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THE NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 45/2013/QH13
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Hanoi, November
29, 2013
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LAND LAW
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
promulgates the Land Law.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope of regulation
This Law prescribes the land
ownership, powers and responsibilities of the State in representing the
entire-people ownership of land and uniformly managing land, the land
management and use regimes, and the rights and obligations of land users over
the land in the territory of the Socialist Republic of Vietnam.
Article
2. Subjects of application
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2. Land users.
3. Other subjects
involved in land management and use.
Article
3. Interpretation of terms
In this Law, the terms
below are construed as follows:
1. Land parcel means a
land area delimited by boundaries determined in the field or described in
records.
2. Land use master plan
means the distribution and zoning of land by use space to serve the objectives
of socio-economic development, national defense, security, environmental
protection and climate change adaptation based on the land potential and land
use demands of all sectors and fields, for each socio-economic region or
administrative unit in a given period of time.
3. Land use plan means
the division of a land use master plan according to periods of time for
implementation during the period of the land use master plan.
4. Cadastral map is a map
that shows the land parcels and related geographic elements, and is made
according to administrative units of communes, wards or townships, and
certified by a competent state agency.
5. Current land use map
is a map that demonstrates the distribution of various types of land at a
specified time, and is made for every administrative unit.
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7. The State allocates
land use rights (below referred to as the State allocates land) means that the
State issues decisions on land allocation to grant land use rights to subjects
having land use demand.
8. The State leases land
use rights (below referred to as the State leases land) means that the State
decides to grant land use rights to subjects having land use demand under
contracts on land use rights lease.
9. The State recognizes land
use rights means that the State grants land use rights to a person that is
using stably the land not allocated or leased by the State, through the grant
of a certificate of land use rights and ownership of houses and other
land-attached assets for the first time, for a certain land parcel.
10. Transfer of land use
rights means the transfer of land use rights from one person to another by ways
of exchange, transfer, inheritance or donation of land use rights, or
contribution of land use rights as capital.
11. The State recovers
land means the State decides to recover land use rights from a person that is
granted land use rights by the State, or from a land user that violates the
land law.
12. Land compensation
means the State returns the value of land use rights for the recovered land
area to land users.
13. Remaining land
investment costs include costs for ground fill-up and leveling and other
directly related costs that can be proved to have been invested in the land and
have not been retrieved by the time the State recovers the land.
14. Support upon land
recovery by the State means the State provides assistance to those whose land
is recovered, in order to stabilize their livelihood, production and
development.
15. Registration of land,
houses and other land-attached assets means the declaration and acknowledgement
of the legal status of land use rights, ownership of houses and land-attached
assets, and the right to manage a certain land parcel, in the cadastral
records.
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17. Land statistics means
that the State, based on the cadastral records, summarizes and reviews the land
use status at the time of making statistics, and the land-related changes
between two points of time of making statistics.
18. Land inventory means
that the State, based on the cadastral records and field findings,
investigates, summarizes and reviews the land use status at the time of
conducting inventory, and the land-related changes between the two points of
time of conducting inventory.
19. Land price means the
value of land use rights calculated per unit of land area.
20. Value of land use
rights means the monetary value of land use rights over a specified land area
during a specified land use term.
21. Land use levy means
an amount of money that a land user shall pay to the State when being allocated
land with land use levy by the State, permitted to change the land use purpose,
or having land use rights recognized by the State.
22. Land information
system means the system consisting of information technology technical
infrastructure, software, data and processes and procedures which are developed
to collect, store, update, process, analyze, synthesize and track land
information.
23. Land database means a
collection of land data that are arranged and organized to serve the access to,
use, management and update of, information by electronic devices.
24. Land dispute means a
dispute over the rights and obligations of land users among two or more parties
in a land relationship.
25. Land destruction
means acts that deform the land, reduce land quality, pollute the land, negate
or reduce the usability of the land according to a determined purpose.
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27. Economic organization
means an enterprise, a cooperative or another economic organization as
prescribed by the civil law, excluding foreign-invested enterprises.
28. Land for construction
of underground facilities means a land area used for construction of
underground facilities that are not parts of works constructed on the ground.
29. Land-using household
means those who share a marital, family or foster relationship as prescribed by
the marriage and family law, are living together and have joint land use rights
at the time of being allocated land or leased land, or having land use rights
recognized by the State; or acquiring land use rights.
30. Household or
individual directly engaged in agricultural production means a household or an
individual that has been allocated agricultural land, leased agricultural land,
or having agricultural land use rights recognized by the State; or has acquired
agricultural land use rights, and generates stable income from agricultural
production on that land.
Article
4. Land ownership
Land belongs to the
entire people with the State acting as the owner’s representative and uniformly
managing land. The State shall grant land use rights to land users in
accordance with this Law.
Article
5. Land users
Land users may be
allocated land or leased land, have land use rights recognized by the State, or
acquire land use rights in accordance with this Law, including:
1. Domestic
organizations, including state agencies, people’s armed forces units, political
organizations, socio-political organizations, economic organizations,
socio-politico-professional organizations, social organizations,
socio-professional organizations, public non-business organizations, and other
organizations as prescribed by the civil law (below referred collectively to as
organizations).
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3. Communities, including
Vietnamese communities residing in the same village, street quarter or similar
residential area sharing the same customs and practices or the same family
line.
4. Religious
institutions, including pagodas, churches, oratories, chancels, monasteries,
abbeys, religious schools, head offices of religious organizations, and other
religious institutions.
5. Foreign organizations
with diplomatic functions, including diplomatic representative missions,
consulates, other foreign representative agencies with diplomatic functions
recognized by the Vietnamese Government, representative missions of
organizations of the United Nations, inter-governmental agencies or
organizations, and representative missions of inter-governmental organizations.
6. Overseas Vietnamese as
prescribed by the nationality law.
7. Foreign-invested
enterprises, including 100% foreign-invested enterprises, joint-venture
enterprises, Vietnamese enterprises in which foreign investors purchase shares,
merge or acquire in accordance with investment law.
Article
6. Land use principles
1. Compliance with land
use master plans and plans, and use for proper purposes.
2. Economy,
effectiveness, environmental protection, and causing no harm to the legitimate
interests of adjacent land users.
3. Land users may
exercise their rights and perform their obligations within the land use term in
accordance with this Law and other relevant laws.
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1. The head of an
organization, a foreign organization with diplomatic functions, or a foreign-
invested enterprise, is responsible for the land use by his/her organization.
2. The chairperson of the
People’s Committee of a commune, ward or township is responsible for the use of
agricultural land for public purposes; the use of non-agricultural land which
is allocated to the People’s Committee of the commune, ward or township (below
referred to as commune-level People’s Committee) for the purpose of
construction of the People’s Committee offices, public facilities used for
culture, education, health, physical training and sports, entertainment,
recreation, markets, cemeteries, graveyards and other public facilities in the
locality.
3. The representative of
a community who is the head of a village or street quarter, or the person
appointed by a community, is responsible for the use of the allocated or
recognized land of the community.
4. The head of a
religious institution is responsible for the use of land allocated to the
religious institution.
5. The head of a
household is responsible for the land use by the household.
6. Individuals and
overseas Vietnamese are responsible for the use of their own land.
7. The person who shares,
or represents a group sharing, land use rights, is responsible for the use of
that land.
Article
8. Persons taking responsibility before the State for the management of
allocated land
1. The head of an
organization is responsible for land management in the following cases:
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b/ Economic organizations
assigned to manage land used for investment projects in the form of build-
transfer (BT) and other forms prescribed by the investment law;
c/ Organizations assigned
to manage land with water surface of rivers and land with special- use water
surface;
d/ Organizations assigned
to manage the land fund recovered under decisions of competent state agencies.
2. The chairperson of a
commune-level People’s Committee is responsible for the management of land used
for public purposes and land that has not been allocated or leased in the
locality.
3. The chairperson of a
People’s Committee of a province or centrally run city is responsible for the
management of unused land on uninhabited islands in the locality.
4. The representative of
a community is responsible for land allocated to the community for management.
Article
9. Encouragement of investment in land
The State shall
promulgate policies to encourage land users to invest labor, materials and
capital in, and apply scientific and technological achievements to, the
following activities:
1. Land protection,
improvement and fertilization.
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3. Development of infrastructure
to increase added value for land.
Article
10. Land classification
Depending on land use
purpose, land is classified into the following types:
1. Agricultural land,
including:
a/ Land for cultivation
of annual crops, including paddy land and land for cultivation of other annual
crops;
b/ Land for cultivation
of perennial trees;
c/ Land for production
forests;
d/ Land for protection
forests;
e/ Land for special-use
forests;
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g/ Land for salt
production;
h/ Other agricultural
land, including land used to build greenhouses and other building types for
cultivation purpose, including fanning not directly on the land, or to build
breeding facilities for cattle, poultry and other animals as permitted by law; land
for cultivation, breeding and aquaculture for the purpose of learning, research
or experimentation; land for planting and nursing seedlings and breeders, and
land for growing flowers and ornamental plants.
2. Non-agricultural land,
including:
a/ Residential land,
including rural residential land and urban residential land;
b/ Land for construction
of offices;
c/ Land for national
defense or security purpose;
d/ Land for construction
of non-business facilities, including land for construction of offices of
non-business organizations; land for construction of cultural, social, health,
education and training, physical training and sports, science and technology,
and diplomatic facilities and other non-business facilities;
e/ Land for
non-agricultural production and business, including land for industrial parks,
industrial clusters, export processing zones; land for trading and service;
land of non-agricultural production establishments; land used for mining
activities; and land for production of building materials, and pottery;
f/ Land used for public
purposes, including land used for transport (including airports, airfields,
inland waterway ports, maritime ports, rail system, road system and other
transport facilities); irrigation; land with historical-cultural relics or
scenic spots; land for community activities or public entertainment and
recreation; land for energy facilities; land for post and telecommunications
facilities; land for markets; land for waste dumping and treatment, and land
for other public facilities;
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h/ Land used for
cemeteries, graveyards, funeral service centers and cremation centers; i/ Land
with rivers, streams, canals, springs and special-use water surface;
k/ Other non-agricultural
land, including land for motels, tents and camps for workers in production
establishments; land for warehouses and houses to store agricultural products,
plant protection drugs, fertilizers, machinery and tools for agricultural use,
and land for other buildings of land users which are used for non-commercial
purposes and not attached to residential land.
3. Unused land, including
land of types for which land use purposes have not been determined yet.
Article
11. Bases for determining land types
The determination of a land
type must be based on the following:
1. The certificate of
land use rights, or certificate of house ownership and residential land use
rights which is granted before December 10, 2009; and the certificate of land
use rights and ownership of houses and other land-attached assets.
2. Papers on land use
rights prescribed in Clauses 1, 2 and 3, Article 100 of this Law, for the cases
in which the certificates mentioned in Clause 1 of this Article have not been
granted.
3. Decisions on land
allocation, land lease or permission for change of land use purpose issued by
competent state agencies, for the cases in which the certificates mentioned in
Clause 1 of this Article have not been granted.
4. For the cases in which
papers prescribed in Clauses 1, 2 and 3 of this Article are not available, the
determination of land type must comply with the Government’s regulations.
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1. Encroaching, occupying
or destroying land.
2. Violating publicized
land use master plans and plans.
3. Failing to use land,
or using land for improper purposes.
4. Failing to comply with
law when exercising the rights of land users.
5. Acquiring agricultural
land use rights exceeding the quota set for households and individuals as
prescribed by this Law.
6. Failing to register
with competent state agencies when using land or making transactions of land
use rights.
7. Failing to perform or
fully perform financial obligations toward the State.
8. Abusing positions and
powers to act against land management regulations.
9. Failing to provide
land information or providing incorrect land information as prescribed by law.
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Chapter
II
RIGHTS AND
OBLIGATIONS OF THE STATE OVER LAND
Section
1. RIGHTS OF THE STATE OVER LAND
Article
13. Rights of the representative of the land owner
1. To decide on land use
master plans and plans.
2. To decide on land use
purposes.
3. To prescribe land use
quotas and land use terms.
4. To decide on land
recovery and land requisition.
5. To decide on land
prices.
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7. To decide on financial
policies on land.
8. To prescribe the
rights and obligations of land users.
Article
14. The State shall decide on land use purposes
The State shall decide on
land use purposes through land use master plan and plans, and permit the change
of land use purposes.
Article
15. The State shall prescribe land use quotas and land use terms
1. The State shall
prescribe land use quotas, including allocation quotas for agricultural land,
allocation quotas for residential land, recognition quotas for residential land
use rights, and quotas for acquisition of agricultural land use rights.
2. The State shall
prescribe land use terms of the following forms:
a/ Long and stable land
use term;
b/ Definite land use
term.
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a/ For the purpose of
national defense or security; socio-economic development in the national or
public interest;
b/ Due to violations of
the land law;
c/ Due to termination of
land use in accordance with law, voluntary return of land, or the risk of threatening
human life.
4. The State shall decide
to requisition land in case of extreme necessity to perform national defense
and security tasks, or in the state of war or a state of emergency, or to
prevent and combat natural disasters.
Article
17. The State shall grant land use rights to land users
The State shall grant
land use rights to land users in the following forms:
1. Decision on allocation
of land without land use levy, and allocation of land with land use levy.
2. Decision on lease of
land with annual rental payment, and lease of land with one-off rental payment
for the entire lease period.
3. Recognition of land
use rights.
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1. The State shall
prescribe the principles and methods for land valuation.
2. The State shall
promulgate land price brackets and tables, and decide on specific land prices.
Article
19. The State shall decide on financial policies on land
1. The State shall decide
on policies on financial collection and spending related to land.
2. The State shall
prescribe the added value from land which does not originate from land user’s
investment through tax polices, land use levy, land rental, investments in
infrastructure, and support policies for those whose land is recovered.
Article
20. The State shall prescribe the rights and obligations of land users
The State shall prescribe
the rights and obligations of land users in conformity with the forms of land
allocation, land lease, recognition of land use rights, land use origin and
financial obligations of land users.
1. The National Assembly
shall promulgate laws and resolutions on land; decide on national land use
master plans and plans; and exercise the power of supreme oversight of land
management and use nationwide.
2. People’s Councils at
all levels shall exercise the right to adopt local land use master plans and
plans before submitting them to competent agencies for approval; to adopt land
price tables and approve land recovery to implement socio-economic development
projects in the national or public interest in their localities, according to
their competence prescribed in this Law; and to oversee the implementation of
the land law in their localities.
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Section 2.
RESPONSIBILITIES OF THE STATE FOR LAND
Article
22. Contents of state management of land
1. Promulgating legal
documents on land management and use and organizing the implementation thereof.
2. Determining
administrative boundaries, compiling and managing administrative boundary
records and making administrative maps.
3. Surveying, measuring,
making cadastral maps, current land use maps and land use planning maps; surveying
and assessing land resources; and surveying for land pricing.
4. Managing land use
master plans and plans.
5. Managing land
allocation, land lease, land recovery and change of land use purposes.
6. Managing compensation,
support and resettlement upon land recovery.
7. Registering land use
rights, compiling and managing cadasữal records, and granting certificates of
land use rights and ownership of houses and other land-attached assets.
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9. Developing the land
information system.
10. Managing land-related
finance and land prices.
11. Managing and
supervising the exercise of rights and performance of obligations by land
users.
12. Inspecting,
examining, supervising, monitoring and assessing die observance of the land
law, and handling violations of the land law.
13. Disseminating and
educating about the land law.
14. Settling land-related
disputes; settling complaints and denunciations related to land management and
use.
15. Managing land-related
services.
Article
23. Responsibilities of state management of land
1. The Government shall
perform the unified state management of land nationwide.
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Related ministries and
ministerial-level agencies shall, within the ambit of their respective tasks
and powers, assist the Government in performing the state management of land.
3. People’s Committees at
all levels shall perform die state management of land in theữ localities
according to their competence prescribed in this Law.
Article
24. Land administration agencies
1. The system of land
administration agencies shall be organized uniformly from central level to
local level.
2. The land
administration agency at the central level is the Ministry of Natural Resources
and Environment.
Land administration
agencies at the local level shall be set up in provinces and centrally run cities
and in districts, towns and provincial cities; land-related public service
organizations shall be set up and operate in accordance with the Government’s
regulations.
1. Communes, wards and townships
must have civil servants performing cadastral work in accordance with the Law
on Cadres and Civil Servants.
2. Cadastral civil servants in
communes, wards and townships shall assist commune-level People’s Committees in
local land management.
1. Guarantee of the lawful rights to
use land and land-attached assets of land users.
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3. When their land is recovered by
the State for national defense or security purpose; or for socio-economic
development in the national or public interest, land users are entitled to
compensation, support and resettlement in accordance with law.
4. Adoption of policies in the form
of vocational training, change of occupation and facilitation of job seeking
for those who are directly engaged in agriculture, forestry, aquaculture or
salt production and lack land for production due to land use restructuring or
economic restructuring.
5. The State does not recognize the reclaim of land
which has been allocated to others in accordance with the State’s regulations
in the process of implementing the land policy of the State of the Democratic
Republic of Vietnam, the Provisional Revolutionary Government of the Republic
of South Vietnam and the State of the Socialist Republic of Vietnam.
Article 27.
Responsibilities of the State for residential and agricultural land for ethnic
minorities
1. To adopt policies on
residential land and land for community activities for ethnic minorities in
conformity with their customs, practices and cultural identities and the
practical conditions of each region;
2. To adopt policies to
help ethnic minorities who are directly engaged in agricultural production in
rural areas have land for agricultural production.
Article
28. Responsibilities of the State for the creation and provision of land
information
1. To develop and manage
the land information system and guarantee the right to access to the land
information system for organizations and individuals.
2. To promptly publicize
available information in the land information system for organizations and
individuals, except confidential information as prescribed by law.
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4. Competent state
agencies and persons in land administration and use shall create conditions and
provide land information for organizations and individuals in accordance with
law.
Chapter
III
ADMINISTRATIVE
BOUNDARIES AND BASE INVESTIGATION ON LAND
Section
1. ADMINISTRATIVE BOUNDARIES
Article
29. Administrative boundaries
1. The Government shall
direct the identification of administrative boundaries and the compilation and
management of administrative boundary records at all levels throughout the
country.
The Minister of Home
Affairs shall prescribe the order and procedures for identification of
administrative boundaries and the management of boundary landmarks and
administrative boundary records at all levels.
The Minister of Natural
Resources and Environment shall prescribe the techniques and economic-technical
specifications for placing administrative boundary landmarks and compiling
administrative boundary records at all levels.
2. People’s Committees at
all levels shall organize the identification of administrative boundaries in
the field and compilation of administrative boundary records in their
respective localities.
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3. The administrative
boundary records include paper and electronic documents showing information on
the establishment and adjustment of an administrative unit and boundary
landmarks and boundary lines of that administrative unit.
The superior People’s
Committee shall certify the administrative boundary records of the immediate
subordinate level. The Ministry of Home Affairs shall certify the
administrative boundary records of provinces and centrally run cities.
The administrative
boundary records of a level shall be archived at the People’s Committee of such
level, the superior People’s Committee, the Ministry of Home Affairs and the
Ministry of Natural Resources and Environment.
4. Disputes over
administrative boundaries among administrative units shall be settled by the
People’s Committees of such administrative units through their coordination. If
no agreement can be reached or the results lead to changes in administrative
boundaries, the settlement competence is provided as follows:
a/ If the dispute is
related to the boundaries of provinces or centrally run cities, the Government
shall submit it to the National Assembly for decision;
b/ If the dispute is
related to the boundaries of districts, towns or provincial cities or communes,
wards or townships, the Government shall submit it to the National Assembly Standing
Committee for decision.
The Ministry of Natural
Resources and Environment, the land administration agencies of provinces and
centrally run cities and the land administration agencies of districts, towns
and provincial cities shall provide necessary documents and coordinate with
competent state agencies in settling land disputes over administrative
boundaries.
Article
30. Administrative maps
1. The administrative
maps of a locality must be made based on the administrative boundary maps of
such locality.
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a/ The Ministry of
Natural Resources and Environment shall provide dữections and guidelines for
making administrative maps of all levels nationwide and organize the making of
administrative maps for the whole country and provinces and centrally run
cities;
b/ The People’s
Committees of provinces and centrally run cities (below referred to as
provincial-level People’s Committee) shall organize the making of
administrative maps of districts, towns and provincial cities.
Section
2. BASE INVESTIGATION OF LAND
Article
31. Making and adjustment of cadastral maps
1. The survey for the
establishment of cadastral maps must be conducted for each land parcel in each
administrative unit of commune, ward or township.
2. The adjustment of
cadastral maps is made when there are changes in shape, dimension, area of the
land parcel or other factors related to the contents of cadastral maps.
3. The Minister of
Natural Resources and Environment shall prescribe the making, adjustment and
management of cadastral maps for the whole country and conditions for
practicing cadastral survey.
4. Provincial-level
People’s Committees shall organize the making, adjustment and management of
cadastral maps in their respective localities.
Article
32. Investigation and assessment of land
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a/ Investigating and
assessing land quality and potential;
b/ Investigating and assessing
land degradation and pollution;
c/ Investigating and
classifying agricultural land;
d/ Making land statistics
and conducting land inventory;
e/ Investigating and
making statistics on land prices; monitoring land price changes;
f/ Establishing and
maintaining observation and supervision systems for land resources.
2. Investigation and
assessment of land include the following contents:
a/ Sampling, analyzing
and making statistics on observation data of, land;
b/ Making maps on land
quality, land potential, land degradation, land pollution, classification of
agricultural land, and land prices;
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d/ Making reports on land
statistics and land inventory, current land use maps, and reports on land price
and changes in land prices.
Article
33. Organization of land investigation and assessment
1. The Ministry of
Natural Resources and Environment shall:
a/ Organize, and
publicize results of, investigation and assessment of land for the whole
country and all regions once every 5 years and for each theme;
b/ Direct the
investigation and assessment of land for provinces and centrally run cities;
c/ Summarize and publish
results of investigation and assessment of land for the whole country.
2. Provincial-level
People’s Committees shall organize, and publicize results of, investigation and
assessment of land of their respective localities, and send the results to the
Ministry of Natural Resources and Environment for summarization.
3. The Minister of
Natural Resources and Environment shall prescribe the land investigation and
assessment and conditions on the capacity of units which conduct land investigation
and assessment.
Article
34. Land statistics and inventories and the making of current land use maps
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2. Periodical land
statistics must be made and land inventories must be conducted according to the
following provisions:
a/ Land statistics are
made and land inventories are conducted for administrative units of communes,
wards and townships;
b/ Land statistics are
made once a year, except the year when land inventory is conducted;
c/ Land inventory is
conducted once every 5 years.
3. The current land use
map must be made once every 5 years in connection with land inventory as
prescribed in Clause 2 of this Article.
4. Thematic land inventories
serving the state management of land must be conducted under decisions of the
Prime Minister or the Minister of Natural Resources and Environment.
5. Responsibilities for
making land statistics and conducting land inventories and making current land
use map are prescribed as follows:
a/ The People’s
Committees at all levels shall make land statistics and conduct land
inventories and make current land use maps of their respective localities;
b/ The People’s
Committees at commune and district levels shall report the results of land
statistics and inventories and the making of current land use maps of their
respective localities to their immediate superior People’s Committees.
Provincial-level People’s Committees shall report the results of land statistics
and inventories and the making of current land use maps of their respective
localities to the Ministry of Natural Resources and Environment;
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d/ The Ministry of
Natural Resources and Environment shall summarize and report to the Prime
Minister and publicize the results of annual land statistics and 5-year land
inventories for the whole country.
6. The Minister of
Natural Resources and Environment shall detail the making of land statistics,
conducting of land inventories and making of current land use maps.
Chapter
IV
LAND USE
MASTER PLANS AND PLANS
Article
35. Principles of formulation of land use master plans and plans
1. To conform to
strategies, master plans and plans on socio-economic development, national
defense and security.
2. To be formulated from
the master level to detailed level. The land use master plan of the subordinate
level must conform to the land use master plan of the superior level; and the
land use plans must conform to the land use master plan approved by competent
state agencies. The national land use master plan must take into account
specific characteristics and linkages of the socio-economic regions; and the
district-level land use master plans must demonstrate the contents of the
commune-level land use.
3. To use land
economically and efficiently.
4. To exploit natural
resources reasonably together with environmental protection and climate change
adaptation.
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6. To be democratic and
public.
7. To ensure priority for
using the land fund for the purposes of national defense and security, serve
national and public interests, food security and environmental protection.
8. Master plans and plans
of the sectors and localities that use land must conform to the land use master
plans and plans already decided or approved by competent state agencies.
Article
36. System of land use master plans and plans
1. National land use
master plans and plans.
2. Provincial-level land
use master plans and plans.
3. District-level land
use master plans and plans.
4. Land use master plans
and plans for national defense.
5. Land use master plans
and plans for security.
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1. The period of land use
master plans is 10 years.
2. The period of land use
plans at the national and provincial levels and for national defense and
security is 5 years. District-level land use plans must be made every year.
Article
38. National land use master plan and plan
1. The national land use
master plan must be formulated based on:
a/ National strategies
for socio-economic development, national defense and security; master plans on
the development of socio-economic regions; and strategies and master plans for
development of sectors;
b/ Natural and
socio-economic conditions;
c/ Current land use
status, land potential and results of implementation of the national land use
master plan in the previous period;
d/ Land use demands of
all sectors and fields;
e/ Scientific and
technological advances related to land use.
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a/ Orientation for land
use in 10 years;
b/ Determination of land use
targets for agricultural land, non-agricultural land, unused land, including
the determination of the areas of paddy land, land used only for wet rice
farming, land for protection forest, land for special-use forest, land for
production forest, land for aquaculture, land for salt production, land for
national defense or security purpose, land for industrial parks, land for
export processing zones, land for hi-tech zones, land for economic zones, land
for national infrastructure development, land for cultural-historic relics and
scenic spots, urban land and land for waste dumping and treatment;
c/ Determination of the
areas of the land types specified at Point b, Clause 2 of this Article in the
planning period for each provincial-level administrative unit and each
socio-economic region;
d/ The land use master
plan maps at the national level and of socio-economic regions;
e/ Solutions for
implementation of the land use master plan.
