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NATIONAL
ASSEMBLY
OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Law
No. 31/2024/QH15
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Hanoi,
January 18, 2024
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LAND LAW
Pursuant to Constitution
of the Socialist Republic of Vietnam;
The National
Assembly hereby promulgates the Land Law.
Chapter
I
GENERAL PROVISIONS
Article
1. Scope
This Law provides
for regulations on land ownership of the people, powers and responsibilities of
the State to represent land ownership of the people and unify management of
land, regulations on management and use of land, rights and obligations of
citizens and land users in relation to land in the territory of the Socialist
Republic of Vietnam.
Article
2. Regulated entities
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2. Land users.
3. Other subjects
involved in management and use of land.
Article
3. Definitions
For the purposes
of this Law, the terms below shall be construed as follows:
1. “Cadastral
map” is a map which shows the land parcels and related geographic elements,
is made by each third-level administrative division (or second-level
administrative division without third-level administrative division) and is
certified by a competent regulatory agency.
2. “Land use
map” is a map showing the distribution of land types at a specified time,
made for every administrative division at all levels or every socio-economic
region.
3. “future land
use map” is a map made at the beginning of a planning period, which
demonstrates the distribution of land types at the end of that planning period.
4. “Land conservation
and restoration” is the imposition of management measures, technical,
mechanical and biological measures to land for treating polluted land and
restoring degraded land.
5. “land-related
recompense” means the State's payment for LUR value of the repossessed land
area to the former holder of the repossessed land.
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7. “residual
land value” means the reasonable investment in the land area by the user
according to its intended purposes which is not fully recovered when the land
area is repossessed by the State.
8. “Land use
quotas” are the land area of each land type classified in land use planning
or plans of authorities at all levels calculated by a competent regulatory
agency for allocation during the land use planning or plan.
9. “Land
appropriation" means the use of land managed by the State without
permission from a competent regulatory agency or the use of land of another
legal land user without permission from such user.
10.
"investor of a land-based investment project (hereinafter referred to as
“investor”)” is the investor who, based on investment laws and relevant
laws, has been designated to carry out the land-based investment project, is
allocated or leased out land, is permitted to repurpose land according to
regulations of this Law.
11. “land
repurposing” means that a land user is permitted to change from one purpose
to another under this Law.
12. “disposition
of land-use right" means the transfer of land use rights from one
person to another through exchange, conveyance, inheritance, donation of land
use rights, and capital contribution with land use rights.
13. “Population”
is a community of Vietnamese people living in the same village or neighborhood
or similar residential area with the same customs, practices or family lineage
in the territory of the Socialist Republic of Vietnam.
14. “national
land database” means a collection of land-related databases containing data
which is arranged and organized to serve the access thereto, use, share,
management and update thereof through electronic means.
15. "registration
of land and property affixed to land" means the declaration made by
land users, owners of property affixed to land or persons assigned to manage
land on land use rights, ownership of property affixed to land with competent
regulatory agencies to be recorded according to provisions of this Law.
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17. “Adjustment
in land use term" means the change of time limit for use of land
during the process of use with permission of a competent authority.
18. “Land use
extension" means a competent authority's permission to continue using
a land area upon expiration of the land use term for the intended purposes
under provisions of this Law.
19. “land
price” means the value of land use rights calculated per unit of land area.
20. “land-use
right value (LUR value)” means the monetary value of land use rights over a
land area or a land type at a set time during the specified land use term.
21. "Certificate
of land use rights (LURs) and ownership of property affixed to the land
(hereinafter referred to as "certificate of title")" is a
legal document in which the State certifies the lawful LURs and ownership of
property affixed to the land of a holder of LURs and ownership of property
affixed to the land. Property affixed to the land granted a Certificate of
title includes houses and construction works affixed to the land as prescribed
by law. Certificate of LURs, Certificate of LURs and ownership of housing
and other property affixed to the land under relevant laws complying with
provisions of this Law shall be set in the same value with the Certificate of
title specified in this Law.
22. “capital
contribution with land use rights (LURs)” is an agreement between the
parties about disposition of LURs by contributing LURs as charter capital of a
business organization, including capital contribution to establish a new
business organization, or contribution of additional capital to an existing
business organization.
23. “national
land information system (NLIS) is a comprehensive system of information
technology (IT) infrastructure factors, software and data, which is developed
into a centralized and unified system nationwide to manage, operate, update and
exploit land information.
24. “support
upon land repossession by the State” is a policy of the State providing
people whose land is repossessed and owners of property affixed to land with
support, in order to stabilize their livelihood, production and development, in
addition to the recompense amounts prescribed in this Law.
25. “Land-using
household” means those who share a marital, family or foster relationship
as prescribed by the marriage and family law, are living together and have
joint land use rights at the time of being allocated land or leased land, or
having LURs recognized by the State; or receiving LURs by disposition before
the date on which this Law comes into force.
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27. “land
destruction” means acts of deforming the terrain, degrading land quality,
causing land pollution, negating or reducing the land use capability for the
determined purpose.
28. “land use
plan” means the division of land use planning according to periods of time
for implementation.
29. “land
inspection” means the investigation, summary and review conducted at the
time of inspection by the State, based on the cadastral records and field
findings, and the land-related changes between two inspections.
30. “land
reclamation” means the expansion of land area within the range from the
shoreline positions with the lowest mean sea level of many years towards
Vietnamese waters.
31. “Trespass
to land” means the expansion of land area for use in a way that a land user
shifts boundary markers or land boundaries without permission from a competent
regulatory agency or from the lawful user of the illegally encroached land area.
32. “LUR lease
by the State” (hereinafter referred to as “land lease by the State")
means a competent regulatory agency’s issuance of a decision to lease out land
to an entity in need.
33. "LUR
recognition by the State” means a competent regulatory agency’s issuance of
a certificate of title for the first time to a person who is using stably a
determined land parcel as prescribed in this Law.
34. “LUR
allocation by the State” (hereinafter referred to as “land allocation by
the State") means a competent regulatory agency’s issuance of a
decision to allocate land to an entity in need.
35. “land
repossession by the State” means a competent regulatory agency’s issuance
of a decision to repossess the LURs of a land user or repossess the land of a
current land user or repossess the land that is allocated by the State to
manage.
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37. “rights to
lease in a land lease contract" means the land user’s rights
established when the State leases out with annual land rent payments.
The land user is entitled to convey his/her rights to lease in the land lease
contract; the conveyee is entitled to inherit the land user’s rights and
obligations according to this Law and other relevant laws.
38. "Stable
land use" means the use of land for a certain main purpose from the
time the land is first used for that purpose until the time a competent
regulatory agency assesses the land use stability.
39. “resettlement”
means the State’s grant of homestead land or housing at resettlement areas
or other suitable areas as a recompense for persons whose land is repossessed
or the State’s support by allocating settlement homestead land or housing to
persons who are ineligible for homestead land-related recompense as prescribed
herein but have no other place to live.
40. “land
degradation” is a land condition in which the land's original
characteristics and properties have changed in a negative direction due to the
impact of natural and human conditions.
41. “land
statistics “means the statistics produced by the State according to the cadastral
record of the current use of land and the land-related changes over a specific
period of time.
42. “land
parcel” means a land delimited by boundaries determined in the field or
described in a cadastral record.
43. “standardized
land parcel” means a land parcel with characteristics of area, shape
and size that are representative of land parcels in a value range, and is
selected as a standard for valuation of other land parcels in the value range.
44. “land levy”
is an amount of money payable to the State by a land user who is allocated
land on which a land levy is imposed by the State or permitted the land
repurposing, or in cases where the land use requires a land levy as prescribed
by law.
45. “land rent”
is an amount of money payable to the State by the tenant or the person
permitted by the State to repurpose land for lease, or in cases of land use
where land rents are imposed as prescribed by law.
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47. “land
dispute” means a dispute over rights and obligations of land users among
two or more parties.
48. “value range"
is an area where land parcels are adjacent to each other, serve the same
purpose and are similar in location, profitability, infrastructure conditions
and other factors affecting land prices.
49. “Vicinity” is
the land adjacent to intersections and traffic routes with potential for
development according to planning.
Article
4. Land users
Land users who are
allocated land, leased land, have LURs recognized by the State; who are using
land stably and are eligible for grant of certificates of title but have not
yet been granted certificates of LURs, certificates of home ownership and LURs
of homestead land, certificates of LURs and ownership of housing and other
property affixed to land or certificates of title; who receive LURs; or who
sublease land as prescribed by this Law include:
1. Vietnamese
organizations including:
a) Regulatory
agencies, agencies of the Communist Party of Vietnam, people's armed units,
Vietnam Fatherland Front, socio-political organizations,
socio-political-professional organizations, social organizations,
socio-professional organizations, public service providers and other
organizations established under the laws;
b) Business
organizations under the Law on Investment, except for the cases prescribed in
Clause 7 of this Article (hereinafter referred to as “business organizations”);
2. Religious
organizations and affiliated religious organizations;
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4. Populations;
5. Foreign
diplomatic organizations including diplomatic representative missions, consuls
and other representative missions of foreign countries serving the function of
diplomacy, which are recognized by the Government of Vietnam; representative
missions of organizations affiliated to the United Nations, inter-governmental
agencies or organizations, and representative missions of inter-governmental
organizations.
6. Persons of
Vietnamese descent residing overseas;
7.
Foreign-invested business organizations.
Article
5. Land use principles
1. Use land for
the intended purposes.
2. Sustainably,
economically and effectively use land and resources on the surface and
underground.
3. Protect land
and environment, adapt to climate change, do not abuse pesticides or chemical
fertilizers to pollute and degrade land.
4. Exercise land
users’ rights and perform land users’ obligations within the land use terms
prescribed herein and other provisions of relevant laws; do not violate
legitimate rights and interests of adjacent and surrounding land users.
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1. Legal
representatives of Vietnamese organizations and foreign-invested business
organizations; heads of foreign diplomatic organizations shall be responsible
for the use of land of their organizations.
2. Presidents of
the People’s Committees of third-level administrative divisions shall be
responsible for the use of agricultural land for public purposes; non-agricultural
land that has been allocated to the People's Committees of third-level
administrative divisions to use for the purpose of construction of the People's
Committees Offices and public works used for culture, education, health,
physical training and sports, entertainment, recreation, markets, cemeteries
and other public works of communes, wards and towns; religious land or belief
land that has not yet been allocated for management and use.
3. Representatives
of populations who are heads of villages, neighborhoods or similar residential
areas or who are persons appointed by their residential communities shall be
responsible for the use of allocated land.
4. Representatives
of religious organizations or affiliated religious organizations shall be responsible
for the use of land allocated to their organizations.
5. Individuals and
persons of Vietnamese descent residing overseas shall be responsible for the
use of their own land.
6. Persons who
share their LURs or representatives of persons who share their LURs shall be
responsible for their land use.
Article
7. Persons taking responsibilities before the State for the management of land
allocated to manage
1. Representative
of the following organizations shall be responsible for their land management:
a) Vietnamese
organizations assigned to manage public works and their safety corridors
according to provisions of law;
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c) Vietnamese
organizations assigned to manage repossessed land banks according to decisions
of competent regulatory agencies;
d) Business
organizations assigned to manage land area for carrying out investment projects
according to regulations of law.
2. Presidents of
the People’s Committees of third-level administrative divisions, Presidents of
the People’s Committees of second-level administrative divisions where
third-level administrative divisions are not established shall be responsible
for the management of allocated land used for public purposes, unallocated and
unleased land in their divisions.
3. Presidents of
the People’s Committees of first-level administrative divisions shall be
responsible for the management of vacant land on islands which has not been
allocated to second-level administrative divisions or third-level
administrative divisions.
4. Representatives
of populations shall be responsible for the management of the allocated land.
Article
8. Encouragement of investment in land
1. Increase the
efficiency in land use.
2. Protect,
improve and increase soil fertility; Treat polluted land and water-covered
land, restore degraded land.
3. Have land
reclaimed, put bare land, bare hills and mountains, land of floodplains and
coastal plains and uncultivated water-covered land into use according to
provisions of this Law.
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5. Develop
infrastructure for increasing the land value and develop underground works.
6. Develop
culture, health, education and training, physical training and sports, science
and technology and environment.
Article
9. Land classification
1. Depending on
use purposes, land is classified into three main categories: agricultural land,
non-agricultural land and vacant land.
2. The category of
agricultural land is classified into the following sub-categories/types:
a) Land for annual
production, including land for rice cultivation/ paddy cultivation and another
annual crop land;
b) Perennial crop
land;
c) Forestry land,
including dedicated forest land, protective forest land, and production forest
land;
d) Land for
aquaculture;
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e) Land for salt
production;
g) Other
agricultural land.
3. The category of
non-agricultural land includes:
a) Homestead land
including rural homestead land and urban homestead land;
b) Land for
construction of head offices/offices;
c) Land used for
national defense and security purposes (hereinafter referred to “national
defense land and security land”);
d) Land for
construction of public works, including land for construction of cultural
facilities, social facilities, health facilities, education and training
institutes, physical training and sports centers, science and technology
facilities, environmental facilities, hydro-meteorological centers, diplomacy
centers and other public works or land for construction of head
offices/offices of other public service providers;
dd) Land used for
non-agricultural business and production purposes, including land for
industrial parks and industrial clusters; land used for trading or service
purposes/commercial land; non-agricultural production establishment land; land
used for mineral-related activities;
e) Land used in
the public interest, including land used for transport; land used for
irrigation; land for water supply and drainage works; land for natural disaster
prevention and management works; land with historical-cultural monuments,
famous landscape, sights, natural heritage; land for waste treatment works;
land for energy and public lighting projects; land for post, telecommunications
and information technology infrastructure; land for residential markets and
wholesale markets; land for public entertainment, recreation and community
activities;
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h) Land used for
cemeteries, funeral service centers and cremation centers; land for ashes
storage facilities;
i) Dedicated
water-covered land;
k) Other non-agricultural
land.
4. The category of
vacant land includes unallocated/unleased land for which use purposes have not
been determined yet.
5. The Government
of Vietnam elaborates land categories in this Article.
Article
10. Determination of land categories
1. The
determination of land types shall be based on:
a) Certificate of
LUR, certificate of home ownership and LURs of homestead land, certificate of
LURs, ownership of housing and other property affixed to land; or certificate
of title;
b) Documents on
LURs prescribed in Article 137 of this Law in case the certificates mentioned
in point a of this clause have not yet been granted;
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2. In cases where
the documents prescribed in clause 1 of this Article are not available and
where the land type determined on the granted document is different from any of
the land types classified in this Law or the current use of the land, the land
type shall be determined according to regulations of the Government of Vietnam.
Article
11. Prohibited acts
1. Trespass to
land, land appropriation and land destruction.
2. Violation
against regulations of law on state management of land.
3. Violation
against policies on land for ethnic minorities.
4. Abuse of
positions and powers to violate regulations of law on land management.
5. Failure to provide
information or provide incorrect land information, failure to satisfy
requirements for time limits as prescribed by law.
6. Failure to
prevent or handle violations against land laws.
7. Failure to
comply with the law when exercising rights of land users.
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9. Failure to
perform or incomplete performance of financial obligations to the State.
10. Creation of
obstructions or difficulties for the land use or the exercise of land users'
rights according to provisions of law.
11. Gender
discrimination in land management and use.
Chapter
II
POWERS
AND RESPONSIBILITIES OF THE STATE IN RELATION TO LAND, RIGHTS AND OBLIGATIONS
OF CITIZENS IN RELATION TO LAND
Section
1. POWERS AND RESPONSIBILITIES OF THE STATE REPRESENTING LANDOWNERS IN RELATION
TO LAND
Article
12. Land ownership
Land is under
ownership by the people, represented and uniformly managed by the State.
The State grants LURs to land users in accordance with regulations of
this Law.
Article
13. Rights of the State as representative owner of land
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2. Right to decide
land use purposes on the basis of land use planning, land use plans, allocate
land, lease land, recognize LURs and permit land repurposing.
3. Right to set
land use limits including limits on agricultural land allocation, limits on
homestead land allocation, limits on recognition of homestead land and limits
on receipt of LURs of agricultural land by disposition.
4. Right to decide
land use terms.
5. Right to decide
land repossession.
6. Right to decide
land requisition.
7. Right to decide
land allocation without land levy payment, or land allocation with land levy
payment.
8. Right to decide
to lease out land with annual land rent payments, or to lease out land under
one-off arrangement.
9. Right to
recognize LURs.
10. Right to lay
down principles and methods of land valuation; issue a land price list and
decide specific land prices.
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12. Right to
establish rights and obligations of a land user in accordance with the land allocation,
land lease, recognition of LURs, land use origin and financial obligations of
the land user.
Article
14. The State exercising the right to represent land ownership
The State shall
exercise the right to represent land ownership under its jurisdiction
prescribed in this Law and other relevant laws via the following agencies:
1. The National
Assembly and the Standing Committee of National Assembly which promulgate laws,
ordinances and resolutions on land; decide national land use planning; exercise
rights to supervise the land management and use nationwide;
2. The People's
Councils at all levels which exercise rights to approve land use planning of
their areas before proposing the approval of competent authorities; to approve
the land repossession in order to carry out socio-economic development projects
in the national/public interest of their areas under their jurisdiction; to
approve repurposing of rice cultivation land/paddy fields, dedicated forest
land, protective forest land, and production forest land under their
jurisdiction prescribed in this Law; to decide land price lists; to supervise
the enforcement of land laws in their areas;
3. The Government
and the People’s Committees at all levels which exercise the right to represent
land ownership under its jurisdiction prescribed in this Law and other relevant
laws.
Article
15. Responsibilities of the State to land users
1. The State shall
establish policies to enable persons directly engaged in agriculture who do not
hold land used for production purpose due to the process of land-use and
economic restructuring to receive vocational training, change occupations and
find jobs.
2. The State shall
grant certificates of title to land users if they are qualified as prescribed
by land laws.
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4. The State shall
disseminate, provide guidance and legal assistance, according to regulations of
law, to land users, in regard to the implementation of policies, laws and
land-related administrative procedures, and exploitation of information in
national land databases.
5. The State shall
resolve land disputes; resolve land-related complaints and denunciations.
Article
16. Responsibilities of the State related to land for ethnic minorities
1. The State shall
have policies aimed to ensure communal land for ethnic minorities in accordance
with customs, practices, beliefs, cultural identity and actual conditions of
each region.
2. The State shall
provide land support for the first time to each individual who belongs to an
ethnic minority and a poor household or near-poor household in an ethnic
minorities and mountainous area, in accordance with customs, practices,
beliefs, cultural identity and actual conditions of each region, to ensure
stable life as follows:
a) Such individual
shall be allocated land within the prescribed limit and exempted or reduced
from land levy;
b) Such individual
shall be granted a permission to convert the existing land to homestead land
within the homestead land allocation limit and shall be exempted or reduced
from land levy if the land is allocated or leased by the State, or the LURs of
such land is recognized by the State, or the LURs of such land is received by
inheritance, donation or conveyance in accordance with regulations of law;
c) Such individual
shall be allocated agricultural land within the prescribed limit without land
levy payment;
d) Such individual
shall be leased out non-agricultural land not used for the residential
purpose for production or trading and shall be exempted or reduced from land
rent;
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3. The State shall
provide land support to ensure stable life of each individual belonging to an
ethnic minority who has been allocated or leased land by the State as
prescribed in clause 2 of this Article but has no land or lacks land now in
comparison with the prescribed limits and belongs to a poor household or
near-poor household in an ethnic minorities and mountainous area as follows:
a) In case of
having no longer homestead land, the State shall continue to allocate homestead
land whose land levy is exempted or reduced or grant a permission to repurpose
the existing land to homestead land within the prescribed limit on homestead
land allocation. In case of lacking homestead land, the State shall grant a
permission to convert the existing land to homestead land whose land levy is exempted
or reduced within the prescribed limit on homestead land allocation.
b) In case of
having no agricultural land or lacking agricultural land, the State shall
continue to allocate agricultural land on which a levy is not imposed within
the prescribed limit, or lease non-agricultural land excluding homestead land
for production or trading purpose whose land levy is exempted or reduced.
4. Land used for
implementing the policies prescribed in clauses 1, 2 and 3 of this Article
shall be allocated from the land banks managed by agencies or organizations of
the State or from the repossessed land banks in accordance with regulations in
clause 29 of Article 70 of this Law.
5. The People’s
Committees of first-level administrative divisions shall, based on the actual
situations and the land banks of their provinces, decide permissible area of
land to be allocated or leased for providing land support to individuals
belonging to ethnic minorities according to regulations in clause 3 of this
Article.
6. The People’s
Committees of first-level administrative divisions shall propose land-use
policies for ethnic minorities living in their provinces in accordance with
actual conditions of their divisions for the People's Councils at the same
level to issue and organize implementation thereof.
7. Annually, the
People’s Committees of third-level administrative divisions shall review and
report the cases in which land is not allocated or leased due to inadequacy,
unavailability of land, or land has been fully allocated or leased in
accordance with clause 2 and clause 3 of this Article; cases of violation
against land policies for ethnic minorities, cases where land has been
allocated or leased by the State according to clause 3 of this Article but is
no more needed and has to be repossessed to continue to implement land policies
for ethnic minorities according to this Article to the People’s Committees of
districts.
8. Budgets for
recompense, support and resettlement upon land repossession in accordance with clause
29 Article 79 of this Article; budgets for cadastral survey and documentation
and grant of certificates of title and other costs to implement land policies
for ethnic minorities shall be allocated from the state budget and other legal
capital sources according to provisions of law.
9. The Government
of Vietnam shall elaborate this Article.
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1. The State shall
protect legal rights to use land and property affixed to the land of land
users.
2. The State shall
not recognize the reclamation of land which has been allocated according to
regulations of the State to others during the implementation of land policies
of the State of the Democratic Republic of Vietnam and the Provisional
Revolutionary Government of the Republic of South Vietnam and the State of the
Socialist Republic of Vietnam.
Article
18. Responsibilities of the State in provision of land information
1. The State shall
ensure the right to access the national land information system of land users and
other organizations and individuals according to regulations of law; give
priority to the selection of forms suitable for traditional customs, practices
and culture of each ethnic group and each region.
2. The State shall
promptly announce or disclose information of the national land information
system to land users and other individuals and organizations, except for
information that is state secret according to regulations of law.
3. The State shall
inform administrative decisions and administrative acts in relation to land
management to land users and other organizations and individuals whose legal
rights and interests are affected.
Article
19. Roles and responsibilities of the Vietnamese Fatherland Front and member
organizations of the Vietnamese Fatherland Front in land use and management
1. The Central
Committee of the Vietnam Fatherland Front shall participate in developing laws
and making social criticism about draft legal documents on land, draft national
land use planning and plans and land-based projects subject to investment
guideline decision and approval by the National Assembly and the Prime
Minister.
2. Committees of
the Vietnam Fatherland Front at all levels shall:
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b) participate in
giving opinions on cases of land repossession, arrangements for recompense,
support and resettlement, and cases of following enforcement procedures upon
land repossession;
c) participate in
giving opinions and supervise the compilation and application of land price
list;
d) participate in
mediation of land disputes according to provisions of law;
dd) supervise the
implementation of policies and laws on land repossession and land requisition;
recompense, support and resettlement; land allocation, land lease and land
repurposing; grant of certificates of title.
3. The Vietnamese
Fatherland Front and member organizations of the Vietnamese Fatherland Front
shall be responsible for disseminating land policies and laws and
propagandizing the people to implement and comply with such land policies and
laws.
Section
2. State management of land
Article
20. Contents of state management of land
1. Promulgation
and organization of implementation of legislative documents on land use and
management.
2. Dissemination
and propaganda, provision of training and education, scientific research,
technology development and international cooperation in the land use and
management.
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4. Measurement,
adjustment, creation of cadastral maps, land use maps, future land use maps and
other maps dedicated to land management and use.
5. Land survey and
valuation, and land conservation and restoration.
6. Preparation,
adjustment and management of land use planning and plans.
7. Land
allocation, land lease, land repossession, recognition of LURs, land
requisition, land repurposing.
8. Survey on land
prices, compilation of land price lists, determination of specific land prices,
and management of land prices.
9. Land-related
financial management.
10. Recompense,
support, resettlement upon land repossession or land requisition.
11. Development,
management and exploitation of land banks.
12. Land
registration, preparation and management of cadastral records; grant,
correction, revocation and cancellation of certificates.
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14. Development,
management, operation and exploitation of the national land information system.
15. Management and
supervision of the exercise of rights and obligations of land users
16. Settlement of
land disputes; resolution of land-related complaints and denunciations.
17. Provision and
management of land-related public services.
18. Inspection,
examination, supervision, monitoring and assessment of the compliance with
regulations of land law and handling of violations against regulations of land
law.
Article
21. Tasks, powers of the Government, Prime Minister, Ministries, Ministerial
agencies and local authorities at all levels
1. The Government
shall unify state management of land throughout the country.
2. The Prime
Minister shall perform tasks of state management of land according to
regulations of this Law.
3. The Ministry of
Natural Resources and Environment shall assist the Government and the Prime
Minister in state management relating to land.
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5. Local
authorities at all levels shall take responsibility for state management of
land in their areas under their jurisdiction as prescribed in this Law.
Regarding
second-level administrative divisions without third-level administrative divisions,
the People's Councils and the People’s Committees of second-level
administrative divisions shall perform tasks and exercise powers of the
People's Councils and the People’s Committees of third-level administrative
divisions as prescribed in this Law.
Article
22. Land authorities and cadastral officials of third-level administrative
divisions
1. The system of
land authorities shall be uniformly operated from the central authority to
local authorities.
2. The Central
land authority shall be the Ministry of Natural Resources and Environment of
Vietnam.
3. Local land
authorities shall be established in first-level/second-level administrative
divisions.
4. Land-related
public service providers, including land registration authorities, land bank
development organizations and other public service providers shall be
established and operated according to regulations of the Government of Vietnam.
5. The People’s
Committees of third-level administrative divisions shall employ cadastral
officials according to regulations of the Law on Officials. Cadastral officials
shall be responsible for assisting the People’s Committees of third-level
administrative divisions in land management in their divisions.
Section
3. RIGHTS AND OBLIGATIONS OF CITIZENS IN RELATION TO LAND
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1. Rights to
participate in developing and supervising the completion and implementation of
policies and laws on land.
2. Rights to participate
in state management, contribution of opinions, discussion and recommendation,
and report issues related to land management and use to regulatory agencies.
3. Rights to
equality and gender equality in land management and use.
4. Rights to
participate in auctioning LURs, bidding for selection of investors to carry out
land-based projects (hereinafter referred to as “bidding for investor
selection”) according to provisions of law; request the State to allocate land
or lease land without LUR auctions or bidding for investor selection according
to provisions of law.
5. Rights to
receive conveyed LURs, receive donated LURs, receive inherited LURs, receive
LURs contributed as capital and lease LURs; rights to sell, purchase and
receive conveyed shares and contributed capital which are LUR values according
to the provisions of law.
6. Rights to
exercise rights of land users according to regulations of this Law.
Article
24. Right to access land information
1. Citizens are
granted the right to access the following land information:
a) Land use
planning and plans, and planning related to land use which have been decided
and approved by competent regulatory agencies;
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c) Land allocation
and land lease;
d) Land price
lists which have been disclosed;
dd) Arrangements
for recompense, support and resettlement upon land repossession, which have
been approved by competent authorities;
e) Results of the
inspection, examination and settlement of land disputes; results of the
resolution of land-related complaints and denunciations, results of the
handling of violations against land laws;
g) Land-related
administrative procedures;
h) Legislative
documents on land;
i) Other land
information according to provisions of law.
2. The access to
land information shall be provided in accordance with regulations of this Law,
laws on access to information and other relevant laws.
Article
25. Obligations of citizens in relation to land
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2. Preserve,
protect and develop land resources.
3. Respect LURs of
other land users.
Chapter
III
RIGHTS
AND OBLIGATIONS OF LAND USERS
Section
1. GENERAL PROVISIONS
Article
26. Rights of all land users
1. Land users shall
be granted certificates of title if they are qualified as prescribed by land
laws.
2. Land users
shall be granted the right to obtain results of labor and investment from land
which is used lawfully.
3. Land users
shall be granted the right to enjoy benefits from the State's investment in
agricultural land conservation, restoration and development.
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5. Land users
shall be protected by the State against others’ infringements of their lawful
rights and benefits related to land.
6. Land users
shall be granted the right to land repurposing according to this Law and other
relevant laws.
7. Land users
shall be recompensed, supported and resettled if their land is repossessed
according to this Law.
8. Land users
shall have the right to complain, denounce and sue for violations against their
lawful LURs and other violations against land law.
Article
27. Rights to exchange, convey, lease, sublease, inherit, donate LURs; mortgage
LURs and contribute LURs as capital
1. Each land user
shall be granted rights to exchange, convey, lease, sublease, inherit, donate
LURs; to mortgage LURs and to contribute land use rights as capital according
to this Law and other relevant laws.
2. A group of land
users who share their LURs to each other shall have the following rights and
obligations:
a) A group of land
users including households and individuals shall have the same rights and
obligations as those of individuals according to this Law.
In case where a
member of a group of land users is a business organization, the rights and
obligations of the group shall be same as those of the business organization
according to this Law;
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In case where the
LURs are not divided among members of a group of land users, members of the
group shall together exercise or empower a representative to exercise rights
and obligations of the group.
3. The
notarization and certification of contracts and documents on the exercise of
rights of land users shall be conducted as follows:
a) Contracts on
conveyance, donation, mortgage or capital contribution with LURs or rights to
use land and property thereon must be notarized or certified, except for the
case prescribed at point b of this clause;
b) Contracts on
lease or sublease of LURs or rights to use land and property thereon, a
contracts on exchange of agricultural LURs; contracts on conveyance and capital
contribution with LURs or rights to use land and property thereon and property
affixed to the land in which one party or all parties involved in transactions
is/are a real estate business organization(s) must be notarized or certified at
the request of the parties;
c) Documents on
inheritance of LURs or rights to use land and property thereon must be
notarized or certified according to civil law;
d) The
notarization and certification shall comply with laws on notarization and
certification.
Article
28. Receiving LUR
1. Receivers of
LURs include:
a) Individuals
whose LURs are exchanged with those of other individuals according to point b
clause 1 Article 37 of this Law;
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c)
Foreign-invested business organizations and persons of Vietnamese descent
residing overseas who are permitted to enter Vietnam whose rights to use land
in industrial parks, industrial clusters and high-tech parks are conveyed from
others;
d) Foreign-invested
business organizations whose invested capital which is LUR value is conveyed
from others according to regulations of the Government;
dd) Business
organizations and foreign-invested business organizations whose LURs are
transferred by contributing them as capital;
e) Vietnamese
organizations, individuals and populations whose LURs are donated according to
this Law;
g) Vietnamese
organizations, individuals and populations whose LURs are inherited from
others;
h) Persons of Vietnamese
descent residing overseas who are permitted to enter Vietnam who are permitted
to buy, lease purchase housing affixed to LURs of homestead land; receive LURs
of homestead land within housing development projects; inherit LURs of
homestead land and other categories of land in the same parcel with housing
under civil laws; receive housing affixed to LURs of homestead land gifted by
lawful heirs under civil laws;
i) Vietnamese
organizations, individuals and populations, religious organizations, affiliated
religious organizations and persons of Vietnamese descent residing overseas
that are allocated land by the State; foreign-invested business organizations
that are allocated land to carry out projects for investment and construction
of housing for sale or for both sale and lease;
k) Business
organizations, public service providers, religious organizations, affiliated
religious organizations, individuals, persons of Vietnamese descent residing
overseas, foreign-invested business organizations, foreign diplomatic
organizations that are leased land by the State;
l) Vietnamese
organizations, individuals, populations, religious organizations, affiliated
religious organizations whose LURs of land that is being used stably are
recognized by the State;
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n) Populations,
religious organizations, affiliated religious organizations whose LURs are
received as a result of the successful resolution of land disputes through
mediation which is recognized by the competent People’s Committees; according
to debt settlement clauses in mortgage agreements; according to decisions on
resolution of land disputes, land-related complaints and denunciations of
competent authorities, judgments and decisions of Courts, judgments of judgment
enforcement agencies, which have been enforced; according to decisions or
rulings of arbitral tribunals;
o) Vietnamese
organizations which are new legal entities established through division,
separation, merger, consolidation or conversion of organizational structures
according to decisions of competent authorities or organizations or documents
on the division, separation, merger, consolidation, conversion of organizational
structures of business organizations in accordance with the law whose LURs are
received from organizations that are legal entities being divided, separated,
merged, consolidated or converted.
2. Vietnamese
organizations and individuals shall receive LURs through conveyance according
to the law, regardless of their place of residence or office, except for the
cases specified in clause 8, Article 45 and Article 48 of this Law.
3. For areas with
limited access to land, the receipt of LURs specified in clauses 1 and 2 of
this Article shall comply with orders and procedures prescribed by the
Government.
Article
29. Rights over adjacent parcels
1. Rights over
adjacent parcels include rights of way; rights to water supply and drainage;
rights to irrigation; gas supply rights; rights to install power transmission
lines, communication systems and other necessary needs in accordance with laws.
2. Rights to
adjacent parcels shall be established, changed or terminated according to civil
laws; and rights of way; rights to water supply and drainage and rights to
irrigation shall be registered according to Article 133 of this Law.
Article
30. Rights to choose land rent payment methods
1. Business
organizations, public service providers, individuals, persons of Vietnamese
descent residing overseas, foreign-invested business organizations that are
leasing land from the State with annual land rent payments may make a lump-sum
payment of land rent for the entire lease term if so eligible under this Law.
However, the land price for calculation of land rent at the issuance date of
the decision to permit lump-sum payment of land rent must be re-determined.
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3. Public service
providers allocated land by the State on which land levies are not imposed who
wish to use a part or whole of the allocated land area for production, business
or service provision may convert to land lease with annual land rent payments
for such area.
Article
31. Obligations of all land users
1. Use land for
the intended purposes, within the parcel boundaries, in accordance with
regulations on the use of underground depth and overhead height, protect
underground public works and comply with other relevant laws.
2. Declare land
registration; follow proper procedures for exchange, convey, lease, sublease,
inheritance or donation of LURs, mortgage or capital contribution with LURs
according to the law.
3. Fulfil
land-related financial obligations according to the law.
4. Impose land
conservation, treatment and restoration measures on polluted and degraded land
areas caused by land users themselves.
5. Comply with
regulations on environmental protection, do not damage property and legitimate
interests of relevant land users.
