcel whose
lessor has violated the regulations of the Land Law. The lessor shall make
compensation for damage to the renter pursuant to the regulations of the Civil
Code;
b) The State expropriates the land parcel whose
renter has violated the regulations of the Land Law. The renter shall make
compensation for damage to the lessor pursuant to the regulations of the Civil
Code;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. If the rights to use a land parcel that the
State expropriates pursuant to Point a, b, c, d, g, h and i Clause 1 Article 64
of the Land Law are under mortgage, the contract for mortgage of LURs shall
terminate and the mortgagee shall repay the loan to the mortgagor as per the
regulations of the Civil Code and other relevant regulations.
4. The State shall expropriate a land parcel being
leased or mortgaged by the land user who passes away without an inheritor and
shall be responsible for settling the rights and obligations concerning such
land parcel as per the laws. In such event, the land lease contract or the
mortgage contract shall terminate while the LURs shall be handled in the
following manner:
a) If the land parcel is on lease, the State shall
continue leasing it to the current renter for the remaining duration of the
land lease contract signed;
b) If the LURs are under mortgage, they shall be
handled as per the regulations of law on secured transactions.
Article 43b. Business
organizations’ use of land acquired through transfer of agricultural LURs from
households and individuals for investment projects[68]
Business organizations’ use of the land parcels
that are not being rented on annual rental basis and are acquired through
transfer of agricultural LURs from households and/or individuals for investment
projects proceeds in the following manner:
1. If a business organization uses the land
acquired through transfer of agricultural LURs from households and/or
individuals who are not renting such land, except rice cultivation land,
protective forest land and reserve forest land, for implementing an
agricultural production investment project and the purpose of use of such land
is not converted, such organization can continue using the land without being
subjected to renting them. In this event, the land use term shall accord with
the duration of the investment project pursuant to Clause 3 Article 126 of the
Land Law.
If the business organization applies for conversion
of the land’ purpose of use to another under the category of agricultural land
pursuant to Clause 1 Article 57 of the Land Law, it shall be required to
fulfill financial obligations as per the laws without being subjected to
renting the land. In this event, the land use term shall accord with the
duration of the investment project pursuant to Clause 3 Article 126 of the Land
Law.
2. If a business organization uses the land
acquired through transfer of agricultural LURs from households and/or
individuals who are renting such land from the State by paying the rent in lump
sum for the entire duration of the lease, except rice cultivation land,
protective forest land and reserve forest land, for implementing an
agricultural production investment project, such organization can continue
renting the land. In this event, the land use term shall accord with the
duration of the investment project pursuant to Clause 3 Article 126 of the Land
Law.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. When the land use term ends, in the events
stated in Clause 1 and Clause 2 of this Article, competent authorities shall
consider extending the land use term upon request and the land is subject to
being rented out as per the laws. Procedures for transfer of LURs and land
repurposing are governed by Article 69 and Article 79 of this Decree.
4. If a business organization uses the land
acquired through transfer of agricultural LURs from households and/or
individuals and has their purpose of use converted for a non-agricultural
business investment project, such organization shall be subjected to renting
such land and fulfill financial obligations as per the laws. The land rent term
shall accord with the duration of the investment project pursuant to Clause 3
Article 126 of the Land Law.
Article 43c. Business
organizations, households and individuals using land which is repurposed[69]
1. Upon the repurposing of a land parcel that a
business organization is using, except for the circumstances defined in Article
43b of this Decree, the form of land use is determined in the following manner:
a) If a land parcel is repurposed to serve a
project for investment and construction of housing for sale or for sale and
lease or a cemetery facility investment project through which LURs connected
with the facilities, such land parcel shall be allocated for use with the
collection of land levies which will be calculated from the repurposing date as
prescribed;
b) If the purpose of use of a agricultural or
residential land parcel leased by the State or of a non-agricultural land
parcel allocated by the State without the collection of land levies is
converted to another purpose of use for non-agricultural business, construction
of public business buildings, investment in housing for lease or construction
of public service buildings, the land parcel shall be rented on annual rental
basis or on lump-sum rent payment for the entire duration of the lease. The
land rent, in this event, shall be payable upon the land repurposing (if any)
as per regulations;
c) If the purpose of use of a residential land
parcel or non-residential non-agricultural land parcel allocated by the State
with the collection of land levies whose payments have not been sourced from
the state budget is converted to another purpose of use for non-agricultural
business, construction of public business buildings, investment in housing for
lease or construction of public service buildings, the land parcel shall remain
allocated with the collection of land levies. The land levies, in this event,
shall be payable upon the land repurposing (if any) as per regulations;
d) If the purpose of use of a land parcel allocated
by the State with the collection of land levies whose payments have not been
sourced from the state budget is converted to another under the same category
of agricultural land, such land parcel shall remain allocated with the
collection of land levies which are payable upon the land repurposing (if any)
as per regulations;
dd) If the purpose of use of a land parcel rented
from or allocated by the State without or with the collection of land levies
whose payments have been sourced from the state budget is converted to another
under the same category of agricultural land, such land parcel shall be rented
on annual rental basis or on lump-sum rent payment for the entire duration of
the lease. The land rents, in this event, shall be payable upon the land
repurposing as per regulations.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) If an agricultural land parcel not rented from
the State is converted to commercial land or non-agricultural business land,
such land parcel shall be allocated with the collection of land levies which
shall be payable upon the land repurposing as per regulations;
b) If an agricultural land parcel rented from the
State is converted to commercial land or non-agricultural business land, such
land parcel shall be rented on annual rental basis or on lump-sum rent payment
for the entire duration of the lease. In this event, the land rent is payable
upon the land repurposing as per regulations;
c) The land use term upon conversion pursuant to
Point a and Point b of this Clause shall accord with the duration of the
investment project pursuant to Clause 3 Article 126 of the Land Law. If no
investment project exists, the land use term shall be no more than 50 years. In
an administrative division that is (severely) troubled economically and
socially, the land use term shall be no more than 70 years. The land use term
commences upon the competent authority’s approval of land repurposing.
Article 43d.[70] (abrogated)
Article 43dd. Use
of land acquired in recompense for State’s expropriation of agricultural land
from households and individuals before October 01, 2009 for non-agricultural
production or service[71]
In the event that the allocation of (a)
non-agricultural business land parcel(s) to a household or individual in
recompense for the State’s expropriation of their agricultural land(s) pursuant
to Clause 4 and Clause 5 Article 4 of the Government's Decree No. 17/2006/ND-CP
dated January 27, 2006 and Article 30 of the Government's Decree No.
84/2007/ND-CP dated May 15, 2007 occurs after July 01, 2014 as per the
compensation and settlement plan approved by competent authorities, such
household or individual can use the land parcel(s) permanently and stably for
the non-agricultural business or service defined, shall not incur the land
levies upon obtaining the permission for converting the land parcel(s) to
residential use and shall receive compensation based on residential land price
upon the State’s expropriation of such land parcel(s).
Section 2. AGRICULTURAL LAND
Article 44. Limits on agricultural land areas
over which LURs can be acquired by households and individuals through transfer
Limits on areas of land for cultivation of annual
crops, land for cultivation of perennial plants, land for planted production
forests, land for aquaculture and land for salt production over which LURs can
be acquired by each household or individual for agricultural purposes through
transfer or donation of LURs or debt settlement as agreed upon in LURs mortgage
contracts shall adhere to the following provisions:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Not exceeding 30 ha for each type of land, for
provinces and central-affiliated cities in the southeastern region and the
Mekong delta region;
b) Not exceeding 20 ha for each type of land, for
remaining provinces and central-affiliated cities.
2. Land for cultivation of perennial plants:
a) Not exceeding 100 ha, for delta communes, wards
and commune-level towns;
b) Not exceeding 300 ha, for midland and
mountainous communes, wards and commune-level towns.
3. Land for planted production forests:
a) Not exceeding 150 ha, for delta communes, wards
and commune-level towns;
b) Not exceeding 300 ha, for midland and
mountainous communes, wards and commune-level towns.
4. In case a household or an individual acquires
agricultural LURs through transfer in more than one province or
central-affiliated city, the total area eligible for acquisition within the
limit for each type of land (land for cultivation of annual crops, land for
cultivation of perennial plants, land for planted production forests, land for
aquaculture or land for salt production) equals the limit eligible for
acquisition of LURs in the province or central-affiliated city in which the
highest limit eligible for acquisition of LURs is applicable.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
6. Households and individuals that have used
agricultural land in excess of the limits on land areas over which they can
acquire LURs through transfer as prescribed in Clauses 1 thru 5 of this Article
and had completed procedures for registration of LURs transfer before July 01,
2007, may continue using the excess land areas like agricultural land areas
within the limits.
7. Households and individuals that have used
agricultural land in excess of the limits on land areas over which they can
acquire LURs through transfer as prescribed in Clauses 1 thru 5 of this Article
and had completed procedures for registration of LURs transfer within the
period from July 01, 2007 to before July 01, 2014, may continue using such land
but shall use the excess land areas as land leased by the State.
Article 45. Land for rice cultivation
1. Persons who are allocated or leased land
specialized in wet rice cultivation by the State for use for non-agricultural
purposes shall pay a sum of money for land reclamation and rehabilitation and
investment in local infrastructure facilities.
2. The determination and use of the sums of money
specified in Clause 1 of this Article must comply with the Government’s
regulations on management and use of land for rice cultivation.
Article 45a. Natural
production forest land[72]
1. The State shall allocate natural production
forest land areas to forest management organizations that manage, protect and
develop forests.
The State shall allocate natural production forest
land areas to resident households, individuals and communities, if desiring and
be able to protect and develop forests, in a natural production forest zone
where a forest management organization does not exist without the collection of
land levies under their protection, development and other beneficial uses
pursuant to the regulations of law on forest protection and development.
2. The households and individuals to whom the State
allocated or leased natural production forest land or the residential
communities to which the State allocated natural production forest land before
July 01, 2004 can continue using the land for the remaining duration. The
State shall consider extending the expired land use term upon request as per
regulations.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. In the course of reorganization, renovation and
development to raise their operational efficiency, agricultural and forestry
companies that currently use land shall:
a) Review the current land use status in terms of
location and boundary for land management and use; land area used properly;
land area used improperly; unused land area; land areas which are currently
contracted, leased, lent, encroached upon, occupied, used for joint venture or
investment cooperation and are under dispute;
b) Propose land use plans based on the approved
plans on reorganization, renovation and development of agricultural and
forestry companies; local land use plannings and land use status.
A land use plan must indicate the location and
boundary of land use; land area proposed to be retained for use by type of
land, form of land use and land-use term; and land area to be handed over to
the local authority;
c) Report on land use plans to the natural
resources and environment agency for appraisal before submitting them to the
provincial People’s Committee for approval;
d) Organize the implementation of the approved land
use plans.
2. Provincial People’s Committees shall consider
and approve land use plans of local agricultural and forestry companies; direct
the determination of boundaries, placement of land use boundary landmarks under
approved plans, making of land allocation and lease dossiers, and grant of
certificates of LURs and ownership of house and other property on land to the
companies; and decide to expropriate the land areas handed over to local
authorities under the approved land use plans.
3. The land areas retained by the companies for use
under the approved land use plans which are illegally leased or lent; are
encroached upon or occupied; or unlawfully used for joint venture or investment
cooperation shall be handled as follows:
a) For the land area which is illegally leased or
lent or used by the companies for joint venture or investment cooperation, the companies
shall terminate such illegal lease or lending or unlawful use and use the land
area for proper purposes;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4. For the land area handed over to local authorities,
provincial People’s Committees shall make plans on its use in the following
order of priority:
a) Building public facilities;
b) Allocating or leasing to local households and
individuals that have no land or lack production land;
c) Allocating or leasing land to current land users
if they so wish, provided that such use of land complies with local land use
plannings.
5.[73] If land areas of agricultural and
forestry companies are expropriated by the State for serving the land use
purposes defined in Articles 61 and 62 of the Land Law after these companies
have issued decisions to allocate or lease land under approved land use plans
as prescribed in Clauses 1, 2 and 3 of this Article, modification of the land
use plan is not required and land shall be expropriated in accordance with
regulations of law in force.
Article 47. Land with inland water surfaces
located in different provinces and central-affiliated cities
1. The use of land with inland water surface
located in different provinces and central-affiliated cities must comply with
approved land use plannings/plans and water resources plannings as well as the
law on water resources.
2. Provincial People’s Committees or district-level
People’s Committees shall lease land with inland water surface to economic
organizations, households or individuals for investment in aquaculture,
agricultural production or for combined agricultural and non- agricultural
purposes according to their competence defined in Article 59 of the Land Law.
3. Land lessees defined in Clause 2 of this Article
shall protect the environment and landscape and ensure that their land use does
not affect the main purposes of facilities using land with inland water
surface.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. District-level People’s Committees shall
investigate into, survey, monitor and assess riparian and coastal alluvial land
areas that are regularly deposited or affected by landslide in order to make
plans for land exploitation and use.
2. Competent authorities shall consider and decide
on lease of riparian and coastal alluvial land that are regularly deposited or
affected by landslides to persons who need such land.
3. MONRE's Minister shall promulgate detailed
regulations on the use of riparian and coastal alluvial land.
Section 3. NON-AGRICULTURAL LAND
Article 49. Use of land for construction of
apartment buildings
1. Land for construction of apartment buildings or
apartment buildings for combined residence and use as offices or trade and service
establishments (hereinafter referred to as “apartment buildings”) includes land
for construction of apartment buildings, land for use as yards and for planting
flowers and trees around apartment buildings, and land for construction of
infrastructure facilities.
2. Investors of apartment building construction
projects shall be allocated or leased land and granted certificates of LURs and
ownership of house and other property on land for the land area under these
projects according to the following provisions:
a) For the land area used for construction of
apartment buildings and infrastructure facilities used by investors for
commercial purposes under investment projects and detailed construction
plannings approved by competent authorities, the investors shall be allocated
or leased such land by the State with paying land levies or land rents, and be
issued with certificates of LURs and ownership of house and other property on
land;
b) For the land areas used for construction of
roads and other infrastructure facilities which are used for serving people
living in and outside the apartment buildings but investors’ provision of
services under their investment projects, the investors shall be allocated or
leased such land by the State for management and construction of facilities and
do not have to pay land levies or land rents but they shall not be issued with
certificates of LURs and ownership of house and other property on land; the
investors shall hand over such land to local authorities for management after
completing the construction under the investment projects, detailed
construction plannings and land allocation or lease decisions of competent
authorities.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Investors shall hand over the land areas under
shared use rights of owners of apartments, offices and trade and service
establishments in the apartment buildings (hereinafter referred to as
“apartments”), including the land areas used for construction of apartment
buildings, yards, planting of flowers and trees around the apartment buildings,
and construction of infrastructure facilities outside the apartment buildings
which directly serve the apartment buildings, to apartment owners for
management and use under the investment projects. Investors shall clearly
determine the locations, boundaries and land areas under shared use rights
under the investment projects, detailed construction plannings and layout
designs for submission to competent authorities for approval; and in house
purchase and sale contracts and as-built drawings for carrying out the
procedures for issuance of certificates of LURs and ownership of house and
other property on land to the purchasers;
b) LURs mentioned at Point a of this Clause are
shared use rights which cannot be divided. The ratio of LURs shall be the ratio
of the area of an apartment to the total floor area of all apartments in an
apartment building. The use and disposition of LURs in an apartment building
shall be decided by the majority of persons representing the ratio of LURs but
must serve the common interests of the community and comply with law;
c) Apartment owners shall be issued with
certificates of LURs and ownership of house and other property on land for the
land area under shared use as prescribed in Point a of this Clause for a long
and stable term; the area of each apartment shall be determined based on the
signed apartment purchase and sale contract;
d) Upon issuance of certificates of LURs and
ownership of house and other property on land to apartment purchasers, the
certificates already granted to investors as prescribed in Clause 2 of this
Article shall be adjusted to the form of shared use in respect of the land area
specified in Point a of this Clause.
The land area of a housing development project that
remains after determination of the areas specified in Point b of Clause 2 and
Point a of this Clause shall come under the use rights of the project’s
investor that shall also be issued with a certificate of LURs and ownership of
house and other property on land for this land area.
Article 49a. Contribution
of LURs and revision to LURs for investment projects[74]
1. The following requirements apply to the
contribution of a LURs and the revision to a LURs for implementing an
investment project:
a) In the circumstance defined in Point i Clause 1
Article 179 of the Land Law;
b) The implementation of the investment project has
to accord with the land use plans, construction plans, urban plans, housing
development programs/plans, rural residential area plans, new-style rural
commune development plans approved by competent government authorities;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) The rights of land users in the project’s
vicinity must be maintained.
2. Provincial People’s Committees shall promulgate
regulations on the contribution of LURs and revision to LURs for investment
projects.
Article 50. Use of land for national defense and
security purposes
1. Users of land for national defense or security
purposes are defined as follows:
a) Units under the Ministry of National Defense of
Vietnam or the Ministry of Public Security of Vietnam shall be users of land
for military barracks, except the case specified in Point c of this Clause;
land for military bases; land for national defense works, battle fields and
special works of national defense and security; public-duty houses of people’s
armed forces; and land in the areas allocated by the Government exclusively to
the Ministry of National Defense of Vietnam or the Ministry of Public Security
of Vietnam for management, protection and use;
b) Units directly using land are land users for
land used for military railway stations and ports; land for industrial and
science and technology facilities directly serving national defense and
security; land for warehouses for people’s armed forces; land for shooting
grounds, training grounds, and weapon testing or weapon destroying sites; land
for construction of schools, hospitals and sanitaria of the people’s armed
forces; land for detention and re-education institutions managed by the
Ministry of National Defense of Vietnam or the Ministry of Public Security of
Vietnam;
c) Military commands of provinces or
central-affiliated cities; military commands of districts, towns or provincial
cities; public security departments of provinces or central-affiliated cities;
public security offices of districts, towns or provincial cities; public
security offices of wards or townships; and border guard stations are users of
land for construction of their offices.
2. Land for national defense or security purposes
shall be properly used. For unused or improperly used land areas, provincial
People’s Committees shall notify land users to put the land to proper use; 12
months after receiving such notification, if land users fail to put the land to
proper use, provincial People’s Committees shall recover such land for
allocation to others for use.
3.[75] (abrogated)
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) For land areas already allocated for households
of officers and soldiers of the people’s armed force units for building houses
under approved land use plannings or plans, the land users shall be granted
certificates of LURs and ownership of houses and other land- attached assets
and shall fulfill all financial obligations prescribed by law;
b) For land for non-agricultural production and
business purposes which is currently used by national defense or security
enterprises, these enterprises shall shift to lease such land under production
and business plans approved by the Ministry of National Defense of Vietnam or
the Ministry of Public Security of Vietnam;
c) For land areas which are not specified in Points
a and b of this Clause, provincial People’s Committees shall decide to
expropriate them for allocation or lease for use in accordance with law.
4.[77] Competent authorities shall
definitely handle disputed land areas for identifying land users.
Article 51. Land of industrial parks, export
processing zones, industrial clusters and handicraft villages[78]
1. The term of use of land parcels in an industrial
park, export processing zone, industrial cluster or handicraft village shall
accord with the duration of the investment projects.
If the duration of the investment project exceeds
the remaining duration of use of the land parcel in the industrial park, export
processing zone, industrial cluster or handicraft village, the relevant
enterprise constructing and operating the infrastructure of such industrial
park, export processing zone, industrial cluster or handicraft village shall
apply to competent authorities for adjusting the land use term accordingly;
however, the total land use term shall not exceed 70 years and the land
levies or land rents shall be charged on the land area whose duration of
use is extended.
2. When planning details on the construction of an
industrial park, export processing zone or industrial cluster, a provincial
People’s Committee shall consider the current status of local residential areas
and the accommodation need of the workers taking up employment in the industrial
park, export processing zone or industrial cluster to allocate land outside the
industrial park, export processing zone or industrial cluster in accordance
with the land use plan for the construction of apartment buildings and cultural
and social facilities that serve the workers.