3. The national land use
plan must be formulated based on:
a/ The national land use
master plan;
b/ The 5-year and annual
socio-economic development plans of the whole country;
c/ Land use demands in 5
years of all sectors and fields;
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e/ Ability to invest and
mobilize resources for implementing the land use plan.
4. The national land use
plan includes the following contents:
a/ Analysis and
evaluation of the implementation of the national land use plan in the previous
period;
b/ Determination of the
areas of the land types specified at Point b, Clause 2 of this Article in the
5-year land use plan;
c/ The 5-year land use
plans for each provincial-level administrative unit and each socioeconomic
region;
d/ Solutions for implementation
of the land use plan.
Article
39. Provincial-level land use master plans and plans
1. A provincial-level
land use master plan must be formulated based on:
a/ The national land use
master plan;
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c/ Natural and
socio-economic conditions of the province or centrally run city;
d/ Current land use
status, land potential and results of implementation of the provincial-level
land use master plan in the previous period;
e/ Land use demands of
all sectors and fields and of the province;
f/ Land use quotas;
g/ Scientific and
technological advances related to land use.
2. A provincial-level
land use master plan has the following contents:
a/ Orientation for land
use in 10 years;
b/ Determination of the
areas of the land types already allocated in the national land use master plan
and the areas of the land types in accordance with provincial-level land use
demands;
c/ Determination of land
use zones by land use function;
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e/ The provincial-level
land use master plan map;
f/ Solutions for
implementation of the land use master plan.
3. The provincial-level
land use plans must be formulated based on:
a/ The national 5-year
land use plan; the provincial-level land use master plan;
b/ The provincial-level 5-year
and annual socio-economic development plans;
c/ Land use demands in 5
years of all sectors and fields and the province;
d/ Results of
implementation of the provincial-level land use plan in the previous period;
e/ Ability to invest and
mobilize resources for implementing the land use plan.
4. A provincial-level
land use plan has the following contents:
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b/ Determination of the
areas of the land types specified at Point b, Clause 2 of this Article in the
land use plan period for each year and each district-level administrative unit;
c/ Determination of the
areas of the land types for which land use purposes need to be changed as
prescribed at Points a, b, c, d and e, Clause 1, Article 57 of this Law in the
land use plan period for each year and each district-level administrative unit;
d/ Determination of the
areas and locations of national and provincial-level construction works and projects
which use land for the purposes prescribed in Articles 61 and 62 of this Law in
the land use plan period for each year and each district-level administrative
unit.
For projects on technical
infrastructure, construction, improvement of urban centers and rural
residential areas, the determination of locations and areas of recovered land
areas in the adjacent areas must be conducted simultaneously in order to put
land use rights up for auction to implement housing, trading, service,
production and business projects;
e/ The provincial-level
land use plan map;
f/ Solutions for
implementation of the land use plan.
Article
40. District-level land use master plans and plans
1. A district-level land
use master plan must be formulated based on:
a/ The provincial-level
land use master plan;
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c/ Natural and
socio-economic conditions of the district, town or provincial city;
d/ The current land use
status, land potential and results of implementation of the previous
district-level land use master plan;
e/ Land use demands of
all sectors and fields, the district and communes;
f/ Land use quotas;
g/ Scientific and
technological advances related to land use.
2. A district-level land
use master plan has the following contents:
a/ Orientation for land
use in 10 years;
b/ Determination of the
areas of the land types already allocated in the provincial-level land use
master plan and the areas of land types in accordance with land use demands of
the district and communes;
c/ Determination of land
use zones by land use function for each commune-level administrative unit;
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e/ The district-level
land use planning map in which the zones already planned for paddy land and for
changes of land use purposes as prescribed at Points a, b, c, d and e, Clause
1, Article 57 of this Law must be demonstrated in detail for each commune-level
administrative unit;
f/ Solutions for
implementation of the land use master plan.
3. A district-level
annual land use plan must be formulated based on:
a/ The provincial-level
land use plan;
b/ The district-level
land use master plan;
c/ Land use demands in
the planning year of all sectors, fields and levels;
d/ Ability to invest and
mobilize resources for implementing the land use plan.
4. A district-level
annual land use plan has the following contents:
a/ Analysis and
evaluation on the implementation of the land use plan in the previous year;
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c/ Determination of the
areas and locations of land to be recovered to implement construction works and
projects which use land for the purposes prescribed in Articles 61 and 62 of
this Law in the planning year for each commune-level administrative unit.
For the projects on
technical infrastructure, construction, improvement of urban centers and rural
residential areas, the determination of locations and areas of the recovered
land in the adjacent area must be conducted simultaneously in order to put up land
use rights for auction to implement housing, trading, service, production and
business projects;
d/ Determination of the
areas of land types of which land use purposes need to be changed as prescribed
at Points a, b, c, d and e, Clause 1, Article 57 of this Law in the planning
year and for each commune-level administrative unit;
e/ District-level annual
land use plan map;
f/ Solutions for
implementation of the land use plan.
5. Urban districts of
which the urban master plans have been approved by competent state agencies
shall formulate annual land use plans, but not land use master plans; in case
the urban master plan of an urban district is inconsistent with the area
allocated in the provincial-level land use master plan, it must be adjusted in
accordance with the provincial-level land use master plan.
Article
41. Land use master plans and plans for national defense or security purpose
1. A land use master plan
for national defense or security purpose must be formulated based on:
a/ The national land use
master plan;
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c/ Natural and
socio-economic conditions;
d/ The current land use status,
land potential and results of implementation of the land use master plan for
national defense or security purpose in the previous period;
e/ The land use demands
for national defense or security;
f/ Land use quotas;
g/ Scientific and
technological advances related to land use.
2. A land use master plan
for national defense or security purpose has the following contents:
a/ Orientation for land
use for national defense or security purpose;
b/ Determination of land
use demands for national defense or security purpose in the planning period in
accordance with the master plan for socio-economic development, national
defense and security and national plan for socio-economic development;
c/ Determination of the
locations and areas of land for national defense or security purpose which may
be re-allocated to localities for management and use for socio-economic
development;
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3. A land use plan for
national defense or security purpose must be formulated based on:
a/ The national 5-year
land use plan and the land use master plan for national defense or security
purpose;
b/ The land use demands
in 5 years for national defense or security purpose;
c/ Results of implementation
of the land use plan for national defense or security purpose in the previous
period;
d/ Ability to invest and
mobilize resources for implementing the land use plan for national defense or
security purpose.
4. A land use plan for
national defense or security purpose has the following contents:
a/ Analysis and
evaluation of the implementation of the land use plan for national defense or
security purpose in the previous period;
b/ Determination of the
locations and areas of land which shall be used for national defense or
security purpose in the 5-year land use plan for each year;
c/ Determination in
detail of the locations and areas of land for national defense or security
purpose which may be re-allocated to localities in the 5-year period;
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Article
42. Responsibilities for formulating land use master plans and plans
1. The Government shall
organize the formulation of national land use master plans and plans. The
Ministry of Natural Resources and Environment shall assume the prime
responsibility for assisting the Government in formulating national land use
master plans and plans.
2. Provincial-level
People’s Committees shall organize the formulation of provincial- level land
use master plans and plans. District-level People’s Committees shall organize
the development of district-level land use master plans and plans.
Provincial- and
district-level land administration agencies shall assume the prime responsibility
for assisting their respective People’s Committees in the formulation of land
use master plans and plans.
3. The Ministry of
National Defense shall organize the formulation of land use master plans and
plans for national defense. The Ministry of Public Security shall organize the
formulation of land use master plans and plans for security.
4. The Government shall
detail this Article.
Article
43. Consultations on land use master plan and plans
1. The agencies which
organize the formulation of land use master plan and plans as prescribed in
Clauses 1 and 2, Article 42 of this Law shall organize consultations with the
public on land use master plans and plans.
2. The forms, contents
and timing of consultation with the public on land use master plans and plans
must comply with the following provisions:
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b/ The consultations with
the public on land use master plans and plans must be conducted on the targets of
land use master plans and plans, projects and construction works to be
implemented during the land use master plan and plan periods;
c/ The consultations with
the public on land use master plans and plans must be conducted within 30 days
after competent state agencies decide to conduct consultations.
3. Agencies responsible
for conducting consultations with the public on land use master plans and plans
prescribed in Clause 1 of this Article shall prepare reports on summarization,
assimilation and explanation of the public opinions, and improve the land use
master plans and plans before submitting to the appraisal board for land use
master plans and plans.
4. For land use master
plans and plans for national defense or security purpose, the Ministry of National
Defense and the Ministry of Public Security shall conduct consultations with
provincial- level People’s Committees in the course of formulation of land use
master plans and plans.
Article
44. Appraisal of land use master plans and plans
1. Competence to
establish the appraisal board for land use master plans and plans:
a/ The Prime Minister may
establish an appraisal board for national land use master plans and plans.
The Ministry of Natural
Resources and Environment shall assist this appraisal board in the process of
appraising land use master plans and plans;
b/ The Minister of
Natural Resources and Environment may establish an appraisal board for land use
master plans and plans for national defense or security purpose, and for
provincial-level land use master plans and plans.
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c/ The chairperson of a
provincial-level People’s Committee may establish an appraisal board for
district-level land use master plans and plans.
Land administration
agencies at provincial and district levels shall assist this appraisal board in
appraising land use master plans and plans.
2. The appraisal boards
for land use master plans and plans at all levels shall appraise and send the
notices of appraisal results to the agencies in charge of organizing the
formulation of land use master plans and plans as prescribed in Article 42 of
this Law. The agencies in charge of organizing the formulation of land use
master plans and plans shall assimilate and explain the contents stated in the
notices of appraisal results.
In case of necessity, the
appraisal board for land use master plans and plans shall organize the
examination and field survey of the areas for which the land use purposes are
planned to change, especially paddy land, land for protection forest and land
for special-use forest.
3. The appraisal of a
land use master plan covers the following contents:
a/ Legal and scientific
bases for the formulation of the land use master plan;
b/ The extent of
conformity of the land use master plan with strategies and master plans for
socio-economic development, national defense and security of the whole country
and the locality, and with the master plans for development of sectors and
fields;
c/ Socio-economic and
environmental effects;
d/ The feasibility of the
land use master plan.
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a/ The extent of conformity
of the land use plan with the land use master plan;
b/ The extent of
conformity of the land use plan with the plan for socio-economic development;
c/ The feasibility of the
land use plan.
5. The fund for appraisal
of land use master plans and plans is determined as a separate item in the fund
for formulation of land use master plans and plans.
Article
45. Competence to decide and approve land use master plans and plans
1. The National Assembly
shall decide on national land use master plans and plans;
2. The Government shall
approve provincial-level land use master plans and plans, land use master plans
and plans for national defense purpose and land use master plans and plans for
security purpose.
Provincial-level People’s
Committees shall submit provincial-level land use master plans and plans to
their respective People’s Councils for adoption before submitting them to the
Government for approval.
3. Provincial-level
People’s Committee shall approve district-level land use master plans and
plans.
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District-level People’s
Committees shall submit annual land use plans to the provincial-level People’s
Committee for approval. Provincial-level People’s Committees shall submit to
their People’s Councils for adoption the lists of projects for which land needs
to be recovered as prescribed in Clause 3, Article 62 of this Law, before
approving the district-level annual land use plans.
Article
46. Adjustment of land use master plans and plans
1. Adjustment of a land
use master plan is only conducted in the following cases:
a/ There are adjustments
to the strategies for socio-economic development, national defense, and
security or master plan for development of socio-economic regions and such
adjustments result in change of land use structure;
b/ Natural disasters or
wars result in changes in the land use purposes, structure, locations and area;
c/ There are adjustments
in the land use master plan of the immediate superior level which affect the
land use master plan of the concerned level;
d/ There are adjustments
to local administrative boundaries.
2. Adjustments to a land
use plan are only conducted when there are adjustments in the land use master
plan or there are changes in the ability to implement the land use plan.
3. Adjustments to a land
use master plan are part of the approved land use master plan. Adjustments to a
land use plans are part of the approved land use plan.
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4. The state agencies
competent to decide on or approve land use master plans and plans at a certain
level have competence to decide on or approve adjustments to land use master
plans and plans at that level.
Article
47. Consultancy on formulation of land use master plan and plans
1. In the process of
formulation of land use master plans and plans, the agencies in charge of the
formulation process may hire consultants to formulate land use master plans and
plans.
2. The Government shall
prescribe the conditions for organizations and individuals to provide
consultancy on formulation of land use master plans and plans.
Article
48. Publicization of land use master plans and plans
1. The land use master
plans and plans at national, provincial and district levels must be publicized
after being decided or approved by competent state agencies.
2. Responsibilities for
publicizing land use master plans and plans are prescribed as follows:
a/ The Ministry of
Natural Resources and Environment shall publicize the national land use master
plans and plans at its head office and on its website;
b/ Provincial-level
People’s Committees shall publicize provincial-level master plans and plans at
their head offices and on their websites;
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3. Timing and duration
for publicizing land use master plans and plans are prescribed as follows:
a/ The land use master
plan and plans must be publicized within 30 days from the date they are decided
or approved by competent state agencies;
b/ The publicity is
implemented throughout the land use master plan and plan periods.
Article
49. Implementation of land use master plans and plans
1. The Government shall
organize and direct the implementation of the national land use master plans
and plans.
The Prime Minister shall,
based on national land use targets which have been decided by the National
Assembly, allocate land use targets for provinces and centrally run cities, the
Ministry of National Defense and the Ministry of Public Security.
Provincial- and
district-level People’s Committees shall implement land use master plans and
plans of their respective localities.
Commune-level People’s
Committees shall implement land use master plans and plans in their communes.
The Ministry of National
Defense and the Ministry of Public Security shall implement land use master plans
and plans for national defense or security, respectively.
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If the land use master
plan and the annual district-level land use plan are available, land users for
whom the land use purposes are to be changed or whose land is to be recovered
in accordance with the plans may continue exercising the rights of land users,
but may not build new houses or construction works or plant perennial crops.
They shall apply for permission from competent state agencies before repairing
or renovating existing houses or construction works.
3. If a land area is to
be recovered for implementation of a project or for change of land use purpose
as indicated in the publicized annual district-level land use plan, but the
decision to recover land has not been issued or the change of land use purpose
has not been approved within 3 years, the state agency that has competence to
approve the land use plan shall adjust or cancel the recovery or change of land
use purpose and shall publicize such adjustment or cancellation.
In case the state agency
that has competence to approve the land use plan fails to adjust or cancel, or
does adjust or cancel but fails to publicize such adjustment or cancellation,
land users are not subject to the limitation of rights as prescribed in Clause
2 of this Article.
4. At the end of the land
use master plan period, the land use targets that have not fully been
implemented may continue to be implemented until the land use master plan of
the subsequent period is decided or approved by competent state agencies.
5. The Government shall
detail the organization of the implementation of land use master plans and
plans.
Article
50. Report on implementation of land use master plans and plans
1. The responsibility to
make annual reports on results of implementation of land use master plans and plans
is prescribed as follows:
a/ The People’s
Committees at commune and district levels shall send reports on results of
implementation of land use master plans and plans to the direct superior
People’s Committees. Provincial-level People’s Committees shall send report on
results of implementation of land use master plans and plans to the Ministry of
Natural Resources and Environment;
b/ The Ministry of
National Defense or the Ministry of Public Security shall send reports on
results of implementation of land use master plans and plans for national
defense or security purpose to the Ministry of Natural Resources and
Environment;
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2. The report on results
of implementation of the annual land use plan for the last year of the first
land use plan period must be enclosed with the review report on the
implementation of the whole land use plan period.
The report on results of
implementation of the annual land use plan for the last year of the land use
master plan period must be enclosed with the review report on the
implementation of the last land use plan period and the review report on the
implementation of the whole land use master plan period.
Article
51. Settlement of problems arising in land use master plans and plans after
this Law takes effect
1. When formulating the
land use plans for 5 years (2016-2020), the land use master plans and plans
that have been decided or approved by competent state agencies prior to the
effective date of this Law must be reviewed and additionally investigated for
adjustment in accordance with this Law.
2. If the district-level
land use master plan and plan have not yet been approved by competent state
agencies when this Law takes effect, the land recovery, land allocation, land
lease, recognition of land use rights and change of land use purpose must be
conducted in accordance with the provincial land use plans and the list of
projects for socio-economic development of the district concerned which is
prepared and submitted by the district-level People’s Committee to the provincial-level
People’s Committee for decision.
The approval of
district-level land use master plans and plans must be completed within 1 year
after this Law takes effect.
Chapter
V
LAND
ALLOCATION, LAND LEASE AND CHANGE OF LAND USE PURPOSE
Article
52. Bases for land allocation, land lease and change of land use purpose
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2. Land use demands as
indicated in investment project documents or in applications for land
allocation, land lease or change of land use purpose.
Article
53. Allocation or lease of land which is currently used by a person to another
The State’s decision on
allocation or lease of land which is already being used by a person to another
may be made only after a competent state agency decides on land recovery in
accordance with this Law and the compensation, support and resettlement have
been completed in accordance with law in case ground clearance is required.
Article
54. Land allocation without land use levy
The State shall allocate
land without land use levy in the following cases:
1. Households and
individuals directly engaged in agriculture, forestry, aquaculture or salt
production to whom agricultural land is allocated within the quotas prescribed
in Article 129 of this Law;
2. Persons who use land
for protection forests, special-use forests or production forests which are
natural forests, for office construction, for national defense or security
purpose, for noncommercial public use, for cemeteries and graveyards which
fall outside the cases prescribed in Clause 4, Article 55 of this Law;
3. Public non-business
organizations that are not self-financed and use land for office construction.
4. Organizations that use
land for construction of resettlement houses under the State’s projects.
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Article
55. Land allocation with land use levy
The State shall allocate
land and collect land use levy in the following cases:
1. Households and
individuals that are allocated residential land;
2. Economic organizations
that are allocated land to implement investment projects on construction of
houses for sale or a combination of sale and lease;
3. Overseas Vietnamese
and foreign-invested enterprises that are allocated land to implement
investment projects for the construction of houses for sale or for a
combination of sale and lease;
4. Economic organizations
that are allocated land to implement investment projects on infrastructure of
cemeteries and graveyards for transfer of land use rights together with the
infrastructure.
Article
56. Land lease
1. The State may lease
land and collect an annual land rental or full one-off rental for the entire
lease period in the following cases:
a/ Households and
individuals that use land for the purpose of agriculture, forestry, aquaculture
or salt production;
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c/ Households and
individuals that use land for trading and services, mining activities,
production of construction materials, production of ceramic products, and
non-agricultural production establishments;
d/ Households and
individuals that use land for construction of public facilities for commercial
purpose;
e/ Economic
organizations, overseas Vietnamese and foreign-invested enterprises that use
land to implement investment projects in agriculture, forestry, aquaculture or
salt production, for non-agricultural business and production purpose, for
construction of public facilities for commercial purpose, and for
implementation of investment projects on houses for lease;
f/ Economic
organizations, self-financed public non-business organizations, overseas
Vietnamese and foreign-invested enterprises that use land for construction of
non-business facilities;
g/ Foreign organizations
with diplomatic functions that use land to build offices.
2. The State may lease
land to and collect annual rentals from people’s armed forces units for the
purpose of agriculture, forestry, aquaculture or salt production, or in
combination with national defense or security tasks.
Article
57. Change of land use purpose
1. Cases in which change
of land use purpose requires permission by competent state agencies:
a/ Change of land for
rice cultivation to land for perennial crops, forests, aquaculture or salt
production;
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c/ Change of land for
special-use forests, protection forests or production forests to land for other
purposes within the type of agricultural land;
d/ Change of agricultural
land to non-agricultural land;
e/ Change of
non-agricultural land which is allocated by the State without land use levy to
non-agricultural land which is allocated by the State with land use levy, or to
leased land;
f/ Change of non-agricultural
land which is not residential land to residential land;
g/ Change of land for
construction of non-business facilities or land for public purposes involving
commercial purpose, or non-agricultural land for business and production
purposes which is not land for trading or services to land for trading or
services; change of land for trading or services or land for construction of
non-commercial facilities to land for non-agricultural production
establishments.
2. When changing the land
use purpose under Clause 1 of this Article, land users shall fulfill financial
obligations as prescribed by law. The land use regime and the rights and
obligations of land users are those applicable to the type of the land used for
the new purpose.
Article
58. Conditions for land allocation, land lease and change of land use purpose
to implement investment projects
1. For investment
projects that use paddy land or land for protection forests or land for
special- use forests for other purposes and are other than those to be decided
by the National Assembly or approved in principle by the Prime Minister,
competent state agencies may only decide on land allocation or land lease or
permit change of land use purpose when one of the following documents is
available:
a/ The written approval
by the Prime Minister for change of land use purpose for the paddy land with an
area of 10 ha or more, and for protection forest or special-use forest with a
land area of 20 ha or more;
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2. For investment
projects which use land on islands or in border or coastal communes, wards or
townships, competent state agencies may only decide on land allocation, land
lease or change of land use purpose upon receiving written approval from
related ministries and agencies.
3. Those who are
allocated land or leased land by the State, or permitted by the State to change
land use purpose to implement investment projects must meet the following
conditions:
a/ Having financial
capacity to ensure the land use according to the investment project’s schedule;
b/ Paying a deposit in
accordance with the investment law;
c/ Not violating the land
law if they are implementing other projects on the state-allocated or -leased
land.
4. The Government shall
detail this Article.
Article
59. Competence to allocate, lease land and approve change of land use purpose
1. Provincial-level
People’s Committees may decide on the allocation or lease of land, and permit
change of land use purpose in the following cases:
a/ Allocation or lease of
land to, and permission for change of land use purpose for, organizations;
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c/ Allocation of land to
overseas Vietnamese or foreign-invested enterprises under Clause 3, Article 55
of this Law;
d/ Lease of land to
overseas Vietnamese or foreign-invested enterprises under Points e and f,
Clause 3, Article 56 of this Law;
2. District-level
People’s Committees may decide on the allocation or lease of land, and permit
change of land use purpose in the following cases:
a/ Allocation or lease of
land to, and permission of change of land use purpose for, households and
individuals. If these subjects wish to lease or use agricultural land with an
area of 0.5 ha or more for trading and service purposes, written approval from
the provincial-level People’s Committee is required before the district-level
People’s Committee makes decision;
b/ Allocation of land to
communities.
3. Commune-level People’s
Committees may lease land from the agricultural land fund for public purposes
in their communes, wards or townships.
4. Agencies having the
competence to decide on land allocation or lease and permit change of land use
purpose as prescribed in Clauses 1 and 2 of this Article may not delegate their
competence.
Article
60. Handling of cases of land allocation and land lease which are decided prior
to the effective date of this Law
1. Economic
organizations, households, individuals and overseas Vietnamese that are
eligible to lease land in accordance with this Law and are allocated land with
land use levy by the State prior to the effective date of this Law, may
continue using the land for the remaining land use term without having to
change to lease land. Upon the expiry of the land use term, if permitted to
extend the land use term by a competent state agency, they shall change to
lease land in accordance with this Law.
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3. Economic
organizations, households, individuals and overseas Vietnamese that are
eligible to lease land in accordance with this Law and lawfully acquire land
use rights prior to the effective date of this Law, may continue using the land
for the remaining land use term without having to change to lease land in
accordance with this Law.
4. Economic organizations
that are eligible to lease land in accordance with this Law and lawfully
acquire agricultural land use rights from households or individuals that are
allocated land without land use levy by the State to implement investment
projects in agricultural production prior to the effective date of this Law,
may continue using the land for the remaining land use term without having to
change to lease land in accordance with this Law.
5. Overseas Vietnamese
and foreign-invested enterprises that lease land with full one-off rental
payment for the entire lease period to implement investment projects on
construction of houses for sale or for a combination of sale and rent prior to
the effective date of this Law, may continue using the land for the remaining
land use term, or change to land allocation with land use levy in accordance
with this Law if they have demand.
Chapter
VI
LAND
RECOVERY, LAND REQUISITION, COMPENSATION, SUPPORT AND RESETTLEMENT
Section
1. LAND RECOVERY AND LAND REQUISITION
Article
61. Land recovery for national defense or security purpose
The State may recover
land for national defense or security purpose in the following cases:
1. Land for military
barracks or offices;
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3. Land for construction
of national defense works, battle fields and special works of national defense
or security;
4. Land for military
railway stations and ports;
5. Land for industrial,
scientific and technological, cultural or sports facilities that directly serve
national defense or security purpose;
6. Land for warehouses
for the people’s armed forces;
7. Land for shooting
grounds, training grounds, and weapon testing and destroying sites;
8. Land for training
institutions and centers, hospitals and sanatoriums of the people’s armed
forces;
9. Land for construction of
public-duty houses of the people’s armed forces;
10. Land for detention
and re-education institutions managed by the Ministry of National Defense or
the Ministry of Public Security.
Article
62. Land recovery for socio-economic development in the national or public
interest
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1. Implementation of
projects of national importance which are approved in principle by the National
Assembly for which land must be recovered.
2. Implementation of
projects which are approved or decided by the Prime Minister, including:
a/ Projects on
construction of industrial parks, export processing zones, hi-tech zones,
economic zones, new urban centers; investment projects funded with official
development assistance (ODA) capital;
b/ Projects on
construction of offices of state agencies, central political and
socio-political organizations, offices of foreign organizations with diplomatic
functions; ranked historical-cultural relics and scenic spots, parks, squares,
statutes, monuments and national public non-business facilities;
c/ Projects for
construction of national technical infrastructure including transport,
irrigation, water supply and drainage, electricity and communication
facilities; oil and gasoline pipelines and depots; national reserve warehouses;
facilities for waste collection and treatment.
3. Implementation of
projects which are approved by provincial-level People’s Councils for which
land must be recovered, including:
a/ Projects on
construction of offices of state agencies, political and socio-political
organizations; ranked historical-cultural relics and scenic spots, parks,
squares, statutes, monuments, and local public non-business facilities;
b/ Projects on
construction of local technical infrastructure including transport, irrigation,
water supply and drainage, electricity, communication and urban lighting works;
facilities for waste collection and treatment;
c/ Projects on
construction of common activities of the communities; projects on resettlement,
dormitories for students, social houses, and public-duty houses; construction
of religious institutions, public culture, sports and entertainment and
recreation centers; markets; graveyards, cemeteries, funeral service centers
and cremation centers;
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dd/ Mining projects that
are licensed by competent agencies, except mining of minerals for use as common
construction materials, peat, and minerals in scattered and small mining areas,
and salvage mining.
