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THE NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 13/2003/QH11
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Hanoi, November 26, 2003
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Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No.51/2001-QH10 of December 25, 2001 of the Xth National Assembly,
the 10th session;
This Law prescribes land
management and use.
Chapter I
GENERAL PROVISIONS
Article 1.-
Regulation scope
This Law prescribes the powers
and responsibilities of the State which represents the entire-people owner of
land and uniformly manages land; the regime of land management and use; the
rights and obligations of land users.
Article 2.- Subjects
of application
The subjects of application of
this Law include:
1. The State agencies which
exercise the powers and perform the responsibilities of the representative of
the entire-people owner of land, performing the task of uniform State
management over land;
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3. Other subjects involving in
land management and/or use.
Article 3.-
Law application
1. The land management and use
must comply with the provisions of this Law. In cases where this Law does not
provide therefor, the provisions of relevant law shall apply.
2. Where the international
treaties which the Socialist Republic of Vietnam has signed or acceded to
contain provisions different from the provisions of this Law, the provisions of
such international treaties shall apply.
Article 4.- Interpretation
of terms and phrases
In this Law, the terms and
phrases below shall be construed as follows:
1. Land assignment by the State
means the State assigns the land use rights with administrative decisions to
subjects having land use demand.
2. Land lease by the State means
the State assigns the land use rights under contracts to subjects having land
use demand.
3. The State’s recognition of
the land use right for current stable land users means the granting for the
first time by the State of the land use right certificates to those persons.
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5. Land recovery means that the
State issues administrative decisions to retrieve land use rights or recover land
already assigned to organizations, commune, ward or township People’s
Committees for management according to the provisions of this Law.
6. Compensation upon land
recovery by the State means the State returns the land use right value of the
recovered land areas to persons having land recovered.
7. Support upon land recovery by
the State means the State renders assistance to persons having land recovered
through providing them with training in new jobs, with new jobs, funding for
their movement to new locations.
8. Administrative boundary
dossiers mean the dossiers in service of the State management over
administrative boundaries.
9. Administrative boundary maps
are the maps showing the administrative boundary markers and geographical and
terrain elements related to administrative boundary markers.
10. Administrative maps are the
maps showing the boundaries of administrative units enclosed with place names
and a number of major natural, economic and social elements.
11. Land plots mean the land
areas delimited by boundaries determined on the field or described on the
dossiers.
12. Cadastral dossiers mean the
dossiers in service of the State management over the land use.
13. Cadastral maps are the maps showing
land plots and relevant geographical elements, made according to commune, ward
or township administrative units, certified by competent State agencies.
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15. Land-itemizing books mean
the books compiled for every commune, ward or township unit to record land
plots and the information thereon.
16. Land change-monitoring books
mean the books compiled to monitor cases of change in land use, including
changes in land plot sizes and shapes, land users, land use purposes,
land use duration, rights and obligations of land users.
17. Land use status quo maps are
the maps expressing the disposition of land of various categories at a given
time, which are drawn according to administrative units.
18. Land use-planning maps are
the maps drawn up at the beginning of the planning period, expressing the
disposition of land of various categories at the end of the planning period.
19. Land use right registration
means the acknowledgement of the lawful land use rights over a determined land
plot in the cadastral dossiers, aiming to establish the rights and obligations
of the land users.
20. Land use right certificates
mean the certificates granted by competent State agencies to land users in
order to protect their legitimate rights and interests.
21. Land statistics means the
State sums up and evaluates on the cadastral dossiers the present land use
situation at the time of statistics and the situation of land changes between
two statistical times.
22. Land inventory means the
State sums up and evaluates on the cadastral dossiers and on the field the
present land use situation at the time of inventory and the situation of land changes
between two inventories.
23. Land use right price
(hereinafter called land price) means the money amount calculated on a land
acreage unit prescribed by the State or formulated in land use right
transaction.
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25. Land use levy means the
money amount which must be paid by land users in cases where the State assigns
land with the collection of land use levy on a determined land acreage.
26. Land disputes mean the
disputes over the rights and obligations of land users between two or more
parties in the land relations.
27. Land destruction means acts
of topographically deforming land, reducing land quality, polluting land thus
causing the loss or reduction of capability to use land according to the set
purposes.
28. Public non-business
organizations mean those organized by competent State agencies, political
organizations or socio-political organizations and having the function of
carrying out public-service activities financed by the State budget.
Article 5.-
Land ownership
1. Land belongs to the
entire-people ownership with the State acting as the owner’s representative.
2. The State exercises the right
to dispose land as follows:
a) To decide on the land use
purposes through deciding on, considering and approving land use plannings,
land use plans (hereinafter referred collectively to as land use plannings,
plans);
b) To stipulate the land
assignment norms and land use duration;
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d) To set the land prices.
3. The State performs the
regulation of benefit sources from land through land-related financial policies
as follows:
a) Collection of land use
levies, land rents;
b) Collection of land use tax,
tax on income from land use right transfer;
c) Regulation of the land value
increase not due to investment by land users.
4. The State assigns the land
use rights to land users in forms of land assignment, land lease, recognition
of land use rights for current stable land users; prescribes the rights and
obligations of the land users.
Article 6.-
State management over land
1. The State performs the
uniform management over land.
2. The contents of the State
management over land include:
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b) Determining administrative
boundaries, compiling and managing the administrative boundary dossiers,
drawing administrative maps;
c) Surveying, measuring,
evaluating and categorizing land; drawing cadastral maps, land use status quo
maps and land use planning maps;
d) Managing land use plannings
and plans;
e) Managing the land use
assignment, land lease, land recovery, change of land use purposes;
f) Registering the land use
rights, compiling and managing cadastral dossiers, granting land use right
certificates;
g) Making land statistics,
inventories;
h) Managing land-related
finance;
i) Managing and developing the
land use right transfer market in the real estate market;
j) Managing and supervising the
performance of rights and obligations of land users;
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l) Settling land disputes;
settling complaints and denunciations against violations in land management and
use;
m) Managing land-related public
service activities.
3. The State adopts policies on
investment in the performance of tasks of State management over land, builds up
a modern and fully capable land management system, ensuring the effective and
efficient management of land.
Article 7.-
The State exercises the right of representing the entire-people owner of land
and performs the uniform State management over land
1. The National Assembly
promulgates land law, decides on land use plannings and plans of the whole
country; exercises the supreme right to supervise the land management and use
nationwide.
2. The Government decides on
land use plannings and plans of the provinces and centrally-run cities and the
plannings and plans on the use of land for defense and/or security purposes;
exercises the uniform State management over land throughout the country.
The Ministry of Natural Resources
and Environment is answerable to the Government for the State management over
land.
3. The People’s Councils of all
levels exercise the right to supervise the land management and use in their
respective localities.
4. The People’s Committees of
all levels exercise the right to represent the land owner and perform the State
management over land in their respective localities according to competence
prescribed in this Law.
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Vietnam Fatherland Front, the
Front’s member organizations and citizens have the rights and responsibility to
supervise the land management and use, coordinate with State agencies in
ensuring the strict observance of the State’s regulations on land management
and use.
Article 9.-
Land users
The land users defined in this
Law include:
1. Domestic organizations,
including State agencies, political organizations, socio-political
organizations, socio-political and professional organizations, social
organizations, socio-professional organizations, economic organizations,
socio-economic organizations, public-non-business organizations, people’s armed
force units and other organizations, which, according to the Government’s
regulations (hereinafter referred collectively to as organizations) shall be
assigned or leased land or have their land use rights recognized, by the State;
and economic organizations receiving land use right transfer;
2. Domestic households and
individuals (hereinafter called households, individuals), that are assigned or
leased land, or have land use rights recognized, by the State, or receive the
land use right transfer.
3. Population communities, including
communities of Vietnamese living in the same villages, hamlets or similar
population quarters having the same customs and practices or the same descents,
that are assigned land or have the land use rights recognized, by the State;
4. Religious establishments,
including pagodas, churches, oratories, sanctuaries, monasteries, religious
training schools, head-offices of religious organizations and other religious
establishments, which have the land use rights recognized or are assigned land,
by the State;
5. Foreign organizations with
diplomatic functions, including diplomatic representation offices, consulates,
other foreign representation offices with diplomatic functions recognized by
the Vietnamese Government; representation offices of organizations within the
United Nations, inter-governmental agencies or organizations, representative
offices of inter-governmental organizations, which are leased land by the
State;
6. Overseas Vietnamese who
return to the country for investment, regular cultural or scientific activities
or return for stable settlement in the country, who are assigned or leased land
by the State, or are entitled to buy dwelling houses closely associated with
the rights to use residential land;
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Article
10.- Guarantees for land users
1. The State grants land use
right certificates to land users.
2. The State does not recognize
the reclaim of land already assigned under the State’s regulations to other
people for use in the course of implementing the land policies 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.
3. The State adopts policies to
create conditions for persons directly engaged in agricultural production,
forestry, aquaculture, salt-making to have land for production; at the same
time adopts policies on preferences for investment, job training, production
and business development, job creation for rural labor, suitable to the process
of restructuring the land use and restructuring the rural economy along the
direction of industrialization and modernization.
Article
11.- Land-using principles
The land use must ensure the
following principles:
1. Being in strict accordance
with the land use plannings and plans, and for the right land use purposes;
2. Being economical, efficient,
protecting environment and not harming the legitimate interests of land users
around;
3. The land users exercise their
rights and perform their obligations in the land use duration according to the
provisions of this Law and other relevant laws.
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The State adopts policies to
encourage land users to invest their labor, supplies, capital in, and to apply
scientific and technological achievements to, the following works:
1. Protecting, improving,
increasing the fertility of, land;
2. Virgin land reclamation, re-cultivation
on unused land, sea encroachment, putting areas of waste land, bare hills and
mountains and land with waste water surface to use;
3. Developing infrastructure to
increase the value of land.
Article
13.- Land categorization
Depending on the use purposes,
land is categorized as follows:
1. Agricultural land, including
land of the following categories:
a) Land for cultivation of
annual crops, including land for rice cultivation, pasture land for husbandry,
land for growing other annual crops;
b) Land for growing perennial
trees;
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d) Protective forest land;
e) Special-use forest land;
f) Aquaculture land;
g) Salt-making land;
h) Other agricultural land as
prescribed by the Government;
2. Non-agricultural land, including
land of the following categories:
a) Residential land, including
rural residential land and urban residential land;
b) Land for construction of
offices, non-business facilities;
c) Land used for defense and/or
security purposes;
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e) Land used for public-utility
purposes, including land for communications, irrigation; land for construction
of cultural, medical, educational and training, sport and physical training
works in service of public interests; land with historical and cultural relics,
scenic places; land for construction of other public works under the
Government’s regulations;
f) Land used by religious
establishments;
g) Land with works being
communal houses, temples, shrines, small pagodas, worship halls, ancestral
worship houses;
h) Land for cemeteries,
grave-yards;
i) River, arryo, canal, trench,
stream and special-use water surface land;
j) Other non-agricultural land
as prescribed by the Government;
3. Unused land, including
assorted land with use purposes not yet identified.
Article
14.- Grounds for determination of land categories on the field
The determination of land
categories on the field is based on the following grounds:
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2. The competent State agencies’
decisions to assign land, lease land, permit the change of land use purposes;
3. The registration for changes
of land use purposes, for cases where permission for change of land use
purposes is not required.
Article
15.- Strictly prohibited acts
The State strictly prohibits
acts of encroaching upon land; not using land, using land not for the right
purposes; violating land use plannings and/or plans already publicized;
destroying land; failing to strictly comply with law provisions when applying
land users’ rights; failing to perform or performing inadequately the
obligations and responsibilities of land users.
The State strictly prohibits
acts of abusing positions and powers, acting ultra vires or showing
irresponsibility by competent persons to act against the regulations on land
management.
Chapter II
THE STATE’S RIGHTS TO
LAND AND STATE MANAGEMENT OVER LAND
Section 1.
COMPILATION AND MANAGEMENT OF ADMINISTRATIVE BOUNDARY DOSSIERS AND ASSORTED LAND-RELATED
MAPS
Article
16.- Administrative boundaries
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The Ministry of Home Affairs
provides for the order and procedures of delimiting the administrative
boundaries, managing administrative boundary markers and dossiers.
The Ministry of Natural
Resources and Environment provides for the techniques and economic norms in
implanting administrative boundary markers and compiling administrative
boundary dossiers at all levels.
2. The People’s Committees at
all levels organize the delimitation of administrative boundaries on the field and
the compilation of administrative boundary dossiers within their respective
localities.
Article
17.- Administrative boundary dossiers
1. An administrative boundary
dossier includes:
a) The competent State agency’s
decision on the establishment of the administrative unit or the administrative
boundary adjustment (if any);
b) The administrative boundary
map;
c) The diagram on locations of
administrative boundary markers;
d) The table of coordinates of
administrative boundary markers, typical points on the administrative boundary
line;
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f) The record certifying the
description of the administrative boundary line;
g) The statistical ticket on
geographical elements related to the administrative boundary;
h) The record on the hand-over
of administrative boundary markers;
i) The statistics of documents
on administrative boundaries of the subordinate administrative units.
2. The administrative boundary
dossiers of any levels are archived at the People’s Committees of such levels,
the People’s Committees of higher levels, the Ministry of Home Affairs, the
Ministry of Natural Resources and Environment.
3. The administrative boundary
dossiers of the subordinate levels are certified by the immediate-superior
People’s Committees; the administrative boundary dossiers of the provinces and
centrally-run cities are certified by the Ministry of Home Affairs.
4. The commune/ward/township
People’s Committees have the responsibility to manage the administrative
boundary markers on the fields in their respective localities; in cases where
administrative boundary markers are removed or damaged, they must report such
in time to the People’s Committees of rural districts, urban districts,
provincial capitals or towns.
Article
18.- Administrative maps
1. The administrative maps of
any localities are drawn up on the basis of the administrative boundary maps of
such localities.
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a) The Ministry of Natural
Resources and Environment directs the drawing of the administrative maps of all
levels throughout the country and organizes the drawing of national, provincial
and municipal administrative maps;
b) The provincial/municipal
People’s Committees organize the drawing of administrative maps of rural
districts, urban districts, provincial capitals and towns.
Article
19.- Cadastral maps
1. The cadastral maps are
components of the cadastral dossiers in service of the uniform State management
over the land.
2. The Ministry of Natural
Resources and Environment directs the surveys, measurement, drawing and
management of cadastral maps nationwide.
3. The provincial/municipal
People’s Committees organize the surveys, measurement, drawing and management
of cadastral maps in their respective localities.
4. The cadastral maps are
managed and archived at the land management agencies of the provinces,
centrally-run cities, rural districts, urban districts, provincial capitals,
towns and the People’s Committees of the communes, wards, townships.
Article
20.- Land use status quo maps and land use planning maps
1. The land use status quo maps
are drawn up once every five years in association with the land inventory
prescribed in Article 53 of this Law to serve the management of land use
plannings and plans.
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The land use planning maps of
communes, wards or townships, drawn up on the cadastral maps, are called the
detailed land use planning maps.
3. The Ministry of Natural
Resources and Environment directs the surveys, measurement, drawing and
management of land use status quo maps, the land use planning maps nationwide and
organize the drawing of land use status quo maps and land use planning maps of
the whole country.
4. The People’s Committees
having the responsibility to conduct land inventories in any localities shall
have the responsibility to organize the drawing of land use status quo maps of
such localities.
The People’s Committees
having the responsibility to organize the elaboration of land use plannings of
any localities shall have the responsibility to organize the drawing of the
land use planning maps of such localities.
Section 2.
LAND USE PLANNINGS, PLANS
Article
21.- The principles for elaboration of land use plannings and plans
The elaboration of land use
plannings and plans must ensure the following principles:
1. Being compatible with the
strategies, overall plannings, plans on socio-economic development, defense and
security;
2. Being elaborated from the
whole to details; the land use plannings and plans of the subordinate levels
must be compatible with the land use plannings and plans of the superior levels;
the land use plans must conform to the land use plannings already decided on
and approved by competent State agencies;
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4. Thrifty and efficient use of
land;
5. Rational exploitation of
natural resources and environmental protection;
6. Protection and renovation of
historical and cultural relics, scenic places;
7. Democracy and publicity;
8. The land use plannings and
plans of each period must be decided, approved in the last year of the previous
period.
Article
22.- Grounds for elaboration of land use plannings, plans
1. Grounds for elaboration of
land use plannings include:
a) The strategies and overall
plannings on socio-economic development, defense and security of the whole
country; plannings on development of branches and localities;
b) The State’s socio-economic
development plans;
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d) The land use status quo and
land use demands;
e) The land use norms;
f) The scientific and
technological advances related to land use;
g) The results of implementation
of the land use plannings of the previous period.
2. Grounds for elaboration of
land use plans include:
a) The land use plannings
already decided on and approved by competent State agencies;
b) The five-year and annual
socio-economic development plans of the State;
c) The land use demands of
organizations, households, individuals, population communities;
d) The results of implementation
of the previous period’s land use plans;
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Article
23.- Contents of land use plannings, plans
1. The contents of a land use
planning include:
a) Survey, studies, analysis and
sum up of the natural, economic and social conditions and the land use status
quo; the evaluation of land potential;
b) Identification of land use
orientations and objectives in the planning period;
c) Determination of areas of
assorted land distributed for socio-economic development, defense and security
demands;
d) Determination of areas of
land to be recovered for the implementation of works, projects;
e) Determination of measures for
land use, protection and improvement and environmental protection;
f) Solutions to organize the
implementation of land use plannings.
2. The contents of a land use
plan include:
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b) The plans on recovery of
assorted land areas for distribution to infrastructure construction demands;
industrial and service development; urban and rural residential quarter
development; defense, security;
c) The plans on transfer of land
areas under wet rice and forest land to other use purposes, the restructure of
the use of land within the agricultural land;
d) The land reclamation plans to
expand land areas to be used for various purposes;
e) Details of the five-year land
use plan to every year;
f) Solutions to organize the
implementation of land use plans.