6. Comply with
laws on finding objects in the ground.
7. Hand over land
upon issuance of the State's decision on land repossession according to the
law.
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Article
32. Rights and obligations of Vietnamese organizations, individuals,
residential communities, religious organizations and affiliated religious
organizations allocated land by the State on which land levies are not imposed
1. Vietnamese
organizations, religious organizations and affiliated religious organizations
allocated land by the State on which land levies are not imposed shall have
common rights and obligations as prescribed in Article 26 and Article 31 of
this Law.
2. Vietnamese
organizations, religious organizations and affiliated religious organizations
allocated land by the State on which land levies are not imposed shall not have
rights to exchange, convey, donate and lease out LURs, mortgage and contribute
LURs as charter capital.
Article
33. Rights and obligations of Vietnamese organizations that are allocated land
with land levy payment, or those that are leased land by the State under
one-off arrangement
1. Business
organizations that are allocated land by the State with land levy payment or
those that are leased land by the State under one-off arrangement shall have
the following rights and obligations:
a) The common
rights and obligations prescribed in Article 26 and Article 31 of this Law;
b)
Rights/obligations to convey LURs and privately owned property affixed to the
land;
c)
Rights/obligations to lease rights to use land and privately owned property
affixed to the land in case where the State allocates land on which land levies
are imposed; to sublease rights to use land and privately owned property
affixed to the land in case where the State leases out land under one-off
arrangement;
d)
Rights/obligations to donate LURs to the State; to donate LURs to populations
for construction of works serving the common interests of populations or
expansion of roads according to planning; to donate LURs for building gratitude
houses, charity houses, and great solidarity houses affixed to land according
to the law;
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e)
Rights/obligations to contribute rights to use land and privately owned
property affixed to the land as charter capital of Vietnamese organizations,
individuals, persons of Vietnamese descent residing overseas or
foreign-invested business organizations according to the law.
2. Public service
providers that are leased out land by the State under one-off arrangement for
investment in industrial park or industrial cluster infrastructure for
commercial purposes as prescribed in clause 2 Article 202 of this Law shall
have the rights and obligations as prescribed in clause 1 of this Article.
3. Vietnamese
organizations that are allocated land by the State with land levy payment, or
leased out land by the State under one-off arrangement but are given reduction
or exemption of land levies or land rents shall have the following rights and
obligations:
a) In case where
organizations that are allocated land for carrying out investment projects
aiming to construct social housing, housing for the people’s armed forces or
investment projects aiming to renovate or reconstruct apartment buildings are
given reduction or exemption from land levies, they have the same rights and
obligations as in the case of not being entitled to reduction or exemption;
b) In case where a
Vietnamese organization that is allocated land by the State with land levy
payment, or leased out land by the State under one-off arrangement for carrying
out an investment project for business purposes is given a reduction or
exemption of land levy or land rent, it shall have the same rights and
obligations as in the case of not being entitled to exemption or reduction; in
case where a Vietnamese organization conveys or contributes its LURs as charter
capital, it must pay the State an amount equal to the amount of land levy or
land rent that has been exempted or reduced at the time of allocation, lease or
repurposing of the land unless otherwise prescribed by the law.
Article
34. Rights and obligations of business organizations, public service providers,
religious organizations and affiliated religious organizations using land
leased out by the State with annual land rent payments
1. Business
organizations, religious organizations and affiliated religious organizations
leased out land by the State with annual land rent payments shall have the
following rights and obligations:
a) The common
rights and obligations prescribed in Article 26 and Article 31 of this Code;
b)
Rights/obligations to mortgage privately owned property affixed to the land at credit
institutions permitted to operate in Vietnam, other business organizations or
individuals according to the law;
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d)
Rights/obligations to contribute privately owned property affixed to the land
as charter capital within the land lease term; recipients of the capital
contributions may continue leasing the land for the intended purposes within
the remaining lease terms;
dd)
Rights/obligations to lease out privately owned property affixed to the land
and rights to lease in land lease contracts;
e)
Rights/obligations to sublease LURs with annual land rent payments of land on
which industrial park or industrial cluster or high-tech park infrastructure
has been constructed in case where the organizations are permitted to make
investment in infrastructure for commercial purposes; sublessees of LURs must
use land for the intended purposes and fulfill financial obligations according
to the law.
2. Public service
providers leased out land by the State with annual land rent payments which are
not entitled to use land for investment in industrial park or industrial
cluster infrastructure for commercial purposes as prescribed in clause 2
Article 202 of this Law shall have the rights and obligations as prescribed in
clause 1 of this Article, except for rights to sale or to mortgage of property
affixed to land and rights to capital contribution with property affixed to
land and rights to lease in land lease contracts. Regarding the use of land in
the land bank leased out by the State for both its intended purposes and
another purposes:
a) A public
service provider having land leased out by the State shall be permitted to use
the land for multi-purposes according to the arrangement that has been approved
by a governing body in accordance with this Law and relevant laws; in case
where the land is leased for investment in construction works on the land, it
is required to be in accordance with the construction law. The use of the
mixed-use land must be recorded as prescribed by laws;
b) A public
service provider having land and wishing to lease the land, to use the land for
joint venture or association with a business organization must prepare a scheme
to use public property for lease, for joint venture or association purposes
which is approved by a competent authority according to laws on management and
use of public property.
3. Business
organizations or public service providers using land leased out from
organizations or individuals outside industrial parks, industrial clusters, and
high-tech parks shall have rights and obligations according to civil laws.
Article 35. Rights and obligations of business organizations
whose LURs are conveyed from others or those using land which is repurposed
1. Business organizations
to whom LURs are conveyed and business organizations repurposing land shall
have the common rights and obligations as prescribed in Article 26 and Article
31 of this Law.
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3. A business
organization to whom LURs of agricultural land are conveyed according to the
law shall have the following rights and obligations:
a) In case the
business organization receives the conveyed LURs and does not repurpose the
land, it shall have the rights and obligations as prescribed in clause 1 and clause
3 Article 33 of this Law;
b) In case where
the business organization receives the conveyed LURs and repurposes the land
which is allocated by the State with land levy payment or leased out by the
State under one-off arrangement, it shall have the rights and obligations as
prescribed in clause 1 and clause 3 Article 33 of this Law;
c) In case where
the business organization receives the conveyed LURs and repurposes the land
which is leased out by the State with annual land rent payments, it shall have
the rights and obligations as prescribed in clause 1 Article 34 of this Law.
4. Rights and
obligations of a business organization using land that is permitted by a
competent regulatory agency to change from using land without land levy payment
to using land with land levy payment, or to lease out the land are as follows:
a) In case where
the business organization is allocated land by the State with land levy payment
or leased out land by the State under one-off arrangement, it shall have the
rights and obligations as prescribed in clause 1 and clause 3 Article 33 of
this Law;
b) In case where
the business organization is leased out land by the State with annual land rent
payments, it shall have the rights and obligations as prescribed in clause 1
Article 34 of this Law.
Article
36. Rights and obligations of business organizations to whom capital is
contributed by transferring LURs; LURs of business organizations upon
dissolution or bankruptcy
1. A business
organization to whom charter capital is contributed by transferring LURs from
an individual or another business organization shall have the rights and
obligations as prescribed in Article 33 of this Law in the following cases:
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b) The land of the
individual contributing LURs as charter capital is leased out by the State with
annual land rent payments.
2. LURs of a
cooperative or a cooperative union upon dissolution or bankruptcy shall be
regulated as follows:
a) In case the
land is allocated by the State without land levy payment; or the land is
allocated by the State with land levy payment, leased out, or acquired by
purchasing property affixed to the land or by receiving LURs which are lawfully
conveyed from another person and the land levy, land rent, payment for the
purchase of property affixed to the land and payment for the conveyance of LURs
are supported by the State, the land shall be repossessed by the State
according to this Law and laws on cooperatives;
b) In case the
land is allocated by the State with land levy payment, leased out by the State
under one-off arrangement, acquired by purchasing property affixed to the land
or by receiving LURs which are lawfully conveyed from another person and the
land levy, land rent, payment for the purchase of property affixed to the land
and payment for the conveyance of LURs are not supported by the State; or the
LURs of the cooperative or the cooperative union are contributed by a member,
the land shall not be repossessed by the State, and the LURs shall belong to
the cooperative or the cooperative union and be handled according to the
charter of the cooperative or the cooperative union, or the resolution of the
general meeting of members.
3. LURs of a
business organization which is an enterprise upon dissolution or bankruptcy
shall be handled according to laws on enterprise, laws on bankruptcy and other
relevant laws.
Section
3. RIGHTS AND OBLIGATIONS OF Individuals,
residential communities using land
Article
37. Rights and obligations of individuals using land
1. An individual
using agricultural land which is allocated by the State within the land
allocation limit; land which is allocated by the State with land levy payment
or leased by the State under one-off arrangement, or land with LURs recognized
by the State; or land which is acquired by conveyance, donation, inheritance
shall have the following rights and obligations:
a) The common
rights and obligations prescribed in Article 26 and Article 31 of this Code;
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c)
Right/obligation to convey LURs and privately owned property affixed to land
according to the law;
d)
Right/obligation to lease out LURs and privately owned property affixed to land
to another organization, individual or person of Vietnamese descent residing
overseas who making investment in Vietnam;
dd) Right to
bequeath LURs and privately owned property affixed to land by a testament or
under the law.
If an inheritor of
Vietnamese descent residing overseas falls into the category defined in clause
1 Article 44 of this Law, he/she is entitled to inherit LURs; otherwise, he/she
is only entitled to receive the value of the inherited LURs;
e)
Rights/obligations to donate LURs to the State; to donate LURs to populations for
construction of works serving the common interests of the community or
expansion of roads according to planning; to donate LURs for building gratitude
houses, charity houses, and great solidarity houses affixed to land according
to the law; to donate LURs, privately owned property affixed to land of an
individual or a person of Vietnamese descent residing overseas falling into the
category defined in clause 1Article 44 of this Law;
g)
Right/obligation to mortgage LURs and privately owned property affixed to land
at a credit institution permitted to operate in Vietnam, another business
organization or individual according to the law;
h)
Rights/obligations to contribute LURs and privately owned property affixed to
the land as charter capital of an organization, to contribute LURs with an
individual or a person of Vietnamese descent residing overseas for cooperation
in production and business.
2. An individual
who is leased out land by the State with annual land rent payments shall have
the following rights and obligations:
a) The common
rights and obligations prescribed in Article 26 and Article 31 of this Code;
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c)
Rights/obligations to bequeath or donate privately owned property affixed to
the leased land and the right to lease in the land lease contract; the
inheritor, donee, in this case, may continue leasing the land for the intended
purpose from the State;
d)
Rights/obligations to lease out privately owned property affixed to the leased
land, to sublease the right to lease in the land lease contract;
dd)
Right/obligation to mortgage privately owned property affixed to the leased
land at credit institutions permitted to operate in Vietnam, other business
organizations or individuals according to the law;
e)
Right/obligation to make a capital contribution with privately owned property
affixed to the leased land to an organization, individual or person of
Vietnamese descent residing overseas within the land lease term; the recipient
of such capital contribution may continue leasing the land from the State for
the intended purpose within the remaining lease term.
3. An individual
who subleases land in an industrial park, industrial cluster or high-tech park
shall have the following rights and obligations:
a) In case the
individual leases land or subleases land under one-off arrangement, he/she
shall have the rights and obligations prescribed in clause 1 of this Article;
b) In case where
the individual leases land or subleases land with annual land rent payments,
he/she shall have the rights and obligations prescribed in clause 2 of this
Article.
4. An individual
who is allocated land or leased out land by the State is given reduction of or
exemption from land levy or land rent shall have the same rights and
obligations as being not entitled to reduction of or exemption from land levy
or land rent.
5. An individual
who uses land leased from an organization or individual that does not fall into
the case specified in clause 3 of this Article shall have the rights and
obligations according to civil laws.
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1. Each individual
who has land repurposed from land allocated by the State without land levy
payment to land allocated by the State with land levy payment or to land leased
out by the State shall have the rights and obligations prescribed in Article 26
and Article 31 of this Law.
2. An individual
who uses land which is repurposed, with the permission of a competent
regulatory agency, from land allocated by the State without land levy payment
to land allocated by the State with land levy payment or to land leased out by
the State shall have the following rights and obligations:
a) In case where
the individual is allocated land by the State with land levy payment or leased
out land by the State under one-off arrangement, he/she shall have the rights
and obligations prescribed in clause 1 Article 37 of this Law;
b) In case where
the individual is leased out land by the State with annual land rent payments,
he/she shall have the rights and obligations prescribed in clause 2 Article 37
of this Law.
Article
39. Rights and obligations of populations using land
1. A population
using land shall have the common rights and obligations prescribed in Article
26 and Article 31 of this Law.
2. A population
using land shall have the same rights and obligations as those of an individual
using land in the same mode, except for the right to bequeath.
In case where a
population is allocated land by the State without land levy payment, or has
LURs recognized by the State in the mode of land allocation without land levy
payment, it shall not have rights to exchange, convey, donate or lease out
LURs, mortgage or contribute LURs as charter capital.
Section
4. rights and obligations of foreign
diplomatic organizations, Persons of Vietnamese descent residing overseas and
foreign-invested business organizations using land
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1. A foreign
diplomatic organization using land in Vietnam shall have the following rights
and obligations:
a) The common rights
and obligations prescribed in Article 26 and Article 31 of this Code;
b)
Right/obligation to construct works on land under licences issued by competent
regulatory agencies of Vietnam;
c)
Right/obligation to possess private works located on the leased land within the
land lease term;
d) The return of
land and disposition of LURs of a foreign diplomatic organization upon no
longer using the leased land for the intended purpose shall comply with
international treaties, international agreements and regulations of the law.
2. In case an
international treaty to which the Socialist Republic of Vietnam is a signatory
contains other provisions, such international treaty shall govern rights and
obligations of a foreign diplomatic organization.
Article
41. Rights and obligations of persons of Vietnamese descent residing overseas
and foreign-invested business organizations using land for carrying out
investment projects in Vietnam
1. A person of
Vietnamese descent residing overseas who carries out an investment project in
Vietnam and is allocated land by the State with land levy payment shall have
the rights and obligations prescribed in clause 1 Article 33 of this Law.
2. A person of
Vietnamese descent residing overseas or a foreign-invested business
organization leased out land by the State with annual land rent payments shall
have the following rights and obligations:
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b)
Right/obligation to mortgage privately owned property affixed to the leased
land at credit institutions permitted to operate in Vietnam;
c)
Right/obligation to make capital contribution with privately owned property
affixed to the leased land within the land lease term; the recipient of such
contributed capital may continue leasing the land for the intended purpose
within the remaining lease term;
d)
Right/obligation to sell privately owned property affixed to the leased land,
or to sell privately owned property affixed to the leased land and the right to
lease in the land lease contract if the lessee meets the requirements
prescribed in Article 46 of this Law. A purchaser of the property affixed to
the leased land and the right to lease in the land lease contract may continue
leasing the land for the intended purpose within the remaining land use term,
and have the rights and obligations of the land user (leesor) according to this
Law and other relevant laws;
dd)
Right/obligation to lease out privately owned property affixed to the leased
land and the right to lease in the land lease contract;
e)
Right/obligation to sublease LURs with annual land rent payments of land on
which industrial park or industrial cluster or high-tech park infrastructure
has been constructed in case where the sublessor is permitted to make
investment in infrastructure for commercial purposes; the sublessee
(under-lessee) of LURs must use land for the intended purpose and fulfill
financial obligations according to the law.
3. A person of
Vietnamese descent residing overseas or a foreign-invested business
organization leased land by the State under one-off arrangement; a
foreign-invested business organization allocated land by the State with land
levy payment for carrying out a project shall have the following rights and
obligations:
a) The common
rights and obligations prescribed in Article 26 and Article 31 of this Code;
b)
Right/obligation to convey LURs and privately owned property affixed to the
land within the land use term;
c)
Right/obligation to lease out or sublease LURs and privately owned property
affixed to the land within the land use term;
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dd)
Right/obligation to make capital contribution with LURs and privately owned
property affixed to the land.
4. A
foreign-invested business organization using land derived from the foreign
investor’s purchase of shares or capital contribution shall have the rights and
obligations prescribed in clause 2 and clause 3 of this Article corresponding
to the mode of using land with land levy payment or land rent payment.
5. A person of
Vietnamese descent residing overseas or a foreign-invested business
organization leased land by the State under one-off arrangement or allocated
land by the State for carrying out investment projects in Vietnam that is given
a reduction of or an exemption from land levy or land rent shall have the
rights and obligations prescribed in clause 3 Article 33 of this Law.
Article
42. Rights and obligations of foreign-invested business organizations which are
using LURs contributed as capital
1. A
foreign-invested business organization to whom LURs of land which is allocated
by the State with land levy payment or leased out by the State under one-off
arrangement are transferred shall have the rights and obligations as prescribed
in clause 3 Article 41 of this Law.
2. A
foreign-invested business organization which is converted from a joint venture
to which LURs are contributed as capital shall have the following rights and
obligations:
a) The rights and
obligations prescribed in clause 2 Article 41 of this Law in case the LURs
contributed as capital heretofore are not permitted to be used for carrying out
housing investment projects for commercial purposes and the foreign-invested
business organization is leased out land by the State with annual land rent
payments according to this Law;
b) The rights and
obligations prescribed in clause 3 Article 41 of this Law in case the LURs
contributed as capital heretofore are not permitted to be used for carrying out
housing investment projects for commercial purposes and the foreign-invested
business organization is leased out land by the State under one-off arrangement
according to this Law;
c) The rights and
obligations prescribed in clause 3 Article 41 of this Law in case the LURs
contributed as capital heretofore are permitted to be used for carrying out
housing investment projects for commercial purposes and the foreign-invested
business organization is allocated land by the State with land levy payment
according to this Law;
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Article
43. Rights and obligations of persons of Vietnamese descent residing overseas
and foreign-invested business organizations using land in industrial parks,
industrial clusters and high-tech parks
1. A person of
Vietnamese descent residing overseas to whom LURs of land in industrial parks,
industrial clusters or high-tech parks are conveyed shall have the rights and
obligations prescribed in clause 1 and clause 3 Article 33 of this Law.
2. A person of
Vietnamese descent residing overseas or a foreign-invested business
organization that leases land or subleases land in industrial parks, industrial
clusters or high-tech parks shall have the following rights and obligations:
a) The rights and
obligations prescribed in clause 1 and clause 3 Article 33 of this Law in case
of one-off arrangement;
b) The rights and
obligations prescribed in clause 1 Article 34 of this Law in case of annual
rent payment.
Article
44. Rights and obligations in terms of use of homestead land of persons of
Vietnamese descent residing overseas entitled to possess housing in Vietnam;
foreigners or persons of Vietnamese descent residing overseas not entitled to
possess housing affixed to LURs in Vietnam
1. A person of
Vietnamese descent residing overseas who is permitted to enter Vietnam shall be
entitled to possess housing affixed to LURs in Vietnam; have LURs of homestead
land that are received by disposition within housing development projects.
2. A person of
Vietnamese descent residing overseas falling into the entities defined in
clause 1 of this Article shall have the following rights and obligations:
a) The common
rights and obligations prescribed in Article 26 and Article 31 of this Code;
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c)
Right/obligation to convey, lease out, donate, bequeath LUR of homestead land
or make capital contribution with LURs of homestead land according to this Law;
d) Right/obligation
to mortgage housing affixed to LURs of homestead land at credit institutions
permitted to operate in Vietnam.
3. In case all
inheritors of LURs, ownership of housing and other property affixed to land are
foreigners or persons of Vietnamese descent residing overseas who are not
entitled to possess housing affixed to LURs in Vietnam as prescribed in clause
1 of this Article, these inheritors shall not be granted certificates of title
but be granted permissions to convey or donate the inherited LURs
according to the following regulations:
a) In case of
conveying LURs, the conveyor in the LUR conveyance contract shall be the
inheritor;
b) In case of
donating LURs, the donee shall fall into the entities prescribed in point e
clause 1 Article 37 of this Law and be in accordance with housing laws, and the
inheritor shall be the donor in the deed of gift;
c) In case the
LURs have not been conveyed or donated, the inheritor or authorized
representative shall submit documents on the inheritance to a land registration
authority for being updated on the cadastral register.
4. In case one of
the inheritors is a person of Vietnamese descent residing overseas who is not
entitled to possess housing affixed to LURs in Vietnam and the others are
entitled to inheritance of LURs according to land laws but the inherited LURs
have not been divided among the inheritors, the inheritors or authorized
representative shall submit documents on the inheritance at a land registration
authority for being updated on the cadastral register.
After the
inheritance distribution is completed, a certificate of title shall be granted
to the eligible person; regarding a person of Vietnamese descent residing
overseas who is not entitled to possess housing affixed to LURs in Vietnam,
clause 3 of this Article shall govern the inheritance.
5. Inheritors in
the cases prescribed in point c clause 3 and clause 4 of this Article may
authorize other persons in writing to tend or temporarily use land and shall
fulfil obligations according to land laws and other relevant laws.
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Article
45. Conditions for exercise of rights to exchange, convey, lease, sublease,
inherit, donate LURs; mortgage LURs and contribute LURs as capital; receive
LURs through conveyance or donation
1. A land user
shall be granted rights to exchange, convey, lease, sublease, inherit, donate
LURs; mortgage LURs and contribute land use rights as capital if all of the
following conditions are met:
a) He/she has a
certificate of LURs, certificate of home ownership and LURs of homestead land,
certificate of LURs, ownership of housing and property affixed to land; or
certificate of title, except for cases of inheritance of LURs, agricultural
land repurposing upon transfer of LUR ownership or donation of LURs to the
State or populations and the cases prescribed in clause 7 Article 124 and point
a clause 4 Article 127 of this Law;
b) The land is not
in dispute or was solved beyond dispute by a competent regulatory agency, under
a judgement or decision of a Court, a decision or ruling of an arbitrator that
has taken legal effect;
c) The LURs must
not be subject to distraint or other coercive measures in order to ensure the
judgment enforcement complies with civil judgement enforcement laws;
d) Such rights are
exercised within the land use term;
dd) The LURs must
not be subject to provisional emergency measures in accordance with laws.
2. In case an
investor conveys LURs of land on which technical infrastructure has been involved
in a real estate project, in addition to the conditions prescribed in clause 1
of this Article, other conditions under Law on Real Estate Business and Law on
Housing must also be met.
3. Regarding a
land user, upon exercising rights to exchange, convey, lease, sublease,
inherit, donate LURs; mortgage LURs and contribute land use rights as capital,
the following conditions must also be met in addition to the conditions
prescribed in clause 1 of this Article:
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b) In case of
exchanging LURs of agricultural land, the conditions prescribed in Article 47
of this Law must be met;
c) In case of
exercising LURs of an individual who is an ethnic minority allocated land or
leased out land according to clause 3 Article 16 of this Law, the conditions
prescribed in Article 48 of this Law must be met.
4. In case of
receiving inherited LURs, the inheritor shall be entitled to exercise the
rights if he/she is granted a certificate of LURs or certificate of home
ownership and LURs of homestead land or certificate of LURs, ownership of
housing and other property affixed to land or certificate of title, or is
eligible for a certificate of title according to this Law.
5. In case a land
user is allowed to delay the discharge of his/her financial obligations or be under
financial obligations, he/she is required to fulfil his/her financial
obligations before exercising the rights to exchange, convey, lease, sublease,
inherit, donate LURs, mortgage LURs and contribute land use rights as capital.
6. IF a business
organization receives the LURs of agricultural land by conveyance, it must
prepare an arrangement for using the agricultural land which is approved by the
People's Committee of a second-level administrative division. The arrangement
must consist of the following contents:
a) Location, area,
purpose of use;
b) Agricultural
production and business plan;
c) Invested
capital;
d) Land use term;
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7. If an
individual who is not directly engaged in agriculture receives the LURs of rice
cultivation land by conveyance or donation in excess of the limit prescribed in
Article 176 of this Law, he/she must establish a business organization and
prepare an arrangement for using rice cultivation land which consists of the
contents prescribed in clause 6 of this Article and is approved by the People's
Committee of the second-level administrative division, unless such LURs are
lawfully inherited.
8. Cases where the
receipt of LURs by conveyance or donation is not allowed:
a) Business
organizations are not permitted to receive LURs of protective forest land,
dedicated forest land of individuals by conveyance, except for cases where the
land repurposing is allowed according to land use planning and plans that have
been approved by competent authorities;
b) Individuals not
residing in protective forests or dedicated forests are not allowed to receive
LURs of homestead land and another land in the protective forests, strictly
protected subdivisions or ecological restoration subdivisions within the
dedicated forests by transfer or donation;
c) Organizations,
individuals, populations, religious organizations, affiliated religious
organizations, persons of Vietnamese descent residing overseas,
foreign-invested business organizations that are not allowed by the law to receive
LURs by conveyance or donation.
Article
46. Conditions for selling property affixed to land and rights to lease in land
lease contracts in relation to land which is leased out by the State with
annual land rent payments
1. A business
organization, individual, person of Vietnamese descent residing overseas or
foreign-invested business organization may sell property affixed to land leased
out by the State with annual land rent payments if all of the following
conditions are met:
a) The property
affixed to the leased land is created lawfully and registered according to the
law;
b) The lessee has
completely constructed the property on the leased land according to the
detailed construction planning and investment project that have been approved
(if any), except for the case where the lessee must abide by an effective court
judgement or decision, an enforcement decision of a civil judgement enforcement
agency or a conclusion of a competent regulatory agency in relation to
inspection and examination.
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a) The conditions
specified in clause 1 of this Article;
b) The lessee has
advanced an amount of compensation, support or resettlement which has not yet
been fully deducted from the land rent payable.
3. A purchaser of
the property affixed to the leased land or the property affixed to the leased
land and the right to lease in the land lease contract may continue using the
land for the intended purpose within the remaining use term, continue deducting
the amount advanced but not yet deducted according to point b clause 2 of this
Article, and shall follow the land registration procedures in accordance with
this Law.
4. In case of
selling property affixed to land which is a construction work, if conditions
for land subdivision are met, the land subdivision may be undertaken for grant
of a certificate of title.
5. In case where a
person/organization is leased out land by the State with annual land rent
payments for carrying out an infrastructure construction project for commercial
purposes, the lessee may sell the property affixed to the leased land if all of
the conditions prescribed in clause 1 Article 45 of this Law and other
conditions under the Law on real estate business are met.
Article
47. Requirements for transfer of LURs of agricultural land
An individual
using agricultural land which is allocated by the State, received by exchange,
conveyance, inheritance or donation of lawful LURs from another person is only
permitted to exchange LURs of agricultural land within the same first-level
administrative division to another individual and not required to pay tax on
income gained from the LUR exchange and registration tax.
Article
48. Cases of exercising conditional LURs
1. An individual
who is an ethnic minority and is allocated land or leased out land by the State
according to clause 3 Article 16 of this Law may bequeath, donate or convey
LURs to a statutory heir who falls into the entities prescribed in clause 2
Article 16 of this Law.
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2. An individual
who is an ethnic minority and is allocated land or leased out land by the State
according to clause 3 Article 16 of this Law may mortgage LURs at a policy
bank.
3. An individual
who is an ethnic minority and is allocated land or leased out land by the State
according to clause 3 Article 16 of this Law is not permitted to convey, make
capital contribution, donate, inherit or mortgage LURs, except for the cases
prescribed in clause 1 and clause 2 of this Article.
4. The People’s
Committee of the third-level administrative division shall be responsible for
management of repossessed land according to clause 1 of this Article.
Chapter
IV
ADMINISTRATIVE
BOUNDARIES AND BASIC LAND SURVEYS
Section
1. ADMINISTRATIVE BOUNDARIES, Cadastral
maps
Article
49. Administrative boundaries
1. An
administrative boundary shall be set by each third-level administrative
division, second-level administrative division or first-level administrative
division. An administrative boundary record shows information on the
establishment, merger, division of an administrative division, and adjustment
of administrative boundary and boundary markers and boundary lines of such
administrative division.
2. The Ministry of
Home Affairs shall instruct the relevant People’s Committee of a first-level
administrative division to form an administrative boundary of the first-level
administrative division; the immediate superior People’s Committee shall
instruct the related inferior People’s Committee to form an administrative
boundary in the field and compile an administrative boundary record within its
division.
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4. In case the
scope of land management of a province has not been determined due to failure
to define administrative boundaries of the province, the Ministry of Home
Affairs shall take charge and cooperate with the Ministry of Natural Resources
and Environment and relevant authorities in compiling a record to be submitted
to the Government.
5. In case the
scope of land management of a second-level administrative division or a
third-level administrative division has not been determined due to failure to
define administrative boundary of the second-level administrative division or
third-level administrative division, the immediate superior People’s Committee
shall direct the related inferior People’s Committee to cooperate in solving;
pending a decision on forming administrative boundary of the second-level
administrative division or third-level administrative division, the superior
People’s Committee shall directly be responsible for state management of land
within undefined areas. In case no agreement is made on the formation of
boundary, the People’s Committee of the first-level administrative division
shall compile a record to be submitted to the Government.
6. The Government
shall provide guidance and organize the establishment of administrative
boundaries for undefined areas as prescribed in clause 4 and clause 5 of this
Article.
7. The Ministry of
Home Affairs shall compile and manage administrative boundary records.
Article
50. Measurement and making of cadastral maps
1. Cadastral maps
form the basis for state management of land and development of national land
databases. Land parcels on each cadastral map shall be delineated by each
third-level administrative division or second-level administrative division if
third-level administrative divisions are not established.
2. Each cadastral
map must be corrected if there is a change in shape, size, area of land parcels
and other factors relating to the cadastral map and the corrected contents must
be updated on the national land databases.
3. The People’s
Committees of first-level administrative divisions shall measure, correct and
manage cadastral maps of their provinces and update on the national land
databases.
4. The Government
of Vietnam shall elaborate this Article.
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Article
51. Principles of land surveying, assessment and land conservation and
restoration
1. Ensure
promptness, objectivity, and give true reflection of land resources.
2. Be performed on
the national scale, in socio-economic regions, or in first-level administrative
subdivisions and ensure the continuity and succession.
3. The State shall
guarantee budgets for land surveying and assessment; encourage organizations
and individuals to cooperate with the State in land conservation and
restoration
4. Provide
promptly information and data on land for the state management of land and
socio-economic activities, defense, security, scientific research, education
and training and other needs of the State and society.
Article
52. Land surveys and assessments
1. The land
surveys and assessments include:
a) Survey and
assessment of land quality and land capability;
b) Survey and
assessment of land degradation;
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d) Monitoring of
land quality, land degradation, land pollution;
dd) Topical land
survey and assessment.
2. The topical
land surveying and assessment shall be carried out to investigate and assess
land quality, land capability, land degradation and land pollution for a
specific land type according to requirements for state management of land at a
specified time.
3. The land
surveys and assessments prescribed in points a, b and c clause 1 of this
Article shall be carried out periodically every 05 years. The topical land
survey and assessment prescribed in point dd clause 1 of this Article shall be
carried out according to requirements for state management of land.
Article
53. Contents of land surveying and assessment
1. Contents of the
survey and assessment of land quality and land capability include:
a) Establish
zones, determine locations, area and classify quality of types of agricultural
land and unused land according to soil characteristics, topography, physical
properties, chemical properties, biological properties and other conditions;
b) Establish
zones, determine locations, area and classify capability of types of
agricultural land, non-agricultural land and unused land on the basis of
classifying land quality and land use efficiency according to economic, social
and environmental goals;
c) Establish zones
of land that need protection, treatment and restoration;
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2. Contents of the
survey and assessment of land degradation include:
a) Establish zones,
determine locations and area of degraded agricultural land and degraded unused
land according to each type of degradation including fertility loss; erosion;
drought, desertification; conglomerate, laterization; salinization;
alumization;
b) Identify trends,
causes and forecast risks of land degradation;
c) Establish zones
of degraded land that need protection, treatment and restoration;
d) Make maps of
land degradation; develop and update land degradation data on the national land
databases.
3. Contents of the
survey and assessment of land pollution include:
a) Establish
zones, determine locations, area of polluted agricultural land, polluted unused
land or polluted land planned for construction of urban and rural residential
areas according to types of contamination including heavy metal contamination,
plant protection chemical pollution, and other toxic contamination;
b) Identify
trends, sources of contamination, forecast and warn risks of land pollution;
c) Establish zones
of polluted land that need protection, treatment and restoration;
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4. Contents of the
monitoring of land quality, land degradation and land pollution include:
a) Build up a network
of fixed-site monitoring stations nationwide;
b) Determine
monitoring indicators and frequency;
c) Monitor
developments in land quality, land degradation, land pollution and forecast and
early warn unusual changes;
d) Update data on
monitoring of land quality, land degradation and land pollution on the
environmental resources monitoring database and the national land database.
Article
54. Land conservation and restoration
1. Contents of
land conservation and restoration include:
a) Classify land
zoned according to point c clause 1, point c clause 2 and point c clause 3
Article 53 of this Law;
b) Summarize and
determine the scope and necessary levels of land conservation and restoration
according to each land zone classified in point a of this clause;
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d) Determine
technical measures, socio-economic solutions with analysis to select the
optimal solution and decide on the implementation arrangement;
dd) Prepare
reports on implementation results of land conservation and restoration;
e) Supervise and
control the treatment, conservation and restoration of land.
2. Make maps of
land zones that have been conserved and restored; develop and update data on
land conservation and restoration on the national land database.
3. Control
degraded and polluted land zones that have not been conserved or restored
according to clause 1 of this Article, including zoning, warning, prohibition
or restriction on land-based activities in order to limit adverse effects on
land.
Article
55. Responsibilities for organizing and carrying out land surveying,
assessment, conservation and restoration
1. The Government
shall elaborate the land surveying, assessment, conservation and restoration
and provide for capacity requirements of a land surveying and assessment
service provider.
2. The Ministry of
Natural Resources and Environment shall take charge and cooperate with relevant
ministries in:
a) Providing for
land surveying and assessment techniques; land conservation and restoration
techniques;
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c) Organizing
implementation, approving and disclosing topical land survey and assessment
results nationwide, in socio-economic regions;
d) Promulgating
and organizing implementation of plans aimed at conserving and restoring
inter-regional and inter-provincial heavily degraded land areas; plans aimed at
conserving and restoring particularly seriously polluted land areas.
3. The People’s
Committees of first-level administrative divisions shall:
a) Organize
implementation, approve and disclose land survey and assessment results of
their provinces; develop and implement plans aimed at conserving and restoring
degraded or polluted land areas in their provinces; update them on the national
land database;
b) Prepare
statistics and disclose polluted land areas; organize procurement of contractor
selection for land treatment and restoration of polluted land areas in their
provinces.