3. The form of land use in a handicraft village
shall be similar to that in an industrial park, export processing zone or
industrial cluster pursuant to Clauses 2, 3, 4 and 5, Article 149 of the Land
Law.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5. Responsibilities of a company that invests in
and operates the infrastructure facilities of an industrial park, export
processing zone, industrial cluster or handicraft village:
a) Upon the signing of a land lease or sublease
contract, it shall specify the land use progress in line with that of the
investment project and remedial actions against the renter's or sub-renter’s
desistence or delay of land use against the agreed schedule of land use in the
contract;
b) It shall be liable to the State and the law for
managing the use of land in the industrial park, export processing zone,
industrial cluster or handicraft village; and be responsible for examining,
monitoring and expediting the renter’s or sub-renter's land use in conformity
to the agreed schedule in the contract;
c) On annual basis, the company investing in,
constructing and operating the infrastructure facilities of the industrial
park, export processing zone, industrial cluster or handicraft village shall be
responsible for reporting to the provincial People’s Committee and the General
Department of Land Administration and publish the area of land available for
lease or sublease in the industrial park, export processing zone, industrial
cluster or handicraft village on the websites of the company, the People’s
Committee of the province in which the land exist, and the General Department
of Land Administration.
6. If the renter or sub-renter desists or delays
the use of the land against the agreed schedule in the land rent or sub-rent
contract, except in case of force majeure pursuant to Clause 1 Article 15 of
this Decree, the company investing in and operating the infrastructure
facilities of the industrial park, export processing zone, industrial cluster
or handicraft village shall be responsible for:
a) Requesting the renter or sub-renter to carry out
measures to put the land into use or terminating the land rent or sub-rent
contract unilaterally;
b) Listing the entities that desist or delay the
use of land against the land use schedule and reporting thereof to the
Industrial Park Management Board, provincial Department of Planning and
Investment, provincial Department of Natural Resources and Environment,
provincial People’s Committee, Ministry of Planning and Investment of Vietnam
and MONRE. The bodies receiving the report and the company investing in and
operating the infrastructure facilities of the industrial park, export
processing zone, industrial cluster or handicraft village shall be responsible
for publishing the list of the entities that desist or delay land use on the websites
of such bodies and the company.
7. In the event that the renter or sub-renter
continues desisting or delaying land use though the company investing and
operating the infrastructure of the industrial park, export processing zone,
industrial cluster or handicraft village has acted pursuant to Clause 6 of this
Article, the provincial People’s Committee shall expropriate the renter’s or
sub-renter’s area of land in violation according to the conclusion of
inspection and allocate it to the company investing in and operating the
infrastructure facilities of the industrial park, export processing zone and
handicraft village. The company investing in and operating the infrastructure
facilities of the industrial park, export processing zone, industrial cluster or
handicraft village shall lease or sublet the areas of land that the State has
expropriated to the investors in need of such areas.
The settlement of rights and obligations between
the entity investing in and operating the infrastructure facilities of the
industrial park, export processing zone, industrial cluster or handicraft
village and the renter or sub-renter shall be subject to the regulations of law
on civil matters.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) The land has not been used or its use is delayed
36 months behind the agreed-upon schedule of land use in the land rent or
sub-rent contract;
b) The land has not been used or its use is delayed
more than 36 months from the date of issue of the certificate of land use if
the entities involved do not stipulate a schedule of land use in their
contract.
9. Provincial People’s Committees shall promulgate
detailed regulations on the expropriation of the land whose use is not
progressive or is delayed pursuant to Clause 7 and Clause 8 of this Article.
10.[79] If self-financed public service
providers are assigned by competent authorities to act as investors of projects
on construction and trading of infrastructure facilities of industrial parks,
export processing zones and industrial complexes in respective localities
facing socio-economic disadvantages in accordance with the Investment Law, they
shall be leased land by the State to implement projects, may sublease the land
after investing in infrastructure, and must implement and comply with the
provisions of this Article.
Article 52. Land for hi-tech zones
1. The term of use of land for implementing
projects on production and trading of hi-tech products; hi-tech research,
development and application and training of human resources in hi-tech zones
must comply with Articles 125 and 126 of the Land Law.
2.[80] Management Boards of high-tech parks,
with respect to land management, shall be responsible for:
a) Cooperating with land clearance and compensation
organizations in providing compensation, support and relocation;
b) Presenting to provincial People’s Committees the
decisions on collection of land rent and on reduction or exemption of land rent
for each project;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Managing the land expropriated in the events
prescribed in Point c of this Clause;
dd) Deciding to re-allocate land without land
levies to land users in the hi-tech zones under the circumstances defined in
Clause 2 and Clause 3 Article 54 of the Land Law; deciding to extend the land
use term at the end of the duration of land allocation or land lease in
accordance with the duration of the investment projects;
e) Stipulating the administrative procedures for
land in the hi-tech zones;
g) Sending the decisions on land re-allocation,
land lease, land use extension, cadastral map extraction or cadastral
measurement extraction to the land registration offices that register
information into cadastral records, update the land database and report to the
authorities competent to issue certificates of LURs and ownership of house and
property on land.
3. Inspection, and settlement of complaints,
denunciations and disputes related to land areas in hi-tech zones must comply
with regulations of laws on complaints, denunciations and the Land Law.
4.[81] Management Boards of hi-tech
zones under the management of the central government shall bear the following
responsibilities in managing and using the land allocated by provincial
People’s Committees before July 01, 2014:
a) Implement Points a, c, d, dd, e and g Clause 2
of this Article; continue implementing the construction plannings approved by
competent authorities;
b) Specify land prices in detail by land pricing
coefficient method to calculate the rent on the leased land in the hi-tech
zones; however, such land prices shall not be lower than those defined in the
provincial People’s Committees’ land price lists;
c) Decide the land pricing coefficient and the
proportion (%) of land rent to land price, and decide the amount of land rent
deducted or exempted for each project pursuant to the regulations of the
Government and Prime Minister;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
5.[82] The management and use of the land
allocated by provincial People’s Committees before July 01, 2014 to hi-tech
zones under the management of the provincial People’s Committees shall proceed
in the following manner:
a) The management and use of land are governed by
Article 150 of the Land Law, Clause 1 and Clause 2 of this Article;
b) Continue implementing construction plannings
approved by competent authorities.
Article 53. Land for economic zones
1. Management Boards of economic zones, with
respect to land management, shall be responsible for:
a) Cooperating with land clearance and compensation
organizations in providing compensation, support and relocation;
b) Deciding on land levies and land rents provided
that the land price used for land levy or land rental calculation is not lower
than the land price in the land price list announced by the provincial People’s
Committee; and on land levy or land rental exemption and reduction for each
project in case of land re-allocation or lease according to the Government’s
regulations;
c) Expropriating land parcels rented out or
allocated when land users violate the regulations of Land Law pursuant to
Points a, b, c, d, e, g and i Clause 1 Article 64 of the Land Law; or when land
users terminate their land use lawfully or return the land parcels voluntarily
pursuant to Points a, b, c and d Clause 1 Article 65 of the Land Law; managing
land parcels expropriated as prescribed in this Point;
d) Stipulating the administrative procedures for
land in economic zones;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Inspection, and settlement of complaints,
denunciations and disputes related to land areas in economic zones must comply
with regulations of laws on complaints, denunciations and the Land Law.
3. Management and use of other land outside the
functional areas of economic zones and other tasks related to the management of
land in economic zones shall be performed by administrative agencies at all
levels in accordance with the Land Law.
Article 54. Land for implementation of
build-transfer (BT) and build-operate-transfer (BOT) projects
1. The State shall allocate land areas to investors
for implementing BT projects; investors are not required to pay land levies or
land rental during the construction of facilities under approved projects and
shall preserve the land areas allocated to them for management and use strictly
according to the purposes indicated in the projects.
The transfer of facilities and land areas under
these projects shall be conducted within the time limit written in approved
investment projects or the extended time limit for transfer as permitted by
competent authorities. Over the time limit for transfer, if the investors fail
to transfer, they shall lease land from the State, with the duration of land
lease starting from the end of the duration of construction of facilities under
the approved projects.
2. The State shall allocate or lease land to
investors for implementation of BOT projects; investors are entitled to
exemption from or reduction of land levies or land rents under the Government’s
regulations.
3. Persons who are transferred facilities for use
and operation shall be allocated or leased land by the State or assigned to
manage land areas on which such facilities exist in accordance with the Land
Law.
Article 55. Land for civil airports and
aerodromes[83]
1. Based on approved detailed plannings on airports
and aerodromes, the Ministry of Transport of Vietnam shall assume the prime responsibility
for, and coordinate with the Ministry of National Defense of Vietnam in,
determining boundaries of land exclusively used for single civil purposes and
land commonly used for mixed civil and military purposes under either civil or
military administration.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. For the land currently in use but not yet
granted the certificates of land tenure, airport authorities shall consider,
measure, declare and complete the procedures to request the provincial People's
Committees to issue these Certificates according to the regulations. If any
land is no longer needed, the procedures for handing over such land to the
provincial People's Committee shall be carried out according to regulations.
4. If land areas used for civil airports or
aerodromes are handed over by provincial People's Committees to airport
authorities, airport authorities shall carry out the land allocation or land
lease, and determine land use term according to the following regulations:
a) Land used for the purposes specified in Points a
and b Clause 1 Article 156 of the Land Law shall be assigned and allocated
without collection of land levies with a stable and permanent use term;
b) Land used for the purposes specified in Points c
and d Clause 1 Article 156 of the Land Law shall be leased out for use during a
lease term which is determined based on investment projects or land lease
applications, but shall not exceed the relevant term specified in Clause 3
Article 126 of the Land Law. Upon the expiry of the lease terms, current
land users may be given extension of their lease terms if they wish to continue
using land.
The term of lease of land used for implementation
of investment projects on construction of new airports, aerodromes or
facilities at airports or aerodromes in the PPP form shall be determined
according to the investment project contract term, but not exceed the term
specified in Clause 3 Article 126 of the Land Law.
With respect to the land on which there are
existing works that are being exploited and used stably in accordance with the
airport or aerodrome plannings approved by competent authorities, airport
authorities shall lease the land according to land lease applications during
the period not exceeding the term specified in Clause 3 Article 126 of the Land
Law.
With respect to the land on which there are
existing works that are being exploited and used stably, but not in line with
the airport or aerodrome plannings approved by competent authorities, airport
authorities shall lease the land according to the land lease applications for
the period expired every single year until the State expropriates the land in
accordance with regulations of law.
c) For a land parcel on which existing works have
been built before the relevant airport authority is allocated land or has LURs
recognized, the airport authority may allocate and lease the land after
obtaining the Certificate. Land rents shall be charged from the day on which
the airport authority issues a land lease decision.
Land users shall be responsible for paying the
arrears of land rents equivalent to the annual land rents calculated from the
time of commencement of land use to the time when airport authorities decide to
lease the land in accordance with the laws. The Ministry of Finance of
Vietnam shall assume the prime responsibility for, and coordinate with the
Ministry of Transport of Vietnam in, guiding the retrospective collection of
land rent amounts payable specified at this Point.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) As for the land used for construction of new
facilities or expansion of existing ones, the commencement date on which land
rents are charged is the time of airport authorities' grant of land
lease decision.
5. Provincial People's Committees shall decide on
unit land rents at airports and aerodromes in accordance with the Land Law.
6. Airport authorities shall have the following
responsibilities for land plots allocated by the provincial People’s
Committees:
a) Operating and managing them to serve
predetermined purposes and ensure efficiency;
b) Inspecting land use and fulfillment of
land-related financial obligations of organizations and individuals that are
allocated or rent the land by airport authorities;
c) Issuing land expropriation decisions in cases
where airport authorities allocate land plots in the cases specified in Points
a, b, e, g and i Clause 1 Article 64 and Points a, b, c and d, Clause 1 Article
65 of the Land Law. Issuing decisions to terminate land leases in case of
violation of these land leases of airport authorities.
7. Inspection, and settlement of complaints,
denunciations and disputes related to land areas of airports and aerodromes
must comply with regulations of laws on complaints, denunciations and the Land
Law.
Article 56. Land for construction of public
facilities with safety protection corridors
1. For land for safety protection corridors of
public facilities under decisions of competent authorities while such
facilities do not use surface land, land shall be leased only during the
construction of the facilities.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Within 30 working days after having plans on
placement of boundary landmarks to specifically determine safety protection
corridors approved by provincial People’s Committees, organizations directly
managing facilities with safety protection corridors shall assume the prime
responsibility for, and coordinate with district-level People’s Committees and
communal People’s Committees of localities where the facilities are built in,
publicizing boundary landmarks of facilities protection corridors and place
boundary landmarks in the field, then deliver such boundary landmarks to
People’s Committees of communes where the facilities are built, for management.
4. Organizations directly managing facilities with
safety protection corridors shall assume the prime responsibility for, and
coordinate with communal People’s Committees and district-level Departments of
Natural Resources and Environment of localities where the facilities are built
in, reviewing the land use status within their safety protection corridors in
order to propose handling measures to competent authorities according to the
following provisions:
a) In case the use of land affects the safety
protection of facilities or in case the operation of facilities directly
affects the life or health of land users, authorities in charge of state
management of such facilities shall appraise the level of impacts, and, if land
expropriation is needed, propose competent People’s Committees to decide on
expropriation of such land. Persons having land expropriated are entitled to
compensation and support for land and property on land which already exists
before the facilities’ safety corridors are publicized, and to relocation in
accordance with law.
In case the use of land affects the safety
protection of facilities, their owners and land users shall take remedies.
Facility owners shall take responsibility for such remedies; if they are unable
to take remedies, the State shall expropriate land and persons having land
expropriated are entitled to compensation, support and relocation in accordance
with law;
b) In the cases of land use other than those
specified in Point a of this Clause, current users of land within facility
safety protection corridors may continue using such land according to the set
purposes and shall comply with regulations on facilities safety protection;
c) Certificates of LURs and ownership of house and
other property on land shall be issued for land areas within facility safety
protection corridors in case the conditions for issuance of such certificates
are fully met in accordance with the Land Law, unless land expropriation
notices or decisions have been issued.
Holders of certificates of LURs and ownership of
house and other property on land may only use the land in accordance with Point
b of this Clause.
5. Authorities or organizations directly managing
facilities with safety protection corridors shall take the prime responsibility
for the safety protection of the facilities. In case the safety protection
corridors are encroached, occupied or illegally used, they shall promptly
report the case to People’s Committees of communes where such corridors are
built, for handling.
6. Chairpersons of People’s Committees at all
levels of localities where facilities with safety protection corridors are
located shall:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Cooperate with authorities or organizations
directly managing the facilities in disseminating regulations on safety
protection of facilities and in publicizing boundary landmarks of the
facilities’ safety protection corridors;
c) Chairpersons of People’s Committees at all
levels shall take joint responsibility for the cases of encroaching upon,
occupying or illegally using land areas within the safety protection corridors
of facilities in their localities in accordance with law.
7. The temporary use of land for construction of
public facilities with safety protection corridors shall proceed according to
specific agreements between construction units and land users in accordance
with the civil law.
Article 57. Use of land for construction of
underground facilities
Based on land use plannings/plans, plannings on space
for urban underground construction and other relevant plannings approved by
competent authorities, provincial People’s Committees shall decide to allocate
or lease land for the construction of underground facilities according to the
following provisions:
1. Business organizations, overseas Vietnamese and
foreign-invested enterprises may use land leased by the State on an annual or
lump-sum payment of land rents for the entire lease term if they use land to
construct underground facilities for commercial purposes.
2. Business organizations, overseas Vietnamese and
foreign-invested enterprises may use land allocated by the State without
collection of land levies if they use land to construct underground facilities
not for commercial purposes.
3. The use of land for the construction of
underground facilities in the form of BT or BOT projects must comply with
provisions of Article 54 of this Decree.
Article 57a. Land
on which water surface of hydroelectric or irrigational reservoir exists [84]
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. The use of the land on which water surface of a
hydroelectric or irrigational reservoir exists for non-agricultural use or
aquaculture shall not affect the primary purpose of use defined and shall
adhere to other relevant the laws.
3. The term of use of the land on which water
surface of a hydroelectric or irrigational reservoir exists shall be left to
the discretion of the People's Committee competent to decide on the lease of
such land; however, it shall not exceed 50 years.
Section 4. MANAGEMENT AND PUTTING OF UNUSED LAND
IN USE
Article 58. Management of unused land
1. Unused land includes unused flatland, unused
hilly and mountainous land and rocky mountains without forests.
2. Annually, communal People’s Committees shall
report on the management and exploitation of unused land areas to
district-level People’s Committees.
Article 59. Measures to put unused land to use
under approved land use plans
1. The State shall adopt policies on infrastructure
investment in border, island, remote, isolated and highland areas, areas having
much land but sparsely populated, and areas with difficult natural conditions
in order to put unused land to use; and to exempt or reduce land levies or land
rents for cases of allocation or lease of unused land for use.
2. Provincial People’s Committees shall use
revenues collected from the change of land under wet rice cultivation into land
used for other purposes and other lawful funding sources for the reclamation,
rehabilitation and use of unused land.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
ORDER AND ADMINISTRATIVE PROCEDURES FOR MANAGEMENT AND
USE OF LAND
Section 1. GENERAL PROVISIONS
Article 60. Dossier submission and notification
of results of implementation of land-related administrative procedures [85]
1. The following authorities shall take charge of
receiving dossiers and notifying results of implementation of procedures for
land allocation, land lease and land repurposing:
a) Provincial Departments of Natural Resources and
Environment shall receive dossiers and notify results for the cases prescribed
in Clause 1 Article 59 of the Land Law;
b) District-level Departments of Natural Resources
and Environment shall receive dossiers and notify results for the cases
prescribed in Clause 2 Article 59 of the Land Law;
2. Authorities in charge of receiving dossiers and
notifying results of implementation of procedures for registration of land and
other property on land; issuing, replacing and re-issuing certificates are land
registration offices and their branches.
Based on specific local conditions, each provincial
People's Committee shall promulgate regulations on receipt and transfer of
dossiers, handling and notification of results of handling of procedures for
registration of land and other property on land; issuance, replacement, and
reissuance of Certificates within the time limits prescribed in laws, publicly
announce administrative procedures and selection of the dossier submission
location which is the land registration office or one of its branch located in
such province or locations requested by land users/owners of property on land.
If the land registration office or its branch
receives dossiers and notifies results of handling of procedures for
registration of land and other property on land; issuance, replacement, and
reissuance of certificates at the request of a land user or owner of property
on land, the time and location of dossier receipt and returning of results of
handled procedures shall be subject to specific agreement between the requester
and the land registration office or its branch, provided that results must be
given within the time limit prescribed by the provincial People's Committee.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The People’s Committee of commune where the land is
located may also receive dossiers and notify results of handling of procedures
to households, individuals or communities that wish to submit their dossiers to
communal People’s Committees. In case of registration of changes in land and property
on land; and replacement and re-issuance of certificates, within 03 working
days from the receipt of a complete dossier, the communal People’s Committee
shall forward the received dossier to the relevant land registration office or
its branch.
3. For localities that have developed single-window
sections for receiving dossiers and notifying results of handling of
administrative procedures according to the Government’s regulations, the
authorities specified in Clauses 1 and 2 of this Article shall receive dossiers
and notify results through such single-window sections under decisions of
provincial People’s Committees, except cases where the receipt of dossiers and
notification of results of handling of procedures for registration of land and
other property on land; issuance, replacement, and reissuance of certificates
are made outside the premises of land registration offices or their branches at
the request of land users/owners of property on land.
4. Hi-tech zone and economic zone management
boards; and airport authorities are focal points for receiving dossiers and
notifying results of handling of administrative procedures for land parcels in
hi-tech zones, economic zones, airports or aerodromes.