Article
24.- Land use planning, plan periods
1. The period of land use
planning of the whole country, provinces, centrally-run cities, rural
districts, urban districts, provincial capitals, towns, communes, wards or
townships is ten years.
2. The period of land use plan
of the whole country, the provinces, centrally-run cities, rural districts,
urban districts, provincial capitals, towns, communes, wards or townships is
five years.
Article
25.- Elaboration of land use plannings, plans
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2. The provincial/municipal
People’s Committees organize the elaboration of their respective local land use
plannings and plans.
3. The People’s Committees of
the rural districts of the provinces organize the elaboration of the land use
plannings and plans of their respective localities as well as the land use
plannings and plans of townships in their respective districts.
The People’s Committees of rural
and urban districts of the centrally-run cities and the People’s Committees of
the provincial capitals or towns organize the elaboration of land use plannings
and plans of their respective localities as well as land use plannings and
plans of their subordinate administrative units, except for cases prescribed in
Clause 4 of this Article.
4. The People’s Committees of
the communes not lying in the urban development planning areas in the land use
planning period organize the elaboration of land use plannings and plans of
their respective localities.
5. The land use plannings of
communes, wards or townships are elaborated in details associated to land plots
(hereinafter called the detailed land use plannings); in the course of
elaborating the detailed land use plannings, the agencies which organize the
elaboration of land use plannings must gather comments of people.
The land use plans of communes,
wards or townships are elaborated in details associated to land plots
(hereinafter called the detailed land use plans).
6. The People’s Committees have
the responsibility to organize the elaboration of land use plannings and
plans and submit them to the People’s Councils of the same level for adoption
before submitting such land use plannings and plans to competent State agencies
for consideration and approval.
7. The land use plannings and
plans must be submitted simultaneously with the socio-economic development
plans.
Article
26.- Competence to decide on, consider and approve the land use plannings
and plans
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2. The Government considers and
approves the land use plannings and plans of the provinces and centrally-run cities.
3. The provincial/municipal
People’s Committees consider and approve the land use plannings and plans of
their immediate subordinate administrative units.
4. The People’s Committees of
the rural districts, provincial capitals or towns consider and approve the
commune land use plannings and plans prescribed in Clause 4, Article 25 of this
Law.
Article
27.- Adjustment of land use plannings, plans
1. The adjustment of land use
plannings shall be made only in the following cases:
a) There is the adjustment of
socio-economic development, defense or security objectives, which has been
decided and approved by competent State agencies, and such adjustment alters
the land use structure;
b) The land use purposes,
structure, position and/or acreage have changed due to the impacts of natural
calamities or war;
c) There is the adjustment of
land use planning by the superior authorities, which directly affects the land
use planning of their own level;
d) There is the adjustment of
administrative boundaries of the localities.
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3. The contents of land use
planning adjustment constitute a part of the contents of the land use planning.
The contents of land use plan adjustment constitute a part of the contents of
the land use plan.
4. The State agencies competent
to decide, approve the land use plannings and plans of any levels shall be competent
to decide and approve the adjustment of the land use plannings, plans of such
levels.
Article
28.- Announcement of land use plannings, plans
Within no more than thirty
working days as from the date they are decided on or approved by competent State
agencies, the land use plannings and/or plans must be publicized according to
the following regulations:
1. The People’s Committees of
communes, wards or townships have the responsibility to publicize the detailed
land use plannings, the detailed land use plans of their respective localities
at their offices;
2. The land management agencies
at all levels have the responsibility to publicize the land use plannings,
plans of their respective localities at their offices and on the mass media;
3. The publicization of land use
plannings and plans at the offices of the People’s Committees and the offices
of the land management agencies shall be effected throughout the effective land
use planning, plans periods.
Article
29.- Implementation of land use plannings, plans
1. The Government shall organize
and direct the implementation of land use plannings and plans of the whole
country; examine the implementation of land use plannings and plans of the
provinces and centrally-run cities.
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The People’s Committees of the
communes, wards or townships shall organize and direct the implementation of
land use plannings and plans of their respective localities; detect and stop
acts of using land in contravention of the publicized land use plannings and/or
plans.
2. In cases where the publicized
land use plannings and/or plans cover land areas to be recovered but the State
has not yet recovered the land, paid the compensations and cleared the ground,
the land users may continue using such land for the purposes already determined
before the announcement of the land use plannings and/or plans; if the land
users no longer have the use demands, the State shall recover the land and pay
the compensations or provide supports according to the provisions of law.
The State strictly prohibits all
activities of building or investing on one’s own will immoveables in land areas
to be recovered for the implementation of land use plannings and/or plans. In
cases where there are demands to renovate, repair dwelling houses and/or
constructions affixed to the to be-recovered land, which change the sizes
and/or grades of the existing works, the permission of the competent State
agencies is required.
3. For land areas inscribed in
the publicized land use plans, which must be recovered for the execution of
projects, works or must be subject to land use purpose change and the plans
therefor have not been realized within three years, the State agencies
competent to approve the land use plans must adjust or cancel such plans and
make the announcement thereon.
Article
30.- Plannings, plans on use of land for defense, security purposes
1. The Ministry of Defense, the
Ministry of Public Security shall elaborate plannings and plans on the use of
land for defense or security purposes and submit them to the Government for
consideration and approval.
2. The Government shall specify
the elaboration, consideration and approval, adjustment and implementation of
the plannings and plans on the use of land for defense or security purposes.
Section 3.
LAND ASSIGNMENT, LAND LEASE, CHANGE OF LAND USE PURPOSES
Article
31.- Grounds for land assignment, land lease, change of land use purposes
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1. Land use plannings and/or
plans or urban construction plannings, rural population quarter construction
plannings, which have already been considered and approved by competent State
agencies;
2. Land use demands reflected in
investment projects, written applications for land assignment, land lease or
land use purpose change.
Article
32.- Assigning or leasing land being used by some one to other persons
The decisions to assign or lease
land being used by some one to other persons shall be executed only after the
issuance of decisions to recover such land.
Article
33.- Assigning land without collecting the land use levies
The State shall assign land
without collecting the land use levies in the following cases where:
1. Households and/or individuals
are directly engaged in agricultural labor, forestry, aquaculture, salt making
and assigned agricultural land within the quotas prescribed in Article 70 of
this Law;
2. Organizations use land for purposes
of research, testing, experimentation in agriculture, forestry, aquaculture or
salt making;
3. People’s armed force units
are assigned land by the State for agricultural production, forestry,
aquaculture, salt making or production in combination with defense or security
tasks;
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5. Agricultural cooperatives use
land as grounds for construction of the cooperatives’ offices, drying yards,
warehouses; the construction of service establishments in direct service of
agricultural production, forestry, aquaculture, salt making;
6. People use protective forest
land; special-use forest land; land for construction of working offices,
construction of non-business facilities prescribed in Article 88 of this Law;
land used for defense or security purposes; traffic or irrigation land; land
for construction of cultural, medical, education and training, physical
training and sport projects in service of public interests and other public
works not for business purposes; land used for cemeteries and graveyards;
7. Population communities use
agricultural land; religious establishments use non-agricultural land as
prescribed in Article 99 of this Law.
Article
34.- Assigning land with the collection of land use levies
The State shall assign land with
the collection of land use levies in the following cases where:
1. Households and individuals
are assigned residential land;
2. Economic organizations are
assigned land for use for purposes of investment in the construction of
dwelling houses for sale or lease;
3. Economic organizations are
assigned land for use for purposes of investment in the construction of
infrastructures for transfer or lease;
4. Economic organizations,
households and individuals are assigned land for use as ground for construction
of production and/or business establishments;
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6. Economic organizations are
assigned land for agricultural production, forestry, aquaculture, salt making;
7. Overseas Vietnamese are
assigned land for execution of investment projects.
Article
35.- Land lease
1. The State leases land with
the collection of annual land rents in the following cases:
a) Households and individuals
rent land for agricultural production, forestry, aquaculture, salt making;
b) Households and individuals
have the demands to continue using the agricultural land areas assigned in
excess of quotas before January 1, 1999 while the land use duration has expired
under the provisions in Clause 2, Article 67 of this Law;
c) Households and individuals
have used agricultural land in excess of land assignment quotas from January 1,
1999 to before the date this Law takes effect, excluding land areas acquired
due to the transfer of land use rights;
d) Households and individuals
rent land for use as ground for construction of production and/or business establishments,
mineral activities, production of building materials, making pottery articles;
e) Households and individuals
use land for construction of public works for business purposes;
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g) Foreign organizations with
diplomatic functions rent land for construction of working offices.
2. The State leases land with
the collection of land rents in lump sum for the whole leasing terms in the
following cases:
a) Overseas Vietnamese, foreign
organizations and individuals rent land for execution of investment projects on
agricultural production, forestry, aquaculture, salt making; for use as ground
for construction of production and/or business establishments; construction of
public works for business purposes; construction of infrastructures for
transfer or lease; for mineral activities, production of building materials,
making pottery articles; construction of dwelling houses for sale or lease;
b) Foreign organizations with
diplomatic functions rent land for construction of working offices.
Article
36.- Change of land use purposes
The change of land use purposes
among different land categories prescribed in Article 13 of this Law shall be
effected as follows:
1. Cases where the land use
purpose change requires permission of competent State agencies include:
a) Changes from land under wet
rice cultivation to land under perennial trees, forestation land, aquaculture
land;
b) Changes from special-use
forest land, protective forest land to land used for other purposes;
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d) Changes from non-agricultural
land assigned by the State without the collection of land use levies to
non-agricultural land assigned by the State with the collection of land use
levies or leased by the State;
e) Changes from non-agricultural
land other than residential land to residential land;
2. For cases of land use purpose
change other than the cases prescribed in Clause 1 of this Article, the land
users must not apply for permission of competent State agencies, but have to
register it with the offices of organizations competent to register the land
use rights (hereinafter called collectively the land use registries) of the
People’s Committees of the communes where exists the land;
3. Upon the change of land use
purposes as provided for in Clauses 1 and 2 of this Article, the land use
regimes, the rights and obligations of land users shall comply with the land
categories after the change of use purposes; the land use duration shall comply
with the provisions in Article 68 of this Law;
4. Upon the change of land use
purposes in the cases prescribed at Points c, d and e of Clause 1, this
Article, the land users must fulfill their financial obligations according to
the following regulations:
a) Paying land use levies
according to land categories after the change of use purposes, for cases of
change from protective forest land, special-use forest land, non-agricultural
land without the collection of land use levies to non-agricultural land with
the collection of land use levies;
b) Paying land use levies
according to land categories after the change of use purposes, subtracting the
land use right values of the land categories before the change of use purposes,
which are calculated at the land prices set by the State at the time of being
allowed to change the land use purposes, for cases of change from land under
annual crops, land under perennial trees, production forest land, aquaculture
land, salt-making land to non-agricultural land with the collection of land use
levies;
c) Paying land use levies
according to land categories after the change of use purposes, subtracting the
land use levies paid according to the land categories before the change of use
purposes, for cases of change from non-agricultural land other than residential
land to residential land;
d) Paying land rents according to
the land categories after the change of use purposes for cases where the land
users select forms of land renting;
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Article
37.- Competence to assign land, to lease land, to permit the change
of land use purposes
1. The People’s Committees of
the provinces and centrally-run cities shall decide to assign land, to lease,
land and permit the change of land use purposes for organizations; assign land
to religious establishments assign land, lease land to overseas
Vietnamese; lease land to foreign organizations and individuals.
2. The People’s Committees of
the rural districts, urban districts, provincial capitals or towns shall decide
on land assignment, land lease and permit the change of land use purposes for
households, individuals; assign land to population communities.
3. The People’s Committees of
the communes, wards or townships shall lease land in the agricultural land
funds for use for purposes of public utility of communes, wards or townships.
4. Agencies competent to decide
to assign land, lease land and permit the change of land use purposes, defined
in Clauses 1, 2 and 3 of this Article must not authorize others to do so.
Section 4.
LAND RECOVERY
Article
38.- Cases of land recovery
The State shall recover land in
the following cases:
1. The State uses land for the
purposes of defense, security, national interests, public interests, economic development;
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3. Land is used not for the
right purposes, is used inefficiently;
4. The land users deliberately
destroy land;
5. Land is assigned not to the
right subjects or ultra vires;
6. Land is encroached upon,
occupied in the following cases:
a) Unused land is encroached
upon, occupied;
b) Land not entitled to use
purpose change under the provisions of this Law and the land users, due to
their irresponsibility, let the land be encroached upon, occupied;
7. Individual land users die
without any heirs;
8. Land users voluntarily return
the land;
9. Land users deliberately
refuse to fulfill their obligations towards the State;
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11. Land under annual crops is
not used for twelve months in a row; land under perennial trees is not used for
eighteen months in a row; land for forestation is not used for twenty four
months in a row;
12. Land assigned or leased by
the State for execution of investment projects is not used for twelve months in
a row or the use tempo is twenty four months slower than the tempo inscribed in
the investment projects, as from the time of receiving of the land on the
field, without the permission of the agencies competent to assign or lease such
land.
Article
39.- Recovering land for use for purposes of defense, security, national
interests, public interests
1. The State shall recover land,
pay compensations, clear ground after the land use plannings and/or plans are
publicized or when the investment projects with the land use demands being in
line with the land use plannings and/or plans are considered and approved by
competent State agencies.
2. At least ninety days before
land recovery, for agricultural land, and one hundred and eighty days, for
non-agricultural land, the competent State agencies shall have to notify the
persons with land to be recovered of the reasons for recovery, time and plan
for evacuation, the overall schemes for compensations, ground clearance and
resettlement.
3. After the availability of
decisions on land recovery and schemes for compensations, ground clearance and
resettlement, which have already been considered and approved by competent
State agencies, publicized and have come into force, the persons with land to
be recovered must abide by the decisions on land recovery.
In cases where the persons with
land to be recovered refuse to abide by the land recovery decisions, the
People’s Committees competent to recover land shall issue decisions on coercive
execution of the decisions. The persons subject to coercive land recovery must
abide by the decisions on coercion and have the right to lodge their
complaints.
Article
40.- Recovering land for use for purposes of economic development
1. The State shall recover land
for use for purposes of economic development in case of investment in the
construction of industrial parks, high-tech parks, economic zones and big
investment projects as provided for by the Government.
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2. For production and/or
business projects which are compatible with the approved land use plannings,
the investors are entitled to receive the transfer of, to rent the land use
rights, to receive capital contributed with the land use rights of economic
organizations, households and/or individuals without having to carry out the procedures
for land recovery.
Article
41.- Recovery of land and management of recovered land funds
1. The State shall decide to
recover land and assign land to land fund development organizations set up by
the People’s Committees of provinces or centrally-run cities for the recovery
of land, compensations, ground clearance and direct management of the recovered
land funds, for cases where after the land use plannings and/or plans are
publicized but no investment projects are available.
2. The State shall recover land,
pay compensations, clear the ground and assign land to investors for execution
of projects, for cases where there have been investment projects already
considered and approved by competent State agencies.
3. The agencies competent to
recover land shall conduct the land recovery for cases prescribed in Clauses 2,
3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Article 38 of this Law and assign the
recovered land in rural areas to the commune People’s Committees for
management, assign the recovered land in urban areas and regions already
planned for urban development to land fund development organizations for
management.
Article
42.- Compensations, resettlement for people with land to be recovered
1. The State shall recover land from
land users who have the land use right certificates or are eligible to be
granted the land use right certificates as provided for in Article 50 of this
Law, the persons with land to be recovered shall be compensated therefor,
except for cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of
Article 38 and Points b, c, d, e and g, Clause 1, Article 43 of this Law.
2. The persons with land to be
recovered shall be compensated with the assignment of new land of the same use
purposes; if having no land for compensations, shall be compensated with the
land use right value at the time of issuance of the recovery decisions.
3. The People’s Committees of
the provinces and centrally-run cities shall elaborate and execute resettlement
projects before the land recovery for compensations with dwelling houses,
residential land for persons having residential land recovered and having to
move their places of residence. The resettlement zones shall be planned
generally for many projects in the same geographical areas and must have
development conditions being equal to or better than the conditions in the
former places of residence.
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4. In case of recovering land of
households and/or individuals, that are directly engaged in production, but
having no land for compensation for continued production, apart from pecuniary
compensations, the persons having land recovered shall be supported by the
State to stabilize their lives, with training for change of their production
and/or business lines, with the arrangement of new jobs.
5. In cases where land users who
are compensated by the State upon the recovery of their land have not yet
fulfilled their land-related financial obligations according to law provisions,
the value of the unfulfilled financial obligations must be subtracted from the
value of compensation and support.
6. The Government shall
stipulate the compensations and resettlement for the persons having land
recovered and the support for implementation of land recovery.
Article
43.- Cases of land recovery without compensations
1. The State shall recover land
without making land compensation in the following cases:
a) The land is recovered in
cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Article 38
of this Law;
b) Protective forest land;
special-use forest land; land for construction of working offices, non-business
projects; land used for defense or security purposes; traffic or irrigation
land; land for construction of cultural, medical, educational and training,
physical training and sport projects as well as other public works not for
business purposes; land for cemeteries, graveyards;
c) Agricultural land used by
population communities;
d) Land assigned by the State
with the collection of land use levies, acquired by the land use right transfer
and the land use levies or land use right transfer money originate from the
State budget;
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f) Cases ineligible for the
granting of land use right certificates as prescribed in Article 50 of this
Law;
g) Agricultural land used for
purposes of public utility of communes, wards or townships.
2. Upon the land recovery by the
State, the persons having land recovered shall not be compensated for the
assets affixed to the land in the following cases:
a) The assets affixed to land
are created in the recovered land areas after the land use planning and/or
plans, urban construction plannings and/or rural population quarter
construction plannings have already been publicized, without the permission of
the competent State agencies;
b) The assets affixed to land
are created before the issuance of land recovery decisions, in contravention of
the land use purposes already determined in the land use plannings and/or plans
at the time of building such works;
c) The land is recovered in the
cases prescribed in Clauses 4, 6, 7 and 10 of Article 38 of this Law.