Article
63. Bases for land recovery for national defense or security purpose; for
socio-economic development in the national or public interest
Land recovery for national
defense or security purpose; for socio-economic development in the national or
public interest must be based on the following:
1. The projects require
land recovery as prescribed in Articles 61 and 62 of this Law.
2. The annual
district-level land use plans which are approved by competent state agencies.
3. The land use schedule
of the projects.
Article
64. Land recovery due to violations of land law
1. Cases of land recovery
due to violations of the land law include:
a/ Land is not used for
the purposes for which land has been allocated, leased, or land use rights have
been recognized by the State and the land users, after having been sanctioned
administratively for using land for improper purposes, still continue
committing the violation;
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c/ Land was allocated or
leased to wrong subjects or ultra vires;
d/ Land that is
ineligible for transfer or donation as prescribed in this Law is transfeưed or
donated;
e/ Land that is allocated
by the State for management is encroached or occupied;
f/ Land that is
ineligible for transfer of land use rights as prescribed by this Law is
encroached or occupied due to the irresponsibility of land users;
g/ Land users who fail to
fulfill obligations to the State and have been administratively sanctioned for
such violation but do not comply;
h/ Land for annual crops
that is not used for 12 consecutive months; land for perennial plants that is
not used for 18 consecutive months; land for afforestation that is not used for
24 consecutive months;
i/ Land that is allocated
or leased for implementing investment projects is not used within 12
consecutive months, or the land use schedule is 24 months late compared with
the schedule stated in the project documents since the hand-over in the field.
In case of not putting the land into use, the land use term may be extended 24
months and the investors shall pay a sum of money equivalent to the total land
use levy or land rental for the delayed period. If the investors still fail to
put the land into use when the extended time is over, the State shall recover
the land without compensation for land and land-attached assets, except due to
force majeure.
2. Land recovery due to
violations of the land law must be based on documents and decisions issued by
state agencies which are competent to determine violations of the land law.
3. The Government shall
detail this Article.
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1. Cases of land recovery
due to termination of land use in accordance with law, voluntary return of land
or risks threatening human life include:
a/ Organizations to which
land is allocated by the State without land use levy, or organizations to which
land is allocated with land use levy and the land use levy is originated from
the state budget, are dissolved, go bankrupt, move to another place, or have
lower or no land use demand; land users which lease land with annual rental
payment are dissolved, go bankrupt, move to another place, or have lower or no
land use demand;
b/ Individual land users
die without any heir;
c/ Land users return the
land voluntarily;
d/ Land is allocated or
leased by the State for definite periods and such periods expired without
extension allowed;
e/ Land is located in
environmentally polluted areas which bears the risks of threatening human life;
f/ Land having risks of
being eroded or sunk or otherwise affected by other natural disasters
threatening human life.
2. Land recovery
prescribed in Clause 1 of this Article must be based on the following:
a/ For the case of land
recovery prescribed at Point a, Clause 1 of this Article, the document of a
competent agency which has taken legal effect;
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c/ For the case of land
recovery prescribed at Point c, Clause 1 of this Article, the document of the
land user on the return of land;
d/ For the case of land
recovery prescribed at Point d, Clause 1 of this Article, the decision on land
allocation or land lease;
e/ For the case of land
recovery prescribed at Point e and Point f, Clause 1 of this Article, the
decision issued by a competent state agency determining the extent to which
land is environmentally polluted, eroded, sunk, or otherwise affected by
another natural disaster which threatens human life.
3. The Government shall
detail this Article.
Article
66. Competence to recover land
1. Provincial-level
People’s Committee may decide on land recovery in the following cases:
a/ Recovery of land from
organizations, religious institutions, overseas Vietnamese, foreign
organizations with diplomatic functions, and foreign-invested enterprises,
excluding the case prescribed at Point b, Clause 2 of this Article;
b/ Recovery of
agricultural land which is part of the public land funds of communes, wards or
townships.
2. District-level
People’s Committees may decide on land recovery in the following cases:
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b/ Recovery of land from
overseas Vietnamese who are allowed to own houses in Vietnam.
3. In case both subjects
prescribed in Clauses 1 and 2 of this Article exist in one recovered area, the
provincial-level People’s Committee shall decide on the land recovery or
authorize district-level People’s Committees to decide on the land recovery.
Article
67. Notification of land recovery and compliance with decisions on land
recovery for national defense or security purpose; or for socio-economic
development in the national or public interest
1. Before issuing a
decision on land recovery, at least 90 days prior to the recovery of
agricultural land or 180 days prior to the recovery of non-agricultural land,
competent state agencies shall notify the land users of the land recovery. The
contents to be notified include land recovery, investigation, survey,
measurement and inventory plans.
2. In case land users
whose land is recovered agree on the land recovery plan prior to the time limit
prescribed in Clause 1 of this Article, the competent People’s Committee may
decide on land recovery without having to wait until the time limit for the
land recovery notification expires.
3. Land users whose land
is recovered shall coordinate with agencies and organizations performing
compensation and ground clearance in the process of investigation, survey,
measurement, inventory, and making of plans for compensation, support and
resettlement.
4. After the land recovery
decisions take effect and plans for compensation, support and resettlement
approved by competent state agencies are publicized, land users whose land is
recovered shall comply with the land recovery decisions.
Article
68. Organizations in charge of compensation and ground clearance; management of
recovered land
1. Organizations in
charge of compensation and ground clearance include public land service
organizations and compensation, support and resettlement councils.
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a/ Land recovered under
Articles 61 and 62 of this Law shall be allocated to investors for
implementation of investment projects or to public land service organizations
for management;
b/ Land recovered under
Clause 1, Article 64, and Points a, b, c or d, Clause 1, Article 65 of this Law
shall be allocated to public land service organizations for management and
auction of land use rights.
In case the land
recovered under Clause 1, Article 64, and Point a, b, c or d, Clause 1, Article
65 of this Law, is agricultural land of households and individuals in rural
areas that land shall be allocated to commune-level People’s Committees for
management. This land fund shall be allocated or leased in accordance with law
to households and individuals that have no land or lack production land.
3. The Government shall
detail this Article.
Article
69. Order and procedures for land recovery for national defense or security
purpose; for socio-economic development in the national or public interest
1. The making and
implementation of plans for land recovery, investigation, survey, measurement
and inventory are prescribed as follows:
a/ The People’s Committee
having competence to recover land shall issue a notice of land recovery.
The notice of land
recovery must be sent to every land user whose land is recovered, publicized in
the meetings with people in the recovered area and through the mass media,
posted up at offices of the commune-level People’s Committee and at common
public places of the residential areas of which land is recovered;
b/ The commune-level
People’s Committee shall coordinate with the organization in charge of
compensation and ground clearance to implement plans for land recovery,
investigation, survey, measurement and inventory;
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d/ In case the land users
in the recovered area do not cooperate with the organization in charge of
compensation and ground clearance for investigation, survey, measurement and
inventory, the commune-level People’s Committee and Vietnam Fatherland Front in
the locality and the organization in charge of compensation and ground
clearance shall mobilize and persuade the land users to cooperate.
If the land users still
do not cooperate with the organization in charge of compensation and ground
clearance within 10 days after the mobilization and persuasion, the chairperson
of the district-level People’s Committee shall issue a decision on compulsory
inventory. Land users whose land is to be recovered shall comply with that
decision. In case the land users do not comply with the decision, the
chairperson of the district-level People’s Committee shall issue a decision on
enforcement of the decision on compulsory inventory and organize the enforcement
in accordance with Article 70 of this Law.
2. The making and
appraisal on plans for compensation, support and resettlement are prescribed as
follows:
a/ The organization in
charge of compensation and ground clearance shall make the plan for compensation,
support and resettlement and coordinate with the commune-level People’s
Committee in the locality to conduct consultations on the plans for
compensation, support and resettlement in the forms of meetings with land users
living in the recovered area, posting up the plan for compensation, support and
resettlement at offices of the commune-level People’s Committee and at common
public places of the residential areas of which land is recovered.
The consultation results
must be recorded in minutes which are certified by representatives of the
commune-level People’s Committee and Vietnam Fatherland Front, and land users
whose land is recovered.
The organization in
charge of compensation and ground clearance shall make a written summarization
of opinions which clearly specifies the numbers of opinions for, against and
other opinions regarding the plans for compensation, support and resettlement;
coordinate with the commune-level People’s Committee in the locality in
organizing dialogues with those who have objections on the plans for
compensation, support and resettlement; and improve the plans for compensation,
support and resettlement for submission to competent agencies.
b/ Competent agencies
shall appraise the plans for compensation, support and resettlement before
submitting them to the competent People’s Committee for decision on land
recovery.
3. The decision on land
recovery, the approval and the organization of implementation of the plans for
compensation, support and resettlement are prescribed as follows:
a/ The People’s Committee
which has the competence as prescribed in Article 66 of this Law shall issue a
decision on land recovery and a decision on approval of the plans for
compensation, support and resettlement in the same day;
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c/ The organization in
charge of compensation and ground clearance shall implement activities in
accordance with the approved plans for compensation, support and resettlement;
d/ In case land users
whose land is to be recovered fail to hand over the land to the organization in
charge of compensation and ground clearance, the commune-level People’s
Committee and Vietnam Fatherland Front in the locality and the organization in
charge of compensation and ground clearance shall mobilize and persuade the
land users to hand over.
In case the land users
fail to comply with the decision even after the mobilization and persuasion,
the chairperson of the district-level People’s Committee shall issue a decision
on enforcement of land recovery and organize the enforcement in accordance with
Article 71 of this Law.
4. The organization in
charge of compensation and ground clearance shall manage land which is already
cleared.
Article
70. Enforcement of decisions on compulsory inventory
1. Principles of
enforcement of a decision on compulsory inventory:
a/ The enforcement is
conducted in a public, democratic, objective, orderly, safe and lawful manner;
b/ The times of starting
the enforcement fall in working hours.
2. The enforcement of a
decision on compulsory inventory may be conducted when all the following
requirements are met:
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b/ The decision on
enforcement of the compulsory inventory decision is posted up publicly at the
office of the commune-level People’s Committee and at common public places of
the residential area of which land is recovered;
c/ The decision on
enforcement of the compulsory inventory decision has taken effect;
d/ The person who is to be
coerced has received the effective decision on enforcement.
In case the person who is
to be coerced refuses to receive the decision on enforcement or is absent when
the decision on enforcement is delivered, the commune-level People’s Committee
shall make a written record of delivery.
3. The district-level
People’s Committee chairperson who issues the decision on enforcement shall
execute the decision on compulsory inventory and organize the execution of the
decision on enforcement.
4. The order and procedures
for executing the decision on enforcement of compulsory inventory are
prescribed as follows:
a/ The organization
assigned to conduct the enforcement shall mobilize, persuade and organize
dialogues with, the coerced people;
b/ In case the coerced
person complies with the decision on enforcement, the organization assigned to
conduct enforcement shall make a written record to acknowledge the compliance,
and conduct investigation, survey, measurement or inventory.
In case the coerced
person fails to comply with the decision on enforcement, the organization
assigned to conduct the enforcement shall execute the decision on enforcement.
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1. The principles of
enforcement of a land recovery decision comply with Clause 1, Article 70 of
this Law.
2. The enforcement of a
land recovery decision is conducted when all the following requirements are
met:
a/ The person whose land
is to be recovered fails to comply with the land recovery decision after the
mobilization and persuasion by the commune-level People’s Committee and Vietnam
Fatherland Front in the locality and the organization in charge of compensation
and ground clearance;
b/ The decision on
enforcement of the land recovery decision is posted up at the office of the
commune-level People’s Committee and at common public places of the residential
area of which land is recovered;
c/ The decision on
enforcement of the land recovery decision has taken effect;
d/ The person who is to
be coerced has received the effective decision on enforcement.
In case the person who is
to be coerced refuses to receive the decision on enforcement or is absent when
the decision on enforcement is delivered, the commune-level People’s Committee
shall make a written record of delivery.
3. The chairperson of the
district-level People’s Committee issues the decision on enforcement of the
land recovery decision, and organizes the execution of the decision.
4. The order and
procedures for enforcement of land recovery:
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b/ The enforcement board
shall mobilize, persuade, and conduct dialogues with, the coerced persons. If
the coerced persons comply, the enforcement board shall prepare a written
record to acknowledge the compliance. The land must be handed over within 30
days from the date of making the minutes.
In case the coerced
person fails to comply with the decision on enforcement, the enforcement board shall
execute the enforcement;
c/ The enforcement board
has the power to ask coerced persons and related people to leave the coerced
areas and to move their properties out of the land areas by themselves. If
these people fail to comply, the enforcement board shall move the coerced
persons, related people and their properties out of the areas.
In case the coerced
person refuses to receive their properties, the enforcement board shall make a
written record, preserve the properties in accordance with law, and notify the
properties’ owners to get the properties back.
5. Responsibilities of
organizations and individuals in executing decisions on enforcement of land
recovery:
a/ The district-level
People’s Committee shall implement the enforcement, settle complaints related
to the enforcement in accordance with the law on complaints; implement the
resettlement plans before executing the enforcement; ensure necessary
conditions and means to serve the enforcement; and allocate funds for
enforcement activities;
b/ The enforcement board
shall assume the prime responsibility for making the enforcement plans and cost
estimation for enforcement activities and submitting them to the competent
People’s Committee for approval, conduct the enforcement in accordance with the
approved plans and hand over the land to the organization in charge of
compensation and ground clearance.
In case there remain
properties on the coerced land, the enforcement board shall preserve the
properties. The preservation cost shall be born by the properties’ owners;
c/ The police shall
maintain social order and safety in the process of organizing the execution of
the decision on enforcement of land recovery;
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e/ Other related
agencies, organizations and individuals shall coordinate with the enforcement
board in executing the enforcement of land recovery at the request of the
enforcement board.
6. The Government shall
detail this Article.
Article
72. Land requisition
1. The State may
requisition land in case of extreme necessity to perform the tasks of national
defense or security, or in a state of war or emergency, or of prevention and
combat of natural disasters.
2. The decision on land
requisition must be made in writing. In case of emergency when the decision can
not be made in writing, the person who has competence to requisition land may
make the decision verbally but shall write a confirmation document on the land
requisition decision right at the time of land requisition. The decision on
land requisition takes effect from the time of its issuance.
Within 48 hours from the
time of making the land requisition decision verbally, the agency of the person
making that decision shall confirm in writing and send the confirmation
document to the person whose land is requisitioned.
3. The Minister of
National Defense, the Minister of Public Security, the Minister of Transport,
the Minister of Agriculture and Rural Development, the Minister of Health, the
Minister of Industry and Trade, the Minister of Natural Resources and
Environment, chairpersons of provincial-level People’s Committees and
chairpersons of district-level People’s Committees have the competence to
decide on land requisition and to extend the duration of land requisition. The
persons who have the competence to requisition land may not delegate this
competence to another person.
4. The duration of land
requisition must not exceed 30 days from the time the decision on land
requisition takes effect. In a state of war or emergency, the duration of land
requisition is counted from the date of issuance of the decision on land
requisition, but must not exceed 30 days from the date the state of war or
emergency is repealed.
In case the duration of land
requisition expires but the objectives of the requisition have not been
achieved, the land requisition duration may be extended for no more than 30
days. The decision to extend the land requisition must be made in writing and
sent to the people whose land is requisitioned before the land acquisition
duration expires.
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6. The person who has the
competence to decide on land requisition shall allocate the requisitioned land
to organizations and individuals for efficient and proper management and use;
return the land when the requisition duration expires; and make compensation
for the damage caused by the land requisition.
7. The compensation for
damage caused by land requisition is prescribed as follows:
a/ The person whose land
is requisitioned is entitled to compensation in case the requisitioned land is
destroyed or his/her income is lost as a direct consequence of the land
requisition;
b/ If the requisitioned
land is destroyed, the compensation must be made in money, based on the price
of land use rights transferred in the market at the payment time;
c/ If the person whose
land is requisitioned loses income as a direct consequence of the land
requisition, the compensation must be determined based on the actual loss of
income from the hand-over date to the returning date of the requisitioned land
which is indicated in the decision on return of the requisitioned land.
The amount of actual loss
of income must be consistent with the income incurred from the requisitioned
land in normal conditions prior to the requisition.
d/ The chairperson of the
provincial- or district-level People’s Committee of the locality shall form a
council to determine the level of compensation for damage caused by the land
requisition based on the written declarations of the land users and cadastral
records. Based on the level of compensation determined by the council, the
chairperson of the provincial- or district-level People’s Committee shall
decide on the compensation;
e/ Compensation for
damage caused by land requisition must be paid from the state budget in one-off
payment and directly to the person whose land is requisitioned within 30 days
from the returning date.
8. The Government shall
detail this Article.
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1. If the land used for
the projects or facilities for production and business purposes is not subject
to recovery by the State as prescribed in Articles 61 and 62 of this Law and such
land use is in accordance with the land use master plans and plans approved by
competent state agencies, the investors may receive the transfer of, or lease,
land use rights, or receive land use rights contributed as capital in
accordance with law.
2. The State shall adopt
policies to encourage the lease of land use rights or the receipt of land use
rights contributed as capital of economic organizations, households and
individuals to implement the projects or facilities for production and
business.
3. The Government shall
detail this Article.
Section
2. COMPENSATION FOR LAND, SUPPORT AND RESETTLEMENT
Article
74. Principles of compensation upon land recovery by the State
1. Land users who meet the
conditions prescribed in Article 75 of this Law upon land recovery by the State
shall be compensated.
2. The compensation must
be made in the form of allocating new land with the same land use purpose with
the recovered land. If there is no land available for compensation, the land
users shall receive compensation in money calculated according to the specific
land price of the type of recovered land which is decided by the
provincial-level People’s Committee at the time of the recovery decision.
3. The compensation upon
land recovery by the State must be made in a democratic, impartial, equal,
public, timely and lawful manner.
Article
75. Conditions for receiving compensation when the State recovers land for
national defense or security purpose; for socio-economic development in the
national or public interest
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2. Communities and
religious institutions using land which is not allocated or leased land by the
State and having a certificate, or being eligible to be granted a certificate
of land use rights and ownership of houses and other land-attached assets under
this Law but not being granted that certificate yet.
3. Overseas Vietnamese
who are allocated land with land use levy by the State, or are leased land with
full one-off rental payment for the entire lease period, or are transferred
land use rights in industrial parks, industrial clusters, export processing
zones, hi-tech zones or economic zones, having a certificate or being eligible
to be granted a certificate of land use rights and ownership of houses and
other land-attached assets under this Law but not being granted that
certificate yet.
4. Organizations that are
allocated land with land use levy by the State, or are leased land with full
one-off rental payment for the entire lease period, or receive inherited land
use rights, or are transferred land use rights for which the land use levy has
been paid or the amount paid for the transfer does not originate from the state
budget, having a certificate or being eligible to be granted a certificate of
land use rights and ownership of houses and other land-attached assets under
this Law but not being granted that certificate yet.
5. Foreign organizations
with diplomatic functions that are leased land by the State with full one-off
rental payment for the entire lease period and having a certificate or being
eligible to be granted a certificate of land use rights and ownership of houses
and other land-attached assets under this Law but not being granted that
certificate yet.
6. Economic
organizations, overseas Vietnamese and foreign-invested enterprises that are
allocated by the State land with land use levy to implement investment projects
for construction of houses for sale or for a combination of sale and rent, or
are leased land with full one-off rental payment for the entire lease period,
having a certificate or being eligible to be granted a certificate of land use
rights and ownership of houses and other land-attached assets under this Law
but not being granted that certificate yet.
Article
76. Compensation for remaining investment costs on land when the State recovers
land for national defense or security purpose; or for socio-economic
development in the national or public interest
1. Cases that are not
eligible for compensation for land but are eligible for compensation for the
remaining investment costs on land when the State recovers the land include:
a/ Land which is
allocated by the State without land use levy, except the cases in which
agricultural land is allocated to households and individuals as prescribed in
Clause 1, Article 54 of this Law;
b/ Land which is
allocated with land use levy by the State to organizations but those
organizations are exempted from land use levy;
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d/ Agricultural land
belonging to the public land fund of the communes, wards or townships;
e/ Contracted land for
agriculture, forestry, aquaculture or salt production.
2. The Government shall
detail this Article.
Article
77. Compensation for land and remaining investment costs on land when the State
recovers agricultural land from households and individuals
1. Households and
individuals using agricultural land when the State recovers land are eligible
to receive compensation for land and remaining investment costs on land in
accordance with the following provisions:
a/ Agricultural land area
to be compensated includes the area within the quotas as prescribed in Articles
129 and 130 of this Law and the area received in the form of inheritance;
b/ Agricultural land area
exceeding the quota specified in Article 129 of this Law is ineligible for
compensation for land but is eligible for the remaining investment costs on
land;
c/ For agricultural land
area exceeding the quota prior to the effective date of this Law, the
compensation and support must comply with the Government’s regulations.
2. For agricultural land
which was used before July 1,2004, of which land users are households and
individuals directly engaged in agricultural production but have not been
granted a certificate or not being eligible to be granted a certificate of land
use rights and ownership of houses and other land-attached assets under this
Law, the compensation must be made for the land area which is actually used and
does not exceed the agricultural land allocation quota prescribed in Article
129 of this Law.
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1. For economic
organizations that are using allocated agricultural land with land use levy or
leased land with full one-off rental payment for the entire lease period, or
are transferred land use rights, if they are eligible for compensation as
prescribed in Article 75 of this Law when the State recovers the land, they
shall be compensated for land for the remaining land use term.
2. Economic
organizations, self-financed public non-business organizations that are using
allocated agricultural land with annual rental payment, shall, upon land
recovery by the State, not be compensated for land but for the remaining
investment costs on land if the costs do not originate from the state budget.
If agricultural land is
not land for special-use forest, protection forest or production forest which
is natural forest and has been contracted by economic organizations to
households and individuals in accordance with law, upon land recovery by the
State, die households and individuals acquiring the contracted land shall not
be compensated for land but for the remaining investment costs on land.
3. Communities and
religious institutions that are using agricultural land and eligible for
compensation as prescribed in Article 75 of this Law, shall, upon land recovery
by the State, be compensated for land in accordance with the Government’s
regulations.
Article
79. Compensation for land when the State recovers residential land
1. Households and
individuals using residential land and overseas Vietnam owning houses
associated with land use rights in Vietnam, who are eligible for compensation
as prescribed in Article 75 of the Law upon land recovery by the State, shall
be compensated as follows:
a/ If they have no other
residential land or houses in the communes, wards or townships in which the
recovered land is located, they shall be compensated with residential land or
house. If they have no need for compensation with residential land or house,
the State shall compensate them in money;
b/ If they have other
residential land or houses in the communes, wards or townships in which the
recovered land is located, they shall be compensated in money. For localities
with available land fund, the compensation in the form of land may be
considered.
2. For households and
individuals that are required to move upon the State’s recovery of land and
land-attached houses, if they are ineligible for compensation with residential
land and have no other living place, the State shall offer houses for them to
buy or lease-purchase, or allocate them residential land with land use levy.
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4. The Government shall
detail this Article.
Article
80. Compensation for land and remaining investment costs on land when the State
recovers non-agricultural land which is not residential land of households and
individuals
1. For households and
individuals using non-agricultural land which is not residential land, when the
State recovers land, if they are eligible for compensation as prescribed in
Article 75 of this Law, they shall be compensated with land having the same
land use purpose. In case such land is not available for compensation, they
shall be compensated with money calculated based on the remaining land use term.
2. For households and
individuals using non-agricultural land which is not residential land and is
leased by the State with annual rental payment or with full one-off rental
payment for the entire lease period but being exempted from land rental, when the
State recovers land, they shall not be compensated for land but for the
remaining investment costs in land, except the cases in which households and
individuals use land under the policies for people with meritorious services to
the revolution.
3. The Government shall
detail this Article.
Article
81. Compensation for land and remaining investment costs on land when the State
recovers non-agricultural land which is not residential land from economic
organizations, self-financed public non-business organization, communities,
religious institutions, overseas Vietnamese, foreign organizations with
diplomatic functions, and foreign-invested enterprises
1. For economic
organizations and overseas Vietnamese using non-agricultural land which is not
residential land or land of cemeteries or graveyards, when the State recovers
land, if they are eligible for compensation as prescribed in Article 75 of this
Law, they shall be compensated with land having the same land use purpose. In
case that land is not available for compensation, they shall be compensated
with money calculated based on the remaining land use term.
2. Economic organizations
using land allocated for construction of cemeteries or graveyards as prescribed
in Clause 4, Article 55 of this Law, or joint ventures using non-agricultural
land that is not residential land as a result of receipt of land use rights
contributed as capital as prescribed in Article 184 of this Law, shall be
compensated for land according to the Government’s regulations when the State
recovers the land.
3. For economic
organizations, self-financed public non-business organization, overseas
Vietnamese, foreign organizations with diplomatic functions, and
foreign-invested enterprises using non-agricultural land which is leased with full
one-off rental payment for the entire lease period, if they are eligible for
compensation as prescribed in Article 75 of this Law when the State recovers
land, they shall be compensated for land according to the remaining land use
term.
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5. For communities and
religious institutions using non-agricultural land, if they are eligible for
compensation as prescribed in Article 75 of this Law when the State recovers
land, they shall be compensated for land in accordance with the Government’s
regulations.
Article
82. Cases in which compensation for land is not made upon land recovery by the
State
The State shall recover
land without compensation for land in the following cases:
1. The cases specified in
Clause 1, Article 76 of this Law;
2. Land which is
allocated by the State for management;
3. Land which is
recovered as prescribed in Article 64 and at Points a, b, c and d, Clause 1,
Article 65 of this Law;
4. Cases that are not
eligible for a certificate of land use rights and ownership of houses and other
land-attached assets in accordance with this Law, except the cases prescribed
in Clause 2, Article 77 of this Law.