4. Land surveys
and assessments; land conservation and restoration shall be carried out by
using non-business capital for environmental protection and other capital
sources as prescribed by law.
5. Land survey and
assessment results must be approved in the year of conducting land inspection
to serve as a basis for land use planning at all levels. The Ministry of
Natural Resources and Environment and province-level land authorities shall
disclose the land survey and assessment results within 30 days from the day on
which the results are approved by competent authorities.
Section
3. LAND STATISTICS AND LAND INSPECTION
Article
56. Principles of land statistics and land inspections
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2. Be open,
transparent and independent in expertise and operations.
3. Be of uniform
operations and methods of land inspection and statistics and be of uniform
reporting regime.
4. Ensure uniform
and synchronous indicators for land statistics and inspection from central to
local authorities; The system of land statistics and land inspection data shall
be developed from inferior authorities to the immediate superior authorities.
5. Provide
promptly data for the state management of land and socio-economic activities,
defense, security, scientific research, education and training and other needs
of the State and society.
Article
57. Scope and subjects for land inspection and production of land statistics
1. Land inspection
or production of land statistics shall be carried out within each third-level
administrative division, second-level administrative division, first-level
administrative division or nationwide.
2. Time for land
inspection or production of land statistics:
a) The production
of land statistics shall be carried out every year, up to the end of December
31 of the year when the statistics are produced, except for the year when the
land inspection is carried out;
b) The land
inspection shall be carried out every 5 years, up to the end of December 31 of
the year ending in 4 or 9.
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Article
58. Indicators, contents and activities of land inspection and production of
land statistics
1. Indicators for
land inspection or production of land statistics for the land types prescribed
in Article 9 of this Law include:
a) Area;
b) Land user;
c) Entity assigned
to manage land.
2. Grounds for
determining indicators for land inspection or production of land statistics:
a) Indicators for
production of land statistics are determined according to the cadastral record
compiled at the time of producing statistics;
b) Indicators for
land inspection are determined according to the cadastral record and on the
basis of the current use of land at the time of conducting inspection.
3. Contents of the
production of land statistics or land inspection carried out by each
third-level administrative division, second-level administrative division, first-level
administrative division or nationwide include determination of total land area
by types, structure of area by each type of land, land user, entity assigned to
manage land; and area of land allocated, leased, or repurposed.
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a) Collect
records, documents, maps and data concerning land-related changes during the
period of producing statistics; land inspection data of the previous period or
land statistics conducted in the previous year;
b) Review, update
and adjust land-related changes in the year of producing land statistics;
c) Process and
gather data and prepare statistical tables of land by administrative divisions
at all levels;
d) Analyze and
assess the current use of land and land-related changes during the period of
producing land statistics, propose solutions to strengthen management and
improve land use efficiency;
dd) Prepare land
statistics reports.
5. Activities of
land inspection:
a) Collect
records, documents, maps and data related to land-related changes during the
period of land inspection; records of results of land inspection of the
previous period and results of annual production of land statistics in the
period of land inspection;
b) Survey, review,
update and adjust land-related changes in the period of land inspection;
c) Process and
gather data and prepare land inspection stables by administrative divisions at
all levels; prepare reports illustrating the current use of land;
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dd) Prepare
reports on results of the land inspection.
Article
59. Responsibilities for organizing production of land statistics and land
inspection
1. The People’s
Committees at all levels shall organize and approve the production of land
statistics and land inspection of their areas.
2. The People’s
Committees of second-level/third-level administrative divisions shall submit
reports on results of production of land statistics and land inspection to the
immediate superior People’s Committees.
3. The People’s
Committees of first-level administrative divisions shall disclose results of
production of land statistics and report them to the Ministry of Natural
Resources and Environment before March 31 of the following year, except for the
year of land inspection.
4. The People’s
Committees of first-level administrative divisions shall submit reports on
results of land inspection before June 30 of the following year of the year of
land inspection.
5. The Ministry of
National Defense and the Ministry of Public Security shall take charge and
cooperate with the People’s Committees of first-level administrative divisions
in statistical production and inspection of national defense and security land.
6. The Ministry of
Natural Resources and Environment shall synthesize results of annual production
of land statistics of the whole country and disclose them before June 30 every
year; synthesize and report results of 5-year land inspection of the whole
country to the Prime Minister and disclose them before September 30 of the
following year of the year of land inspection.
7. The Minister of
Natural Resources and Environment, Presidents of the People’s Committees of
first-level administrative divisions shall decide contents and activities of
topical land inspection.
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9. Budgets for
production of land statistics and land inspection shall be guaranteed by the
state budget and allocated according to regulations of law.
Chapter V
LAND USE PLANS AND PLANNING
Article 60.
Rules for formulating land use planning and land use plans
1. Land use planning at all levels
must be formulated under rules and relationships between types of planning
according to the Planning Law.
The land use planning at all levels
requires synthesizing and balancing land use needs of land-based industries.
2. National land use planning
requires ensuring the specific characteristics and connectedness of regions;
ensuring the balance between land use needs of industries and areas and
compatibility with the country's land capability of the country to use land in
an economical and effective manner.
3.
National/provincial/district-level land use plans and planning must meet
requirements of implementing strategies for rapid and sustainable
socio-economic development; ensure national defense and security.
4. The uniformity must be ensured;
higher-level land use planning must make sure the land use needs of the
lower-level land use planning; the lower-level land use planning must be
consistent with the higher-level land use planning ; district-level land use
planning must cover the land use by third-level administrative divisions; each
land use plan must be consistent with land use planning at the same level that
has been decided and approved by competent authorities.
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6. Using land in an economical and
effective manner; exploiting natural resources rationally in a manner that
protects the environment; adapting to climate change; ensuring national food
security and forest coverage; preserving, embellishing and promoting the value
of historical-cultural monuments and famous landscape, sights.
7. Ensuring continuity,
inheritance, stability, specific characteristics and connectedness of
socio-economic regions; Harmonious balance between industries, fields, areas,
and generations; compatibility with for land conditions and capability.
8. Land use planning and plans must
be made in such a manner that ensures the participation of socio-political
organizations, communities and individuals; and ensures the openness and
transparency.
9. Land use planning at all levels
must be prepared simultaneously; higher-level land use planning must be decided
and approved before lower-level land use planning. At the end of a land use
planning period, if the land use planning for the next period has not been
decided or approved by a competent authority, the land use quotas that have not
been fully developed will continue to be developed until the land use planning
for the next period is decided or approved by a competent regulatory agency.
10. The time for preparing a land
use plan shall be same as the time for preparing or adjusting the land use
planning at the same level. The land use plan for the first year of
district-level land use planning shall be prepared at the same time with the
district-level land use planning.
Article 61.
Land use planning and plan system
1. A land use planning and plan
system includes:
a) National land use planning and
plans;
b) Provincial land use planning and
plans;
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d) Planning for use of national
defense land;
dd) Planning for use of security
land.
2. National land use planning,
planning for use of national defense land and planning for use of land for
security purpose belonging to the national planning system shall be developed
according to this Law and planning laws.
3. Provincial land use planning and
district-level land use planning are detailed planning that concretizes
national planning, regional planning, and provincial planning.
Article 62.
Land use planning and plan periods
1. Periods and vision of national
land use planning, planning for use of national defense land and planning for
use of land for security purpose shall comply with the Planning Law.
2. Periods and vision of provincial
land use planning must be consistent with those of provincial planning.
3. District-level land use planning
covers a period of 10 years. District-level land use planning covers a vision
of 20 years
4. A national land use plan or a
provincial land use plan covers a 5-year period; District-level land use plans
shall be prepared annually.
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Budgets for development, revision,
appraisal, decision, approval, announcement of land use plans and planning
shall be provided by state budget.
Article
64. National land use planning and plans
1. Grounds for development of the
national land use planning:
a) Socio-economic
development, national defense and security strategies; national master plans;
industry and field development strategies;
b) Natural conditions and socio -
economic conditions;
c) Current use of land,
land-related changes, land quality, land capability and result of the national
land use planning of the previous period;
d) Land use demands and land use
capabilities of industries, fields and areas;
dd) Science and technology
developments relating to the land use.
2. Contents of the national land
use planning shall comply with planning laws.
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a) National land use planning;
b) Socio-economic development plan,
medium-term public investment plan of the whole country;
c) Land use demands and
capabilities of industries, fields and areas;
d) Results of the 5-year land
use plan of the previous period;
dd) Investment and resource
mobilization capacity.
4. Concerning contents of the
national land use plan, the land area by types is determined by the land use
quotas in the national land use planning for each 5-year period of land use
plan.
5. Develop and update data on the
national land use planning and plans to the national land database.
Article 65.
Provincial land use planning
1. Grounds for development of the
provincial land use planning:
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b) National planning and regional
planning; national and inter-provincial land-based detailed planning;
c) Provincial planning;
d) Natural conditions and socio -
economic conditions of first-level administrative divisions;
dd) Current use of land,
land-related changes, land quality, land capability and result of the provincial
land use planning of the previous period;
e) Land use demands and
capabilities of industries, fields and areas; public investment resources and
other resources;
g) Science and technology
developments relating to the land use.
2. Contents of the provincial land
use planning:
a) The land use orientation
determined in the provincial planning with a vision meeting the requirements
for socio-economic development; ensuring national defense, security; protecting
environment and adapting climate change;
b) Determining land use quotas
which have been allocated in the national land use planning and land use quotas
meeting provincial land use demands;
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d) Defining boundaries, location
and area of reclaimed land area to be used for agricultural and
non-agricultural purposes;
dd) Zoning areas where the land use
needs to be strictly managed, including: rice cultivation land, dedicated
forest land, protective forest land, and natural production forest land;
e) Dividing the land use planning
into 5-year periods according to the contents specified in points b, c, d and
dd of this clause;
g) Solutions and resources for
development of the land use planning.
3. Making maps of provincial land
use planning; developing and updating data on provincial land use planning to
the national land database.
4. Provinces which are not
central-affiliated cities are not required to develop provincial land use plans
but divide land use planning into 5-year periods according to point e clause 2
of this Article.
5. Central-affiliated cities which
have general planning approved according to urban planning laws are not
required to develop provincial land use planning but, based on the general
planning, prepare provincial land use plans.
In case the general planning is
approved after the provincial land use planning, thereby changing the land use
quotas in the provincial land use planning, adjustments to the provincial land
use planning are not required but, based on the general planning, prepare
provincial land use plans.
6. The Government of Vietnam shall
elaborate this Article.
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1. Grounds for development of the
district-level land use planning:
a) Provincial planning, provincial
land use planning; urban planning of central-affiliated cities in case of no
provincial land use planning;
b) Detailed planning;
c) District-level socio-economic
development plans;
d) Natural conditions and socio -
economic conditions of second-level administrative divisions;
dd) Current use of land,
land-related changes, land capability and results of the district-level land
use planning of the previous period;
e) Land use demands and
capabilities of industries, fields, the People’s Committees of third-level
administrative divisions; demands for using homestead land, urban area land,
and rural residential area land shall be determined on the basis of population
forecasts, infrastructure conditions, landscape, and environment according to
construction laws;
g) Land use norms, science and
technology developments relating to the land use.
2. Contents of the district-level
land use planning:
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b) Determining land use quotas
which have been allocated in the provincial land use planning and informed to
third-level administrative divisions;
c) Determining land use quotas
meeting land use demands of second-level administrative divisions and third-level
administrative divisions;
d) Determining area and zoning
areas in which land use quotas have been allocated in the provincial land use
planning according to regulations in point b and point dd clause 2 Article 65
of this Law. The determination of land area by types is to ensure the provision
of land support policies to ethnic minorities;
dd) Defining boundaries, location
and land area of reclaimed land area to be used for agricultural and
non-agricultural purposes;
e) Dividing the district-level land
use planning into 5-year periods according to points b, c, d and dd of this
clause;
g) Solutions and resources for
development of the land use planning.
3. Making maps of district-level
land use planning; developing and updating data on annual district-level land
use planning and plans to the national land database.
4. Urban districts, cities and
district-level towns affiliated to central-affiliated cities, cities and
district-level towns affiliated to provinces which have general planning or
zoning planning approved according to urban planning laws are not required to
develop district-level land use planning but, according to the general planning
or zoning planning and the land use quotas that have been allocated from the
provincial land use planning and their land use quotas, have to prepare annual
land use plans.
5. Areas not stated in clause 4 of
this Article that already have construction planning, urban planning and rural
planning approved are required to update spatial orientation of land use and
technical and social infrastructure systems according to land use planning
periods when developing the district-level land use planning.
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1. Grounds for development of a
district-level annual land use plan:
a) Provincial land use plan;
district-level land use planning; construction planning; urban planning in case
where the development of district-level land use planning is not required;
b) Current use of land;
results of the land use plan of the previous period;
c) Land use demands and
capabilities of industries and fields of authorities and organizations;
construction works and projects whose investment guidelines have been
developed;
d) Investment and resource
mobilization capacity for developing the land use plan.
2. Criteria for prioritizing
construction works and projects in the district-level annual land use plan:
a) National defense and security
assurance;
b) Environmental, social and
economic performance;
c) The feasibility of the construction
works or projects.
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a) Land area by types allocated in
the district-level land use planning and land area by types meeting land use
demands of the second-level administrative division and its third-level
administrative divisions within the year in which the plan is developed and
being determined for each third-level administrative division;
b) List of construction works and
projects intended to be carried out within the year in which the plan is
developed; projects aimed to allocate homestead land and production land to
ethnic minorities (if any); land area for auction of LURs, projects using land
subject to repossession within the year, projects using land subject to
resettlement, production land intended to be provided as a recompense for the
person whose land is repossessed;
c) Land area by types, list of
construction works and projects that have been determined in the previous year
and are continuously carried out according to clause 7 Article 76 of this Law;
d) Determination of area of land by
types subject to repurposing which is only done if a permission is given,
except for the cases prescribed in clause 5 Article 116 of this Law;
dd) Solutions and resources for
development of the land use plan.
4. A project not included in the
district-level annual land use plan falling into one of the following cases can
be carried out without application for being added to the district-level annual
land use plan:
a) The decision to invest in the
project according to public investment laws subject to investment guideline
decision by the National Assembly, Prime Minister, the Head of the Ministry, a
central authority or the People's Council of the first-level administrative
division has been issued;
b) The decision to approve the
investment project according to public-private partnership investment laws
subject to investment guideline decision by the National Assembly, Prime
Minister, the Head of the Ministry, a central authority or the People's Council
of the first-level administrative division has been issued;
c) The decision to approve the
investment guidelines, decision to approve both the investment guidelines and
the investor or decision to approve the investor according to investment laws
subject to investment guideline decision by the National Assembly or Prime
Minister has been issued.
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5. Developing and updating data on
the district-level annual land use plan to the national land database.
Article 68.
Planning for use of national defense land and planning for use of security land
1. Planning for use of national
defense land or planning for use of security land is national sector planning.
2. Grounds for developing the
planning for use of national defense land or planning for use of security land
include grounds as prescribed by planning laws and the following grounds:
a) National master plan, national
marine spatial planning, national land use planning;
b) Natural conditions and socio -
economic conditions of the nation;
c) Current use of land and results
of the planning for use of national defense land or the planning for use of
security land of the previous period;
d) Demands and capabilities for use
of national defense land or security land.
3. Contents of the planning for use
of national defense land or the planning for use of security land shall comply
with planning laws.
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Article 69.
Responsibilities for organization of development of land use planning and plans
1. The Government shall organize
development of national land use planning and plans.
The Ministry of Natural Resources
and Environment shall take their responsibilities for assisting the Government
in developing national land use planning and plans.
2. The People’s Committees of
first-level administrative divisions shall organize development of provincial
land use planning and plans.
Land authorities of first-level
administrative divisions shall take their responsibilities for assisting the
People’s Committees of first-level administrative divisions in developing
provincial land use planning and plans.
3. The People’s Committees of
second-level administrative divisions shall organize development of
district-level land use planning, district-level annual land use plans.
Land authorities of second-level
administrative divisions shall take their responsibilities for assisting the
People’s Committees of second-level administrative divisions in developing
district-level land use planning and district-level annual land use plans.
4. The land use planning shall be
approved in the first year of the planning period.
5. Land use planning and plans of
coastal areas shall be developed in a manner that including reclaimed land areas.
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1. Surveys of national land use
planning, planning for use of national defense land and planning for use of
security land shall comply with planning laws.
2. Surveys of provincial land use
planning shall be carried out as follows:
a) Provincial land use planning
authorities shall conduct surveys on feedbacks about land use planning of
relevant provincial departments and authorities, Vietnam Fatherland Front
Central Committees of first-level administrative divisions, the People’s
Committees of second-level administrative divisions, relevant agencies,
organizations, populations and individuals. Feedbacks shall be obtained by
publishing information about contents of land use planning on websites of provincial
land use planning authorities. The surveyed information includes
descriptive reports and land use planning map systems;
b) The synthesis, reception of,
comments on feedbacks and completion of land use planning arrangements shall be
carried out before submitting them to Land use planning appraisal councils.
Feedbacks, reception thereof and comments thereon shall be published on
websites of provincial land use planning authorities;
c) Period of conducting a survey of
provincial land use planning shall be 45 days from the date on which the
surveyed information is published.
3. Surveys of district-level land
use planning or district-level annual land use plans shall be conducted as
follows:
a) Land use planning authorities of
second-level administrative divisions shall conduct surveys on feedbacks about
land use planning and plans of relevant departments and authorities of
second-level administrative divisions, Vietnam Fatherland Front Central
Committees of second-level administrative divisions, the People’s Committees of
third-level administrative divisions, relevant agencies, organizations,
populations and individuals. Feedbacks shall be obtained by publishing
information about contents of land use planning and plans on websites of land
use planning authorities of second-level administrative divisions, the People’s
Committees of third-level administrative divisions and by publicly posting the
information at offices of the People’s Committees of third-level administrative
divisions, residential areas, by public displaying the information at cultural
houses of villages or neighbours, residential areas, by organizing conferences,
conventions and by handing out questionnaires to households and individuals
that present communes, wards and commune-level towns. The surveyed information
includes descriptive reports and land use planning map systems;
b) The synthesis, reception of,
comments on feedbacks and completion of arrangements for land use planning or
plans shall be carried out before proposal to appraise or approve the land use
planning or plans. Feedbacks, reception thereof and comments thereon shall be
published on websites of district-level land use planning authorities or
authorities preparing district-level annual land use plans;
c) A survey of district-level land
use planning shall cover a period of 30 days and a survey of a district-level
annual land use plan shall cover a period of 20 days from the date on which the
surveyed information is published.
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Article 71.
Appraisals of land use planning and plans
1. Authority to establish Councils
for appraisal of land use planning or plans shall be as follows:
a) Authority to establish Councils
for appraisal of national land use planning, planning for use of national
defense land and planning for use of security land shall comply with planning
laws;
b) The Prime Minister shall decide
to establish Councils for appraisal of national land use plans.
The Ministry of Natural Resources
and Environment shall assist the Councils for appraisal during the appraisals
of national land use plans;
c) The Minister of Natural
Resources and Environment shall establish the Councils for appraisal of
provincial land use planning and assign units affiliated to the Ministry of
Natural Resource and Environment to assist the Councils for appraisal during
the appraisals of provincial land use planning;
d) Presidents of the People’s
Committees of first-level administrative divisions shall establish Councils for
appraisal of provincial land use plans for municipalities in which the
development of provincial land use planning is not required; establish Councils
for appraisal of district-level land use planning; assign units affiliated to
the People’s Committees of first-level administrative divisions to assist
Councils for appraisal during the appraisals of provincial land use plans and district-level
land use planning.
2. Contents of an appraisal of
provincial or district-level land use planning include:
a) Legal and scientific basis for
development of land use planning;
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c) Environmental, socio-economic
performance;
d) The feasibility of the land use
planning.
3. Contents of an appraisal of a
land use plan include:
a) Grounds for developing the land
use plan and contents of the land use plan;
b) The degree of compatibility of
the land use plan with the land use planning and urban planning;
c) The feasibility of the land use
plan.
4. Councils for appraisal of
provincial/district-level land use planning, national/provincial land use plans
shall appraise and send notifications of land use planning or plan appraisal
results to authorities organizing development of land use planning or plans
prescribed in Article 69 of this Law; these authorities shall request land use
planning authorities or authorities developing land use plans to receive and
give comments/explanations according to contents of notifications of land use
planning or plan appraisal results.
When necessary, these Councils
shall organize site surveys and inspections of areas of land intended to be
repurposed, especially areas of rice cultivation land, protective forest land
and dedicated forest land.
5. Appraisals of national land use
planning, planning for use of national defense land and planning for use of
security land shall comply with planning laws.
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1. Authority to decide and approve
national land use planning, planning for use of national defense land and
planning for use of security land shall comply with the Planning Law.
2. The Government shall approve
national land use plans.
3. The Prime Minister shall approve
provincial land use planning and provincial land use plans for
central-affiliated cities in which the development of provincial land use
planning is not required.
4. The People’s Committees of
first-level administrative divisions shall approve district-level land use
planning, district-level annual land use plans.
5. Before approving district-level
annual land use plans, the People’s Committees of first-level administrative
divisions shall submit lists of construction works and projects using land
subject to repossession, including projects using land subject to repossession
for LUR auctions or bidding for investor selection; projects using rice
cultivation land, dedicated forest land, protective forest land or production
forest land subject to repurposing according to planning for approval by the
People's Councils at the same level, except for the cases prescribed in clause
4 Article 67 of this Law.
Article
73. Reviews of and adjustments to land use planning and plans
1. Adjustments to land use planning
or plans shall comply with the following principles:
a) Adjustments to land use planning
or plans must be decided or approved by authorities competent to decide or
approve land use planning or plans;
b) Authorities competent to
organize development of land use planning or plans shall organize development
and adjustment to land use planning or plans;
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d) Adjustments to land use planning
or plans must not change land use quotas which have been determined or
allocated in superior land use planning;
dd) Compliance with procedures as
prescribed by this Law.
2. Authorities competent to
organize development of land use planning shall organize reviews of land use
planning periodically every 5 years to be adjusted in a manner that is suitable
for the socio-economic development in each period.
3. Reviews of and adjustments to
national land use planning, planning for use of national defense land and
planning for use of security land shall comply with planning laws.
4. Grounds for adjusting provincial
land use planning include:
a) Adjustments to national planning
and regional planning, provincial planning, inter-provincial or national
land-based detailed planning which have changed provincial land use structures;
b) The establishment, merger,
division or adjustment of administrative boundaries of first-level
administrative divisions and their affiliated administrative divisions;
c) The impact of natural disasters,
war, and requirements for national defense and security assurance that have
changed land use purposes, structures, locations and/or area.
5. Grounds for adjusting
district-level land use planning include:
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b) The establishment, merger,
division or adjustment of administrative boundaries of second-level
administrative divisions;
c) War and/or requirements for
national defense and security assurance that have changed land use purposes,
structures, locations and/or area.
d) The impact of natural disasters
and/or response to environmental incidents that have changed land use purposes;
the development of planning that has the negative impact on social security,
ecological environment and the community;
dd) Fluctuations in resources for
developing planning and forming key projects to serve national and public
interests that change the land use orientation.
6. Planning adjustments are made if
there is one of the grounds specified in Clauses 4 and 5 of this Article and
these adjustments are decided or approved by competent authorities.
7. Adjustments to a land use plan
are made if there is an adjustment to land use planning, urban planning or
there is a change in the ability to implement the land use plan.
8. Adjustments to land use planning
or plans shall comply with the regulations in Articles 64, 65, 66, 67, 68, 69,
70, 71, 72 and 75 of this Law.
9. Regulatory agencies and persons
with authority to decide or approve land use planning or plans at a level shall
have the authority to decide or approve adjustments to the land use planning or
plans at that level.
Article 74.
Selection of consultants in development of land use planning or plans
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2. The selection of consultants in
development of national land use plans, provincial land use planning or plans,
district-level land use planning, district-level annual land use plans shall
comply with regulations of the Government.
Article 75.
Disclosure of land use planning and plans
1. The disclosure of national land
use planning shall comply with planning laws.
2. National land use plans;
provincial land use planning or plans; district-level land use planning,
district-level annual land use plans, after being decided or approved by
competent regulatory agencies, shall be disclosed.
3. Responsibilities for disclosure
of land use planning and plans:
a) The Ministry of Natural Resources
and Environment shall disclose national land use planning and plans at the
office and on the web portal of the Ministry of Natural Resources and
Environment;
b) The People’s Committees of
first-level administrative divisions shall disclose provincial land use
planning and plans at their offices and on their web portals;
c) The People’s Committees of
second-level administrative divisions shall disclose district-level land use
planning and district-level annual land use plans at their offices and on their
web portals, and disclose contents of district-level land use planning and
district-level annual land use plans relating to communes, wards or
commune-level towns at the offices of the level People’s Committees of
third-level administrative divisions; the People’s Committees of third-level
administrative divisions shall disclose the contents to the people and land
users in the.
4. Dates of disclosure and time
limits for disclosure of land use planning or plans shall comply with the
following regulations:
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b) Land use planning and plans must
be public throughout the planning and plan periods.
5. Documents on public disclosure
of land use planning and plans include:
a) Written approvals for land use
planning and plans;
b) Explanatory statements on the
approved land use planning and plans;
c) Maps showing the approved land
use planning;
Article 76.
Organizing development of land use planning and plans
1. The Government shall organize
development of national land use planning and plans.
The Prime Minister shall allocate
land use quotas to first-level administrative divisions, the Ministry of
National Defense and the Ministry of Public Security on the basis of the
national land use quotas decided by the National Assembly.
2. The Ministry of National Defense
shall organize development of planning for use of national defense land; the
Ministry of Public Security shall do planning for use of security land.
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4. In case the land use planning
has been publicly disclosed but district-level annual land use plans have not
yet been prepared, land user can continue using and exercising their rights
according to regulations of this Law.
5. Regarding a project which falls
under the cases prescribed in clause 4 Article 67 of this Law and uses land
subject to repossession, the People’s Committee of the second-level
administrative division where the project is located shall publicly disclose
the scope of land repossession according to the project progress to land users.
6. Regarding area of land subject
to repossession or repurposing in a district-level annual land use plan or area
of land subject to repossession or repurposing prescribed in clause 4 Article
67 of this Law, land users can continue exercising their rights but are not
permitted to construct new houses, works or plant new perennial trees; land
users are permitted to construct under a fixed-term construction permit, renovate
and repair existing houses and works according to construction laws and
relevant laws.
7. If the area of land determined
in a district-level annual land use plan which have been approved by a
competent authority is eligible for repossession or repurposing, but no
decision on land repossession or permission for land repurposing is issued
within 02 consecutive years prescribed in the district-level annual land use
plan, the approving authority must consider adjustments to or cancellation and
publicly disclose the adjustments to or cancellation of the repossession or
cancellation of the repurposing in connection with the land determined in the
district-level annual land use plan.
If the approving authority fails to
adjust or cancel, or has adjusted or cancelled the land repossession or
repurposing but fails to publicly disclose such adjustments or cancellation,
the land users shall not be limited in their LURs prescribed by law.
8. Annually, the People’s
Committees of first-level administrative divisions shall organize reviewing,
handle and publicly disclose the land repossession or repurposing, adjustments
to or cancellation of the land repossession or repurposing in connection with
the land specified in the district-level annual land use plans on the websites
of the People’s Committees of first-level administrative divisions; send
information to the Ministry of Natural Resources and Environment, the People’s
Committees of second-level/third-level administrative divisions.
9. The Government shall provide for
rules and criteria for allocation of provincial land use quotas and
district-level land use quotas.
10. The Government shall elaborate
this Article and the development, appraisal, adjustment, survey, approval and
disclosure of national land use plans, provincial land use planning,
district-level land use planning, district-level annual land use plans.
Article 77.
Responsibilities for reporting results of land use planning and plan processes
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2. The People’s Committees of
first-level administrative divisions shall submit reports on results of land
use planning and plan processes to the Ministry of Natural Resources and
Environment before October 15 of the last year of each land use planning period
or land use plan period.
3. The Ministry of National Defense
shall submit reports on results of the processes of planning for use of
national defense land, the Ministry of Public Security shall submit reports on
results of the processes of planning for use of security land to the Ministry
of Natural Resources and Environment before October 15 of the last year of each
5-year land use plan period and of the last year of each land use planning
period.
4. The Ministry of Natural
Resources and Environment shall synthesize results of land use planning
processes nationwide and submit them to the Government for informing the
National Assembly in the last year of each land use planning
period.
Chapter VI
LAND REPOSSESSION OR LAND
REQUISITION
Article 78.
Land repossession for national defense and security purposes
The State may repossess land for
national defense and security purposes in the following cases:
1. Construction of military
barracks or offices;
2. Construction of military bases;
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4. Construction of military
and security stations, ports and information works;
5. Construction of industrial,
scientific and technological, cultural or sports facilities that directly serve
national defense or security purpose;
6. Construction of warehouses for
the people’s armed forces;
7. Construction of shooting
grounds, training grounds, and weapon testing and destroying sites;
8. Construction of training
institutions and centers for professional training and development, convalescent
and rehabilitation facilities, medical examination and treatment facilities of
the people’s armed forces;
9. Construction of public-duty
houses of the people’s armed forces;
10. Construction of detention
facilities; compulsory educational institutions; juvenile detention centers;
centers for labor, rehabilitation, career guidance and vocational training for
prisoners, camp inmates and students managed by the Ministry of National
Defense and the Ministry of Public Security.
Article 79.
Land repossession for socio-economic development purpose in the national/public
interest
The State may repossess land in
cases where it is absolutely necessary to carry out socio-economic development
projects in the national/public interest in other to promote land resources,
improve land use efficiency, and develop socio-economic infrastructure towards
modernity, implement policies on social security, environmental protection and
cultural heritage preservation in the following cases:
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2. Construction of irrigation
works, including: dykes, embankments, culverts, dams, spillways, water
reservoirs, water conveyance tunnels, water supply, drainage and irrigation
systems, including protection corridors for irrigation works that require the
use of land; key irrigation works including offices, warehouses, factories,
repair and maintenance facilities within the perimeter of the irrigation works;
3. Construction of water supply and
drainage works, including: water plants; water pumping stations; water tanks
and towers; water supply and drainage pipes; balancing lakes; Water, sludge and
sewage sludge treatment works, including offices, warehouses, facilities of
production, repair and maintenance of water supply and drainage works;
4. Construction of waste treatment
works, including: transfer stations; landfills; treatment complexes, treatment
areas, waste treatment facilities, hazardous waste including workplaces,
warehouses, facilities of production, repair and maintenance of waste treatment
works;
5. Construction of energy and
public lighting projects, including: power plants and auxiliary works of power
plants; dams, embankments, reservoirs, water pipelines serving hydroelectric
plants; systems of power transmission lines and transformer stations; business
facilities providing repair and maintenance services within power plants;
public lighting systems;
6. Construction of oil and gas
projects, including: exploitation rigs, works serving oil and gas exploitation
and processing, petrochemical refineries, gas processing plants, biofuel production
plants; crude oil depots, warehouses, gasoline, oil and gas filling stations,
systems of pipelines, safety corridors for ensuring technical safety;
facilities providing repair and maintenance services within works serving the
exploitation and processing of oil and gas, petrochemical refineries, gas
processing plants, biofuel production plants;
7. Construction of postal,
telecommunications and information technology infrastructures, including:
houses, stations, antenna masts, cable masts, culverts, tanks, cable pipes,
utility trenches and tunnels and other relevant infrastructures for
installing telecommunications service equipment and equipment installed therein
to serve telecommunications; data centers; including safety corridors used only
for ensuring technical safety; systems of dealing with postal articles and
postal service points; cultural post offices of communes; facilities providing
repair and maintenance services within postal, telecommunications and
information technology works;
8. Construction of local
(third-class) markets and wholesale markets;
9. Construction of religious works,
including: communal houses, temples, hermitages, shrines and other legal
religious works;
10. Construction of religious
works, including: headquarters of religious organizations and affiliated
religious organizations; pagodas, churches, chapels, cathedrals, holy houses;
schools for training people specializing in religious activities; monuments,
steles, towers and other legal religious works;
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12. Construction of headquarters of
the Communist Party of Vietnam, regulatory agencies, Vietnamese Fatherland
Front, socio-political organizations, socio-political-professional
organizations, socio-professional organizations, social organizations and other
organizations established in accordance with laws and assigned tasks and funded
by the State for operating expenses;
13. Construction of headquarters or
representative offices of public service providers affiliated to the Communist
Party of Vietnam, regulatory agencies and socio-political organizations;
14. Construction of cultural
facilities, historical-cultural monuments, and famous landscape, sights,
including: conference centers, theaters, cultural houses, cultural centers,
cultural palaces, clubs, theaters movies, circuses; monuments; Symbolic and
artistic works, children's palaces, children's houses, children's activity
centers, museums, exhibition houses, libraries, literary creation
establishments, artistic creation establishments, art galleries, headquarters
of art troupes; Works for expanding, renovating, repairing, restoring, and
promoting the value of historical-cultural relics and scenic spots that have
been ranked or included in the inventory of relics by the People's Committees
of first-level administrative divisions according to laws on cultural heritage;
Other cultural establishments established or permitted to operate by the State;
15. Construction of medical
facilities and social service facilities established or permitted by the State
to operate, including: medical examination and treatment facilities;
rehabilitation facilities; preventive health care facilities; population health
management facilities; testing facilities; standardization and inspection
facilities; medical assessment facilities; forensic examination facilities;
drug manufacturing facilities; medical equipment manufacturing facilities;
centers providing social work services, social protection facilities;
treatment, education, and social labor centers; nursing centers for meritorious
people; children's support facilities; care consulting facilities for the
elderly, people with disabilities, children in special circumstances, people
with HIV/AIDS, and people with mental illness; drug rehabilitation facilities;
facilities for nurturing the elderly and children with special circumstances;
16. Construction of educational and
training institutions established or permitted by the State to operate,
including: kindergartens, nursery schools, preschools, general education
institutions, continuing education institutions, specialized schools, higher
education institutions and vocational education and training institutions;
17. Construction of fitness and
sports facilities established or permitted by the State to operate, including:
sports complexes, athletes’ training centers; stadiums, sport facilities for
competition and practice;
18. Construction of science and
technology facilities established or permitted by the State to operate,
including: organizations of science and technology research, development and
services; innovation and entrepreneurship support organizations; technology
incubators, science and technology business incubators; science and technology
parks; science museums; measurement standard systems;
19. Construction of diplomatic
facilities, including: headquarters of embassies, consulates, representative
offices of foreign diplomatic organizations, non-governmental organizations
with diplomatic functions; diplomatic corps managed by the State;
20. Construction of public service
works on environmental treatment, biodiversity conservation, meteorology,
hydrology, registration and quarantine of animals and plants;
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22. Carrying out industrial park
and industrial cluster projects; high-tech parks; high-tech agricultural zones;
centralized information technology parks; high-tech forestry zones; non-tariff
zones in economic zones;
23. Carrying out large scale and
concentrated projects aiming to construct agricultural, forestry, fishery and
marine product production and processing zones with an uniformity in shared
infrastructure from production to processing of agricultural, forestry, fishery
and marine products served on an inter-district, inter-provincial or
inter-regional scale; Projects aiming to plant medicinal plants and preserve
their genes to develop traditional medicinal herbs;
24. Undertaking land reclamation
activities;
25. Carrying out mineral mining
activities that have been licensed by competent regulatory agencies, including
construction of work items serving mineral exploitation and processing
associated with the mining areas and mining safety corridors on land subject to
land repossession;
26. Carrying out vicinity projects;
27. Carrying out projects aiming to
construct urban areas with mixed-use developments and the uniformity in
technical infrastructure and social infrastructure with housing according to
laws on construction synchronizing technical and social infrastructure systems
with housing in order to construct or renovate and beautify urban areas; rural
residential area projects;
28. Constructing cemeteries,
funeral service centers and cremation centers, ashes storage facilities;
29. Carrying out projects aiming to
allocate homestead land and production land to ethnic minorities to implement
land policies for ethnic minorities according to regulations of this Law;
30. Construction of above-ground
works serving the operation, exploitation and use of underground works;
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32. If cases of land repossession
for carrying out projects and works for the national or public interests are
not prescribed in clause 1 to clause 31 of this Article, the National Assembly
shall amend cases of land repossession in this Article according to simplified
procedures.