3. Persons having land
recovered, who are defined in Clause 1 but do not fall under Clause 2 of this
Article, shall be compensated for the losses of assets affixed to the recovered
land.
4. The Government shall
stipulate the handling of land use levies, land rents and assets already
invested on the land in cases of land recovery prescribed in Clause 2, 3, 5, 8,
9, 11 and 12 of Article 38 of this Law.
Article
44.- Competence to recover land
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2. The People’s Committees of rural
districts, urban districts, provincial capitals or provincial towns shall
decide to recover land from households, individuals, population communities or
overseas Vietnamese being subjects entitled to buy dwelling houses closely
associated with the rights to use residential land in Vietnam.
3. The State agencies competent
to recover land as defined in Clauses 1 and 2 of this Article must not
authorize others to do so.
Article
45.- Acquisition of land for a given duration
1. The State shall effect
definite acquisition of land in cases of urgent demands of wars, natural
calamities or in other emergency circumstances.
Upon the expiry of the land
acquisition duration or the attainment of the acquisition purposes, the State shall
return land and pay compensations for damage caused by the land acquisition to
persons subject thereto.
2. The Government shall specify
the land acquisition.
Section 5.
REGISTRATION OF LAND USE RIGHTS, COMPILATION AND MANAGEMENT OF CADASTRAL
DOSSIERS, GRANTING OF LAND USE RIGHT CERTIFICATES, LAND TATISTICS AND INVENTORY
Article
46.- Registration of land use rights
The registration of land use
rights shall be effected at land use right registries in the following cases:
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2. The land users exchange,
transfer, inherit, donate, lease, sublease the land use rights; mortgage,
provide guarantee or contribute capital with the land use right under the
provisions of this Law;
3. The land use right
transferees;
4. The land users who have been
already granted the land use right certificates and are permitted by competent
State agencies to change their names, change the land use purposes, change the
land use duration or the boundaries of land plots alter;
5. The persons who are entitled
to use land under judgements or decisions of People’s Courts, judgement
execution decisions of judgement execution bodies, land dispute settlement
decisions of competent State agencies, which have already been executed.
Article
47.- Compilation and management of cadastral dossiers
1. The cadastral dossiers shall
include:
a) Cadastral maps;
b) Cadastral books;
c) Land-itemizing books;
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2. The contents of cadastral
dossiers shall contain the following information on land plots:
a) Serial numbers, sizes,
shapes, acreage, locations;
b) Land plot users;
c) Origin, use purposes and
duration;
d) Land prices, assets affixed
to land, land-related financial obligations already performed and not yet
performed;
e) Land use right certificates,
rights of, and restrictions on the rights of land users;
f) Fluctuations in the land use
courses and other relevant information.
3. The Ministry of Natural
Resources and Environment shall prescribe the cadastral dossiers and guide the
compilation, adjustment and management thereof.
Article
48.- Land use right certificates
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In cases where there exist
assets affixed to land, such assets shall be acknowledged in the land use right
certificates; the asset owners must register their property ownership according
to law provisions on real estate registration.
2. The land use right certificates
shall be issued by the Ministry of Natural Resources and Environment.
3. Land use right certificates
shall be issued for every land plots.
In cases where the land use rights
constitute the common property of the husband and the wife, the land use right
certificates must be inscribed clearly with the full names of both the husband
and the wife.
In cases where a land plot is
used jointly by many individuals, households and/or organizations, the land use
right certificate shall be issued to each co-user being individual, household
and/or organization.
In cases where a land plot is
under the common use right of a population community, the land use right
certificate shall be granted to the population community and handed to the
lawful representative of such population community.
In cases where a land plot is
under the common use right of a religious establishment, the land use right
certificate shall be granted to such religious establishment and handed to the
top responsible person of such religious establishment.
The Government shall specify the
granting of land use right certificates for condominiums and agencies’
lodgements.
4. In cases where the land users
have already been granted land use right certificates or certificates of the
rights to own dwelling houses and to use land in urban centers, they shall not
have to change such certificates for the land use right certificates under the
provisions of this Law. Upon land use right transfer, the land use right
transferees shall be granted the land use right certificates according to the
provisions of this Law.
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The State shall grant land use
right certificates to the following cases:
1. The persons who are assigned
or leased land by the State, except for case of renting agricultural land for
use for purposes of public utility of communes, wards or townships;
2. The persons who are assigned
or leased land by the State from October 15, 1993 to before the date this Law
takes implementation effect but have not yet been granted the land use right
certificates;
3. The persons who are using
land under the provisions in Articles 50 and 51 of this Law and have not yet
been granted the land use right certificates;
4. The persons who are entitled
to exchange, to be transferred, to inherit, to be presented or donated with,
the land use rights; the persons who are transferred the land use right upon
the handling of contracts on mortgage or guarantee with the land use rights to
recover debts; land-using organizations which are legal persons newly
formulated through capital contribution with the land use rights by the
parties;
5. The persons who are entitled
to use land under judgements or decisions of People’s Courts, judgement
execution decisions of judgement execution bodies or land dispute settlement
decisions of competent State agencies, which have been already executed;
6. The winners at auctions on
the land use rights or bidding for projects involving land use;
7. The land users defined in
Articles 90, 91 and 92 of this Law;
8. The purchasers of dwelling
houses affixed to residential land;
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Article
50.- Granting land use right certificates to households, individuals or
population communities, that are currently using land
1. Households and individuals,
that are using land in a stable manner, with certification by
commune/ward/township People’s Committees that it is free from disputes, and
have one of the following papers shall be granted land use right certificate
and must not pay the land use levies:
a) The papers on the right to
use land before October 15, 1993, issued by competent agencies in the course of
implementing the land policies of the Democratic Republic of Vietnam State, the
Provisional Revolutionary Government of the Republic of South Vietnam or the
Socialist Republic of Vietnam State;
b) The temporary land use right
certificates issued by competent State agencies or having one’s names in the
land registers, cadastral books;
c) The lawful papers on
inheritance, presentation or donation of land use right or assets affixed to
land; papers on hand-over of gratitude houses affixed to land;
d) Papers on transfer of land
use rights, on purchase and sale of dwelling houses affixed to residential land
before October 15, 1993, and now being certified by commune/ward/township
People’s Committees as having been used before October 15, 1993;
e) Papers on sale at liquidation
or discount prices of dwelling houses affixed to residential land according to
law provisions;
f) Papers granted by competent
agencies of former regimes to land users.
2. Households and individuals,
that are using land and have one of the papers prescribed in Clause 1 of this
Article, which are inscribed with the names of other persons, and papers on the
land use right transfer, which are signed by the involved parties, but that,
before the date this Law takes implementation effect, have not yet carried out
the procedures for the land use right transfer under the provisions of law and
now get the certification of the commune/ward/or township People’s Committee
that such land is free from disputes, shall be granted the land use right
certificates and must not pay the land use levies.
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4. Households and individuals,
that are using land without any papers prescribed in Clause 1 of this Article
but the land has been used in a stable manner before October 15, 1993, is now
certified by commune/ward/district township People’s Committees as being free
from disputes and compatible with the approved land use plannings for areas
where the land use plannings are available, shall be granted the land use right
certificates and must not pay the land use levies.
5. Households and individuals,
that are entitled to use land under judgements or decisions of People’s Courts,
judgement execution decisions of judgement execution bodies or land dispute
settlement decisions of competent State agencies, which have been already
executed, shall be granted the land use right certificates after they fulfill
the financial obligations as provided for by law.
6. Households and individuals, that
are using land without any papers prescribed in Clause 1 of this Article but
the land has been used from October 15, 1993 to before the date this Law takes
implementation effect and is now certified by commune/ward/ township People’s
Committees as being free from disputes and compatible with the approved land
plannings, for areas where the land use plannings are available, shall be
granted the land use right certificates and must pay the land use levies
according to the Government’s regulations.
7. Households and individuals
currently using land, that have been assigned or leased land by the State from
October 15, 1993 to before the date this Law takes implementation effect and
have not yet been granted the land use right certificates, shall be granted the
land use right certificates; in cases where they have not yet fulfilled the
financial obligations, they must fulfill them as provided for by law.
8. The population communities
which are using land with works being communal houses, temples, shrines, secluded
huts, ancestral worshipping houses shall be granted the land use right
certificates when the following conditions are met:
a) They file written
applications for the granting of land use right certificates;
b) They are given certification
by commune/ward/township People’s Committees that the land is used commonly for
the communities and free from disputes.
Article
51.- Granting land use right certificates to organizations, religious
institutions, which are using land
1. Organizations which are using
land shall be granted the land use right certificates for the land areas used
for the right purposes and with efficiency.
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a) The State shall recover the
land areas left unused, used not for the right purposes or used inefficiently;
b) Organizations must hand over
the land areas already used as residential land to the People’s Committees of
rural districts, urban districts, provincial capitals or provincial towns for
management; in cases where the State enterprises engaged in agricultural
production, forestry, aquaculture or salt making and assigned land by the State
but such enterprises have permitted households and/or individuals to use part
of the land fund as residential land, they must rearrange the residential land
areas into population quarters and submit them to the People’s Committees of
provinces or centrally-run cities where exist the land for consideration and
approval before they are handed over to the localities for management.
3. For economic organizations
which select form of land rent, the provincial/municipal land-management
agencies shall carry out procedures for signing land-renting contracts before
granting the land use right certificates.
4. Religious establishments
which are using land shall be granted land use right certificates when the
following conditions are met:
a) The religious establishments
are permitted to operate by the State;
b) There are written requests of
the religious organizations, which possess such religious establishments;
c) There are certifications of
the land use demands of such religious establishments by the People’s
Committees of the communes, wards or township where exists the land.
Article
52.- Competence to grant land use right certificates
1. The People’s Committees of
the provinces or centrally-run cities shall grant land use right certificates
to organizations, religious establishments, overseas Vietnamese, foreign
organizations and individuals, except for the cases prescribed in Clause 2 of
this Article.
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3. The agencies competent to
grant land use right certificates, defined in Clause 1 of this Article, may
authorize the land management agencies of the same level to do so.
The Government shall prescribe
the conditions for authorization of the granting of land use right
certificates.
Article
53.- Land statistics and inventories
1. Land statistics and
inventories shall be carried out according to the following regulations:
a) Units conducting land
statistics and inventories shall be communes, wards and townships;
b) The land statistics shall be
carried out once a year;
c) The land inventories shall be
carried out once every five years.
2. Responsibilities to conduct
land statistics and inventories are prescribed as follows:
a) The People’s Committees at
all levels shall organize the land statistics and inventories in their
respective localities;
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c) The Ministry of Natural
Resources and Environment shall send sum-up reports to the Government on the
results of annual land statistics, the results of five-year land inventories of
the whole country;
d) The Government shall report
to the National Assembly on the five-year land inventory results simultaneously
with the five-year land use plans of the whole country.
3. The Ministry of Natural
Resources and Environment shall prescribe the statistical and inventory forms
and guide the methods of land statistics and inventories.
Section 6.
LAND-RELATED FINANCE AND LAND PRICES
Article
54.- Sources of State budget revenues from land
1. The sources of State budget
revenues from land shall include:
a) Land use levies in cases of
land assignment with the collection of land use levies, change of land use
purposes from the land assigned by the State without the collection of land use
levies to the land assigned by the State with the collection of land use
levies, change from the form of land lease to the form of land assignment by
the State with the collection of land use levies;
b) Land rents, for land leased
by the State;
c) Land use tax;
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e) Money collected from
sanctioning of violations of land legislation;
f) Compensations paid to the
State when damage is caused in land management and use;
g) Land management and use
charges and fees.
2. The Government shall
stipulate the collection of land use levies, land rents, fines on violations of
land legislation, compensations paid to the State when damage is caused in land
management and use.
Article
55.- Land prices
Land prices shall be formed in
the following cases:
1. They are set by the
provincial/municipal People’s Committees as provided for in Clauses 3 and 4 of
Article 56 of this Law;
2. The land use rights are put
up for auction or the projects involving land use are open to bidding;
3. The land prices are agreed
upon between the land users and the involved persons upon the exercise of the
right to transfer, lease or sublease the land use rights; to contribute capital
with the land use rights.
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1. The setting of land prices by
the State must ensure the following principles:
a) They are close to the actual
prices of land use right transfer on the market under normal conditions; in
case of big differences as compared to the actual prices of land use right
transfer in the market, appropriate adjustment must be made;
b) Land plots which are adjacent
to each other, share the same natural, economic, social, infrastructural
conditions, have the same current use purposes, the same use purposes according
to plannings shall have the same price levels;
c) Land in areas bordering on
provinces and/or centrally-run cities, which share the natural and
infrastructural conditions, has the same current use purposes, the same use
purposes under plannings shall have the same price levels.
2. The Government shall
stipulate the methods of determining the land prices; the price frames for
various land categories in each region and each period; cases where the
land prices must be adjusted and the handling of adjacent-land price
differences between provinces and/or centrally-run cities.
3. Basing themselves on the land
price-determining principles prescribed in Clause 1 of this Article, the land
price-determining methods and assorted-land price brackets prescribed by the
Government, the provincial/municipal People’s Committees shall formulate the
specific land prices in their respective localities and submit them to the
People’s Councils of the same level for comments before making decisions
thereon.
4. The land prices prescribed by
the provincial/municipal People’s Committees shall be publicized on January 1
every year and used as basis for calculation of land use tax, income tax on
land use right transfer; calculation of land use levies and land rents when
land is assigned or leased without going through auctions of land use rights or
bidding for projects involving the land use; calculation of land use right
value when land is assigned without the collection of land use levies,
registration fees, compensations upon land recovery by the State; calculation
of compensations by people who have committed acts of violating land
legislation and causing damage to the State.
Article
57.- Land price consultancy
1. Organizations which are fully
qualified, capable and permitted to provide services on land prices may provide
land price consultancy.
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3. The consulted land prices
shall be used for reference in the State management over land-related finance
and in the land use right-related transaction activities.
Article
58.- Auction on land use rights, bidding for projects involving land use
1. The State shall assign land
with the collection of land use levies, lease land in forms of land use right
auction or bidding for projects involving the land use in the following cases:
a) Investment in the
construction of dwelling houses for sale or lease;
b) Investment in the
construction of infrastructures for transfer or lease;
c) Use of land funds to create
capital for investment in the construction of production and/or business
establishments;
d) Lease of land in the
agricultural land funds, which is used for public-utility purposes, for
agricultural production, forestry, aquaculture or salt making;
e) Other cases prescribed by the
Government.
2. Conducting auctions of land
use rights for execution of judgements, handling of contracts on mortgage of,
or guarantee with, the land use rights, for debt recovery.
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4. The auctions of the land use
rights or bidding for projects involving land use, which are prescribed in
Clauses 1 and 2 of this Article shall comply with the law provisions on
auctions and bidding.
Article
59.- The land use right value in the property of the organizations assigned
land by the State without the collection of land use levies and in the property
of State enterprises
1. For organizations assigned
land by the State without the collection of land use levies, the land use right
value shall be calculated into the value of property assigned to such
organizations; the organizations assigned land have the responsibility to
preserve the land funds.
2. The State enterprises which
are assigned land by the State with the collection of land use levies or transferred
the land use rights and the paid land use levies or land use right transfer
money have originated from the State budget, such money amounts shall be
inscribed in the value of the State’s capital at the enterprises; the
enterprises have the responsibility to preserve the land funds.
3. Upon the equitization of
State enterprises for cases prescribed in Clause 2 of this Article where the
equitized enterprises select the form of land assignment with the collection of
land use levies, the value of the rights to use such land must be determined to
be close to the actual land use right transfer prices on the market.
4. The Government shall specify
the calculation of the land use right value for the cases prescribed in Clauses
1, 2 and 3 of this Article.
Article
60.- Exemption, reduction of land use levies, land rents
1. Land users who are assigned
land by the State with the collection of land use levies or leased land, shall
be entitled to exemption or reduction of land use levies or land rents in the
following cases:
a) Land is used for the purposes
of production and/or business in domains or geographical areas entitled to
investment preferences;
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c) The policies on dwelling
houses and/or residential land are implemented for people with meritorious
services to the revolution, poor households, ethnic minority people in regions
being under exceptionally difficult socio-economic conditions;
d) Factories, enterprises must
be relocated under plannings;
e) Land is used for construction
of condominiums for workers in industrial parks, students’ dormitories,
dwelling houses for people who must be relocated due to natural calamities;
f) Other cases prescribed by the
Government.
2. The Government shall specify
the exemption and reduction of land use levies and/or land rents.
Section 7.
LAND USE RIGHTS IN THE REAL ESTATE MARKET
Article
61.- Land is entitled to participate in the real estate market
Land entitled to participate in
the real estate market shall cover:
1. The land for which this Law
permits the land users to have one of the rights to exchange, transfer, lease,
sublease, inherit, present or donate the land use rights; to mortgage, provide
guarantee or to contribute capital with, the land use rights;
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Article
62.- Conditions for land to participate in the real estate market
Land shall be entitled to participate
in the real estate market if the users of such land satisfy all the conditions
prescribed in Clause 1, Article 106 of this Law.
For cases where land is assigned
or leased by the State for execution of investment projects, investment must be
made in the land in strict accordance with the projects already approved by
competent State agencies.
Article
63.- Land management in the development of real estate market
The State shall manage land in
the development of real estate market through the following measures:
1. Organizing the registration
of land use right transaction activities;
2. Organizing the registration
of activities of land fund development, investment in the construction of real
property for business;
3. Organizing the registration
of activities of providing services in support of the real estate market;
4. Protecting the legitimate
rights and interests of the people participating in land use right transactions
in the real estate market;
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Section 8.