5. Principles of support
upon land recovery by the State:
a/ Upon land recovery by
the State, in addition to receiving compensation in accordance with this Law,
land users shall also be considered for receiving support from the State;
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6. The support upon land
recovery by the State includes:
a/ Support for
stabilizing livelihood and production;
b/ Support for training,
occupation change and job seeking for cases of recovery of agricultural land
from households and individuals directly engaged in agricultural production, or
of recovery of land which is a combination between residential land and land
for trading and services of households and individuals that have to be
relocated;
c/ Support for
resettlement in case of recovery of land from households, individuals and
overseas Vietnamese who have to be relocated;
d/ Other support.
7. The Government shall
detail this Article.
Article
84. Support for vocational training, occupation change and job seeking for households
and individuals upon land recovery by the State
1. For households and
individuals directly engaged in agricultural production, when the State
recovers agricultural land and there is no agricultural land available for
compensation, in addition to receiving compensation in money, they are entitled
to support for vocational training, occupation change and job seeking.
In case the people who
are entitled to support for vocational training, occupation change or job
seeking are of working age and have need for vocational training, they may be
admitted to vocational training centers, receive counseling on job seeking and
preferential loans to develop production and business.
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3. Based on the annual
district-level land use plans, provincial- and district-level People’s
Committees shall make and implement plans for vocational training, occupation
change and job seeking for those whose recovered land is agricultural land or
residential land in combination with trading and services. Plans for vocational
training, occupation change and job seeking shall be developed and approved
concurrently with plans for compensation, support and resettlement.
During the process of
making plans for vocational training, occupation change and job seeking,
provincial- and district-level People’s Committees shall organize consultations
with, and give explanation and assimilate opinions from, people whose land is
recovered.
Article
85. Formulation and implementation of resettlement projects
1. Provincial- and
district-level People’s Committees shall develop and implement the resettlement
projects before conducting the land recovery.
2. In the concentrated
resettlement areas, infrastructure must be developed synchronously, ensuring
construction standards and regulations and conformity with the conditions,
customs and practices of each region and area.
3. Land recovery can only
be conducted after the construction of houses and infrastructure in the
resettlement area is completed.
4. The Government shall
detail this Article.
Article
86. Resettlement arrangement for those whose land is recovered and who
need to be relocated
1. The organization in
charge of compensation and ground clearance which is assigned by the
provincial- and district-level People’s Committees to arrange resettlement
shall notify those whose land is recovered and who need to be relocated of the
tentative resettlement arrangement plan and post up the plan at the offices of
the commune-level People’s Committee, at common public places of the
residential areas of which land is recovered and at resettlement areas for at
least 15 days before competent state agencies approve the plan.
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2. People whose land is
recovered shall be resettled in the same place if the resettlement projects are
developed or conditions for resettlement arrangement exist in the recovered
area. Convenient locations are prioritized for those who hand over the
recovered land early or people with meritorious services to the revolution.
The approved plan for
resettlement arrangement must be publicized at the office of the commune-level
People’s Committee and at common public places of the residential areas of
which land is recovered.
3. The specific land
price used to calculate land use levy at resettlement areas and the sale price
of resettlement houses shall be determined by the provincial-level People’s
Committee.
4. In case people having
land recovered are resettled while the amount of compensation and support is
not enough to buy the minimum resettlement plot, the State shall make up the
deficit.
The Government shall
specify the minimum resettlement plot in conformity with specific conditions of
each region, area and locality.
Article
87. Compensation, support and resettlement for special cases
1. For investment
projects that are decided by the National Assembly or approved in principle by
the Prime Minister and require relocation of all population in the community,
affecting all the livelihood, socio-economic activities, and cultural
traditions of the community, and for projects of which the recovered land is
located in several provinces and centrally run cities, the Prime Minister shall
decide on the policy framework for compensation, support and resettlement.
2. For projects using
loans from international or foreign organizations for which Vietnam has
committed to a policy framework for compensation, support and resettlement,
that framework policy shall apply.
3. For the cases
prescribed at Points e and f, Clause 1, Article 65 of this Law, people whose
land is recovered are entitled to compensation, support and resettlement to
stabilize their livelihood and production in accordance with the Government’s
regulations.
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Article
88. Principles of compensation for damage to assets and damage incurred due to
stopped production and business upon land recovery by the State
1. If land-attached
assets are damaged upon land recovery by the State, lawful owners of those
assets are entitled to compensation.
2. Upon the land recovery
by the State, if organizations, households, individuals, overseas Vietnamese or
foreign-invested enterprises have to stop production and business which causes
them damage, they are entitled to compensation for the damage.
Article
89. Compensation for damage to houses and construction facilities on land upon
the land recovery by the State
1. For houses and
land-attached residential construction facilities of households, individuals or
overseas Vietnamese which are wholly or partially dismantled upon land recovery
by the State while the remaining part does not meet technical standards as
prescribed by law, their owners are entitled to compensation equivalent to the
value of new houses and construction facilities with equivalent technical
standards.
If the remaining part of
the houses and construction facilities still meets the technical standards as
prescribed by law, the compensation must be made based on the actual damage.
2. For houses and other
land-attached construction facilities not falling into the case specified in
Clause 1 of this Article, which are wholly or partially dismantled upon land
recovery by the State while the remaining part does not meet technical
standards as prescribed by law, their owners are entitled to compensation for
the damage in accordance with the Government’s regulations.
3. For land-attached
technical infrastructure and social infrastructure cuưently in use and not
falling into the cases specified in Clauses 1 and 2 of this Article, the
compensation amount is equivalent to the value of new construction facilities
with equivalent technical standards prescribed by specialized law.
Article
90. Compensation for plants and livestock
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a/ For annual crops, the
compensation must be equal to the output value of the harvest. The output value
of the harvest is the highest yield of the harvests in the preceding 3 years of
the local main crop and the average price at the time of land recovery;
b/ For perennial crops,
the compensation must be equal to the current value of the planting area
calculated in local prices at the time of the land recovery, excluding the
value of land use rights;
c/ For plants which have
not been harvested yet but can be brought to another location, the
transportation cost and the actual damage due to the transportation and
re-planting must be compensated;
d/ For planted forests
funded by the state budget and for natural forests allocated to organizations,
households and individuals for planting, management, growing or protection, the
value of the actual damage must be compensated. The compensation amount must be
divided to those who manage, grow and protect the forests in accordance with
the law on forest protection and development.
2. In case land recovery
by the State causes damage to aquatic livestock, the compensation must be made
according to the following provisions:
a/ For aquatic livestock
which are due to be harvested at the time of land recovery, no compensation
must be made;
b/ For aquatic livestock
which are not due to be harvested at the time of land recovery, the actual
damage due to the early harvest must be compensated. In case the aquatic
livestock can be brought to another location, the transportation cost and the
damage caused by the transportation must be compensated. The specific
compensation amount must be determined by provincial-level People’s Committees.
Article
91. Compensation for transportation costs upon land recovery by the State
1. Upon land recovery by
the State, people whose assets need to be moved shall be compensated for the
cost of dismantlement, transportation and installation. In case of moving
machinery or production lines, the damage caused during the process of
dismantlement, transportation and installation must also be compensated.
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Article
92. Cases ineligible for compensation for land-attached assets upon land
recovery by the State
1. Land-attached assets
falling into any of the cases of land recovery specified at Points a, b, d, e,
f and i, Clause 1, Article 64, and at Points b and d, Clause 1, Article 65 of
this Law.
2. Land-attached assets
which are illegally created or created after the notice of land recovery by a
competent state agency takes effect.
3. Technical
infrastructure, social infrastructure and other construction facilities which
are no longer in use.
Article
93. Payment of compensation, support and resettlement money
1. Within 30 days after
the decision on the land recovery by a competent state agency takes effect,
agencies and organizations in charge of compensation shall pay compensation and
support to people whose land is recovered.
2. If agencies and
organizations in charge of compensation delay the payment, in addition to the
compensation and support prescribed in approved plans for compensation, support
and resettlement, people whose land is recovered are entitled to an amount
equivalent to the late- payment interest in accordance with the Law on Tax
Administration calculated based on the unpaid amount and the delayed period.
3. In case people whose
land is recovered do not receive the compensation and support prescribed in
approved plans for compensation, support and resettlement, this compensation
and support must be deposited in the temporary custody account of the State
Treasury.
4. For land users who are
entitled to compensation upon land recovery by the State but have not fulfilled
land-related financial obligations as prescribed by law, the amount of these
financial obligations must be deducted from the compensation amount and paid
back to the state budget.
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Article
94. Compensation for land within safety coưidors upon construction of
facilities with safety corridors
When the State constructs
public, national defense or security facilities with safety corridors without
recovering the land located within the safety corridors, the land users are
entitled to compensation for the damage caused by limited land use and for the
damage to land-attached assets in accordance with the Government’s regulations.
Chapter
VII
LAND
REGISTRATION, GRANT OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES
AND OTHER LAND-ATTACHED ASSETS
Section
1. REGISTRATION OF LAND, HOUSES AND OTHER LAND-ATTACHED ASSETS
Article
95. Registration of land, houses and other land-attached assets
1. Land registration is
compulsory for land users and people who are allocated land for management.
Registration of ownership of houses and other land-attached assets is conducted
at the request of the owner.
2. Registration of land,
houses and other land-attached assets includes the first registration and
change registration which are conducted at the land registration organization
under the land administration agency, in the form of paper or electronic
registration, which are of the same legal validity.
3. First registration is
conducted in the following cases:
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b/ The land parcel is in
use but not registered yet;
c/ The land parcel is
allocated for management but not registered yet;
d/ The houses and other
land-attached assets are not registered yet.
4. Change registration is
conducted in the cases in which the certificates have been granted or change
occurs after the first registration as follows:
a/ The land user or the
owner of land-attached assets exercises the right to exchange, transfer, lease,
sublease, inherit, donate land use rights or land-attached assets; mortgage or
contribute as capital land use rights or land-attached assets;
b/ The land user or the
owner of land-attached assets is allowed to change his/her name;
c/ There is a change in
the shape, dimension, area, number and address of the land parcel;
d/ There is a change in
land-attached assets compared with the registered contents;
e/ There is a change of
land use purpose;
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g/ There is a change from
land lease with annual rental payment to land lease with one-off rental payment
for the entire lease period, from land allocation without land use levy to land
lease, or from land lease to land allocation with land use levy in accordance
with this Law;
h/ Land use rights or the
ownership of houses and other land-attached assets of the wife or husband is
converted the joint land use rights and ownership of houses and other
land-attached assets of both husband and wife;
i/ The joint land use
rights and ownership of houses and other land-attached assets of the
organization or the household, of both husband and wife, of joint land users
group and joint owners of land-attached assets are split;
k/ There is a change in
land use rights or ownership of houses and other land-attached assets as a
result of the successful conciliation of land disputes which is confirmed by a
competent People’s Committee, the agreement in the mortgage contract to settle
the debt, the decision of a competent state agency on settlement of land
dispute, complaint and denunciation, the decision or judgment of a People’s
Court, the decision on enforcement of the enforcement board which has been implemented,
or the document recognizing the result of the auction of land use rights in
accordance with law;
l/ The limited use rights
to the adjacent land parcel are established, changed or terminated;
m/ There is a change in
the limitations on the rights of land users.
5. Land users and owners
of land-attached assets who have declared and registered are recorded in the
cadastral book and granted a certificate of land use rights and ownership of
houses and other land-attached assets if they so request and are eligible in
accordance with this Law and other relevant laws. In case of change
registration, land users are granted a certificate of land use rights and
ownership of houses and other land-attached assets, or have the change
certified in the granted certificate.
In case of first
registration, if land users are ineligible for a certificate of land use rights
and ownership of houses and other land-attached assets, they may use land
temporarily until the State issues a handling decision on the issue in accordance
with Government’s regulations.
6. For the cases of
change registration specified at Points a, b, h, i, k and 1, Clause 4 of this
Article, land users shall perform the procedures for change registration within
30 days from the date of the change. In case of inheritance, this period is
calculated from the date the inherited land use rights are divided.
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Article
96. Cadastral records
8. Cadastral records
include paper or digital documents which show detailed information on each land
parcel, people assigned to manage the land, the land user, the owner of any
land-attached asset, land use rights and changes of land use rights, and the ownership
of land-attached assets.
9. The Minister of
Natural Resources and Environment shall prescribe cadastral records, the
establishment, editing and management of cadastral records, and provide a
roadmap for change from paper to digital cadastral records.
Section
2. GRANT OF THE CERTIFICATE OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND
OTHER LAND-ATTACHED ASSETS
Article
97. Certificates of land use rights and ownership of houses and other
land-attached assets
1. A certificate of land
use rights and ownership of houses and other land-attached assets is granted to
those who have land use rights and the ownership of houses and other
land-attached assets, which is made according to a single form used nationwide.
The Minister of Natural
Resources and Environment shall issue specific regulations on the certificate
of land use rights and ownership of houses and other land-attached assets.
2. The certificate of
land use rights, the certificate of house ownership and residential land use
rights, the certificate of house ownership and the certificate of construction
facilities ownership which have been granted in accordance with the land law,
housing law or construction law before December 10, 2009, remain legally valid
and are not required to be changed to the certificate of land use rights and
ownership of houses and other land-attached assets. In case those who were
granted a certificate before December 10, 2009, want to change the certificate,
they shall be granted the certificate of land use rights and ownership of
houses and other land-attached assets in accordance with this Law.
Article
98. Principles of grant of certificates of land use rights and ownership of
houses and other land-attached assets
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2. For a land parcel which
is used by several land users or for the houses and other land-attached assets
which are owned by several owners, the names of all involved persons shall be
recorded in the certificate, and each person shall be granted one certificate.
At the request of the land users or owners, only one certificate may be granted
to all of them and delivered to the representative.
3. Land users or owners
of houses and other land-attached assets shall be granted a certificate of land
use rights and ownership of houses and other land-attached assets after they
have fulfilled the financial obligations as prescribed by law.
In case the land users or
owners of houses and other land-attached assets do not have to fulfill
financial obligations or are exempted from financial obligations or allowed to
owe the financial obligations and in case the land is leased with annual rental
payment, they may receive the certificate of land use rights and ownership of
houses and other land-attached assets right after the certificate is granted by
a competent agency.
4. In case land use
rights, or land use rights and the ownership of houses and other land- attached
assets, or the ownership of houses and other land-attached assets are/is the
joint property of husband and wife, the full names of both husband and wife
must be recorded in the certificate of land use rights and ownership of houses
and other land-attached assets, unless husband and wife agree to record the
full name of only one person.
In case land use rights,
or land use rights and the ownership of houses and other land-attached assets,
or the ownership of houses and other land-attached assets are/is the joint
property of husband and wife and the granted certificate only records the full
name of the husband or wife, a new certificate which records the full names of
both husband and wife may be granted if requested.
5. If there is a
difference in the area between the actual surveyed data with data recorded on
the documents as prescribed in Article 100 of this Law or in the granted certificate
while the boundaries of the land parcel in use have not changed compared with
the boundaries of the land parcel at the time of receiving the document on land
use rights and there is no dispute with the adjacent land users, the land area
is determined in accordance with the actual surveyed data for granting or
changing the certificate. Land users do not have to pay land use levy for the
positive balance in area, if any.
In case of resurvey and
the boundaries of the land parcel change compared with the boundaries of the
land parcel at the time of receiving the document on land use rights and the
surveyed area is larger than the area recorded in that document, the balance
area (if any) may be considered for the grant of a certificate of land use rights
and ownership of houses and other land-attached assets in accordance with
Article 99 of this Law.
Article
99. Cases of land use to be granted a certificate of land use rights and
ownership of houses and other land-attached assets
1. The State shall grant a
certificate of land use rights and ownership of houses and other land-attached
assets for the following cases:
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b/ People who are
allocated land or leased land by the State from the date this Law takes effect;
c/ People who are allowed
to exchange, acquire, inherit, receive land use rights as a donation, or receive
land use rights contributed as capital, or to receive land use rights upon
settlement of contracts on mortgage with land use rights to recover debts;
d/ People who are
entitled to use land as a result of the successful conciliation of land
disputes, a judgment or decision of the People’s Court, a judgment enforcement
decision of the judgment enforcement agency, or a decision on settlement of
land disputes, complaints or denunciations of a competent state agency, which
has been executed;
e/ People who use land in
industrial parks, industrial parks, export processing zones, hi-tech zones or
economic zones;
g/ People who buy houses
and other land-attached assets;
h/ People who buy houses
attached to residential land liquidated by the State or buy state- owned
houses;
i/ People who use split
or consolidated land parcels; a group of land users or members of a household,
husband and wife, organizations using land who split or consolidate the
existing land use rights;
k/ Land users who request
change or re-grant of a lost certificate.
2. The Government shall
detail this Article.
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1. Households and
individuals that are using land stably and have one of the following documents
shall be granted a certificate of land use rights and ownership of houses and
other land-attached assets without having to pay land use levy:
a/ The documents on land
use rights before October 15, 1993, which were granted by a competent agency in
the process of implementing the land policy of the Democratic Republic State of
Vietnam, the Provisional Revolutionary Government of the Republic of South
Vietnam or the Socialist Republic of Vietnam;
b/ Temporary certificates
of land use rights granted by competent state agencies, or having their names
recorded in the Land Register Book or Cadastral Book before October 15, 1993;
c/ Lawful papers on
inheritance or donation of land use rights or land-attached assets, documents
on hand-over of land-attached gratitude house or charity house;
d/ The document on the
transfer of land use rights or purchase of residential land-attached houses
before October 15, 1993, and such houses were certified as being used before
October 15, 1993, by the commune-level People’s Committee;
e/ The document on
liquidation of residential land-attached houses by the State or document on
purchase of a state-owned house in accordance with law;
f/ The document on land
use rights issued by a competent authority of the former regime to land users;
g/ Other documents issued
before October 15, 1993, in accordance with the Government’s regulations.
2. Households and
individuals that are using the land and have one of the documents specified in
Clause 1 of this Article bearing the names of other people accompanied by the
documents on transfer of land use rights signed by the related parties, but have
not performed the procedures for the transfer of land use rights in accordance
with law prior to the effective date of this Law, and there is no dispute on
that land, shall be granted a certificate of land use rights and ownership of
houses and other land-attached assets without having to pay land use levy.
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4. Households and
individuals using land that is allocated or leased by the State from October
15, 1993, to the effective date of this Law and have not been granted a
certificate, shall be granted a certificate of land use rights and ownership of
houses and other land-attached assets. In case they have not fulfilled their
financial obligations, they shall fulfill those obligations in accordance with
law.
5. Communities using land
with communal houses, temples, shrines, hermitages, worship halls or ancestral
temples; agricultural land prescribed in Clause 3, Article 131 of this Law, and
that land is dispute-free and is certified as the land used commonly by the
community by the commune-level People’s Committee, shall be granted a
certificate of land use rights and ownership of houses and other land-attached
assets.
Article
101. Grant of a certificate of land use rights and ownership of houses and
other land- attached assets to households and individuals that are using land
and have no documents on land use rights
1. Households and
individuals using the land prior to the effective date of this Law and having
none of documents prescribed in Article 100 of this Law that have a book of
status of permanent residence in the locality and are directly engaged in
agriculture, forestry, aquaculture or salt production in areas with difficult
socio-economic conditions or especially difficult socio-economic conditions,
and are certified by the commune-level People’s Committee that the land has
been used stably and dispute-free, shall be granted a certificate of land use
rights and ownership of houses and other land-attached assets without having to
pay land use levy.
2. Households and
individuals using land and having none of documents prescribed in Article 100
of this Law that have used land stably before July 1, 2004, with no violations
of the land law and such land is certified by the commune-level People’s
Committee as dispute-free and conformable with the land use master plan,
detailed urban construction master plan and master plan on construction of
rural residential areas approved by competent state agencies, shall be granted
a certificate of land use rights and ownership of houses and other
land-attached assets.
3. The Government shall
detail this Article.
Article
102. Grant of a certificate of land use rights and ownership of houses and
other land- attached assets to organizations and religious institutions that
are using land
1. Organizations using
land shall be granted a certificate of land use rights and ownership of houses
and other land-attached assets for the land area which is used for proper
purposes.
2. The land area used by
organizations which is not covered in the certificate of land use rights and
ownership of houses and other land-attached assets is settled as follows:
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b/ Organizations shall
hand over the land area which was used as residential land to the
district-level People’s Committee for management. In case that residential land
is in accordance with the land use master plan approved by a competent state
agency, the land users are entitled to be granted a certificate of land use
rights and ownership of houses and other land-attached assets. In case a state
enterprise engaged in agriculture, forestry, aquaculture or salt production is
allocated land and lets households and individuals use part of that land for
residential purpose before July 1, 2004, that enterprise shall make a plan for
rearrangement of such residential area into a residential quarter and submit it
to the provincial-level People’s Committee for approval before handing over the
land to the locality for management.
3. For organizations
using leased land as prescribed in Article 56 of this Law, the provincial-
level land administration agency shall perform the procedures to sign the land
lease contract before granting a certificate of land use rights and ownership
of houses and other land-attached assets.
4. Religious institutions
using land shall be granted a certificate of land use rights and ownership of
houses and other land-attached assets if they fully meet the following
conditions:
a/ Being licensed to
operate by the State;
b/ The land is
dispute-free;
Article
103. Determination of residential land area with respect to land with ponds and
gardens
1. In order to be
considered as residential land with gardens and ponds of households or
individuals must be located within a land parcel with existing houses.
2. If a land parcel with
gardens and ponds was formed before December 18, 1980, and the land user
possesses one of the documents on land use rights as prescribed in Clauses 1, 2
and 3, Article 100 of this Law, the area of residential land shall be
determined in accordance with such documents.
In case the residential
area is not indicated clearly in documents on land use rights prescribed in
Clauses 1, 2 and 3 of Article 100 of this Law, the residential land area to be
recognized without land use levy must not exceed 5 times the land allocation
quota prescribed in Clause 2, Article 143, and Clause 4, Article 144 of this
Law.
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4. If a land parcel with
gardens and ponds was formed in the period from December 18, 1980, to before
July 1, 2004, and the land user possesses one of the documents on land use
rights as prescribed in Article 100 of this Law and the land area is not
indicated clearly in those documents, the residential land area shall be
determined as follows:
a/ The provincial-level
People’s Committee shall, based on the local conditions and customs, prescribe
the residential land recognition quota for each household in accordance with
local customs and the number of people in the household;
b/ If the land parcel is
larger than the prescribed residential land recognition quota of the locality,
the residential land area shall be determined equal to the residential land
recognition quota of the locality;
c/ If the land parcel is
smaller than the prescribed residential land recognition quota of the locality,
the residential land area must be determined as the whole area of the land
parcel.
5. In case there are no
documents on land use rights as prescribed in Article 100 of this Law, and the
land has been used stably since before October 15, 1993, the residential land area
shall be determined under Clause 4 of this Article. In case the land has been
used stably from October 15, 1993, the residential land area shall be
determined in accordance with residential land area allocated to each household
or individual as prescribed in Clause 2, Article 143, and Clause 4, Article 144
of this Law.
6. After the residential
land area is determined under Clauses 2, 3, 4 and 5 of this Article, the
remaining land area with gardens and ponds shall be used for the current land
use purpose under Clause 1, Article 10 of this Law.
7. The Government shall
detail this Article.
Article
104. Grant of a certificate for land-attached assets
1. Land-attached assets
to be granted a certificate of land use rights and ownership of houses and
other land-attached assets include houses, other construction facilities,
production forests which are planted forests, and perennial crops existing at
the time the certificate of land use rights and ownership of houses and other
land-attached assets is granted.
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Article
105. Competence to grant certificates "of land use rights and ownership of
houses and other land-attached assets
1. Provincial-level
People’s Committees shall grant certificates of land use rights and ownership
of houses and other land-attached assets to organizations, religious
institutions, overseas Vietnamese, foreign-invested enterprises which implement
investment projects, and foreign organizations with diplomatic functions.
Provincial-level People’s
Committees may authorize the agency in charge of natural resources and
environment of the same level to grant the certificates of land use rights and
ownership of houses and other land-attached assets.
2. District-level
People’s Committees shall grant the certificates of land use rights and
ownership of houses and other land-attached assets to households, individuals
and communities, and to overseas Vietnamese that are eligible to own house
associated with land use rights in Vietnam.
3. For the subjects that
were granted a certificate, a certificate of houses ownership or a certificate
of construction facilities ownership, and execute the rights of land users or
owners of land-attached assets or apply for the renewal or re-grant of the
certificate, the certificate of houses ownership or the certificate of
construction facilities ownership, the agency in charge of natural resources and
environment shall handle in accordance with the Government’s regulations.
4. The state agencies
which have the competence to grant the certificate shall correct the granted
certificates which bear the following errors:
a/ There is wrong
information on the name, the papers on legal status or personal identity, in
the address of the land user or owner of land-attached assets as compared with
the papers on legal status or personal identity at the time of grant of the
certificate to such person;
b/ There is wrong
information on the land parcel, land-attached assets as compared with the
registration application dossier on land and land-attached assets which have
been inspected and certified by the land registration agency.
5. The State may withdraw
a granted certificate in the following cases:
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b/ The granted
certificate is renewed;
c/ The land user or owner
of the land-attached assets registers for a change of land or land- attached
assets for which a new certificate of land use rights and ownership of houses
and other land-attached assets must be granted;
d/ The existing
certificate was granted ultra vires, to an improper land user, for a wrong land
area, without sufficient conditions, for improper land use purpose or land use
term or land use origin as prescribed by the land law, except for the case in
which the person for whom the certificate is granted has transferred land use
rights or ownership of land-attached assets in accordance with the land law.
6. The withdrawal of a
granted certificate for the cases prescribed at Point d, Clause 2 of this
Article shall be decided by the agency having the competence to grant the
certificate of land use rights and ownership of houses and other land-attached
assets as prescribed in Article 105 of this Law based on the conclusion of the
inspection agency at the same administrative level, or based on the effective
document issued by a competent state agency on land dispute settlement.
Chapter
VIII
LAND
FINANCE, LAND PRICE AND AUCTIONS OF LAND USE RIGHTS
Section
1. LAND FINANCE
Article
107. Financial revenues from land
1. Financial revenues
from land include:
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b/ Land rental upon land
lease by the State;
c/ Land use tax;
d/ Income tax on transfer
of land use rights;
e/ Revenue from sanction
of administrative violations of the land law;
f/ Indemnification to the
State for damage caused during land management and use;
g/ Charges and fees in
land management and use.