Article 80.
Grounds and conditions for land repossession for national defense or security
purpose; socio-economic development purpose in the national/public interest
1. A project aiming to repossess
land for a national defense or security purpose; or a socio-economic
development purpose in the national/public interest must comply with
regulations in Article 78 and Article 79 of this Law, as well as fall into one
of the following cases:
a) The project must be included in
a district-level annual land use plan that has been approved by a competent
authority;
b) The decision to invest in the
project according to public investment laws, or the decision to approve the
investment project according to laws on public-private partnership investment
has been issued;
c) A decision to approve investment
guidelines, a decision to approve both investment guidelines and investor or a
decision to approve the investor of the project has been issued according to
investment laws (in case the investment project is subject to investment
guideline approval by the National Assembly and the Prime Minister);
d) There is a document of a
competent regulatory agency prescribed in Article 84 of this Law in a case of
land repossession for a purpose relating to national defense or security.
2. In a case where the project
prescribed in clause 1 of this Article has a divergent land use progress, the
land will be repossessed according to the progress of the investment project as
determined in the written approval for or decision on investment policies of
the project.
3. Conditions for land repossession
for national defense or security purpose or for socio-economic development
purpose in the national/public interest include the completion of approval for
recompense, support or resettlement arrangements and the resettlement
implementation according to regulations of this Law.
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Article 81.
Cases of land repossession due to violations against land law
1. A land user uses land for a
purpose other than the intended purpose for which the State allocates, leases
out the land or recognizes LURs of the land and has been penalized for unintended
use of the land constituting an administrative violation but continues
committing such violation again.
2. A land user destroys land and
has been penalized for the land destruction constituting an administrative
violation but continues committing such violation again.
3. Land is allocated or leased out
to ineligible subjects or ultra vires.
4. Land is received by conveyance
or donation from a person who is allocated or leased out the land by the State
but the person is not permitted to convey or donate the land according to
regulations of this Law.
5. Land is allocated by the State
to manage but is trespassed or appropriated.
6. A land user fails perform
financial obligations to the State.
7. A land user has not used annual
crop land or land used for aquaculture for a period of 12 consecutive months;
perennial crop land for a period of 18 consecutive months; forestry land for a
period of 24 consecutive months and has been penalized for the disuse
constituting an administrative violation but continues failing to use the land
according to the period stated in the decision to impose penalty for the
administrative violation;
8. If the State allocates, leases
out land, permits land repurposing, recognizes LURs, receives LURs by
conveyance for execution of an investment project but the land is not used for
12 consecutive months from the date of actual land receipt (or the land use is
behind schedule by 24 months if land is not put into use or put into use behind
schedule), the investor shall be given a land use deferral of up to 24 months
and has to pay the State an amount equal to land levy and land rent accrued
over the deferral period. If the investor does not put the land into use upon
expiration of the deferral period, the State will repossess the land without
land-related recompense, property affixed to the land, and the residual land
value.
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10. The Government of Vietnam shall
elaborate this Article.
Article 82.
Land repossession due to termination of land use according to law, voluntary
return of land, risks of threatening human life, inability to continue using
land
1. Cases of land repossession due
to termination of land use in accordance with law include:
a) Organization which is allocated
land by the State without land levy payment is dissolved, goes bankrupt or has
its operation terminated as prescribed by law;
b) Individual land user dies
without any heir after he/she has fulfilled his/her property obligations in
accordance with civil laws;
c) Land is allocated or leased out
by the State for a fixed term and such period is expired with no extension
granted;
d) Land is repossessed in case of
termination of investment project in accordance with investment laws;
dd) Land is repossessed in case
where forest land has been repossessed in accordance with forestry laws.
2. The land user voluntarily
returns part or all of the land (in writing).
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a) Homestead land in an area with
environmental pollution which poses a risk to human life; Other land in an area
with environmental pollution which can no longer be used for the intended
purpose;
b) Homestead land which is at risk
of landslides, subsidence, or is affected by other natural disasters that
threaten human life; Other land which is subject to landslides, subsidence, or
is affected by other natural disasters and can no longer be used.
4. Land shall be repossessed in the
cases subject to land repossession as specified in clause 1 Article 48, point d
and point dd clause 1 Article 181 of this Law.
5. The land repossession in the
cases prescribed in clauses 1, 2 and 3 of this Article must be based on the
following grounds:
a) Legal document of a competent
authority for the case specified in point a, clause 1 of this Article;
b) A death certificate or a
decision to declare the death of a person as prescribed by law for the case
prescribed in point b clause 1 of this Article;
c) A decision to allocate land,
decision to lease out land, certificate of LURs, certificate of home ownership
and LURs of homestead land, certificate of LURs and ownership of housing and
other property affixed to land or certificate of title for the case prescribed
in point c clause 1 of this Article;
d) Document on termination of an
investment project for the case prescribed in point d clause 1 of this Article;
dd) Document on repossession of a
forest for the case prescribed in point dd clause 1 of this Article;
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g) Document of a competent
authority determining the level of environmental pollution, landslides,
subsidence or impact by other natural disasters for the case specified in
Clause 3 of this Article.
6. The Government of Vietnam shall
elaborate this Article.
Article 83.
Authority to repossess land and handle cases of repossession of land and
property thereon which are public property
1. The People’s Committees of
first-level administrative divisions shall issue decisions to repossess land of
Vietnamese organizations, religious organizations, affiliated religious organizations,
persons of Vietnamese descent residing overseas, foreign diplomatic
organizations, foreign-invested business organizations falling in the cases
prescribed in Articles 81 and 82 of this Law.
2. The People’s Committees of
second-level administrative divisions shall issue decisions to repossess land
in the following cases:
a) Land repossession falling into
the cases prescribed in Article 78 and Article 79 of this Law regardless of
land users, organizations or individuals managing or possessing the land;
b) Households’/ individuals’/
populations’ land repossession falling into the cases prescribed in Article 81
Article 82 of this Law.
3. In case land and property
thereon which are public property fall into cases of land repossession as
prescribed by this Law, it is not required to rearrange or handle public
property according to laws on management and use of public property.
Article 84.
Cases of land repossession for purposes relating to national defense or
security
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2. In case land is subject to
repossession for national defense or security purpose but it is not included in
the national defense land use planning or the security land use planning, the
Minister of National Defense or the Minister of Public Security shall consult
with the Ministry of Natural Resources and Environment, the People’s Committee
of the first-level administrative division to which the land belongs and submit
a report on it to the Prime Minister for his/her consideration and approval for
the land repossession and update the planning after reviewing or adjustment in
accordance with laws.
3. In case national defense land or
security land and/or property thereon has to be repossessed and transferred to
a local authority for carrying out a socio-economic development project for
national or public interests but the land is not reserved for transfer to the
local authority in the planning for use of national defense land or the
planning for use of security land, the following regulations shall apply:
a) If the project is subject to
investment guideline decision or approval by the National Assembly as
prescribed by public investment laws, PPP investment laws and investment laws,
after the National Assembly grants a decision on or approval for the investment
guidelines, the Prime Minister shall consider deciding or approving the
repossession of the national defense or security land and property thereon for
carrying out the project;
b) If the project is subject to
investment guideline decision or approval by the Prime Minister as prescribed
by public investment laws, PPP investment laws and investment laws, the Prime
Minister shall consider deciding or approving the repossession of the national
defense or security land and property thereon for carrying out the project as
well as consider deciding and approving the investment guidelines;
c) For a public investment project
or PPP investment project not falling into the cases prescribed in point a and
point b of this clause, the People’s Committee of the first-level
administrative division shall cooperate with the Ministry of National Defense
(in case of land for national defense purpose) or with the Ministry of Public
Security (in case of land for security purpose) in submitting a report to the
Prime Minister for his/her consideration and approval for the repossession of
the national defense or security land and property thereon for carrying out the
project before deciding to invest in the project according to public investment
laws and PPP investment laws;
d) The area of land belonging
to the projects prescribed in points a, b and c of this clause, after
repossession, must be updated upon reviewing or adjusting the planning as
prescribed by law.
4. The Government of Vietnam shall
elaborate this Article.
Article 85.
Notifying land repossession and abiding by decisions to repossess land for
national defense or security purpose; socio-economic development purpose in the
national/public interest
1. Before issuing a decision on to
repossess land, a competent regulatory agency shall send a written notification
of land repossession to the holder of the repossessed land, owner of the
property affixed to the repossessed land, relevant holder of rights and
obligations (if any) within 90 days applicable to agricultural land and 180
days applicable to non-agricultural land. Contents of the
notification of land repossession include reasons for the land repossession,
area, location of the land zone repossessed; land repossession progress;
inspection, surveying and measurement plan; plan to relocate people from the
area of land repossessed; recompense, support or resettlement plan.
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3. The holder of the repossessed
land, owner of the property affixed to the repossessed land shall cooperate
with the unit or organization in charge of recompense, support or resettlement
provision during the inspection, surveying, measurement or development of a
recompense, support or resettlement arrangement.
4. When the decision on land repossession
which becomes effective and the recompense, support or resettlement arrangement
which has been approved by a competent authority are publicly disclosed, the
holder of the repossessed land, owner of the property affixed to the
repossessed land, relevant holder of rights and obligations shall abide by the
decision on land repossession.
5. The period of validity of the
notification of land repossession is 12 months as from the day on which it is
issued.
Article 86.
Agencies, units, organizations in charge of recompense, support and
resettlement provision; management, exploitation or use of repossessed land
banks
1. The People’s Committees of
second-level administrative divisions shall direct and organize provision of
recompense, support and resettlement according to regulations of this Law.
2. Units and organizations in
charge of recompense, support and resettlement provision include one or all of
the units and organizations belows:
a) Land bank development
organizations;
b) Other units, organizations in
charge of recompense, support and resettlement provision;
c) Recompense, support and
resettlement councils.
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3. Units and organizations in
charge of recompense, support and resettlement provision shall cooperate with
the People’s Committees of second-level administrative divisions in providing
recompense, support and resettlement according to their assigned
responsibilities and tasks.
4. Presidents of the People’s
Committees of first-level administrative divisions shall direct and monitor the
organization of provision of recompense, support and resettlement of the
People’s Committees of second-level administrative divisions; promptly resolve
difficulties that do not fall under the authority of the People’s Committees of
second-level administrative divisions.
5. If the land repossessed as
prescribed in Article 78 and Article 79 of this Law is not allocated or leased
out in an urban area, it will be allocated to a land bank development
organization for management, exploitation or use; in a rural area, it will be
allocated to the People’s Committee of a third-level administrative division
for management.
Article 87.
Procedures for provision of recompense, support, resettlement or land
repossession for national defense or security purpose; socio-economic development
purpose in the national/public interest
1. Before a notification of land
repossession is issued, the People’s Committee of a third-level administrative
division to which the repossessed land belongs shall take charge and cooperate
with the Vietnam Fatherland Front Central Committee at the same level, a unit
or organization in charge of recompense, support and resettlement provision and
relevant agencies in organizing a meeting with the holder of land in the
repossession area to disseminate and receive comments on the following
contents:
a) Purposes, significances,
importance of projects and works implemented on the land intended to be
repossessed;
b) Regulations of the State on
recompense, support and resettlement policies upon land repossession;
c) Scheduled contents of
recompense, support and resettlement plan;
d) Resettlement area planned in
case the holder of the repossessed land is resettled.
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a) The People’s Committee having
authority to repossess land shall issue a notification of land repossession;
b) The People’s Committee of a
third-level administrative division to which repossessed land belongs shall
send a notification of land repossession to each holder of repossessed land,
owner of property affixed to the repossessed land, relevant holder of rights
and obligations (if any), and post the notification on land repossession and
the list of holders of repossessed land in the area managed by the People’s
Committee at the office of the People’s Committee and common living area of the
residential area to which the repossessed land belongs during the recompense,
support and resettlement process.
In case it is impossible to contact
with the holder of the repossessed land, owner of property affixed to the
repossessed land, relevant holder of rights and obligations (if any) to send
the notification of land repossession, the notification shall be posted on one
of the daily newspapers of central authorities and provincial authorities for
03 consecutive issues and broadcasted on radios or televisions of central
authorities and provincial authorities for 03 times in 03 consecutive days;
posted at the office of the People's Committee of the third-level
administrative division and common living area of the residential area to
which the repossessed land belongs, updated on the Web portal of the People’s
Committee of the second-level administrative division during the recompense,
support and resettlement process;
c) The People’s Committee of the
third-level administrative division to which the repossessed land belongs shall
cooperate with a unit or organization in charge of recompense, support and
resettlement provision in conducting the inspection, survey and recording the
current status, measuring, making statistics, and classifying area of the
repossessed land and property affixed to the repossessed land; determining
origins of the repossessed land and property affixed to the repossessed land;
d) The People’s Committee of the
third-level administrative division to which the repossessed land belongs shall
cooperate with the unit or organization in charge of recompense, support and
resettlement provision in investigating, determining and fully listing actual
damages to rights to use the repossessed land and property thereon; identifying
relevant holder of rights and obligations; incomes earned from use of the
repossessed land and property thereon, desires to resettle or change
profession;
dd) In case the holder of
repossessed land does not cooperate in inspecting, surveying, and measuring,
the People’s Committee of the third-level administrative division to which the
repossessed land belongs shall take charge and cooperate with the Vietnam
Fatherland Front Central Committee at the same level and the unit or
organization in charge of recompense, support and resettlement provision in
mobilizing and persuading to create consensus in implementation.
The mobilization and persuasion
shall be organized within 15 days and recorded in writing. After 10 days from
the end of mobilization and persuasion, if the holder of repossessed land still
does not cooperate in inspecting, surveying, and measuring, the President of
the People's Committee of the second-level administrative division shall issue
a mandatory land inspection decision. The holder of repossessed land shall
implement the mandatory land inspection decision. Otherwise, the President of
the People’s Committee of the second-level administrative division shall issue
a decision to enforce the mandatory land inspection decision and organize
enforcement as prescribed in Article 88 of this Law.
3. The development, appraisal of
and approval for a recompense, support and resettlement arrangement shall
be prescribed as follows:
a) Unit or organization in charge
of recompense, support and resettlement provision shall make a recompense,
support and resettlement arrangement and cooperate with the People’s Committee
of a third-level administrative division to which the repossessed land belongs
in publicly posting the recompense, support and resettlement arrangement at the
office of the People’s Committee of the third-level administrative division,
common living area of the residential area to which the repossessed land belongs
within 30 days. Immediately after the expiration of the publicly posting
period, the unit or organization shall conduct a survey on the recompense,
support and resettlement arrangement in the form of holding a face-to-face
meeting with people in the area to which the repossessed land belongs. In case
the holder of repossessed land, owner of property affixed to the repossessed
land does not attend the face-to-face meeting with a legitimate reason, he/she
must send his/her comments in writing.
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Within 60 days from the day on
which the survey is conducted, the unit or organization in charge of
recompense, support and resettlement provision shall cooperate with the
People’s Committee of the third-level administrative division to which the
repossessed land belongs in organizing a dialogue in case there are
disagreements about the recompense, support and resettlement arrangement; the
unit or organization in charge of recompense, support and resettlement
provision in receiving and commenting on the draft recompense, support and
resettlement arrangement; complete the arrangement and submit it to a competent
authority;
b) The recompense, support and
resettlement arrangement must be appraised before submitting to the People’s
Committee having authority to repossess land for decision;
c) The People’s Committee having
authority to repossess land shall issue a decision to approve the recompense,
support and resettlement arrangement.
4. The unit or organization in
charge of recompense, support and resettlement provision shall:
a) cooperate with the People’s
Committee of the third-level administrative division in disseminating and
publicly posting the decision to approve the recompense, support and
resettlement arrangement at the office of the People’s Committee of the
third-level administrative division and common living area of the residential
area to which the repossessed land belongs;
b) send the recompense, support and
resettlement arrangement that has been approved by the competent authority to
each holder of repossessed land, owner of property affixed to the repossessed
land, relevant holder of rights and obligations, which specifies the amount of
recompense or support, arrange resettlement house or land (if any), time and
place of payment of recompense or support; time for arranging resettlement
house or land (if any) and time for handing over the repossessed land to the
unit or organizations in charge of recompense, support and resettlement
provision;
c) provide recompense, support or
implement resettlement according to the recompense, support and resettlement
arrangement which has been approved by the competent authority.
5. The People’s Committee having
authority to repossess land shall issue a decision to repossess land within 10
days from the day on which:
a) the recompense, support and
resettlement arrangement was approved in case where the resettlement is not
required;
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c) the former holder of the
repossessed land received land through an allocation or on-site handover of
land for self-build resettlement housing by a competent authority ;
d) a competent regulatory agency
handed over a resettlement house to the former holder of the repossessed land;
dd) a competent regulatory agency
handed over homestead land affixed to the resettlement house to the former
holder of the repossessed land;
e) the former holder of the
repossessed land agreed and received the recompense for arrangement of his/her
own accommodation;
g) the holder of the land subject
to repossession voluntarily handed over his/her land to the State and has been
given temporary residence or paid a temporary residence budget.
6. If a competent regulatory agency
organizes making of a recompense, support and resettlement arrangement that has
been approved by a competent authority, but the former holder of the
repossessed land does not agree or abide by,
a) the People’s Committee of the
third-level administrative division to which the repossessed land belongs shall
take charge and cooperate with the Vietnam Fatherland Front Central Committee
at the same level and the unit or organization in charge of recompense, support
and resettlement provision in mobilizing and persuading to create consensus in
implementation;
b) the mobilization and persuasion
shall be organized within 10 days and recorded in writing. After 10 days from
the end of mobilization and persuasion, if the holder of the land subject to
repossession still does not agree or abide by, the competent People's Committee
shall issue a decision to repossess the land.
7. If the holder of land subject to
repossession, owner of property affixed to the land, relevant holder of rights
and obligations does not hand over the land to the unit or organization in
charge of recompense, support and resettlement provision,
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b) the mobilization and persuasion
shall be organized within 10 days and recorded in writing. After 10 days from
the end of mobilization and persuasion, if the holder of the land subject to
repossession still does not abide by handover of the land to the unit or
organization in charge of recompense, support and resettlement provision, the
President of the People’s Committee of the second-level administrative division
shall issue a decision to enforce land repossession and organize enforcement as
prescribed in Article 89 of this Law.
8. The land bank development
organization and the People’s Committee of the third-level administrative
division shall manage the repossessed pending land allocation or land lease
according to clause 5 Article 86 of this Law.
9. The Government of Vietnam shall
elaborate this Article.
Article 88.
Enforcement of mandatory land inspection decisions
1. The enforcement of a mandatory
land inspection decision must lay down the following principles:
a) The enforcement must be
public, transparent, democratic, objective, ensuring order, safety, and in
accordance with laws;
b) The period of enforcement must
start from a working hour.
2. A mandatory land inspection
decision shall be enforced if all the following conditions are satisfied:
a) Former holder of the repossessed
land, owner of property affixed to the land, or relevant holder of rights and
obligations fails to abide by the mandatory land inspection decision after the
People’s Committee of the third-level administrative division to which the
repossessed land belongs, Vietnam Fatherland Front Central Committee at the
same level and the unit or organization in charge of recompense, support and
resettlement provision have completed mobilization and persuasion;
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c) The Decision to enforce the
mandatory land inspection decision has been effective;
d) The person against whom the
enforcement is sought has received the enforcement decision.
If the person refuses to receive
the enforcement decision or is absent upon grant of the enforcement decision,
the People’s Committee of the third-level administrative division shall make a
record.
3. The President of the People’s
Committee of the second-level administrative division shall issue the
enforcement decision and organize implementation of the enforcement decision.
4. The enforcement decision shall
be implemented following the procedure belows:
a) The organization in possession
of enforceable title mobilizes, persuades, and has dialogues with the person
against whom the enforcement is sought;
b) If the person against whom the
enforcement is sought abides by the enforcement decision, the organization in
possession of enforceable title shall make a record of compliance and carry out
the inspection, survey and measurement.
If the person against whom the
enforcement is sought fails to abide by the enforcement decision, the
organization in possession of enforceable title shall enforce the enforcement
decision.
5. Police forces shall be
responsible for protecting order and safety during the enforcement process.
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Article 89.
Enforcement of land repossession decisions
1. The enforcement of a land
repossession decision must satisfy the following principles:
a) The enforcement must be
public, transparent, democratic, objective, ensuring order, safety, and in
accordance with laws;
b) The period of enforcement must
start from a working hour. The enforcement measures shall not be imposed in the
period between 10:00 pm of the previous day and 06:00 am of the next day; in
days off, national holidays, and ethnic holidays; within 15 days before and
after the Lunar New Year holiday and other special cases that seriously affect
security, politics, order, social safety, local customs and practices;
c) The land repossession decision
shall be enforced on the land user, owner of property affixed to the land and
other entities relating to the repossessed land zone (if any).
2. A land repossession decision
shall be enforced if all the following conditions are satisfied:
a) The land repossession decision
has been effective but the holder of the repossessed land fails to abide by the
land repossession decision after the People’s Committee of the third-level
administrative division to which the repossessed land belongs, the Vietnam
Fatherland Front Central Committee at the same level and the land authority or
the unit or organization in charge of recompense, support and resettlement
provision have completed mobilization and persuasion;
b) The Decision to enforce the land
repossession decision has been posted in the People’s Committee of the
third-level administrative division and common living area of the residential
area to which the repossessed land belongs;
c) The Decision to enforce the land
repossession decision has been effective;
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If such person refuses to receive
the enforcement decision or is absent upon grant of the enforcement decision,
the People’s Committee of the third-level administrative division shall make a
record.
3. The President of the People’s
Committee of the second-level administrative division shall issue the
enforcement decision and organize implementation of the enforcement decision.
The enforcement decision must be
enforced within a period of 10 days from the day on which the person against
whom the enforcement is sought received the enforcement decision or from the
day on which the People’s Committee of the third-level administrative division
made the record showing that the person against whom the enforcement is sought
is absent or refuses to receive the enforcement decision, except for the case
where the enforcement decision stipulates a longer period.
4. The enforcement decision shall
be implemented following the procedure belows:
a) Before enforcement measures are
imposed, the President of the People’s Committee of the second-level
administrative division shall decide to establish a land repossession
enforcement board, including: the President or Deputy President of the People’s
Committee of the second-level administrative division holding the position of
head of the Board; representatives of inspection, justice, resource and
environment, construction authorities; unit or organization in charge of
recompense, support and resettlement provision; representative of the
leadership of the People’s Committee of the third-level administrative division
to which the repossessed land belongs being members and other members decided
by the President of the People’s Committee of the second-level administrative
division;
b) The land repossession
enforcement board mobilizes, persuades, and has dialogues with the person
against whom the enforcement is sought; if such person abides by the
enforcement decision, the board shall make a record showing the compliance. The
land must be handed over within 30 days from the day on which the record is
made.
If the person against whom the
enforcement is sought fails to abide by the enforcement decision, the land
repossession enforcement board shall organize the imposition of enforcement
measures;
c) The land repossession enforcement
board is entitled to force the person against whom the enforcement is sought
and relevant people to leave the land zone subject to enforced repossession,
remove their property from the land; unless the land repossession enforcement
board shall move the person against whom the enforcement is sought and relevant
people as well as their property out of the land zone.
If the person against whom the
enforcement is sought refuses to receive property, the land repossession
enforcement board shall make a record and preserve the property according to
the law and notify holders of the property to receive their property;
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5. Responsibilities of agencies,
organizations and individuals in implementing the enforcement decision:
a) The People’s Committee of the
second-level administrative division shall impose enforcement measures, resolve
complaints relating to the enforcement according to laws on complaints; ensure
conditions and means necessary to the enforcement; allocate a land repossession
enforcement budget;
b) The land repossession
enforcement board shall be in charge of the formulation and submission of
enforcement measures and estimates of land repossession enforcement budget for
the approval of the People’s Committee of the second-level administrative
division; hand over the land to the unit or organization in charge of
recompense, support and resettlement provision.
If there is property on the
repossessed land, the preservation of the property shall comply with
regulations of the Government; the cost of preservation shall be paid by the
owner of such property;
c) Police forces shall protect
order and safety during the enforcement process;
d) The People’s Committee of the
third-level administrative division shall cooperate with relevant units and
organizations in allocating and posting the enforcement decision; participate
in the enforcement; cooperate with the land repossession enforcement board in
sealing and moving the property of the person against whom the enforcement is
sought;
dd) Other relevant agencies,
organizations and individuals shall cooperate with the land repossession
enforcement board in enforcing the land repossession if required.
6. The land repossession
enforcement budget shall be guaranteed by the State and constitute an element
of the budget for recompense, support and resettlement.
7. The Government of Vietnam shall
elaborate this Article.
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1. The State shall requisition land
where necessary to serve national defense or security purposes, or in cases of
war, emergency, or natural disaster prevention and control.
2. Each decision to requisition
land must be put in writing and be effective from the time of issuance.
In case of emergency where the
written decision cannot be issued, a competent person may decide the land
requisition orally with immediate effect; the competent person must write a
written confirmation of the decision to requisition of the land at the time of
requisition and send it to the holder of the requisitioned land. Within 48
hours from the time of deciding the land requisition orally, the agency of such
competent person shall provide a written confirmation of the land requisition
to the holder of the requisitioned land.
3. The Minister of National
Defense, the Minister of Public Security, the Minister of Transport, the
Minister of Agriculture and Rural Development, the Minister of Health, the
Minister of Industry and Trade, the Minister of Natural Resources and
Environment, the Minister of Finance, the Presidents of the People’s Committees
of first-level administrative divisions, the Presidents of the People’s
Committees of second-level administrative divisions have the authority to
decide land requisition and decide land requisition extension. Persons having
authority to decide land requisition and land requisition extension are not
permitted to grant their authorizations.
4. A land requisition must be
completed within 30 days from the date on which the land requisition decision
comes into force. If case the land requisition period expires but the purpose
of the land requisition has not been achieved completely, it can be extended to
30 days. Each land requisition extension decision must be put in writing
and sent to the holder of the requisitioned land, the owner of property affixed
on the land before the land requisition period expires.
In the state of war of emergency,
the land requisition period shall begin from the issuance date of the decision
and end not later than 30 days after the end of the state of war or emergency
is declared.
5. The holder of the requisitioned
land and owner of property affixed to the land must abide by the land
requisition decision. If the land requisition decision has been abided by
according to regulations of law but the holder of the requisitioned land fails
to comply, the person deciding the land requisition shall issue an enforcement
decision and impose enforcement measures or assign the President of the
People’s Committee of the first-level administrative division or the President
of the People’s Committee of the second-level administrative division to which
the requisitioned land belongs to impose enforcement measures.
6. The person having authority to
requisition the land shall assign relevant organizations and individuals to
manage and use the requisitioned land for the intended purpose and in an
efficient manner; return the land when the requisition period expires;
compensate for the damage caused by the land requisition.
7. The compensation for the damage
caused by the land requisition shall comply with the following regulations:
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b) If the loss of earnings is
directly caused by the land requisition, the amount of compensation shall be
determined on the basis of the actual loss calculated from the date of handover
of the requisitioned land to the date of return of the requisitioned land
recorded in the decision to return the requisitioned land. The actual level of
earnings lost must be consistent with the earnings brought by the requisitioned
land under normal conditions before the time of land requisition;
c) In case the destruction of the
property is directly caused by the land requisition, an amount of money equal
to market price for conveyance of property at the time of payment shall be
provided as recompense for the destruction;
d) The President of the People’s
Committee of the fist-level administrative division and the President of the
People’s Committee of the second-level administrative division to which the
requisitioned land belongs shall establish a Council for determining the amount
of compensation for the loss of earnings caused by the land requisition on the
basis of the written declaration of the land user and the cadastral record.
On the basis of the amount of compensation for the loss determined by the
Council, the President of the People’s Committee of the fist-level administrative
division and the President of the People’s Committee of the second-level
administrative division shall issue a decision on the amount of compensation;
dd) A lump sum from state budget
shall be given directly to the holder of the requisitioned land, owner of property
affixed to the land within 30 days from the date of returning the land as
financial compensation for the loss caused by the land requisition.
8. The Government of Vietnam shall
elaborate this Article.
Chapter VII
RECOMPENSE, SUPPORT,
RESETTLEMENT UPON LAND REPOSSESSION
Section 1.
GENERAL PROVISIONS
Article 91.
Rules for recompense, support and resettlement upon land repossession by the
State
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2. The land-related recompense
shall be given by allocation of land with the same purpose as that of the
repossessed land. In case of no land for recompense, an amount of money equal
to the specific land price of the type of repossessed land shall be provided as
recompense for the repossessed land by the People’s Committee competent to
decide at the time of approval for the recompense, support and resettlement
arrangement. If the holder of the repossessed land is given land or housing as
recompense but wishes to receive recompense in money, the recompense shall be
paid in money in accordance with his/her wishes when making the recompense,
support and resettlement arrangement.
If there is a land bank or housing
bank in the local area, the holder of the repossessed land can be provided with
housing or land with a different purpose from that of the repossessed land.
3. If the owner of property under
civil laws suffers a loss of his/her property, he/she shall be given recompense
for the loss; the owner of the manufacturing and business facility whose land
is repossessed shall be considered support if the facility’s operation is
stopped due to the land repossession by the State.
4. The State shall provide support
to the holder of the repossessed land, owner of property affixed to the land in
order to enable the holder of the repossessed land and the property owner to
have jobs, income and stabilize their lives and manufacture.
5. A resettlement area must have
conditions of synchronous technical and social infrastructure completed
according to the detailed planning approved by a competent authority, and be
consistent with the cultural traditions, customs and practices of the
population where the repossessed land belongs. The resettlement area may be
allocated to one or multiple projects.
6. The People’s Committee of the
first-level administrative division and the People’s Committee of the
second-level administrative division shall set up and run a resettlement project
to ensure initiative in resettling the holder of the repossessed land. The
approval for the recompense, support and resettlement arrangement and the
resettlement implementation must be completed before the issuance date of the
land repossession decision.
7. When the State repossesses land
according to Article 78 and Article 79 hereof and the remaining area of the
land parcel after being repossessed is smaller than the minimum area under
regulations of the People’s Committee of the first-level administrative
division on minimum area in clause 2 Article 220 hereof, if the land user
agrees the land repossession, the competent People’s Committee shall issue a
land repossession decision and provide recompense, support for and management
of the repossessed land area according to regulations of law.
Budgets for recompense and support
in case of land repossession prescribed in this clause shall be included in the
cost of recompense, support and resettlement of the investment project.
Article 92.
Recompense, support and resettlement in special cases
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2. The holder of the repossessed
land in the case of land repossession prescribed in clause 3 Article 82 of this
Law shall be provided with recompense, support and resettlement as in the case
of land repossession prescribed in Article 78 and Article 79 of this Law.
3. For an organization whose land
is repossessed without land-related recompense or an organization whose
property is allocated by the State to manage or use,
a) In case the organization is
allocated land by the State with land levy payment or leased out land by the
State under one-off arrangement and the land levy or land rent has been paid
from the state budget and the organization is allocated land by the State
without land levy payment upon land repossession by the State, the organization
shall not be provided with land-related recompense but monetary support if it
must relocate to a new location which is decided by a competent regulatory
agency; and the maximum support level shall not exceed the land recompense
level;
b) In case the land subject to
repossession by the State is being used by the people's armed force unit
according to regulations in Article 79 of this Law, this unit shall remove to a
new site arranged by the State or land in a suitable site shall be allocated in
exchange for the repossessed land;
c) In case an organization suffers
a loss of property allocated by the State to manage or use due to the land
repossession by the State and it must remove to a new site, such organization
can use recompense for the property to make investment in the new site
according to the investment project approved by a competent authority.
4. The Government of Vietnam shall
elaborate this Article.
Article 93.
Separation of recompense, support and resettlement into independent projects
and land repossession, recompense, support and resettlement for investment
projects
In case a recompense, support and
resettlement project is separated into an independent project according to
public investment laws, the land repossession, recompense, support and
resettlement shall comply with regulations of this Law.
Article 94.
Budgets for and payment of recompense, support and resettlement
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2. In case the State allocates land
with land levy payment or leases out land according to land laws, if the budget
for recompense, support and resettlement is voluntarily advanced by the project
implementer in accordance with the recompense, support and resettlement
arrangement which has been approved by a competent authority, it shall be
deducted from the land levy or the land rent payable. The deductible amount
shall not exceed the land levy or land rent payable; the remaining amount (if
any) shall be deducted from the investment cost of the project.