ORGANIZING LAND MANAGEMENT AGENCIES
Article
64.- Land management agencies
1. The organizational system of
the land management agencies is established uniformly from the central to
grassroots levels.
2. The agency exercising the
State management over the land at the central level is the Ministry of Natural
Resources and Environment.
The local land management
agencies are set up in the provinces, centrally-run cities; rural districts,
urban districts, provincial capitals and provincial towns.
The land management agencies at
any level are attached to the State administrative agencies at such level.
The local land management
agencies have offices for land use right registration, which are public-service
agencies performing the function of managing the original cadastral dossiers,
uniformly correcting and editing the cadastral dossiers, serving the land users
in exercising their rights and performing their obligations.
Article
65.- Cadastral officials of communes, wards and townships
1. Communes, wards and townships
have their land administration officials.
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3. The commune/ward/district
township cadastral officials are appointed and dismissed by the People’s
Committees of rural districts, urban districts, provincial capitals, provincial
towns.
Chapter
III
REGIME OF USING LAND OF
ASSORTED CATEGORIES
Section 1.
LAND USE DURATION
Article
66.- Land for long-term stable use
Land users may use land for
stable long terms in the following cases:
1. Protective forest land,
special-use forest land;
2. Agricultural land used by population
communities prescribed in Clause 4, Article 71 of this Law;
3. Residential land;
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5. Land for construction of
working offices, non-business works prescribed in Article 88 of this Law;
6. Land used for defense,
security purposes;
7. Land used by religious
establishments prescribed in Article 99 of this Law;
8. Land with works being
communal houses, temples, shrines, secluded huts, ancestral worshipping houses
thereon;
9. Traffic and irrigation land;
land for construction of cultural, medical, education and training, physical
training and sport facilities in service of public interests and other public
works not for business purposes; land with historical- cultural relics, scenic
places;
10. Land for cemeteries,
graveyards.
Article
67.- Land with definite use durations
Land users may use land for
definite terms in the following cases:
1. The duration of assignment of
annual crop land, aquaculture land, salt- making land to households or
individuals for use as prescribed in Clauses 1 and 4, Article 70 of this Law is
twenty years; the duration of assignment of perennial- tree land,
production forest land to households or individuals for use as prescribed in
Clauses 2, 3 and 4, Article 70 of this Law is fifty year.
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The duration of land assignment
or land lease is counted from the date of issuance of land assignment or land
lease decisions of competent State agencies; in cases where land had been
assigned or leased before October 15, 1993, the land assignment or lease
duration is counted from October 15, 1993.
Upon the expiry of such
duration, the land users shall continue to be assigned or leased land by the
State if they have the demands for the continued use thereof, strictly observe
the land legislation in the course of land use and the use of such land is in
line with the approved land use plannings;
2. The use duration for the
agricultural land areas in excess of the assigned norms before January 1, 1999
is equal to half of the duration prescribed in Clause 1 of this Article, then
later the users must shift to lease the land;
3. The land assignment or lease
duration for economic organizations for use for the purposes of agricultural
production, forestry, aquaculture, salf-making; for economic organizations,
households and/or individuals for use as ground for construction of production
and/or business establishments; for economic organizations to execute
investment projects; overseas Vietnamese and foreign organizations and
individuals for execution of investment projects in Vietnam, shall be
considered and decided on the basis of investment projects or the written
applications for land assignment or lease, but shall not exceed fifty years;
for projects with large investment capital but slow capital recovery, projects
on investment in geographical areas being under difficult socio-economic
conditions or geographical areas being under exceptionally difficult
socio-economic conditions, which require longer duration, the land assignment
or lease duration shall not exceed seventy years.
Upon the expiry of such
duration, the land users shall be considered by the State for extension of land
use duration if they have demands for the continued use thereof, strictly
observe the land legislation in the course of land use and the use of such land
is in line with the approved land use plannings;
4. The land lease duration for
construction of working offices of foreign organizations with diplomatic
functions as provided for in Clause 5, Article 9 of this Law shall not exceed
ninety nine years.
Upon the expiry of such
duration, the foreign organizations with diplomatic functions shall be
considered by the Vietnamese State for the extension thereof or for lease of
other land areas if they have land use demands;
5. The duration of leasing land
in the agricultural land fund for use for purposes of public utility of
communes, wards or district townships does not exceed five years; in cases
where land had been leased before January 1, 1999, the land lease duration is
determined according to the land lease contracts.
Article
68.- Land use duration upon change of land use purposes
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a) In case of changing
protective forest land, special-use forest land for other use purposes, the
duration shall be determined according to the duration of the land category
after the change of land use purposes. The land use duration is counted from
the time the land use purposes are changed;
b) In case of change from land
under annual crops, land under perennial trees, production forest land,
aquaculture land or salt-making land to land for planting of protection
forests, special-use forests, households and individuals may use such land for
stable long terms;
c) In case of changing use
purposes between land categories including annual crop land, perennial tree
land, production forest land, aquaculture land, salt-making land, the
land-using households and individuals may continue using such land according to
the duration of land assignment or lease.
Upon the expiry of the duration,
the land-using households and individuals shall continued to be assigned or
leased land by the State if they have the demands for the continued use
thereof, strictly observe the land legislation in the course of land use and
such land use is in line with the approved land use plannings;
d) In case of changing
agricultural land for use for non-agricultural purposes, the land use duration
shall be determined according to the duration of the land categories after the
use purpose change. The land use duration is counted from the time the land use
purpose is changed;
e) In case of changing the use
purpose from non-agricultural land with stable long-term use into
non-agricultural land with definite use terms or from non-agricultural land with
definite use terms into non-agricultural land with stable long-term use, the
households and individuals are entitled to use such land for stable long terms.
2. The land use duration for economic
organizations, overseas Vietnamese, foreign organizations and individuals, that
execute investment projects outside the industrial parks or high-tech parks,
when changing land use purposes, shall be determined according to the
investment projects prescribed in Clause 3, Article 67 of this Law.
3. Economic organizations
changing the use purpose from non-agricultural land with stable long-term use
into non-agricultural land with definite use terms or from non-agricultural
land with definite use terms into non-agricultural land with stable long-term
use are entitled to use such land for stable long terms.
Article
69.- Land use duration upon the receipt of land use right transfer
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2. The transferees of land use
right for types of land entitled to stable long-term use are entitled to use
such land for stable long terms.
Section 2.
AGRICULTURAL LAND
Article
70.- Assignment quotas of agricultural land
1. The assignment quota of
annual crop land, aquaculture land, salt-making land for each household or
individual shall not exceed three hectares for each land category.
2 The assignment quota of
perennial tree land for each household or individual shall not exceed ten
hectares for delta communes, wards and townships; not exceed thirty hectares
for midland and mountainous communes, wards and townships.
3. The assignment quota of
protection forest land, production foreign land for each household or
individual shall not exceed thirty hectares for each land category.
4. In cases where households
and/or individuals are assigned land of different categories, including annual crop
land, aquaculture land, salt-making land, the total land assignment quota shall
not exceed five hectares.
In cases where households or
individuals are additionally assigned perennial tree land, the perennial tree
land quota shall not exceed five hectares for delta communes, wards or
townships; not exceed twenty five hectares for mid-land, mountainous communes,
wards or district towns.
In cases where households or
individuals are additionally assigned protection forest land, the total
production forest land assignment quota shall not exceed twenty five hectares.
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6. The Government shall specify
land assignment quotas for each land category in each region.
Article
71.- Agricultural land used by households, individuals and/or population
communities
1. The agricultural land used by
households or individuals includes the agricultural land assigned or leased by
the State; agricultural land acquired through the rent of land use rights of
organizations, other households and/or individuals; land with the land use
rights transferred, inherited, presented or donated under the provisions of
law.
2. The use of agricultural land
assigned by the State to households, individuals is prescribed as follows:
a) Households and individuals,
that have been assigned land before this Law takes implementation effect are
entitled to continue using the land for the remaining land assignment duration;
b) For localities where land has
not yet been assigned to households and individuals under the provisions of
land legislation, the People’s Committees of the communes, wards or townships
where land exists shall elaborate land assignment schemes and propose the
People’s Committees of rural districts, urban districts, provincial capitals or
towns to decide on the land assignment;
c) For localities where the
People’s Committees of all levels have guided households and individuals to
negotiate land adjustment for one another in the course of implementing the
land policies and legislation before October 15, 1993, that have, so far, used
the land in a stable manner, such households and individuals shall continue
using such land;
d) The land use duration for
cases prescribed at Points a, b and c of this Clause shall be determined in
accordance with the provisions in Clause 1, Article 66 and Article 67 of this
Law.
3. The limits for reception of
transfer of the agricultural-land use rights of households and individuals
shall be submitted by the Government to the National Assembly Standing
Committee for decision.
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a) Land assigned by the State to
population communities for use to conserve the national identities in
association with the customs and practices of various ethnic minority groups;
b) The population communities
assigned agricultural land have the responsibility to protect the assigned land
areas, may use land for agricultural production in combination with aquaculture
and must not use such land for other purposes.
Article
72.- Agricultural land used for public-utility purposes
1. Based on the land fund,
characteristics and demands of the locality, each commune, ward or township may
set up its own agricultural land fund for use for public utility purposes,
which must not exceed 5% of the total land areas under annual crops, perennial
trees or aquaculture, in service of the public-utility demands of the locality.
Agricultural land with the land
use rights returned, presented or donated to the State by organizations,
households and/or individuals, reclaimed land and recovered agricultural land
constitute sources for formation or supplementation of the agricultural land
funds for use for purposes of public utility of communes, wards or townships.
For localities where the
agricultural land funds used for public-utility purposes exceed 5%, the excessive
land areas shall be used for construction or for compensation when other land
areas are used for construction of public works of the localities; or be
assigned to households and individuals directly engaged in agricultural
production and/or aquaculture in the localities, that have not yet been
assigned land or have lacked land for production.
2. The agricultural land funds
used for public-utility purposes of communes, wards or townships shall be used
for construction or compensation when other land areas are used for
construction of public works of the localities; be leased to households and
individuals in the localities for agricultural production and/or aquaculture
and shall be used for other purposes according to the Government’s regulations.
Proceeds from leasing land in
the agricultural land funds used for public-utility purposes must be remitted
into the State budget managed by the commune/ward/township People’s Committees,
and shall be used only for the public-utility demands of the communes, wards or
townships according to law provisions.
3. The use of agricultural land
funds for public-utility purposes of communes, wards or townships shall be
managed by the People’s Committees of the communes, wards or townships where
the land exists.
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1. Economic organizations which
have demands to use land for agricultural production, forestry, aquaculture
and/or salt making shall be considered by the State for land assignment with
the collection of land use levies or land lease with the collection of annual
land rents.
Overseas Vietnamese who have
projects of investment in the fields of agriculture, forestry, aquaculture
and/or salt making, which have already been examined and approved by competent
State agencies, shall be assigned land by the State with the collection of land
use levies or leased land with land rents collected in lump sum for the whole
leasing terms or leased land with the land rents collected annually, for
execution of investment projects.
Foreign organizations and/or
individuals that have projects of investment in the fields of agriculture,
forestry, aquaculture, salt making, which have been already examined and
approved by competent State agencies shall be leased land by the State with
land rents collected in lump sum for the whole leasing terms or collected
annually, for the execution of their investment projects.
2. The State enterprises which
had been assigned land by the State without the collection of land use levies
for use for the purposes of agricultural production, forestry, aquaculture
and/or salt making before January 1, 1999 must shift to lease land or shall be
assigned land with the collection of land use levies.
3. For organizations which have
been assigned land for use for purposes of agricultural production, forestry,
aquaculture and/or salt making, but have not used such land or have used the
land not for the right purposes or inefficiently, the State shall recover the
land for assignment to localities for use as provided for by this Law.
Article
74.- Land used exclusively for wet rice cultivation
1. The State shall adopt
policies to protect the land used exclusively for wet rice cultivation,
restricting the change of wet rice land for use for non-agricultural purposes.
In case of necessity to change part of the land areas under wet rice for other
use purposes, the State shall take measures to supplement the land areas or
increase the use efficiency of wet rice land.
The State shall adopt policies
to support and/or invest in the infrastructure construction, the application of
modern science and technologies to regions planned for wet rice cultivation
with high productivity and quality.
2. Wet rice land users have the
responsibility to transform and increase the fertility of the land; must not
change to use the land for the purposes of perennial tree planting,
forestation, aquaculture and non-agricultural purposes, if not so permitted by
competent State agencies.
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1. Production forest land shall
be assigned or leased with land rents collected annually by the State to
economic organizations, households and individuals for use for purposes of
forestry production.
Production forest land shall be
assigned or leased with land rents collected in lump sum for the whole leasing
terms or collected annually to overseas Vietnamese for execution of investment
projects for forestry production.
Production forest land shall be
leased by the State with land rents collected in lump sum for the whole leasing
terms or collected annually to foreign organizations and individuals for
execution of investment projects for forestry production.
2. Economic organizations,
households and individuals, that have been assigned or leased production forest
land, may use the land areas not yet covered with forests for planting forests
or perennial trees.
3. Economic organizations,
overseas Vietnamese, foreign organizations and individuals, that use production
forest land, may combine the use with business in sight-seeing and
ecological-environmental tourism under forest coverage.
4. Concentrated-production
forest land in areas far from population quarters, which cannot be assigned
directly to households and individuals, shall be assigned by the State to
organizations for protection and development of forests in combination with
agricultural production, forestry and/or aquaculture.
Article
76.- Protection forest land
1. The protection forest land
shall include:
a) Head-water protection forest
land;
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c) Anti- sea tide, sea
encroachment protection forest land;
d) Ecological environment
protection forest land.
2. The State shall assign the
head-water protection forest land to protection forest- managing organizations
for management, protection and development of forests.
3. The protection forest-
managing organizations shall contract head-water protection forest land to
households and/or individuals living there for protection and development of
the forests. The People’s Committees of districts, provincial capitals or
provincial towns shall assign residential land, agricultural production land to
such households and individuals for use.
4. Protection forest land which has
not yet been managed by any organizations and land planned for protection
forest planting shall be assigned to organizations, households and individuals
therein, that have demands and capability to protect and develop the forests.
5. The provincial/municipal
People’s Committees shall decide to permit economic organizations which are
leased protection forest land in the regions to combine the use thereof with
business in sight-seeing, ecological environment tourism under forest coverage.
6. The Government shall specify
the assignment and contracting of protection forest land; the rights,
obligations and interests of organizations, households and individuals, that
are assigned or contracted the protection forest land.
Article
77.- Special-use forest land
1. The State shall assign
special-use forest land to the special-use forest-managing organizations for
management and protection according to land use plannings and plans, already
approved by competent State agencies.
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3. The special-use forest-
managing organizations shall contract special-use forest land in ecological
rehabilitation areas to households and/or individuals, that lead a stable life
therein, for protection and development of forests.
4. The People’s Committees which
are competent to assign and/or lease land shall decide on the assignment and/or
lease of land in the buffer zones of the special-use forests to organizations,
households and individuals for use for the purposes of forestry production,
research or experimentation or combination thereof with defense and/or security
according to plannings on development of forests in the buffer zones.
5. The provincial/municipal
People’s Committees shall decide to permit the economic organizations which are
leased special- use forest land in their respective regions to combine such
with business in sight-seeing, ecological environment tourism under forest
coverage.
6. The Government shall specify
the contracting of special-use forest land; the rights, obligations and
interests of organizations, households and/or individuals, that are contracted
special-use forest land; the assignment and lease of land in buffer zones of
special-use forests; the lease of special-use forest land for combination with
business in sight-seeing, ecological environment tourism under forest coverage.
Article
78.- Land with inland water surface
The use of land with inland
water surface for aquaculture, agricultural production is stipulated as
follows:
1. Ponds, lakes and lagoons
shall be assigned or leased by the State with land rents collected annually to
economic organizations, households and/or individuals for use for purposes of
aquaculture and/or agricultural production.
Ponds, lakes and lagoons shall
be assigned or leased by the State with land rents collected in lump sum for
the whole leasing terms or collected annually to overseas Vietnamese for
execution of investment projects on aquaculture and/or agricultural production.
Ponds, lakes and lagoons shall
be leased by the State with land rents collected in lump sum for the whole
leasing terms or collected annually to foreign organizations and/or individuals
for execution of investment projects on aquaculture and/or agricultural
production;
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Article
79.- Coastal water surface land
1. Coastal water surface land
shall be leased by the State with land rents collected annually to economic
organizations, households and individuals for use for purposes of aquaculture,
agricultural production, forestry and/or salt making.
Coastal water surface land shall
be leased by the State with land rents collected annually to overseas
Vietnamese, foreign organizations and individuals for execution of investment
projects on aquaculture, agricultural production, forestry and/or salt making.
2. The use of coastal water
surface land for aquaculture, agricultural production, forestry and/or salt
making shall comply with the following regulations:
a) Being strictly in accordance
with the approved land use plannings, plans;
b) Protecting land, increasing
the coastal land deposit;
c) Protecting the ecological
system, environment and landscapes;
d) Not impeding the protection
of national security and marine navigation.
Article
80.- Riparian and coastal alluvial land
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2. Riparian and coastal alluvial
land in the areas of any communes, wards or townships shall be managed by the
People’s Committees of such communes, wards or townships.
Riparian and coastal alluvial
land subject to frequent deposition or slides shall be managed and protected by
the People’s Committees of rural districts, urban districts, provincial
capitals or provincial towns according to the Government’s regulations.
3. Riparian and coastal alluvial
land shall be leased by the State with land rents collected annually to
economic organizations, households and individuals for use for purposes of
agricultural production, forestry, aquaculture, salt making.
Unused riparian and coastal
alluvial land shall be assigned by the State to households and individuals in localities,
that have not yet been assigned land or lack production land for use for
purposes of agricultural production, forestry, aquaculture and/or salt making.
Riparian and coastal alluvial
land shall be leased by the State with land rents collected annually to
overseas Vietnamese and foreign organizations as well as individuals for
execution of investment projects on agricultural production, forestry,
aquaculture, salt making.