2. The Government shall
prescribe in detail the collection of land use levy and land rental,
sanctioning of administrative violations of the land law, and indemnification
to the State for damage caused during land management and use.
Article
108. Bases and time for calculation of land use levy and land rental
1. Bases for calculation
of land use levy include:
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b/ The land use purpose;
c/ The land price as
prescribed in Article 114 of this Law; in case of auction of land use rights,
the land price is the winning price.
2. Bases for calculation
of land rental include:
a/ The area of leased
land;
b/ The land lease term;
c/ The unit price for
land lease; in case of auction of land lease rights, the land rental is the
winning unit price;
d/ Types of land lease,
including annual rental payment or full one-off rental payment for the entire
lease period.
3. The time for
calculation of land use levy or land rental is the time when the State decides
on the land allocation or land lease, permits change of land use purpose, or
recognizes land use rights.
Article
109. Payment of land use levy or land rental upon change of land use purpose or
extension of land use term
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a/ Payment of land use
levy or the full one-off rental payment for the entire lease period which is
the difference between the land use levy or land rental after and before the
change of the land use purpose;
b/ Payment of annual
rental payment based on the type of land after the change of the land use
purpose.
2. When the land use term
is extended and the land user is obliged to pay land use levy or land rental,
the land user shall fulfill their financial obligations for the extended land
use term.
3. The Government shall
detail this Article.
Article
110. Exemption from and reduction of land use levy or land rental
1. The exemption from and
reduction of land use levy or land rental apply in the following cases:
a/ Using land for
production and business purposes in sectors or geographical areas that are
given investment preferences in accordance with the investment law, except for
investment projects on construction of commercial houses;
b/ Using land for
implementation of policies on houses and residential land for the people with
meritorious services to the revolution, for poor households, for households and
individuals of ethnic minorities living in areas with especially difficult
socio-economic conditions, in bordering areas or on islands; using land for
social housing construction in accordance with the housing law; residential
land for people who have to be relocated when the State recovers land due to
the risks threatening humans life;
c/ Using agricultural
land by households and individuals of ethnic minorities;
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dd/ Using land for
construction of infrastructure of airports, airfields and facilities to provide
air services;
e/ Using land for
construction of offices, drying grounds and warehouses; service facilities
directly serving agriculture, forestry, aquaculture or salt production for
agricultural cooperatives;
g/ Other cases as
prescribed by the Government.
2. The Government shall
detail this Article.
3. The land development
fond of a locality shall be established by the provincial-level People’s
Committee or entrusted to the Fund for development investment or other
financial funds of the locality to advance capital for compensation, ground
clearance or creation of land fund in accordance with land use master plans and
plans approved by competent state agencies.
4. The financial sources
for the land development fund shall be allocated from the State budget and
other mobilized sources in accordance with law.
5. The Government shall
detail this Article.
Section
2. LAND PRICE
Article
112. Principles and methods of land valuation
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a/ Based on the lawful
land use purpose at the time of land valuation;
b/ Based on the land use
term;
c/ Being suitable with the
popular market price of transferred land with the same land use purpose, or
winning price in auctions of land use rights in case of organizing auctions of
land use rights, or the income earned from land use;
d/ At a time, the
adjacent land parcels with the same land use purpose, profitability and income
earned from land use have the same price.
2. The Government shall
prescribe land valuation methods.
Article
113. Land price frames
The Government shall
promulgate land price frames once every 5 years for each type of land and for
each region. During the implementation of land price frames, if the popular
price in the market increases 20% or more over the maximum price or reduces 20%
or more below the minimum price prescribed in land price frames, the Government
shall adjust land price frames accordingly.
Article
114. Land price tables and specific land prices
1. Based on the
principles, methods of land valuation and land price frames, provincial-level
People’s Committees shall develop and submit the land price tables to the
People’s Councils of the same level for review before promulgation. Land price
tables shall be developed once every 5 years and publicized on January 1 of the
beginning year of the period.
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At least 60 days before
submitting the land price tables to the People’s Council of the same level for
review, the provincial-level People’s Committee shall send the draft land price
tables to agencies in charge of developing land price frames for consideration.
In case of big difference in land prices at bordering locations among provinces
and centrally run cities, this difference must be reported to the Prime
Minister for decision.
2. Land price tables
shall be used as a basis for the following cases:
a/ Calculation of land
use levy when the State recognizes land use rights of households and
individuals for land areas within land use quotas, or permits change of land
use purpose from agricultural land or non-agricultural land which is
non-residential land to residential land for land areas within land allocation
quotas applied to households and individuals;
b/ Calculation of land
use tax;
c/ Calculation of charges
and fees in land management and use;
d/ Calculation of fines
for administrative violations in the field of land;
e/ Calculation of
indemnification paid to the State for damage caused in land management and use;
f/ Valuation of land use
rights paid to the people who voluntarily return land to the State in case the
returned land is allocated with land use levy, recognized of land use rights
with land use levy, or leased land with full one-off rental payment for the
entire lease period by the State.
3. Provincial-level
People’s Committees shall decide on specific land prices. The provincial- level
land administration agency shall assist the provincial-level People’s Committee
in the determination of specific land prices. During the implementation, the
provincial-level land administration agency may hire organizations having
consultancy functions for advising on the determination of specific land
prices.
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The council for land
price appraisal comprises the chairperson of the provincial-level People’s
Committee as the chairperson, and representatives of related agencies and
organizations and the organization with the function of consultancy on land
price determination.
4. Specific land price
shall be used as a basis for the following cases:
a/ Calculation of land
use levy when the State recognizes land use rights of households and
individuals for land areas in excess of land use quotas, or permits change of
land use purpose from agricultural land or non-agricultural land which is
non-residential land to residential land for land areas in excess of land
allocation quotas applied to households and individuals; and determination of
land rental for agricultural land areas in excess of land allocation quotas or
quotas for receipt of transferred agricultural land use rights of households
and individuals;
b/ Calculation of land
use levy when the State allocates land with land use levy not through auction
of land use rights, recognizes land use rights, or permits change of land use
purpose for organizations that shall pay land use levy;
c/ Calculation of land
rental when the State leases land not through auction of land use rights;
d/ Valuation of land use
rights upon equitization of state enterprises that are allocated land with land
use levy, leased land with one-off rental payment; and calculation of land
rental in case equitized state enterprises are leased land by the State with
annual rental payment;
e/ Calculation of
compensation amount upon land recovery by the State.
5. The Government shall
detail this Article.
Article
115. Consultancy on land price determination
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a/ Development or
adjustment of land price frames; development or adjustment of land price tables
and determination of specific land prices at the request of competent state
agencies;
b/ Settlement of
complaints about land price at the request of competent state agencies or
related parties;
c/ Performance of civil
transactions related to specific land prices at the request by parties.
2. Conditions for
activities and practice of land price determination consultancy comply with the
Government’s regulations.
3. The land price
determination by consultants must be independent, impartial and honest and must
comply with land valuation principles and methods prescribed in Article 112 of
this Law.
4. Land prices determined
by consultants serve as one of the bases for competent state agencies to prescribe
or decide on land prices.
Article
116. Rights and obligations of organizations with the function of consultancy
on land price determination
1. An organization with
the function of consultancy on land price determination has the following
rights:
a/ To provide consultancy
on land price determination in accordance with this Law, the Law on Price and
other relevant laws;
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c/ To unilaterally
terminate or cancel the contract on consultancy on land price determination
when the consultancy hirer violates conditions agreed by both parties in the
contract or as prescribed by law;
d/ Other rights as
prescribed by law.
2. An organization with
the function of consultancy on land price determination has the following
obligations:
a/ To take responsibility
before law for the accuracy, honesty and impartiality of the results of consultancy
on land valuation determination;
b/ To implement the
agreements with consultancy hirers stated in the contract on consultancy on
land price determination;
c/ To submit to the
inspection and examination by competent state agencies; and to report on the
organization and results of consultancy on land price determination to
competent state agencies annually or in unexpected cases;
d/ To fulfill the tax
obligations and other financial obligations in accordance with law;
e/ To register the list
of member valuators and the change or adjustment of this list to competent
state agencies of the locality where the organization is headquartered;
f/ To archive documents
and records on results of consultancy on land price determination;
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Section
3. AUCTIONS OF LAND USE RIGHTS
Article
117. Principles of auctions of land use rights
1. Auctions of land use
rights shall be conducted on the principles of publicity, continuity,
impartiality, honesty, equality and protection of lawful rights and interests
of involved parties.
2. Auctions of land use
rights shall be conducted in accordance with the order and procedures
prescribed in the land law and law on asset auctions.
Article
118. Cases subject to auction of land use rights and cases not subject to
auction of land use rights
1. The State shall
allocate land with land use levy or lease land through auction of land use
rights in the following cases, except the cases prescribed in Clause 2 of this
Article:
a/ Investment in construction
of houses for sale or for lease or for lease-purchase;
b/ Investment in
construction of infrastructure for transfer or for lease;
c/ Use of land fund to
create capital for infrastructure construction;
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e/ Lease of land which is
part of agricultural land fund for public purposes for agriculture, forestry,
aquaculture or salt production;
f/ Allocation or lease of
land recovered by the State through rearrangement and handling of working
offices, non-business establishments, or production or business establishments
of which the land-attached assets are owned by the State;
g/ Allocation of urban
and rural residential land to households or individuals;
h/ Allocation or lease of
land in the cases eligible to land use levy or land rental reduction.
2. Cases not subject to
auction of land use rights upon land allocation and land lease by the State:
a/ Land allocation
without land use levy;
b/ Use of land for which
land use levy or land rental is exempted as prescribed in Article 110 of this
Law;
c/ Use of land as
prescribed at Points b and g, Clause 1, and in Clause 2, Article 56 of this
Law;
d/ Use of land for mining
activities;
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f/ Land allocation to
cadres, civil servants and public employees who change offices under transfer
decisions of competent agencies;
g/ Allocation of
residential land to households or individuals that have permanent residence
status books in a commune but have no residential land and have not been
allocated residential land by the State;
h/ Allocation of residential and to households of
individuate that have permanent residence status books in a township in an area
with difficult socio-economic conditions or with especially difficult
socio-economic conditions but have no residential land and have not been
allocated residential land by the State;
i/ Other cases as decided
by the Prime Minister.
3. In case the land has
been put up for auction of land use rights as prescribed in Clause 1 of this
Article but nobody participates in the auction or only one person registers or
the auction fails after at least 2 times, the State may allocate or lease land
without organizing auctions of land use rights.
Article
119. Holding of auctions of land use rights
1. Conditions for holding
an auction of land use rights upon land allocation or land lease by the State:
a/ The annual district-level
land use plan approved by a competent state agency is available;
b/ The land has been
cleared or is land with attached assets owned by the State;
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2. Organizations and
individuals participating in an auction of land use rights must satisfy the
following conditions:
a/ Being eligible to be
allocated or leased land as prescribed in Article 55 or 56 of this Law;
b/ Meeting the conditions
for the implementation of investment projects under Article 58 of this Law in
case of land allocation or land lease for implementation of investment
projects.
Chapter
IX
LAND
INFORMATION SYSTEM AND LAND DATABASE
Article
120. Land information system
1. The land information
system shall be designed comprehensively and developed as a uniform system
nationwide to serve multiple purposes in accordance with national standards and
regulations as well as international ones recognized in Vietnam.
2. The land information
system includes the following basic parts:
a/ Technical
infrastructure for land information technology;
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Article
121. The national land database
1. The national land
database shall be uniformly developed nationwide.
2. The national land
database has the following components: a/ Database on legal documents on land;
b/ Cadastral database;
c/ Database of base
investigations on land;
d/ Database of land use
master plans and plans;
e/ Database of land
prices;
f/ Database of land
statistics and land inventories;
g/ Database on
inspection, examination, settlement of disputes, complaints and denunciations
on land;
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3. The contents,
structure and information types of the land database shall be prescribed by the
Minister of Natural Resources and Environment.
Article
122. Management and use of land databases
1. Information in land
databases provided by competent state agencies bears the same legal validity as
information in paper documents.
2. Land databases are a
national property which needs to be strictly protected in terms of security and
safety. All activities of illegal access, destruction or causing deviations in information
of land databases are prohibited.
3. Organizations and
individuals that have demands for land information and land data may use or
exploit them through central and local land information portals with payment of
fee. The use and exploitation of land information and data must be in
accordance with law.
Article
123. Online public services in the field of land
1. Online public services
to be provided include registration of land and land-attached assets,
performance of transactions on land and land-attached assets, and provision of
land information and data.
2. Land administration
agencies shall provide public services as prescribed in Clause 1 of this
Article and provide services in a convenient, simple and safe manner to
organizations and individuals in the internet environment.
Article
124. Responsibilities for developing the land information system
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2. The Ministry of
Natural Resources and Environment shall organize the development, management
and use of the land information system and the national land database; and
provide online public services in the field of land in accordance with the
Government’s regulations.
3. Ministries, sectors
and related agencies shall provide results of base investigations on land and
other land-related information and data to the Ministry of Natural Resources
and Environment to update the national land database and the land information
system.
4. Provincial-level
People’s Committees shall organize the development, management and exploitation
of the land information system and the land databases in their localities and
provide land data to the Ministry of Natural Resources and Environment to
integrate into the national land database.
5. The Minister of
Natural Resources and Environment shall issue detailed regulations on the
development, management and exploitation of the land information system and on
conditions for organizations and individuals practicing consultancy on land
database and land information system development.
Chapter
X
LAND USE
REGIME
Section
1. LAND USE TERM
Article
125. Land used for long and stable term
Land users may use land
for a long and stable term in the following cases:
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2. Agricultural land used
by communities as prescribed in Clause 3, Article 131 of this Law.
3. Land for protection
forest, for special-use forest and for production forest which are natural
forests.
4. Land for trading or
services, for non-agricultural production establishments of households and
individuals that are using the land stably and that land is not allocated for
limited term or leased by the State.
5. Land for construction
of offices as prescribed at Point 1, Article 147 of this Law and land for
construction of public service facilities of public non-business organization
which are not self-financed as prescribed at Point 2, Article 147 of this Law.
6. Land used for national
defense or security purpose.
7. Land used by religious
institutions as prescribed in Article 159 of this Law.
8. Land for religious
practices.
9. Land for transportation
and irrigation, land with historical-cultural relics and scenic spots and land
used for the construction of other public facilities for non-commercial
purposes.
10. Land for cemeteries
or graveyards.
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Article
126. Land used for limited term
1. The
term for land allocation, recognition of agricultural land use rights for
households and individuals directly engaged in agricultural production as
prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5,
Article 129 of this Law is 50 years. When the term expires, households or
individuals directly engaged in agricultural production that have demand may
continue using land in accordance with the land use term prescribed in this
Clause.
2. The
term for lease of agricultural land to households or individuals must not
exceed 50 years. At the expiry of the term, households or individuals that have
demand shall be considered by the State for continued leasing of the land.
3. The
term for land allocation or land lease to organizations for the purpose of
agriculture, forestry, aquaculture or salt production; to organizations,
households or individuals for the purpose of trading and services or for
non-agricultural production establishments; to organizations for implementing
investment projects; to overseas Vietnamese and foreign-invested enterprises
for implementing investment projects in Vietnam, shall be considered and decided
on the basis of the investment projects or applications for land allocation or
land lease, but must not exceed 50 years.
For large
investment projects with slow recovery of capital, projects in areas with
difficult socio-economic conditions or with especially difficult socio-economic
conditions which require a longer term, the term of land allocation or land
lease must not exceed 70 years.
For
projects on construction of houses for sale or for a combination of sale and
rent or for lease- purchase, the land use term shall be determined in
accordance with the duration of the project. Those who buy houses associated
with land use rights may use land for a long and stable term.
At the
expiry of the term, if the land users still have land use needs, the State shall
consider an extension which must not exceed the term prescribed in this Clause.
4. The
land lease term for the purpose of office construction of foreign organizations
with diplomatic functions must not exceed 99 years. At the expiry of the term,
if these organizations are still in need of the land, the State shall consider
extending the land lease term or leasing another land parcel. Each extension
period must not exceed the term prescribed in this Clause.
5. The
lease term for land which is part of agricultural land fund for public purposes
of communes, wards or townships must not exceed 5 years;
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At the
expiry of the term, if the land users still have land use needs, the State shall
consider an extension but the extension must not exceed the term prescribed in
this Clause.
7. For a
land parcel with multiple use purposes, the land use term shall be determined
in accordance with the land use term of the land type used for the main
purpose.
8. The
term for land allocation and land lease prescribed in this Article shall be
calculated from the date of the decision on land allocation or land lease issue
by a competent state agency.
Article
127. Land use term upon change of land use purpose
1. The
land use term for households and individuals upon change of land use purpose is
prescribed as follows:
a) In
case the land use purpose is changed from land for protective forest or
special-use forest to land for other purposes, the term shall be determined on
the basis of the land type of the new purpose. The land use term shall be
calculated from the time of the decision on approval;
b) In
case the land use purpose is changed from land for rice cultivation, other
annual crops, perennial crops, production forest, aquaculture or salt
production to land for protective forest or special-use forest, households or
individuals may use the land for a stable and long term;
c) In
case the land use purpose is changed among land categories including land for
other annual crops, perennial crops, production forests, aquaculture or salt
production, households and individuals may continue using such land for the
determined land use term.
At the
expiry of the term, if the land users still have land use needs, the State
shall consider an extension which must not exceed the term prescribed in Clause
1, Article 126 of this Law;
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e) In
case the land use purpose is changed from non-agricultural land with long and
stable land use term to non-agricultural land with limited land use term or
from non-agricultural land with limited land use term to non-agricultural land
with long and stable land use term, households and individuals may use the land
for a long and stable term.
2. For
organizations, overseas Vietnamese or foreign-invested enterprises implementing
investment projects outside industrial parks, industrial clusters, export
processing zones or hi- tech zones, when the land use purpose is changed, the
land use term shall be determined on the basis of the investment project as
prescribed in Clause 3, Article 126 of this Law.
3.
Economic organizations that change the land use purpose from non-agricultural
land with long and stable land use term to non-agricultural land with limited
land use term or from non- agricultural land with limited land use term to
non-agricultural land with long and stable land use term, may use the land for
a long and stable term.
Article
128. Land use term in case of transfer of land use rights
1. The land use term in
case of transfer of land use rights for the land with definite land use term is
the remaining period of the land use term defined prior to the transfer of land
use rights.
2. People who acquire land
use rights for the land with a long and stable land use term may use the land
for a long and stable term.
Section
2. AGRICULTURAL LAND
Article
129. Allocation quotas for agricultural land
1. The allocation quotas
for land for annual crops, aquaculture and salt production for each household
or individual directly engaged in agricultural production are prescribed as
follows:
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b/ Not exceeding 2
hectares for each type of land in other provinces and centrally run cities.
2. The allocation quotas
for land for perennial crops for each household or individual in a delta
commune, ward or township must not exceed 10 hectares and must not exceed 30
hectares for each household or individual in a midland or mountainous commune,
ward or township.
3. The land allocation
quota for each household or individual does not exceed 30 hectares for each of
the following land categories:
a/ Land for protection
forest;
b/ Land for production
forest.
4. In case a household or
individual is allocated with land of different categories including land for
cultivation of annual crops, land for aquaculture and land for salt production,
the total quota for all categories must not exceed 5 hectares.
If the household or
individual is additionally allocated with land for perennial crops, the land
allocation quota for perennial crops must not exceed 5 hectares in a delta
commune, ward or township and must not exceed 25 hectares in a midland and
mountainous commune, ward or township.
If the household or
individual is additionally allocated with land for production forest, the land
allocation quota for production forest must not exceed 25 hectares.
5. The allocation quota
for empty land, land for bare hill or land with water surface under the type of
unused land to households or individuals for the purpose of agriculture,
aquaculture or salt production in accordance with land use master plan must not
exceed the quotas prescribed in Clauses 1, 2, and 3 of this Article, and such
quotas shall not be included in the allocation quotas of agricultural land to
households or individuals as prescribed in Clauses 1, 2, and 3 of this Article.
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6. The allocation quotas
of agricultural land for annual crops, perennial crops, afforestation,
aquaculture or salt production in the buffer zone of a special-use forest for
each household or individual must comply with Clauses 1, 2, 3, 4 and 5 of this
Article.
7. Households and
individuals may continue using the land area which is located in a commune,
ward or township other than where they have permanent residence status books.
If that land is allocated without land use levy, its area shall be included in
the allocation quota for agricultural land of the households or individuals
The land administration
agency that allocates agricultural land without land use levy to households or
individuals shall send a notice to the commune-level People’s Committee of the
locality where the households or individuals have permanent residence status
books for its calculation of allocation quotas of agricultural land.
8. The area of
agricultural land of households or individuals, which is acquired through the
transfer, lease, sublease, inheritance or donation of land use rights, the
receipt of land use rights contributed as capital or is contracted from other
subjects or leased from the State, is not included in the allocation quota of
agricultural land as prescribed in this Article.
Article
130. Quota for acquisition of agricultural land use rights by households and
individuals
1. The quota for
acquisition of land use rights by households or individuals must not exceed 10
times of the allocation quota for agricultural land for households or
individuals applicable to each type of land prescribed in Clauses 1, 2 and 3,
Article 129 of this Law.
2. The Government shall
prescribe quotas for acquisition of land use rights of households and
individuals in accordance with specific conditions of each locality and in each
period.
Article
131. Agricultural land used by households, individuals or communities
1. Agricultural land used
by households or individuals includes agricultural land allocated or leased by
the State and agricultural land of which land use rights are recognized by the
State or leased from other organizations, households or individuals or obtained
through exchange, transfer, inheritance or donation in accordance with law.
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a/ Households and
individuals that are allocated land by the State prior to the effective date of
this Law may continue using such land in accordance with this Law;
b/ In a locality where
land has not been allocated to households or individuals in accordance with the
land law, the commune-level People’s Committee shall make a plan for land
allocation and request the district-level People’s Committee to decide on land
allocation;
c/ In a locality where
the People’s Committees of different levels have provided guidelines for
households and individuals to negotiate and adjust land areas for one another
during the implementation of land policies and law before October 15, 1993, and
such land area has been used stably, the current land users may continue using
their land.
3. The use of
agricultural land by communities is prescribed as follows:
a/ Communities are allocated
land or recognized land use rights by the State to preserve national identities
associated with the traditions and customs of the people;
b/ Communities which are
allocated land or recognized land use rights by the State shall protect the
allocated land and may use land for combined purposes of agriculture and
aquaculture, but may not use such land for other purposes.
Article
132. Agricultural land used for public purposes
1. Depending on the land
fund, characteristics and demands of the locality, each commune, ward or
township may establish an agricultural land fund for public purposes of the
locality which does not exceed 5% of the total land area for annual crops,
perennial crops and aquaculture production.
Agricultural land which is
returned or to which land use rights are donated to the State by organizations,
households or individuals, reclaimed land and recovered agricultural land
constitute the source for creation or supplementation of the agricultural land
fund used for public purposes of the commune, ward or township.
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2. The agricultural land
fund for public purposes of a commune, ward or township shall be used for the
following purposes:
a/ Construction of public
facilities of the locality, including facilities for culture, physical training
and sports, entertainment, recreation, health, education, markets, cemeteries,
graveyards and other public facilities in accordance with regulations of the
provincial-level People’s Committee;
b/ Compensation for
people whose land is used for construction of public facilities as prescribed
at Point a of this Clause;
c/ Construction of gratitude
houses and charity houses.
3. The commune-level
People’s Committee shall lease the land area which has not been used for the
purposes specified in Clause 2 of this Article to households and individuals in
the locality for the purposes of agriculture and aquaculture, through auctions
of land lease. The land use term for each lease period must not exceed 5 years.
Rentals gained from the
lease of land that is part of the agricultural land fund for public purposes
must be paid to the state budget under management of the commune-level People’s
Committee and may only be used for public needs of the commune, ward or
township in accordance with law.
4. The agricultural land
fond for public purposes of a commune, ward or township must be managed and
used by the commune-level People’s Committee of the locality in accordance with
the land use master plan and plans approved by competent state agencies.
Article
133. Agricultural land used by organizations, overseas Vietnamese and foreign-
invested enterprises
1. Economic
organizations, overseas Vietnamese or foreign-invested enterprises that have
demand for land for agriculture, forestry, aquaculture or salt production,
shall be considered by the State to lease land for implementation of investment
projects.
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Provincial-level People’s
Committees shall direct the review and approval of plans for land use; allocate
or lease land in accordance with the approved plans for land use; and recover
the land that is unused, or used for a improper purpose, or contracted, leased,
lent illegally, or encroached or occupied in order to create the land fund for
allocation and lease to organizations, households and individuals. During the
process of land allocation or land lease, ethnic minority households and
individuals in the locality that have no land or lacking production land, shall
be prioritized.
3. Land that is allocated
by the State without land use levy to economic organizations for agriculture,
forestry, aquaculture or salt production before the effective date of this Law,
must be changed to leased land.
Article
134. Land for rice cultivation
1. The State shall
develop policies to protect land for rice cultivation and to limit the change
from the purpose of rice cultivation to other non-agricultural purposes. In
case it is necessary to change a certain area for rice cultivation to another
purpose, the State shall take measures to supplement such land area or improve
the efficiency in using land for rice cultivation.
The State shall adopt
policies to support and invest in the construction of infrastructure and
application of modern science and technologies into the areas planned for
high-productivity and high-quality rice cultivation.
2. Those who use land for
rice cultivation shall improve and increase the fertility of the soil. They may
not use that land for planting perennial trees, afforestation, aquaculture and
salt production or for non-agricultural purposes without permission by
competent state agencies.
3. People who are
allocated or leased land by the State for non-agricultural purposes and that
land is currently used for wet rice cultivation, shall pay a certain amount of
money under the Government’s regulations for the State to supplement the lost
area of wet rice cultivation land or improve efficiency in using land for rice
cultivation.
Article
135. Land with production forest
1. The State shall
allocate land with production forest which is natural forest to the forest
management organizations for management, protection and development.