In case the State allocates land
without land levy payment, allocates land with land levy payment or leases out
land according to land laws, if the project implementer is given exemption from
land levy or land rent and he/she voluntarily advances the budget for
recompense, support and resettlement in accordance with the recompense, support
and resettlement arrangement which has been approved by a competent authority,
such budget shall be deducted from the investment cost of the project.
3. The payment of recompense,
support and resettlement shall be made as follows:
a) Within 30 days from the
effective date of the decision to approve the recompense, support and
resettlement arrangement, the payer (agency/unit/organization) of recompense
must pay the recompense or support to the holder of the repossessed land and/or
the property owner;
b) If the payer defers the payment,
upon payment of recompense or support to the holder of the repossessed land
and/or the property owner, the holder of the repossessed land and/or the
property owner shall be paid an amount equal to the late payment interest under
the Law on Tax Administration which is calculated according to the amount of
late payment and period of late payment in addition the recompense or support
according to the recompense, support and resettlement arrangement approved by a
competent authority.
The competent authority which has
approved the recompense, support and resettlement arrangement shall approve the
arrangement for deferred compensation payment for the holder of the repossessed
land and/or the property owner. Budget for deferred compensation payment shall
be allocated from the budget of the competent authority which has approved the
recompense, support and resettlement arrangement.
4. b) If the holder of the
repossessed land or the property owner fails to receive the recompense or
support according to the recompense, support and resettlement arrangement
approved by the competent authority or if the repossessed land or property is
in dispute, the recompense or support payment shall be transferred to the
deposit account of the unit/organization performing recompense, support and
resettlement tasks opened at a commercial bank in which controlling shares are
held by the State at the demand deposit interest rate. Interests from the
recompense or support shall be paid to the holder of LURs or property owner who
is eligible for recompense or support.
5. If modifications or additions to
the recompense, support and resettlement arrangement include modifications to
the land price or property price, the land price or property price on which
recompense is calculated shall be set at the issuance time of the decision to
modify the recompense, support and resettlement arrangement. If the land price
or property price at the issuance time of the decision to modify the
recompense, support and resettlement arrangement is lower than that specified
in the recompense, support and resettlement arrangement which has been
approved, the land price or property price on which recompense is calculated
specified in the approved arrangement shall be applied. If modifications or
additions to the arrangement do not include modifications to the land price or
property price, land laws applicable at the approval time of the recompense,
support and resettlement arrangement shall be applied.
6. If the land user who is eligible
for recompense upon land repossession by the State fails to fulfil land-related
financial obligations to the State according to regulations of law, the land
user's unpaid debts to state budget shall be deducted from the recompense.
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Section 2.
LAND-RELATED RECOMPENSE
Article 95.
Conditions of eligibility for land-related recompense when the State
repossesses land for national defense or security purpose; for socio-economic
development purpose in the national/public interest
1. Entities that are eligible for
land-related recompense when the State repossesses land for national defense or
security purpose; for socio-economic development purpose in the national/public
interest include:
a) Household/ individual that is
using land which is not leased with annual land rent payments;
b) Population that is using land
and pagoda, communal house, temple, shrine, hermitage, family church, or
another religious work thereon or agricultural land prescribed in clause 4
Article 178 of this Law which is not in dispute and is certified by the People’s
Committee of the third-level administrative division to which the land belongs
as land for common use by the population;
c) Person of Vietnamese descent
residing overseas prescribed in clause 1 Article 44 of this Law;
d) Religious organization or affiliated
religious organization permitted by the State to operate that is using land
which is not allocated or leased out by the State; conveyed or donated from
July 01, 2004;
dd) Person of Vietnamese descent
residing overseas that is allocated land by the State with land levy payment,
leased out land by the State under one-off arrangement; receives rights to use
land in an industrial park, industrial cluster, high-tech park or economic zone
by conveyance;
e) Organization that is allocated
land by the State with land levy payment, leased out land by the State under
one-off arrangement; receives LURs by inheritance or conveyance, receives LURs
contributed as capital;
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h) Business organization, person of
Vietnamese descent residing overseas or foreign-invested business organization
that is allocated land by the State with land levy payment to carry out an
investment project for construction of housing for sale or for both sale and
lease; leased out land by the State under one-off arrangement.
2. The entity prescribed in clause
1 of this Article shall be given land-related recompense if:
a) They possess a Certificate of
LURs or Certificate of home ownership and homestead land use right or
Certificate of LURs and ownership of housing and property affixed to land; or
Certificate of title;
b) A decision to allocate land,
lease land, or permit land repurposing has been issued by a competent
regulatory agency;
c) They possess one of documents on
LURs forming the basis of grant of a Certificate of title according to
regulations in Article 137 of this Law;
d) They receive LURs by disposition
according to regulations of law from a legal holder of LURs who has not yet
completed his/her land registration; or
dd) They are permitted to use land
according to debt settlement clauses in a mortgage agreement; document
recognizing results of the auction of LURs in which the successful bidder has
fulfilled their financial obligations according to regulations of law.
3. The Government shall regulate
other cases eligible for land-related recompense and conditions of eligibility
for land-related recompense.
Article 96.
Land-related recompense when the State repossesses agricultural land of households/individuals
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2. In case a household/individual
is using agricultural land when the State repossesses the land, the
agricultural land-related recompense shall be prescribed as follows:
a) Agricultural land area to be
recompensed includes the area within the limits specified in Article 176 and
Article 177 of this Law and the land area received by inheritance;
b) If the area of agricultural land
of which LURs is received by disposition exceeds the limit prior to July 01,
2014, the recompense or support shall comply with the Government’s regulations.
3. If a household/individual
directly engaged in agriculture used the agricultural land before July 01, 2004
but they are not eligible for a Certificate of title according to regulations
of this Law, the recompense shall comply with the Government's regulations.
Article 97.
Land-related recompense when the State repossesses agricultural land of
business organizations, populations, religious organizations or affiliated
religious organizations
1. If a business organization that
is using agricultural land allocated by the State with land levy payment,
leased out by the State under one-off arrangement or is using agricultural land
whose LURs are conveyed when the State repossesses land meets conditions of
eligibility for recompense in Article 95 of this Law, land-related recompense
shall be given.
2. If a population/religious organization/affiliated
religious organization that is using agricultural land when the State
repossesses land meets conditions of eligibility for recompense in
Article 95 of this Law, land-related recompense shall be given.
Article 98.
Land-related recompense when the State repossesses homestead land
1. If a household/individual/person
of Vietnamese descent residing overseas/business organization that is using
homestead land, or is holding housing affixed to LURs in Vietnam when the State
repossesses land meets conditions of eligibility for recompense in Article 95
of this Law, they shall be given other homestead land or housing or an amount
of money or land used to a purpose different from that of the repossessed land
as recompense.
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3. The Government of Vietnam shall
elaborate this Article.
Article 99.
Land-related recompense when the State repossesses non-agricultural land which
is not homestead land of households/individuals
1. If a household/individual that
is using non-agricultural land which is not homestead land when the State
repossesses the land meets the conditions of eligibility for recompense in
Article 95 of this Law, they shall be given other land used to a purpose same
as that of the repossessed land or an amount of money in accordance with the
remaining land use term or land used to a purpose different from that of the
repossessed land or housing as recompense.
2. If a household/individual that
is using non-agricultural land which is not homestead land leased out by the
State under one-off arrangement and is subject to exemption from land rent when
the State repossesses land meets the conditions of eligibility for recompense
in Article 95 of this Law, they shall be given land-related recompense.
3. The Government of Vietnam shall
elaborate this Article.
Article 100.
Land-related recompense when the State repossesses non-agricultural land which
is not homestead land of business organizations/public service
providers/populations/religious organizations/affiliated religious
organizations/ persons of Vietnamese descent residing overseas/foreign
diplomatic organizations/foreign-invested business organizations
1. If a business organization/person
of Vietnamese descent residing overseas that is using non-agricultural land
which is not homestead land or cemetery land when the State repossesses land
meets conditions of eligibility for recompense in Article 95 of this Law, they
shall be given land used to a purpose same as that of the repossessed land or
an amount of money (in case land for recompense is not available) as
recompense.
2. If a business organization that
is using land allocated by the State to carry out a cemetery infrastructure investment
project or ash storage facility construction project in clause 2 Article 119 of
this Law, or a business organization provided for in Article 42 of this Law
that uses non-agricultural land which is not homestead land of which LURs are
contributed as capital when the State repossesses land meets the conditions of
eligibility for recompense in Article 95 of this Law, land-related recompense
shall be given.
3. If a business
organization/public service provider/person of Vietnamese descent residing overseas/foreign
diplomatic organization/foreign-invested business organization that is using
non-agricultural land leased out by the State under one-off arrangement, when
the State repossesses such land, meets the conditions of eligibility for
recompense in Article 95 of this Law, land-related recompense shall be given.
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5. The Government of Vietnam shall
elaborate this Article.
Article 101.
Cases of ineligibility for land-related recompense when the State repossesses
land
1. Cases prescribed in clause 1 Article
107 of this Law.
2. Land managed by
agencies/organizations of the State provided for in Article 217 of this Law.
3. Land subject to repossession in
the cases prescribed in Article 81, clause 1 and clause 2 Article 82 of this
Law.
4. Cases of ineligibility for a
Certificate of title according to this Law, except for the case prescribed in
clause 3 Article 96 of this Law.
Section 3. Recompense for damage to property, land value
Article 102.
Recompense for damage to houses, housing or construction affixed to land when
the State repossesses land
1. Regarding a house/construction
serving daily life affixed to land of a household/individual/person of
Vietnamese descent residing overseas which is subject to dismantlement or
demolition when the State repossesses land, the owner of that
house/construction shall receive recompense equal to the construction value of
a new house/construction with equivalent technical standards according to
relevant laws.
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2. If a house/construction affixed
to land not falling under the case prescribed in clause 1 of this Article, when
the State repossesses land, is dismantled or demolished in whole or in part,
the recompense for the damage shall be as follows:
a) If the whole of the
house/construction is dismantled or demolished or a part of the
house/construction is dismantled or demolished and the remaining part fails to
meet technical standards according to regulations of law, the recompense shall
be equal to the construction value of a new house/construction with equivalent
technical standards according to construction laws;
b) Regarding another
house/construction which is dismantled or demolished and does not fall under
the case prescribed in point a of this clause, recompense for actual damage
shall be paid.
3. Regarding a technical or social
infrastructure work affixed to currently used land that does not fall into the
cases specified in Clauses 1 and 2 of this Article, the recompense shall be
equal to the construction value of a new work with equivalent technical
standards according to relevant laws.
4. The People’s Committee of a
first-level administrative division shall issue compensation rates for actual
damage to houses, housing or constructions prescribed in this Article in order
to form the basis for calculation of recompense upon land repossession; the
compensation rates for damage prescribed in this Article must be consistent
with the market price and must be considered to be adjusted when there are
fluctuations to serve as a basis for calculating recompense when land is
repossessed.
5. The Government of Vietnam shall
elaborate this Article.
Article 103.
Recompense for crops and livestock
If the land repossession by the
State causes damage to crops or livestock, the recompense shall be as follows:
1. For annual crops, the recompense
shall be equal to the output value of the harvest of such crops. The output
value of each crop shall be calculated according to the highest productivity in
the last 3 consecutive years of such crop in the local area and the
compensation rate;2. The recompense for a perennial crop shall be equal to the
actual damages of such perennial crop.
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3. For an unharvested crop that can
be moved to another location, recompense for the moving cost and actual damage
to the crop caused by moving or replanting shall be paid.
For forest trees planted with state
budget capital, natural forest trees assigned to organizations, households and
individuals to plant, manage, take care and protect, recompense shall be based
on the actual damage to such trees; the recompense shall be distributed to
managers, caretakers and protectors according to forestry laws;
4. If aquatic animals or other
livestock are damaged by the land repossession by the State but cannot be
moved, recompense for actual damage according to the specific recompense
provided for by the People’s Committee of a first-level administrative division
shall be paid;
5. Owners of crops and livestock
specified in clauses 1, 2, 3 and 4 of this Clause may retrieve their crops and
livestocks before handover of their land to the State;
6. The People’s Committee of a
first-level administrative division shall issue compensation rates for damage
to crops and livestock according to manufacturing process issued by the
Ministry of Agriculture and Rural Development or local authorities in
accordance with regulations of law; compensation rates for damage to crops and
livestock prescribed in this Article must be consistent with the market prices
and must be considered to be adjusted when there are fluctuations to serve as a
basis for calculating recompense when land is repossessed.
Article 104.
Recompense for costs of moving property when land is repossessed by the State
1. If the land repossession by the
State requires moving of property thereon, costs of dismantling, moving and
installing shall be compensated by the State; if a system of machinery or
production lines must be moved, damage caused by dismantlement, moving and
installation shall be compensated in addition to the costs of dismantlement,
moving and installation.
2. The People’s Committees of
first-level administrative divisions shall prescribe compensation rates in
clause 1 of this Article.
Article 105.
Cases of ineligibility for recompense for property affixed to land when the
land is repossessed by the State
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2. Property affixed to land which
is developed illegally or developed within the effective period of a
notification of land repossession issued by a competent regulatory agency
according to regulations of this Law.
3. Property affixed to land which
is a part of a construction under a fixed-term construction permit according to
the construction law which has expired before the date of land repossession.
The property owner prescribed in
this clause shall be supported to dismantle, demolish or relocate.
4. Technical or social
infrastructure works and other constructions whose owners confirm that they no
longer need to use such works before a decision on land repossession is issued
by a competent authority.
Article 106.
Recompense for damage to land in construction safety corridors, protected areas
and safety belts when constructing works and areas with safety corridors
When constructing a work or area
with a safety corridor without repossessing land within the safety corridor,
the land user shall be given recompense for damage due to the limited land use
capability or damage to property affixed to the land according to the
Government’s regulations.
Article 107.
Recompense for residual land value when land is repossessed by the State for
national defense or security purpose; for socio-economic development purpose in
the national/public interest
1. Cases of ineligibility for
land-related recompense which are given recompense for residual land value when
land is repossessed by the State include:
a) Land allocated by the State
without land levy payment, except for agricultural land of a
household/individual that is eligible for land-related recompense prescribed in
Article 96 of this Law;
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c) Land leased out by the State
with annual land rent payments; land leased out under one-off arrangement which
is subject to exemption from land rent, except for the case prescribed in
clause 2 Article 99 of this Law;
d) Land belonging to an
agricultural land bank for public use that is leased out by the People’s
Committee of a third-level administrative division;
dd) Land allocated for contract
execution for agricultural production, forestry production, aquaculture or salt
production purpose;
e) Area of agricultural land
allocated which exceeds the limit prescribed in Article 176 of this Law.
2. A residual land value includes
all or part of the following costs:
a) Site preparation costs;
b) Costs of soil fertility
improvement, pH and salinity control, erosion prevention for agricultural land;
c) Costs of soil strengthening,
ground vibration reduction and land subsidence control for production and
business premises;
d) Budgets for recompense, support
and resettlement that have been advanced in accordance with the recompense,
support and resettlement arrangement which has been approved by a competent
authority but have not yet been deducted fully from the land levy or the land
rent payable;
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3. The Government of Vietnam shall
elaborate this Article.
Section 4.
SUPPORT
Article 108.
Support when the State repossesses land
1. Support when the State
repossesses land includes:
a) Support for life stabilization;
b) Support for production and
business stabilization;
c) Support for relocation of
livestock;
d) Support for training, career
change and job search;
dd) Resettlement support for the
cases specified in clause 8 Article 111 of this Law;
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2. In addition to the support prescribed
in clause 1 of this Article, on the basis of the current local conditions, the
People’s Committee of a first-level administrative division shall decide other
measures and support in order to ensure accommodation, life stability and
production stability for holders of repossessed land and property owners for
each specific project.
3. The Government of Vietnam shall
elaborate this Article.
Article 109.
Support for training, career change and job search for households/individuals
when their land is repossessed by the State
1. The financial support not
exceeding 05 times the price of agricultural land at the same type in the list
of land prices of a local area for the entire area of the repossessed
agricultural land within the limit on agricultural land allocation of the local
area according to regulations in Article 176 of this Law shall be given to:
a) Any household/individual
directly engaged in agriculture using agricultural land to which LURs are
allocated by the State, received by conveyance, inheritance or donation, or
recognized by the State that has been given financial recompense when the State
repossesses such land without providing compensatory land;
b) Any individual entitled to
social security or monthly social benefits according to the law, war invalid,
sick soldier or martyr’s family that has been given financial recompense when
the State repossesses agricultural land without providing compensatory land;
c) Households or individuals that
are contracted to use allocated land for agricultural, forestry, or aquaculture
purpose from state-run farms, state-run forests or agriculture or forestry
companies converted from state-run farms or state-run forests, and are earning
stable incomes from direct participation in agricultural production on that
land, except for individuals who used to be officials or employees of the
aforementioned facilities and have retired, lost their ability to work or quit
their jobs to receive benefits;
d) Any household/individual that is
contracted to use allocated land from an agricultural production corporation or
agricultural cooperative and is earning stable incomes from direct
participation in agricultural production on that land.
2. Persons provided with support as
prescribed in clause 1 of this Article shall be supported in the form of
training, career change and job search according to clause 4 of this Article.
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4. The provision of support in the
form of training, career change and job search for holders of repossessed land
which is agricultural land or land used for both residential and commercial
purposes shall be regulated as follows:
a) The Ministry of Labor, Invalids
and Social Affairs shall take charge and cooperate with relevant Ministries and
central authorities in submitting mechanisms and policies for employment and
vocational training for holders of repossessed land prescribed in clauses 2 and
3 of this Article for the Prime Minister’s decision;
b) The People’s Committees of
first-level administrative divisions shall, on the basis of mechanisms and
policies for employment and vocational training that have been decided by the
Prime Minister and actual local conditions, provide specific and appropriate
support to each eligible entity prescribed in clause 2 and clause 3 of this
Article; direct the People’s Committees of second-level administrative
divisions to comply with the regulations in point c of this clause;
c) On the basis of district-level
annual land use plans, the People’s Committees of second-level administrative
divisions shall prepare and organize arrangements for training, career change
and job search in their divisions. These arrangements for training,
career change and job search shall be prepared and approved at the same time
with recompense, support and resettlement arrangements.
During the preparation of such
arrangements for training, career change and job search, the People’s
Committees of the second-level administrative divisions shall conduct surveys,
receive and comment on feedbacks of the holders of repossessed land.
5. The specific support in clause 1
of this Article prescribed by the People’s Committees of first-level
administrative divisions shall be based on actual local conditions.
6. The Government of Vietnam shall
elaborate this Article.
Section 5.
RESETTLEMENT
Article 110.
Setting up and carrying out resettlement projects and resettlement areas
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2. Resettlement areas must satisfy
the following requirements:
a) Technical infrastructure of
resettlement areas must at least meet new rural standards for rural areas, or
urban standards for urban areas, including roads built to ensure connection
with neighbouring areas, lighting and domestic electricity, water supply and
drainage systems, communications systems, environmental treatment systems;
b) Social infrastructure of
resettlement areas must ensure access to health services, education, culture,
sports, markets, commerce, services, entertainment, recreation, and cemeteries;
c) Resettlement areas must be
appropriate to conditions, manners and customs of each region or area.
3. Locations of resettlement areas
shall be selected in the following order of priority:
a) in third-level administrative
divisions to which repossessed land belongs;
b) in second-level administrative
divisions to which repossessed land belongs in case resettlement land in
third-level administrative divisions to which repossessed land belongs is not
available;
c) in other sites with equivalent
conditions in case resettlement land in second-level administrative divisions
to which repossessed land belongs is not available;
d) in locations favourable for
formation of resettlement areas.
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Article 111.
Resettlement implementation
1. The unit or organization in
charge of recompense, support and resettlement provision assigned to implement
resettlement by the People’s Committee of a first-level administrative division
or the People’s Committee of a second-level administrative division shall send
a notification of the scheduled arrangement for resettlement implementation to
the holder of repossessed land, house owner subject to relocation and post
publicly at least 15 days at the office of the People’s Committee of a
third-level administrative division, common living area of the residential area
to which the repossessed land belongs and at the resettlement site where the
people have lived before a competent authority approves the arrangement for
resettlement implementation.
The notification shall include
location, size of the land bank, resettlement housing bank, design, area of
each land parcel, apartment, land price, resettlement housing price; scheduled
resettlement implementation for the holder of repossessed land.
2. The arrangement for resettlement
implementation which has been approved by the competent authority must be
posted publicly at the office of the People’s Committee of the third-level
administrative division, common living area of the residential area to which
the repossessed land belongs and the resettlement site.
3. The land price used as a basis
for land levy calculation at a resettlement site for a person entitled to
homestead land-related recompense, person eligible for resettlement homestead
land allocation in case of ineligibility for homestead land-related recompense
shall be the land price determined according to the list of land prices at the
time of approval for the recompense, support and resettlement arrangement. The
land price list must be supplemented in case of no land price to be used as the
basis for land levy calculation for the resettled person. The resettled person
can owe financial obligations related to land if he/she meets the requirements
prescribed by the Government.
Sales price of a resettlement house
in a second-level administrative division shall be decided by the People’s
Committee of such division. If the resettlement house is situated in another
second-level administrative division, the sales price of such resettlement
house shall be decided by the People’s Committee of the first-level
administrative division.
4. If a household/individual/person
of Vietnamese descent residing overseas/business organization that is using
homestead land, or is holding a house affixed to LURs in Vietnam when the State
repossesses land meets conditions of eligibility for homestead land recompense
according to Article 95 of this Law, they shall be given other homestead land
or another house in the resettlement area or at another suitable location as
recompense.
Any household with multiple
generations or couples living together on an repossessed homestead land parcel
that is eligible for separation into separate households in accordance with
residence laws or with multiple separate households that have the same LURs of
an repossessed homestead land parcel but the compensatory homestead land area
is not enough for allocation to each separate household will be considered
support for allocation of homestead land with land levy payment or sale, lease
or lease-purchase of housing.
5. Any household/individual to be
relocated when the State repossesses land affixed to housing that is not
eligible for homestead land-related recompense and does not have any other
accommodation in a commune/commune-level town in a rural area or in a
district-level town/city affiliated to a province or in an urban
district/district-level town/city affiliated to a municipality to which the
repossessed land belongs shall be allocated land by the State with land levy
payment or sold, leased out housing, permitted by the State to enter into a
housing lease purchase contract.
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7. Any holder of land which is
repossessed to carry out an investment project for urban development will be
given in-situ homestead land or housing as recompense; pending resettlement,
he/she will be provided with a temporary house or rent assistance; the specific
period and amount of support shall be determined by the People’s Committee of
the first-level administrative division under current local conditions. If the
land is repossessed for another purpose and resettlement land/housing bank in
the repossession area is available, the holder will be given in-situ homestead
land or housing as recompense. Land in convenient location will be given to
households/individuals using land for both residential purpose and commercial
purpose or people who contributed to the revolution first. There is a regular
mechanism for holders of land subject to repossession who hand over their land
before the deadline according to regulations of the People's Committees of
first-level administrative divisions.
8. If any holder of repossessed
homestead land has to relocate and is given resettlement homestead land or
housing as recompense but financial recompense for the homestead land is not
sufficient for a minimum resettlement rate, the holder will be provided with
financial support to be eligible for a minimum resettlement rate by the State.
9. In case of carrying out an
investment project for improvement or reconstruction of apartment buildings,
the holders of such buildings shall be recompensed, supported or resettled as
prescribed by housing laws.
10. The People’s Committee of the
first-level administrative divisions shall, based on the resettlement homestead
land/housing bank and current local condition of such division, elaborate the
minimum resettlement rate prescribed in clause 8 of this Article; decide
provision of support for allocation of homestead land with land levy payment or
sale, lease or lease-purchase of housing to households in need according to
clause 4 of this Article.
11. Users of state-owned houses
situated within the scope of land repossession that have to demolish their
houses shall be provided with support as prescribed by the Government.
12. The Government of Vietnam shall
elaborate this Article.
Chapter VIII
DEVELOPMENT, MANAGEMENT AND
EXPLOITATION OF LAND BANKS
Article 112.
Principles for development, management and exploitation of land banks
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Article 113.
Land developed, managed and exploited by land bank development organizations
1. The People’s Committees of
first-level administrative divisions shall assign land bank development
organizations to manage and exploit land banks formed from the following
sources:
a) Land stated in clause 5 Article
86 of this Law;
b) Land subject to repossession in
the cases prescribed in clauses 26 and 27 of Article 79 of this Law for auction
of LURs;
c) Land subject to repossession in
the cases prescribed in Article 81, points a, b, c and d clause 1 and clause 2
Article 82 of this Law in urban areas.
d) Land transferred to local
authorities for management, handling and repossession due to rearrangement and
handling of houses and land in accordance with laws on management and use of
public property, except for the case where such houses and land are handled in
the form of transfer or arrangement for use for the State’s purpose according
to laws on management and use of public property;
dd) Land originating from
equitization of state-owned enterprises that is leased out by the State with
annual land rent payments but is repossessed by the State for allocation of
management;
e) Land used for mineral-related
activities that is returned as stipulated in land lease contracts;
g) Land formed from the land
reclamation financed by state budget;
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2. The People’s Committees of
competent authorities shall direct land bank development organizations to
perform the tasks prescribed in Article 115 of this Law for land banks
developed, managed and exploited by such land bank development organizations;
the People’s Committees of third-level administrative divisions to which land
belongs shall cooperate with land bank development organizations in managing,
protecting and preventing trespass to land and land appropriation.
3. The Government of Vietnam shall
elaborate this Article.
Article 114.
Land development funds
1. A local land development fund is
a state extra-budgetary financial trust established by the People’s Committee
of a first-level administrative division to advance capital to serve tasks
within the functions of the land fund development organization and to implement
land support policies for ethnic minorities and other tasks according to the
law.
2. The land development fund must
be made available to ensure the preservation and development of capital, and
not be used for profit purposes. Financial source of the land development fund
shall be allocated from the state budget and raised from other sources
according to the law. The capital advance to carry out the tasks specified in
Clause 1 of this Article shall be returned to the land development fund in
accordance with laws.
3. The People’s Committee of the
first-level administrative division shall request a decision of the People's
Council at the same level to allocate the local government budget to provide
charter capital and reimbursement to the land development fund for tasks
falling under the responsibility of local government budget.
4. The Government of Vietnam shall
elaborate this Article.
Article 115.
Land bank development organizations
1. A land bank development
organization shall be established to create, develop, manage and exploit local
land banks.
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3. The Government prescribes the
establishment, functions, tasks, organizational structure, management and
operation mechanisms of the land bank development organization.
Chapter IX
LAND ALLOCATION, LAND LEASE,
LAND REPURPOSING
Article 116.
Bases for land allocation, land lease, permission for land repurposing
1. The basis for land allocation or
land lease through LUR auction is the written approval for the successful LUR
auction result of a competent regulatory agency.
2. The basis for land allocation or
land lease through bidding for investor selection is a written approval for the
investor selection result for the project in accordance with bidding laws.
3. Bases for land allocation or
land lease without LUR auction or bidding for investor selection; permission
for land repurposing, except for the case prescribed in clause 5 of this
Article. To be specific:
a) For a project falling under the
list prescribed in point b clause 3 Article 67 of this Law, the basis shall be
the district-level annual land use plan approved by a competent authority and
decision to invest in the project according to public investment laws or
decision to approve both the investment guidelines and the investor or decision
to approve the investor according to investment laws, housing laws or written
approval for the investor selection result for the PPP investment project.
b) For a project prescribed in
clause 4 Article 67 of this Law, the basis shall be the decision to invest in
the project according to laws on public investment or decision to approve both
the investment guidelines and the investor or decision to approve the investor
according to investment laws, housing laws or written approval for the investor
selection result for the PPP investment project.
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5. The basis for permission for
converting from agricultural land in a residential area or in the same land
parcel of homestead land into homestead land or converting from
non-agricultural land not be used for residential purpose into homestead land
for a household/individual is the district-level land use planning or general
planning/zoning planning developed in accordance with urban planning laws that
has been approved by a competent authority.
6. The basis for land allocation,
land lease or permission for land repurposing for cases of ineligibility for
investment guideline approval and/or investor approval according to investment
laws is in accordance with the Government's regulations.
7. The Government elaborates the
land allocation, land lease, land repurposing.
Article 117.
Allocating or leasing land which is currently in use to other people
Any decision to allocate and lease
land which is currently used or managed by someone to another person is only
made if a land repossession decision has been issued by a competent regulatory
agency and the recompense, support or resettlement provision has been completed
in accordance with regulations of law, except for cases of eligibility for
conveyance of real estate projects according to real estate business laws.
Article 118.
Land allocation without land levy payment
Land will be allocated without land
levy payment in the following cases:
1. Agricultural land will be
allocated without land levy payment within the limit prescribed in Article 176
of this Law to individuals directly engaged in agriculture.
2. Land for construction of
headquarters of the Communist Party of Vietnam, regulatory agencies, Vietnamese
Fatherland Front, socio-political organizations, socio-political-professional
organizations, socio-professional organizations, social organizations or other
organizations established in accordance with laws and assigned tasks and funded
by the State for operating expenses; national defense or security land; land
used for public purposes not for business purposes; land for cemeteries,
funeral service centers and cremation centers, land for ashes storage
facilities not falling under the case specified in clause 2 Article 119 of this
Law; land to be used by belief organizations provided to recompense cases
subject to repossession of land used by belief organizations by the State will
be allocated without land levy payment.
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4. Land for construction of public
works will be allocated to public service providers without land levy payment.
5. Agricultural land will be
allocated to populations without land levy payment; land prescribed in clause 2
Article 213 of this Law will be allocated to religious organizations/affiliated
religious organizations without land levy payment.
6. Land will be allocated to
agencies and organizations using land for carrying out investment projects on
construction of public-duty houses according to housing laws without land levy
payment.
7. Ethnic minorities that are not
individuals directly engaged in agriculture but are subject to land allocation
without land levy payment according to the policy specified in Article 16 of
this Law will be allocated land without land levy payment.
8. Land will be allocated to
organizations using land for construction of resettlement housing according to
the State’s projects without land levy payment.
9. The land allocation prescribed
in this Article shall comply with regulations in Article 124 of this Law.
Article 119.
Land allocation with land levy payment
Land will be allocated with land
levy payment in the following cases:
1. Individuals are allocated
homestead land.
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3. People of Vietnamese descent
residing overseas, foreign-invested business organizations are allocated land
for carrying out investment projects on construction of commercial housing in
accordance with housing laws or use land received by conveyance of real estate
projects in accordance with real estate business laws that is eligible to be
allocated by the State with land levy payment.
4. Households, individuals, people
of Vietnamese descent residing overseas, business organizations or
foreign-invested business organizations are allocated land that is received as
recompense when the State repossesses land according to regulations of this
Law.
5. The land allocation prescribed in
this Article shall comply with Articles 124, 125 and 126 of this Law.
Article 120.
Land lease
1. The State will lease out land
under one-off arrangement or with annual land rent payments for cases not
included in Article 118 and Article 119 of this Law.
2. The State will lease out land
under one-off arrangement in the following cases:
a) Land is used for carrying out
investment projects on agricultural production, forestry production,
aquaculture and salt production;
b) Land in industrial parks,
industrial clusters, high-tech parks, and worker accommodation in industrial
parks is used; land is used for both public and business purposes; commercial
land is used for tourism and office business activities;
c) Land is used to construct social
rented housing according to housing laws.
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a) Cases not prescribed in clause 2
of this Article;
b) The cases prescribed in clause 2
of this Article where a demand for annual land rent payments is issued;
c) The case where public service
providers select land rent payment methods in accordance with the regulations
in clause 3 Article 30 of this Law;
4. The land lease prescribed in
this Article shall comply with Articles 124, 125 and 126 of this Law.
Article 121.
Land repurposing
1. Cases of land repurposing
requiring permission of competent regulatory agencies include:
a) Rice cultivation land, dedicated
forest land, protective forest land or production forest land is converted into
land of another type included in the category of agricultural land;
b) Agricultural land is converted
into non-agricultural land;
c) Land of other types is converted
into land for intensive farming when carrying out large-scale intensive farming
projects;
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dd) Non-agricultural land not used
for the residential purpose is converted into homestead land;
e) Land for construction of public
works or land used for both public and business purposes is converted into land
used for non-agricultural business and production purposes;
g) Land used for non-agricultural
business and production purposes not used for the commercial purpose is
converted into commercial land.
2. When repurposing land according
to the regulations in clause 1 of this Article, the land user must fulfil
financial obligations according to regulations of law; land use regulations,
rights and obligations of land users applied according to the type of land
after being repurposed.
3. The land repurposing not falling
into the cases prescribed in clause 1 of this Article does not require
permission of a competent regulatory agency.
In case a land user holding
homestead land or non-agricultural land with a long-term stable land use term
in accordance with regulations of law that was repurposed wishes to reconvert
it to homestead land in accordance with land use planning, he/she is not
required to pay land levy.
4. The land repurposing prescribed
in this Article shall comply with Article 124 of this Law.
Article 122.
Requirements for land allocation, land lease, permission for land repurposing
1. Competent regulatory agencies
shall only issue decisions to allocate land, lease out land or permit
repurposing of rice cultivation land, dedicated forest land, protective forest
land or production forest land after Resolutions of the People's Councils of
first-level administrative divisions are promulgated and bases prescribed in
Article 116 of this Law are satisfied, except for the case where land is used
for carrying out projects subject to investment guideline decision or approval
by the National Assembly and Prime Minister according to regulations of the Law
on Investment, Law on Public Investment and Law on PPP Investment, Law on
Petroleum; or subject to investment guideline decision or approval by the
People's Councils of first-level administrative divisions according to
regulations of the Law on Public Investment and Law on PPP Investment.
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2. A person eligible to be
allocated land, leased out land or permitted to repurpose land by the State for
carrying out investment projects must satisfy the following requirements:
a) He/she must pay a deposit or
other securities according to investment laws;
b) He/she must have financial
capacity to ensure the land use according to the schedule of the investment
project and other requirements in accordance with relevant laws;
c) He/she must not violate land
laws. If violating land laws, he/she must have completely abided by the
effective decision or judgment of a competent authority at the time of applying
for land allocation, land lease or land repurposing. The scope of determination
of the land user violating land laws shall be all land parcels that he/she is
using nationwide.