5. Notification of administrative procedure
handling results:
a) Administrative procedure handling results shall
be given to land users/owners of property on land within a maximum duration of
03 days after those results are available, except the case prescribed in Point
b of this Clause;
b) In case financial obligations arise from
handling of administrative procedures, certificates of LURs and ownership of
house and other property on land shall be delivered upon submission by land
users/owners of property on land of documents proving their fulfillment of
financial obligations as prescribed. In case of land lease with annual payment
of land rents, results shall be given after the signing of the land lease
contract has been completed. Where financial obligations arising from handling
of administrative procedures are exempt, results shall be given upon receipt of
a competent authority’s written certification of such exemption;
c) If a dossier is unsatisfactory, the receiving
authority shall return it to the applicant and give reasons therefor.
6.[86] Handling land-related administrative
procedures electronically
a) Based on existing land-related information
technology infrastructure and land database under their management, authorities
in charge of receiving dossiers and notifying results of handling of
land-related administrative procedures mentioned in this Article shall organize
the electronic performance of such tasks according to Government’s regulations.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Authorities in charge of receiving dossiers and
notifying dossier handling results shall handle land-related administrative
procedures in accordance with the Land Law. If results cannot be given within
the prescribed time limit as a result of further inspection or verification or
other reasons, the authority in charge of receiving dossier and notifying
handling results shall send a notice indicating reasons for such delay in
writing or through the public service portal or SMS message to the applicant.
Land users/owners of property on land shall fulfill
financial obligations either directly or online through payment tools on the
public service portal.
The authority receiving the dossier or in charge of
handling administrative procedures shall request the applicant to submit the
original of the issued certificate and other required documents after the land
user has fulfilled their financial obligations.
Administrative procedure handling results shall be
given directly at the premises of the dossier-receiving authority or via public
postal service or another location requested in case of procedures for
registration of land and other property on land, issuance, replacement or
reissuance of certificate.
7.[87] Land users/owners of property on land
that apply for handling of land-related administrative procedures as prescribed
in this Article shall assume legal responsibility for the accuracy and
truthfulness of their provided information and documents.
The dossier-receiving authority shall check the
adequacy of the received dossier. The authority in charge of handling
land-related administrative procedures shall comply with regulations on
authority and time limit for handling procedures as prescribed by law and shall
not assume responsibility for contents of documents included in a dossier
previously accepted, appraised, approved or handled by another competent
authority or person.
8.[88] Connection, data sharing and
electronic interconnection between authorities for handling administrative
procedures and serving fulfillment of financial obligations by applicants shall
comply with regulations of law on electronic handling of administrative
procedures and implementation of single-window system and inter-agency
single-window system mechanisms.
Article 61. Time limits for completing
land-related administrative procedures[89]
1. Time limits for completing procedures for land
allocation, land lease and land use conversion are defined below:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Procedures for approval of land repurposing must
be completed within a maximum duration of 15 days.
2. Time limits for completing procedures for
registration of land and property on land, for certification and
re-certification are defined below:
a) Procedures for registration of land and property
on land and issuance of certificate of LURs and ownership of house and property
on land must be completed within a maximum duration of 30 days;
b) Procedures for registration and issuance of
certificate of LURs and ownership of house and property on land for a
transferee receiving LURs and ownership of house or building from a
construction investment organization must be completed within a maximum
duration of 15 days;
c) Procedures for registration and issuance of
certificate of LURs and ownership of house and property on land upon a change
to the property on land must be completed within a maximum duration of 15 days;
d) Procedures for registration of change to land or
property on land for a winner of an auction of LURs; or in case of settlement
of land-related dispute, complaint or denunciation; settlement of a LURs
mortgage contract or a contract for contribution of capital in the form of
LURs; the distrainment and auction of LURs or property on land for the
execution of a sentence; the division, merger or consolidation of an
organization or conversion of a company; the division or consolidation of LURs
and ownership of property on land under an agreement of a household, married
couple or group of land users must be completed within a maximum duration of 10
days;
dd) Procedures for division or consolidation of
land lots or the registration of land allocated by the State for management
must be completed within a maximum duration of 15 days;
e) Procedures for land-use term extension must be
completed within a maximum duration of 07 days;
g) Procedures for confirmation of a household’s or
individual’s continued use of land upon expiration of land use term must be
completed within a maximum duration of 05 days;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
i) Procedures for registration of change to the
land user(s), to the owner(s) of property on land, to the shape, size, number
or address of a land lot or to limitation(s) on LURs or to financial
obligations or to property on land against the previous registration must be
completed within a maximum duration of 10 days;
k) Procedures for changing from renting of land on
annual rent payment basis to renting of land on lump-sum rent payment; or from
the State’s allocation of land without land levies to renting of land; or from
renting of land to land allocation with the charge of land levies must be
completed within a maximum duration of 30 days;
l) Procedures for exchange, transfer, inheritance,
donation of LURs with or without ownership of property on land or for
registration of capital contribution in the form of LURs or ownership of
property on land must be completed within a maximum duration of 10 days;
m) Procedures for termination of registration of
capital contribution in the form of LURs with or without ownership of property
on land must be completed within a maximum duration of 03 days;
n) Procedures for registration or termination of
registration of mortgage, lease or sublease of LURs must be completed within a
maximum duration of 03 days;
o) Procedures for changing a spouse's LURs with or
without ownership of property on land to the spouses' concurrent LURs and ownership
must be completed within a maximum duration of 05 days;
p) Procedures for replacement of a certificate of
LURs, certificate of house ownership or certificate of ownership of a building
must be completed within a maximum duration of 07 days; however, the procedure
for replacement of multiple land users’ certificates due to map redrawing must
be completed within a maximum duration of 50 days;
q) Procedures for reissuance of a lost certificate
of LURs, lost certificate of house ownership or lost certificate of ownership
of a building must be completed within a maximum duration of 10 days;
r) Procedures for correction of information on an
issued certificate of LURs and ownership of house and property on land, an
issued certificate of LURs, an issued certificate of house ownership and LURs,
an issued certificate of house ownership or an issued certificate of ownership
of a building must be completed within a maximum duration of 10 days.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) The reconciliation of land dispute shall not
take more than 45 days;
b) The settlement of land dispute under the
jurisdiction of the chairperson of a district-level People’s Committee shall
not take more than 45 days;
c) The settlement of land dispute under the
jurisdiction of the chairperson of a provincial People’s Committee shall not
take more than 60 days;
d) The settlement of land dispute under the
jurisdiction of the MONRE's Minister shall not take more than 90 days;
dd) The coercive execution of a decision on land
dispute settlement shall not take more than 30 days.
4. The time limits defined in Clause 1, 2 and 3 of
this Article shall commence from the date of receipt of a valid application. It
does not include regulated holidays and days-off; time for intake of documents
at communal level, time for land user’s fulfillment of financial obligations;
time for consideration and execution of actions against a violation of the
regulations of the Land Law and time for solicitation of appraisal.
If a dossier is insufficient or invalid, the
receiving authority shall, in no more than 03 working days, inform and guide
the applicant to supplement and complete the documents as per regulations.
The time limit of each procedure defined in this
Article shall be elongated by 10 days, except the reconciliation of land
dispute, in mountainous communes, islands, remote and isolated regions, and
areas that are facing (extremely) socio-economic disadvantages.
5. Provincial People’s Committees shall stipulate
the length of time of multiple land-related administrative procedures, which
shall not exceed the time limit of such procedures in total pursuant to this
Article.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. MONRE shall specify the form and components of
the dossier for implementation of land-related administrative procedures
prescribed in this Decree.
2. Provincial People’s Committees shall specify
authorities receiving and handling procedures; time and steps for
implementation of procedures of each related authority or unit and cooperated
settlement between related authorities under the single-window mechanism
suitable to local practical conditions, which, however, must not exceed the
total time limit prescribed for each procedure under this Decree.
Article 63. Determination of financial
obligations of land users in implementation of administrative procedures for
land management and use
1. Land levies, land rents, land-related taxes and
registration fees (hereinafter referred to as “financial obligations”) shall be
determined by tax authorities. Provincial Departments of Natural Resources and
Environment, district-level Departments of Natural Resources and Environment or
land registration offices shall provide cadastral information for tax
authorities in cases of eligible applicants that are subject to financial
obligations as prescribed.
Land prices used for calculation of financial
obligations shall be determined by provincial Departments of Natural Resources
and Environment; or by tax authorities, in case of application of the land
price adjustment coefficient for determination of specific land prices.
2. Tax authorities shall notify financial
obligations to land users or owners of property on land as prescribed by law
within 05 working days from the date of receipt of cadastral information.
Competent authorities shall sign certificates of
LURs and ownership of house and other property on land, for land users and
owners of property on land exempted from, or entitled to owe, financial
obligations, those subject to financial obligations and having fulfilled these
obligations, and those having obtained decisions on exemption from financial
obligations in accordance with law.
3. Dossier-receiving authorities shall determine
amounts of charges and fees related to land management and use, except the
registration fees prescribed in Clause 1 of this Article, to be paid by land
users upon implementation of administrative procedures for land management and
use; and notify and guide land users to pay them in accordance with law.
4.[90] The collection of land levies on LURs
recognized shall commence upon the relevant land registration office's delivery
of cadastral information to the tax authority.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
If the land registration office or the tax
authority delays its delivery of information or determination of financial obligations,
respectively, the land levies shall be charged upon the land registration
office’s receipt of the full and valid dossier.
5.[91] The base price of land for calculation
of financial obligations upon the reissuance of an invalidly issued certificate
of LURs shall be determined in the following manner:
a) If a state authority is liable for the invalid
issuance of the certificate, the base price shall be that determined upon the
issuance of the previous certificate;
b) If the land user is liable for the invalid
issuance of the certificate, the base price shall be that determined upon the
reissuance of the certificate of LURs and ownership of house and property on
land;
c) The Ministry of Finance of Vietnam shall provide
detailed regulations on the collection, payment and refund of financial
obligations pursuant to this Clause.
Article 64. Contracts and transaction documents
on LURs and ownership of property on land
1. Contracts and transaction documents on LURs and
ownership of property on land of households shall be signed by the persons
named in the certificates or authorized in accordance with the Civil Code.
2. Contracts and transaction documents on LURs and
ownership of property on land of groups of land users or groups of owners of
property on land shall be signed by all group members or enclosed with
authorization documents in accordance with the Civil Code, except the case of
apartment owners sharing the use of a land parcel in an apartment building.
Section 2. PROCEDURES FOR LAND EXPROPRIATION,
REQUISITION, ALLOCATION, LEASE AND REPURPOSING
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Procedures for land expropriation due to lawful
termination of land use or voluntary return of land are prescribed as follows:
a) Organizations that are using land allocated by
the State without the collection of land levies, or with the collection of land
levies which are paid from state budget-derived funding sources, or that are
using land leased by the State on an annual rent payment basis and move to
other places or have lower demand or no longer have demand for land use; and
land users that voluntarily return land shall send land return notices or
documents and certificates of LURs and ownership of house and other property on
land to natural resources and environment authorities;
b) For expropriation of land from dissolved or
bankrupt organizations which has been allocated by the State without collection
of land levies or with collection of land levies which are paid from state
budget-derived funding sources, or has been leased by the State on an annual
rent payment basis, authorities issuing dissolution or bankruptcy decisions
shall send these decisions to provincial Departments of Natural Resources and
Environment of localities where land is expropriated;
c) For expropriation of land from individual land
users who die without heirs, communal People’s Committees of their places of
residence shall send death certificates or decisions declaring the death of
such a person in accordance with law and their written certifications of
persons who die without heirs to district-level Departments of Natural Resources
and Environment of localities where land is expropriated;
d) For cases of definite land-use term, natural
resources and environment authorities shall annually review and issue notices
of those ineligible for extension of land-use term;
dd) Natural resources and environment authorities
shall conduct field inspection and verification when necessary; propose
People’s Committees of the same level to decide the land expropriation;
organize land expropriation in the field and handover to land fund development
organizations or communal People’s Committees for management; direct the
updating and modification of the land database and cadastral records and revoke
certificates or notify the cancellation of certificates in case of failure to
revoke certificates.
2. Procedures for expropriation of land in polluted
areas at risk of threatening human life; land at risk of landslide or land
subsidence or being affected by other natural disasters threatening human life
are prescribed as follows:
a) District- or provincial People’s Committees
shall assign competent authorities to examine and determine the level of
environmental pollution, landslide, land subsidence or impacts of other natural
disasters threatening human life;
b) After competent authorities issuing documents
determining the level of environmental pollution, landslide, land subsidence or
impacts of other natural disasters threatening human life, due to which land
shall be expropriated, natural resources and environment authorities shall
perform the jobs prescribed in Point dd Clause 1 of this Article;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Coercion of land expropriation due to lawful
termination of land use or the risk of threatening human life:
a) Coercion of land expropriation must adhere to
the principles prescribed in Clause 1 Article 70 of the Land Law;
b) After land expropriation decisions are issued,
natural resources and environment authorities shall coordinate with communal
People’s Committees and communal Vietnam Fatherland Front Committees in
mobilizing and persuading persons subject to land expropriation to hand over
land;
c) [92]
If the person in possession of a land parcel under expropriation, despite
efforts of persuasion, does not abide by the decision on land expropriation,
the relevant district-level Department of Natural resources and Environment
shall report to the chairperson of the district-level People’s Committee, who
shall decide on coercive execution of the decision on land expropriation;
d) Assigned coercion organizations shall make
coercion plans and submit them to People’s Committees that have issued coercion
decisions for approval;
dd) Assigned coercion organizations shall mobilize
and persuade coerced persons to voluntarily hand over land;
e) [93]
The chairperson of the People’s Committee that has issued the coercion decision
shall be responsible for arranging personnel to execute forcibly the coercion
decision against the individual or organization that refuses to adhere to the
coercion decision despite the efforts of persuasion pursuant to Point dd of
this Clause.
4. Natural resources and environment authorities
shall direct the updating and modification of the land database and cadastral
records; revocation of certificates or notification of the invalidity of
certificates for land users failing to return certificates.
5. Settlement of complaints about land
expropriation decisions lodged by persons whose land is subject to compulsory
land expropriation must comply with the law on settlement of complaints.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Investment registration authorities or investors
shall send written requests for termination of investment projects with land
use as prescribed by the Investment Law to natural resources and environment
authorities of localities where the land is located, except the cases specified
in Point d Clause 2 Article 48 of the Investment Law.
2. Upon receipt of the written request for approval
of termination of the investment project, the relevant natural resources and
environment authority shall consider and determine the investment project which
is terminated with land expropriation.
3. The land expropriation and implementation of
land expropriation decisions shall adhere to the provisions of Article 15b and
Clauses 2, 3 and 4 Article 66 of this Decree.
Article 66. Procedures for land expropriation
due to violation of law
1. For land expropriation due to violation of law,
when the statute of limitations for sanctioning administrative violations
expires under the Law on handling of administrative violations, competent
sanctioning persons shall make records of administrative violations as a basis
for land expropriation.
When land-related violations of law are not subject
to sanctioning of administrative violations under the law on handling of
administrative violations in the field of land, records of the violations must
be made in the witness of representatives of communal People’s Committees as a basis
for deciding on land expropriation according to the following provisions:
a) [95]
The natural resources and environment authorities or competent authorities
shall conduct inspections to identify the violations defined in Points c, d, g,
h and i Clause 1 Article 64 of the Land Law;
b) Within 07 working days after making a record,
the person assigned to conduct examination or inspection shall send this record
to the competent land expropriation authority for direction for land
expropriation.
2. Natural resources and environment authorities
shall conduct field inspection and verification when necessary and propose
People’s Committees of the same level to decide on land expropriation.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Notify the land expropriation to land users and
publish it on the websites of provincial and district-level People’s
Committees;
b) Direct the handling of the residual value of the
investments on land or property on land (if any) in accordance with law;
c) Organize the coercive enforcement of land
expropriation decisions under Clause 3 Article 65 of this Decree;
d) Arrange funds for the coercion of land
expropriation.
4. Natural resources and environment authorities
shall direct the updating and modification of the land database and cadastral
records; revocation of certificates or notification of the invalidity of
certificates for land users failing to return certificates.
Article 67. Detailed provisions on land
requisition procedures
1. A decision on or written certification of land
requisition must have the following major contents:
a) Full name, position and working place of the
person deciding on land requisition;
b) Name and address of the person whose land is to
be requisitioned or the person currently managing and using land to be
requisitioned;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Purpose and term of land requisition;
dd) Position, area, type of land and property on
land to be requisitioned;
e) Time for handover of requisitioned land.
2. The return of requisitioned land to land users
after the land requisition term must comply with the following provisions:
a) The person competent to decide on land
requisition shall issue a decision on return of requisitioned land and send it
to the person having the requisitioned land;
b) If the person having the requisitioned land
voluntarily donates land to the State, procedures for donation of LURs shall be
carried out in accordance with law.
3. Responsibilities for determination of level of
compensation for damage caused by land requisition are prescribed as follows:
a) The chairperson of the People’s Committee of the
district where the requisitioned land is located shall determine the level of
compensation for damage caused by land requisition, except the case prescribed
in Point b of this Clause;
b) The chairperson of the People’s Committee of the
province or central-affiliated city where the requisitioned land is located
shall determine the level of compensation for damage caused by land requisition
in case the requisitioned land is within the administrative boundaries of
different district-level administrative units.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) The chairperson or a vice chairperson of the
People’s Committee as its head;
b) Members from the natural resources and
environment and finance authorities and other related members;
c) Representative of the authority of the person
competent to issue the land requisition decision;
d) Representatives of the district-level People’s
Court and People’s Procuracy of the locality where the land is located;
dd) Members who are representatives of the communal
Vietnam Fatherland Front;
e) Representative of the person whose land is
requisitioned.
Article 68. Procedures for land allocation, land
lease and permission for repurposing of land for rice cultivation, land for
protective forests and land for reserve forests to other purposes
1. Procedures for appraisal of land use demand and
appraisal of conditions for land allocation, land lease and permission for land
repurposing are prescribed as follows:
a) The requester for land allocation, land lease or
land repurposing shall submit a dossier for appraisal to the natural resources
and environment authority.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) [96]
Within 15 days of receipt of a legitimate dossier, the relevant natural
resources and environment authority shall send a written appraisal report to
the investor as the basis for their preparation of application for land
allocation, land lease or land repurposing.
The time limit specified in this Point shall not
include the time for completing administrative procedures for permission of
repurposing of land for rice cultivation, protective forests or reserve forests
to land used for implementation of investment projects specified in Clause 2 of
this Clause;
c) MONRE shall specify the appraisal of land use
demand and conditions for land allocation, land lease or land repurposing.
2. Procedures for permission for repurposing of
land for rice cultivation, land for protective forests or reserve forests to
land used for implementation of investment projects:
a) Natural resources and environment authorities
shall summarize local demands for repurposing of land for rice cultivation,
land for protective forests or reserve forests to land used for implementation
of investment projects and submit them to People’s Committees of the same level
for reporting to superior People’s Committees or MONRE;
b) Within 10 working days after receiving a
complete and valid dossier, the provincial People’s Committee shall assume the
prime responsibility for appraising the dossier and submit it to the provincial
People’s Council for approval before a competent People’s Committee issues a
land repurposing decision. MONRE shall assume the prime responsibility for, and
cooperate with the Ministry of Agriculture and Rural Development of Vietnam in,
conducting the appraisal and shall propose the Prime Minister of Vietnam to
approve the land repurposing before a competent People’s Committee issues a
decision on such change;
c) After the Prime Minister of Vietnam issues a
written approval of land repurposing, the provincial People’s Council shall
adopt a resolution on land repurposing and a competent People’s Committee shall
organize the land expropriation, allocation, lease or repurposing.
3. Procedures for land allocation and land lease
not through auction of LURs:
a) The natural resources and environment authority
shall guide the investor in compiling a dossier of request for land allocation
or land lease and fulfilling financial obligations as prescribed by law; and
propose a competent People’s Committee to decide on the land allocation or land
lease; and sign a land lease contract, in case of land lease;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) The natural resources and environment authority
shall propose a competent authority to grant a certificate of LURs and
ownership of house and other property on land; organize land allocation in the
field; hand over the certificate to the person that is allocated or leased
land; and direct the updating and modification of the land database and
cadastral records;
4. For land allocation and land lease not through
auction of LURs for implementation of projects as prescribed in Articles 61 and
62 of the Land Law, some preparation steps for land allocation or land lease
concurrently carried out together with procedures for land expropriation are
prescribed as follows:
a) During the implementation of the plan on land
expropriation, investigation, survey, measurement and inventory, the investor
may conduct survey and measurement for elaboration of an investment project in
accordance with the investment law and construction law. The competent
authority shall carry out procedures for appraisal of the investor’s land use
demand and conditions for land allocation or land lease;
b) During implementation of the approved
compensation, support and relocation plan, the investor may submit a dossier of
request for land allocation or land lease without having to wait until the land
clearance is completed.