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a/ Allocation of land to
households and individuals directly engaged in agricultural production within
the quotas prescribed at Point b, Clause 3, Article 129 of this Law for the
purpose of forestry production. The area of production forest used by
households and individuals which exceeds the quotas must change to leased land;
b/ Lease of land to
economic organizations, households, individuals, overseas Vietnamese or
foreign-invested enterprises to implement afforestation projects;
c/. Economic
organizations, households, individuals, overseas Vietnamese or foreign-invested
enterprises which are allocated or leased land with production forest by the
State as prescribed at Points a and b of this Clause may use the land not covered
with forest for planting forest or perennial trees.
3. Economic
organizations, overseas Vietnamese or foreign-invested enterprises using land
with production forest may concurrently provide landscape and eco-environmental
tourist services using the space under the forest canopy.
4. Concentrated land area
with production forest which is far from residential areas and can not be
allocated directly to households or individuals, shall be allocated by the
State to organizations for protection and development of the forest combined
with agricultural production, forestry or aquaculture.
Article
136. Land with protection forest
1. The State shall
allocate land with protection forest to the protection forest management
organization for management, protection, zoning off for regeneration and
afforestation in accordance with land use master plans and plans already
approved, by competent state agencies. These organizations may use land for
other combined purposes in accordance with the law on forest protection and
development.
2. The protection forest
management organization shall allocate land with protection forest under
contracts to households or individuals that are living in the protection forest
area for protection and development of the forest. District-level People’s
Committees shall allocate residential land and land for agricultural production
to such households or individuals.
3. Organizations,
households or individuals that have demand and ability to protect and develop
the forest and are living in the protection forest area for which no management
organization has been established or in the area that is planned for protection
forest, shall be allocated the land with protection forest for protection and
development, and may use the land for other combined purposes in accordance
with the law on forest protection and development.
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5. Communities that are
allocated by the State protection forests in accordance with the Law on Forest
Protection and Development, are entitled to be allocated land with protection
forest for protection and development. The communities have the rights and
obligations prescribed in the Law on Forest Protection and Development.
Article
137. Land with special-use forest
1. The State shall
allocate land with special-use forest to the special-use forest management
organization for management and protection in accordance with land use master
plans and plans already approved by competent state agencies. These
organizations may use the land for other combined purposes in accordance with
the law on forest protection and development.
2. The special-use forest
management authority shall allocate under short-term contracts land with
special-use forest in strictly protected forest areas to households or
individuals that can not move out of the area to protect the forests.
3. The special-use forest
management organization shall allocate under contracts land with special-use
forest in eco-rehabilitation areas to households or individuals residing stably
in the area to protect and develop the forests.
4. Competent People’s
Committees shall decide to allocate and lease land in the buffer zones of
special-use forests to organizations, households and individuals for the
purpose of production, research or experiment on forestry or in combination with
national defense or security tasks in accordance with the master plan for
forest development of the buffer zone. These subjects may use the land for
other combined purposes in accordance with the law on forest protection and
development.
5. Provincial-level
People Committees shall decide to lease land with special-use forest in the
area that is allowed to provide landscape and eco-environmental tourist
services under the forest canopy to economic organizations.
Article
138. Land for salt production
1. Land for salt
production shall be allocated to households or individuals within the local
land allocation quota for salt production. The land area which exceeds the
allocation quota must be changed to leased land.
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2. Land areas where salt
can be produced at high productivity and with high quality shall be protected
and primarily reserved for salt production.
3. The State shall
encourage the use of land areas with potential for salt production for
industrial and daily needs.
Article
139. Inland land with water surface
1. Ponds, lakes and
marshes shall be allocated by the State within land allocation quotas to
households or individuals for aquaculture and agricultural production.
Ponds, lakes and marshes
shall be leased by the State to economic organizations, households,
individuals, overseas Vietnamese or foreign-invested enterprises to implement
investment projects on aquaculture production, agricultural production or
agricultural production in combination with non-agricultural purposes.
2. In case a pond, lake
or marsh is located in several communes, wards and townships, its use shall be
decided by the district-level People’s Committee. In case a pond, lake or marsh
is located in several districts, towns and provincial cities, its use shall be
decided by the provincial-level People’s Committee. In case a pond, lake or
marsh is located in several provinces and centrally run cities, its use shall
be determined by the Government.
Article
140. Coastal land with water surface
1. Coastal land with
water surface shall be leased by the State to economic organizations, households,
individual, overseas Vietnamese or foreign-invested enterprises for
aquaculture, agricultural, forestry, salt production or non-agricultural
purposes.
2. The use of coastal
land with water surface is prescribed as follows:
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b/ Protection of land and
increase of the sedimentation process in coastal land;
c/ Protection of the
ecosystem, environment and landscape;
d/ Not hampering the protection
of national security and maritime navigation.
Article
141. Riparian and coastal alluvial land
1. Riparian and coastal
alluvial land includes riparian alluvial land, river islets, coastal alluvial
land and sea islands.
2. Riparian and coastal
alluvial land shall be managed by the People’s Committee of the commune, ward
or township where such land is located.
Riparian and coastal
alluvial land frequently expanded or eroded shall be managed and protected by
district-level People’s Committees.
3. Riparian and coastal
alluvium land shall be leased by the State to economic organizations,
households, individuals, overseas Vietnamese or foreign-invested enterprises to
implement investment projects on agricultural or non-agricultural production
and business.
4. Households or
individuals that are allocated riparian and coastal alluvial land by the State
for agricultural purpose prior to the effective date of this Law may continue
using such land for the remaining land use term. At the expiry of this term, if
they still have demand to use the land in accordance with land use master plans
and plans approved by competent agencies and do not violate the land law, the
State shall consider leasing the land to them.
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6. The Government shall
detail this Article.
Article
142. Land used for farm economy
1. The State shall
encourage farm economy of households or individuals in order to use land
efficiently for the development of production, expansion of the scale and
enhancement of the efficiency of land use in agriculture, forestry, aquaculture
or salt production, in association with services, processing and sale of
agricultural products.
2. Land used for farm
economy includes the land allocated by the State without land use levy within
land allocation quotas applicable to households and individuals that are
directly engaged in agriculture, forestry, aquaculture or salt production as prescribed
in Article 129 of this Law, the land leased from the State, the land obtained
via lease, transfer, inheritance and donation, the land contracted from
organizations, and the land contributed by households or individuals.
3. Households or
individuals that are using land for farm economy may change the land use
purposes in accordance with law.
4. Households or
individuals using land for farm economy in accordance with approved land use
master plans and plans without any disputes, may continue using the land in
accordance with the following provisions:
a/ If the land is
allocated without land use levy and within the allocation quotas applicable to
households or individuals directly engaged in agriculture, forestry,
aquaculture or salt production as prescribed in Clause 1, Article 54 of this
Law, households or individuals may continue using the land under Clause 1,
Article 126 of this Law;
b/ If the land is
allocated without land use levy to households or individuals not directly
engaged in agriculture, forestry, aquaculture or salt production, at the expiry
of the land use term, households or individuals shall change to lease land;
c/ If the land is leased
from the State or transferred, inherited, donated or contracted from
organizations or contributed by households or individuals, households or
individuals may continue using the land in accordance with this Law.
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Section
3. NON-AGRICULTURAL LAND
1. Residential land used
by households or individuals in rural areas includes land for construction of
houses and facilities for livelihood, gardens and ponds within one land parcel
in a rural residential area which is established in accordance with the land
use master plan and the master plan for development of rural residential areas
already approved by competent state agencies.
2. Based on the local
land fund and the rural development master plans approved by competent state
agencies, provincial-level People’s Committees shall determine the land
allocation quota to each household or individual for housing construction in
rural areas and the minimum area for the division of a residential land parcel
in accordance with local conditions and customs.
3. The allocation of
residential land in rural areas indicated in the land use master plans and
plans must be in synchrony with the master plan for public facilities and
public non-business facilities, ensuring convenience for production, people’s
life, environmental sanitation and rural modernization.
4. The State shall adopt
policies to create conditions for rural residents to have accommodation by
making full use of the land in existing residential areas and to restrict the
expansion of residential areas on agricultural land.
Article
144. Urban residential land
1. Urban residential land
includes land for construction of houses and facilities for livelihood, gardens
and ponds within one land parcel in an urban residential area which is
established in accordance with the land use master plan and urban construction
master plan already approved by competent state agencies.
2. Urban residential land
shall be allocated in synchrony with land for construction of public facilities
and non-business facilities, ensuring environmental sanitation and modern urban
landscape.
3. The State shall
develop land use master plans for the purpose of urban housing construction and
adopt policies to create conditions for urban residents to have accommodation.
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5. The change of land use
purpose from residential land to land for construction of production and business
establishments must conform to land use master plans and plans and the urban
construction master plan already approved by competent state agencies and with
regulations on public order, safety and urban environmental protection.
Article
145. Land for construction of condominiums
1. Land for construction
of condominiums includes land for the construction of condominiums, facilities
directly serving the life of families living in the condominiums and facilities
for public use in accordance with the construction master plan approved by
competent state agencies.
2. The land master plan
for construction of condominiums must be in harmony with the master plans on
public facilities and environmental protection.
3. The Government shall
detail the use of land for construction of condominiums.
Article
146. Land used for improvement and development of urban areas and rural
residential areas
1. Land for urban
improvement and development includes land for improvement of the existing inner
urban areas and land planned for expanding existing urban areas or developing
new urban areas.
Land for improvement and
development of rural residential areas includes land for improvement of
existing residential areas, land which is part of the agricultural land fund for
public purposes, and land planned for expanding existing residential areas.
2. The use of land for
improvement and development of urban areas and rural residential areas must
conform to the land use master plans and plans, urban construction master plan
and master plan for development of rural residential areas which have been
approved by competent state agencies, and with construction standards and
regulations issued by competent state agencies
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When implementing
projects on technical infrastructure, development or improvement of urban or
rural residential areas, the State shall proactively recover the land which
includes land for construction of infrastructure and the nearby area in
accordance with land use master plans and plans.
4. In case the
communities develop or improve their facilities for public purposes based on
the contributions of people or the support by the State, the voluntary
contribution of land use rights, compensation or support shall be agreed upon
by the communities and the land users.
Article
147. Land for construction of offices and non-business facilities
1. Land for construction
of offices includes land for construction of offices of state agencies,
political organizations and socio-political organizations.
2. Land for construction
of non-business facilities includes land for construction of non-business
facilities in the sectors and fields of economy, culture, society, health, education
and training, physical training and sports, science and technology,
environment, and foreign affairs and other non-business facilities.
3. The use of land
prescribed in Clauses 1 and 2 of this Article must conform to the land use
master plans and plans, the urban construction master plan and the master plan
for development of rural residential areas approved by competent state
agencies.
4. The heads of agencies
or organizations to which land is allocated or leased shall preserve the
allocated or leased land and ensure proper land use purposes.
It is forbidden to use
the land for construction of offices and non-business facilities for other
purposes.
5. The State shall
encourage the use of land for the purpose of development of culture, health,
education and training, physical training and sports, science and technology,
and environment.
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1. Land used for national
defense or security purpose includes land used in the cases prescribed in
Article 61 of this Law.
2. Provincial-level
People’s Committees shall perform the state management of land used for
national defense or security purpose in their localities.
The Ministry of National
Defense and the Ministry of Public Security shall coordinate with
provincial-level People’s Committees in formulating land use master plans and
plans for national defense or security purpose to meet the requirements of
socio-economic development and strengthening of national defense and security;
review and define the boundaries of land used for national defense or security
purpose; and define the areas and locations of land for national defense or
security purpose which are no more needed or are improperly used, for handover
to the localities for management and use.
3. For land areas that
are planned for national defense or security purpose but are still not used for
these purposes, the current users may continue using the land until the
decision by a competent state agency to recover the land is issued, but must
not cause deformation to the natural terrain.
4. The Government shall
detail this Article.
Article
149. Land for industrial parks, export processing zones, industrial clusters
and trade villages
1. The use of land for
construction of industrial parks, export processing zones, industrial clusters
or trade villages must conform to land use master plans and plans and detailed
construction master plans approved by competent state agencies.
During the planning and
establishment of industrial parks or export processing zones, the planning and
construction of housing areas and public facilities outside the industrial
parks or export processing zones to serve the life of workers in industrial
parks or export processing zones must be carried out simultaneously.
2. The State shall lease
the land to economic organizations, overseas Vietnamese or foreign- invested
enterprises to invest in construction and commercial operation of
infrastructure of industrial parks, industrial clusters and export processing
zones. For the land area that is leased with annual rental payment, the lessee
may sublease that land with annual rental payment. For the land area that is
leased with full one-off rental payment for the entire lease period, the lessee
may sublease that land with full one-off rental payment for the entire lease
period or annual rental payment.
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3. Economic
organizations, households, individuals, overseas Vietnamese and foreign-
invested enterprises that invest in production and business in industrial
parks, industrial clusters or export processing zones are entitled to sublease land
together with infrastructure from other economic organizations, overseas
Vietnamese or foreign-invested enterprises that have invested in the
construction and commercial operation of infrastructure, and have the following
rights and obligations:
a/ In case of subleasing
land with full one-off rental payment for the entire lease period, they have
the rights and obligations prescribed in Article 174 of this Law;
b/ In case of subleasing
land with annual rental payment, they have the rights and obligations
prescribed in Article 175 of this Law.
4. Land users in
industrial parks, industrial clusters or export processing zones shall use land
for the determined land use purposes, be granted a certificate of land use
rights and ownership of houses and other land-attached assets, and have the
rights and obligations prescribed in this Law.
5. Economic
organizations, households, individuals or overseas Vietnamese that invest in
production and business in industrial parks, industrial clusters or export
processing zones and have been allocated land by the State or acquired land use
rights together with infrastructure from other economic organizations or
overseas Vietnamese that have invested in the construction and commercial
operation of infrastructure of industrial parks, industrial clusters or export
processing zones prior to the effective date of this Law, may continue using
the land for the remaining project duration without having to change to lease
land. At the expiry of the project duration, if these subjects still have
demand, the State shall consider leasing land to them in accordance with this
Law.
6. The Government shall
detail this Article.
Article
150. Land for hi-tech zones
1. Land for hi-tech zones
that are established under decisions of the Prime Minister includes land of
different categories with different land use regimes used for the production
and trading of hi-tech products, research, development and application of high
technology and training of hi-tech human resources.
During the planning and
establishment of hi-tech zones, the planning and construction of housing areas
and public facilities outside the hi-tech zones to serve the life of experts
and workers in hi-tech zones must be carried out simultaneously.
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3. The management board
of a hi-tech zone shall make a detailed construction plan of the hi-tech zone
and submit it to the provincial-level People’s Committee of the locality where
the land is located for approval.
The provincial-level
People’s Committee shall allocate land to the management board of the hi-tech
zone to organize the construction and development of the hi-tech zone in
accordance with the approved master plan.
4. Land users that lease
land in a hi-tech zone from its management board have the same rights and
obligations as leasing land from the State in accordance with this Law.
5. The enterprise that
develops the hi-tech zone or develops the infrastructure is entitled to lease
land from the management board. Those who have demand to use land in the
hi-tech zone may sublease land from this enterprise.
6. Land users in a
hi-tech zone shall use land in accordance with land use purposes indicated in
the land lease contract, be granted a certificate of land use rights and
ownership of houses and other land-attached assets, and have the rights and
obligations prescribed in this Law.
In case of transfer of
land use rights in a hi-tech zone, the transferee shall continue using the land
for the determined land use purpose.
7. The State shall
encourage organizations, overseas Vietnamese and foreign-invested enterprises
to invest in the construction and commercial operation of infrastructure in
hi-tech zones, and encourage organizations, individuals, overseas Vietnamese
and foreign-invested enterprises to use land for the development of science and
technology.
8. The determination of
land rental rates and calculation of land rentals in hi-tech zones must comply
with this Law.
Article
151. Land for economic zones
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The construction or
opening of an economic zone must conform to the master plan on the economic
zone system in the whole country.
2. Provincial-level
People’s Committees shall allocate land to the management boards of economic
zones to organize the construction of the economic zones in accordance with the
approved land use plan which is included in the detailed construction master
plans of the economic zones.
3. The management board
of an economic zone shall carry out the compensation and ground clearance for
the recovered land which is allocated by a competent state agency before
re-allocating or leasing the land. The management board may re-allocate land
with or without land use levy or lease land to land users that need to use the
land in the functional areas of the economic zone under Articles 54, 55 and 56
of this Law.
The land use term for
production and business in an economic zone must not exceed 70 years.
4. Land users in an
economic zone are entitled to invest in the construction of and trading in
houses and infrastructure, and to conduct production, business and service
activities, and have the following rights and obligations:
a/ In case of being
re-allocated land in the economic zone by the management board, they have the
rights and obligations as allocated land by the State in accordance with this
Law;
b/ In case of leasing
land in the economic zone from the management board, they have the rights and
obligations as leasing land from the State in accordance with this Law.
5. The State shall
encourage investment in the construction and commercial operation of
infrastructure in economic zones and encourage the use of land for economic
development.
6. The land use regime
and rights and obligations of land users in an economic zone shall apply in
accordance with each type of land as prescribed in this Law.
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8. The Government shall
detail this Article.
Article
152. Land used for mining activities
1. Land used for mining
activities includes land used for mineral exploration, exploitation and
processing, land for auxiliary facilities for mining activities and safety
corridors in mining activities.
2. Land used for mineral
exploration and exploitation shall be leased by the State to organizations,
individuals, overseas Vietnamese or foreign-invested enterprises that are
permitted to carry out projects on mineral exploration and exploitation.
Land used as ground for
mineral processing falls under the type of non-agricultural land for production
and business purposes with the same land use regime as for the land for trading
and services or non-agricultural production establishments as prescribed in Article
153 of this Law.
3. The use of land for
mining activities must comply with the following provisions:
a/ Having a license for
mining activities and a decision on land lease for mineral exploration and
exploitation or a decision on lease of land as mineral processing ground,
granted by a competent state agency according to the Government’s regulations;
b/ Taking measures for
environmental protection, waste treatment and other measures to avoid causing
damage to other land users in the area or the surrounding areas;
c/ The use of land must
be in line with the progress of mineral exploration and exploitation. Land
users shall return the land in accordance with the progress of mineral
exploration and exploitation and with the status of surface soil as stipulated
in the land lease contract;
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Article
153. Land used for trading and services; land for non-agricultural production
establishments
1. Land used for trading
or services includes land used for construction of trading or service
establishments and other facilities serving trading or services.
Land used for
non-agricultural production establishments includes land used for construction
of non-agricultural production establishments that are located outside
industrial parks, industrial clusters or export processing zones.
2. The use of land for
trading, services and non-agricultural production establishments must be in
line with land use master plans and plans, urban construction master plan and
master plan for development of rural residential areas which have been approved
by competent state agencies, and with regulations on environmental protection.
3. Economic
organizations, households or individuals may use land for trading, services or
for non-agricultural production establishments, which is the land obtained
through leasing land from the State, acquiring land use rights, leasing or
subleasing land or receiving land use rights contributed as capital from other
economic organizations, households or individuals, or from overseas Vietnamese,
or subleasing land together with infrastructure from foreign-invested
enterprises.
Overseas Vietnamese may
use land for trading, services or non-agricultural production establishments,
which is the land obtained through leasing land from the State, or leasing or
subleasing land from other economic organizations, households or individuals,
or from other overseas Vietnamese, or subleasing land together with
infrastructure from foreign-invested enterprises. Overseas Vietnamese who are
defined Clause 1, Article 186 of this Law are also entitled to obtain land
through inheritance or donation of land use rights to use for construction of
trading, services or non-agricultural production establishments.
Foreign-invested
enterprises may use land for trading, services or non-agricultural production
establishments, which is the land obtained through leasing land from the State,
or leasing or subleasing land from economic organizations or overseas
Vietnamese, or subleasing land together with infrastructure from other
foreign-invested enterprises.
Article
154. Land used for production of construction materials and ceramic products
1. Land used for
production of construction materials and ceramic products includes land, land
with surface water for material exploitation and land used as ground for
processing and producing construction materials and ceramic products.
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2. Land or land with
surface water used for exploiting raw materials shall be leased by the State to
households or individuals that are permitted to exploit raw materials for the
production of construction materials and ceramic products; to economic
organizations, overseas Vietnamese or foreign-invested enterprises that are
licensed to implement investment projects on exploitation of raw materials for
production of construction materials and ceramic products.
Land used as ground for
production of construction materials and ceramic products falls under the type
of non-agricultural land for production and business purposes with the same
land use regimes as for trading, services or non-agricultural production
establishments as prescribed in Article 153 of this Law.
3. The use of land for
production of construction materials and ceramic products must comply with the
following provisions:
a/ Having a decision on land
lease for the purpose of exploitation of raw materials, processing and
production of construction materials and ceramic products issued by a competent
state agency;
b/ Taking necessary
measures to avoid causing damage to production activities, life and negative
effects to the environment, water flows or transportation;
c/ Land users shall
return the land in accordance with the progress of exploitation of raw
materials and with the status of surface soil as stipulated in the land lease
contract.
4. It is forbidden to use
land of the following types to exploit raw materials for manufacturing bricks,
tiles or ceramic products:
a/ Land with
historical-cultural relics or scenic landscapes which have been ranked or
placed under the protection of provincial-level People’s Committees;
b/ Land within the safety
corridor of construction facilities.
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Article
155. Land used for public purposes or for implementation of build-transfer (BT)
and build-operate-transfer (BOT) projects
1. The use of land for
public purposes must be in line with the land use master plans and plans, urban
construction master plan and master plan for development of rural residential
areas approved by competent state agencies.
2. For land used for
public purposes, a detailed construction master plan must be formulated which
clearly defines the functional areas used for public purposes involving
non-commercial purpose and functional areas used for public purposes involving
commercial purpose.
The land used for
functional areas for non-commercial purposes shall be allocated by the State
without land use levy under Article 54 of this Law. The land used for
functional areas for commercial purpose shall be leased by the State under
Article 56 of this Law.
3. The State shall
allocate land to investors for management to implement BT projects and allocate
or lease land to investors to implement BOT projects and other forms as
prescribed by the investment law.
4. The Government shall
detail this Article.
Article
156. Land used for civil airports and airfields
1. Land used for civil
aviation operations at airports or airfields includes:
a/ Land used for
construction of offices of state agencies which operate constantly at airports
or airfields;
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c/ Land used for
construction of facilities for aviation services at airports or airfields;
d/ Land used for
construction of facilities for non-aviation services.
2. Airport authorities
shall be allocated land by provincial-level People’s Committees in accordance
with land use master plans and plans and master plan for airports and airfields
which have been approved by competent state agencies. The certificate of land
use rights and ownership of houses and other land-attached assets which are
used for civil aviation operations at airports or airfields shall be granted to
the airport authorities.
3. Based on land use
master plans and plans approved by the state management agency in charge of
civil aviation, airport authorities shall allocate land without land use levy
or lease land in accordance with the following provisions:
a/ Allocation of land
without land use levy for the land specified at Points a and b, Clause 1 of
this Article;
b/ Lease of land with
annual rental payment for the land specified in Points c and d, Clause 1 of
this Article. The calculation and collection of land rental must comply with
this Law.
4. Organizations and
individuals using land at airports or airfields have the following rights and
obligations:
a/ To use land for proper
purposes; to refrain from exchanging, transferring, donating or leasing land
use rights, or mortgaging or contributing as capital land use rights;
b/ To use the assets
under their ownership which are attached to the leased land as collateral at
credit institutions which are licensed to operate in Vietnam; to sell or lease
assets and contribute as capital assets under their ownership which are
attached to the leased land.
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Article
157. Land used for construction of public facilities with safety corridors
1. Land used for
construction of public facilities with safety corridors includes land used for
construction of systems of transport, irrigation, dykes, water supply and
drainage, waste treatment, power transmission, oil and gas pipelines and
communication, and land within the safety corridors of these systems.
2. The use of land for
public facilities with safety corridors must ensure the use of both the aerial
and underground space, the combination of different facilities in the same land
area in order to save land, and comply with relevant specialized laws
concerning safety protection of facilities.
3. Legally recognized
users of land within the safety coưidors may continue using the land in
accordance with the determined purposes and may not hinder the safety
protection of the facilities.
In case the use of that
land hinders the safety protection of the facilities, the owners of facilities
and the land users shall take remedial measures. In case of failure to remedy
the problem, the State will recover the land and pay compensation in accordance
with law.
4. Agencies or
organizations directly managing the facilities with safety corridors shall
publicize information on boundary marks of the safety corridors and take the
main responsibility for the protection of the facilities. In case the safety
corridors of the facilities are illegally encroached, occupied or used, the
agencies or organizations shall promptly report it to and request handling from
the commune-level People’s Committee of the locality where the safety corridors
are located.
5. The People’s
Committees of all levels of the locality where the facilities with safety
corridors are located shall coordinate with the agencies or organizations
directly managing the facilities in disseminating laws and regulations on
safety protection of facilities, publicizing boundary marks for the land use
within the safety corridors and promptly deal with the illegal occupation,
encroachment or use of the safety corridors.
6. The Government shall
detail this Article.
Article
158. Land with historical-cultural relics and landscapes
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a/ Organizations,
households, individuals and communities that directly manage land with
historical-cultural relics and landscapes shall assume the main responsibility
in the use of such land in accordance with the law on cultural heritage;
b/ Commune-level People’s
Committees shall assume the main responsibility for the management of land with
historical-cultural relics and landscapes in their localities which are not
specified at Point a of this Clause;
c/ If land with
historical-cultural relics and landscapes is encroached, occupied or used for
improper or illegal purposes, the chairperson of the commune-level People’s
Committee of the locality where such land is located shall detect, prevent and
deal with these illegal activities promptly.
2. In special cases in
which it is necessary to use land with historical-cultural relics and
landscapes for other purposes, the change of the land use purpose must conform
with the land use master plans and plans approved by competent state agencies
and must be approved in writing by the state agencies which have the competence
to decide on the ranking of those historical- cultural relics and landscapes.
Article
159. Land used by religious institutions
1. Land used by religious
institutions includes land for pagodas, churches, oratories, sanctuaries,
monasteries, religious schools, head offices of religious institutions and
other religious institutions whose operation is licensed by the State.