3. In order to be permitted to
repurpose land for carrying out investment projects on construction of
commercial housing, the following requirements must be satisfied:
a) The requirements specified in
clause 2 of this Article;
b) Person eligible to be permitted
to repurpose land must have LURs of homestead land or homestead land and other
land;
c) The land repurposing must be in
accordance with the land use planning, land use plans, construction planning,
urban planning, programs or plans for development of local housing, and the
land must not be subject to land repossession for the national defense or
security purpose, land repossession for social-economic development in the
national or public interest prescribed in Article 78 and Article 79 of this
Law;
d) There is a written approval for
both the investment guidelines and investor of a competent authority according
to investment laws.
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1. The People’s Committees of
first-level administrative divisions shall issue decisions to allocate land,
lease out land or grant permission for land repurposing in the following cases:
a) Allocating land, leasing out
land or granting permission for land repurposing to Vietnamese organizations;
b) Allocating land or leasing out
land to religious organizations or affiliated religious organizations;
c) Allocating land or leasing out
land to persons of Vietnamese descent residing overseas or foreign-invested
business organizations;
d) Leasing out land to foreign
diplomatic organizations.
2. The People’s Committees of
second-level administrative divisions shall issue decisions to allocate land,
lease out land or grant permission for land repurposing in the following cases:
a) Allocating land, leasing out
land or granting permission for land repurposing to individuals. The People’s
Committees of second-level administrative divisions need to get written
approvals granted by the People’s Committees of first-level administrative
divisions before deciding to lease out land or grant permission to convert
agricultural land into commercial land with the area of 0.5 ha or more to
individuals;
b) Allocating land to populations.
3. The People’s Committees of
third-level administrative divisions shall lease out land belonging to
agricultural land banks for public uses of such divisions.
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5. Competent regulatory agencies
prescribed in clauses 1, 2 and 4 of this Article are not allowed to divide
their responsibilities or grant their authorization.
Article 124.
Cases of eligibility for land allocation or land lease without LUR auction or
bidding for investor selection
1. Cases where land is allocated
without land levy payment as prescribed in Article 118 of this Law, cases where
land is allocated with land levy payment as prescribed in Article 119 to land
users entitled to exemption from land levy or cases where land is leased out as
prescribed in Article 120 to land users entitled to exemption from land rent,
except if laws on specific sectors and fields require determining the number of
interested investors.
2. Cases where land is allocated or
leased out to carry out projects that are subject to land repossession by the
State as prescribed in Article 79 of this Law and belong to one of the
following cases:
a) Projects using public investment
capital carried out in accordance with public investment laws;
b) PPP projects carried out in
accordance with PPP investment laws.
3. Land is allocated with land levy
payment or leased out in the following cases:
a) Homestead land is allocated to
officials, public employees, active duty officers, professional soldiers,
defense officials, defense workers and employees, officers, non-commissioned
officers, public security workers, ciphering officers and other people working
in cipher organizations that receive salaries from the state budget but have not
been allocated homestead land or housing;
b) Homestead land is allocated to
teachers or health workers who are working in border communes and islands
belonging to areas with difficult socio-economic conditions, areas with
extremely difficult socio-economic conditions but do not have homestead land or
housing at their places of work or have not yet been granted housing support
policies in accordance with housing laws;
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d) Homestead land is allocated to
individuals who reside in commune-level towns belonging to areas with difficult
socio-economic conditions, areas with extremely difficult socio-economic
conditions but do not have homestead land and have not yet been allocated
homestead land by the State;
dd) Land is leased out for setting
up production and business premises to people who were leased land by the State
with annual land rent payments but had to relocate from the old location due to
environmental pollution according to regulations of law; land lease support is
provided for ensuring continuity of production and business in case
non-agricultural production establishment land is repossessed from current
users;
e) Land is leased out to
individuals who wish to use agricultural land area that exceeds the land
allocation limit prescribed in Article 176 of this Law; land is leased out to
individuals who are ethnic minorities in accordance with the regulations in
point d clause 2 and point b clause 3 Article 16 of this Law;
g) Land is leased out to public
service providers that select land rent payment methods;
h) Land is leased out to foreign
diplomatic organizations that use land to construct their offices;
i) Land is leased out to units
affiliated to the people's armed forces that use land for agricultural
production, forestry production, aquaculture, salt production or for both
agricultural production, forestry production, aquaculture, salt production and
national defense or security purpose;
k) Land is leased out for
mineral-related activities in cases where it has been licensed by a competent
regulatory agencies;
l) Land is allocated, leased out to
organizations, households, individuals, persons of Vietnamese descent residing
overseas due to land-related recompense according to regulations of this Law
and other relevant laws, due to resettlement support under regulations of this
Law;
m) Land is allocated or leased out
to any land user whose land used for production and business purposes is
repossessed according to Article 78 and 79 of this Law, provided that, at the
time of land repossession, the land use term is still valid and the land user
needs to use land in another location to continue production and business;
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o) Land is allocated or leased out
according to effective decisions to settle land disputes and land-related
complaints issued by competent authorities;
p) Other cases decided by the Prime
Minister.
4. Land is repurposed by land users
for the cases prescribed in Article 121 of this Law.
5. Land is allocated or leased out
to carry out a project that is subject to land repossession by the State as
prescribed in Article 79 of this Law without using the capital prescribed in
clause 2 of this Article in case there are interested investors but only one
investor satisfies conditions for requesting expression of interest in the
project, the number of investors must be interested investors must be
determined according to bidding laws and laws on specific sectors and fields.
6. A LUR auction fails twice due to
the case prescribed in point b clause 6 Article 125 of this Law or no
participants. The land allocation or lease in this case must be completed
within 12 months from the date of the second failed auction.
7. Land is allocated or leased out
to foreign-invested business organizations that receive real estate projects by
conveyance in accordance with real estate business laws.
8. The Government of Vietnam
elaborates the land allocation and land lease for the cases prescribed in this
Article.
Article 125.
Land allocation or land lease by LUR auctions
1. The State will allocate land
with land levy payment or lease land under one-off arrangement through LUR
auctions in the following cases:
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b) Homestead land is allocated to
individuals, except for the cases prescribed in Article 124 of this Law.
2. Conditions for conducting LUR
auctions include:
a) Land must have been repossessed
and the recompense, support or resettlement provision has been completed or the
recompense, support or resettlement provision is not required; there must be
connected transport infrastructure within the project areas;
a) Land must be included in the
approved district-level annual land use plans and be used for auctioning LURs,
except for LUR auction of the land prescribed in point e clause 1 Article 217
of this Law;
c) There must be detailed planning
at the scale of 1/500 that has been developed and approved by competent
regulatory agencies for investment projects on construction of housing;
d) There must be LUR auction
arrangements that have been approved by competent authorities.
3. Organizations participating in
LUR auctions in the cases prescribed in clause 1 of this Article must meet all
the following requirements:
a) Such organizations must be
eligible for land allocated or leased out by the State in accordance with
Article 119 and Article 120 of this Law;
b) Such organizations must meet the
conditions prescribed in Article 122 of this Law in case of land allocation or
lease for carrying out investment projects; they must have qualifications in
the project development;
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4. Individuals participating in LUR
auctions must meet the following requirements:
a) Such individuals must be
eligible for land allocated or leased out by the State in accordance with
Article 119 and Article 120 of this Law;
b) Requirements in accordance with
laws on property auctions.
5. The People’s Committees of
first-level administrative divisions and second-level administrative divisions
shall:
a) annually disclose plans and
lists of land zones whose LURs are auctioned on the National LUR Auction
Portal, web portals of the People's Committees of first-level administrative
divisions and second-level administrative divisions;
b) organize making and development
of arrangements for repossession, recompense, support and resettlement
according to regulations of this Law in order to auction LURs;
b) organize making and development
of arrangements for LUR auction;
d) direct on-site handover of land,
grant of certificates of title to LUR successful bidders.
6. Cases of failed LUR auction
include:
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b) The deadline for application for
an auction has expired but there was only 01 participant in the auction;
c) There were many applicants for
an auction but only 01 participant in the auction or there were many
participants in the auction but only 01 bidder or there were many bidders but
only 01 valid bidder.
7. Procedures for LUR auctions
shall comply with laws on property auctions.
8. The Government of Vietnam shall
elaborate this Article.
Article 126.
Allocating land or lease out land through bidding for investor selection
1. The State will allocate land
with land levy payment or lease land through bidding for investor selection in
the following cases:
a) The projects specified in clause
27 Article 79 of this Law for which the People's Councils of first-level
administrative divisions decide on land allocation or lease through bidding for
investor selection.
The People's Councils of
first-level administrative divisions shall provide for criteria for deciding on
bidding for investor selection in accordance with the actual situation of the
divisions;
b) Land-based investment projects that
fall into the case where the State repossesses land in Article 79 of this Law
and do not fall into the case prescribed in point a of this Clause but are
subject to bidding for investor selection in accordance with laws on specific
sectors and fields.
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3. Requirements for bidding for
investor selection specified in point a clause 1 of this Article include:
a) The land zone must be included
in the list of land zones having land-based investment projects put up for
bidding that are decided by the People's Councils of first-level administrative
divisions;
b) There must be detailed planning
or 1/2000-scale zoning planning that is approved by a competent authority;
c) Requirements in accordance with
laws on bidding.
4. Land-based investment projects
specified in point b clause 1 of this Article shall meet conditions for bidding
for investor selection prescribed in clause 3 of this Article and other
conditions in accordance with laws on specific sectors and fields.
5. Organizations participating in
bidding for investor selection must meet the following requirements:
a) Such organizations must be
eligible for land allocated or leased out by the State in accordance with
Article 119 and Article 120 of this Law;
b) Such organizations must meet the
requirements prescribed in Article 122 of this Law in case of land allocation
or lease for carrying out investment projects;
c) Requirements in accordance with
laws on bidding.
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7. The People’s Committees of
first-level administrative divisions shall:
a) disclose plans and lists of land
zones having land-based investment projects put up for bidding according to
regulations of this Law;
b) organize making of detailed
planning or 1/2000-scale zoning planning;
c) organize making and development
of recompense, support and resettlement arrangements, land repossession
arrangements according to regulations of this Law;
d) allocate land or lease out land
to the successful bidders (the selected investors) or business organizations
established by the successful bidders according to the Government's regulations
to carry out the projects in accordance with the commitments in the contracts
signed between the successful bidders and competent authorities and meet
requirements prescribed by investment laws, bidding laws and other relevant
laws; determine land prices to calculate land levy or land rent in order that
the investors fulfil their financial obligations to the State.
8. Within 36 months from the issue
date of a decision to recognize successful bid results or another term
according to the contract signed with a competent regulatory agency, the
People’s Committee of a division having authority must complete the recompense,
support or resettlement provision to allocate or lease out land.
Any organization eligible for land
allocation or lease prescribed in clause 6 and point d clause 7 of this Article
shall advance capital to provide recompense, support or resettlement at the
request of a competent regulatory agency on the basis of their approved recompense,
support and resettlement arrangement; within 6 months from the date of receipt
of the request of the competent regulatory agency, if the advanced capital is
not enough for providing recompense, support or resettlement, the competent
regulatory agency shall issue a decision to cancel the successful bid results.
9. Procedures for bidding for
investor selection shall comply with bidding laws.
10. The Government of Vietnam shall
elaborate this Article.
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1. The use of land for carrying out
a socio-economic development project via an agreement on receipt of LURs shall
be made in the following cases:
a) The project execution does not
require land repossession specified in Article 79 of this Law;
b) In case of using land to carry
out an investment project on construction of commercial housing, only agreement
on receipt of LURs of homestead land is allowed;
c) State budget is not used and
land has to be repossessed according to Article 79 of this Law but the investor
chooses to receive LUR instead of land repossession.
2. The land is transferred under an
agreement to carry out a socio-economic development project and has been
assigned, leased out by the State, or has the LURs recognized by the State. In
case part of the land area specified in Clause 1 of this Article is under
management of a state agency or state organization but cannot be split into an
independent project, such part of land shall be aggregated with the total land
area for project development, repossessed by the State to be allocated or
leased out to an investor for carrying out the project without LUR auction or
bidding for investor selection.
3. The following requirements must
be met in case of use of land for carrying out the socio-economic development
project via the agreement on receipt of LURs prescribed in clause 1 of this
Article:
a) The use must be in accordance
with the district-level land use planning that has been approved and disclosed;
b) The investor must meet the
requirements specified in Article 122 of this Law; in case of using land to
carry out an investment project on construction of commercial housing,
agreement on receipt of LURs of homestead land is allowed;
c) There must be a written approval
for the agreement on receipt of LURs to carry out the project from the People’s
Committee of a first-level administrative division.
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a) Any household or individual
using land that is not granted a certificate of LURs, certificate of home
ownership and homestead land use right, certificate of LUR, ownership of
housing and property affixed to land or certificate of title but is eligible
for a certificate of title may convey LURs, lease out, sublease LURs,
contribute LURs as capital to carry out a project;
b) In case an investor received
LURs to carry out a project but still not completed land-related procedures for
carrying the project at the end of the land use term of the land whose LURs
have been received, they can continue following procedures for carrying the
project without applying for extension.
5. In case of agreement on
receiving LURs to continue production and business without repurposing of land,
regulations of this Law shall be applied in terms of disposition of LURs.
6. If a person with LURs proposes
an investment project which is subject to any of the cases prescribed in
Article 79 of this Law but in accordance with land use planning and requests
land repurposing, and both his/her investment guidelines and investor are
approved by a competent regulatory agency in accordance with investment laws,
he/she can use land to carry out the investment project without land
repossession by the State according to regulations of this Law.
If a person with LURs of homestead
land or homestead land and other land proposes an investment project on
commercial housing which is in accordance with land use planning and requests
land repurposing, and both his/her investment guidelines and investor are
approved by a competent regulatory agency in accordance with investment laws,
he/she can use land to carry out the project.
7. The Government of Vietnam shall
elaborate this Article.
Chapter X
LAND REGISTRATION, ISSUANCE
OF CERTIFICATES OF TITLE
Section 1. Cadastral records
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1. Land parcels shall be delineated
on each cadastral record in a manner that ensures scientificity and consistency
of information in the record with the current status of land management and
use; the each record shall be collected according to third-level administrative
divisions or according to second-level administrative divisions without
third-level administrative divisions.
2. Cadastral records must be
revised and updated fully and promptly when land users follow land-related
administrative procedures or at the request of competent regulatory agencies,
ensuring full reflection of the land management and use situation in their
areas.
Article 129.
Cadastral records
1. A cadastral record includes documents
showing detailed information about each parcel of land, the person assigned to
manage the land, the land user, the owner of property affixed to the land and
the legal status of the land parcel and the property affixed to the land, and
fully reflecting the land management and use situation in an area.
2. A cadastral record shall be made
in digital format, including the following documents:
a) Cadastral map;
b) Land parcel registration form;
c) Cadastral register;
d) Copy of certificate of LURs,
certificate of home ownership and LURs of homestead land, certificate of home
ownership, certificate of ownership of construction works, certificate of LURs,
ownership of housing and other property affixed to land or certificate of title.
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a) managing land;
b) protecting rights and
determining obligations of land users, persons assigned to manage land, owners
of property affixed to land, relevant organizations/individuals according to
land laws;
c) determining land-related
revenues;
d) monitoring changes in the LUR
market;
dd) supporting land users in
accessing credit capital;
e) supporting departments and
authorities in directing, operating, building and supervising the planning and
infrastructure development;
g) providing information to
authorities competent to solve disputes concerning rights to use land and
property affixed to the land;
h) providing information to
organizations/individuals wishing to access land.
Article 130.
Responsibilities for making, revising, updating, managing and using cadastral
records
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2. Land authorities shall organize
making of cadastral records; regularly inspect, monitor revision and update of
cadastral records in their areas.
3. Land registration authorities
shall make, revise cadastral records and update changes into cadastral records.
For areas where land-related
databases have not yet been created, land registration authorities shall
provide copies of cadastral records to the People’s Committees of third-level
administrative divisions to use.
4. Commune-level cadastral
officials shall manage and use information from cadastral records for
requirements of state management of land in their areas and requirements of
citizens; update land-related changes under their jurisdiction and reflect
violations against regulations on land management and use in the cadastral
records.
5. The Minister of Natural
Resources and Environment shall regulate cadastral records, provide guidance on
the making, revision, updating and management of cadastral records, the use,
inspection and monitoring of cadastral records.
Section 2.
REGISTRATIONS of land and property
affixed to the land
Article 131.
Rules of registrations of land and property affixed to the land
1. Land registrations are
compulsory for land users and persons allocated land to manage.
2. Property affixed to land
including housing and constructions is registered at the request of the owner.
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4. Land users or owners of property
affixed to land or persons allocated land to manage who have declared
registrations shall be recorded in cadastral records and considered granting
certificates of title if they are eligible in accordance with this Law.
5. The Government shall elaborate
registrations of land and property affixed to land.
Article 132.
First registrations
1. A first registration of land or
property affixed to land is required for:
a) land parcel that is in use but
has not been registered yet;
b) land parcel that is allocated or
leased out by the State for use;
c) land parcel that is allocated to
manage but has not been registered yet;
d) property affixed to land whose
owner wishes to apply for registration at the same time with land registration
in the cases prescribed in points a, b and c of this Clause.
2. The People’s Committees of
first-level administrative divisions shall direct dissemination and organize
first registrations in cases where registrations have not yet been applied for.
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1. A registration of change(s) is
required in the case where a certificate of LURs, certificate of home ownership
and LURs of homestead land, certificate of home ownership, certificate of
ownership of construction works, certificate of LURs, ownership of housing and
other property affixed to land or certificate of title has been granted but
there is a change as follows:
a) The land user or owner of
property affixed to land exercises rights to exchange, convey, inherit or
donate rights to use land or property affixed to land; contribute rights to use
land or property affixed to land as capital; lease out, sublease rights to use
land in an infrastructure construction and business project; convey a
land-based project;
b) The land user or owner of
property affixed to land is permitted to rename;
c) Changes in information about the
land user or owner of property affixed to land on the granted certificate do
not fall under the cases prescribed in point b of this Clause;
d) Boundaries, landmarks, side
dimensions, area, number and address of the land parcel are changed;
dd) Land user applies for
registration of ownership of property affixed to the land parcel in case a
certificate of home ownership and LURs of homestead land, certificate of LURs,
ownership of housing and other property affixed to land or certificate of title
has been granted; applies for registration of change(s) of property affixed to
land in comparison with the registered contents;
e) Land user repurposes land as
prescribed in clause 1 Article 121 of this Law; in the case prescribed in
clause 3 Article 121 of this Law, the land user wishes to apply for
registration of change;
g) Land use term is changed;
h) Method of land allocation, land
lease, land levy payment or land rent payment is changed according to this Law;
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k) There is a change of LURs or
ownership of property affixed to land according to the successful mediation
result of a land dispute that is recognized by the competent People’s
Committee; the debt settlement clause in a mortgage agreement; a decision of a
regulatory agency competent to solve land disputes or land-related complaints or
denunciations; a Court’s judgment or decision, or a judgement enforcement
decision of a judgment enforcement agency that has been enforced; a decision or
ruling of an arbitral tribunal on resolving disputes between parties arising
from commercial activities relating to land; a written approval for the LUR
auction result in accordance with the law;
l) Rights over an adjacent parcel
are established, changed or abolished;
m) Limitations on rights of the
land user are changed;
n) There is a change of rights to
use land for construction of above-ground works serving the operation,
exploitation and use of underground works, rights to ownership of underground
works;
o) The land user or owner of
property affixed to land applies for renewal or reissuance of a certificate of
LURs, certificate of home ownership and LURs of homestead land, certificate of
home ownership, certificate of ownership of construction works, certificate of
LURs, ownership of housing and other property affixed to land or certificate of
title;
p) The land user or owner of
property affixed to land exercises rights to mortgage rights to use land or
property affixed to land;
q) The land user sells property or
conveys LURs of land that is a public property according to laws on management
and use of public property.
2. For registration of any of the
changes prescribed in clause 1 of this Article, a competent authority shall
certify the change on the granted certificate, or grant a new certificate of
title when the land user or owner of property affixed to land has a need. For
registration of the change specified in point p clause 1 of this Article, a
competent authority shall certify the change on the granted certificate.
3. For registration of any of the
changes specified in points a, b, i, k, l, m and q clause 1 of this Article,
within 30 days from the date of change, the land user must apply for a
registration of the change at a competent authority; in case of judgment
enforcement, the land-related change registration time limit shall be calculated
from the date of handover of property serving judgment enforcement or put up
for auction; In case of inheritance of LURs, the land-related change
registration time limit shall be calculated from the date of completion of
division of LURs as inheritance according to civil laws or from the effective
date of the court’s judgment or decision.
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Article 134.
Certificates of title
1. Certificates of title shall be
granted to holders of LURs, home ownership, ownership of construction works
affixed to land using the uniform form throughout the entire country.
2. The Minister of Natural
Resources and Environment shall issue regulations on certificates of title.
Article 135.
Rules of grant of Certificates of title
1. Only one certificate of title
shall be granted in respect of each land parcel. Certificates of title shall be
granted to holders of LURs, owners of property affixed to land who apply for
certificates and satisfy all conditions according to regulations of this Law.
In case a land user who is using multiple agricultural land parcels in the same
commune, ward or commune-level town applies for certification, only 01
certificate of title shall be granted in respect of all the land parcels.
2. If the LUR of a land parcel or
ownership of property affixed to land is held by multiple person, each holder
shall be granted 01 separate certificate of title; if required, 01 certificate
of title shall be granted to all the holders and given to the representative of
such holders.
3. No certificate of title shall be
granted before the land user or owner of property affixed to land complete
their financial obligations in accordance with regulations of law.
If the land user or owner of
property affixed to land is under no financial obligation or is owed or
exempted from financial obligations, a certificate of title shall be granted
after a competent authority certifies that their financial obligations are not
required or are exempted or owned; in case of leasing land with annual land
rent payments, a certificate of title shall be granted after a competent
authority issues a decision to lease out land and sign a land lease contract.
If the land user donates his/her
LURs to the State or a population to construct works serving the common
interests of the population or expand roads according to planning or donate
LURs to build gratitude houses, charity houses or great solidarity houses
affixed to land according to the law, the State shall provide funding for
measuring, adjusting and updating the cadastral record and issue a certificate
of title to the land user according to regulations of this Law; the land user
is not required to pay any cost in this case.
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In case LURs or ownership of
property affixed to land or both are common property of both husband and wife,
and only the husband or wife is named in the certificate of LURs, certificate
of home ownership and LURs of homestead land, certificate of home ownership,
certificate of ownership of construction works, certificate of LURs, ownership
of housing and other property affixed to land or the granted certificate of
title, a new/replaced certificate of title with the full names of both the
husband and wife can be granted if they apply for it.
5. A household holding LURs of a
land parcel shall be granted a certificate of title with names of all members
of the household. The certificate shall be given to the representative of the
household. A certificate of title with the name of the household’s representative
can be granted and given to the representative if the household’s members apply
for it.
The household’s members themselves
will decide names of members to be written on the certificate of title and
shall be responsible before the law.
6. In case there is a difference
between the actually measured area and the area recorded on any of the
documents specified in Article 137 of this Law or on the certificate of LURs or
certificate of home ownership and LURs of homestead land or certificate of
LURs, ownership of housing and other property affixed to land or the granted
certificate of title, and the boundaries of the used land parcel do not change
in comparison with those at the time of obtaining the document on LURs,
certificate of LURs, certificate of home ownership and LURs of homestead land,
certificate of LURs, ownership of housing and other property affixed to land or
the granted certificate of title, and no dispute is arisen with adjacent land
users, the actually measured data shall be applied to determine the land area
when granting or replacing the granted certificate of title.
In case there is a difference
in the boundary of the land parcel between the time of re-measurement and the
time of obtaining the document on LURs, certificate of LURs, certificate of
home ownership and LURs of homestead land, certificate of LURs, ownership of
housing and other property affixed to land or the granted certificate of title,
and the actually measured area is larger than the area recorded on the
aforementioned document or certificate, the increase in area may be considered
for grant of a certificate of title.
In case the location stated in the
certificate of LURs, certificate of home ownership and LURs of homestead land,
certificate of LURs, ownership of housing and other property affixed to land or
the granted certificate of title is inaccurate, a new/replaced certificate of
title shall be granted to the land user after a reviewing takes place.
7. The Government shall elaborate
the grant of certificates of title, the re-determination of homestead land area
and the correction, revocation and cancellation of granted certificates.
Article 136.
Authority to issue certificates of title
1. The authority to issue
certificates of title for the first time in cases where applicants apply for
certificates of title for the first time and cases prescribed in point b clause
7 Article 219 of this Law shall be provided for as follows:
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The People’s Committees of
first-level administrative divisions may authorize land authorities at the same
level to issue certificates of title in the cases prescribed in this clause;
b) The People’s Committees of
second-level administrative divisions shall issue certificates of title to land
users or owners of property affixed to land prescribed in clauses 3 and 4
Article 4 of this Law.
2. The authority to issue
certificates of title and confirm changes in cases of registration of changes
shall be provided for as follows:
a) Land registration authorities
shall issue certificates of title and confirm changes to land users or owners
of property affixed to land that are Vietnamese organizations, religious
organizations, affiliated religious organizations, foreign diplomatic
organizations, foreign-invested business organizations; issue certificates of
title to owners of property affixed to land that are foreign organizations or
individuals;
b) Land registration authorities or
their branches shall issue certificates of title or confirm changes to land
users or owners of property affixed to land that are individuals, populations
or persons of Vietnamese descent residing overseas;
c) Land registration authorities or
their branches may use their seals in the issuance of certificates of title or
the confirmation of changes.
Article 137.
Issuance of certificates of title for households, individuals, populations that
are using land and obtaining documents on LURs
1. Any household or individual that
is using land stably and obtaining any of the following documents made before
October 15, 1993 shall be issued a certificate of title and not be required to pay
land levy:
a) Documents on LURs issued by
competent authorities during the implementation of land policies of the State
of the Democratic Republic of Vietnam and the Provisional Revolutionary
Government of the Republic of South Vietnam and the State of the Socialist
Republic of Vietnam;
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c) Certificate of temporary LURs
issued by a competent regulatory agency or listed in agrarian registers or
cadastral registers;
d) Instrument of conveyance of
rights to use land or sell/purchase housing affixed to homestead land,
certified by the People’s Committees of third-level administrative divisions
that the land was used before October 15, 1993;
dd) Land parcel registration forms,
manuals of land surveying prepared before December 18, 1980 with the land
user's name thereon;
e) One of the instruments made
during the agrarian registration according to Directive No. 299/TTg dated
November 10, 1980 of the Prime Minister on measurement, classification and
registration of land throughout the country that is under management of
regulatory agencies with the name of the land user, including: Approval report
made by the land registration council of the third-level administrative
division certifying that the current land user is legal; Summary of legal land
use cases prepared by the People's Committee of the third-level administrative
division or the land registration council at the same level or a land authority
of the second-level/first-level administrative division; Application for
registration of LURs; Documents certifying the registration of LURs issued by
the People's Committee the third-level/second-level/first-level administrative
division to the land user;
g) Instrument of housing
declaration or registration certified by the People’s Committee of the
third-level/second-level/first-level administrative division with the area of
land with houses thereon written therein;
h) Instrument of a national defense
unit concerning the allocation of land to officers and soldiers for housing
construction according to Directive No. 282/CT-QP dated July 11, 1991 of the
Minister of National Defense in accordance with land use planning for housing
of officers and soldiers in the national defense land planning approved at the
time of land allocation;
i) Project or list or document on
immigration to build a new economic zone, immigration and resettlement approved
by the People's Committee of the second-level/first-level administrative
division or a competent authority with the land user’s name thereon;
k) Instrument concerning ownership
of housing, works; instrument concerning construction, repair of housing and
works certified or permitted by the People's Committee of the
second-level/first-level administrative division or an agency in charge of
state management of housing and construction;
l) Temporary land allocation
instrument of the People's Committee of second-level/first-level administrative
division; Application for land use approved by the People's Committee of the
third-level administrative division or agricultural cooperative before July 1,
1980 or by the People's Committee of second-level/first-level administrative
division;
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n) Other instruments concerning
LURs issued before October 15, 1993 by the People’s Committee of the
first-level administrative division in accordance with the actual local
conditions.
2. Any household or individual that
is using land and obtains an instrument of a state-run farm or state-run forest
concerning the allocation of land for housing construction or both housing
construction and agriculture and forestry production prepared before July 01,
2004 shall be issued a certificate of title and not be required to pay land
levy.
3. Any household or individual that
is using land stably and obtains any of the following instruments shall be
issued a certificate of title and not be required to pay land levy:
a) Legal instrument concerning
inheritance, donation of LURs or property affixed to land; instrument
concerning allocation of gratitude houses, charity houses or great solidarity
houses affixed to land;
b) Instrument concerning
liquidation or sale of housing affixed to homestead land; instrument concerning
purchase of state-owned housing according to the law.
4. Any household or individual that
is using land and obtains an instrument concerning the land allocation or land
lease by the State in accordance with laws from October 15, 1993 to the day
before the effective date of this Law but not yet been issued a certificate of
LURs or certificate of home ownership and LURs of homestead land or certificate
of LURs, ownership of housing and other property affixed to land or certificate
of title shall be issued a certificate of title and pay the land levy according
to the law in case the land levy has not been paid.
5. Any household or individual that
is using land which is not in dispute and obtains any of the instruments
prescribed in clauses 1, 2, 3 and 4 of this Article with name of another person
thereon, enclosed with an instrument concerning the disposition of LURs, but,
up to the day before the effective date of this Law, has not carried out
procedures for disposition of LURs according to the law shall be issued a
certificate of title and fulfil financial obligations according to the law.
6. Any household, individual or population
that is permitted to use land according to a court’s judgment or decision,
decision or ruling of an arbitral tribunal, judgment of a judgment enforcement
agency, decision to resolve land disputes, land-related complaints or
denunciations of a competent regulatory agency which has been enforced or
written document recognizing the successful mediation result shall be issued a
certificate of title and fulfil financial obligations according to the law.
7. If a household or individual
obtains a copy of any of the instruments prescribed in clauses 1, 2, 3, 4, 5
and 6 of this Article but loses the original of such instrument, the regulatory
agency no longer keeps the record showing the issuance of such instrument, and
the land is certified by the People’s Committee of the third-level
administrative division to which the land belongs to be used stably and to be
not in dispute, a certificate of title shall be issued to them; financial
obligations shall be fulfilled according to the law.
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9. Any population that is using
land with a communal house, temple, shrine, hermitage, family church or another
religious work thereon; land with a pagoda thereon which does not fall under
the regulations in clause 1 Article 213 of this Law; or agricultural land
prescribed in clause 4 agricultural land prescribed in clause 4
Article 178 of this Law which is not in dispute, and obtains document(s)
certifying that the land is generally used for the population issued by the
People’s Committee of the third-level administrative division to which the land
belongs shall be issued a certificate of title.
Article 138.
Issuance of certificates of title for households and individuals that are using
land and obtain no instrument concerning LURs but do not violate land laws and
do not fall under the case that land is allocated ultra vires
The issuance of a certificate of
title for a household or individual that is using land stably but obtains no
instrument concerning LURs specified in Article 137 of this Law and does not
fall under any of the cases specified in Article 139 and Article 140 of this
Law shall comply with the following regulations:
1. The household or individual that
used land before December 18, 1980 which has been certified as being not in
dispute in recent times by the People’s Committee of the third-level
administrative division to which the land belongs shall be issued a certificate
of title according to the following regulations:
a) For a land parcel with housing
or housing and works serving daily life thereon, if the parcel area is equal to
or larger than the limit on recognition of homestead land according to clause 5
Article 141 of this Law, the homestead land area to be recognized shall be
equal to the limit on recognition of homestead land and any land levy on such
land parcel is not required.
If the land area for construction
of housing or housing and works serving the daily life is larger than the limit
on recognition of homestead land prescribed in this point, the homestead land
area to be recognized shall be determined according to the actual area that has
been used for construction of housing or housing and works serving the daily
life; the land user shall pay a land levy on the land area that exceeds the
limit on land recognition specified in this point;
b) For a land parcel with housing
or housing and works serving daily life thereon, if the parcel area is smaller
than the limit on recognition of homestead land according to clause 5 Article
141 of this Law, the homestead land area to be recognized shall be determined
to be the total area of such land parcel and any land levy on such land parcel
is not required;
c) For a land parcel used for
non-agricultural production and business purpose or trading and service
purpose, the land area to be recognized as non-agricultural production
establishment land or commercial land shall be determined according to the
actual area of the land parcel that has been used for such purpose; land use
mode shall be recognized as "land allocation with land levy payment",
and land use duration shall be recognized as "long-term and stable”;
d) For the remaining land after
imposing the regulations in point a and point c of this clause, the recognition
of such land shall be given according to the current use of such land.
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In case the land is currently used
for an agricultural purpose, the land user shall be recognized to be allocated
such land by the State without land levy payment; if the land user wishes to be
recognized to have LURs of such land for a non-agricultural purpose which is
conformable with the district-level land use planning or general planning or
zoning planning or construction planning or rural planning, such recognition
will be granted if land levy is paid in accordance with laws;
2. Any household or individual that
used land from December 18, 1980 to the day before October 15, 1993 which has
been certified as being not in dispute in recent times by the People’s
Committee of the third-level administrative division to which the land belongs
shall be issued a certificate of title according to the following regulations:
a) For a land parcel with housing
or housing and works serving daily life thereon, if the parcel area is equal to
or larger than the limit on recognition of homestead land according to clause 5
Article 141 of this Law, the homestead land area to be recognized shall be
equal to the limit on recognition of homestead land and any land levy on such
land parcel is not required.
If the land area for construction
of housing or housing and works serving the daily life is larger than the limit
on recognition of homestead land prescribed in this point, the homestead land area
to be recognized shall be determined according to the actual area that has been
used for construction of housing or housing and works serving the daily life;
the land user shall pay a land levy on the land area that exceeds the limit on
land recognition specified in this point;
b) For a land parcel with housing
or housing and works serving daily life thereon, if the parcel area is smaller
than the limit on recognition of homestead land according to clause 5 Article
141 of this Law, the homestead land area to be recognized shall be determined
to be the total area of such land parcel and any land levy on such land parcel
is not required;
c) For a land parcel used for
non-agricultural production and business purpose or trading and service
purpose, the land area to be recognized as non-agricultural production
establishment land or commercial land shall be determined according to the
regulation in point c clause 1 of this Article;
d) For the remaining land after
imposing the regulations in point a and point c of this clause, the recognition
of such land shall be given according to the current use of such land.
If the land is currently used for a
non-agricultural purpose apart from residential purpose, the recognition shall
be given according to point c of this clause.