4. Households and individuals
that have been assigned riparian or coastal alluvial land shall be entitled to
continue using it for the remaining land use duration.
5.The State encourages economic
organizations, households and individuals to invest in the use of riparian and
coastal alluvial land.
Article
81.- Salt-making land
1. Salt-making land shall be
assigned or leased by the State with land rents collected annually to economic
organizations, households and individuals for salt production.
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2. Regions with land for making
salt with high productivity and high quality must be protected and prioritized
for salt making.
3. The State encourages the use
of potential salt-making land regions to produce salt in service of industrial
and daily-life demands.
Article
82.- Land used for farm economy
1. The State encourages the form
of farm economy practiced by households and individuals in order to efficiently
exploit land for development of production, expansion and raising of the
quality of land use in agricultural production, forestry, aquaculture, salt
making in combination with services, processing and consumption of agricultural
products.
2. Land used for farm economy
includes land assigned by the State without the collection of the land use
levies within the limits of land assigned to households and individuals
directly engaged in agricultural production, forestry, aquaculture and/or salt
making, as prescribed in Article 70 of this Law; land leased by the State; land
rented, transferred, bequeathed, presented or donated; land contracted by
organizations; land contributed by households and/or individuals.
3. Households and individuals
that use land for farm economy may take initiative in changing the use purposes
of land of various categories according to production and/or business schemes
already approved by the People’s Committees of rural districts, urban
districts, provincial capitals or provincial towns.
4. Households and individuals,
that are using land for farm economy in accordance with the approved land use
plannings and/or plans and obtain the certification by the
commune/ward/township People’s Committees that such land is free from disputes,
shall be entitled to continue using the land according to the following
regulations:
a) In cases where the land has
been assigned without the collection of land use levies within the limits of
land assigned to households and individuals directly engaged in agricultural
production, forestry, aquaculture and/or salt making, such households and
individuals shall be entitled to continue using the land for the remaining
duration;
b) In cases where the land has
been assigned without the collection of land use levies to households and
individuals that are not directly engaged in agricultural production, forestry,
aquaculture and/or salt making, such households and individuals must shift to
rent land;
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5. It is strictly prohibited to
abuse the form of farm economy to appropriate and accumulate land not for
production purposes.
Section 3.
NON-AGRICULTURAL LAND
Article
83.- Rural residential land
1. Residential land of
households, individuals in the countryside includes land for construction of dwelling
houses, construction of works in service of daily life, gardens, ponds within
the same land plots in the rural population quarters, compatible with plannings
on construction of rural population quarters, which have already been approved
by competent State agencies.
2. Basing themselves on the
local land funds and plannings for rural development, which have been already
approved by competent State agencies, the provincial/municipal People’s
Committees shall prescribe the limit of land assigned to each household, each
individual for construction of dwelling houses in rural areas, suitable to
local conditions and practices.
3. The distribution of rural
residential land in the land use plannings or plans must be in line with the
plannings for public works, non-business works, ensure convenience for
production and daily life of people, environmental sanitation and follow the
direction of rural modernization.
4. The State shall adopt
policies to create conditions for rural dwellers to have their residential
places on the basis of making full use of land in the existing population
quarters, restricting the expansion of population quarters on agricultural
land; prohibit the construction of dwelling houses along traffic axes in
contravention of population zone plannings already approved by competent State
agencies.
Article
84.- Urban residential land
1. Urban residential land
includes land for construction of dwelling houses, construction of works in
service of daily life on the same land plots in urban population quarters,
compatible with urban construction plannings already approved by competent
State agencies.
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3. The State shall elaborate
plannings on the use of land for construction of dwelling houses in urban
centers, and adopt policies to create conditions for urban dwellers to have
residential places.
4. The provincial/municipal
People’s Committees shall assign or lease urban residential land in the
following cases:
a) Assigning residential land to
economic organizations, overseas Vietnamese for the execution of investment projects
on construction of dwelling houses for sale or lease;
b) Leasing residential land with
land rents collected annually to overseas Vietnamese, foreign organizations and
individuals for execution of investment projects on construction of dwelling
houses for lease;
c) Leasing residential land with
land rents collected in lump sum for the whole leasing term to overseas
Vietnamese, foreign organizations and individuals for execution of investment
projects on construction of dwelling houses for sale or lease under the
Government’s regulations.
5. The provincial/municipal
People’s Committees shall base themselves on urban construction plannings and
land funds of their respective localities to prescribe the limit of residential
land assigned to each household, individual for self-construction of dwelling
houses for cases of lacking conditions for land assignment under investment
projects on construction of dwelling houses.
6. The conversion of residential
land into one used as ground for construction of production and/or business
establishments must ensure the compliance with the urban construction plannings
and comply with the regulations on urban order, safety and environmental
protection.
Article
85.- Land for construction of condominiums
1. Condominium land includes
land for construction of condominiums, construction of works in direct service
of daily life of the condominium households according to construction plannings
already approved by competent State agencies.
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3. The Government shall specify
the condominium land use regime.
Article
86.- Land used for replenishment and development of urban centers and rural
population quarters
1. Land used for urban
replenishment and development includes land for replenishment of existing urban
areas; land planned for urban expansion or development of new urban centers.
Land used for replenishment and
development of rural population quarters includes land for replenishment within
the existing population quarters, land in the agricultural land funds used for
public-utility purposes.
2. The use of land for
replenishment and development of urban centers, rural population quarters must
ensure the compatibility with the detailed land use plannings, detailed land
use plans, urban construction plannings, rural population quarter construction
plannings, which have already been approved, and with the construction
standards and norms promulgated by competent State agencies.
3. The provincial/municipal
People’s Committees shall organize the elaboration of plans on land use and
assignment to economic organizations, overseas Vietnamese, foreign
organizations and/or individuals for execution of projects according to law
provisions on investment for replenishment or construction of new urban
centers, new rural population quarters. Land for these projects must be
distributed synchronously in the land use plannings and/or plans of the whole regions,
including land for construction of infrastructures, dwelling houses, land for
construction of public works, non-business works, land used as ground for
construction of production and/or business establishments. Land for projects on
replenishment and/or construction of urban centers, new rural population
quarters includes land for expansion and construction of roads and land along
roads in compatibility with the requirements to ensure modern urban landscapes.
4. For population communities,
which construct and/or replenish works in service of their common interests
with sources of capital contributed by people or supported by the State, the
voluntary contribution of land use rights, compensations or support shall be
agreed upon between the population communities and the users of such land.
Article
87.- Determination of residential land areas where exist gardens, ponds
1. Garden and/or pond land
determined as residential land must lie in the same land plots where exist
dwelling houses in population areas.
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3. For cases where land plots
with gardens and/or ponds have been created between December 18, 1980 and the
date this Law takes implementation effect and the current users possess one of
the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of this
Law and that paper clearly states the residential land areas, the land areas
with gardens and/or ponds are determined according to such paper.
4. In cases where the land plots
with gardens and/or ponds have been created between December 18, 1980 and the
date this Law takes implementation effect and the current users possess one of
the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of this
Law and that paper does not clearly state the residential land areas, the land
areas with gardens and/or ponds shall be determined as follows:
a) The provincial/municipal
People’s Committees shall base themselves on the local conditions and practices
to prescribe the residential land limits to be recognized according to the
numbers of people in the households;
b) In cases where land plots
cover areas larger than the recognized residential land limits in the
localities, the residential land areas shall be determined as equal to the
recognized residential land limits in the localities;
c) In cases where land plots
cover areas smaller than the recognized residential land limits in the
localities, the residential land areas shall be determined as the whole areas
of such land plots.
5. For cases where the land use
right papers prescribed in Clauses 1, 2 and 5, Article 50 of this Law are not
available, the residential land areas where exist gardens and/or ponds shall be
determined according to the limit of land assigned to each household,
individual, as prescribed in Clause 2 of Article 83 and Clause 5 of Article 84
of this Law.
Article
88.- Land for construction of working offices, non-business works
1. Land for construction of
working offices, construction of non-business works shall include:
a) Land for the construction of
working offices of State agencies, political organizations, socio-political
organizations, public non-business organizations;
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c) Land for the construction of
non-business works in the economic, cultural, social, scientific and
technological or diplomatic sectors or domains of State agencies, political
organizations, socio-political organizations, public non-business
organizations.
2. The use of land prescribed in
Clause 1 of this Article must be compatible with land use plannings and plans, urban
construction plannings and/or rural population quarter construction plannings,
which have been already approved by competent State agencies.
3. Heads of the agencies or
organizations, which are assigned land, have the responsibility to keep whole
the assigned land areas and use the land for the right purposes.
It is strictly forbidden to use
land assigned for construction of working offices, construction of non-business
works for other purposes.
Article
89.- Land used for defense and/or security purposes
1. Land used for defense and/or
security purposes shall include:
a) Land for army units to
station;
b) Land for construction of
military bases;
c) Land for construction of
national defense works, battlefields and/or special defense or security works;
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e) Land for construction of
industrial, scientific and technological works in direct service of defense
and/or security;
f) Land for construction of
warehouses of the people’s armed forces;
g) Land for construction of
shooting grounds, drill-grounds, weapon- testing grounds, weaponry-destroying
grounds;
h) Land for construction of
schools, hospitals or sanitariums of the people’s armed forces;
i) Land for construction of
official-duty buildings of the people’s armed forces;
j) Land for construction of
detention camps, education camps, reformatories, which are managed by the
Ministry of Defense or the Ministry of Public Security;
k) Land for construction of
other defense or security works, which shall be prescribed by the Government.
2. The provincial/municipal
People’s Committees shall exercise the State management over the land used for
defense or security purposes in their respective localities.
The Ministry of Defense and the
Ministry of Public Security shall coordinate with the provincial/municipal
People’s Committees in elaborating plannings and plans on the use of land for
defense or security purposes, ensuring their compatibility with the
requirements of socio-economic development as well as defense and security
consolidation.
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Article
90.- Land for industrial zones
1. The industrial-zone land
shall include land for construction of industrial clusters, industrial parks,
export-processing zones and other concentrated production and/or business zones
under the same land use regime.
2. The use of land for
construction of industrial zones must conform to the detailed land use
plannings, detailed land use plans, detailed industrial-zone construction
plannings, which have been already approved by competent State agencies. The
elaboration of detailed industrial-zone construction plannings must ensure
their synchronism with plannings on dwelling houses and public works in service
of daily life of laborers working in the industrial zones.
3. The State shall assign land
with the collection of land use levies or lease land with land rents collected
annually to economic organizations, overseas Vietnamese; lease land with land
rents collected in lump sum for the whole leasing terms or collected annually
to overseas Vietnamese, foreign organizations and individuals for investment in
the construction of, and dealing in, industrial-zone infrastructures.
For land areas used for
construction of infrastructures for common use in industrial zones, the investors
shall not have to pay land use levies or land rents.
4. Economic organizations,
households and/or individuals investing in production and/or business in
industrial zones may select forms of land assignment with the collection of
land use levies or land lease from the State; be transferred, rent or re-rent,
land affixed with infrastructures of other economic organizations or overseas
Vietnamese that invest in the construction of, and dealing in, industrial-zone
infrastructures; re-rent land affixed with infrastructures of foreign
organizations or individuals that invest in the construction of, and dealing
in, industrial-zone infrastructures.
Overseas Vietnamese investing in
production and/or business in industrial zones may select form of land
assignment with the collection of land use levies, rent land from the State
with lump-sum payment of land rents for the whole leasing terms or annual
payment of land rents; rent land, or re-rent land affixed with infrastructures
of economic organizations, other overseas Vietnamese investing in the
construction of, and dealing in, the industrial-zone infrastructures; re-rent
land affixed with infrastructures of foreign organizations and/or individuals
that invest in the construction of, and dealing in, the industrial-zone
infrastructures.
Foreign organizations and
individuals investing in production and/or business in industrial zones may
select form of land lease from the State with land rents paid in lump sum for
the whole leasing terms or paid annually; rent or re-rent land affixed with
infrastructures of economic organizations or overseas Vietnamese that invest in
the construction of, and dealing in, the industrial-zone infrastructures;
re-rent land affixed with infrastructures of other foreign organizations and/or
individuals that invest in the construction of, and dealing in, the
industrial-zone infrastructure.
5. Users of land in industrial
zones must use land for the set right purposes, shall be granted land use right
certificates and have the rights and obligations as prescribed by this Law.
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6. Persons who re-rent land in industrial
zones before this Law takes implementation effect and have already paid the
land rents for the whole subleasing terms or paid the land rents in advance for
many years while the paid remaining subleasing duration remains at least five
years shall, for economic organizations, have the rights prescribed in Article
110 of this Law, or, for households and individuals, have the rights prescribed
in Article 113 of this Law.
Article
91.- Land used for hi-tech parks
1. Land used for hi-tech parks
under the Prime Minister’s decisions on the establishments thereof shall
include assorted land under different use regimes in service of hi-tech product
manufacture and/or trading; hi-tech research development and application;
hi-tech human resource training.
2. Hi-tech park management
boards shall be assigned land once for the entire hi-tech parks by
provincial/municipal People’s Committees, may re-assign land or lease land with
land rents collected annually to organizations and individuals; re-assign or
lease land with land rents collected in lump sum for the whole leasing terms or
collected annually to overseas Vietnamese; lease land with land rents collected
in lump sum for the whole leasing terms or collected annually to foreign
organizations and individuals that use land in the hi-tech parks.
Land users that are re-assigned
land in hi-tech parks by the hi-tech park management boards shall have the same
rights and obligations as when they are assigned land by the State according to
the provisions of this Law; the land users that are leased land in hi-tech
parks by the hi-tech park management boards shall have the same rights and
obligations as when they are leased land by the State according to the
provisions of this Law.
3. Detailed land use plannings
and detailed land use plans shall be elaborated commonly for the whole hi-tech
parks.
4. The State encourages
organizations, overseas Vietnamese, foreign organizations and individuals to
invest in the construction of, and dealing in, infrastructures in hi-tech parks
and encourages organizations, individuals, overseas Vietnamese, foreign
organizations and individuals to use land for the purposes of scientific and
technological development.
5. Persons who use land in
hi-tech parks must use the land for the set right purposes, shall be granted
land use right certificates and have the rights and obligations as prescribed
by this Law.
In case of transfer of the
rights to use land in hi-tech parks, the transferees must continue to use the
land for the set right purposes.
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Article
92.- Land used for economic zones
1. Land used for economic zones
includes land for construction of open economic zones, border-gate economic
zones and other economic zones set up under the Prime Minister’s decisions.
Land used for economic zones includes assorted land with different use regimes
in exclusive zones, aiming to provide special incentives for investment and
export activities.
2. The provincial/municipal
People’s Committees shall assign land to the economic zone management boards
with regard to the land areas recovered under the economic zone development
plannings already approved by competent State agencies.
The economic zone management
boards may re-assign land or lease land with land rents collected annually to
organizations, households and individuals; re-assign land or lease land with
land rents collected in lump sum for the whole leasing term or collected
annually to overseas Vietnamese; lease land with land rents collected in lump
sum for the whole leasing term or collected annually to foreign organizations
and individuals that use land in the economic zones.
Land users re-assigned land in
economic zones by economic zone management boards shall have the same rights
and obligations as when they are assigned land according to the provisions of
this Law; land users leased land in economic zones by economic zone management
boards shall have the same rights and obligations as when they are leased land
by the State according to the provisions of this Law.
3. Detailed land use plannings
and detailed land use plans shall be elaborated commonly for the whole economic
zones.
4. The State encourages
investment in the construction of, and dealing in, infrastructures in economic
zones and encourages the use of land for economic development purposes.
5. The land use regime, the
rights and obligations of users of land in economic zones shall be applicable
to each category of land under the provisions of this Law.
6. The Government shall specify
the management and use of land in economic zones.
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1. Land used as ground for
construction of production and/or business establishments includes land for
construction of industrial, cottage-industrial or handicraft production
establishments; construction of trade or service business establishments and
other works in service of production and/or business.
2. The use of land as ground for
construction of production and/or business establishments must be in line with
the detailed land use plannings, detailed land use plans, urban construction
plannings and/or rural population quarter construction plannings, which have
been already approved, and comply with the regulations on environment
protection.
3. Economic organizations,
households and individuals, that use land as ground for construction of
production and/or business establishments, may select form of receiving land
assigned with the collection of land use levies or leasing land of the State;
receiving the land use right transfer from, renting land or re-renting land of,
or receiving the capital contribution with the land use right of, other
economic organizations, households or individuals, overseas Vietnamese;
re-renting land affixed with infrastructures of foreign organizations or
individuals.
Overseas Vietnamese who use land
as ground for construction of production and/or business establishments may
select form of receiving land assigned with land use levy collection, renting
land of the State with land rents paid in lump sum for the whole leasing term
or paid annually; renting land, re-renting land of economic organizations,
households, individuals or other overseas Vietnamese; re-renting land affixed
with infrastructures of foreign organizations or individuals. Overseas
Vietnamese being subjects prescribed in Clause 1, Article 121 of this Law may
also be bequeathed, presented or donated the rights to use land as ground for
construction of production and/or business establishments.
Foreign organizations and
individuals, that use land as ground for construction of production and/or
business establishments, may select form of leasing land of the State with land
rents paid in lump sum for the whole leasing terms or paid annually; renting
land or re-renting land of economic organizations, overseas Vietnamese;
re-renting land affixed with infrastructure of other foreign organizations
and/or individuals.
Article
94.- Land used for mineral activities
1. Land used for mineral
activities includes land for mineral exploration, exploitation and processing.
2. Land for mineral exploration
and/or exploitation shall be leased by the State with land rents collected
annually to organizations, individuals, overseas Vietnamese, foreign
organizations or individuals, that are allowed to execute projects on mineral
exploration and/or exploitation.