5. For land allocation and lease through auction of
LURs, procedures for allocation and lease of land with cleared ground are
prescribed as follows:
a) Based on the district-level annual land use plan
approved by a competent authority, the natural resources and environment
authority shall direct the elaboration of a LURs auction plan for submission to
the People’s Committee of the same level for approval;
b) The organization selected under the approved
LURs auction plan shall organize the auction of LURs;
c) The competent People’s Committee shall issue a decision
recognizing the auction winning result;
d) [97]
Within 05 working days after the auction winner fulfills financial obligations,
the natural resources and environment authority shall propose a competent
authority to grant a certificate and sign a land lease contract, in case of
land lease; organize the handover of land in the field and deliver the
certificate; and direct the updating and modification of the land database and
cadastral records.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
6. MONRE shall assume the prime responsibility for,
and cooperate with the Ministry of Justice of Vietnam in, organizing auctions
of LURs upon land allocation or lease by the State.
Article 68a. Conditions
and criteria for permission of repurposing of land for rice cultivation, land
for protective forests or reserve forests to land used for implementation of
investment projects [98]
1. There are investment projects of which
investment guidelines have been approved or to which investment registration
certificates have been issued in accordance with regulations of the Investment
Law.
2. Investment projects must be conformable with
district-level land use plannings and included in district-level annual land
use plans which have been approved in accordance with regulations of law.
3. There are replacement afforestation plans or
documents certifying fulfillment of obligation to pay replacement afforestation
costs in accordance with regulations of the Forestry Law, in case of repurposing
of land for protective forests or reserve forests to other purposes; plans for
use of topsoils in accordance with regulations of the law on crop production,
in case of repurposing of land for rice cultivation to other purposes.
4. There are preliminary environmental impact
assessment reports/ environmental impact assessment reports as prescribed by
the Law on environmental protection (if any).
5. Authorities or persons competent to conduct
appraisal and approval of policies for repurposing of land for protective
forests, land for reserve forests and land for rice cultivation to other
purposes shall assume responsibility for the contents specified in Clauses 2
and 3 of this Article but assume no responsibility for other contents which
have been previously appraised, approved, decided or considered by other
competent authorities or persons.
Article 68b. Procedures
for land allocation and land lease in cases specified in Clause 3 Article 29 of
Investment Law[99]
If investors are approved as prescribed in Clause 3
Article 29 of the 2020 Investment Law, procedures for land allocation, land
lease and land repurposing specified in Clause 3 Article 68 of this Decree
shall apply. Competent authorities shall follow procedures for approval of
investors that meet relevant conditions laid down in relevant laws.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 69. Procedures for permission for land
repurposing
1. A land user shall submit a written request for
permission of land repurposing together with the issuance of certificate to the
natural resources and environment authority.
2. The natural resources and environment authority
shall appraise the dossier; conduct field verification and appraise the demand
for change of land use purpose; guide the land user in fulfilling financial
obligations in accordance with law; propose the competent People’s Committee to
permit the change of land use purpose; and direct the updating and modification
of the land database and cadastral records.
An investor that acquires LURs from a current land
user for implementation of an investment project shall carry out procedures for
transfer of LURs concurrently with procedures for permission for change of land
use purpose.
3. Land users shall fulfill financial obligations
under regulations.
Article 69a.[100] (abrogated)
Section 3. PROCEDURES FOR REGISTRATION OF LAND
AND PROPERTY ON LAND AND ISSUANCE OF CERTIFICATE OF LURS AND OWNERSHIP OF HOUSE
AND PROPERTY ON LAND
Article 70. Procedures for initial registration
of land and property on land and issuance of certificate of LURs and ownership
of house and property on land, and additional registration of property on land
1. A land user shall submit a set of dossier under
regulations for carrying out registration procedures.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) For land registration, certifying the current
land use status as compared with declared registration contents. In case the
papers specified in Article 100 of the Land Law and Article 18 of this Decree
are not available, certifying the origin and the time of land use, state of
land use-related dispute and conformity with planning.
For registration of property on land, certifying
the current state of property on land as compared with declared registration
contents. In case the papers specified in Articles 31, 32, 33 and 34 of this
Decree are not available, certifying the status of dispute over the property
ownership; for houses and construction facilities, certifying the time of
creation of property, case subject or not subject to construction licensing and
conformity with approved planning; certifying plans of houses or construction
facilities in case of unavailability of certification by a legal entity engaged
in construction or map survey operations;
b) In case of unavailability of cadastral maps,
before performing the tasks specified in Point a of this Clause, notifying the
land registration office to conduct cadastral measurement of the land parcel or
examine the cadastral measurement document of the land parcel submitted by the
land user (if any);
c) Publicly posting up for 15 days the results of
dossier examination, certification of current land use status and state of
dispute, origin and use time of land at its office and in the residential area
where the land and property on land are located; considering and settling
feedback on the publicly posted contents, and sending the dossier to the land
registration office.
3. The land registration office shall perform the
following tasks:
a) For households, individuals and communities
submitting dossiers to the land registration office, sending the dossiers to
the communal People’s Committee for certification and publication of results
under Clause 2 of this Article;
b) Extracting cadastral maps or conducting
cadastral measurement of land parcels without cadastral maps or with cadastral
maps but changed land use boundaries or examining cadastral measurement
documents of land parcels submitted by land users (if any);
c) Examining and certifying plans of property on
land which have not been certified by legal entities engaged in construction or
map survey operations, for domestic organizations, religious establishments,
foreign organizations and individuals and overseas Vietnamese implementing
investment projects;
d) Examining registration dossiers; conducting
field verification when necessary; certifying in the written requests the
eligibility or ineligibility for issuance of certificates of LURs and ownership
of house and other property on land;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
e) Updating information on land parcels and
property on land, registering in the cadastral records and land database (if
any);
g) For land users applying for certificates of LURs
and ownership of house and other property on land, sending cadastral information
to the tax authority for determination and notification of financial
obligations, except cases not subject to financial obligations or entitled to
owe financial obligations as prescribed by law; preparing dossiers for the
natural resources and environment authority to submit for signing certificates
of LURs and ownership of house and other property on land; additionally
updating the issuance of certificates of LURs and ownership of house and other
property on land to the cadastral records and land database; handing over
certificates of LURs and ownership of house and other property on land to the
persons concerned or sending these certificates to the communal People’s
Committee for handover to the persons concerned, if dossiers are submitted at
the commune level.
4. The natural resources and environment authority
shall perform the following tasks:
a) Examining dossiers and proposing a competent
authority to issue certificates of LURs and ownership of house and other
property on land;
In case of land lease, proposing a competent
People’s Committee to sign land lease decisions; signing land lease contracts
and proposing a competent authority to issue certificates of LURs and ownership
of house and other property on land after land users have fulfilled financial
obligations in accordance with law.
b) Sending processed dossiers to the land
registration office.
5. A land user that has registered land in
accordance with law and now wishes to obtain a certificate of LURs and
ownership of house and other property on land shall submit an application for
such certificate. The land registration office and natural resources and
environment authority shall perform the tasks specified in Point g Clause 3,
and Clause 4 of this Article.
Article 71. Procedures for land registration for
those that are allocated land by State for management
1. A person that has been using land allocated by
the State for management under Article 8 of the Land Law but has not registered
such land shall submit 01 set of land registration dossier. The land
registration office shall examine the current land use status and update
information in the cadastral records and land database.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 72. Procedures for registration and
issuance of certificates of LURs and ownership of house and other property on
land to persons who have LURs through transfer or buy houses and construction
facilities under housing development projects and under real estate business
projects other than housing development projects [101]
1. After completing a work, the housing development
project investor shall send to the provincial Department of Natural Resources
and Environment the following documents:
a) Certificate or decision on land allocation or
land lease issued by a competent authority; documents certifying the investor’s
fulfillment of financial obligations, and documents proving fulfillment of
financial obligations in case there are changes in such financial obligations
(except cases where financial obligations are exempted or may be delayed as
prescribed by law);
b) Plans of built houses and land which are
as-built drawings of the ground or design drawings of the ground with sizes of
edges of each sold apartment in conformity with the current construction status
and signed contract; construction permit (if any); construction authority’s
written permission for investor’s work acceptance or approval of results of
acceptance testing of finished work for putting to use in accordance with
regulations of the Construction Law; list of apartments and construction
facilities for sale (with information on apartment number, land area,
construction area and shared use area and area of each apartment); for an
apartment building, the plan must show the scope (size and area) of the land
for shared use of apartment owners, construction ground of the apartment
building and grounds of each floor and each apartment;
c) Reports on project implementation results.
2. Within 30 days after receiving a dossier, the
provincial Department of Natural Resources and Environment shall examine the
current land use status and built houses and construction facilities and
conditions for transfer of LURs and sale of houses of the project investor.
After completing the examination, the provincial
Department of Natural Resources and Environment shall send to the project investor
a notice of examination results; send the notice together with the plan of
examined houses and land to the land registration office for implementing
procedures for registration of houses and land for buyers, for cases eligible
as prescribed by law; publicly post examination results on the websites of the
People's Committee and the Department of Natural Resources and Environment of
province or central-affiliated city where the land is located.
3. The housing project investor shall submit 01 set
of dossier for registration and issuance of a certificate of LURs and ownership
of house and other property on land on behalf of the transferees of LURs and
buyers of houses and construction facilities or provide dossiers for buyers to
follow registration procedures themselves. A dossier must comprise:
a) Written request for registration of land and
property on land and issuance of certificate of LURs and ownership of house and
other property on land;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Record of handover of houses, land and
construction facilities.
4. The land registration office shall perform the
following tasks:
a) Examining legal documents in the dossier;
certifying the eligibility or ineligibility for issuance of a certificate of
LURs and ownership of house and other property on land in the written request
for registration;
b) Sending cadastral information to the tax
authority for determination of financial obligations (if any);
c) Updating information in the cadastral records
and land database (if any);
d) Preparing a dossier for submission to a
competent authority for issuance of certificate of LURs and ownership of house
and other property on land under Article 37 of this Decree;
dd) Requesting the project investor to submit the
issued certificate of LURs and ownership of house and other property on land
for modification of the cadastral records and land database;
e) Handing over the certificate of LURs and
ownership of house and other property on land to the applicant.
5. Land registration offices shall receive dossiers
and handle procedures for registration and issuance of certificates to
transferees of LURs and buyers of houses and construction facilities under
housing development projects in cases adequate dossiers are submitted as
prescribed in Clause 3 of this Article.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The size of a residential land parcel, pursuant to
Point b Clause 5 Article 24 of this Decree, shall be re-verified in the
following manner:
1. The land user submits 01 application for
re-verification of the size of residential land to the authority defined in
Article 60 of this Decree.
2. The land registration office shall be
responsible for examining the documents on which certification was previously
founded and, if re-verification of residential land size adheres to Clause 5
Article 24 of this Decree, report to the competent authority defined in Article
37 of this Decree for issuance of the certificate of LURs and ownership of
house and property on land. Furthermore, the cadastral record and land database
shall be updated and the certificate of LURs and ownership of house and other
property on land is bestowed upon or forwarded to the land user through the
communal People’s Committee that takes in the application.
Article 73. Procedures for registration of
establishment, change or termination of limited use rights on adjacent land
parcels
1. When arise, change or terminate the limited use
rights on the adjacent land parcel, one of the parties shall submit a written
request, the certificate (if any), the contract or the judgment or decision of
the people’s court to the land registration office.
2. The land registration office shall check and
update in the cadastral records and land database and write on the certificate
if requested.
Article 74. Procedures for extension of land-use
term; certification of continued use of agricultural land of households and
individuals upon expiration of land-use term
1. Organizations, overseas Vietnamese,
foreign-invested enterprises, households or individuals that use land outside
hi-tech zones or economic zones and do not fall into the cases prescribed in
Clauses 2 and 3 of this Article, if wishing to extend their land-use term,
shall comply with the following provisions:
a) At least 06 months before the expiration of the
land-use term, a land user that wishes to extend the land-use term shall submit
01 set of dossier of request for extension of land-use term.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) The natural resources and environment authority
shall appraise the land use demand; if the conditions for extension are fully
met, it shall assign the land registration office to send cadastral information
to the tax authority for determining financial obligations; submit the dossier
to the People’s Committee of the same level for decision on the extension of
LURs; sign a land lease contract, in case of land lease; and transfer the
dossier to the land registration office for registration.
In case the land-use term extension requires
registration of the adjustment of the investment project, the appraisal of the
land use demand and the registration of the adjustment of the investment
project shall be conducted concurrently.
In case the operation term of an investment project
is changed due to the adjustment of its size, the land-use term may be adjusted
according to the operation term of the project;
c) If the land-use term extension is permitted, the
land user shall submit the issued certificate and documents on fulfillment of
financial obligations to the natural resources and environment authority;
d) The land registration office shall certify the
extension of the land-use term in the issued certificate; adjust and update the
change in the cadastral records and land database; hand over the certificate to
the requester or send it to the communal People’s Committee for handover, in
case of submission of dossiers at commune level;
dd) If the conditions for extension of land-use
term are not fully met, the natural resources and environment authority shall
notify it to the land user concerned and carry out land expropriation
procedures according to regulations.
2. Households and individuals directly engaged in
agricultural production that are using agricultural land allocated, or with
LURs recognized, by the State, or acquired through transfer, may continue using
such land according to the term prescribed in Clause 1 Article 126 and Clause 3
Article 210 of the Land Law upon the expiration of the land-use term without
having to register the adjustment of the land-use term.
3. A household or an individual specified in Clause
2 of this Article that wishes to have the land-use term re-certified in the
certificate shall comply with the following order and procedures:
a) The land user shall submit a dossier of request
for re-certification of land-use term;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) The land registration office shall check the
dossier; certify the duration for continued land use according to the term
prescribed in Clause 1 Article 126 and Clause 3 Article 210 of the Land Law in
the issued certificate; adjust and update the change in the cadastral records
and land database, and hand over the certificate to the land user or send it to
the communal People’s Committee for handover, in case of submission of dossiers
at commune level.
Article 74a. Procedures
for extension of religious establishments’ use of agricultural land[103]
The extension of a religious establishment’s use of
its agricultural land shall proceed in the following manner:
1. The religious establishment submits 01
application for land use extension no less than 06 months prior to the
expiration of its LURs.
2. The provincial Department of Natural resources
and Environment is responsible for assessing the demand for land use and for,
if conditions are met, reporting to the provincial People's Committee that
shall decide on the extension of LURs. The documents shall be then transferred
to the land registration office for registration.
3. The religious establishment returns the issued
certificate, in case of land use extension, to the provincial Department of
Natural resources and Environment.
4. The land registration office is responsible for
certifying the extension of land use onto the issued certificate; updating the
cadastral record and land database and granting the certificate to the
religious establishment.
5. The provincial Department of Natural Resources
and Environment informs the land user that does not qualify for land use
extension and follow the procedure of land expropriation as per regulations.
Article 75. Procedures for land parcel
subdivision or consolidation
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. The land registration office shall perform the
following tasks:
a) Conduct cadastral surveys for land parcel
subdivision;
b) Make dossiers and submit them to a competent
authority for granting certificates of LURs and ownership of house and other
property on land to the land users with regard to newly subdivided or
consolidated land parcels;
c) Adjust and update the change in the cadastral
records and land database; hand over the certificates of LURs and ownership of
house and other property on land to the land users concerned or send them to
the communal People’s Committees for handover, in case of submission of
dossiers at commune level.
3. In case a land parcel is subdivided due to the
transfer of the use rights on part of the land parcel or due to the settlement
of a dispute, complaint, denunciation or land auction, or due to the division of
the land-using household or group of land users; due to the handling of a
mortgage or capital contribution contract, distraint and auction of LURs for
enforcement of a judgment (hereinafter referred to as “transfer of rights”),
the land registration office shall:
a) [104]
Conduct cadastral surveying for subdivision of land parcels and making an
extract of the newly subdivided land parcels according to the results of
cadastral surveying data which is transferred to land users in order for them
to sign contracts, transactional documents relating to the rights to use a part
of the newly subdivided parcel;
b) Carry out the change registration procedures as
prescribed by this Decree for the part of land area on which rights are transferred;
at the same time certify the change in the granted certificate or submit the
case to an authority competent to issue the certificate of LURs and ownership
of house and other property on land for the remaining area of the land parcel
on which rights are not transferred; adjust and update the change in the
cadastral records and land database; hand over the certificate to the land user
concerned or send it to the communal People’s Committee for handover, in case
of submission of dossiers at commune level.
4. In case a land parcel is subdivided due to the
expropriation by the State of part of the land parcel, the natural resources
and environment authority shall direct the land registration office to perform
the following tasks pursuant to the expropriation decision of a competent
authority:
a) Surveying and adjusting the cadastral map,
cadastral records and land database;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 75a. Conditions
for land subdivision and consolidation, and minimum areas of subdivided land
parcels[105]
Based on local land use plannings/plans and
detailed construction plannings as well as specific conditions, provincial
People’s Committees shall set out detailed conditions for land subdivision and
consolidation by land types, and minimum areas of subdivided land parcels by
land types.
Article 76. Replacement of certificates,
certificates of house ownership and certificates of ownership of construction
works
1. Replacement of issued certificates, certificates
of house ownership and certificates of ownership of construction works shall be
considered in the following cases:
a) Land users that wish to replace their
certificates of house ownership, certificates of ownership of construction
works, or certificates issued before December 10, 2009, into certificates of
LURs and ownership of house and other property on land;
b) Issued certificates, certificates of house
ownership and certificates of ownership of construction works are smeared,
blurry, ragged or damaged;
c) [106]
The area and size of the land parcel is re-verified;
d) A request for writing of full names of both
husband and wife in the certificates is submitted, in case LURs are or
ownership of property on land is common property of husband and wife but the
certificates only indicate the full name of either of them.
2. A land user shall submit 01 set of dossier of
the request for certificate replacement.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Check the dossier and certify the reason for
certificate replacement in the written request;
b) Make a dossier and submit it to a competent
authority for issuing a certificate of LURs and ownership of house and other
property on land;
c) Adjust and update the change in the cadastral
records and land database; hand over the certificate of LURs and ownership of
house and other property on land to the land user concerned or send it to the
communal People’s Committees for handover, in case of submission of dossiers at
commune level.
4. In case the certificate is replaced after [107] survey and
making of cadastral maps but the issued certificate is currently mortgaged at a
credit institution, the land user shall submit a copy of the contract on
mortgage of LURs and property on land in replacement of the issued certificate
in carrying out the replacement procedures.
The land registration office shall notify the list
of cases of request for replacement of the certificate to the credit
institution at which LURs and property on land are mortgaged; and certify the
mortgage registration in the certificate of LURs and ownership of house and
other property on land after it is signed and granted by a competent authority.
5. The handover of certificates of LURs and
ownership of house and other property on land in the cases of replacement
specified in Clause 4 of this Article shall be carried out by triple parties
including the land registration office, land user and credit institution under
the following provisions:
a) The land user shall sign and receive the new
certificate from the land registration office and hand it over to the credit
institution being the mortgagee;
b) The credit institution shall hand over the
mortgaged old certificate to the land registration office for management.
Article 77. Re-issuance of certificates, certificates
of house ownership and certificates of ownership of construction works due to
loss
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Domestic organizations, religious establishments,
foreign organizations, foreigners or overseas Vietnamese shall announce the
loss of their certificates, certificates of house ownership or certificates of
ownership of construction works in the local mass media.