In case the land is currently used
for an agricultural purpose, the land user shall be recognized to be allocated
such land by the State without land levy payment; if the land user wishes to be
recognized to have LURs of such land for a non-agricultural purpose which is
conformable with the district-level land use planning or general planning or
zoning planning or construction planning or rural planning, such recognition
will be granted if land levy is paid in accordance with laws;
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a) For a land parcel with housing
or housing and works serving daily life thereon, if the parcel area is equal to
or larger than the limit on allocation of homestead land specified in clause 2
Article 195 or clause 2 Article 196 of this Law, the homestead land area to be
recognized shall be equal to the limit on allocation of homestead land; in case
the land area for construction of housing or housing and works serving the
daily life is larger than the limit on allocation of homestead land, the
homestead land area to be recognized shall be determined according to the
actual area that has been used for construction of such housing or housing and
works serving the daily life;
b) For a land parcel with housing
or housing and works serving daily life thereon, if the parcel area is smaller
than the limit on allocation of homestead land specified in clause 2 Article
195 or clause 2 Article 196 of this Law, the entire land parcel shall be
recognized as the homestead land;
c) For a land parcel used for
non-agricultural production and business purpose or trading and service
purpose, the land area to be recognized as non-agricultural production
establishment land or commercial land shall be determined according to the
regulation in point c clause 1 of this Article;
d) For the remaining land after
imposing the regulations in point a and point c of this clause, the recognition
of such land shall be given according to the current use of such land.
If the land is currently used for a
non-agricultural purpose apart from residential purpose, the recognition shall
be given according to point c of this clause.
In case the land is currently used
for an agricultural purpose, the land user shall be recognized to be allocated
such land by the State without land levy payment; if the land user wishes to be
recognized to have LURs of such land for a non-agricultural purpose which is
conformable with the district-level land use planning or general planning or
zoning planning or construction planning or rural planning, such recognition
will be granted if land levy is paid in accordance with laws;
dd) The land user that is issued a
certificate of title prescribed in this clause shall fulfill their financial
obligations according to the law;
4. In case a land parcel is used by
multiple households or individuals, the homestead land limit specified in
clauses 1, 2 and 3 of this Article shall be equal to the total homestead land
limit of such households or individuals.
If a household or individual uses
multiple land parcels with housing or housing and works serving life thereon
which are certified to be used stably from before October 15, 1993 by the
People’s Committee of the third-level administrative division to which the land
belongs, the homestead land limit for each land parcel shall be determined
according to the regulations in clauses 1, 2 and 3 of this Article.
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6. Any household or individual that
is using land stably for a purpose falling into the category of agricultural
land which has been certified as being not in dispute in recent times shall be
issued a certificate of title as if the land is allocated by the State without
land levy payment, provided the land area in use does not exceed the limit on
allocation of agricultural land to individuals specified in Article 176 of this
Law; the land use term begins on the issuance date of the certificate of title;
the remaining agricultural land area (if any) shall be leased out by the State;
7. The imposition of regulations on
homestead land limit of a local authority to determine the homestead land area
in any of the cases specified in clauses 1, 2, 3, 4 and 5 of this Article shall
comply with laws at the time when the land user submits his/her application for
a certificate of title;
8. Any household or individual that
is using land in any of the cases specified in clauses 1, 2, 3, 4, 5 and 6 of
this Article and is not eligible for a certificate of title will be permitted
to temporarily hold the land for the current use until the State repossesses
land if the land registration is declared as prescribed;
9. The State shall issue a
certificate of title if a land registration is completed and conditions
specified in this Article are met;
10. The Government of Vietnam shall
elaborate this Article.
Article 139.
Resolution in case households or individuals using land violate land laws
before July 01, 2014
1. In case a land user uses land
trespassed or appropriated from a safety corridor of a public work after the
State has announced and marked the safety corridor or trespassed or
appropriated from roadbeds, sidewalks or sidewalks after the State has
announced a construction boundary or trespassed or appropriated for
construction of the headquarters, a public work or another public work, the
State shall repossess the trespassed or appropriated land and not issue any
certificate of title to such land.
In case where the adjusted land use
planning or construction planning has been approved by a competent authority
but the trespassed or appropriated land area is no longer part of the safety
corridor of the public work; is not within the construction boundary; is not used
for construction of the headquarters, the public work or the other public work,
the current land user may consider issuing a certificate of title, provided
financial obligations are fulfilled according to the laws.
2. If the trespassed or
appropriated land is agriculture land or forestry land which was allocated by
the State without land levy payment, it shall be handled as follows:
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b) If the trespassed or
appropriated land is under land use planning for construction of a public
infrastructure work, the People’s Committee of the first-level administrative
division shall direct repossession of the trespassed or appropriated land to
assign it to the investor when constructing that work.
The land user is permitted to
temporarily use the land until the State repossesses the land, provided that
he/she maintains the current use of the land and declares land registration
according to regulations;
c) If the trespassed or
appropriated land is currently used as agricultural land or was used for
construction of housing from before July 01, 2014, and is not under forestry
planning of a dedicated forest or protective forest, or land use planning for
construction of a public infrastructure work, the current land user is
considered for a certificate of title, provided the financial obligations are
fulfilled.
3. In case a household or
individual is using trespassed or appropriated land that is not falling under
any of the cases specified in clause 1 and clause 2 of this Article and is not
used for the intended purpose for which the State allocated or leased out the
land or recognized LURs, it shall be handled as follows:
a) If the land user is using land
stably in accordance with the district-level land use planning or general
planning or zoning planning or construction planning or rural planning, he/she
may be considered for a certificate of title, provided that the financial
obligations are fulfilled in accordance with laws;
b) In the case not falling under
point a of this clause, the current land user is permitted to temporarily use the
land until the State repossesses the land, provided that the current use of
land is maintained and land registration is declared.
4. Any household or individual that
is using self-reclaimed agricultural land which is not in any dispute will be
issued a certificate of title according to the agricultural land allocation
limit prescribed by the People’s Committee of the first-level administrative
division; if the land area in use exceeds the limit, the land surplus shall be
leased out by the State.
5. If any household or individual
was using land that is held due to violations against land laws specified in
clause 1 and clause 2 of this Article as from July 01, 2014 onwards, the State
shall not issue any certificate of title and the handling shall comply with
laws.
6. The Government of Vietnam shall
elaborate this Article.
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In case of using land allocated
ultra vires to a household or individual according to land laws at the time
when the land is allocated or using land acquired due to purchase, receipt
through liquidation, sale, distribution of housing or constructions affixed to
the land that does not comply with laws, the issuance of a certificate of title
shall be prescribed as follows:
1. If the land had been used stably
before October 15, 1993 and has been certified as being not in dispute in
recent times by the People’s Committee of the third-level administrative
division to which the land belongs, the current land user shall be issued a
certificate of title with respect to the land area that was allocated according
to clause 2 and clause 6 Article 138 of this Law;
2. If the land had been used stably
from October 15, 1993 to the day before July 01, 2004 and has been certified as
being not in dispute in recent times by the People’s Committee of the
third-level administrative division to which the land belongs, in accordance
with the district-level land use planning or general planning or zoning
planning or construction planning or rural planning, a certificate of title
shall be issued according to clause 3 and clause 6 Article 138 of this Law;
3. If the land had been used stably
from July 01, 2004 to the day before July 01, 2014 and has been certified as
being not in dispute in recent times by the People’s Committee of the
third-level administrative division to which the land belongs, in accordance
with the district-level land use planning or general planning or zoning
planning or construction planning or rural planning, a certificate of title
shall be issued as follows:
a) For a land parcel with housing
or housing and works serving daily life thereon, if the parcel area is equal to
or larger than the limits on allocation of homestead land specified in clause 2
Article 195 or clause 2 Article 196 of this Law, the homestead land area for
which the certificate of title is issued shall be equal to the limits on
allocation of homestead land;
b) For a land parcel with housing
or housing and works serving daily life thereon, if the parcel area is smaller
than the limit on allocation of homestead land specified in clause 2 Article
195 or clause 2 Article 196 of this Law, the entire land parcel shall be
determined as the homestead land;
c) For the remaining land area (if
any) after deducting the homestead land area determined according to point a of
this clause, the recognition shall be granted according to the current use of
such land;
4. In case the land has been being
allocated from July 01, 2014 to the day before the effective date of this Law
and has been certified as being not in dispute in recent times by the People’s
Committee of the third-level administrative division to which the land belongs,
in accordance with the land use planning, and the land user obtains document(s)
proving the completion of land levy payment, the land limit at which the
certificate of title is issued shall be determined according to clause 3
Article 138 of this Law;
5. The State shall not issue any
certificate of title for the land that has been being allocated or leased out
ultra vires from July 01, 2014 onwards, except for the case specified in clause
4 of this Article;
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7. The Government of Vietnam shall
elaborate this Article.
Article 141.
Determination of homestead land area upon recognition of LURs
In case a household or individual
that is using land obtains one of the instruments concerning LURs specified in
clauses 1, 2, 3, 4, 5, 6 and 7 of Article 137 of this Law which shows the
purpose of use of the land (housing or homestead land), the homestead land area
shall be determined as follows when issuing a certificate of title:
1. If the land parcel was formed
before December 18, 1980, the land user is not required to pay land levy on the
land area that is determined as follows:
a) If the land parcel area is equal
to or larger than the limit on recognition of homestead land and the instrument
concerning LURs specifies the homestead land area, the homestead land area
shall be determined according to such instrument; If the homestead land area
showed on the instrument is smaller than the limit or is not specified, the
homestead land area shall be equal to the limit on recognition of homestead
land;
b) If the land parcel area is
smaller than the limit on recognition of homestead land, the entire area shall
be determined as homestead land;
2. If the land parcel was formed
from December 18, 1980 to the day before October 15, 1993, the land user is not
required to pay land levy on the land area that is determined as follows:
a) If the land parcel area is equal
to or larger than the limit on recognition of homestead land and the instrument
concerning LURs specifies the homestead land area, the homestead land area
shall be determined according to such instrument; If the homestead land area
showed on the instrument is smaller than the limit or is not specified, the
homestead land area shall be equal to the limit on recognition of homestead
land;
b) If the land parcel area is
smaller than the limit on recognition of homestead land, the entire area shall
be determined as homestead land;
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4. For the remaining land of the
land parcel after deducting the homestead land area determined according to the
regulations in point a clause 1, point a clause 2 and clause 3 of this Article,
the following regulations shall be applied:
a) If housing or housing and works
serving daily life have been constructed on the land, the land shall be
determined as the homestead land, provided that the land levy is paid according
to the law.
b) If the work used for
non-agricultural production and business purpose or trading and service purpose
has been constructed on the land, the land area to be recognized as
non-agricultural production establishment land or commercial land shall be
determined according to the actual area of the land with the work thereon; land
use mode shall be recognized as "land allocation with land levy
payment", and land use duration shall be recognized as "long-term and
stable”;
c) The land which is currently used
for an agricultural purpose shall be recognized as agricultural land; if the
land user wishes to be recognized to have LURs of such land for a
non-agricultural purpose which is conformable with the district-level land use
planning or general planning or zoning planning or construction planning or
rural planning, such recognition will be granted, provided land levy is paid in
accordance with laws;
5. The People’s Committee of the
first-level administrative division shall, based on the local conditions and
practices, stipulate the limits on recognition of homestead land specified in
clause 1 and clause 2 of this Article in respect of the land that was used
before December 18, 1980 and from December 18, 1980 to the day before October
15, 1993;
6. For the homestead land parcel of
the household or individual with a garden or pond thereon for which a
certificate of title has been issued before July 01, 2004, if the land user
wishes or the State repossesses the land, the homestead land area shall be
re-determined as follows:
a) The homestead land area shall be
re-determined according to clause 1 and clause 2 of this Article, if there was
one of the instruments specified in clauses 1, 2, 3, 5, 6 and 7, Article 137 of
this Law at the issuance date of the certificate of title; the land user is not
required to pay land levy in respect of the land area that is re-determined as
homestead land.
In case the land user disposed LURs
of part of the homestead land of the land parcel or the State repossessed part
of the homestead land of the land parcel, the part of homestead land whose LURs
was disposed or the repossessed part must be deducted from the area of
homestead land that is re-determined;
b) The land area that was received
through disposition of LURs according to the law or the land area that was
repossessed by the State shall not be re-determined according to point a of
this clause;
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Article 142.
Issuance of certificates of title for organizations that are using land
1. Any organization that is using
land but is not granted a certificate of LURs or Certificate of home ownership
and LURs of homestead land or Certificate of LURs and ownership of housing and
property affixed to land or Certificate of title shall declare the current use
of land by themselves and submit a report to the People’s Committee of the
first-level administrative division to which the land belongs.
2. On the basis of the report on
the current use of land of the organization, the People’s Committee of the
first-level administrative division to which the land belongs shall conduct a
site inspection and handle according to the following regulations:
a) For the land area of the
organization obtaining any of the instruments specified in Article 137 of this
Law that is being used for the intended purpose, the competent regulatory
agency shall determine the land use mode in accordance with laws and issue a
certificate of title; in case of using land without any of the instruments
specified in Article 137 of this Law, the land use modes specified in Articles
118, 119 and 120 of this Law shall be applied.
If the organization is using land
leased out by the State in any of the case specified in Article 120 of this
Law, the province-level land authority shall have the land lease contract
signed before issuing a certificate of title;
b) The land use term for which the
certificate of title specified in point a of this clause is issued shall be
determined according to the instrument concerning LURs if such instrument is
included in Article 137 of this Law; if the instrument does not state any land
use term or state a land use term which is not conformable to land laws at the
time of obtaining such instrument, the land use term shall be determined
according to Article 172 of this Law and begin on October 15, 1993, provided
the land was used before October 15, 1993, or begin at the issuance date of the
decision to allocate land or lease out land, provided the land was used before
October 15, 1993 onwards;
c) For land area used for
unintended purpose, trespassed or appropriated land area; land area leased or
borrowed by another organization/household/individual; land area under illegal
association; or land area that was left unused for over 12 months or is used
more than 24 months behind schedule, the People’s Committee of the first-level
administrative division shall issue a decision to repossess such land area
according to the law;
d) The land area of an organization
that was allocated to a household/individual that is an official or employee of
the organization to build houses before the effective date of this Law shall be
handed over to the People’s Committee of the second-level administrative
division to which the land belongs which will issue a certificate of title to a
homestead land user, provided the homestead land user fulfils the financial
obligations as prescribed by laws.
In case a state-owned enterprise
involved in agricultural production, forestry production, aquaculture or salt
production allows part of the land allocated by the State to be used as
homestead land by a household or individual before July 01, 2004, it is
mandatory to submit arrangements for conversion of the homestead land into
residential area to the People’s Committee of the first-level administrative
division to which the land belongs for approval before the land is handed over
to the local authority for management;
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3. In case an organization receives
a real estate project by conveyance according to laws on real estate business,
and both the conveyor and conveyee have fulfilled their financial obligations
according to the law, a certificate of title may be issued after consideration
according to the Government's regulations.
Article 143.
Issuance of certificates of title to land for construction of urban areas,
rural residential areas, production and business projects with various purposes
of use
1. If land area allocated to the
investor for carrying out a project to build an urban area or rural residential
area with many construction items or many lands with different purposes of use
according to Article 9 of this Law, it is necessary to clearly determine the
land location and area according to each purpose of use and issue a Certificate
of title according to the following regulations:
a) A certificate of title shall be
solely issued to a land parcel used for a purpose in conformity with the
detailed construction planning that has been approved by a competent authority;
b) For the land used for
construction of public works serving the common interest of the communities
inside and outside the urban area or the rural residential area according to
the investment project and detailed construction planning that has been
approved by the competent authority, it will be handed over to the local
authority for management without issuing any certificate of title;
c) For an apartment combined with
an office or trading and service establishment, if the investor applies for and
is eligible for a certificate of title to one or many apartments, offices,
trading and service establishments owned by the investor.
2. If land area allocated to the
investor for carrying out a production and business project includes many lands
with different purposes of use, a certificate of title shall be issued to the
investor for the entire land area, in which the land location and area must be
clearly determined according to each purpose of use as prescribed in Article 9
of this Law. In case the investor applies for a certificate of title, the
certificate of title shall be issued for each land parcel according to each
purpose of use in conformity with the approved detailed construction planning.
Article 144.
Issuance of certificates of title to land with historical-cultural monuments,
famous landscape, sights
A certificate of title to land with
a historical-cultural monument or famous landscape, sight that has been ranked
or included in the inventory list of relics by the People’s Committee of a
first-level administrative division according to laws on cultural heritage shall
be issued in the following cases:
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2. Where there are various land
users or types of land, the certificate of title shall be issued to each land
user, provided the land user comply with laws on protection of
historical-cultural monuments and famous landscape, sights.
Article 145.
Issuance of certificates of title for religious organizations or affiliated
religious organizations that are using land
1. Any religious organization or
affiliated religious organization that was permitted to operate by the State,
is using land for a religious activity but has not yet been issued any
certificate of LURs or Certificate of home ownership and LURs of homestead land
or Certificate of LURs and ownership of housing and property affixed to land or
Certificate of title shall review and declare the use of land by themselves and
submit a report to the People’s Committee of a first-level administrative
division according to the following contents:
a) Total land area in use;
b) The land area that was allocated
by a competent regulatory agency; received by conveyance; received by donation;
borrowed from an organization, household or individual; formed by the
organization themselves; or held by another mode;
c) Land area that was being used by
an organization, household or individual under a borrowing, temporary stay or
lease agreement;
d) Land area that was trespassed or
appropriated by another person.
2. The People’s Committee of the
first-level administrative division to which the land belongs shall conduct a
site inspection, determine specific boundaries of the land parcel and issue a
decision on handling according to the following regulations:
a) As for the land area that an
organization, household or individual used stably before October 15, 1993, the
decision shall be based on land use demands of the religious organization or
the affiliated religious organization and such organization, household or
individual in order to ensure land use rights and interests of the parties in
accordance with the current practice;
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c) As for the land area of the
religious organization or affiliated religious organization that is expanded
without permission from a competent regulatory agency; land area of the
religious organization or affiliated religious organization that is trespassed
or appropriated; land area of the religious organization or affiliated
religious organization that is in dispute, the People’s Committee of the
first-level administrative division shall handle according to the law.
3. After the land area of the
religious organization or affiliated religious organization has been handled
according to clause 2 of this Article and the following conditions are fully
satisfied, the certificate of title shall be issued with long-term and stable
use and without land levy payment according to clause 2 Article 213 of this
Law:
a) The religious organization or
the affiliated religious organization must be permitted to operate by the
State;
b) The land must not be in dispute
or has been solved beyond dispute by a competent regulatory agency, under a
judgement or decision of a Court, a decision or ruling of an arbitrator that
has taken legal effect;
c) The land of the religious
organization or the affiliated religious organization must not be the land
received from July 01, 2004 onwards by conveyance or donation.
4. In case the land is currently
used for the agriculture production, forestry production or non-agricultural
production and business purpose by the religious organization or the affiliated
religious organization and the conditions specified in clause 3 of this Article
are fully satisfied, the certificate of title shall be issued according to the
land use mode and term corresponding to that purpose as for households or
individuals.
Article 146.
Issuance of certificates of title in case land parcel area is smaller than the
minimum area
1. A land parcel in use formed
before the effective date of the document specifying the minimum parcel area to
be created by subdivision of the People’s Committee of a first-level
administrative division and the land parcel area is smaller than the prescribed
minimum parcel area, the current land user shall be issued a certificate of
title, provided all requirements for eligibility for the certificate are
satisfied.
2. The certificate of title shall
not be issued if the land user themselves splits or subdivides the land parcel
that has been registered or issued the certificate of LURs or certificate of
home ownership and LURs of homestead land or certificate of LURs, ownership of
housing and other property affixed to land or certificate of title into 02 or
more pieces in which at least one piece is smaller than the minimum parcel area
to be created by subdivision according to Article 220 of this Law.
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Article 147.
Issuance of certificates of title in case a land parcel belongs to many
third-level administrative divisions
1. If a land parcel belongs to many
communes, wards or commune-level towns, but only one authority is competent to
issue certificate of title for the land parcel, the land user shall be issued a
certificate of title on which the area of each piece of the land parcel
belonging to each third-level administrative division must be determined.
2. If a land parcel belongs to many
communes, wards or commune-level towns, and various authorities are competent
to issue certificate of title for the land parcel, a certificate of title shall
be issued for a land piece belonging to a competent authority.
Article 148.
Issuance of certificates of title in case property is housing
1. A household or individual who
owns a house shall be issued a Certificate of title if they obtain one of the
following instruments:
a) Housing construction permit or limited-term
housing construction permit in cases where a construction permit must be
applied for according to construction laws;
b) State-owned housing purchase and
sale contract according to Decree No. 61-CP dated July 5, 1994 of the
Government on housing purchase, sale and business or documents on liquidation
and sales of State-owned housing from before July 5, 1994;
c) Documents on allocating or
donating gratitude houses, charity houses, or great solidarity houses;
d) Documents on ownership of the
house issued by competent authorities over time when that real estate is not
subject to recognition of ownership by the people according to Resolution No.
23/2003/QH11 dated November 26, 2003 of the National Assembly on real estate
managed and arranged for use by the State during the implementation of real
estate management policies and socialist reform policies before July 1, 1991,
Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing
Committee of National Assembly regulating the resolution of a number of
specific cases related to real estate during the implementation of real estate
management policies and socialist reform policies before July 1, 1991;
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If the house is purchased, received
by donation, exchange or inheritance from July 01, 2006 onwards, it is required
to have a written document on the transaction according to housing laws.
If the house is purchased from a
real estate business which made investment and construction for sale, it is
required to have a housing purchase and sale contract signed by the both
parties;
e) Judgment or decision of a Court
or documents of a competent regulatory agency that has come into force and
determines ownership of the house;
g) One of the instruments specified
in points a, b, c, d, dd and e of this clause which shows another person's name
and no dispute over the house.
2. A household or individual that
held a house before July 01, 2006 without any of the instruments specified in
clause 1 of this Article and is not embroiled in any dispute over the house
shall be issued a certificate of title.
3. In case household or individual
that holds a house is not fall under clause 1 and clause 2 of this Article,
they shall be issued a certificate of title if a construction permit is not
required; or they must have a written document from a district-level
construction authority certifying that requirements for the existence of the
house are satisfied if the construction permit is required according to
construction laws.
4. A Vietnamese organization,
foreign-invested business organization or person of Vietnamese descent residing
overseas that invests and constructs a house for commercial purposes shall be
issued a certificate of title, provided that they have appropriate instruments
under housing laws.
If the house is purchased, or
received by donation or inheritance or owned by another mode, it is required to
have an instrument concerning the transaction according to the law.
5. If the owner of a house does not
have LURs of the homestead land parcel, the certificate of title shall be
issued as follows:
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b) For owners of houses under
housing laws that do not fall under point a of this clause, there must be
documents proving the house ownership according to this Article and land lease
contracts or capital contribution contracts or business cooperation contracts
or written consents of the land users for housing construction that have been
notarized or certified according to the law;
6. If a work is used for various
purposes according to the law and is constructed on homestead land, the
certificate of title shall be issued to each construction item or the entire
work; the land use duration is stable and long-term.
Article 149.
Issuance of certificates of title for construction works other than houses
1. A household, individual or
population who owns a construction work shall be issued a Certificate of title
if they obtain one of the following instruments:
a) Work construction permit or
limited-term work construction permit in cases where a construction permit must
be applied for according to construction laws;
b) Documents on the ownership of
the construction work issued by competent authorities over time, except in
cases where the State has managed and arranged for use;
c) Documents on sale, purchase,
donation or inheritance of the construction work according to the law;
d) Judgment or decision of a Court
or documents of a competent regulatory agency that has come into force and
determines ownership of the construction work;
dd) One of the instruments
specified in points a, b, c and d of this clause which shows another person's
name and no dispute over the construction work.
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3. In case a household, individual
or population that holds a construction work is not fall under clause 1 and
clause 2 of this Article, they shall be issued a certificate of title if a
construction permit is not required; or they must have a written document from
a district-level construction authority certifying that requirements for the
existence of the construction work are satisfied if the construction permit is
required according to construction laws.
4. A Vietnamese organization,
foreign-invested business organization, foreign diplomatic organization,
religious organization, affiliated religious organization or person of
Vietnamese descent residing overseas that build a construction work shall be
issued a certificate of title, provided that they have appropriate instruments
under construction laws.
If the construction work is
purchased, or received by donation or inheritance or owned by another mode, it
is required to have an instrument concerning the transaction according to the
law.
5. If the owner of a construction
work does not have LURs of the land parcel, a certificate of title shall be
issued, provided that they obtain documents proving ownership of the
construction work according to this Article and a land lease contract or
capital contribution contract or business cooperation contract or written
consent of the land user for work construction that has been notarized or
certified according to the law.
6. If a project includes many
construction items, a certificate of title shall be issued to a construction
item or a part of the area of such construction item.
Article 150.
Issuance of certificates of title in case the State has issued a decision to
manage land and property affixed to land but it has not been executed
If a decision to manage land or
property affixed to land that is currently used by a household or individual
has been issued by a regulatory agency during the implementation of the State’s
policies but is not executed by the State in reality, the current user of the
land or property affixed to land may continue using it and is considered to be
issued a certificate of title.
Article 151.
Cases where Certificates of title are not issued
1. Land users shall not be issued a
certificate of title in the following cases:
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b) Land allocated for management
falls under Article 7 of this Law, except in cases where land is allocated for
both use and management, the certificate of title shall be issued for the land
used under the decision to allocate or lease out land of a competent regulatory
agency;
c) Land is leased or subleased from
the land user, except when the land is leased or subleased from the investor
who constructed infrastructure for commercial purposes, in accordance with the
investment project approved by a competent authority;
d) Land is allocated for contract
execution, except if the LURs are recognized as specified in point a clause 2
Article 181 of this Law;
dd) Land is subject to repossession
under a decision to repossess the land which has been issued by a competent
regulatory agency, except when the decision has been issued for over 3 years
but has not been executed yet;
e) Land is in a dispute, is being
distrained, or is subject to other coercive measures in order to ensure the
judgment enforcement under the law on civil judgment enforcement; LURs are
subject to temporary emergency measures according to the law;
g) Organization is allocated land by
the State without land levy payment to use for a public purpose, not a business
purpose.
2. The certificate of title
is not issued for property affixed to land in the following cases:
a) Property affixed to land of the
land parcel that falls under clause 1 of this Article or is not qualified for a
certificate of title;
b) House or construction work that
is temporarily built during the construction of the main work or temporarily
built with materials such as thatch, bamboo, leaves, or soil; auxiliary work
that is outside the scope of the main work and serves the management, use and
operation of the main work;
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d) House, construction work that is
constructed after the announcement of construction ban; trespassed or
appropriated from boundary markers of technical infrastructure works and
historical-cultural monuments that have been ranked; property affixed to land
that has been created after the time when the planning has been approved by a
competent authority but is not conformable to the planning that was approved at
the issuance date of the certificate of title, except if the owner of the house
or construction work that is not a house as specified in Article 148 and
Article 149 of this Law has a limited-term construction permit in accordance
with construction laws;
dd) Property that is under the
ownership of the State, except if the property has been determined as capital
contributed by the State to an enterprise under the instruction of the Ministry
of Finance;
e) Property affixed to land that
does not fall under Article 148 and Article 149 of this Law.
Article 152.
Correction, revocation and cancellation of certificates that have been issued
1. The agency having authority to
issue certificate of title specified in Article 136 hereof shall correct errors
in the issued certificate in the following cases:
a) False information on the
certificate holder in comparison with the information at the time of
correction;
b) False information on the land
parcel, property affixed to land compared to the information in the declaration
dossier on registration of land or property affixed to land that has been
checked and confirmed by a land registration authority or shown in an effective
document of a regulatory agency having authority to settle land disputes.
2. The State shall revoke the
issued certificate in the following cases:
a) The State repossesses the entire
land area specified in the certificate of LUR, certificate of home ownership
and LURs of homestead land, certificate of home ownership, certificate of
ownership of construction works, certificate of LURs, ownership of housing and
other property affixed to land or certificate of title that has been issued;
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c) The land user or owner of
property affixed to land applies for registration of land-related changes or
changes to the property affixed to land but it is required to issue a new
certificate of title;
d) The certificate has been issued
ultra vires, to the ineligible land user, for the wrong land area, for
unqualified land, for the land that is used for unintended purposes or used for
the inaccurate land use term, or with the incorrect origin of land use in
accordance with land laws at the time of issuing the certificate;
dd) The issued certificate is
cancelled by a competent Court;
e) The rights to use land or
property affixed to land are auctioned or transferred according to the request
of a Court or a judgment enforcement agency but the judgment debtor does not
submit the issued certificate.
3. The revocation of the issued
certificate prescribed in point d clause 2 of this Article and not falling
under clause 4 of this Article shall be prescribed as follows:
a) In case a Court having authority
to settle land disputes has an effective judgment or decision, including a
conclusion on the revocation of the issued certificate, the revocation of the
issued certificate shall be implemented according to that judgment or decision;
b) In case an inspection agency has
a written conclusion that the certificate was issued in contravention of land
laws, the competent regulatory agency shall consider deciding revocation of the
issued certificate if such conclusion is correct; If the issued certificate is
determined to be in accordance with the law, the inspection agency must be
notified;
c) If the authority competent to
issue certificates of title specified in Article 136 of this Law discovers that
the certificate was issued in contravention of land laws, it must organize
re-inspection, notify the land user of the reason for revocation and issue a
decision to revoke the issued certificate;
d) If the land user or owner of
property affixed to land discovers that the certificate was issued in
contravention of land laws, he/she shall send a written petition to an agency having
authority to issue certificates of title. The agency having authority to issue
certificates of title shall inspect and consider for issuing a decision to
revoke the certificate that was issued in contravention to land laws;
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4. The agency having authority to
issue the certificate of title specified in Article 136 of this Law shall not
revoke the issued certificate in the cases specified in point d clause 2 of
this Article, provided that the certificate holder has disposed the LURs or
ownership of property affixed to land in accordance with land laws. Damage
caused by the issuance of the certificate in this clause shall be handled
according to the judgment or decision of the Court. Violators shall be
handled according to Article 239 and Article 240 of this Law and other relevant
laws.
5. The revocation of the issued
certificate of LUR, certificate of home ownership and LURs of homestead land,
certificate of home ownership, certificate of ownership of construction works,
certificate of LURs, ownership of housing and other property affixed to land or
certificate of title not falling under clause 2 of this Article shall be
carried out, provided that there is a judgment or decision of the Court that
has been executed or the written petition of the judgment enforcement agency
for enforcement of the judgment or decision according to the law, including a
request to revoke the issued certificate.
6. In cases where the revocation of
the issued certificate of title complies with clause 2 and clause 5 of this
Article but the land user or owner of property affixed to land does not hand
over the issued certificate, the agency having authority to issue the
certificate of title specified in Article 136 of this Law shall issue a
decision to cancel the issued certificate.
7. The agency having authority to
issue the certificate of title specified in Article 136 of this Law shall
organize issuance of certificate of title in accordance with the law after the
issued certificate has been revoked.
Chapter XI
LAND-BASED FINANCING, LAND
PRICES
Section 1.
LAND-BASED FINANCING
Article 153.
State budget revenues from land
1. State budget revenues from land
include:
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b) Land rents;
c) Proceeds from penalties for
land-related administrative violations;
d) Recompense for the State when
causing damage in land management and use;
dd) Additional land levies,
additional land rents for projects in which land is not put into use or is used
behind the schedule;
e) Land use taxes;
g) Income taxes from disposition of
LURs;
h) Fees and charges in land
management and use;
i) Other incomes as prescribed by
law.
2. Annual land rent is applied
stably for every period of 05 years from the date on which the State issues a
decision to lease out land or grant permission for repurposing land associated
with changing land use mode into land lease by the State with annual land rent
payments.
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The adjustable rate prescribed by
the Government for each period shall not exceed the total annual national consumer
price index (CPI) of the previous 5-year period.
3. The Government shall elaborate
points a, b, c, d and dd clause 2 and clause 2 of this Article.
Article
154. Revenues from land-related public services
1. Provision of information, data
on land.
2. Cadastral surveying.
3. Land registration, issuance of
certificates of title.
4. Consultation of land price
determination.
5. Other services according to the
law.
Article 155.
Basis for calculating land levy, land rent; time of land valuation, time of calculating
land levy, land rent
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a) Area of the allocated land,
repurposed land, or the land whose LURs are recognized;
b) Land prices under Article 159
and Article 160 of this Law; in case of LUR auction, land price will be the
hammer price;
c) Policies on land levy exemption
or reduction of the State.
2. Basis for calculating a land
rent:
a) Land area for rent;
b) Land lease term, land use
extension term;
c) Land rental unit price; In case
of auction of land lease rights, the land lease price is the hammer price;
d) The land use mode: land lease by
the State with annual land rent payments or land lease by the State under
one-off arrangement;
dd) Policies on land rent exemption
or reduction of the State.
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a) In case the State allocates
land, leases out land, allows land repurposing, land use extension, adjustment
in land use term, change of land use mode, it is the time when the State issues
a decision to allocate land, lease land, allow land repurposing, land use
extension, adjustment of land use term, change of land use mode, except for the
cases specified in Clause 7, Article 124 of this Law;
b) In case of recognition of LURs,
it is the time when the land user, owner of property affixed to land or his/her
representative submits the valid application as prescribed by law;
c) In case a competent regulatory
agency adjusts the decision to allocate land or lease land, thereby changing
the area, land use purpose or land use term, it is the time when the competent
regulatory agency adjusts the decision to allocate land or lease land;
d) In case a competent regulatory
agency issues a decision to adjust the detailed planning according to
construction laws, thereby re-determining land price, it is the time when the
competent regulatory agency issue the decision to adjust the detailed planning.
4. In case the land price in a land
price list is applied to calculate a land levy or land rent, the competent
People’s Committee must write the land price in the decision to allocate land,
lease land, allow land repurposing, land use extension, adjustment in land use
term, change of land use mode.
In case of determining a specific
land price to calculate a land levy or land rent, the competent People’s
Committee must issue a land price decision within 180 days from the time of
land valuation specified in points a, c and d clause 3 of this Article.
5. The Government of Vietnam shall
elaborate this Article.
Article 156.
Payment of land levy or land rent upon land repurposing, land use extension,
adjustment in land use term
1. In case of land repurposing
under points b, c, d, dd, e and g clause 1 Article 121 of this Law, the land
user must pay a land levy or land rent according to the following regulations:
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b) The land rent is paid annually
according to the land type after repurposing.