Land used as ground for mineral
processing shall be categorized as non-agricultural production and/or business
land subject to the land use regime prescribed for land used as ground for
construction of production and/or business establishments, as provided for in
Article 93 of this Law.
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a) Having permits for mineral
activities and decisions on land lease for mineral exploration and/or
exploitation or decisions on land assignment or land lease for use as ground
for mineral processing, which are issued by competent State agencies;
b) Applying measures for
environment protection, waste treatment and other measures so as not to cause
damage to land users in the areas and nearby regions;
c) Using land in accordance with
the tempo of mineral exploration and/or exploitation; upon the completion of
mineral exploration or exploitation, the land users have the responsibility to
return the land strictly in the state prescribed in the land lease contracts;
d) In cases where mineral
exploration or exploitation does not require the use of surface land or does
not affect the use of land surface, land must not be leased.
Article
95.- Land for production of building materials, pottery articles
1. Land for production of
building materials or pottery articles includes land used for exploitation of
raw materials for, and land used as ground for, processing or production of
building materials or pottery articles.
2. Land for raw material
exploitation shall be leased by the State with land rents collected annually to
organizations, households and individuals, that are allowed to exploit raw
materials for production of building materials or pottery articles; to overseas
Vietnamese and foreign organizations or individuals, that are allowed to
implement investment projects on exploitation of raw materials for production
of building materials or pottery articles.
Land used as ground for
production of building materials or pottery articles is categorized as
non-agricultural production and/or business land subject to the land use regime
prescribed for land used as ground for construction of production and/or
business establishments, as provided for in Article 93 of this Law.
3. The use of land for
production of building materials or pottery articles must comply with the
following regulations:
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b) Applying necessary measures
so as not to cause damage to production and daily life and not to adversely
affect environment;
c) Upon the completion of raw
material exploitation, the land users have the responsibility to return the
land strictly in the state prescribed in the land lease contracts.
Article
96.- Land used for public purposes
1. The use of land for public
purposes must be in line with the detailed land use plannings, detailed land
use plans, urban construction plannings and/or rural population quarter
construction plannings, which have been already approved by competent State
agencies.
2. The State encourages the use
of land for the purposes of developing culture, healthcare, education and
training, physical training and sports.
3. Land used as ground for
construction of public works for business purposes shall be subject to the land
use regime applicable to land used as ground for construction of production
and/or business establishments as provided for in Article 93 of this Law.
Article
97.- Land used for construction of public works with safety protection
corridors
1. Land for construction of
public works with safety protection corridors includes land for construction of
traffic, irrigation, dyke systems, water supply systems, water drainage
systems, waste treatment systems, electricity transmission, petrol, oil or gas
pipe lines, communications systems and land in the corridors for safety
protection of these works.
2. The use of land for
construction of public works with safety protection corridors must ensure the
combination with the exploitation of the aerial spaces and underground areas,
effecting the combined arrangement of assorted works in the same land plots for
economical use of land and must comply with specialized law provisions related
to the safety protection of works.
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In cases where the land use
affect the safety protection of works, the works owners and land users must
apply remedial measures; if remedies cannot be achieved, the State shall
recover the land and pay compensations according to law provisions.
4. Agencies or organizations
directly managing works with safety protection corridors have the
responsibility to publicize the boundaries of works safety protection
corridors, take the prime responsibility for the safety protection of the
works; in cases where works safety protection corridors are illegally encroached
upon, occupied and/or used, they must promptly report such to, and request the
People’s Committees of the communes, wards or townships where the safety
protection corridors are illegally encroached upon, occupied and/or used to
handle the cases.
5. The People’s Committees at
all levels in localities where exist works with safety protection corridors
have the responsibility to coordinate with agencies or organizations, which
directly manage the works, in propagating and disseminating the legislation on works
safety protection; publicizing boundaries for use of land in the works safety
protection corridors; and in handling in time cases of illegally encroaching
upon, occupying and/or using works safety protection corridors.
Article
98.- Land with historical- cultural relics, famous landscapes
1. Land with classified
historical-cultural relics and/or famous landscapes or being protected under
decisions of provincial/municipal People’s Committees must be strictly managed.
2. In case of extreme necessity
to use land with historical-cultural relics and/or famous landscapes for other
purposes, the permission of competent State agencies is required.
Article
99.- Land used by religious establishments
1. Land used by religious
establishments includes land, which belongs to pagodas, churches, shrines,
chancels, monasteries, religious training schools, offices of religious
organizations, or other religious establishments which are permitted by the
State for operation.
2. The provincial/municipal People’s
Committees shall base themselves on the State’s religious policies and their
local land funds to decide on land areas assigned to religious establishments.
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1. The use of land where exist
works being communal houses, temples, shrines, small pagodas, worship halls,
ancestral worship houses must be for the right purposes, comply with the
detailed land use plannings, detailed land use plans, urban construction
plannings and/or rural population quarter construction plannings, which have
been already approved by competent State agencies.
2. The construction or expansion
of communal works must be permitted by competent State agencies.
Article
101.- Land for cemeteries, graveyards
1. Land for cemeteries or
graveyards must be planned into concentrated areas, far from population
quarters, convenient for burials and visits, hygienic and economical.
2. The provincial/municipal
People’s Committees shall prescribe the land limits and management regimes for
the construction of tombs, monuments, steles in cemeteries, graveyards.
Article
102.- River, brook, canal, ditch, stream and special-use water surface land
1. On the basis of the determined
primary use purposes, the river, brook, canal, ditch, stream and special-use
water surface land shall be managed and used in according with the following
regulations:
a) The State shall assign such
land to organizations for management in combination with use, exploitation of
special-use water surface land for non-agricultural purposes or
non-agricultural production in combination with culture and exploitation of
aquatic products;
b) The State shall lease river,
brook, canal or stream land with land rents collected annually to economic
organizations, households and individuals for aquaculture;
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2. The exploitation and use of
river, brook, canal, ditch, stream and special-use water surface land must not
affect the set primary use purposes; must comply with technical regulations of
the relevant branches or sectors as well as regulations on protection of scenic
places and environment; must not impede the natural flows; must not obstruct
waterway navigation.
Section 4.
UNUSED LAND
Article
103.- Management of unused land
1. The commune/ward/township
People’s Committees have the responsibility to manage and protect unused land
in the localities and register such land into the cadastral dossiers.
2. The provincial/municipal
People’s Committees shall manage unused land on islands not yet inhabited by
people.
Article
104.- Putting unused land into use
1. Basing themselves on the
approved land use plannings and plans, the People’s Committees of all levels
shall work out plans on investment, land reclamation of virgin land,
re-cultivation on unused land, soil improvement in order to put unused land
into use.
2. The State encourages
organizations, households and individuals to take and invest in unused land in
order to put such land into use.
3. For land areas planned for
agricultural use purposes, they shall be assigned with priority to households
and individuals directly engaged in agricultural production, forestry,
aquaculture, salt making in the localities, that have not yet been assigned
land or lack production land.
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RIGHTS AND OBLIGATIONS
OF LAND USERS
Section 1.
GENERAL PROVISIONS ON RIGHTS AND OBLIGATIONS OF LAND USERS
Article
105.- Common rights of land users
The land users shall have the
following common rights:
1. To be granted land use right
certificates;
2. To enjoy yields of labor on,
and results of investment in, land;
3. To benefit from the State’s
projects on agricultural land protection and improvement;
4. To be guided and assisted by
the State in improving and enriching agricultural land;
5. To be protected by the State
when other people infringe upon their lawful land use rights;
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Article
106.- The rights to exchange, transfer, lease, sublease, inherit, present
or donate the land use rights; the rights to mortgage, provide guarantee or
contribute capital with, the land use rights; the rights to be compensated upon
land recovery by the State
1. The land users are entitled
to exercise their rights to exchange, transfer, lease, sublease, inherit,
present or donate the land use rights; to mortgage, provide guarantee or
contribute capital with, the land use rights as provided for in Clause 2,
Article 110; Clauses 2 and 3 of Article 112; Clauses 2, 3, 4, 5, 6, 7 and 8 of
Article 113; Clause 2 of Article 115; Point b of Clause 1, Points b, c, d, e
and f of Clause 3, Article 119; Point b, Clause 1, Points b and c, Clause 2,
Article 120 of this Law when the following conditions are met:
a) They have land use right
certificates;
b) The land is free from
disputes;
c) Their land use rights are not
inventoried to ensure the execution of judgements;
d). Their land use duration has
not yet expired.
2. Land users shall be
compensated when the State recovers their land as provided for in Section 4,
Chapter II of this Law.
Article
107.- Common obligations of land users
The land users shall have the
following common obligations:
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2. To register their land use
rights, to fully carry out procedures upon the exchange, transfer, lease,
sublease, inheritance, presentation or donation of the land use rights;
mortgage of, provision of guarantee or contribution of capital with, the land
use rights according to the provisions of law;
3. To fulfill the financial
obligations as prescribed by law;
4. To apply measures to protect
land;
5. To comply with the
regulations on environment protection, not to cause harms to the legitimate
interests of relevant land users;
6. To comply with law provisions
on the finding of underground objects;
7. To return land when the State
issues land recovery decisions or upon the expiry of the land use duration.
Article
108.- The right to select forms of land assignment, land lease
1. Economic organizations,
households and individuals, that use land as ground for construction of
production and/or business establishments or use land for construction of
public works for business purposes; economic organizations which use land for
purposes of investment in the construction of infrastructures for transfer or
lease, use land for agricultural production, forestry, aquaculture, salt making
may select form of land assignment with the collection of land use levies or
land lease.
2. Overseas Vietnamese who
execute investment projects in Vietnam may select form of land assignment with
the collection of land use levies or land lease with land rents paid annually
or land lease with land rents paid in lump sum for the whole leasing terms.
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4. Economic organizations,
households, individuals or overseas Vietnamese, that have leased land from the
State for use as ground for construction of production and/or business
establishments, construction of public works for business purposes,
construction of infrastructures for transfer or lease, may shift to form of
land assignment with the collection of land use levies if they have such demand
and must fulfill the financial obligations as provided for by law.
Section 2.
RIGHTS AND OBLIGATIONS OF LAND-USING ORGANIZATIONS
Article
109.- Rights and obligations of the organizations assigned land by the
State without the collection of land use levies
1. Organizations which are
assigned land by the State without the collection of land use levies shall have
the rights and obligations prescribed in Articles 105 and 107 of this Law.
2. Organizations which are
assigned land by the State without the collection of land use levies are not
entitled to exchange, transfer, present, donate or lease their land use rights;
mortgage, provide guarantee or contribute capital with, the land use rights.
3. Economic organizations which
are assigned land by the State without the collection of land use levies for construction
of works not with the State budget capital sources are not entitled to sell the
assets under their ownership, which are affixed to land; to mortgage, provide
guarantee or contribute capital with, their own assets affixed to land. The
asset purchasers shall continue to be assigned land by the State without the
collection of land use levies for the set purposes.
Article
110.- Rights and obligations of economic organizations assigned land by the
State with the collection of land use levies
1. Economic organizations which
are assigned land by the State with the collection of land use levies shall
have the rights and obligations prescribed in Articles 105 and 107 of this Law.
2. Economic organizations which
are assigned land by the State with the collection of land use levies paid not
from the State budget sources shall have the following rights and obligations:
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b) To lease the land use rights
and architectural works or infrastructures, which have been already built on
the land;
c) To present as gift or donate
the land use rights to the State, to present as gift or donate the land use
rights to population communities for construction of works in service of the
communities’ common interests, to present as gift or donate gratitude houses
affixed to land according to law provisions;
d) To mortgage, provide
guarantee with, the land use rights and assets under their ownership, which are
affixed to land, at credit institutions licensed to operate in Vietnam in order
to borrow capital according to law provisions;
e) To contribute capital with
the land use rights and assets under their ownership, which are affixed to
land, for production and/or business cooperation with organizations,
individuals, overseas Vietnamese, foreign organizations and/or individuals
according to law provisions.
3. Economic organizations which
are assigned land by the State with the collection of land use levies paid from
the State budget sources shall have the rights and obligations prescribed in
Clauses 2 and 3, Article 109 of this Law.
Article
111.- Rights and obligations of economic organizations using leased land
1. Economic organizations which
are leased land by the State shall have the following rights and obligations:
a) The rights and obligations
prescribed in Articles 105 and 107 of this Law;
b) To mortgage, provide
guarantee with, assets under their ownership, which are affixed to the leased
land, at credit institutions licensed to operate in Vietnam in order to borrow
capital for production and/business as provided for by law;
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d) To sublease land where
infrastructures are completely built in case of being permitted to invest in
the construction and deal in infrastructures in industrial parks, hi-tech parks
or economic zones;
e) Economic organizations, which
have been leased land by the State before this Law takes implementation effect
and already paid the land rents for the whole leasing terms or have already
paid in advance land rents for many years while the paid land leasing duration
remains for at least five years, shall have the rights and obligations
prescribed in Article 110 of this Law in the paid land leasing duration; in
cases where they have the demand to shift to the form of land assignment with the
collection of land use levies, they must pay the land use levies minus the paid
land rents, and have the rights and obligations prescribed in Article 110 of
this Law.
2. Economic organizations which
re-rent land in industrial parks shall have the rights and obligations
prescribed in Clause 1 of this Article.
3. Economic organizations which
use leased land of organizations, households or individuals, which do not fall
under the case prescribed in Clause 2 of this Article shall have the rights and
obligations under the provisions of civil legislation.
Article
112.- Rights and obligations of economic organizations which are
transferred the land use rights, permitted to change land use purposes
1. Economic organizations which
are transferred the land use rights, permitted to change land use purposes
shall have the rights and obligations prescribed in Articles 105 and 107 of
this Law.
2. Economic organizations, which
are transferred the land use rights and the money paid for such transfer does
not come from the State budget sources, shall have the rights and obligations
prescribed in Clause 2, Article 110 of this Law.
In cases where they are
transferred the land use right and the money paid for such transfer originates
from the State budget, they shall have the rights and obligations prescribed in
Clauses 2 and 3, Article 109 of this Law.
3. The rights and obligations of
the economic organizations which use land and are permitted by competent State
agencies to change the land use purposes from land without the collection of
land use levies to land with the collection of land use levies are prescribed
as follows:
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b) Where the land use levies
already paid for the change of land use purposes do not come from the State
budget sources while the land-using economic organizations select form of land
lease, they shall have the rights and obligations prescribed at Points b, c and
d, Clause 1, Article 111 of this Law;
c) Where the land use levies
already paid for the change of land use purposes originate from the State
budget, they shall have the rights and obligations prescribed in Clauses 2 and
3, Article 109 of this Law.
Section 3.
RIGHTS AND OBLIGATIONS OF LAND-USING HOUSEHOLDS, INDIVIDUALS, POPULATION
COMMUNITIES
Article
113.- Rights and obligations of households and individuals, that use land
other than leased land
Household and individuals that
use land other than leased land shall have the following rights and
obligations:
1. The rights and obligations
prescribed in Articles 105 and 107 of this Law;
2. To exchange the rights to use
agricultural land in the same communes, wards or townships with other
households and individuals;
3. To transfer the land use
rights, except for cases of conditional transfer under the regulations of the
Government;
4. To lease the land use rights
to organizations, households, individuals or overseas Vietnamese investing in
Vietnam;
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If a member of a household,
which is assigned land by the State, dies, the land use rights of such member
may be bequeathed under his/her testament or under law.
In cases where heirs are
overseas Vietnamese who fall into the subjects prescribed in Clause 1, Article
121 of this Law, they are entitled to inherit the land use rights; if they do
not fall into the subjects defined in Clause 1, Article 121 of this Law, they
shall be entitled to enjoy the value of such inheritance;
6. To present as gift or donate
the land use rights as provided for at Point c, Clause 2, Article 110 of this
Law; to present as gift or donate the land use rights to households,
individuals or overseas Vietnamese who fall into the subjects defined in Clause
1, Article 121 of this Law;
7. To mortgage, provide
guarantee with, the land use rights at credit institutions licensed to operate
in Vietnam, at economic organizations or individuals to borrow capital for
production and/or business;
8. To contribute capital with
the land use rights to organizations, households, individuals and/or overseas
Vietnamese for production and/or business cooperation.
Article
114.- Rights and obligations of households and individuals, that use leased
land
1. Households and individuals,
that are leased land by the State, shall have the following rights and
obligations:
a) The rights and obligations
prescribed in Articles 105 and 107 of this Law;
b) To sell, bequeath, present or
donate assets under their ownership, which are affixed to leased land; the
persons who purchase, inherit, are presented with, or donated the assets shall
continue be leased the land by the State for the set purposes;
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d) To contribute capital with
the assets under their ownership, which are affixed to the leased land, during
the leasing terms to organizations, households, individuals or overseas
Vietnamese for production and/or business cooperation.
2. Households and individuals,
that have been leased land by the State before this Law takes implementation
effect and already paid the land rents for the whole leasing terms or paid the
land rents in advance for many years, shall have the rights and obligations
prescribed in Clauses 1, 3, 4, 5, 6, 7 and 8, Article 113 of this Law in the
paid leasing duration; in cases where they have the demand to shift to the form
of land assignment with the collection of land use levies, they must pay the
land use levies minus the paid land rents and shall have the rights and
obligations prescribed in Article 113 of this Law.
3. Households and individuals,
that re-rent land in industrial parks, shall have the rights and obligations
prescribed in Clause 1 of this Article.
4. Households and individuals,
that use leased land of organizations, households or individuals not falling
into the cases prescribed in Clause 3 of this Article, shall have the rights
and obligations as provided for by civil legislation.
Article
115.- Rights and obligations of households and individuals that change the
land use purpose from land without the collection of land use levies to land
with the collection of land use levies or to land lease
1. Households and individuals
that change the land use purpose from land without the collection of land use
levies to land with the collection of land use levies or land lease shall have
the rights and obligations prescribed in Articles 105 and 107 of this Law.