2. After 30 days from the date of posting up the
loss of the certificate at the office of the communal People’s Committee, for
households, individuals or communities, or from the date of the first
announcement in the local mass media, for domestic organizations, religious
establishments, foreign organizations, foreigners or overseas Vietnamese, the
person whose certificate is lost shall submit a dossier of request for
re-issuance of the certificate.
3. The land registration office shall check the
dossier; the extract of the cadastral map or the extract of the cadastral
survey of the land parcel, in case the cadastral map is unavailable and a
cadastral survey of the land parcel has not yet been conducted; make a dossier
and submit it to a competent authority defined in Article 37 of this Decree for
signing a decision to cancel the lost certificate and sign and re-issue the
certificate of LURs and ownership of houses and other property on land; and
adjust and update the change in the cadastral records and land database; hand
over the certificate to the land user concerned or send it to the communal
People’s Committees for handover, in case of submission of dossiers at commune
level.
Article 78. Procedures for exchanging
agricultural LURs of households and individuals for consolidation and swap of
land parcels
1. Households or individuals using agricultural
land themselves shall reach agreement on the documents on exchanging
agricultural LURs.
2. Communal People’s Committees shall make plans on
exchanging agricultural LURs for the whole communes, wards or townships
(including the exchange schedule), and send them to district-level Departments
of Natural Resources and Environment.
3. District-level Departments of Natural Resources
and Environment shall verify the plans and submit them to district-level
People’s Committees for approval, which shall then direct communal People’s
Committees to organize the swap of agricultural land among households and
individuals according to the approved plans.
4. Provincial Departments of Natural Resources and
Environment shall direct the survey, making and adjustment of cadastral maps.
5.[108] Households and individuals using land
shall submit dossiers for issuance of certificates.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Check the dossiers and certify the change in the
written requests for issuance of certificate;
b) Make dossiers and submit them to district-level
Departments of Natural Resources and Environment for requesting district-level
People’s Committees for issuance of certificates to persons who have finished
consolidation and swap of land parcels under approved plans.
c) Make or update and adjust the cadastral records
and land database; hand over certificates of LURs and ownership of house and
other property on land to land users in communes, wards or townships where the
land is located.
In case the LURs and property on land are currently
mortgaged at a credit institution, the land user shall submit a copy of the
contract on mortgage of LURs and property on land in replacement of the issued
certificate in carrying out the procedures for issuance of a new certificate.
The land registration office shall notify the list of cases of request for
issuance of the certificate to the credit institution at which LURs and
property on land are mortgaged; and certify the mortgage registration in the
certificate after it is signed and granted by a competent authority. The
granting of the certificates is carried out simultaneously between three
parties, including the land registration office, the land user and the credit
institution. The land user shall sign and receive the new certificate of LURs
and ownership of house and other property on land from the land registration
office and then to hand it over to the credit institution that is acting as the
mortgagee. The credit institution shall have to hand over the old certificate
which is being mortgaged to the land registration office for their management purposes.
Article 79. Procedures for exchange, transfer,
lease, sub-lease, inheritance, donation, contribution as capital of LURs and
ownership of property on land; conversion of LURs and ownership of property on
land of husband or wife into common rights and ownership of both husband and
wife
1. A land user shall submit 01 set of dossier for
exercise of rights of land users and owners of property on land.
For exercising the rights of land users on part of
a land parcel, before submitting dossiers for exercise of rights of land users,
land users shall request the land registration office to measure and divide the
land area on which land users need to exercise their rights.
2. The land registration office shall check
dossiers. If seeing that all conditions for exercise of rights are fully met
under regulations, it shall:
a) Send cadastral information to the tax authority
for determination and notification of financial obligations, in case financial
obligations must be fulfilled under regulations;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
In case a certificate of LURs and ownership of
house and other property on land must be issued, it shall make a dossier and
submit it to a competent authority for issuing such certificate to the land
user concerned;
c) Adjust and update changes in the cadastral
records and land database; hand over the certificates to land users or to
communal People’s Committees for handover, in case of submission of dossiers at
commune level.
3. In case a land user donates LURs for the
construction of public facilities, a document on donation of LURs must be made
under regulations.
After the construction of public facilities on the
donated land is completed, the land registration office shall base itself on
the donation document already certified by the communal People’s Committee and
on the current land use status to survey and update the change in the cadastral
records and land database, and notify the land user to submit the issued
certificate for change certification. In case the land user donates the whole
land area under the issued certificate, the land registration office shall
revoke the certificate for management.
4. In case the applicant for a certificate dies
before being handed over the certificate, the person who inherits LURs in
accordance with the Inheritance Law shall additionally submit a paper on
inheritance as prescribed.
The land registration office shall certify the
inheritance in the issued certificate or make a dossier and submit it to a
competent authority for granting the certificate of LURs and ownership of house
and other property on land to the heir under regulations of MONRE. The heir
shall perform financial obligations for LURs and property on land in case the
deceased has such financial obligations as prescribed by law.
5. In case the users of land leased from the State
with annual rent payment sell or contribute as capital leased property on land,
they shall comply with the following order and procedures:
a) Selling or contributing as capital leased
property on land in accordance with the Civil Code;
b) After receiving the dossier of the sale or
contribution as capital of leased property on land, the land registration
office shall make a dossier for the purchaser or recipient of contributed
capital being property on land to lease the land;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) The land registration office shall send the land
lease contract to the purchaser or recipient of property contributed as
capital; adjust and update the change in the cadastral records and land
database; and hand over the certificate;
dd) In case of purchase and sale or contribution as
capital of property on part of a leased land parcel, the land users shall carry
out the procedures for subdivision of the land parcel before carrying out land
lease procedures prescribed in this Clause.
Article 79a. Procedures
for registration of land parcels over which the right of use is acquired for
business purposes[110]
The registration of land parcels over which the
right of use is acquired through transfer, lease or capital contribution for
the operation of a business project or facility pursuant to Article 73 of the
Land Law shall proceed in the following manner:
1. If the land parcels reserved for the business
project or facility are used for a purpose different from that defined upon the
investor's acquisition of such land parcels through transfer, renting or
capital contribution in the form of LURs, the following process shall apply:
a) If the investor rents LURs from land users, such
land users shall undergo the procedure of land use conversion before renting
out their LURs to the investor;
b) If the investor receives capital contributions
in the form of LURs, the land users shall undergo the procedure of land use
conversion before contributing their LURs to the main investor. Otherwise, the
investor can have land use purposes converted after the contribution of capital
in the form of LURs completes;
c) If the LURs are transferred from the land users
to the investor, the transfer procedure shall precede the land use conversion.
2. If the land parcels reserved for the business
project or facility are used for a purpose identical to that defined upon the
acquisition of such land parcels through transfer, renting or capital
contribution in the form of LURs, the investor or land users shall proceed
pursuant to Article 79 of this Decree.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 80. Procedures for deregistration of
lease, sub-lease or contribution as capital of LURs and ownership of property
on land
1. One or all of the parties to the contract on
lease, sublease or contribution as capital of LURs and ownership of property on
land shall submit a dossier set for deregistration of lease, sub-lease or
contribution as capital of LURs and ownership property on land.
2. The land registration office shall check the
dossier; if seeing that the dossier is valid, it shall:
a) [111]
Certify the deregistration of the lease, sub-lease or contribution as capital
in the certificate under regulations and hand over it to the lessor, sub-lessor
or contributor. In case of leasing or subleasing land in an industrial park or
of contributing as capital LURs in which the certificates have been issued to
the lessees, sub-lessees or recipients, it shall revoke the issued
certificates; the recipients shall be re-issued the certificates of LURs and
ownership of house and other property on land.
If the land-use term expires at the same time with
the deregistration of the lease, sublease or contribution as capital of LURs
and ownership of property on land and the land user does not wish to continue
using the land or a competent authority refuses to extend the land-use term,
the issued certificate shall be revoked;
b) Deregister the lease, sub-lease or contribution
as capital of LURs and ownership of property on land in the cadastral records
and land database.
3. The contribution of LURs as capital shall
terminate in the following cases:
a) The duration of contribution of LURs as capital
expires;
b) Such termination is requested by one or all of
the parties as agreed upon in the capital contribution contract;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) The party contributing LURs as capital to the
business cooperation contract or joint venture enterprise is declared bankrupt
or dissolved;
dd) The individual participating in the capital
contribution contract dies; is declared dead; loses the civil act capacity or
has it restricted; is banned from operation in the field of business
cooperation while such contract must be performed by such individual;
e) The legal entity participating in the capital
contribution contract terminates operation while such contract must be
performed by such legal entity.
4. Upon termination of the capital contribution,
LURs shall be handled as follows:
a) [112]
If the capital contribution duration expires or the parties reach agreement on
the termination of the capital contribution, the party contributing LURs as
capital is entitled to further use the land for the remaining duration.
In the event that the investor applies for
registration or land use conversion after the land user contributes the LURs as
capital, the rights and obligations between the contributor and the recipient
upon the expiration of capital contribution shall adhere to their agreement as
per the laws. If the contributor does not desire to continue using the land
upon the expiration of land-use term, the State shall expropriate the land.
b) If the capital contribution terminates under a
decision of a competent authority due to a violation of the land law, the State
shall expropriate such land;
c) If the recipient or the contributor of LURs as
capital is an organization which falls bankrupt, the contributed LURs shall be
handled under the bankruptcy declaration decision of a competent people's
court.
The person who receives LURs and property on land
under the court’s decision may continue using the land for the determined
purpose for the remaining land-use term and shall be issued with the
certificate of LURs and ownership of house and other property on land.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) If the individual entering into the capital
contribution contract dies, his/her LURs already contributed as capital may be
bequeathed in accordance with the Civil Code;
dd) In case the individual entering into the
capital contribution is declared dead or has his/her civil act capacity
restricted, his/her contributed LURs shall be handled in accordance with the
Civil Code;
e) If the joint-venture enterprise or the
institutional party contributing LURs as capital is dissolved, the contributed
LURs shall be handled as agreed upon between the parties in accordance with the
Land Law and other relevant laws.
Article 81. Procedures for registration or
deregistration of mortgage of LURs and handling of mortgaged LURs, for debt
recovery
1. The Ministry of Justice of Vietnam shall assume
the prime responsibility for, and cooperate with MONRE in, guiding the
registration of the mortgage of LURs and property on land.
2. The handling of LURs already guaranteed under
the 2003 Land Law or already mortgaged for debt recovery is prescribed as
follows:
a) The mortgaged or guaranteed LURs shall be
handled as agreed in the mortgage or guaranty contracts. If they cannot be
handled as agreed, the mortgagee or guarantee may transfer the mortgaged or
guaranteed LURs to another person for debt recovery, or request a competent
authority to auction such LURs without having to obtain the consent of the
mortgagor or guarantor, or file a lawsuit to a people’s court in accordance
with law;
b) The person receiving LURs under Point a of this
Clause shall be issued with a certificate of LURs and ownership of house and
other property on land; may use the land for the determined purpose and has the
rights and obligations as prescribed in the Land Law for the remaining land-use
term; for residential land, the land user may use it in a stable and permanent
manner.
c) [113]
When an organization permitted to trade in debts as per the laws buys a debt
secured by LURs under mortgage or guaranty pursuant to the 2003 Land Law from
the mortgagee or creditor, such organization shall inherit the rights and
obligations of the mortgagee or creditor as defined in the contract of mortgage
or guaranty. The debt trading organization has the right to liquidate the LURs
under mortgage or guaranty according to the signed contract of mortgage or
guaranty.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3.[114] The LURs shall be handled in the
following manner upon the liquidation of the property on land parcel rented out
on annual rental basis for debt recovery:
a) In the event that the user of the land parcel
rented out on annual rent payment basis has mortgaged or has given the property
on land as guarantee pursuant to the 2003 Land Law but has failed its
obligations to the mortgagee or creditor, the State shall expropriate the land
from the mortgagor or guarantor and then lease it to the buyer or recipient of
the property, unless otherwise negotiated. The buyer or recipient of the
property used as guarantee shall negotiate, with the mortgagor or guarantor,
the settlement of the remaining cost of investment in the land up to the time
of land expropriation. If negotiation fails, the entities involved
have the right to petition a court as per the laws;
b) The State shall continue leasing the land to the
buyer or recipient of the property for the remaining land-use term with the collection
of land levies for the purpose of use defined. Land repurposing, if
requested, shall be subject to the Land Law and this Decree;
c) The buyer of the property has to adhere to the
requirements laid down in Clause 2 Article 189 of the Land Law.
Article 82. Procedures for registration and
issuance of certificates of LURs and ownership of house and other property on
land in case LURs have been transferred but procedures for transfer of such
rights have not yet been carried out
1.[115] A user of a land parcel that fails to
possess a certificate, if using such land parcel under a following circumstance
but not in an event defined in Clause 2 of this Article, shall apply for land
registration and for initial issuance of certificate of LURs and ownership of
house and property on land as per the Land Law and this Decree without
undergoing the procedure for transfer of LURs. In addition, the authority
taking in the application cannot request the transferee of LURs to submit the contract
and documents on LURs transfer as per the laws:
a) The land parcel was acquired through transfer or
donation of LURs before January 01, 2008;
b) The land parcel was acquired through transfer or
donation of LURs from January 01, 2008 to a date before July 01, 2014 and
the documents on LURs pursuant to Article 100 of the Land Law and Article 18 of
this Decree is are available;
c) The land parcel was acquired through inheritance
of LURs before July 01, 2014.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Such transferee of LURs shall submit an
application for issuance of certificate of LURs and ownership of house and
other property on land and available LURs papers;
b) The land registration office shall notify the
LURs transferor in writing and post up at the office of the communal People’s
Committee of the place where the land is located of the carrying out of the
procedures to issue a certificate of LURs and ownership of house and other
property on land to the LURs transferee. If the LURs transferor’s address is
unknown, an announcement must be published in the local mass media for three
consecutive issues (announcement expenses shall be paid by the applicant for
the certificate);
c) After 30 days from the date of notification or
first announcement in the local mass media, if there is no written claim for
dispute settlement, the land registration office shall make a dossier and
submit it to a competent authority for issuing a decision to cancel the issued
certificate, in case the certificate is not submitted, and concurrently issue a
new certificate of LURs and ownership of house and other property on land to
the rights transferee.
If receiving a written claim for dispute
settlement, the land registration office shall instruct the parties to file
such claim with a state authority competent to settle disputes according to
regulations.
Article 83. Procedures for change registration
in case of establishment of private enterprises, transfer of investment
projects or transformation of companies; split-up, split-off, consolidation or
merger of enterprises
1. In case a household or an individual sets up a
private enterprise and uses land for such enterprise’s production and business
activities without changing the land use purpose, the private enterprise may
continue using the land and shall carry out the procedures for registration of
the change of the name of land user under Point b Clause 4 Article 95 of the
Land Law and Article 85 of this Decree. In case of using land leased by the
State, the private enterprise shall re-sign the land lease contract with the
provincial Department of Natural Resources and Environment prior to receipt of
a certificate.
In case a household or an individual sets up a
private enterprise and uses land for such enterprise’s production and business
activities for a new purpose for which permission must be obtained, the private
enterprise shall carry out the procedures for land use purpose change. It shall
submit a dossier of request for permission for land repurposing together with a
dossier of registration of the change of the name of land user; competent
authorities shall consider and decide to give permission for land repurposing
and consider and certify the change of the name of land user at the same time.
When the private enterprise terminates operation
and its LURs are not dealt with in accordance with law, registration of the
change of the name of land user may be made for the household or individual
concerned under Point b Clause 4 Article 95 of the Land Law and Article 85 of
this Decree.
2. In case of transfer of investment projects using
land in accordance with law, the following provisions shall be complied with:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) In case of transfer of a project in which the
transferor is allocated land by the State without land levies, is leased land
with annual land rent payment or is allocated land with land levies or is
leased land with full lump-sum land rent payment for the entire lease term or
acquires LURs and the paid land levies, land rent or amount for the transfer of
LURs originates from the state budget, the related parties shall submit the
project transfer contract and the issued certificate for carrying out the
procedures as in the case of sale of property on land.
The provincial Department of Natural Resources and
Environment shall submit the dossier to the provincial People’s Committee for
issue a decision to expropriate land from the project transferor and to
allocate or lease land to the project transferee; grant a certificate of LURs
and ownership of house and other property on land to the project transferee in
accordance with the land law.
3. The MONRE shall issued detailed regulations on
registration of land-related changes in the case of transformation of companies
or split-up, split-off, consolidation and merger of enterprises.
Article 83a. Procedures
for registration of change upon households’ or individuals’ moving of LURs into
a company[116]
1. When a household or individual renting a land
parcel from the State on annual rent basis establishes a company and continues
using such land parcel for the purpose defined in the State’s lease, the
company can use the land parcel for the remaining land use term and is
responsible for applying for registration of land user change pursuant to Point
b Clause 4 Article 95 of the Land Law and Article 85 of this Decree.
The land registration office shall be responsible for
notifying the change of land user to the People’s Committee of the district
where the land parcel exists to terminate the land lease contract with the
household or individual.
The company shall then sign the land lease contract
with the provincial Department of Natural Resources and Environment before the
procedure for issuance of certificate of LURs and ownership of house and
property on land as per regulations.
The base land price from which the land rent is
computed for the company after its establishment shall be the base price from
which the household’s or individual's land rent was determined if the company
is founded during the 05-year cycle of land rent stabilization and the rent is
subject to recalculation as per the State’s regulations.
2. If the land parcel that the household or
individual is using is not rented out on annual rent basis and the purpose of
land use remains unchanged upon the establishment of a company by the
household's member(s) or the individual, the company can continue using such
land parcel and is responsible for applying for registration of change as per
the regulations of the Land Law.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 84. Procedures for registration of
change of land and property on land in cases of winning auctions of LURs;
settlement of land-related disputes, complaints or denunciations; handling of
mortgage and capital contribution contracts; distraint and auction of LURs and
property on land for judgment enforcement; split-up, split-off, consolidation
and merger of organizations or transformation of companies; agreement on
consolidation or division of LURs and ownership of property on land of
households, husband and wife or group of land users
1. Persons responsible for submitting dossiers are
prescribed as follows:
a) Recipients of LURs and property on land shall
submit dossiers for the cases of receiving LURs according to results of
settlement of land-related disputes, complaints or denunciations; handling of
contracts on mortgage of LURs and property on land under agreement; decisions
or judgments of people’s courts, judgment enforcement decisions of judgment
enforcement authorities already enforced; results of auctions of LURs and
property on land; and division or splitting of households or group of land
users;
b) Organizations that have dealt with LURs and
property on land shall submit dossiers on behalf of recipients of LURs in the
cases of handling contracts on mortgage or contribution as capital of LURs and
property on land not under agreement; distraint and auction of LURs and
property on land for judgment enforcement in accordance with law.
2. The submission of dossiers for registration of
LURs and property on land must comply with Articles 60 and 79 of this Decree.
3. The land registration office shall check the
dossier. If the dossier is valid, the land registration office shall:
a) Measure the land parcel, if it has no cadastral
map or is not measured yet, or LURs on part of the land parcel which has a
certificate are transferred;
b) Send cadastral information to the tax authority
for determining financial obligations, in case the financial obligations must
be fulfilled under regulations, and for notifying such financial obligations;
c) Give certification in the issued certificate. If
a certificate of LURs and ownership of house and other property on land is to
be issued according to regulations, make a dossier and submit it to an
authority competent to issue such certificate, when so requested;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 85. Procedures for registration of
changes in land and property on land due to changes in information on
certificate holders; decrease of land parcel area due to natural erosion;
changes in limitations on LURs; changes in financial obligations; changes in
property on land compared to registered contents or issued certificates; change
from land lease with annual land rent payment to land lease with full lump-sum
land rent payment for the entire lease term or from land allocation without
land levies to land lease or from land lease to land allocation with land
levies
1. A land user shall submit a dossier of change
registration.