2. Provincial-level
People’s Committees shall base themselves on the state policies on religions
and land use master plans and plans approved by competent state agencies to
determine the land areas to be allocated to the religious institutions.
Article
160. Land used for belief practices
1. Land for belief
practices includes land for communal houses, temples, shrines, hermitages,
ancestral worship houses and ancestral temples.
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3. The construction or
expansion of communal houses, temples, shrines, hermitages, ancestral worship
houses and ancestral temples of the communities must be permitted by competent
state agencies.
Article
161. Land used for construction of underground facilities
1. The use of land for
construction of underground facilities must conform to the master plan for
construction of underground facilities, land use plans and other related master
plans which have been approved by competent state agencies.
2. Provincial-level
People’s Committees shall decide on land allocation and land lease for
construction of underground facilities in accordance with the Government’s
regulations.
Article
162. Land used to cemeteries or graveyards
1. Land used for
cemeteries or graveyards must be developed in concentrated areas in conformity
with land use master plans; be located far from residential areas and
convenient for burial services and visits, satisfying sanitation and
environmental requirements and used economically.
2. Provincial-level
People’s Committees shall prescribe land quotas and management regimes for
construction of graves, statues and monuments, and memorial stela in cemeteries
or graveyards with economical use of land, and adopt policies to encourage the
burial without using land.
3. It is forbidden to
build cemeteries or graveyards which are not in conformity with land use master
plan and plans which have been approved by competent state agencies.
Article
163. Land with rivers, streams, canals, springs and special-use water surface
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a/ The State shall
allocate land with special-use water surface to organizations for management in
combination with use and exploitation of such land for non-agriculture
purposes, or non-agriculture purposes in combination with aquaculture and
exploitation of aquatic resources;
b/ The State shall lease
out land with rivers, streams, canals or springs with annual rental payment to
economic organizations, households or individuals for aquaculture;
c/ The State shall lease
out land with rivers, streams, canals or springs with annual rental payment to
overseas Vietnamese or foreign-invested enterprises for implementing their
investment projects on aquaculture.
2. The exploitation and
use of land with rivers, streams, canals, springs or special-use water surface
must not affect the determined main land use purpose; and must also comply with
the technical regulations of the related sector or field and the regulations on
environmental and landscape protection, and may not obstruct natural flows and
waterway transportation.
Section
4. UNUSED LAND
Article
164. Management of unused land
1. Commune-level People’s
Committees shall manage and protect unused land in their localities and
register it in cadastral records.
2. Provincial-level
People’s Committees shall manage unused land on uninhabited islands.
3. The management of
unused land must comply with the Government’s regulations.
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5. The State shall
encourage investment by organizations, households and individuals to put unused
land into use in accordance with the land use master plans and plans approved
by competent state agencies.
6. Land areas planned for
agricultural purposes shall be allocated with priority to local households or
individuals directly engaged in agricultural, forestry, aquaculture or salt
production that have not been allocated land or lack production land.
Chapter
XI
RIGHTS AND
OBLIGATIONS OF LAND USERS
Section
1. GENERAL PROVISIONS
Article
166. General rights of land users
1. To be granted the
certificate of land use rights, houses and other land-related assets ownership.
2. To enjoy the results
of the labor and investment on land.
3. To enjoy the benefits
derived from facilities constructed by the State for protecting and improving
agricultural land.
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5. To be protected by the
State against others’ infringements of their lawful rights and benefits related
to land.
6. To receive
compensation when land is recovered by the State in accordance with this Law.
7. To complain about,
denounce or file lawsuits over violations of their lawful land use rights and
other violations of the land law.
Article
167. The right to exchange, transfer, lease, sublease, inherit, donate,
mortgage land use rights and contribute land use rights as capital
1. Land users may
exercise the rights to exchange, transfer, lease, sublease, inherit, donate,
mortgage land use rights and to contribute land use rights as capital in
accordance with this Law.
2. A group of land users
sharing land use rights have the following rights and obligations:
a/ A group of land users
including households and individuals have the same rights and obligations as
households and individuals in accordance with this Law.
In case one member of the
group of land users is an economic organization, that group of land users has
the same rights and obligations as economic organizations in accordance with
this Law;
b/ For a group of land
users sharing land use rights which can be split into portions for each member
in the group, if every member wants to exercise his/her land use rights over
such portion, they shall carry out the prescribed procedures to have the common
land parcel split into different parcels of their own and apply for the
certificates of land use rights and ownership of houses and other land-attached
assets. Those members will then have the rights and obligations of land users
in accordance with this Law.
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3. The notarization and
certification of contracts and documents on the exercise of the rights of land
users shall be conducted as follows:
a/ Contracts on transfer,
donation, mortgage or contribution of land use rights as capital or the rights
to use land and land-attached assets must be notarized or certified, except the
case of real estate business prescribed at Point b of this Clause;
b/ Contracts on lease or
sublease of land use rights or the rights to use land and land-attached assets,
a contract on exchange of agricultural land use rights, a contract on transfer
of land use rights or the rights to use land and land-attached assets in which
one party or all parties involved in the transaction is/are a real estate
business organization or organizations must be notarized or certified at the
request of the parties;
c/ The documents on
inheritance of land use rights or the rights to use land and land-attached
assets must be notarized or certified under the civil law;
d/ The notarization shall
be conducted at notarization-practicing organizations and the certification shall
be conducted at commune-level People’s Committees.
Article
168. Time to exercise the rights of land users
1. Land users may
exercise the rights to transfer, lease, sublease, donate and mortgage land use
rights and to contribute land use rights as capital upon receipt of a
certificate. In case of exchanging agricultural land use rights, land users may
exercise their rights upon receipt of a decision on land allocation or land
lease. In case of inheritance of land use rights, land users may exercise their
rights upon receipt of a certificate or when they are eligible to be granted a
certificate.
A land user who is
allowed to delay the performance of, or owe, his/her financial obligations, may
exercise his/her rights only after fulfilling all financial obligations.
2. The transfer of land
use rights within an investment project on construction of houses for sale or
lease or the transfer of land use rights together with the whole project within
an investment project on construction of infrastructure for transfer or lease
may only be conducted upon receipt of a certificate and satisfaction of all
conditions prescribed in Article 194 of this Law.
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1. Acquisition of land
use rights is prescribed as follows:
a/ Households and
individuals may acquire agricultural land use rights through exchange of land
use rights as prescribed at Point b, Clause 1, Article 179 of this Law;
b/ Economic
organizations, households and individuals may acquire land use rights through
receipt of transfer of land use rights, except the cases prescribed in Article
191 of this Law. Overseas Vietnamese may acquire land use rights through
receipt of transfer of land use rights in industrial parks, industrial
clusters, export processing zones, hi-tech zones or economic zones.
Foreign-invested enterprises may acquire investment capital which is the value
of land use rights in accordance with the Government’s regulations;
c/ Organizations,
households, individuals and communities may acquire land use rights through
receipt of donation of land use rights as prescribed at Point c, Clause 2,
Article 174, and Point e, Clause 1, Article 179, of this Law, except the case
prescribed in Article 191 of this Law;
d/ Organizations,
households, individuals and communities may acquire land use rights through
receipt of inherited land use rights;
e/ Overseas Vietnamese
who are eligible to own houses in Vietnam under the housing law may acquire
land use rights through purchase, lease-purchase, inheritance or donation of houses
associated with land use rights, or acquire land use rights in housing
development projects;
f/ Economic organizations
and joint ventures may acquire land use rights through receipt of contribution
of land use rights as capital;
g/ Organizations, households,
individuals, communities, religious institutions and overseas Vietnamese may
acquire land use rights through land allocation by the State. Foreign-invested
enterprises may acquire land use rights through land allocation by the State to
carry out investment projects on construction of houses for sale or for a
combination of sale and lease;
h/ Economic
organizations, self-financed public non-business organizations, households,
individuals, overseas Vietnamese, foreign-invested enterprises and foreign
organizations with diplomatic functions may acquire land use rights through
land lease by the State;
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k/ Organizations,
households, individuals, overseas Vietnamese and foreign-invested enterprises
may acquire land use rights through the successful conciliation of land
disputes which is certified by a competent People’s Committee, the agreement in
the mortgage contract to handle the debt, or the decision of a competent state
agency on settlement of land disputes, complaints or denunciations, the
decision or judgment of a People’s Court, the decision on judgment enforcement
of the judgment enforcement agency which has been executed, the document
recognizing the result of the auction of land use rights in accordance with
law, or the document on splitting land use rights for households or groups
sharing land use rights in accordance with law;
l/ Communities and
religious institutions may acquire land use rights through the successful
conciliation of land disputes which is certified by a competent People’s
Committee, the decision of a competent state agency on settlement of land
disputes, complaints or denunciations, the decision or judgment of a People’s
Court, or the judgment enforcement decision of the judgment enforcement agency
which has been executed;
m/ The organization which
is a newly established legal entity through splitting or merger under the
decision of a competent agency or organization or according to a lawful
document on splitting or merger of economic organizations may acquire land use
rights from the organizations which are split or merged legal entities.
2. Households and
individuals may acquire land use rights, regardless of place of residence,
except the cases prescribed in Clauses 3 and 4, Article 191, and Article 192 of
this Law.
Article
170. General obligations of land users
1. To use the land for
proper purposes, in accordance with the land parcel boundaries, in compliance
with regulations on use of the depth beneath and the space above the parcel
while protecting underground public facilities and in accordance with other
relevant laws.
2. To declare and
register land; to complete all related procedures upon exchange, transfer,
lease, sublease, inheritance, donation of land use rights; mortgage or
contribution of land use rights as capital in accordance with law.
3. To fulfill financial
obligations in accordance with law.
4. To take measures to
protect the land.
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6. To comply with the law
on discovery of underground objects.
7. To return the land
upon the State’s decision on land recovery or at the expiry of the land use
term without being permitted to extend the land use term.
Article
171. Limited use rights to the adjacent land parcel
1. The limited use rights
to the adjacent land parcel include the right to access path, water supply and
drainage, irrigation and drainage in cultivation, gas supply, power lines,
communication and other reasonable needs on the adjacent land parcel.
2. The limited use rights
to the adjacent land parcel shall be established in accordance with the civil
law and must be registered under Article 95 of this Law.
Article
172. Right to choose method of land rental payment
1. Economic
organizations, self-financed public non-business organizations, households,
individuals, overseas Vietnamese and foreign-invested enterprises specified in
Clause 1, Article 56 of this Law may choose between the form of annual rental
payment or full one-off rental payment for the entire lease period.
2. Economic
organizations, self-financed public non-business organizations, households,
individuals, overseas Vietnamese and foreign-invested enterprises that are
leasing land from the State with annual rental payment may change to the form
of full one-off rental payment for the entire lease period. The specific land
price used for determination of land rental must be re-determined in accordance
with this Law at the time the decision on approval of the change to the form of
full one-off rental payment for the entire lease period is issued.
Section
2. RIGHTS AND OBLIGATIONS OF ORGANIZATIONS USING LAND
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1. Organizations to which
the land is allocated by the State without land use levy have the rights and
obligations prescribed in Articles 166 and 170 of this Law.
2. Organizations to which
the land is allocated by the State without land use levy may not exchange,
transfer, donate, lease land use rights; mortgage, contribute land use rights
as capital, and are not entitled to compensation upon land recovery by the
State.
Article
174. Rights and obligations of organizations that are allocated land with land
use levy by the State, or leased land with full one-off rental payment for the
entire lease period
1. In addition to the
rights and obligations prescribed in Clause 1 of this Article, economic
organizations that are allocated land with land use levy or leased land with
full one-off payment for the entire lease period by the State have the rights
and obligations prescribed in Articles 166 and 170 of this Law.
2. Economic organizations
that are allocated land with land use levy or leased land with full one-off
rental payment for the entire lease period by the State have the following
rights:
a/ To transfer land use
lights and land-attached assets under their ownership;
b/ To lease land use
rights and land-attached assets under their ownership in case of being
allocated with land use levy by the State and to sublease land use rights and
land-attached assets under their ownership in case of being leased land with
full one-off rental payment for the entire lease period by the State;
c/ To donate land use
rights to the State and communities for construction of facilities for common
public interests of the communities and donate land-attached gratitude houses
in accordance with law;
d/ To mortgage with land
use rights and land-attached assets under their ownership at credit
institutions which are licensed to operate in Vietnam;
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3. Self-financed public
non-business organizations leasing land with full one-off rental payment for
the entire lease period from the State and for which the paid rental does not
originate from the state budget, have the rights and obligations prescribed in
Clauses 1 and 2 of this Article. The exercise of the rights is subject to
written approval by a competent state agency.
Self-financed public
non-business organizations leasing land with full one-off rental payment for
the entire lease period from the State and for which the paid rental originates
from the state budget have the rights and obligations prescribed in Article 173
of this Law.
4. Organizations that are
allocated land with land use levy or leased land with full one-off rental
payment for the entire lease period by the State, but are entitled to exemption
from or reduction of land use levy or land rental, have the following rights
and obligations:
a/ If the organization is
allocated or leased land by the State for implementation of projects on
construction of and trading in houses and is entitled to exemption from or
reduction of land use levy or land rental, it has the same rights and
obligations as being not entitled to exemption from or reduction of land use
levy or land rental;
b/ If the organization is
allocated or leased land by the State for implementation of investment projects
for profit purpose that is not prescribed at Point a of this Clause, and is
allowed to pay a reduced land use levy or land rental, it has the same rights
and obligations as being not entitled to exemption from or reduction of land
use levy or land rental for the land type with similar land use purpose;
c/ If the organization is
allocated or leased land by the State for implementation of investment projects
for profit purpose that is not prescribed at Point a of this Clause, and is
exempted from land use levy or land rental, it has the same rights and
obligations as leasing land with annual rental payment for the land type with
similar land use purpose.
Article
175. Rights and obligations of economic organizations and public non-business
organizations using leased land with annual rental payment
1. Economic organizations
or public non-business organizations using leased land from the State with
annual rental payment have the following rights and obligations:
a/ General rights and
obligations prescribed in Article 166 and Article 170 of this Law;
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c/ To sell their assets
attached to the leased land upon the satisfaction of the conditions prescribed
in Article 189 of this Law. The buyer of these assets may continue to be leased
land for determined land use purpose by the State;
d / To contribute their
assets attached to the leased land as capital. The recipient of these assets
may continue to be leased land for determined land use purpose by the State;
e/ To sublease land use
rights with annual rental payment for the land with completely constructed infrastructure
in case they are permitted to invest in the construction and commercial
operation of infrastructure in industrial parks, industrial clusters, export
processing zones, hi-tech zones or economic zones.
2. Economic organizations
or public non-business organizations using land leased from organizations,
households or individuals that are located outside industrial parks, industrial
clusters or export processing zones have the rights and obligations prescribed
in the civil law.
Article
176. Rights and obligations of economic organizations which acquire land use
rights or change land use purposes
1. Economic organizations
which acquire land use rights or change land use purpose have the general
rights and obligations prescribed in Articles 166 and 170 of this Law.
2. Economic organizations
acquiring the rights to use the land which originates from being allocated with
land use levy or being leased with full one-off rental payment for the entire
lease period by the State and the land use levy or land rental does not
originate from the state budget have the rights and obligations prescribed in
Clause 2, Article 174 of this Law.
3. Economic organizations
acquiring the agricultural land use rights in accordance with law have the
following rights and obligations:
a/ If they acquire land
use rights without changing, the land use purpose, they have the rights and
obligations prescribed in Clause 2, Article 174 of this Law;
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c/ If they acquire land
use rights and change the land use purpose and are eligible for being leased
land with annual rental payment, they have the rights and obligations
prescribed in Article 175 of this Law.
4. The rights and
obligations of economic organizations which are approved by competent state
agencies to change the land use purpose from land allocation without land use
levy to land allocation with land use levy or to land lease are prescribed as
follows:
a/ If the economic
organization is allocated land with land use levy or leased land with full one-off
rental payment for the entire lease period, it has the rights and obligations
prescribed in Clause 2, Article 174 of this Law;
b/ If the economic
organization is leased land with annual rental payment, it has the rights and
obligations prescribed in Clause 1, Article 175 of this Law.
Article
177. Rights and obligations of economic organizations receiving land use rights
as contributed capital; land use rights of economic organizations upon
dissolution or bankruptcy
1. Economic organizations
receiving land use rights as contributed capital from households, individuals
or other economic organizations have the rights and obligations prescribed in
Article 174 of this Law in the following cases:
a/ The land of economic
organizations which contribute capital is the land allocated with land use levy
or leased with full one-off rental payment for the entire lease period by the
State, or obtained through acquisition of land use rights;
b/ The land contributed
by households or individuals is not the land leased by the State with annual
rental payment.
2. Land use rights of
cooperatives upon dissolution or bankruptcy are prescribed as follows:
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b/ The land allocated
with land use levy, leased with foil one-off rental payment for the entire
lease period by the State, or obtained through buying land-attached assets or
obtained through lawful acquisition of land use rights from others for which
the land use levy or land rental, or the paid amount for purchase of
land-attached assets, or the fund for acquisition of land use rights does not
originate from the state budget; the land obtained through contribution of land
use rights as capital from cooperative members, is not recovered by the State.
Land use rights belong to the cooperative and shall be settled in accordance
with the charter of the cooperative and the resolution of the members’ meeting.
3. Land use rights of the
economic organization which is an enterprise, upon its dissolution or
bankruptcy, shall be settled in accordance with law.
Article
178. Rights and obligations of economic organizations that are leased land for construction
of underground facilities
Economic organizations
that are leased land by the State to invest in the construction of underground
facilities have the following rights and obligations:
1. If the land is leased
with full one-off rental payment for the entire lease period, they have the
same rights and obligations as economic organizations prescribed in Clauses 1,
2 and 4, Article 174 of this Law;
2. If the land is leased
with annual rental payment, they have the same rights and obligations as economic
organizations prescribed in Clause 1, Article 175 of this Law.
Section
3. RIGHTS AND OBLIGATIONS OF HOUSEHOLDS, INDIVIDUALS AND COMMUNITIES USING LAND
Article
179. Rights and obligations of households and individuals using land
1. Households or individuals
that use agricultural land allocated by the State within land use quotas, are
allocated land with land use levy or leased with full one-off rental payment
for the entire lease period, have land use rights recognized by the State, or
obtain land through exchange, transfer, inheritance or donation, have the
following rights and obligations:
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b/ To exchange
agricultural land use rights with other households and individuals within the
same commune, ward or township;
c/ To transfer land use
rights in accordance with law;
d/ To lease land use
rights to other organizations, households, individuals or overseas Vietnamese
investing in Vietnam;
e/ Individuals using land
are entitled to bequeath their land use rights in accordance with their will or
law.
If any member of a
household to which land has been allocated by die State dies, land use rights
of that member may be inherited in accordance with his/her will or law.
If the heir is an
overseas Vietnamese who falls into the category defined in Clause 1, Article
186 of this Law, he/she is entitled to inherit land use rights. Otherwise,
he/she is only entitled to receive the value of the inherited land use rights;
e/ To donate land use
rights under Point c, Clause 2, Article 174 of this Law and to donate land use
rights to households, individuals or overseas Vietnamese who fall into the
category defined in Clause 1, Article 186 of this Law;
g/ To mortgage land use
rights at credit institutions which are licensed to operate in Vietnam, or at
other economic organizations or individuals in accordance with law;
h/ To contribute land use
rights as capital to organizations, households, individuals or overseas
Vietnamese for cooperation in production or business;
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2. Households or
individuals that are leased land by the State with annual rental payment have
the following rights and obligations:
a/ The general rights and
obligations prescribed in Article 166 and Article 170 of this Law;
b/ To sell their assets
attached to the leased land. The buyer of these assets may continue leasing
land from the State for the determined purpose;
c/ To inherit or donate
their assets attached to the leased land. The heir or donee may continue
leasing land from the State for the determined purpose;
d/ To lease their assets
attached to the leased land in accordance with the civil law;
e/ To mortgage their
assets attached to the leased land at credit institutions which are licensed to
operate in Vietnam, or at other economic organizations or individuals in
accordance with law;
f/ To contribute their
assets attached to the leased land within the lease term as capital tó
organizations, households, individuals or overseas Vietnamese for cooperation
in production or business. The recipient of such capital contribution may
continue leasing land from the State for the determined purpose
3. Households or
individuals that sublease land in industrial parks, industrial clusters or
export processing zones have the following rights and obligations:
a/ In case of leasing or
subleasing land with full one-off rental payment for the entire lease period,
they have the rights and obligations prescribed in Clause 1 of this Article;
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4. Households or
individuals that are allocated or leased land by the State and are entitled to
exemption from or reductions of land use levy or land rental have the same
rights and obligations as being not entitled to exemption from or reductions of
land use levy or land rental.
5. Households or
individuals that use leased land from organizations, households or individuals
that do not fall into the case specified in Clause 3 of this Article, have the
rights and obligations prescribed in the civil law,
Article
180. Rights and obligations of households and individuals changing land use
purpose from land allocation without land use levy to land allocation with land
use levy or land lease
1. Households or
individuals that change land use purpose from land allocation without land use
levy to land allocation with land use levy or land lease have the general
rights and obligations prescribed in Articles 166 and 170 of this Law.
2. The rights and
obligations of households or individuals using land of which the land use
purpose is permitted to change from land allocation without land use levy to
land allocation with land use levy or land lease by competent state agencies
are prescribed as follows:
a/ In case of being
allocated land with land use levy or leased land with full one-off rental
payment for the entire lease period, these households or individuals have the
rights and obligations prescribed in Clause 1, Article 179 of this Law;
b/ In case of being
leased land with annual rental payment, these households or individuals have
the rights and obligations prescribed in Clause 2, Article 179 of this Law.
Article
181. Rights and obligations of religious institutions and communities using
land
1. Religious institutions
and communities using land have the general rights and obligations prescribed
in Articles 166 and 170 of this Law.
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Section
4. RIGHTS AND OBLIGATIONS OF OVERSEAS VIETNAMESE, FOREIGN ORGANIZATIONS WITH DIPLOMATIC
FUNCTIONS AND FOREIGN-INVESTED ENTERPRISES USING LAND
Article
182. Rights and obligations of foreign organizations with diplomatic functions
1. Foreign organizations
with diplomatic functions using land in Vietnam have the following rights and obligations:
a/ The general rights and
obligations prescribed in Articles 166 and 170 of this Law;
b/ To construct
facilities on land in accordance with the licenses granted by competent state
agencies of Vietnam;
c/ To own the facilities
on the leased land constructed by their own within the lease term.
2. In case there are
different provisions in treaties to which the Socialist Republic of Vietnam is
a contracting party, foreign organizations with diplomatic functions have the
rights and obligations as provided in those treaties.
Article
183. Rights and obligations of overseas Vietnamese and foreign-invested
enterprises using land for implementation of investment projects in Vietnam
1. Overseas Vietnamese
investing in Vietnam who are allocated land with land use levy by the
Vietnamese State have the following rights and obligations:
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b/ The rights and
obligations prescribed in Clause 2, Article 174 of this Law.
2. Overseas Vietnamese
and foreign-invested enterprises that are leased land with annual rental
payment from the Vietnamese State have the following rights and obligations:
a/ The general rights and
obligations prescribed in Articles 166 and 170 of this Law;
b/ To mortgage their
assets attached to the leased land at credit institutions which are licensed to
operate in Vietnam, and to contribute as capital their assets attached to the
leased land. The recipient of the capital contribution may lease land from the
State for the determined purpose for the remaining lease term;
c/ To sell their assets
attached to the leased land upon fulfillment of the requirements prescribed in
Article 189 of this Law;
d/ To lease houses if
they are permitted to invest in the construction of and trading in houses.
3. Overseas Vietnamese or
foreign-invested enterprises that lease land from the State with full one-off
rental payment for the entire lease period and foreign-invested enterprises
that are allocated land with land use levy to implement projects have the
following rights and obligations:
a/ The general rights and
obligations prescribed in Articles 166 and 170 of this Law;
b/ To transfer land use
rights and land-attached assets under their ownership during the land use term;
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d/ To mortgage land use
rights and land-attached assets under their ownership at credit institutions
which are licensed to operate in Vietnam within the land use term;
e/ To contribute land use
rights and land-attached assets under their ownership as capital for
cooperation in production and business within the land use term.
4. Foreign-invested
enterprises using land formed through the purchase of shares of Vietnamese
enterprises have the following rights and obligations:
a/ In case the
foreign-invested enterprise formed through the purchase of shares of Vietnamese
enterprises is a wholly foreign-invested enterprise or a foreign-invested enterprise
in which the foreign investor is the dominant shareholder in accordance with
the law on enterprises, that foreign-invested enterprise has the rights and
obligations prescribed in Clauses 2 and 3 of this Article corresponding to the
form of payment of land use levy or land rental;
b/ In case the
foreign-invested enterprise formed through the purchase of shares of Vietnamese
enterprises is an enterprise in which the Vietnamese party is the dominant
shareholder in accordance with the law on enterprises, that foreign-invested
enterprise has the rights and obligations as economic organizations as
prescribed in Articles 174 and 175 of this Law.
5. For overseas
Vietnamese or foreign-invested enterprises that use land to implement
investment projects in Vietnam and are allocated or leased with full one-off
rental payment for the entire lease period by the State and are exempted from
land use levy or land rental or allowed to pay a reduced one, they have the
rights and obligations prescribed in Clause 4, Article 174 of this Law.
Article
184. Rights and obligations of joint ventures using land through receipt of
land use rights as capital and wholly foreign-invested enterprises which are
converted from joint ventures
1. Joint ventures between
foreign organizations, foreign individuals or overseas Vietnamese and economic
organizations in which the economic organizations contribute land use rights as
capital, have the rights and obligations prescribed in Article 174 of this Law
in the following cases:
a/ The land of which land
use rights are contributed by the economic organizations is land allocated with
land use levy or leased with full one-off rental payment for the entire lease
period by the State, and the paid amount of land use levy or land rental does
not originate from the state budget;
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2. In case a state
enterprise leases land from the State before July 1, 2004, and is entitled to
contribute the value of land use rights as allocated from the state budget, not
as a recorded debt, and does not have to pay land rental in accordance with the
land law, as capital to establish a joint venture with a foreign organization
or individual, that joint venture has the rights and obligations prescribed in
Article 174 of this Law. The value of land use rights is considered the State’s
capital contributed to the joint venture.