2. The rights and obligations of
land-using households and individuals, that are permitted by competent State
agencies to change the land use purpose from land without the collection of
land use levies to land with the collection of land use levies or land lease,
are prescribed as follows:
a) In case of selecting the form
of land assignment with the collection of land use levies, they shall have the
rights and obligations prescribed in Clauses 2, 3, 4, 5, 6, 7 and 8, Article
113 of this Law;
b) In case of selecting the form
of land lease, they shall have the rights and obligations prescribed at Points
b, c and d, Clause 1, Article 114 of this Law.
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1. Households or individuals,
that have previously let State agencies borrow land and now have land use
demand, shall file their dossiers to the People’s Committees of provinces or
centrally-run cities where exists the borrowed land. Such a dossier shall
include:
a) One of the papers on the land
use rights as prescribed in Clauses 1, 2 and 5, Article 50 of this Law;
b) The land-borrowing paper
signed by the involved parties at the time of borrowing land;
c) The written application
requesting the return of land use rights.
2. The provincial/municipal
People’s Committees have the responsibility to consider and settle such cases. If
the dossiers are valid, the cases shall be settled by the following modes:
a) Returning the rights to use
the borrowed land if such land has not yet been assigned to other persons for
use;
b) Making pecuriary
compensations or assignment of new land, new residence places, if such land has
been already assigned to other persons for use.
3. The Government shall specify
the settlement of cases where the State has borrowed land of households or
individuals.
Article
117.- Rights and obligations of religious establishments and population
communities which use land
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2. Religious establishments and
population communities, that use land, must not exchange, transfer, lease,
present or donate the land use rights; must not mortgage, provide guarantee or
contribute capital with, the land use rights.
Section 4.
RIGHTS AND OBLIGATIONS OF OVERSEAS VIETNAMESE, FOREIGN ORGANIZATIONS AND
INDIVIDUALS, THAT USE LAND
Article
118.- Rights and obligations of foreign organizations with diplomatic
functions
Foreign organizations that have
diplomatic functions and use land in Vietnam shall have the following rights
and obligations:
1. The rights and obligations
prescribed in Article 105 and 107 of this Law;
2. To construct works on land
under the permits issued by competent Vietnamese State agencies;
3. To own the works they have
constructed on the leased land during the leasing terms;
4. Apart from the rights
prescribed in Clauses 1, 2 and 3 of this Article, to enjoy the rights
prescribed by international treaties which the Socialist Republic of Vietnam
has signed or acceded to; to enjoy other rights inscribed in land lease
contracts.
Article
119.- Rights and obligations of overseas Vietnamese, foreign organizations
and individuals, that use land for execution of investment projects in Vietnam
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a) The rights and obligations
prescribed in Articles 105 and 107 of this Law;
b) The rights and obligations
prescribed in Clause 2, Article 110 of this Law.
2. Overseas Vietnamese, foreign
organizations and individuals, that invest in Vietnam and are leased land by
the Vietnamese State with land rents collected annually, shall have the
following rights and obligations:
a) The rights and obligations
prescribed in Articles 105 and 107 of this Law;
b) To mortgage, provide
guarantee or contribute capital with, assets under their ownership, which are
affixed to the leased land, at credit organizations licensed to operate in
Vietnam;
c) To sell assets under their
ownership, which are affixed to the leased land; in cases where the asset
purchasers are organizations or individuals, they shall be assigned land or
leased land by the State with land rents collected annually; in cases where the
asset purchasers are foreign organizations or individuals, they shall be leased
land by the State with land rents collected in lump sum for the whole leasing
terms or collected annually. The land assignees or lessees shall continue to
use the land for the right set purposes in the remaining duration;
d) To lease dwelling houses in
cases where they are permitted to invest in the construction of dwelling houses
for business purposes.
3. Overseas Vietnamese and
foreign organizations or individuals, that invest in Vietnam and are leased
land by the Vietnamese State with land rents collected in lump sum for the
whole leasing term, shall have the following rights and obligations:
a) The rights and obligations
prescribed in Articles 105 and 107 of this Law;
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c) To sublease the land use
rights and their own assets affixed thereto during the land lease terms;
d) To mortgage, provide
guarantee with, the rights to use the leased land and their assets affixed
thereto at credit organizations licensed to operate in Vietnam during the land
lease terms;
e) To contribute capital with
the rights to use the leased land and their own assets affixed thereto for production
and/or business cooperation during the land lease term;
f) In cases where they are
permitted to invest in the construction of dwelling houses for business
purposes, they shall have the rights to sell or lease the dwelling houses
according to the Government’s regulations; the dwelling house purchasers shall
be granted the land use right certificates according to the provisions of this
Law.
Article
120.- Rights and obligations of overseas Vietnamese and foreign
organizations and individuals, that use land in industrial parks, hi-tech parks
or economic zones
1. Overseas Vietnamese who are
transferred the rights to use land in industrial parks, hi-tech parks or
economic zones shall have the following rights and obligations:
a) The rights and obligations
prescribed in Articles 105 and 107 of this Law;
b) The rights and obligations
prescribed in Clause 2, Article 110 of this Law.
2. Overseas Vietnamese, foreign
organizations and individuals, that rent land or re-rent land in industrial
parks, hi-tech parks or economic zones, shall have the following rights and
obligations:
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b) To sell, mortgage, provide
guarantee or contribute capital with, their own assets affixed to leased land
or subleased land, for cases where land rents are paid annually;
c) To transfer the rights to use
leased land or sub-leased land and their own assets affixed thereto; to
mortgage or provide guarantee with, the rights to use the leased land,
subleased land and their own assets affixed thereto at credit organizations
licensed to operate in Vietnam; to contribute capital with the right to use the
leased land or subleased land and their own assets affixed thereto for
cooperation or joint venture with organizations, individuals, overseas
Vietnamese, foreign organizations or individuals during the terms of land lease
or sublease, for cases where land rents have been already paid in lump sum for
the whole terms of land lease or sublease.
Article
121.- Rights and obligations of overseas Vietnamese who are allowed to buy
dwelling houses associated to the rights to use residential land in Vietnam
1. Overseas Vietnamese being the
following subjects shall be entitled to buy dwelling houses associated to the
rights to use residential land in Vietnam:
a) Persons who return for
long-term investment and have demands for dwelling houses during their
investment in Vietnam;
b) Persons who have made
meritorious contributions to the country;
c) Cultural activists and
scientists, who have the demand to return for regular activities in Vietnam in
order to serve the cause of national construction;
d) Persons who have demands to
return for a stable life in Vietnam;
e) Other subjects as prescribed
by the National Assembly Standing Committee.
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a) The rights and obligations
prescribed in Articles 105 and 107 of this Law;
b) To sell dwelling houses
affixed to residential land to organizations, households, individuals and/or
overseas Vietnamese being the subjects defined in Clause 1 of this Article;
c) To mortgage dwelling houses
affixed to residential land at credit organizations licensed to operate in
Vietnam;
d) To bequeath dwelling houses
associated with the rights to use residential land to households, individuals,
overseas Vietnamese being the subjects defined in Clause 1 of this Article
according to the provisions of civil law; in cases where the heirs are overseas
Vietnamese other than the subjects defined in Clause 1 of this Article or
foreign individuals, they shall be entitled to enjoy the values of such
inheritances;
e) To present as gift or donate
dwelling houses associated with the rights to use residential land to the
State, population communities, to present or donate gratitude houses under the
provisions at Point c, Clause 2, Article 110 of this Law; to present or donate
dwelling houses associated with the rights to use residential land to
households, individuals or overseas Vietnamese being the subjects defined in
Clause 1 of this Article.
Chapter V
ADMINISTRATIVE
PROCEDURES FOR LAND MANAGEMENT AND USE
Article
122.- Order and procedures for land assignment, land lease, granting of land
use certificates to land assignees, land lessees
1. The dossiers of application
for land assignment or land lease shall be submitted according to the following
regulations:
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Households and individuals, that
apply for land assignment or land lease, shall file two sets of dossiers at the
land management offices of rural districts, urban districts, provincial
capitals or towns where exists the land;
b) The dossiers of application
for land assignment or land lease shall each comprise the application for land
assignment or land lease; investment projects of organizations under the
provisions of legislation on investment; for overseas Vietnamese, foreign
organizations and individuals, there must be investment projects and copies of
the investment licenses under the provisions of legislation on investment, with
certification by State notary public.
2. Land assignment and land
lease with regard to land with ground being already cleared are stipulated as
follows:
a) Within no more than ten
working days as from the date of receiving the complete and valid dossiers, the
dossier-receiving agencies shall have to extract the cadastral maps or
cadastral measurement of the land plots applied for assignment or lease;
determine the amounts of land use levy or land rent; carry out procedures for
land assignment, land lease, granting of land use right certificates according
to regulations and hand decisions on land assignment or land lease to land
assignees or land lessees;
b) Within no more than ten
working days as from the dates when the land assignees or land lessees fulfill
their financial obligations according to law provisions, the land management
offices shall sign land lease contracts, for case of land lease, organize the hand
over of land on the field and hand the land use right certificates to the land
assignees or land lessees.
3. The land assignment and land
lease with regard to land with ground being not yet cleared are stipulated as
follows:
a) Within no more than thirty
working days as from the date of receiving the complete and valid dossiers, the
dossier- receiving agencies shall have to complete the recommendation of
locations; extract cadastral maps or cadastral meassurement of the land plots
applied for assignment or lease; determine the land use levy or land rent
amounts; carry out procedures for land assignment, land lease, the granting of
land use right certificates according to regulations and hand land assignment
or land lease decisions to land assignees or land lessees;
b) Basing themselves on the land
assignment or land lease decisions of competent State agencies, the People’s
Committees of rural districts, urban districts, provincial capitals or towns
shall organize the compensations and ground clearance;
c) Within no more than ten
working days as from the date of completing the ground clearance and the land
assignees or land lessees have fulfilled their financial obligations according
to law provisions, the land management agencies shall sign land lease contracts
for case of land lease; organize the hand over of land on the field and hand
the land use right certificates to land assignees or land lessees.
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1. The submission of dossiers of
application for land use right certificates is stipulated as follows:
a) The applicants for land use
right certificates shall file their dossiers at the land use right registries;
in cases where rural households or individuals apply for land use right
certificates, they shall file their dossiers at the People’s Committees of the
communes where exists the land for transfer to the land use right registries;
b) The dossiers of application
for land use right certificates shall each comprise the written application for
land use right certificate, the land use right papers prescribed in Clauses 1,
2 and 5, Article 50 of this Law (if any), letters of authorization of the
application for land use right certificate (if any).
2. Within no more than fifty
working days as from the date of receiving the complete and valid dossiers, the
land use right registries shall have to transfer the dossiers to the land
management offices of the People’s Committees competent to grant the land use
right certificates for carrying out the procedures for granting the land use
right certificates; in cases where the financial obligations must be fulfilled
while such financial obligations are determined according to the cadastral
data, the land use right registries shall forward the cadastral data to the tax
offices for determination of the financial obligation levels according to law
provisions; notify the land use right certificate grantees to fulfill the
financial obligations; in cases where conditions are not met, they shall return
the dossiers and notify the reasons therefor to the land use right certificate
applicants.
3. Within five working days as
from the date of fulfilling their financial obligations, the land use right
certificate grantees shall go to the places where they submitted their dossiers
to receive the land use right certificates.
Article
124.- Order and procedures for registration of land use purpose changes for
cases where permission is not required
1. Persons who wish to change
the land use purposes shall file their land use purpose change declarations and
land use right certificates at the land use right registries; for households
and individuals in rural areas, such papers shall be filed at the People’s
Committees of the communes where exists the land for transfer to the land use
right registries.
2. Within no more than seven
working days as from the date of receiving the papers prescribed in Clause 1 of
this Article, the land use right registries shall have to verify the
registration declarations and transfer the land use right certificates to the
land management offices of the People’s Committees competent to grant the land
use right certificates for adjustment and transfer the adjusted land use right
certificates to the places where the dossiers were received for return to the
land use purpose change registrants.
Article
125.- Order and procedures for land use purpose changes for cases where
permission is required
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a) Organizations, overseas
Vietnamese and foreign organizations or individuals, that apply for land use
purpose changes, shall file their dossiers at the land management offices of
the provinces or centrally-run cities where exists the land.
Households and individuals, that
apply for land use purpose changes, shall file their dossiers at the land
management offices of rural districts, urban districts, provincial capitals or
provincial towns, where exists the land;
b) The dossiers of application
for land use purpose changes shall each comprise the written application for
land use purpose change, the land use right certificate and the investment
project of the organization as provided for by the legislation on investment.
2. Within no more than twenty
working days as from the date of receiving the complete and valid dossiers, the
dossier-receiving agencies shall have to carry out the administrative
procedures to permit the land use purpose changes; determine the land use levy
collection level for cases where the land use levies must be paid, notify the
persons permitted to change the land use purposes to fulfill their financial
obligations according to law provisions; in cases where the conditions are not
fully met, they shall return the dossiers and notify the reasons therefor to
the land use purpose change applicants.
3. Within five working days as
from the date the persons permitted to change the land use purposes fulfill
their financial obligations according to law provisions, the dossier-receiving
agencies shall hand the adjusted land use right certificates to the persons who
have been permitted to change the land use purposes.
Article
126.- Order and procedures for exchange of land use rights of households,
individuals
1. The submission of dossiers of
land use right exchanges is stipulated as follows:
a) The dossiers of land use
right exchanges shall be filed at the People’s Committees of communes, wards or
townships where exists the land for transfer to the land use right registries;
b) The dossiers of land use
right exchanges shall each comprise the contract on land use right exchange and
the land use right certificate.
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2. Within no more than ten
working days as from the date of receiving the complete and valid dossiers, the
land use right registries shall transfer the dossiers to the land management
agencies of rural districts, urban districts, provincial capitals or provincial
towns for carrying out the procedures for granting of land use right
certificates.
Where the exchanging parties
must fulfill their financial obligations while such financial obligations are
determined according to the cadastral data, the land use right registries shall
send the cadastral data to the tax offices for determination of the financial
obligations according to law provisions; the land use right registries shall
notify the exchanging parties to fulfill their financial obligations.
Within no more than five working
days as from the date for fulfilling their financial obligations, the
exchanging parties shall receive the land use right certificates at the places
where they have submitted their dossiers.
Article
127.- Order and procedures for land use right transfer
1. The submission of dossiers of
land use right transfer is stipulated as follows:
a) The land use right transfer
dossiers shall be filed at the land use right registries; for households and
individuals in rural areas, such dossiers shall be filed at the People’s
Committees of communes where exists the land for transfer to the land use right
registries;
b) The land use right transfer
dossiers shall each comprise the land use right transfer contract and the land
use right certificate.
The land use right transfer
contracts must be certified by the State notary public; for land use right
transfer contracts of households or individuals, the form of certification by
the State notary public or authentication by the People’s Committees of
communes, wards or townships where exists the land may be opted for.
2. Within no more than fifteen
working days as from the date of receiving the complete and valid dossiers, the
land use right registries shall have to verify the dossiers, then transfer them
to the land management agencies of the People’s Committees competent to grant
the land use right certificates for carrying out the procedures to grant the
land use right certificates.
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Within no more than five working
days as from the date of fulfilling their financial obligations, the parties
engaged in the land use right transfer shall receive the land use right
certificates at the places where they have submitted their dossiers.
Article
128.- Order and procedures for lease, sublease of land use rights
1. The submission of dossiers on
land use right lease or sublease (hereinafter referred collectively to as land
use right lease) is stipulated as follows:
a) The land use right lease
dossiers shall be filed at the land use right registries; in cases where
households and individuals use land in rural areas, such dossiers shall be
filed at the People’s Committees of communes where exists the land for transfer
to the land use right registries;
b) The land use right lease
dossiers shall each comprise the contract on land use right lease and the land
use right certificate.
The land use right lease
contracts must be notarized; for land use right lease contracts of households
or individuals, the form of certification by the State notary public or
authentication by the People’s Committees of communes, wards or townships where
exists the land may be opted for.
2. Within no more than five
working days as from the date of receiving complete and valid dossiers, the
land use right registries shall carry out the procedures to register the land
use right lease in the cadastral dossiers and the land use right certificates;
return the land use right lease contracts and the land use right certificates
to the land lessors at the places where they have submitted their dossiers.
Article
129.- Order and procedures for registration of inheritance, presentation or
donation of land use rights
1. The submission of dossiers
for inheritance, presentation or donation of land use rights is stipulated as
follows:
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b) The dossiers for land use
right inheritance shall each comprise the testament or record on division of
inheritances or the people’s court’s judgement or decision on settlement of
disputes over the inheritance of the land use right, which has already come
into force, and the land use right certificate; in cases where there is only
one heir, the inheritance dossier shall comprise the written application and
the land use right certificate.
A dossier for land use right
presentation or donation shall comprise the written commitments to presentation
or donation or the contract on presentation or donation of the land use rights
and the land use right certificate.
The written commitments to
presentation or donation or the contracts on presentation or donation of the
land use right of households, individuals or overseas Vietnamese must be
authenticated by the People’s Committees of communes, wards or townships where
exists the land or certified by the State notary public.
2. Within no more than ten
working days as from the date of receiving the complete and valid dossiers, the
land use right registries shall have to verify the dossiers, then transfer them
to the land management agencies of the People’s Committees competent to grant
land use right certificates for carrying out the procedures to grant the land
use right certificates.
In cases where the land use
right transferees must fulfill their financial obligations which are determined
according to the cadastral data, the land use right registries shall send the
cadastral data to the tax offices for determination of the financial
obligations according to law provisions; the land use right registries shall
notify the land use right transferees to fulfill their financial obligations.
Within no more than five working
days as from the date of fulfilling their financial obligations, the land use
right transferees shall receive the land use right certificates at the places
where they have submitted their dossiers.