2. The land registration office shall check the
dossier. If the dossier is valid, the land registration office shall:
a) Measure the land parcel, if there is a change in
the land parcel area and property on land or the certificate has been issued
but the land parcel has no cadastral map or is not measured yet;
b) In case of registration of changes in
construction area, use area, number of stories, structure, grade (class) of
house or construction work not in compliance with the construction license or
without construction license in case permission is required, send a written
request to the construction management and licensing authority for opinion in
accordance with the construction law;
c) Send cadastral information to the tax authority
for determining financial obligations, in case land levies or land rents must
be paid according to regulations;
d) Give certification in the issued certificate. If
a certificate is to be re-issued according to regulations of MONRE, make a
dossier and submit it to a competent authority for issuing a certificate of
LURs and ownership of house and other property on land; notify the land user to
sign or re-sign the land lease contract with the natural resources and
environment authority, in case land shall be leased;
dd) Update the change and adjust the cadastral
records and land database; hand over the certificate of LURs and ownership of
house and other property on land to the applicant or send it to the communal
People’s Committee for handing, in case of submission of dossiers at commune
level.
3. For land users that wish to change the land use
purpose and concurrently register the changes in a content specified in this
Article, the procedures prescribed in Clauses 1 and 2 of this Article and the
procedures for land use purpose change shall be carried out at the same time.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. Land users or owners of property on land shall
submit the issued certificates, certificates of house ownership or certificates
of ownership of construction works containing errors to the land registration
office for correction. For errors due to the fault of land users or owners of
property on land, they shall make a written request for correction.
If the land registration office detects errors in a
issued certificate, certificate of house ownership or certificate of ownership
of construction works, it shall notify them to the land user or owner of
property on land and request the latter to hand over the certificate for
correction.
2. The land registration office shall check and
make a written record of conclusions on the contents and causes of errors; make
a dossier and submit it to a competent authority to make correction in the
issued certificate, certificate of house ownership or certificate of ownership
of construction works containing errors; and concurrently correct the erroneous
contents in the cadastral records and land database.
3. If the holder of the certificate, certificate of
house ownership or certificate of ownership of construction works that needs to
be corrected requests to change it into a certificate of LURs and ownership of
house and other property on land, the land registration office shall submit
such request to a competent authority for issuing such certificate.
Article 87. Procedures for revocation of issued
certificates, certificates of house ownership and certificates of ownership of
construction works
1. In case the State expropriates land under
Articles 61 and 62 of the Land Law, land users shall return the issued certificates
prior to receipt of compensation and support money in accordance with the land
law. Organizations in charge of compensation and land clearance shall revoke
the issued certificates and transfer them to the land registration office for
management.
2. In case the State expropriates land under
Articles 64 and 65 of the Land Law, land users shall return the issued
certificates prior to handover of land to the State, except the case prescribed
in Point b Clause 1Article 65 of the Land Law. Organizations in charge of land
expropriation shall revoke the issued certificates and transfer them to the
land registration office for management.
3. In case of replacement of issued certificates,
certificates of house ownership or certificates of ownership of construction
works or registration of changes of land and property on land, land users shall
return the previously issued certificated when submitting the dossiers of
request for replacement of certificate or dossiers of change registration.
The land registration office shall manage the
returned certificates after completing the procedures for replacement of
certificates or registration of changes in land and property on land.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) In case the People's Court having jurisdiction
to settle land-related disputes has an effective judgment or decision,
including the conclusion regarding revocation of the issued Certificate, the
revocation of that Certificate shall adhere to that judgment or decision;
b) In case the investigation or inspection
authority makes a written conclusion that the certificate has been issued in
violation of the Land Law, the competent state authority shall consider whether
such conclusion is correct and, if it is correct, shall decide to revoke the
issued certificate; in case of determining that the certificate has been issued
lawfully, must notify this to the inspection authority;
c) In case the state authority competent to issue
certificates of LURs and ownership of house and other property on land under
the provisions of Article 105 of the Law on Land and Article 37 of this Decree
finds that the certificate has been issued in violation of the Land Law, they
must carry out re-examination and clearly notify land users of reasons for this
and decide to revoke the unlawful Certificate;
d) If the land user or owner of property on land
discovers that the Certificate has been issued in violation of regulations of
the Land Law, they can file a written petition to the issuing authority.
The issuing authority shall be responsible for checking, considering and
deciding the revocation of the Certificate issued in breach of the Land
Law;
dd) The authority competent to revoke Certificates
prescribed in Points a, b, c and d of this Clause is the authority competent to
issue Certificates at the time of revocation of Certificates;
e) Land registration offices shall enforce the
revocation and take control of certificates revoked under the decisions on
revocation of Certificates obtained from competent authorities;
g) If the land user or the owner of property on
land disagrees with the settlement by the competent agency as prescribed in
Points b, c and d of this clause, they may file complaints in accordance with
the Law on complaints.
5. The State shall not revoke certificates which
have been issued in violation of law in the cases prescribed in Point d Clause
2 Article 106 of the Land Law if the holders of such certificates have carried
out the procedures for exchange or transfer of LURs and ownership of property
on land or for changes in land use purpose and their cases have been settled in
accordance with law.
The handling of damage caused by the issuance of
certificates in violation of law must comply with decisions or judgments of
people’s courts. Those who commit violations leading to the unlawful issuance
of certificates shall be handled under Articles 206 and 207 of the Land Law.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
7. Regarding the revocation of certificates as
prescribed in Clauses 1, 2, 3, 4 and 6 of this Article, if the land user or
owner of property on land fails to return the certificate, the land
registration office shall report the case to the authority competent to issue
certificates of LURs and ownership of house and other property on land, to
issue a decision on invalidation of such certificate; adjust the cadastral
records under regulations; and make a list of invalidated certificates and send
it to the provincial Department of Natural Resources and Environment and the
General Department of Land Administration for publicly posting on their
websites.
8. Land registration offices shall submit dossiers
to competent authorities for re-issuance of certificates to land users in
accordance with law; for certificates that have been issued in violation of law
at the fault of land users or that have been issued to wrong subjects, land
registration offices shall instruct land users to carry out the procedures for
re-issuance of certificates according to regulations.
Section 4. PROCEDURES FOR CONCILIATION AND
SETTLEMENT OF LAND DISPUTES
Article 88. Procedures for conciliation of land
disputes
1. Upon receipt of a written request for settlement
of a land dispute, a provincial People’s Committee shall:
a) Verify and learn about the cause of the dispute,
collect relevant documents about the land origin, land use process and current
land use status from the parties;
b) [118]
Establish a conciliation committee to settle land disputes. This conciliation
council shall be composed of the chairperson or the deputy chairperson of the
People’s Committee who acts as the council’s head; the representative of the
Fatherland Front Committee of commune, ward or commune-level town; the head of
residential quarter in urban areas; the head of village or hamlet in rural
areas; the prestigious figure in a kinship, at a residential community or
workplace; the person having expertise in laws and social knowledge; the
village patriarch/matriarch, the religion dignitary or the person thoroughly
grasping the case or matter; the representatives of households living for a
long time at communes, wards, commune-level towns that know well about the
origin and process of use of the land parcel; the cadastral officer or judicial
officer at commune, ward or commune-level town. Representatives of the Farmers’
Association, Women’s Union, Veterans’ Association and Ho Chi Minh Communist
Youth Union may be invited on a case-by-case basis.
c) Organize a conciliation meeting with the
participation of the disputing parties, members of the conciliation council and
persons with related interests and obligations.
The conciliation may take place only when all the
disputing parties are present. If any of the disputing parties is absent for
the second time, the conciliation shall be regarded as unsuccessful.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The conciliation record must be signed by the head
of the conciliation council, the disputing parties present at the conciliation
session and participants in the conciliation, and sealed by the communal
People’s Committee. It must be immediately sent to the disputing parties and
kept by the communal People’s Committee.
3.[119] If the disputing parties dissent in
writing from the agreed-upon contents of the successful conciliation record
within 10 days upon the making of such record, the chairperson of the communal
People’s Committee shall recall a meeting of the conciliation council to settle
such additional opinions and make a record of successful or unsuccessful
conciliation.
4. In case of successful conciliation resulting in
a change in the current land use boundaries or land user, the communal People’s
Committee shall send the record of successful conciliation to a competent
authority for consideration under Clause 5 Article 202 of the Land Law.
In case of unsuccessful conciliation or of
successful conciliation but at least one party changes their opinions on
conciliation results, the communal People’s Committee shall make a record of
unsuccessful conciliation and guide the disputing parties to file a petition
with a competent authority to further settle the dispute.
5.[120] The Ministry of Finance of Vietnam
shall elaborate on financial support for conciliation of land disputes
stipulated in this Article.
Article 89. Procedures for settlement of land
disputes falling under competence of chairpersons of district-level or
provincial People’s Committees
1. A petition for settlement of land disputes shall
be filed with the competent People’s Committee.
2. The chairperson of the competent-level People’s
Committee shall assign its advisory authority to settle.
3. The advisory authority shall verify the case,
organize conciliation among the disputing parties, hold a meeting among
relevant departments and sectors to advise on the settlement of the land
dispute (if necessary), and complete the dossier of the case and submit it to
the People’s Committee of the same level for issuing a decision on settlement
of the land dispute. A dossier of settlement of a land dispute must comprise:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) The conciliation record kept at the communal
People’s Committee; the record of working with the disputing parties and
related persons; the record of the field inspection of the disputed land; the
record of the meeting with related departments and sectors to advise on the
settlement of the land dispute, in case of unsuccessful conciliation; and the
record of conciliation during the settlement of the dispute;
c) Extracts from the cadastral maps and records
made in different periods related to the area of the disputed land and
documents as evidence and proof in the process of dispute settlement;
d) The proposal report and draft decision on
settlement of the dispute or draft decision on recognition of successful
conciliation.
4. The chairperson of the competent-level People’s
Committee shall issue the decision on settlement of the dispute or recognition
of successful conciliation, and send it to the disputing parties and
organizations and individuals with related rights and obligations.
Article 90. Procedures for settlement of land
disputes falling under the competence of MONRE's Minister
1. A petition for settlement of a land dispute
shall be filed with the MONRE's Minister.
2. After receiving a petition for settlement of a
land dispute, the MONRE's Minister shall assign a relevant unit to provide
advice on the settlement. The assigned unit shall collect and study documents,
organize conciliation among the disputing parties. In case of necessity, it may
propose MONRE’s Minister to decide to establish a working team to verify the
case in the locality; and shall complete the dossier and submit it to MONRE’s
Minister for issuance of a decision on settlement of the land dispute.
3. A dossier of settlement of a land dispute must
comprise:
a) The petition for settlement of land dispute;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Extracts from the cadastral maps and records
made in different periods related to the area of the disputed land and
documents as evidence and proof in the process of dispute settlement;
d) The proposal report and draft decision on
settlement of the dispute or draft decision on recognition of successful
conciliation.
4. The chairperson of the competent-level People’s
Committee shall issue the decision on settlement of the dispute or recognition
of successful conciliation, and send it to the disputing parties and
organizations and individuals with related rights and obligations.
Article 90a. Statute
of limitation for second dispute settlement and enforcement of decisions on
land dispute settlement[121]
1. The disputing parties, if opposing the initial
decision on dispute settlement, can petition the competent person for second
dispute settlement. If none of the disputing parties petitions the competent
person for second land dispute settlement in at most 30 days or in at most 45
days in a mountainous commune, island, remote and isolated area or an area
facing (extremely) socio-economic disadvantages upon the receipt of the initial
decision on dispute settlement, such decision shall come into force.
2. The second decision on land dispute settlement
shall come into effect in at most 30 days or in at most 45 days in a
mountainous commune, island, remote and isolated area or an area facing
(extremely) socio-economic disadvantages upon the receipt of such decision.
Article 91. Grounds for settlement of land
disputes in case disputing parties have no papers on LURs; enforcement of
decisions on settlement of land disputes or decisions on recognition of
successful conciliation
1. The settlement of land disputes in which the
disputing parties have no certificate or any of the papers prescribed in
Article 100 of the Land Law and Article 18 of this Decree shall be based on the
following grounds:
a) Evidences on the origin and use process of the
land presented by the disputing parties;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) Conformity of the current use status of the
disputed land parcel with land use plannings/plans already approved by
competent authorities;
d) Preferential treatment policies toward persons
with meritorious services to the State;
dd) Regulations on land allocation, land lease and
LURs recognition.
2.[122] Principles for coercive enforcement
of a decision on land dispute settlement:
a) Coercive enforcement shall proceed openly,
democratically, impartially, safely, orderly and lawfully;
b) Coercive enforcement shall proceed in office
hours;
c) Coercive enforcement does not proceed from 22
o’clock to 06 o’clock in the next morning; on regulated holidays and days-off;
in 15 days' time before and after the Tet holiday; on traditional days reserved
for the persons entitled to regulated welfare if such persons are subjected to
coercive enforcement and in other special circumstances that produce serious
impacts on security, politics, social order and safety, local traditions and
habits.
3.[123] The coercive enforcement of a
decision on land dispute settlement shall proceed upon the satisfaction of all
the following requirements:
a) Both or one of the disputing parties do (does)
not abide by the land dispute settlement decision in effect despite the efforts
of persuasion of the People's Committee and/or the Committee of Vietnam
Fatherland Front in the commune where the disputed land exists;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
c) The decision on coercive enforcement of the
decision on land dispute settlement has come into force;
d) The person(s) coerced has (have) received the
written decision on coercive enforcement.
If the person(s) coerced refuse(s) to take in the
decision on coercive enforcement or is (are) absent upon the delivery of such
decision, the communal People’s Committee shall record such situation in
writing.
4.[124] Chairperson of the district-level
People’s Committee shall issue and organize the implementation of the decision
on coercive enforcement of the decision of land dispute settlement.
5.[125] Procedure for coercive enforcement:
a) Prior to the coercive enforcement, the
chairperson of the district-level People’s Committee decides on forming the
coercive enforcement committee;
b) The coercive enforcement committee persuades and
communicates with the person(s) coerced.
If the person(s) coerced adhere(s) to the decision
on land dispute settlement, the coercive enforcement committee shall record
such adherence in writing and the content of the dispute settlement decision
shall be then fulfilled under the supervision of the coercive enforcement
committee;
c) If the person(s) coerced does (do) not adhere to
the decision of land dispute settlement despite the effort of persuasion, the
coercive enforcement committee shall coerce and compel such person(s) to
fulfill the content of the decision of land dispute settlement.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Chairperson or Vice Chairperson of the
district-level People’s Committee, as the leader;
b) Representatives of the district-level authorities
regarding inspection, justice, natural resources and environment, construction;
the representative of the leadership of the People’s Committee of the commune
where the land exists and other members designated by the chairperson of the
district-level People’s Committee.
7.[127] Provincial People’s Committees shall
allocate funding for covering costs incurred during the coercive enforcement of
the decision on land dispute settlement.
8.[128] Provincial People’s Committees shall
elaborate this Article.
Section 5.[129]PROCEDURES FOR LAND EXPROPRIATION,
LAND ALLOCATION, LAND LEASE, EXTENSION OF USE TERMS OF LAND OF CIVIL AIRPORTS
AND AERODROMES
Article 91a. Procedures
for land expropriation due to lawful termination of land use or voluntary
return of land in civil airports and aerodromes
1. Airport authorities shall implement procedures
for land expropriation due to lawful termination of land use or voluntary
return of land in the following cases:
a) They receive written documents on land return
from organizations or individuals that are using land which they have allocated
without having to pay land levies or land rents, and are now moving to other
places, reducing or no longer having demands for such land;
b) They receive decisions on dissolution or
bankruptcy from competent authorities against organizations that are using land
allocated or leased by them without having to pay land levies;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Within 05 days of receipt of the documents
specified in Clause 1 of this Article, airport authorities shall be responsible
for field investigation and verification; issuance of decisions on land
expropriation using the Form No. 07 in the Appendix enclosed herewith.
3. Within 05 days after the decision on land
expropriation is issued, the relevant airport authority shall send such
decision and the cadastral map extraction or cadastral measurement extraction
of the land parcel to be expropriated to the relevant land registration office
for updating and revising cadastral records and land database.
Article 91b. Procedures
for expropriation of land at civil airports and aerodromes due to violations
against laws
1. For land expropriation due to violation of law,
when the statute of limitations for sanctioning administrative violations
expires under the Law on handling of administrative violations, competent
sanctioning persons shall make records of administrative violations as a basis
for land expropriation.
When land-related violations of law are not subject
to sanctioning of administrative violations under the Law on handling of
administrative violations in the field of land, the authority competent to
conduct inspections and verifications shall make records of the violations as a
basis for deciding on land expropriation.
2. Within 07 days after the date of making a
written record of the violation, the authority competent to conduct inspections
and verifications shall send such record to the relevant airport authority.
3. Within 05 days of receipt of the record of the
violation, the airport authority shall be responsible for conducting field
investigation and verification, and issuing a decision on land expropriation
using Form No. 08 in the Appendix enclosed herewith.
4. Within 05 days after the decision on land expropriation
is issued, the relevant airport authority shall send such decision and the
cadastral map extraction or cadastral measurement extraction of the land parcel
to be expropriated to the relevant land registration office for updating and
revising cadastral records and land database.
Article 91c. Procedures
for allocation and lease of land at civil airports and aerodromes
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Certificate issued by the provincial People’s
Committee to the airport authority;
b) Classification and form of allocation or lease
of land as prescribed in Clauses 1 and 3 Article 156 of the Land Law;
c) Airport or aerodrome planning approved by a
competent authority;
d) Investors in charge of construction of airports
or aerodromes or facilities at airports or aerodromes that are determined in
accordance with law;
dd) Demands for land, land use term shown in the
approved investment project or application for land allocation or land lease;
e) Application package for land allocation or lease
as prescribed.
2. Organization or person having demand for land
must send 01 set of application documents for land allocation or lease directly
or by post or by other appropriate means to the airport authority. Such
an application package includes:
a) The application form made using Form 02 in the
Appendix enclosed herewith;
b) Description of the investment project;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) A copy extracted from master register or copy
presented with its original for verification purpose or certified true copy (if
the application is submitted directly or by post) of the written approval of
investment guidelines or investment registration certificate (if any) or
written approval of investment or written approval of investment project or
written certificate of results of bidding for the investment project given by a
competent authority as prescribed by laws.
3. Within 10 days of receipt of a valid application
package, the airport authority shall notify in writing the reasons for refusal
to allocate or lease land to the applicant, or issue a land allocation decision
using Form No. 03 in the Appendix enclosed herewith; organize the handover of
the land in the field and make a land handover record using Form No. 06 in the
Appendix enclosed herewith.
In case of land lease, within 10 days of receipt of
an adequate application package, the airport authority shall issue the land
lease decision using Form No. 04 in the Appendix enclosed herewith.
Within 30 days of receipt of the written request, enclosed with the land
lease decision and application package for land lease as prescribed in Clause 2
of this Article, from the airport authority, the person having authority
according to regulations shall be responsible for issuing the unit land rent
list. Lessees shall pay land rents according to notices given by tax
authorities.
Within 03 days of receipt of that unit land rent
list, the airport authority shall sign a land lease using Form No. 05, conduct
the handover of the leased land in the field and make a land handover record
using Form No. 06 in the Appendix enclosed herewith.
4. Within 03 days after the land is handed over in
the field, the relevant airport authority shall send the land allocation
decision, or land lease decision, and the cadastral map extraction or cadastral
measurement extraction of the land parcel to the local land registration office
for updating and revising cadastral records and land database.
5. For existing facilities that are being operated
and used stably but are not supported by one of the documents specified in
Points b, c and d Clause 2 of this Article, owners of such facilities shall be
responsible for working with airport authorities to conduct certification of
the current land use status and cadastral surveying and mapping of the current
land use status in order to prepare complete application packages for land
allocation and land lease, and shall be exempted from the submission of the
documents prescribed in Points b, c and d Clause 2 of this Article.
Article 91d. Extension
of term of lease of land at civil airports and aerodromes
1. The extension of the land lease term shall be
granted on the basis of airport or aerodrome plannings approved by competent
authorities and land demands of land users.