3. In case an overseas
Vietnamese who is allocated land with land use levy or leased land with full
one-off rental payment for the entire lease period by the State contributes the
value of land use rights in the capacity as a domestic economic organization as
capital to a joint venture with a foreign organization or individual, that
joint venture has the rights and obligations prescribed in Article 174 of this
Law.
4. If a joint venture in
which the Vietnamese party contributes land use rights as capital is converted
into a wholly foreign-invested enterprise, it has the following rights and
obligations:
a/ The rights and
obligations prescribed in Clause 2, Article 183 of this Law, for the case in
which the contributed land use rights are not used for implementing investment
projects on houses for sale and the wholly foreign-invested enterprise is
leased land by the State with annual rental payment under Clause 1, Article 56
of this Law;
b/ The rights and
obligations prescribed in Clause 3, Article 183 of this Law, for the case in
which the contributed land use rights are not used for implementing investment
projects on houses for sale and the wholly foreign-invested enterprise is
leased land by the State with full one-off rental payment for the entire lease
period under Clause 1, Article 56 of this Law;
c/ The rights and
obligations prescribed in Clause 3, Article 183 of this Law, for the case in
which the contributed land use rights are used for implementing projects on
houses for sale and the wholly foreign-invested enterprise is allocated land by
the State under Clause 3, Article 55 of this Law.
Article
185. Rights and obligations of overseas Vietnamese and foreign-invested
enterprises using land in industrial parks, industrial clusters, export
processing zones, hi-tech zones or economic zones
1. Overseas Vietnamese
may acquire land use rights in industrial parks, industrial clusters, export
processing zones, hi-tech zones or economic zones, and have the rights and
obligations prescribed in Article 174 of this Law.
2. Overseas Vietnamese or
foreign-invested enterprises leasing or subleasing land in industrial parks,
industrial clusters, export processing zones, hi-tech zones or economic zones
have the following rights and obligations:
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b/ In case of making
annual rental payment, they have the rights and obligations prescribed in
Article 175 of this Law.
Article
186. Rights and obligations related to land use of overseas Vietnamese who are
eligible to own houses in Vietnam; foreign individuals or overseas Vietnamese
who are ineligible to buy houses associated with land use rights in Vietnam
1. Overseas Vietnamese
who are entitled to own houses in accordance with the housing law are entitled
to own houses associated with residential land use rights in Vietnam.
2. Overseas Vietnamese
who are entitled to own houses associated with residential land use rights in
Vietnam have the following rights and obligations:
a/ The general rights and
obligations prescribed in Article 166 and Article 170 of this Law;
b/ To transfer land use
rights when selling, donating, bequeathing, exchanging houses with domestic
organizations or individuals, overseas Vietnamese who are eligible to own
houses for their own living; to donate houses associated with residential land
use rights to the State, communities or donate houses of gratitude as
prescribed at Point c, Clause 2, Article 174 of this Law. In case of donating
or bequeathing to people who are ineligible to own houses in Vietnam, such
people may only to receive the value of houses associated with residential land
use rights;
c/ To mortgage houses
associated with residential land use rights at credit institutions which are
licensed to operate in Vietnam;
d/ To lease, and authorize
the management of, houses when unused.
3. If all the heirs of
land use rights and ownership of houses and other land-attached assets are
foreigners or overseas Vietnamese who are ineligible to own houses in Vietnam
as prescribed in Clause 1 of this Article, the heirs shall not be granted the
certificate of land use rights and ownership of houses and other land-attached
assets but may transfer or donate the inherited land use rights in accordance
with the following provisions:
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b/ In case of donating
land use rights, the people to receive land use rights must be the subjects
specified at Point e, Clause 1, Article 179 of this Law and be eligible under
the housing law, in which the heir may act as the donor in the contract or
written document on donation commitment;
c/ In case of not making
the transfer or donation of land use rights, the heir or his/her representative
with a lawful document on authorization, shall submit a dossier on the
inheritance to the land registration agency in order to update on the cadastral
book.
4. In case there is an
overseas Vietnamese who is ineligible to buy a house associated with
residential land use rights in Vietnam among the heirs while others are
eligible to inherit land use rights in accordance with the land law and the
inherited land use rights have not been divided, the heirs or their
representatives with lawful documents on authorization, shall submit dossiers
on the inheritance to the land registration agency in order to update on the
cadastral book.
Once the inheritance is
made, the certificates of land use rights and ownership of houses and other
land-attached assets are granted to those who are eligible for being granted
such certificate.
Regarding the overseas
Vietnamese who is ineligible to buy houses associated with residential land use
rights in Vietnam, his/her inherited part shall be dealt with in accordance
with Clause 3 of this Article.
5. In the cases specified
at Point c, Clause 3, and in Clause 4 of this Article, the heirs may authorize
in writing other persons to take care or use land temporarily and perform the
obligations in accordance with the land law and other relevant laws.
Article
187. Rights and obligations of overseas Vietnamese and foreign-invested
enterprises leasing land for construction of underground facilities
Overseas Vietnamese or
foreign-invested enterprises investing in the construction of underground facilities
and leasing land from the State have the following rights and obligations:
1. In case of leasing
land with full one-off rental payment for the entire lease period, they have the
rights and obligations prescribed in Clauses 3 and 5, Article 183 of this Law.
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Section
5. CONDITIONS FOR THE EXERCISE OF RIGHTS OF LAND USERS
Article
188. Conditions for the exercise of the rights to exchange, transfer, lease,
sublease, inherit, donate or mortgage land use rights; to contribute land use
rights as capital
1. Land users may
exercise the rights to exchange, transfer, lease, sublease, inherit, donate or
mortgage land use rights and contribute land use rights as capital when meeting
the following conditions:
a/ Having the
certificate, except the case prescribed in Clause 3, Article 186 and the case
of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
b/ The land is
dispute-free;
c/ The land use rights
are not distrained to secure judgment enforcement;
d/ Within the land use
term.
2. In addition to the
conditions specified in Clause 1 of this Article, when exercising the rights to
exchange, transfer, lease, sublease, inherit, donate or mortgage land use
rights and contribute land use rights as capital, land users must also be
eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.
3. The exchange,
transfer, lease, sublease, inheritance, donation or mortgage of land use rights
or contribution of land use rights as capital must be registered with the land
registration agency and will take effect from the time of registration in the
cadastral book.
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1. Economic
organizations, households, individuals, overseas Vietnamese and foreign-
invested enterprises may sell assets attached to leased land when fully meeting
die following conditions:
a/ The assets attached to
leased land are legally established in accordance with law;
b/ The construction has
been completed in accordance with the detailed construction master plan and
approved investment project.
2. The buyer of assets
attached to leased land must ensure the following conditions:
a/ Having financial
capacity to implement investment projects;
b/ Having business lines
relevant to investment projects;
c/ Not violating the land
law when being allocated or leased land from the State to implement the
previous projects.
3. The buyers of assets
may continue leasing land from the State within the remaining land use term
according to specific land price and for the purposes determined in the project
documents.
4. The case of leasing
land to implement projects on construction and commercial operation of
infrastructure is prescribed in Article 194 of this Law.
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Households and
individuals using agricultural land which is allocated by the State or obtained
through exchange, acquisition of land use rights, inheritance, donation of
lawful land use rights from other land users, may only exchange these agricultural
land use rights to other households and individuals in the same commune, ward
or township to facilitate agricultural production, and do not have to pay
income tax incurred from the exchange of land use rights and registration fee.
Article
191. Cases in which acquisition or donation of land use rights is not allowed
1. Organizations,
households, individuals, communities, religious institutions, overseas
Vietnamese and foreign-invested enterprises may not receive transfer or
donation of land use rights in case the transfer or donation of land use rights
is prohibited by law.
2. Economic organizations
may not acquừe the rights to use paddy land, protection forest land or
special-use forest land from households or individuals, except the case of change
in land use purpose in accordance with the land use master plan and plans
approved by competent state agencies.
3. Households and
individuals not directly engaged in agricultural production may not receive the
transfer or donation of paddy land use rights.
4. Households and
individuals may not receive the transfer or donation of residential land use
rights and agricultural land use rights with regard to the land located in the
areas of protection forests, strictly protected zones and ecological rehabilitation
zones in special-use forests if they do not live in such protection forests or
special-use forests.
Article
192. Cases in which households and individuals may transfer or donate land use
rights under certain conditions
1. Households and individuals
living in the strictly protected zones or ecological rehabilitation zones in
special-use forests and are not able to move out of these areas may only
transfer or donate the rights to use residential land or forest land in
combination with agricultural, forestry and aquaculture production purposes to
households and individuals living in these areas.
2. Households and
individuals that are allocated residential land or agricultural land in
protection forests by the State may only transfer or donate the rights to use
residential or agricultural land to households and individuals living in these
areas.
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Article
193. Conditions for receiving the transfer or contribution as capital of, or
leasing, agricultural land use rights to carry out investment projects on
non-agricultural production and business
Economic organizations,
households and individuals may receive the transfer or contribution as capital
of, or lease, agricultural land use rights to carry out investment projects on
non-agricultural production and business when fully meeting the following
conditions:
1. Economic organizations
may receive the transfer or contribution as capital of, or lease, agricultural
land use rights to carry out investment projects upon receiving written
approval from a competent state agency.
2. The use purpose for
the land area of which land use rights are acquired, contributed as capital or
leased must be consistent with the land use master plan and plans approved by
competent state agencies.
3. For land used
exclusively for wet rice cultivation, the provisions of Clause 3, Article 134
of this Law shall apply.
Article
194. Conditions for transferring land use rights in implementation of
investment projects on construction of and trading in houses; investment
projects on construction of infrastructure for transfer of lease
1. The transfer of land
use rights in investment projects on construction of and trading in houses must
be conducted in accordance with the following provisions:
a/ The provincial-level
People’s Committee may, based on the Government’s regulations on conditions and
types of urban centers, permit investors of projects on construction of and
trading in houses to transfer land use rights in the form of dividing land
parcels upon completion of the infrastructure construction and fulfillment of
financial obligations related to land;
b/ For investment
projects on construction of and trading in houses, the transfer of land use
rights together with the transfer of the whole or part of the project may be
conducted upon receipt of the certificate. Those who acquire land use rights
shall implement investment projects in accordance with the approved schedule.
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a/ Satisfaction of all
conditions specified in Clause 1, Article 188 of this Law;
b/ The technical
infrastructure facilities must be completely constructed in accordance with the
schedule stated in the approved project document.
3. The Government shall
detail this Article.
Chapter
XII
LAND-RELATED
ADMINISTRATIVE PROCEDURES
Article
195. Land-related administrative procedures
1. Land-related
administrative procedures include:
a/ Procedures for land
recovery, land allocation, land lease, and change of land use purpose;
b/ Procedures for
registration of land and land-attached assets and grant of the certificate of
land use rights and ownership of houses and other land-attached assets;
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d/ Procedures for
exercising the rights of land users;
dd/ Procedures for
enforcing decisions on compulsory inventory and enforcing the implementation of
land recovery decisions;
e/ Procedures for
conciliation and settlement of land disputes at administrative agencies;
g/ Procedures for
sanction of administrative violations in the field of land.
2. The Government shall
detail this Article.
Article
196. Publicity of land-related administrative procedures
1. Contents of
administrative procedures that need to be publicized include:
a/ State agencies which have
competence to receive dossiers and return results;
b/ Time for handling each
of the administrative procedures;
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d/ The process and
responsibilities for settling each of the administrative procedures;
e/ Financial obligations,
charges and fees payable for each of the administrative procedures.
5. The publicity of
contents prescribed in Clause 1 of this Article must be conducted by regular
posting at the offices of the agencies where the dossiers are received and the
results are returned; and posting on the website of the national database on
administrative procedures and websites of provincial and district-level
People’s Committees.
Article
197. Implementation of land-related administrative procedures
1. Ministries and
agencies shall, according to their functions, tasks and powers, coordinate in
the direction, guidance and examination of the implementation of land-related
administrative procedures to ensure consistency of the land-related
administrative procedures with other related administrative procedures.
2. People’s Committees at
all levels shall direct, guide, examine and implement administrative procedures
in the localities and issue regulations on the coordination among relevant local
agencies in settling land-related administrative procedures and other related
administrative procedures.
3. Agencies having
competence to settle land-related administrative procedures shall follow the
prescribed order and procedures.
4. Land users and other
related people shall fully follow the land-related administrative order and
procedures and fulfill financial obligations as prescribed by law.
Chapter
XIII
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Section
1. SUPERVISION, MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE
Article
198. Oversight by the National Assembly, People’s Councils at all levels,
Vietnam Fatherland Front and its member organizations of the land management
and use
1. The National Assembly
and People’s Councils at all levels shall exercise the power to oversee the
land management and use in accordance with the Constitution and the Law on
Oversight Activities of the National Assembly and the Law on Organization of
the People’s Councils and People’s Committees.
2. The Vietnam Fatherland
Front and its member organizations shall exercise the power to supervise the
land management and use in accordance with the Constitution, the Law on the
Vietnam Fatherland Front and other relevant laws.
Article
199. Supervision by citizens of land management and use
1. Citizens have the
right to supervise and report on wrongdoings and violations in the land
management and use by themselves or through representative organizations.
2. The supervision and
reporting must ensure objectivity, honesty and lawfulness. Citizens may not
abuse the right to supervise and report to lodge complaints and denunciations
illegally or negatively affect social order. Citizens shall take responsibility
before law for the accuracy of the information they have reported.
3. The contents of
supervision of the land management and use by citizens include:
a/ Formulation,
adjustment, publicization and implementation of land use master plans and
plans;
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c/ Land recovery,
compensation, support and resettlement;
d/ Registration of land
and land-attached assets, and grant of the certificate of land use rights and
ownership of houses and other land-attached assets;
e/ Collection of,
exemption from, or reduction of, land use levy, land rental and land-related
taxes, and land valuation;
f/ Implementation of
administrative procedures related to the rights and obligations of land users.
4. The methods of
supervision of the land management and use by citizens include:
a/ Directly exercising
the right to supervision through reporting and sending petitions to agencies or
persons with settling competence;
b/ Sending petitions to
the lawful representative organizations for these organizations to conduct the
supervision.
5. Responsibilities of
competent state agencies upon receiving opinions from citizens and
representative organizations:
a/ To examine, settle and
respond to the opinions in writing according to their competence;
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c/ To notify the results
to the reporting organizations or individuals.
Article
200. System of monitoring and evaluation of the land management and use
1. The system of
monitoring and evaluation of the land management and use shall be used to
evaluate the implementation of the land law, the efficiency of land management
and use, and the impacts of land policy and law on the economy, society and
environment on both national and local scales.
2. The system of
monitoring and evaluation of the land management and use shall be developed
based on the land information system and the collection of other information
during the implementation of the land law throughout the country, including:
a/ Information on land
use master plans and plans, land statistics and inventories, land prices and
land taxes; land allocation, land lease, land recovery, permission for change
of land use purpose, grant of the certificate of land use rights and ownership
of houses and other land-attached assets; implementation of investment projects
using land; observance of the land law; examination, inspection and handling of
land-related violations of administrative agencies;
b/ Information on the
settlement of disputes and lawsuits over land;
c/ Information from the
supervision process of the land law implementation of the National Assembly,
People’s Councils at all levels, Vietnam Fatherland Front and its member
organizations, other related organizations and people;
d/ Necessary information
which needs to be collected by technology solutions including aerial
photography from satellites, aircraft and other flying craft, field surveys and
other Technical equipment;
dd/ Necessary information
from the sociological survey data on land management and use which is obtained
from different researches, investigations, surveys and performance of
additional sociological investigations when necessary.
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4. The state agency which
archives the information specified in Clause 2 of this Article shall provide
information sufficiently, accurately and timely to the agency managing the
monitoring and evaluation system. The agency in charge of natural resources and
environment shall update the information in the monitoring and evaluation system
into the land information system.
5. The monitoring and
evaluation system on the land management and use shall be made public for
information search by organizations and individuals in accordance with law.
6. The Government shall
prescribe in detail the creation and operation of the monitoring and evaluation
system on land management and use.
Section
2. INSPECTION, SETTLEMENT OF DISPUTES, COMPLAINTS AND DENUNCIATIONS AND
TREATMENT OF VIOLATIONS OF LAND LAW
Article
201. Specialized land inspection
1. Specialized land
inspection means inspection activities earned out by competent state agencies
toward agencies, organizations and individuals regarding their observance of
the land law and professional, technical and management regulations in the
field of land.
The Ministry of Natural
Resources and Environment shall direct and organize the implementation of
specialized land inspection throughout the country.
Local land administration
agencies shall organize specialized land inspections in localities.
2. The specialized land
inspection includes the following contents:
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b/ Inspection of the
observance of the land law by land users and other related organizations and
individuals;
c/ Inspection of the
observance of professional and technical regulations in the field of land.
3. Specialized land
inspectors have the following tasks:
a/ To inspect the
observance of the land law by state agencies and land users in land management and
use;
b/ To detect, prevent and
handle violations of the land law according to their competence or propose the
settlement of violations to competent state agencies.
4. The powers and
obligations of leaders of inspection teams, inspectors, civil servants
performing specialized land inspection, and the procedures for specialized land
inspection comply with the inspection law.
Article
202. Conciliation of land disputes
1. The State shall
encourage the disputing parties to conciliate themselves or have theừ land
disputes settled through grassroots conciliation.
2. In case the
self-reconciliation fails, the parties may send a petition to the commune-level
People’s Committee of the locality where the disputed land is located, for
reconciliation.
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4. The conciliation process
must be recorded in a written record with signatures of all parties and
certified by the commune-level People’s Committee on the result, either a
successful or unsuccessful conciliation. The conciliation minutes shall then be
sent to the involved parties and archived at the commune-level People’s
Committee concerned.
5. In case of successful
conciliation which results in changes in the boundaries or land users, the
commune-level People’s Committee shall send the conciliation minutes to the
district-level Division of Natural Resources and Environment, for land disputes
among households, individuals and communities, or to the provincial-level
Department of Natural Resources and Environment, for other land disputes.
The district-level
Division of Natural Resources and Environment or the provincial-level
Department of Natural Resources and Environment shall submit the case to the
People’s Committee of the same level for decision on recognizing the change in
boundaries or renewing the certificate of land use rights, houses and other
land-related assets ownership.
If the conciliation at a
commune-level People’s Committee fails, a land dispute shall be settled as
follows:
6. The land dispute in
which the concerned party possesses a certificate or any of the papers
prescribed in Article 100 of this Law and the dispute over land-attached assets
shall be settled by the People’s Court;
7. For the land dispute
in which the concerned party does not possess a certificate or any of the
papers prescribed in Article 100 of this Law, the parties may choose between
the following two options of settlement:
a/ Filing a written
request for dispute settlement with a competent People’s Committee as
prescribed in Clause 3 of this Article;
b/ Filing a lawsuit with
a competent People’s Court in accordance with the law on civil procedures;
8. In case the concerned
parties choose the option of settlement at a competent People’s Committee, the
settlement is as follows:
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b/ In case the dispute
involves one party being an organization, a religious institution, an overseas
Vietnamese or a foreign-invested enterprise, the chairperson of the
provincial-level People’s Committee is responsible for the settlement. If the
concerned parties disagree with the settlement decision, they are entitled to
lodge a complaint with the Minister of Natural Resources and Environment or to
file a lawsuit with a People’s Court in accordance with the law on
administrative procedures;
9. The person having
competence to settle the land dispute as prescribed in Clause 3 of this Article
shall issue a settlement decision. The legally effective decision on dispute
settlement must be strictly abided by the concerned parties. If the parties
fail to comply, the decision shall be enforced.
Article
204. Settlement of complaints and lawsuits related to land
1. Land users and people
who have land use-related rights and obligations are entitled to lodge
complaints about, or file lawsuits against, administrative decisions or
administrative acts in land management.
2. The order and
procedures for settling complaints about administrative decisions or administrative
acts related to land comply with the law on complaints. The order and
procedures for settling lawsuits against administrative decisions or
administrative acts related to land comply with the law on administrative
procedures.
Article
205. Settlement of denunciations about land
1. Individuals are
entitled to denounce violations of the law on land management and use.
2. The settlement of
denunciations about violations of the law on land management and use shall
comply with the law on denunciations.
Article
206. Handling of violators of land law
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2. Those who commit violations
of the land law which cause damage to the State or other people, shall be
handled in accordance with law and pay compensation for the actual damage
caused to the State or to other people.
Article
207. Handling of persons who commit violations of land law while on duty in the
field of land
1. Those who commit
violations of the land law while on duty shall, depending on the nature and
seriousness of their violations, be disciplined or examined for penal liability
in accordance with law for the following violations:
a/ Abusing positions and
powers to commit illegal acts in land allocation, land lease, change of land
use purpose, land recovery, compensation, support, resettlement, transfer of
land use rights, implementation of land use master plans and plans,
determination of financial obligations related to land, management of cadastral
records, or issuance of administrative decisions in land management;
b/ Lacking responsibility
in management which lets violations of land law occur, or committing other acts
which cause damage to land resources or the rights and obligations of land
users;
c/ Violating regulations
on consultation, publicization and publicity of information; violating
regulations on administrative order and procedures; violating reporting
regulations in land management.
2. The Government shall
detail this Article.
Article
208. Responsibilities of chairpersons of People’s Committees at all levels in
detecting, preventing and handling violations of law on land management and use
1. Chairpersons of the
People’s Committees at all levels shall detect, prevent and promptly handle
violations of the law on land management and use in localities.
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Article
209. Receipt and handling of responsibility of heads, civil servants or public
employees working at land administration agencies at all levels and
commune-level cadastral civil servants who violate the order of carrying out
administrative procedures
1. Organizations or
individuals that detect civil servants or public employees of the land
administration agencies at all levels or commune-level cadastral civil servants
violating regulations on the order and procedures and terms for land
allocation, land lease, permission for change of land use purpose, land
recovery, performance of procedures for exercising the rights of land users, or
grant of the certificate, may send a petition to the following competent
persons:
a/ For violations
committed by commune-level cadastral civil servants, the petition shall be sent
to the chairperson of the commune-level People’s Committee;
b/ For violations
committed by civil servants or public employees working at a land
administration agency, the petition shall be sent to the director of the land
administration agency concerned;
c/ For violations
committed by the director of a land administration agency, the petition shall
be sent to the chairperson of the People’s Committee of the same level.
2. Within 30 days after
receiving a petition, the chairperson of the People’s Committee or the head of
the land administration agency prescribed in Clause 1 of this Article shall
consider and settle the petition and notify the result to the petitioner.
Chapter
XIV
IMPLEMENTATION
PROVISIONS
Article
210. Transitional provisions
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2. If an investor leasing
land from the State with annual rental payment for construction and commercial
operation of infrastructure of industrial parks, industrial clusters or export
processing zones has subleased out the land together with infrastructure in the
form of full one-off rental payment for the entire lease period prior to the
effective date of this Law, the investor shall pay the land rental to the State
in accordance with the Government's regulations. Those who sublease the land
have the same rights and obligations as leasing land with full one-off rental
payment for the entire lease period from the State after the investor has paid
the whole land rental to the state budget.
3. Households and
individuals that are directly engaged in agricultural production and have been
allocated or recognized land use rights or acquired agricultural land use
rights prior to the effective date of this Law, if still having demand at the
expiry of the land use term, may use the land within the term prescribed in
Clause 1, Article 126 of this Law. The land use term shall be counted from
October 15, 2013, for cases in which the land use term expires on October 15,
2013, in accordance with the 2003 Land Law; and from the expiry date of the
land allocation term, for cases in which the land use term expires after
October 15, 2013.
4. For households and
individuals that use agricultural land prior to the effective date of this Law
and have not been granted the certificate, the land use term upon the grant of
the Certificate shall be counted from the effective date of this Law.
5. For the land allocated
by the State to economic organizations to create capital for infrastructure
construction within a project, or the land obtained through the winning at
auctions of land use rights before July 1, 2004, and used by the economic
organizations with no determined land use term, the land use term will comply
with the Government’s regulations.
6. The provisions of this
Law do not apply to the projects or facilities for which the compensation,
support and resettlement have been conducted prior to the effective date of
this Law. In case the plan for compensation, support and resettlement for the
project or facilities has been approved or the compensation, support and
resettlement are being conducted in accordance with the plan approved before
the effective date of this Law, the compensation, support and resettlement must
still be conducted in accordance with the approved plan, not in accordance with
this Law.
7. Regarding cases of
land allocation, land lease, change of land use purpose or recognition of land
use rights which have been implemented before the effective date of this Law
and the land users have not fulfilled their financial obligations, the time for
calculation of land use levy or land rental shall comply with the Government’s
regulations.
8. Households and
individuals using agricultural land areas allocated in excess of the land use
quotas before the effective date of this Law, shall change to lease land in
accordance with this Law.
9. The Government shall
prescribe the handling of specific cases in which the land is used in
contravention of the land law and the cases guaranteed by land use rights
before the effective date of this Law.
Article
211. Effect
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Land Law No. 13/2003/QH11
and Resolution No. 49/2013/QH13 of June 21, 2013, of the National Assembly on extension
of the land use term for annual crops, aquaculture or salt production of
households and individuals cease to be effective on the effective date of this
Law.
2. Article 57 of Law No.
66/2006/QH11 on Vietnam Civil Aviation, Article 2 of Law No. 34/2009/QH12
Amending and Supplementing Article 126 of the Law on Housing and Article 121 of
the Land Law, Article 4 of Law No. 38/2009/QH12 Amending and Supplementing a
Number of Articles of Laws Concerning Capital Construction Investment, Article
264 of Law No. 64/2010/QH12 on Administrative Procedures, and the provisions on
land requisition in Law No. 15/2008/QH12 on Compulsory Purchase and Requisition
of Property, are hereby annulled.
Article
212. Detailing provision
The Government shall
detail the articles and clauses as assigned in this Law.
This Law was passed on
November 29, 2013, by the XIIIth National Assembly of the Socialist
Republic of Vietnam at its 6th session.-
CHAIRMAN OF THE
NATIONAL ASSEMBLY
Nguyen Sinh Hung