Article
130.- Order and procedures of registering, deleting the registration of the
mortgage of, or provision of guarantee with, land use rights and handling of
the mortgaged or guaranteed land use rights to retrieve debts
1. The registration of the
mortgage of, provision of guarantee with, the land use rights is stipulated as
follows:
a) The dossiers for registration
of the mortgage of, provision of guarantee with, the land use rights shall each
comprise the contract on mortgage of, or provision of guarantee with, the land
use right and the land use right certificate. The dossiers shall be filed at
the land use right registries; in cases where the mortgagors or the guaranteed
are households or individuals in rural areas, the dossiers shall be filed at
the People’s Committees of the communes where exists the land for transfer to
the land use right registries.
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b) Within no more than five
working days as from the date of signing credit contracts, the land use right
mortgagors or guaranteed shall submit the dossiers for registration of the
mortgage or guarantee according to the provisions at Point a of this Clause;
c) Within no more than five
working days as from the date of receiving the complete and valid dossiers, the
land use right registries shall register the mortgage or guarantee into the
cadastral dossiers, the land use right certificates and return the land use
right certificates to the guarantees or mortgagees.
2. The deletion of land use
right mortgage or guarantee registration is stipulated as follows:
a) After fulfilling their debt
repayment obligations, the land use right mortgagors or guaranteed shall send
their written applications for deletion of mortgage or guarantee registration
to the places where the mortgage or guarantee has been registered;
b) Within no more than five
working days as from the date of receiving the written applications for
deletion of mortgage or guarantee registration, the land use right registries
shall check the performance of debt repayment obligations by the applicants for
deletion of mortgage or guarantee registration and delete the mortgage or
guarantee registration in the cadastral dossiers and the land use right
certificates; in cases where it is necessary to withdraw or grant the land use
right certificates when handling the mortgaged or guaranteed land use rights to
retrieve debts, the land use right registries shall send the dossiers to the
land management agencies of the competent People’s Committees for carrying out
the procedures to withdraw or grant the land use right certificates.
3. The handling of mortgaged or
guaranteed land use rights to retrieve debts is stipulated as follows:
a) When the land use right
mortgagors or the guaranteed fail to perform or have improperly performed the
debt repayment obligations under the credit contracts, the mortgaged or
guaranteed land use rights shall be handled according to the agreement in the
mortgage or guarantee contracts; in cases where it cannot be handled under the
agreement inscribed in the contracts, the mortgagees or the guarantees shall be
entitled to transfer the mortgaged or guaranteed land use rights to other
persons in order to retrieve debts or request competent State agencies to
auction the land use rights or initiate lawsuits at people’s courts according
to law provisions.
b) The land use right
transferees prescribed at Point a of this Clause shall be granted the land use
right certificates, be entitled to use the land for the set purposes and have
the rights and obligations prescribed by this Law in the remaining land use
duration; for residential land, the land users shall be entitled to stable
long-term use.
Article
131.- Order and procedures for registering, deleting the registration of,
capital contribution with the land use rights and handling of the land use
rights upon the termination of capital contribution
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a) The dossiers of registration
of capital contribution shall each comprise the contract on capital
contribution with the land use rights and the land use right certificate. The
dossiers shall be filed at the land use right registries; in cases where the
capital contributors are households or individuals in rural areas, the dossiers
shall be submitted at the People’s Committees of the communes where exists the
land for transfer to the land use right registries.
The contracts on capital
contribution with the land use rights must be certified by the State notary
public; for contracts on capital contribution with the land use rights of
households or individuals, the form of certification by the State notary public
or authentication by the People’s Committees of communes, wards or townships
where exists the land may be opted for;
b) Within no more than ten
working days as from the date of receiving the complete and valid dossiers, the
land use right registries shall have to verify the dossiers; for cases where
capital contribution conditions are fully met, they shall register the capital
contribution into the cadastral dossiers and the land use right certificates;
in cases where the capital contributions give rise to new legal persons, the
capital contribution registration dossiers shall be sent to the land management
agencies of the People’s Committees competent to grant the land use right
certificates for granting the land use right certificates to such new legal
persons.
2. The capital contribution with
the land use rights shall terminate in the following cases:
a) The time limit for capital
contribution with the land use rights has expired;
b) One party or all parties so
propose as agreed upon in the capital contribution contracts; for case of joint
ventures with overseas Vietnamese, foreign organizations and/or individuals,
such must be approved by provincial/municipal People’s Committees;
c) The land is recovered under
the provisions in Article 38 of this Law;
d) The contributors of capital
with the land use rights in the contracts for business cooperation or
joint-venture enterprises are declared bankrupt or dissolve;
e) Individuals participating in
the capital contribution contracts die; are declared missing; lose their civil
act capacity or have the restricted civil act capacity; are banned from
activities in the business cooperation domains, while the capital contribution
contracts must be performed by such individuals;
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3. The deletion of registration
of capital contribution with the land use rights is stipulated as follows:
a) The land users who stop
contributing capital with the land use rights as provided for in Clause 2 of
this Article shall send the applications for deletion of capital contribution
registration to the places where the capital contribution has been registered;
b) Within no more than five
working days as from the date of receiving the written applications for
deletion of capital contribution registration, the land use right registries
shall delete the capital contribution registration in the cadastral dossiers
and the land use right certificates; in cases where it is necessary to withdraw
or grant the land use right certificates upon the termination of capital
contribution, the land use right registries shall send dossiers to the land
management agencies of the People’s Committees competent to grant the land use
right certificates for carrying out the procedures to withdraw or grant the
land use right certificates.
4. The handling of the land use
rights upon the termination of capital contribution is stipulated as follows:
a) In cases it is due to the
expiry of the capital contribution time limit or to the parties’ agreement on
termination of capital contribution, the party that has contributed capital
with the land use rights shall be entitled to continue using such land for the
remaining duration.
In cases where the land use
duration has expired or the contributor of capital with the land use rights no
longer have demands to continue using the land, the State shall permit the
joint-venture enterprises to continue the land lease; if the joint-venture
enterprises terminate their operation, the State shall recover such land;
b) In cases where the capital
contribution is terminated by decisions of competent State bodies due to
violations of the land legislation, the State shall recover such land;
c) In cases where the
joint-venture enterprises or parties contributing capital with the land use rights
go bankrupt, the land use rights used for capital contribution shall be handled
in accordance with the people’s courts’ decisions declaring the bankruptcy.
If the persons, who are
transferred the land use rights and assets affixed to land under the people’s
courts’ decisions, are organizations, individuals or overseas Vietnamese, they
shall be permitted to continue using the land for the set purposes in the
remaining land use duration.
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In cases where no one receives
the land use rights and assets affixed to land, the State shall recover such
land and assets;
d) In cases where individuals
participating in the capital contribution die, the land use rights used for
capital contribution shall be bequeathed according to the provisions of civil
legislation;
e) In cases where individuals
participating in the capital contribution are declared missing, lose their
civil act capacity or have restricted civil act capacity, it shall be settled
according to the provisions of civil legislation;
f) In cases where joint-venture
enterprises dissolve or the parties contributing capital with the land use
rights are the dissolved organizations, the land use rights used for capital
contribution shall be handled according to the agreement between the parties in
accordance with the provisions of this Law and other relevant law provisions.
Chapter VI
INSPECTION, SETTLEMENT
OF LAND DISPUTES, COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS OF LAND
LEGISLATION
Section
1. LAND INSPECTION
Article
132.- Land inspection
1. Land inspection is the
specialized land inspection.
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The land management agencies in
localities shall be responsible for organizing the land inspection in the
localities.
2. Land inspection contents
shall cover:
a) Inspection of the State
management over land by the People’s Committees at all levels;
b) Inspection of the observance
of land legislation by land users, other organizations and individuals.
3. The land inspectorate shall
have the following tasks:
a) To inspect the law observance
by State agencies and land users in the management and use of land;
b) To detect, check and handle
according to competence or propose competent State agencies to handle
violations of land legislation.
4. The Government shall provide
for the organization and operation of the specialized land inspectorate.
Article
133.- Powers and responsibilities of land inspection teams and land
inspectors
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a) To request State agencies,
land users and other relevant subjects to supply documents and explain matters,
which are necessary for the inspections;
b) To decide to temporarily
suspend the illegal use of land portions and take responsibility before law for
such decisions, and at the same time promptly report such to competent State
bodies for handling decisions;
c) To handle according to
competence or propose the competent State agencies to handle violations of land
legislation;
d) Other powers prescribed by
the legislation on inspection.
2. Land inspection teams and
inspectors, when conducting inspections, shall have the following
responsibilities:
a) To produce the inspection
decisions, inspector’s cards to subjects being under inspection;
b) To perform the inspection
functions, tasks, order and procedures according to law provisions;
c) To be accountable before law for
their conclusions and decisions;
d) To perform other
responsibilities prescribed by the legislation on inspection.
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1. The inspected subjects shall
have the following rights:
a) To request the inspection
teams or inspectors performing the official duty to clearly explain the
inspection requirements;
b) To give explanations in the
inspection courses, to contribute opinions on inspection conclusions; in cases
of disagreement with the inspection conclusions and/or law violation-handling
decisions of land inspectors, to have the right to lodge complaints to
competent agencies according to law provisions on complaints and denunciations;
c) To denounce to competent
State agencies the inspection teams’ or inspectors’ infringements, if any, upon
their legitimate interests, the interests of the State, the rights and
legitimate interests of organizations or individuals;
d) Other rights as prescribed by
the legislation on inspection.
2. The inspected subjects shall
have the following obligations:
a) Not to obstruct, cause
difficulties to, inspection teams or inspectors in the performance of their
tasks;
b) To supply documents, explain
necessary matters related to land inspection contents; to abide by decisions of
inspection teams or inspectors in the course of inspection and competent State
agencies after completion of the inspection;
c) To perform other obligations
as prescribed by inspection legislation.
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Article
135.- Conciliation of land disputes
1. The State encourages
land-disputing parties to reconcile themselves or settle their land disputes
through conciliation at the grassroots.
2. For land disputes which
cannot be reconciled, the disputing parties shall file their written
applications to the People’s Committees of communes, wards or townships where
exists the land in dispute.
The commune/ward/township
People’s Committees have the responsibility to coordinate with Vietnam
Fatherland Front and its member organizations as well as other mass
organizations in reconciling land disputes.
The reconciliation time limit
shall be thirty working days as from the date the commune/ward/township
People’s Committees receive the written applications.
The land dispute reconciliation
results must be recorded in writing with the signatures of the disputing
parties and the certification of the People’s Committees of communes, wards or
townships where exists the land. Where the reconciliation outcomes are
different from the present land use status, the commune/ward/township People’s
Committees shall send the reconciliation results to competent State bodies for
settlement according to regulations on land management.
Article
136.- Competence to settle land disputes
Land disputes, which were
already reconciled at the commune/ward/township People’s Committees but are
disagreed with by one or all parties, shall be settled as follows:
1. Disputes over land use rights
and the involved parties have the land use right certificates or one of the
papers prescribed in Clauses 1, 2 and 5, Article 50 of this Law, and disputes
over assets affixed to land shall be settled by people’s courts;
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a) Where the presidents of the
People’s Committees of rural districts, urban districts, provincial capitals or
towns have made the first-time settlement but one or all of the involved
parties disagree with the settlement decisions, they are entitled to lodge
complaints to the presidents of provincial/municipal People’s Committees for
settlement; the settlement decisions of the provincial/municipal People’s
Committee presidents shall be the final ones;
b) Where the
provincial/municipal People’s Committee presidents make the first-time
settlement but one or all of the involved parties disagree with the settlement
decisions, they shall be entitled to lodge complaints to the Minister of
Natural Resources and Environment; the settlement decisions of the Minister of
Natural Resources and Environment shall be the final ones.
Article
137.- Settling land disputes related to administrative boundaries
1. Land disputes related to
administrative boundaries between administrative units shall be settled jointly
by the People’s Committees of such units. In cases where unanimity cannot be
reached or the settlement alters the administrative boundaries, the settling
competence shall be stipulated as follows:
a) Where disputes are related to
the boundaries of provincial/municipal administrative units, they shall be
decided by the National Assembly;
b) Where disputes are related to
the boundaries of administrative units being rural districts, urban districts,
provincial capitals, provincial towns, communes, wards or townships, they shall
be decided by the Government.
2. The Ministry of Natural
Resources and Environment and the land management agencies of the provinces,
centrally-run cities, rural districts, urban districts, provincial capitals or
provincial towns have the responsibility to supply necessary documents and
coordinate with competent State agencies in settling land disputes related to
administrative boundaries.
Article
138.- Settlement of land-related complaints
1. Land users are entitled to
complain about administrative decisions or administrative acts regarding land
management.
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a) Where complaints about
administrative decisions or administrative acts regarding land management are
settled for the first time by the presidents of the People’s Committees of
rural districts, urban districts, provincial capitals or provincial towns, but
the complainants disagree with the settlement decisions, they are entitled to
initiate lawsuits at people’s courts or continue to complain with presidents of
the provincial/municipal People’s Committees. In case of complaining with provincial/municipal
People’s Committee presidents, the decisions of the provincial/municipal
People’s Committee presidents shall be the final ones;
b) Where complaints about
administrative decisions or administrative acts regarding land management are
settled for the first time by provincial/municipal People’s Committee
presidents but the complainants disagree with the settlement decisions, they
are entitled to initiate lawsuits at people’s courts;
c) The statute of limitation for
complaining about administrative decisions or administrative acts regarding
land management shall be thirty days as from the date of receiving such
administrative decisions or knowing about such administrative acts. Within
forty five days as from the date of receiving the first-time complaint
settlement decisions, the complainants, if disagreeing therewith, shall be
entitled to complain to competent State agencies or initiate lawsuits at
people’s courts.
3. The settlement of
land-related complaints as provided for in Clause 2 of this Article shall not
cover cases of complaint about decisions on settlement of land disputes
prescribed in Clause 2, Article 136 of this Law.
Article
139.- Settlement of land-related denunciations
1. Individuals are entitled to
denounce violations of legislation on land management and use.
2. The settlement of
denunciations about violations of legislation on land management and use shall
comply with the provisions of legislation on complaints and denunciations.
Section 3.
HANDLING OF VIOLATIONS
Article
140.- Handling of violators of land legislation
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Organizations, which are
assigned land without the collection of land use levies or are currently using
land with the land use right recognized by the State and do not have to shift to
lease land or do not have to pay the land use levies but let the land be
encroached upon, appropriated or lost, shall have to compensate therefor and be
handled according to law provisions regarding the land use value of the land
areas encroached upon, appropriated or lost.
The Government shall specify
acts of violating the land legislation and administrative handling measures.
Article
141.- Handling of managers who violate land legislation
Those who abuse their position and
powers and act against law provisions on land assignment, land lease, land
recovery, land use purpose change, land use right transfer, land use planning
and plan implementation, land-related financial obligation determination,
cadastral dossier management, issuance of administrative decisions in land
management; who show irresponsibility in management, thus leading to violations
of land legislation or commit other acts which cause damage to land resources,
rights and obligations of land users, shall, depending on the nature and
seriousness of their violations, be disciplined or examined for penal liability
according to law provisions.
Article
142.- Handling of land law violations which cause damage to the State and
other persons
Those who commit acts of violating
land legislation, causing damage to the State and/or other persons, shall,
apart from being handled according to the provisions in Articles 140 and 141 of
this Law, also have to compensate therefor according to extents of actual
damage to the State or the persons suffering from the damage.
Article
143.- Responsibilities of the presidents of the People’s Committees of all
levels in detecting, preventing, stopping and handling violations of
legislation on land management and use
1. The presidents of the
People’s Committees of all levels have the responsibilities to detect, prevent,
stop and handle in time violations of legislation on land management and use in
their respective localities.
2. The presidents of the
People’s Committees of communes, wards or townships have the responsibilities
to detect, prevent and stop in time illegal land use right transfers, illegal
land use purpose changes; to detect and apply measures to stop in time the
construction of works on encroached, appropriated land, the use of land not for
the right purposes in their respective localities and force the violators to
restore the pre-violation land status.
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1. Organizations and
individuals, when detecting that officials and/or employees of land management
agencies of all levels or commune/ward/township cadastral officials have
violated the regulations on order, procedures and/or time limits for land
assignment, land lease, permission of land use purpose changes, time limits for
land recovery, carrying out procedures for exercise of land users’ rights,
granting of land use right certificates, are entitled to send their written
petitions to competent people according to the following regulations:
a) For violations committed by
commune/ward/district township cadastral officials, the petitions shall be
addressed to the presidents of the commune/ward/township People’s Committees;
b) For violations committed by
officials and/or employees of land management agencies of any level, the
petitions shall be sent to the heads of the land management agencies of such
level;
c) For violations committed by
heads of land management agencies, the petitions shall be filed to the
presidents of the People’s Committees of the same level.
2. Within no more than fifteen working
days as from the date of receiving the written petitions, the People’s
Committee presidents or the heads of the land management agencies prescribed in
Clause 1 of this Article shall have to consider and settle the petitions and
notify the petitioners thereof.
Chapter
VII
IMPLEMENTATION PROVISIONS
Article
145.- This Law takes implementation effect as from July 1, 2004.
This Law shall replace the 1993
Land Law; the 1998 Law amending and supplementing a number of articles of the
Land Law; the 2001 Law amending and supplementing a number of articles of the
Land Law.
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Article
146.- Implementation guidance
1. The Government shall
prescribe the time limit for completion of the granting of land use right
certificates to current land users throughout the country. During this time
limit, the current land users, who have one of the land use right papers
prescribed in Clause 1, 2 and 5, Article 50 of this Law and have not yet been
granted land use right certificates, shall be entitled to exercise the land
users’ rights prescribed in this Law.
2. The Government shall specify
and guide the implementation of this Law.
This Law was passed on November
26, 2003 by the XIth National Assembly of the Socialist Republic of Vietnam at
its 4th session.
(Users of the English
translations of legal instruments published on this website should note that in
the event of any inconsistency between the English translations and the
original Vietnamese text the latter shall prevail)
NATIONAL ASSEMBLY
Nguyen Van An
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