2. At least 06 months before the expiry of the land
lease term, the land user can send 01 set of application documents for
extension of the land lease term directly or by post or by other appropriate
means to the airport authority. Such an application dossier includes:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Copies extracted from master register or copies
presented with their originals for verification purpose or certified true
copies (if the application is submitted directly or by post) of the land lease
decision and the land lease contract; documents proving fulfillment of their financial
obligations relating to land in accordance with the laws in the most recent
years;
c) The written document of the competent authority
regarding the modification of the PPP project contract (if any);
d) The written document of the competent authority regarding
the extension of the investment project duration (if any).
3. Within 07 days of receipt of an adequate and
valid set of application documents, the airport authority shall issue an
extension decision using Form No. 07 in the Appendix enclosed herewith.
Within 30 days of receipt of the written request, enclosed with the
extension decision and the set of application documents for extension of land
lease term as prescribed in Clause 2 of this Article, from the airport
authority, the person having authority according to regulations shall be
responsible for issuing the unit land rent list. Lessees shall pay land
rents according to notices given by tax authorities.
4. Within 03 working days of receipt of that unit
land rent list, the airport authority shall sign a land lease using Form No. 05
in the Appendix enclosed herewith.
Chapter VIII
MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE
Article 92. Functions of monitoring and
evaluation systems
1. Monitor and review the implementation of the
Land Law; analyze and evaluate the effectiveness of land management and use,
and impacts of land policies and laws on the economy, society and environment.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Make public information collected during the
process of land management and use, and results of settlement prescribed in
Clause 2 of this Article on the websites of the monitoring and evaluation
systems.
4. Propose amendments and supplements to land
policies and law; devise measures to organize the implementation of land
policies and law.
Article 93. Principles of designing and
operation of monitoring and evaluation systems
1. Monitoring and evaluation systems for land management
and use are components of the land information system; are established
uniformly from the central to local level and publicized on the national
information network in accordance with law.
2. Monitoring and evaluation systems for land
management and use must reflect the scale, quality and effectiveness of land
management and use; impacts of land policies and law; level of transparency and
involvement of the people in the process of land management and use through
qualitative and quantitative indicators.
Article 94. Provision and reflection of
information on land management and use
Provision and reflection of information on land
management and use shall comply with the following provisions:
1. Each natural resources and environment authority
shall report and provide fully, accurately, timely and objectively information
on land management and use; results of implementation of land management
projects to the People’s Committee of the same level and to higher-level
natural resources and environment authorities for updating in the monitoring
and evaluation systems.
2. Other relevant ministries and central-government
authorities and provincial People’s Committees shall make reports and fully,
accurately, timely and objectively provide information relating to land
management and use within the scope of their respective management tasks to
MONRE.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 95. Responsibility for building and
operating monitoring and evaluation systems
1. MONRE shall:
a) Design and build the monitoring and evaluation
systems for land management and use; manage and operate the monitoring and
evaluation system for land management and use at the central level; and guide
the management and operation of the monitoring and evaluation systems for land
management and use in localities;
b) Direct and guide the annual evaluation of the
land management and use and impacts of land policies and law;
c) Make periodical reports and specialized reports
on the land management and use and impacts of land policies and law;
d) Promulgate evaluation criteria and processes for
the land management and use and impacts of land policies and law; report forms
and reporting responsibility of natural resources and environment authorities.
2. Provincial People’s Committees shall direct the
building and operation of the monitoring and evaluation systems for land
management and use in their localities.
3. Local natural resources and environment
authorities shall manage and operate the monitoring and evaluation systems for
land management and use in their localities; report on the land management and
use and impacts of land policies and law to the People’s Committees of the same
level and higher-level natural resources and environment authorities upon
request.
Chapter IX
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Article 96. Violating entities to be handled
1. Heads of organizations, heads of authorities
competent to decide on land management who commit violations of the Land Law.
2. Cadres and civil servants of land authorities of
all levels and cadastral officers of communes, wards and commune-level towns
who commit violations of regulations on the order and procedures in land
administration.
3. Heads of organizations, cadres, civil servants,
public employees and staff members of organizations that are allocated land by
the State for management falling in the cases prescribed in Clause 1 Article 8
of the Land Law who commit violations of the land law related to their
allocated land.
Article 97. Acts of violation against Land Law
committed by persons on duty in land sector
1. Violations of regulations on administrative
boundary dossiers and markers include the following acts:
a) Falsifying the position plans, coordinates table
and written records of handover of administrative boundary markers;
b) Planting administrative boundary markers at
wrong positions in the field.
2. Violations of regulations on land use plannings
and plans include the following acts:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Failing to strictly comply with regulations on
public consultation in the process of land use planning;
c) Failing to publicize land use plannings/plans;
failing to publicize the adjustment or cancellation of the expropriation or
repurposing of land areas indicated in land use plans for which no land
expropriation decision is issued or no permission for land repurposing is
obtained after three years; failing to report on the implementation of land use
plannings/plans.
3. Violations of regulations on land allocation,
land lease or land repurposing include the following acts:
a) Allocating, re-allocating or leasing land at
incorrect positions and with incorrect areas in the field;
b) Allocating, re-allocating or leasing land or
permitting land repurposing ultra vires, to or for improper subjects, or not in
conformity with annual district-level land use plans approved by competent
authorities;
c) Re-allocating or leasing land in hi-tech zones,
economic zones or civil airports or aerodromes not in conformity with
construction plannings approved by competent authorities.
4. Violations of regulations on land expropriation,
compensation, support and relocation include the following acts:
a) Failing to give prior notice to persons whose
land is to be expropriated under Article 67 of the Land Law; failing to
publicize compensation, support and relocation plans;
b) Failing to strictly comply with regulations on
consultation on compensation, support and relocation;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
d) Expropriating land ultra vires, from improper
subjects; not in conformity with land use plannings or plans already approved
by competent authorities;
5. Violations of regulations on land requisition
include the following acts:
a) Paying compensations to improper subjects, for
incorrect areas, at incorrect levels, or not according to compensation time
limits, to persons whose land is requisitioned;
b) Requisitioning land not in the cases prescribed
in Clause 1 Article 72 of the Land Law.
6. Violations of regulations on management of land
allocated by the State for management include the following acts:
a) Letting persons, who are allowed by law to
temporarily use land, use land for improper purposes;
b) Using land for improper purposes;
c) Letting land be encroached upon, occupied or
appropriated.
7. Violations of regulations on the order and
administrative procedures in land management and use include the following
acts:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
b) Imposing additional administrative procedures
against general regulations, causing troubles to persons requesting performance
of administrative procedures;
c) Settling administrative procedures not according
to the prescribed order, delaying the delivery of papers already signed by
competent authorities to persons requesting performance of administrative
procedures;
d) Settling administrative procedures beyond
prescribed time limits;
dd) Refusing or failing to perform administrative
procedures which, under the land law, have all conditions to perform;
e) Performing administrative procedures ultra
vires;
g) Issuing decisions, writing opinions in or
certifying dossiers against regulations, causing, or creating conditions for
persons requesting performance of administrative procedures to cause, damage to
the State; organizations or citizens;
h) Causing loss of or damage to, or distorting,
dossiers.
Article 98. Application of legal provisions on
cadres, civil servants and public employees to handling violations of Land Law
committed by persons on official duty in land sector
Principles of disciplining, statutes of limitations
and time limits for disciplining, application of disciplinary forms, competence
to discipline, order and procedures for consideration of disciplining and other
issues related to the disciplining of cadres, civil servants and public
employees must comply with the laws on cadres, civil servants and public
employees.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
IMPLEMENTATION [130]
Article 99. Handling of cases in which land
expropriation procedures are being carried out before July 01, 2014
Provincial People’s Committees shall scrutinize
cases in which land expropriation procedures are being carried out before July
01, 2014, and take actions as follows:
1. In case there is already a document on
on-principle approval of investment, introduction of location or notice of land
expropriation sent to every person whose land is to be expropriated or a
document permitting the investor to reach agreement with land users within the
project’s scope before July 01, 2014, but there is not yet a land expropriation
decision, then:
a) The provincial People’s Committee shall permit
the continued implementation of the project and apply the form of land
expropriation, or the investor shall acquire or lease LURs, or receive LURs as
contributed capital under the Land Law, if such is conformable with the annual
district-level land use plan already approved by a competent authority;
b) The provincial People’s Committee shall issue a
document directing related organizations and individuals to stop the implementation
of the project if it is not conformable with the approved annual district-level
land use plan;
c) In case of implementation of a production or
business project subject to land expropriation by the State under which the
investor is permitted to reach agreement with land users within the project’s
scope, if there remain land areas on which agreement cannot be reached by July
01, 2014, the provincial People’s Committee shall decide to expropriate the
remaining land area on which the investor and land users fail to reach
agreement, for implementing the investment project.
2. In case there is a decision to enforce the land
expropriation decision before July 01, 2014, but the enforcement is not
organized yet, the land expropriation shall be enforced in accordance with the
Land Law.
3.[131] In the event that an investment
project subjected to the State’s land expropriation pursuant to the 2003’s Land
Law and its guiding documents is not subjected to the State's land expropriation
pursuant to the 2013's Land Law, its investor was selected pursuant to the
regulations of the Investment Law before July 01, 2014 and it accords with the
annual land use plan of the relevant district, the provincial People’s
Committee shall include it in the list of projects subject to land
expropriation and propose thereof to the People’s Council for approval before
the competent authority decides on the land expropriation.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
4.[132] In the event that an investment
project subjected to the State’s land expropriation pursuant to the 2003's Land
Law and its guiding documents is not subjected to the State's land
expropriation pursuant to the 2013's Land Law and it has been approved by the
competent People's Committee before July 01, 2014 for negotiating the transfer
of LURs for implementing the project but the investor has not negotiated for all
areas of land with the land users under the scope of the project, the
provincial People's Committee shall include the project in the list of projects
subject to land expropriation and propose thereof to the People's Council for
approval before the competent authority decides on the expropriation of the
un-negotiated areas of land which shall be then allocated or rented out to the
investor.
Article 100. Handling of cases in which land
allocated or leased by the State before July 01, 2014 is not put to use or
schedule for using such land is late
Provincial People’s Committees shall scrutinize
cases in which the land has been allocated or leased by the State for
implementation of investment projects before July 01, 2014 but has not yet been
put to use or the land use schedule is late under Point i Clause 1 Article 64
of the Land Law, and take the following actions:
1. If a competent authority’s document on this
violation has been made before July 01, 2014 but a land expropriation decision
is not yet issued, the competent People’s Committee shall take actions against
the case under Point i Clause 1 Article 64 of the Land Law; the extended
duration shall be counted from July 01, 2014.
2. If a land expropriation decision has been issued
before July 01, 2014, the land shall be expropriated according to this decision
and the land levies, land rents and property on the expropriated land shall be
handled under the 2003 Land Law and its guiding documents.
Article 100a. Application
of requirements for land allocation, land lease, land repurposing; land
management and use [133]
1. Provisions of Clause 2 Article 58 of the Land
Law and Article 13 of this Decree shall take effect against the projects that
use land on an island or in a borderline or coastal commune, ward or
commune-level town and are not subject to the approval of the National Assembly
or Prime Minister if, having received the certificate of investment before July
01, 2014, such project does not yet obtain a decision on land allocation, land
lease or land repurposing pursuant to the regulations of the Land Law.
2. The requirements for land allocation, land lease
and land repurposing, applicable to the person(s) to whom the State allocates
or leases lands or grants approval of land use conversion for an investment
project pursuant to Clause 3 Article 58 of the Land Law and Article 14 of this
Decree, shall not take effect in the following circumstances:
a) The investment project has obtained competent
authorities' approval of investment, the investment certificate or the
project's investment guidelines have been approved by the National Assembly or
Prime Minister before July 01, 2014;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. The certification of the rights to use land
parcels which are allocated by the State with or without the collection of land
levies or are acquired by transfer of LURs to a social organization or
residential community for non-agricultural uses, if the payments for land use
are sourced from the state budget, shall proceed in the form of land allocation
without land levies. Likewise, the certification of the rights to use the land
parcels that are used without any documents on LURs shall proceed in the form
of land allocation without land levies. The land use term thereof shall be
subject to Article 126 of the Land Law and commences from the date of
certification of LURs.
The land parcels that are leased or allocated by
the State with the collection of land levies or are acquired by transfer of
LURs, if the payments for land use are not sourced from the state budget, shall
be continuously used as allocated or leased by the State for the remaining land
use term.
4. Business organizations can continuously use the
land parcels that were allocated with the collection of land levies or are
leased by the State before being acquired through transfer of LURs, if the
payment(s) for such LURs are not sourced from the state budget, in the form of
land allocation or land lease for the remaining land use term.
5. The State shall certify the cooperatives’ land
parcels acquired through their members’ contribution of LURs by allocating such
land parcels with the collection of land levies without a requisite for land
lease. The land use term in this event shall be 50 years from the date of certification
of LURs. The land use term shall be permanent if such land parcels are
originally used on long term.
6. Competent People’s Committees shall allocate or
lease lands, without auctioning the LURs, to the investors of the investment
projects whose investment guidelines were approved by competent authorities or
investors were selected pursuant to the regulations of the Investment Law
before July 01, 2014 if the allocation or lease of land to investors does not
progress yet but currently accords with the relevant land use plan.
7. The State shall not expropriate the land parcels
that were allocated or leased beyond authority or to inappropriate entities
before July 01, 2004 and for which the households or individuals using such
lands have paid for land use or land allocation, though the land users have not
been subjected to any financial obligations, if the use of such land parcels
accords with the land use plan, construction plan, urban plan, rural
residential plan and new-style rural commune development plan.
8. The unfulfilled land use norms in a district's
annual land use plan that expires shall remain effective until the subsequent
year’s land use plan is approved by competent authorities.
Article 101. Authority to revise decisions on
land expropriation, land allocation, land lease or land repurposing issued
before July 01, 2014 [134]
Authorities that have jurisdiction to issue
decisions on land expropriation, land allocation, land lease or land
repurposing under the 2013 Land Law shall have the jurisdiction to make
revisions to issued decisions on land expropriation, land allocation, land
lease or land repurposing without recourse to authorities competent to decide
the land expropriation, land allocation, land lease or land repurposing before
July 01, 2014.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
1. This Decree comes into force from July 01, 2014.
2. This Decree replaces the following Decrees:
a) The Government’s Decree No. 181/2004/ND-CP dated
October 29, 2004, on implementation of the Land Law;
b) The Government’s Decree No. 17/2006/ND-CP dated
January 27, 2006, amending and supplementing a number of articles of the
Decrees guiding the implementation of the Land Law, and Decree No.
187/2004/ND-CP on conversion of state-owned companies into joint-stock
companies;
c) The Government’s Decree No. 84/2007/ND-CP dated
May 25, 2007, additionally providing issuance of LURs certificates, land
expropriation, exercise of LURs, order and procedures for compensation, support
and relocation upon land expropriation by the State and settlement of
land-related complaints;
d) The Government’s Decree No. 69/2009/ND-CP dated
August 13, 2009, additionally providing the land use planning, land price, land
expropriation, and compensation, support and relocation;
dd) The Government’s Decree No. 88/2009/ND-CP dated
October 19, 2009, on certificates of LURs and ownership of house and other
property on land.
3. Ministries, ministerial agencies, Governmental
agencies, and provincial People’s Committees shall scrutinize legislative
documents they have promulgated which are contrary to the provisions of the
Land Law and this Decree, for revision, supplementation or cancellation.
Article 103. Responsibilities of Ministries,
ministerial agencies, governmental agencies and People's Committees at all
levels, and land users
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
2. Ministers, heads of ministerial agencies, heads
of Governmental agencies, Chairpersons of People’s Committees at all levels,
and other relevant organizations and individuals are responsible for the
implementation of this Decree./.
CERTIFIED BY
PP. MINISTER
DEPUTY MINISTER
Le Minh Ngan
[1] The Government’s Decree No.
01/2017/ND-CP dated January 06, 2017 providing amendments to Decrees on
elaboration of the Land Law is promulgated pursuant to:
“The Law on Organization of Government dated
June 19, 2015;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
And at the request of the Minister of Natural
Resources and Environment of Vietnam;”
The Government’s Decree No. 136/2018/ND-CP dated
October 05, 2018 providing amendments to Decrees on investment and business
conditions in the field of natural resources and environment is promulgated
pursuant to:
“The Law on Organization of Government dated
June 19, 2015;
The Law on Meteorology and Hydrology dated
November 23, 2015;
The Law on environmental protection dated June
23, 2014;
The Land Law dated November 29, 2013;
The Law on Water Resources dated June 21, 2012;
The Law on Mineral Resources dated November 17,
2010;
The Law on Investment dated November 26, 2014;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The Government’s Decree No. 62/2019/ND-CP dated
July 11, 2019 providing amendments to the Government’s Decree No. 35/2015/ND-CP
dated April 13, 2015 on management and use of land areas for rice cultivation,
is promulgated pursuant to:
“The Law on Organization of Government dated
June 19, 2015;
The Land Law dated November 29, 2013;
And at the request of the Minister of Agriculture
and Rural Development of Vietnam;”
The Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020 providing amendments to Decrees on elaboration of the Land
Law is promulgated pursuant to:
“The Law on Government Organization dated June
19, 2015; the Law on Amendments to the Law on Government Organization and the
Law on Local Government Organization dated November 22, 2019;
The Land Law dated November 29, 2013;
The Law on Bidding dated November 26, 2013;
The Law on Planning dated November 24, 2017;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The National Assembly’s Resolution No.
82/2019/QH14 dated June 14, 2019;
The Resolution No. 751/2019/UBTVQH14 dated
August 16, 2019 of the Standing Committee of National Assembly;
And at the request of the Minister of Natural
Resources and Environment of Vietnam;”
The Government’s Decree No. 104/2022/ND-CP dated
December 21, 2022 providing amendments to Decrees on submission and
presentation of household registration books and temporary residence
registration books when following administrative procedures and providing
public services, is promulgated pursuant to:
“The Law on Government Organization dated June
19, 2015; the Law on Amendments to the Law on Government Organization and the
Law on Local Government Organization dated November 22, 2019;
The Law on Residence dated November 13, 2020;
At the request of the Minister of Public
Security of Vietnam;”
The Government’s Decree No. 10/2023/ND-CP dated
April 03, 2023 providing amendments to Decrees on elaboration of the Land Law
is promulgated pursuant to:
“The Law on Government Organization dated June
19, 2015; the Law on Amendments to the Law on Government Organization and the
Law on Local Government Organization dated November 22, 2019;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
The Law on Property Auction dated November 17,
2016;
The Law on Investment dated June 17, 2020;
The Resolution No. 39/2021/QH15 dated November
13, 2021 of the National Assembly of Vietnam on the national land use planning
for the 2021 - 2030 period with a vision by 2050, and the 5-year national land
use plan for the 2021 - 2025 period;
At the request of the Minister of Natural Resources
and Environment of Vietnam;”
The Government’s Decree No. 12/2024/ND-CP dated
February 05, 2024 providing amendments to the Government’s Decree No.
44/2014/ND-CP dated May 15, 2014 prescribing land prices and the Government’s
Decree No. 10/2023/ND-CP dated April 03, 2023 providing amendments to Decrees
on amendments to the Land Law, is promulgated pursuant to:
“The Law on Government Organization dated June
19, 2015; the Law on Amendments to the Law on Government Organization and the
Law on Local Government Organization dated November 22, 2019;
The Land Law dated November 29, 2013;
And at the request of the Minister of Natural
Resources and Environment of Vietnam;”
[2] This Article is amended according to
Clause 1 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[4] The phrase “nơi đăng ký hộ khẩu thường
trú” (“registered place of permanent residence specified in family
register" is replaced with the phrase “nơi đăng ký thường trú”
(“registered place of permanent residence”) according to Clause 2 Article 5 of
the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into
force from May 20, 2023.
[5] The phrase “nơi đăng ký hộ khẩu thường trú”
(“registered place of permanent residence specified in family register" is
replaced with the phrase “nơi đăng ký thường trú” (“registered place of
permanent residence”) according to Clause 2 Article 5 of the Government’s
Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20,
2023.
[6] The phrase “nơi đăng ký hộ khẩu thường
trú” (“registered place of permanent residence specified in family
register" is replaced with the phrase “nơi đăng ký thường trú”
(“registered place of permanent residence”) according to Clause 2 Article 5 of
the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into
force from May 20, 2023.
[7] This Clause is added according to Clause
3 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06,
2017, coming into force from March 03, 2017.
[8] The ordinal number of this Clause is
changed according to Clause 3 Article 2 of the Government’s Decree No.
01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
[9] The ordinal number of this Clause is
changed according to Clause 3 Article 2 of the Government’s Decree No.
01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
[10] This Point is amended according to
Clause 4 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[11] The phrase “cấp Giấy chứng nhận quyền sử
dụng đất, quyền sở hữu nhà ở và tài sản khác gắn liền với đất đối với trường hợp
được ủy quyền theo quy định” (“issue certificates of LURs and ownership of
house and other property on land, if authorized as per regulations”) is replaced
with the phrase “cấp, xác nhận thay đổi giấy chứng nhận quyền sử dụng đất, quyền
sở hữu nhà ở và tài sản khác gắn liền với đất theo quy định” (“issue, or make
endorsements in, certificates of LURs and ownership of house and other property
on land as per regulations”) according to Clause 3 Article 5 of the
Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming into force
from May 20, 2023.
[12] This Point is amended according to
Clause 1 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December
18, 2020, coming into force from February 08, 2021.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[14] This Article is added according to
Clause 5 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017, as amended by Clause 1 Article
1 of the Government’s Decree No. 136/2018/ND-CP dated October 05, 2018, coming
into force from October 05, 2018.
[15] This Article is added according to
Clause 6 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[16] This Clause is amended according to
Clause 2 Article 1 of the Government’s Decree No. 136/2018/ND-CP dated October
05, 2018, coming into force from October 05, 2018.
[17] This Clause is amended according to
Clause 2 Article 1 of the Government’s Decree No. 136/2018/ND-CP dated October
05, 2018, coming into force from October 05, 2018.
[18] This Point is abrogated according to
Clause 4 Article 1 of the Government’s Decree No. 136/2018/ND-CP dated October
05, 2018, coming into force from October 05, 2018.
[19] This Clause is abrogated according to
Point a Clause 5 Article 5 of the Government’s Decree No. 10/2023/ND-CP dated
April 03, 2023, coming into force from May 20, 2023.
[20] This Clause is abrogated according to
Point a Clause 5 Article 5 of the Government’s Decree No. 10/2023/ND-CP dated
April 03, 2023, coming into force from May 20, 2023.
[21] This Clause is amended according to
Clause 7 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[22] This Article is amended according to
Clause 3 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December
18, 2020, coming into force from February 08, 2021.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[24] This Article is amended according to
Clause 4 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December
18, 2020, coming into force from February 08, 2021.
[25] This Article is amended according to
Clause 5 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December
18, 2020, coming into force from February 08, 2021.
[26] This Article is added according to
Clause 6 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December
18, 2020, coming into force from February 08, 2021, as amended by Point c
Clause 5 Article 5 of the Government’s Decree No. 10/2023/ND-CP dated April 03,
2023, coming into force from May 20, 2023.
[27] This Article is added according to
Clause 7 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December
18, 2020, coming into force from February 08, 2021, as amended by Point c
Clause 5 Article 5 of the Government’s Decree No. 10/2023/ND-CP dated April 03,
2023, coming into force from May 20, 2023.
[28] This Article is amended according to
Clause 8 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December
18, 2020, coming into force from February 08, 2021.
[29] This Point is amended according to
Clause 3 Article 1 of the Government’s Decree No. 136/2018/ND-CP dated October
05, 2018, coming into force from October 05, 2018.
[30] This Point is abrogated according to
Clause 4 Article 1 of the Government’s Decree No. 136/2018/ND-CP dated October
05, 2018, coming into force from October 05, 2018.
[31] This Article is amended according to
Clause 9 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated December
18, 2020, coming into force from February 08, 2021.
[32] This Clause is amended according to
Clause 10 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[34] This Clause is added according to
Clause 11 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[35] This Clause is added according to
Clause 11 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017, as abrogated by Clause 3
Article 2 of the Government’s Decree No. 62/2019/ND-CP dated July 11, 2019, coming
into force from September 01, 2019.
[36] This Article is added according to
Clause 11 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[37] This Article is added according to
Clause 12 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[38] This Clause is amended according to
Clause 1 Article 3 of the Government’s Decree No. 10/2023/ND-CP dated April 03,
2023, coming into force from May 20, 2023.
[39] This Point is added according to Clause
12 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06,
2017, coming into force from March 03, 2017.
[40] This Clause is added according to
Clause 1 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03,
2023, coming into force from May 20, 2023.
[41] This Article is added according to
Clause 13 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[42] This Article is added according to
Clause 14 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017, as amended by Clause 2 Article
1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023, coming
into force from May 20, 2023.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[44] This Clause is added according to
Clause 3 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03,
2023, coming into force from May 20, 2023.
[45] The phrase “hoặc nhiều thửa đất để thực
hiện dự án đầu tư có sử dụng đất” (“or multiple land parcels to serve the
implementation of investment projects with land use”) is added according to
clause 1 Article 2 of the Government’s Decree No. 12/2024/ND-CP dated February
05, 2024, coming into force from February 05, 2024.
[46] This Point is amended according to
Clause 16 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[47] This Point is added according to
Clause 16 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[48] This Point is added according to
Clause 16 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[49] This Point is added according to
Clause 16 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[50] This Clause is added according to
Clause 17 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[51] This Point is amended according to
Article 11 of the Government’s Decree No. 104/2022/ND-CP dated December 21,
2022, coming into force from January 01, 2023.
[52] This Point is amended according to
Clause 18 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[54] This Article is added according to
Clause 20 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[55] This Point is added according to
Clause 21 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[56] This Point is amended according to
Clause 14 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[57] This Point is amended according to
Clause 15 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[58] This Clause is added according to
Clause 22 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[59] This Clause is added according to
Clause 4 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03,
2023, coming into force from May 20, 2023.
[60] This Clause is amended according to
Clause 16 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[61] This Clause is amended according to
Clause 5 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03,
2023, coming into force from May 20, 2023.
[62] This Article is added according to
Clause 24 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[64] This Article is amended according to
Clause 17 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[65] This Article is added according to
Clause 26 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[66] This Article is amended according to
Clause 27 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[67] This Article is added according to
Clause 28 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[68] This Article is added according to Clause
29 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06,
2017, coming into force from March 03, 2017.
[69] This Article is added according to
Clause 30 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[70] This Article is added according to
Clause 31 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017, as amended by Clause 2 Article
5 of the Government’s Decree No. 148/2020/ND-CP dated December 18, 2020, coming
into force from February 08, 2021.
[71] This Article is added according to
Clause 32 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[72] This Article is added according to
Clause 33 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[74] This Article is added according to
Clause 34 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[75] This Clause is abrogated according to
Clause 35 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[76] The ordinal number of this Clause is
changed according to Clause 35 Article 2 of the Government’s Decree No.
01/2017/ND-CP dated January 06, 2017, coming into force from March 03, 2017.
[77] The ordinal number of this Clause is
changed according to Clause 35 Article 2 of the Government’s Decree No. 01/2017/ND-CP
dated January 06, 2017, coming into force from March 03, 2017.
[78] This Article is amended according to
Clause 36 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[79] This Article is added according to
Clause 2 Article 3 of the Government’s Decree No. 148/2020/ND-CP dated December
18, 2020, coming into force from February 08, 2021.
[80] This Clause is amended according to
Clause 37 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[81] This Clause is amended according to
Clause 38 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[82] This Article is added according to
Clause 38 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[84] This Article is added according to
Clause 39 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[85] This Article is amended according to
Clause 19 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[86] This Clause is amended according to Clause
7 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023,
coming into force from May 20, 2023.
[87] This Clause is added according to
Clause 7 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03,
2023, coming into force from May 20, 2023.
[88] This Clause is added according to
Clause 7 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03,
2023, coming into force from May 20, 2023.
[89] This Article is amended according to
Clause 40 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[90] This Clause is added according to
Clause 41 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[91] This Clause is added according to
Clause 41 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[92] This Point is amended according to
Clause 42 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[94] This Article is added according to
Clause 8 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03,
2023, coming into force from May 20, 2023.
[95] This Point is amended according to
Clause 44 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[96] This Point is amended according to
Clause 20 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[97] This Point is amended according to
Clause 2 Article 3 of the Government’s Decree No. 10/2023/ND-CP dated April 03,
2023, coming into force from May 20, 2023.
[98] This Article is added according to
Clause 9 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03,
2023, coming into force from May 20, 2023; as amended by Clause 2 Article 2 of
the Government’s Decree No. 12/2024/ND-CP dated February 05, 2024, coming into
force from February 05, 2024.
[99] This Article is added according to
Clause 10 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April
03, 2023, coming into force from May 20, 2023.
[100] This Article is added according to
Clause 45 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017, as amended by Point c Clause 5
Article 5 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023,
coming into force from May 20, 2023.
[101] This Article is amended according to
Clause 22 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021, as amended by
Clause 11 Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April
03, 2023, coming into force from May 20, 2023.
[102] This Article is added according to
Clause 47 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[104] This Point is amended according to
Clause 3 Article 3 of the Government’s Decree No. 148/2020/ND-CP dated December
18, 2020, coming into force from February 08, 2021.
[105] This Article is added according to
Clause 23 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[106] This Point is amended according to
Clause 24 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[107] The phrase “dồn điền đổi thửa”
(“consolidation and swap of land parcels”) is abrogated according to Clause 3
Article 5 of the Government’s Decree No. 148/2020/ND-CP dated December 18,
2020, coming into force from February 08, 2021.
[108] This Clause is amended according to
Clause 25 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[109] This Clause is amended according to
Clause 25 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[110] This Article is added according to
Clause 50 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[111] This Point is amended according to
Clause 51 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[112] This Point is amended according to
Clause 52 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[114] This Clause is added according to
Clause 53 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[115] This Clause is added according to
Clause 54 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[116] This Article is added according to
Clause 55 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[117] This Clause is amended according to
Clause 26 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[118] This Point is amended according to
Clause 27 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[119] This Clause is amended according to
Clause 57 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[120] This Clause is added according to
Clause 28 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[121] This Article is added according to
Clause 58 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[122] This Clause is amended according to
Clause 59 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
[124] This Clause is added according to
Clause 59 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[125] This Clause is added according to Clause
59 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06,
2017, coming into force from March 03, 2017.
[126] This Clause is added according to Clause
59 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January 06,
2017, coming into force from March 03, 2017.
[127] This Clause is added according to
Clause 59 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[128] This Clause is added according to
Clause 59 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[129] This Section is added according to
Clause 29 Article 1 of the Government’s Decree No. 148/2020/ND-CP dated
December 18, 2020, coming into force from February 08, 2021.
[130] Article 6 of the Government’s Decree
No. 01/2017/ND-CP dated January 06, 2017, coming into force from March 03,
2017, stipulates as follows:
“Article 6. Implementation
1. This Decree comes into force from March 03,
2017.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Ministers, heads of ministerial agencies,
heads of Governmental agencies, Chairpersons of People’s Committees at all
levels, and other relevant organizations and individuals are responsible for
the implementation of this Decree.”
Article 12, Article 13 and Article 14 of the
Government’s Decree No. 136/2018/ND-CP dated October 05, 2018, coming into
force from October 05, 2018, stipulate as follows:
“Article 12. Transition
1. Regulatory authorities shall not request the
satisfaction of regulatory requirements, receive and process applications
according to trade and investment requirements, and simplified administrative
procedures hereof.
2. Applications received before the date of
entry into force of this Decree shall be processed in accordance with regulations
of decrees applicable at the time of application receipt.
Article 13. Effect
This Decree comes into force from the date on
which it is signed.
Article 14. Responsibility for implementation
Ministers, heads of ministerial agencies, heads
of Governmental agencies, Chairpersons of provincial People’s Committees and
relevant organizations and individuals shall implement this Decree.”
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
“Article 4. Transition
1. In case where a land parcel used for
production and business purposes as specified in Article 16 of the Decree
No. 43/2014/ND-CP includes the land area allocated by the State for
management purposes, agricultural land used for public purposes, and is
possibly split into an independent project, but the State has issued a decision
to expropriate and allocate or lease the land parcel to an investor before the
effective date of this Decree, the investor may continue to use the land till
the expiration of the land allocation or lease term. In cases where the
land expropriation decision has been issued but the land allocation or lease
decision is not yet available, the provisions of this Decree shall apply.
For cases where the provincial People's
Committees have approved the receipt of transferred LURs, receipt of capital
contributions, or lease of agricultural LURs for the implementation of
non-agricultural investment projects before the effective date of the Decree,
if the investor has not made the agreement with the land user, and the use of
the land for implementation of the project conforms to the approved land use
planning or plan, after 36 months from the date of signature of the written
approval, the investor shall have to repeat the procedures for petitioning the
provincial People’s Committee to grant approval under the provisions of this
Decree.
2. In case a state authority competent to grant
certificates of LURs and ownership of house and other property on land finds
that the certificate has been granted unlawfully, and notifies the land user of
clear reasons for revocation of the certificate before the effective date of
this Decree, but the land expropriation decision has not yet been issued, the
certificate must be revoked under the provisions of this Decree.
3. Self-financed public service providers that
have been leased land by the State to invest in the construction and commercial
operation of technical infrastructure of industrial parks, export processing
zones and industrial complexes before the effective date of this Decree may
continue using the land for the remaining period, and may sublease the land
after their investments in infrastructure according to regulations.
4. For investment projects on construction and
business of residential houses for sale or for combined sale and lease purposes
at wards of central-affiliated grade-I cities, which have obtained lawful
written consent by provincial People's Committees to transfer of LURs in the
form of subdivision of land parcels and sale of land plots before the effective
date of this Decree, they may be continued.
5. For cases where competent authorities have
allocated or leased land parcels not through the auction of LURs, for cases of
exemption from land levies under Point b Clause 2 Article 118 of the Land Law
before the effective date of this Decree, land use may be continued.
Article 5. Implementation
1. This Decree comes into force from February
08, 2021.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. The phrase “dồn điền đổi thửa”
(“consolidation and swap of land parcels”) in Clause 4 Article 76 of the Decree
No. 43/2014/ND-CP is abrogated.”
Article 15 of the Government’s Decree No.
104/2022/ND-CP dated December 21, 2022, coming into force from January 01,
2023, stipulates as follows:
“Article 15. Implementation responsibility
and clauses
1. Ministers, heads of ministerial agencies,
heads of Governmental agencies and Chairpersons of provincial People’s
Committees are responsible for the implementation of this Decree and announce
administrative procedures within the ambit of their assigned functions.
2. This Decree comes into force from January 01,
2023.
3. From the effective date of this Decree,
administrative procedures and public services requiring submission and
presentation of physical household registration books and temporary residence
registration books shall be processed or provided using available information
on residence as prescribed in Article 14 of this Decree.”
Article 4 and Article 5 of the Government’s Decree
No. 10/2023/ND-CP dated April 03, 2023, coming into force from May 20, 2023,
stipulates as follows:
“Article 4. Transition
1. In case certificates have been signed by
competent authorities before the effective date of this Decree but have not yet
been delivered to land users/owners of property on land, procedures shall be
continued according to regulations in force before the effective date of this
Decree.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
3. Applications for revision of decisions on
land expropriation, land allocation, land lease or land repurposing issued by
the Prime Minister of Vietnam before July 01, 2004 shall be processed in
accordance with regulations in force before the effective date of this Decree.
Article 5. Implementation
1. This Decree comes into force from May 15,
2023.
2. The phrase “nơi Đăng ký hộ khẩu thường trú”
(“where permanent residence specified in family register is registered")
is replaced with the phrase “nơi Đăng ký thường trú” (“where permanent
residence is registered”) in Article 3a of the Government’s Decree No.
43/2014/ND-CP dated May 15, 2014 (as amended by Clause 2 Article 2 of the
Government’s Decree No. 01/2017/ND-CP dated January 06, 2017).
3. The phrase “cấp giấy chứng nhận quyền sử dụng
đất, quyền sở hữu nhà ở và tài sản khác gắn liền với đất đối với trường hợp
được ủy quyền theo quy định” (“issue certificates of LURs and ownership of
house and other property on land, if authorized as per regulations”) in Clause
4 Article 2 of the Government’s Decree No. 01/2017/ND -CP is replaced with the
phrase “cấp, xác nhận thay đổi giấy chứng nhận quyền sử dụng đất, quyền sở hữu
nhà ở và tài sản khác gắn liền với đất theo quy định” (“issue, or make
endorsements in, certificates of LURs and ownership of house and other property
on land as per regulations”).
4. Phrases in Appendixes enclosed with the
Decree No. 148/2020/ND-CP dated December 18, 2020 are replaced as follows:
a) The phrase “Chứng minh nhân dân” (“ID card”)
is replaced with the phrase “Chứng minh nhân dân/thẻ căn cước công dân/số định
danh cá nhân” (“ID card/citizen identity card/personal identification number”)
in Form No. 01;
b) The phrase “Chứng minh nhân dân, Thẻ căn cước
cá nhân” (“ID card, citizen identity card”) is replaced with the phrase “Chứng
minh nhân dân/thẻ căn cước công dân/số định danh cá nhân” (“ID card/citizen
identity card/personal identification number”) in Form No. 02;
c) The phrase “địa chỉ nơi đăng ký hộ khẩu
thường trú, số chứng minh nhân dân” (“registered permanent residence, ID card
number”) is replaced with the phrase “địa chỉ nơi đăng ký thường trú, chứng
minh nhân dân/thẻ căn cước công dân/số định danh cá nhân” (“registered
permanent residence, ID card/ citizen identity card/personal identification
number”) in Form No. 05.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
a) Clauses 4 and 5 Article 5b of the
Government’s Decree No. 43/2014/ND-CP dated May 15, 2014 (as added by Clause 6
Article 2 of the Government's Decree No. 01/2017/ND-CP dated January 06, 2017);
b) Clauses 14, 23, 45 and 62 Article 2, Clause 6
Article 3 of the Government’s Decree No. 01/2017/ND-CP dated January 06, 2017;
c) Clauses 6 and 7 Article 1 of the Government’s
Decree No. 148/2020/ND-CP dated December 18, 2020.”
Articles 4 and 5 of the Government’s Decree No.
12/2024/ND-CP dated February 05, 2024, coming into force from February 05,
2024, stipulate as follows:
Article 4. Implementation
1. This Decree comes into force from the date on
which it is signed.
2. Clause 4 Article 3 of the Government’s Decree
No. 01/2017/ND-CP dated January 06, 2017 is abrogated.
3. Provisions on application of land pricing
coefficients in point c clause 3 Article 3, point b clause 1 Article 4 of the
Government’s Decree No. 45/2014/ND-CP dated May 15, 2014; clause 5 Article 4,
point a clause 4 Article 12 of the Government’s Decree No. 46/2014/ND-CP dated
May 15, 2014; clause 1 Article 2, clause 1 Article 3 of the Government’s Decree
No. 135/2016/ND-CP dated September 09, 2016; clause 1 Article 3 of the
Government’s Decree No. 123/2017/ND-CP dated November 14, 2017 are abrogated.
4. Clause 1 Article 2 of the Government’s Decree
No. 136/2018/ND-CP dated October 05, 2018 is abrogated.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
Ministers, heads of ministerial agencies, heads
of Governmental agencies, Chairpersons of provincial People’s Committees and
relevant organizations and individuals shall implement this Decree.
[131] This Clause is added according to
Clause 60 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[132] This Clause is added according to
Clause 60 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[133] This Article is added according to
Clause 61 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017.
[134] This Article is amended according to
Clause 62 Article 2 of the Government’s Decree No. 01/2017/ND-CP dated January
06, 2017, coming into force from March 03, 2017, as amended by Clause 12
Article 1 of the Government’s Decree No. 10/2023/ND-CP dated April 03, 2023,
coming into force from May 20, 2023.