2. When being allowed to extend
land use, adjust land use term, the land user who is subject to land levy or
land rent payment must pay a land levy or land rent for the extension period or
adjustment period.
3. The Government of Vietnam shall
elaborate this Article.
Article 157.
Exemption or reduction of land levy, land rent
1. The exemption or reduction of
land levy or land rent shall be applied in the following cases:
a) Land is used for production and
business purposes in investment incentive fields or in investment incentive
areas according to investment laws and relevant laws, except land for
commercial housing construction, commercial land;
b) Land is used to implement
policies on housing and homestead land for people with meritorious services to
the revolution, war invalids or sick soldiers who are unable to work, families
of martyrs who no longer have main workers, and the poor; land is used to
implement investment projects to build social housing, worker accommodation in
industrial parks, housing for the people's armed forces, renovate and rebuild
apartment buildings according to housing laws; homestead land is allocated to
displaced people when the State repossesses land due to a threat to human life;
homestead land is allocated to the entities specified in points a and b, Clause
3 Article 124 of this Law who are working in border communes, islands or island
districts without third-level administrative divisions belonging to areas with
difficult socio-economic conditions, areas with particularly difficult
socio-economic conditions.
c) Ethnic minorities using land are
exempted or reduced from land levies and land rents according to the
Government’s regulations;
d) Land of public service providers
is used according to point c clause 3 Article 120 of this Law;
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e) Land is used to build dedicated
railway infrastructure; land is used for construction of railway industrial
projects; Land is used for construction of other auxiliary works directly
serving train operations, passenger pick-up and drop-off, and cargo loading and
unloading of the railway;
g) Land is used to implement PPP
projects;
h) Land is used as premises to
build headquarters, drying yards, warehouses, production workshops; build
service facilities directly serving agriculture production, forestry
production, aquaculture, salt production of cooperatives and unions of
cooperatives;
i) Land is used for construction of
clean water supply, drainage, and wastewater treatment projects in urban and
rural areas;
k) Land is used for national
defense or security purposes of military or police enterprises though it is not
national defense or security land;
l) Homestead land is allocated to
households or individuals who have to relocate when the State repossesses land
affixed to housing but are not eligible for homestead land-related recompense
and have no other accommodation in the third-level administrative division to
which the repossessed land belongs;
2. The Government stipulates other
cases of exemption or reduction of land levies and land rents that are not
specified in Clause 1 of this Article after receiving the consent of the
Standing Committee of National Assembly.
3. It is not required to follow
procedures for determining land prices, calculating land levies or land rents
that are exempted in cases where land levies or land rents are exempted. Land
users who are exempt from land levies or land rents are not required to follow
procedures for applying for exemption from land levies or land rents in cases
where land levies and/or land rents are exempted.
4. The Government of Vietnam shall
elaborate this Article.
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Article 158.
Principles, bases and methods of land valuation
1. The land valuation must ensure
the following principles:
a) Land is valuated according to
market principles
b) Comply with land valuation
methods, order and procedures;
c) Ensure honesty, objectivity,
publicity and transparency;
d) Ensure independence between
consulting firms of land price determination, land price list appraisal
councils, specific land price appraisal councils and agencies or persons
competent to decide land prices;
dd) Ensure harmony of interests
between the State, land users and investors.
2. Bases for land valuation
include:
a) The purpose of use of the land
to be valued;
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c) Input information for land
valuation according to land valuation methods;
d/ Other factors affecting land
prices;
dd) Relevant laws which are
available upon land valuation
3. Input information for land
valuation according to land valuation methods specified at Point c, Clause 2 of
this Article includes:
a) Land prices that are recorded in
the national database on land and the national database on prices;
b) Land prices stated in contracts
for conveyance of LURs; hammer prices of LURs after fulfilling financial
obligations;
c) Land prices collected through
surveys in case there is no land price information specified at points a and b
of this Clause;
d) Information on revenue, expenses
and income from land use.
4. Input land price information
specified at points a, b and c, clause 3 of this Article is information formed
within 24 months from the time of land valuation specified in Clause 2, Article
91 and Clause 3, Article 155 of this Law or earlier.
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5. Methods of land valuation
include:
a) The comparison method is applied
by adjusting prices of land parcels with the same purpose, certain similarities
in factors affecting the price of land that has been conveyed in the market,
hammer price of land use rights of the land whose holder (successful bidder)
has fulfilled the financial obligations according to the decision to recognize
the successful bidder through the analysis and comparison of factors affecting
the land price after excluding the value of property affixed to the land (if
any) to determine the price of the land parcel to be valued;
b) The income-based method is
implemented by dividing the average annual net income per land area by the
average annual interest rate of 12-month term deposits in Vietnamese currency
at commercial banks in which the State holds more than 50% of the charter
capital or the total number of voting shares in the province for 03 consecutive
years up to the end of the latest quarter with data before the valuation;
c) The surplus-based method is
implemented by subtracting the total estimated development cost from the total
estimated development revenue of the land parcel or land zone on the basis of
the highest efficiency of land use (land use coefficient, construction density,
maximum number of floors of a building) according to the land use planning,
detailed construction planning approved by competent authorities;
d) The land price adjustment
coefficient method is applied by multiplying the land price in the land price
list by the land price adjustment coefficient. The land price adjustment
coefficient is determined by comparing the land price in the land price list
with the land price on the market;
dd) The Government shall prescribe
other land valuation methods not specified at points a, b, c and d of this
Clause after obtaining the consent of the Standing Committee of National
Assembly.
6. Cases and conditions for
application of land valuation method are prescribed as follows:
a) The comparison method is applied
for valuation in case there are at least 03 land parcels with the same land use
purpose, certain similarities in factors affecting the price of the land that
has been conveyed in the market, hammer price of land use rights of the land
whose holder (successful bidder) has fulfilled financial obligations according
to the decision to recognize the successful bidder;
b) The income-based method is
applied for valuation in case the land parcel, agricultural land zone or
non-agricultural land zone (except for homestead land) to be valued that is not
eligible for the comparison method but the incomes and costs from the use of
land can be determined according to the purpose of use of the land to be
valued;
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d) The land price adjustment
coefficient method is applied for specific valuation to calculate recompense
when the State repossesses land in cases where many adjacent land parcels with
the same land use purpose are repossessed and land prices have been specified
in the land price list but conditions for applying the comparison method are
not satisfied.
7. The land valuation methods
specified in Clause 5 of this Article shall be used to determine specific land
prices and formulate land price lists.
8. In case the land valuation
methods at points a, b and d, Clause 5 of this Article are applied to determine
specific land prices, land prices in land price lists shall be applied if the
specific land prices to be determined through these methods are lower than the
land prices in the land price lists.
9. Land valuation methods shall be
selected and proposed by land valuation organizations and decided by specific
land price appraisal councils.
10. The Government of Vietnam shall
elaborate this Article.
Article 159.
Land price list
1. Land price lists are applied to
the following cases:
a) Calculating land levies when the
State recognizes the LURs of homestead land of households or individuals; land
repurposing of households or individuals;
b) Calculating land rents when the
State leases land with annual land rent payments;
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d) Calculating income taxes from
disposition of LURs for households or individuals;
dd) Calculating charges for land
management and use;
e) Calculating fines for
administrative violations against regulations on land;
g) Calculating recompense for the
State when causing damage in land management and use;
h) Calculating land levies, land rents
when the State recognizes LURs in the mode of land allocation with land levy
collection or land lease under one-off arrangement for households or
individuals;
i) Calculating starting prices for
auction of LURs of land parcels or land zones that has been invested in
technical infrastructure according to the detailed construction planning when
the State allocates or leases land;
k) Calculating land levies in cases
where land is not allocated by LUR auction to households or individuals;
l) Calculating land levies in cases
where state-owned housing is sold to the current tenants.
2. Each land price list is
formulated according to areas and locations. Regarding a zone with a digital
cadastral map and land price database, price of each land parcel shall be detailed
in the land price list on the basis of the standard land parcel and value
range.
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In case it is necessary to adjust,
amend or supplement the land price list during the year, the People's Committee
of the first-level administrative division shall submit a request to the
People's Council at the same level to issue a decision.
The land authority of the
first-level administrative division shall assist the People’s Committee at the
same level in organizing formulation, adjustment, amendment or supplementation
of the land price list. During the implementation, the land authority of the
first-level administrative division may hire a consulting firm of land price
determination to formulate, adjust, amend or supplement the land price list.
4. The Government of Vietnam shall
elaborate this Article.
Article 160.
Specific land prices
1. Specific land prices are applied
in the following cases:
a) Calculating land levies for
organizations when the State allocates land with land levy collection without
LUR auction, without bidding for selection of investors implementing land-based
projects; or allocates land with land levy collection to successful bidders or
business organizations established by successful bidders for implementing
land-based projects; or recognizes LURs or allows land repurposing with land
levy payment;
b) Calculating land rents when the
State leases out land under one-off arrangement, except for cases where land is
received by LUR auction;
c) Calculating LUR value when
equitizing state-owned enterprises according to equitization laws;
d) Determining starting prices for
LUR auction when the State allocates or leases land, except for the case
specified in point i, clause 1, Article 159 of this Law;
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e) Calculating recompense when the
State repossesses land.
2. Authority to decide specific
land prices shall be as follows:
a) The President of the People’s
Committee of a first-level administrative division shall issue a decision on
specific land prices in cases of land allocation, land lease, permission for
land repurposing, recognition of LURs, land use extension, adjustment in land
use term, adjustment to detailed construction planning, land repossession,
determination of starting prices for LUR auction, determination of LUR value
when equitizing enterprises under the authority of the People's Committee
according to regulations of this Law;
b) The President of the People’s
Committee of a second-level administrative division shall issue a decision on
specific land prices in cases of land allocation, land lease, permission for
land repurposing, recognition of LURs, land use extension, adjustment in land
use term, adjustment to detailed construction planning, land repossession,
determination of starting prices for LUR auction under the authority of the
People's Committee according to regulations of this Law;
3. A land authority shall assist
the President of the People’s Committee at the same level in organizing
determination of specific land prices. During the implementation, the land
authority may hire a consulting firm of land price determination to determine
specific land prices.
4. If there is a parcel-specific
land price list for a zone on the basis of the standard land parcel and value
range, specific land prices shall be determined according to the land price
list which is available upon land valuation.
5. The Government of Vietnam shall
elaborate this Article.
Article 161.
Councils for appraisal of land price lists, Councils for appraisal of specific
land prices
1. The People’s Committee of a
first-level administrative division shall issue a decision to establish a Land
price list appraisal council including the President of the People’s Committee
or 01 Deputy President of the People’s Committee acting as the President of the
Council; Heads of financial authorities at the same level acting as the Deputy
Presidents of the Council; members of the People’s Committee acting as heads of
relevant authorities at the same level; Presidents of the People’s Committees
of second-level administrative divisions; representatives of relevant agencies
and organizations, consulting firms of land price determination and experts.
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3. The People’s Committee of a
second-level administrative division shall issue a decision to establish a
District-level specific land price appraisal council including the President of
the People’s Committee or 01 Deputy President of the People’s Committee acting
as the President of the Council; Heads of financial authorities at the same
level acting as Deputy Presidents of the Council; leaders of relevant
departments and organizations; the President of the People’s Committee of the
third-level administrative division to which land belongs. The People’s
Committee of the second-level administrative division may invite
representatives of consulting firms of land price determination or experts in
land prices to participate as members of the Council.
4. The Land price list appraisal
council, Province-level specific land price appraisal council and
District-level specific land price appraisal council shall issue a decision to
establish an assistance team of the council and may hire a consulting firm of
land price determination to provide advice for appraisal of land price list and
specific land price.
5. The appraisal contents of the
Land price list appraisal council and specific land price appraisal councils
include the compliance with principles and methods of land valuation, order and
procedures for land valuation, and results of information collection.
6. The Land price list appraisal
council, Province-level specific land price appraisal council and
District-level specific land price appraisal council shall be responsible for
the appraisal contents specified in clause 5 of this Article.
The Councils work independently,
objectively, according to a collective regime, and make decisions using
majority rule; The Presidents and members of the Councils are personally
responsible for their opinions. Discussion opinions and voting results of the
Councils' meetings must be recorded in detail and stored together with meeting
documents and written opinions of Councils’ members.
The Land price list appraisal
council and specific land price appraisal councils may invite representatives
of Vietnam Fatherland Front Central Committees at the same levels and other
socio-political organizations to attend the land price appraisal meetings.
Article 162.
Rights and obligations of land price determination consulting firms
1. Rights of a land price
determination consulting firm:
a) Provide land price determination
consulting services;
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c) Other rights according to the
law.
2. Obligations of a land price determination
consulting firm:
a) Comply with the principles,
bases, methods, and procedures for land valuation according to this Law and
other relevant laws;
b) Be independent, objective, and
honest in providing land price determination consulting activities;
c) Ensure compliance with
professional ethics of valuers of the consulting firm;
d) Be responsible for expertise in
land price determination consulting and land price appraisal consulting
performed by themselves;
dd) Provide land price
determination consulting services according to this Law and other relevant
laws;
e) Submit to inspection and
examination by competent regulatory agencies; send a report on land price
determination consulting results upon request to the province-level land
authority where the head office is registered or where the land price
determination consulting is performed;
g) Register the list of valuers and
changes and additions to the list of valuers with the province-level land
authority where the head office is registered;
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i) Store records and documents on
land price determination consulting results;
k) Other obligations according to
the law.
3. A land price determination
consulting firm is permitted to operate if the following requirements are fully
satisfied:
a) The firm must have been
registered to conduct business in land price determination services or business
in price appraisal services; public service providers provide land price
determination services or price appraisal services;
b) There must be at least 03
valuers qualified to practice as land price determination consultants or 03
price appraisers according to Government’s regulations.
Chapter XII
NATIONAL LAND INFORMATION
SYSTEM (NLIS) AND NATIONAL LAND DATABASE (NLD)
Article 163.
National land information system (NLIS)
1. The NLIS is developed centrally
and uniformly from central to local authorities in a synchronous manner for
multiple purposes and interconnected nationwide.
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3. The NLIS includes the following:
a) IT infrastructure;
b) Software of the NLIS;
c) National land database (NLD).
Article 164.
IT infrastructure and software of the NLIS
1. The IT infrastructure shall be
developed for both central and local authorities, including a set of server
equipment, workstations, network connection equipment, transmission systems,
safety and security assurance equipment, storage devices, peripherals and other
equipment.
2. The software of the NLIS
includes system software, utility software and application software serving the
management, operation, updating and exploitation of the national land database.
3. The Minister of Natural
Resources and Environment shall regulate technical requirements for application
software serving the management, operation, updating and exploitation of the
national land database.
Article 165.
The national land database (NLD)
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a) Database of legislative
documents on land;
b) Cadastral database;
c) Database of land survey, land
assessment, land conservation and restoration;
d) Database of land use planning
and plans;
dd) Database of land prices;
e) Database of land statistics and
land inspections;
g) Database of inspection, examination,
citizen reception, resolution of disputes, complaints or denunciations
regarding land;
h) Other databases relating to
land.
2. The NLD shall be developed
uniformly and synchronously according to national standards and regulations
throughout the country.
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Article 166.
Management, operation, exploitation and interconnection with the NLD
1. The NLD must be secured and safe
according to the law.
2. The NLD shall be managed in a
concentrated manner and the authority to manage it shall be decentralized from
central to local government.
3. The NLD must be updated fully,
accurately and promptly to ensure compliance with the current status of land
management and use.
4. National databases and databases
of ministries, central and local authorities shall be connected with the NLD to
update, share, exploit and use information. The interconnection must be
established to ensure efficiency, safety and compliance with functions, tasks
and powers as prescribed by this Law and other relevant laws.
5. The exploitation of information
in the NLD shall be as follows:
a) Data in the NLD shall be
officially used with the legal validity equivalent to that of printed documents
provided by competent authorities;
b) Authorities managing national
databases, authorities managing databases of ministries, central and local
authorities, state agencies, political organizations, and socio-political
organizations can exploit information in the NLD within the scope of their
functions, tasks and powers;
c) Land users can exploit their
information in the NLD;
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dd) The State shall facilitate the
access and exploitation of information and data on land of organizations and
individuals according to the law. The State encourages organizations and
individuals to give feedbacks, provide and supplement information to the NLD;
e) Fees for exploitation and use of
land documents and costs of providing land information and data must be paid as
prescribed.
g) The Minister of Finance shall
provide guidance on fees for exploitation and use of land documents from the
NLIS, collection, transfer, management and use thereof; the Minister of
National Resources and Environment shall decide prices of added products and
services using information from the land databases and land information systems
in accordance with laws on prices.
Article 167.
Online public services and electronic transactions related to land
1. Online public services related
to land include public administrative services related to land and other
land-related services that are provided to organizations and individuals in the
network environment according to the law. The provision of online public
services related to land shall be as follows:
a) Agencies having authority to
provide online public services related to land must ensure interconnection,
convenience, simplicity and safety for agencies, organizations and individuals
and serve state management of land;
b) Forms of confirmation by the
State of rights and obligations of organizations and individuals using land
include digital documents and electronic authentication.
2. Electronic transactions related
to land include land-related transactions that are conducted by electronic
communications. Electronic transactions related to land shall be
conducted according to electronic transaction laws.
3. The Ministry of National
Resources and Environment, the People’s Committees of first-level
administrative divisions shall provide guidance on the provision of online
public services and electronic transactions related to land.
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1. Funding for development,
management, operation, maintenance and upgrading of the NLIS shall be allocated
from the state budget and other sources according to the law.
2. The central government budget
must be allocated to ensure development, management, operation, maintenance and
upgrading of IT infrastructure and software of the NLIS; development and
updating of land-related databases set up by the central government.
3. Local government budgets must be
allocated to ensure management, operation, maintenance and upgrading of IT
infrastructure and software, development and updating of land-related databases
set up by the local government.
4. The State encourages qualified
organizations and individuals to participate in investing, constructing and
providing IT infrastructure system services; providing utility software and
application software in developing the NLD and exploiting national information
and data on land; developing the NLD and providing value-added services from
the NLD.
Article 169.
Ensuring safety and confidentiality of land-related information and data
1. The NLIS must be secured
according to the law on network information security by level and other
relevant laws.
2. Printing, copying,
transportation, delivery, data transmission, storage, preservation, provision
of information, data and other activities related to data within the scope of
state secrets must comply with the law on protection of state secrets.
3. The list of state secrets about
land must comply with the law on protection of state secrets.
Article 170.
Responsibilities for development, management, operation and exploitation of the
NLIS
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a) Organize the construction of IT
infrastructure at the central level and development of software for the NLIS to
ensure that the NLIS will be put into operation by 2025;
b) Manage, operate, maintain and
upgrade software of the NLIS and IT infrastructure at the central level;
c) Develop and update regional land
data and national land data and other central land-related databases.
d) Integrate, manage and exploit the
NLD nationwide;
dd) Connect and share information
from the NLD with the national public service portal, information systems and
databases of ministries, central and local authorities and provide land-related
information for organizations and individuals according to the law;
e) Run online public services in
the field of land.
2. Relevant ministries, central
authorities and agencies shall connect and share basic survey results and
land-related information with the Ministry of Natural Resources and Environment
for updating the NLD.
3. The People’s Committees of
first-level administrative divisions shall:
a) Organize the development,
updating, management and exploitation of land-related databases within their
divisions, ensuring connection and integration with the NLD by 2025;
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c) Share and provide land-related
information and data within their divisions for organizations and individuals
as prescribed by law;
d) Run online public services in
the field of land in their divisions.
4. The Government shall elaborate
the development, management, operation and exploitation of the NLIS.
Chapter XIII
LAND-USE REGULATIONS
Section 1. Land use term
Article 171.
Long-term and stable use of land
1. Homestead land.
2. Agricultural land used by
populations specified in clause 4 Article 178 of this Law.
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4. Commercial land and
non-agricultural production establishment land of individuals that are being
used stably with recognition by the State but were not allocated by the State
for a term or leased out by the State.
5. Land for construction of head
offices/offices specified in clause 1 Article 199 of this Law; land for construction
of public works of public service providers specified in clause 2 Article 199
of this Law.
6. National defense and security
land.
7. Belief land.
8. Religious land specified in
clause 2 Article 213 of this Law.
9. Land used for public purposes,
not for business purposes.
10. Land used for cemeteries,
funeral service centers and cremation centers; land for ashes storage
facilities.
11. Land specified in clause 3
Article 173 and clause 2 Article 174 of this Law.
Article 172.
Limited use of land
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a) The term of land allocation or
recognition of LURs to agricultural land for an individual who is directly
engaged in agriculture and use land for annual production, land used for
aquaculture, land for salt production, perennial crop land or planted
production forest land within the limit specified in Article 176 of this Law
shall be 50 years. When the land use term expires, the individual may use their
land continuously according to the term specified in this point and is not
required to follow extension procedures;
b) The term of agricultural land
lease for an individual shall be 50 years. When the land use term expires, the
individual may be considered by the State to renew the land lease for no more
than 50 years if they have a wish;
c) The land allocation or land
lease for carrying out land-based investment projects may be considered and
decided according to the operating terms of the investment projects or
applications for land allocation or land lease but must not exceed 50 years.
For a project with an operating
term of over 50 years according to the Investment Law, the land allocation and
land lease term shall be according to the term of the project but not exceed 70
years.
At the end of the land use term, if
the land user wishes to continue using the land, the State will consider
extending the land use term which must not be beyond the term specified in this
clause.
In cases where an investment
project is not required, the land use is considered based on the application
for land allocation or land lease but must not exceed 50 years;
d) The lease of land for
construction of head offices/offices of foreign diplomatic organizations must
not exceed 99 years. At the end of the land lease term, if the foreign
diplomatic organizations wish to continue using the land, the State will
consider renewing the land lease or leasing out other land for a term which
must not be beyond the term specified in this clause.
2. The term of land allocation or
land lease specified in this Article begins from the issuance date of the land
allocation/land lease decision of a competent regulatory agency;
3. The land use extension shall be
given in the last year of the land use term, except for the case specified in
point a clause 1 of this Article. The land use wishing to extend the land use
term must submit an application for extension within 06 months before the land
use term expires. If the land user fails to submit their application for
extension within the prescribed time limit, the land use extension shall not be
granted, except in cases of force majeure. Cases of ineligibility for land use
extension, competent regulatory agencies shall repossess land according to this
Law.
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5. The Government of Vietnam shall
elaborate this Article.
Article 173.
Land use term upon land repurposing
1. The land use term upon land
repurposing of an individual shall be prescribed as follows:
a) In case of converting dedicated
forest land or protective forest land into land of another type, the land use
term shall be determined according to the term of the land type after being
repurposed. The land use term shall be calculated from the issuance date of the
decision to allow land repurposing;
b) In case of converting land for
annual production, perennial crop land, production forest land, land used for
aquaculture or land for salt production into dedicated forest land or
protective forest land, the repurposed land shall be used stably for a
long-term;
c) In case of repurposing agricultural
land of types that do not fall under point a and point b of this clause, the
individual using land may continue using the land according to the land
allocation or lease term;
d) In case of converting
agricultural land into non-agricultural land, the land use term shall be
determined according to the term of the land type after being repurposed. The
land use term shall be calculated from the issuance date of the decision to
allow land repurposing.
2. The land use term upon
repurposing land for carrying out investment projects shall be determined
according to point c clause 1 Article 172 of this Law, except for the case
specified in clause 3 of this Article.
3. The land shall be used stably
for a long term in case of converting non-agricultural land that is used stably
for a long term into non-agricultural land that is used for a limited term or
vice versa.
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1. The land use term upon receiving
LURs to the land for which the term is limited by disposition shall be the
remaining term of the land use term prescribed before receiving LURs by
disposition. The land use extension shall comply with clause 3 Article 172 of
this Law.
In case of receiving LURs to
agricultural land within the land allocation limit of an individual directly
engaged in agriculture by disposition or receiving LURs according to the debt
settlement clause in a mortgage agreement, judgment or decision of a Court, or
judgment of a judgment enforcement agency which has been enforced, the land
user may continue using the land according to the term specified in Article 172
of this Law and is not required to follow extension procedures when the land
use term expires.
2. The receiver of LURs to the land
for which the term is long and stable through disposition is permitted to use
such land stably for a long term.
Article 175.
Adjusting land use terms of investment projects
1. The adjustment to land use term
of a land-based investment project before the land use term has expired must meet
the following conditions:
a) Be in accordance with the
district-level land use planning;
b) Have a written request to adjust
the land use term of the investment project;
c) Fulfil land-related financial
obligations to the State according to the law.
d) Do not fall under the cases of
land repossession specified in Article 81 of this Law;
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e) Meet environmental conditions
according to environmental protection laws.
2. The land use term of the project
after being adjusted must not exceed the term specified in point c clause 1
Article 172 of this Law.
Section 2.
LAND USE REGULATIONS
Article 176.
Agricultural land allocation limits
1. The limit on allocation of land
for annual production, land used for aquaculture or land for salt production to
an individual directly engaged in agriculture shall be as follows:
a) No more than 03 hectares of land
of each type in provinces and central-affiliated cities belonging to the
Southeast region and the Mekong Delta region;
b) No more than 02 hectares
of land of each type in other provinces and central-affiliated cities.
2. The limit on allocation of
perennial crop land to an individual shall be 10 hectares of land in communes,
wards or commune-level towns in delta regions; 30 hectares of land in communes,
wards or commune-level towns in midland and mountainous areas.
3. The limit on land allocation of
each following type to an individual shall be 30 hectares:
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b) Planted production forest land.
4. In case an individual is
allocated many types of land including land for annual production, land used
for aquaculture and/or land for salt production, the total land allocation
limit shall be 05 hectares; in case they are allocated additional land for
growing perennial crops, the perennial crop land allocation limit shall be 05
hectares of land in communes, wards or commune-level towns in delta regions,
and shall be 25 hectares of land in communes, wards or commune-level towns in
midland and mountainous areas; in case they are allocated additional planted
production forest land, the production forest land allocation limit shall be 25
hectares.
5. The allocation of unused land to
an individual for being come into use according to planning for agricultural
production, forestry production, aquaculture or salt production must not exceed
the land allocation limit specified in clauses 1, 2 and 3 of Article, and the
unused land will not be included in the agricultural land allocation limit of
an individual specified in clauses 1, 2 and 3 of this Article.
The People’s Committee of the
first-level administrative division shall stipulate the limit on allocation of
unused land to the individual for being come into use according to the land use
planning or plan that has been approved by a competent authority.
6. The individual may continue
using the area of agricultural land outside the commune, ward or commune-level
town where his/her permanent residence is registered. If the land is allocated
without land levy collection, it will be included in the agricultural land
allocation limit of the individual.
The land authority that has
allocated agricultural land without land levy collection to the individual
shall send a notification to the People’s Committee of the third-level
administrative division where his/her permanent residence is registered for calculation
of agricultural land allocation limit.
7. The area of agricultural land of
an individual that is received though conveyance, lease, sublease, LUR
inheritance, LUR donation, contribution of LURs as capital from another person,
received through contract execution, or leased by the State will not be
included in agricultural land allocation limit specified in this Article.
Article 177.
Limits on receipt of LURs to agricultural land by disposition of individuals
1. The limit on receipt of LURs to
agricultural land by disposition of an individual shall be 15 times of the
agricultural land allocation limit of an individual in respect of each land
type specified in clauses 1, 2, and 3 Article 176 of this Law.
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a) Conditions related to land and
production technology;
b) Shifting of labor forces and
economic structure; the process of urbanization.
3. The People’s Committees of
first-level administrative divisions, based on the regulations in clause 1 and
clause 2 of this Article, stipulate limits on receipt of LURs to agricultural
land by disposition of individuals in accordance with specific conditions of
their divisions.
Article 178.
Agricultural land used by individuals or populations
1. Individuals can use agricultural
land that is received through allocation, lease or LUR recognition by the
State; through LUR lease from other land users; through LUR exchange,
conveyance, inheritance or donation as prescribed by law.
2. The use of agricultural land
allocated by the State to individuals shall be as follows:
a) Individuals who have been
allocated land by the State before the effective date of this Law may continue
using it according to this Law;
b) For areas where the allocation
of land to individuals according to land laws has not been made yet, the
People's Committees of third-level administrative divisions to which land
belongs shall prepare land allocation arrangements and request the People’s
Committees of second-level administrative divisions to issue land allocation
decisions;
c) For areas where the People’s
Committees at all levels have guided households and individuals that are using
land stably to negotiate land adjustments for each other during the
implementation of land policies and laws before October 15, 1993, such
households and individuals can continue using their land.
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4. Agricultural land used by
populations shall be as follows:
a) Populations use land that is
received through allocation or LUR recognition by the State for preserving
national identity associated with customs, practices and beliefs of ethnic
groups;
b) Populations using land that is
received through allocation or LUR recognition by the State shall protect the
allocated land and not be allowed to convert into other land use purposes.
Article 179.
Agricultural land banks for public uses
1. Agricultural land banks for
public uses that have been set up according to land laws over time will
continue to be used to meet demands for public services of local authorities.
2. Agricultural land banks for
public uses of communes, wards or commune-level towns shall be used in the
following purposes:
a) Construction of cultural works,
works of physical training and sports, public entertainment, healthcare,
education, markets, cemeteries and other public works that are invested,
managed or used by the People's Committees of third-level administrative
divisions; construction of gratitude houses, charity houses, and great
solidarity houses;
b) Recompense for former holders of
repossessed land when constructing the works specified in point a of this
clause.
3. The land area that has not yet
used for the purposes specified in clause 2 of this Article shall be leased out
by the People’s Committees of third-level administrative divisions to local
persons for agricultural production or aquaculture through auction. The
land use term for each lease shall be 10 years.
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Article 180.
Agricultural land used by organizations, persons of Vietnamese descent residing
overseas or foreign-invested business organizations
1. Business organizations, persons
of Vietnamese descent residing overseas or foreign-invested business
organizations that wish to use land for agricultural production, forestry
production, aquaculture or salt production shall be considered by the State to
be leased out land for carrying out investment projects.
2. Business organizations or public
service providers that have been allocated or leased out land by the State
before the effective date of this Law for agricultural production, forestry
production, aquaculture or salt production, except for the case specified in
Article 181 of this Law shall review the current use of land and prepare land
use arrangements. Each land use arrangement must clearly define the area,
boundaries of use, the area of each type of land to be retained for use, the
land use term and the area of land handed over to local authorities.
The People's Committees of
first-level administrative divisions shall direct review and approval of land
use arrangements; land allocation and land lease according to approved land use
arrangements; repossession of land area that is unused, used for unintended
purposes, allocated for contract execution, leased, lent illegally, trespassed
upon, or appropriated for allocation or lease to organizations and individuals.
Priority must be given to individuals who are ethnic minorities and do not have
land or lack production land in their areas upon land allocation or lease.
Article 181.
Land managed or used by agriculture and forestry companies
1. The People’s Committees of
first-level administrative divisions shall:
a) organize review of current use
of land of agriculture and forestry companies which are managing or using land
originated from farms or forests in their divisions in terms of locations,
boundaries of land management or use; land area being used for intended
purposes; land area being used for unintended purposes; unused land area; land
area that are being allocated, allocated for contract execution, outright
contracted, leased, lent, used under a joint venture agreement, association
agreement, investment cooperation agreement, trespassed, appropriated or in
dispute;
b) organize preparation, appraisal
and approval of land use arrangements of local agriculture and forestry
companies, including determination of land area that such agriculture and
forestry companies can continue using; land area that is handed over to them
for land allocation, land lease, recognition of LURs for the entities specified
in clause 2 of this Article and for socio-economic development according to the
law;
c) issue certificates of title to
the land that agriculture and forestry companies can continue using according
to approved arrangements;
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dd) Based on land use needs of
their divisions and the land use situation of agriculture and forestry
companies, continue reviewing and repossessing the land that is retained by
agriculture and forestry companies according to approved land use arrangements
for being leased, lent, allocated for contract execution or outright contracted
to others who illegally use such land area for management under the law or
implementation of land-related support policies for ethnic minorities according
to Article 16 of this Law and for socio-economic development.
2. The People's Committees of
second-level administrative divisions shall organize management and use of land
banks that have been handed over by agriculture and forestry companies to their
divisions for purposes according to land use planning and plans; prepare land
use arrangements for the land area specified in points d and dd, clause 1 of
this Article as follows:
a) Recognize LURs for current users
of agricultural land or forestry land that was originated from land allocated,
allocated for contract execution, outright contracted, leased, or borrowed from
farms or forests before February 1, 2015 in the mode of land allocation by the
State without collection of land levy on the land area in use, provided the
land allocation does not exceed the limits on allocation of agricultural land
to individuals specified in Article 176 of this Law. The land use term in this
case begins on the issuance date of the certificate of title. The area exceeding
the aforementioned limit (if any) will be put up for lease, unless they can be
allocated to the entities specified in points c, d, and dd of this clause;
b) Recognize LURs for current land
users who obtained instruments of state-run farms or state-run forests
concerning the allocation of land for housing construction or both housing
construction and agriculture and forestry production before July 01, 2004. They
shall be issued a certificate of title according to clause 2 Article 137 of
this Law;
c) Allocate or lease out land to
implement land policies for ethnic minorities, people with meritorious services
to the revolution, and people from poor households in their divisions who do
not have land or lack production land;
d) Allocate or lease out land in
individuals in their divisions who do not have land or lack production land;
dd) Allocate or lease out land to
be used for public purposes and other purposes according to the law;
e) Allocate the land area that has
not yet been handled according to points a, b, c, d and dd of this clause to
the People’s Committees of third-level administrative divisions for management.
3. The Government of Vietnam shall
elaborate this Article.
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1. Rice cultivation land includes
dedicated rice cultivation land and other rice cultivation land; Dedicated rice
cultivation land is the land on which at least 2 rice crops have been
harvested.
2. The State introduces policies on
support and investment in building infrastructure and applying modern science
and technology to areas planned to grow high-yield and high-quality rice;
protection of rice cultivation land, restraint of converting rice cultivation
land to land used for non-agricultural purposes.
3. Users of rice cultivation land
shall improve to increase the soil fertility; not be allowed to repurpose land
without permission from competent regulatory agencies.
4. People who are allocated or
leased out dedicated rice cultivation land by the State to be used for non-agricultural
purposes shall comply with the following regulations:
a) Have topsoil projects in
accordance with crop cultivation laws;
b) Pay an amount prescribed by law
for the State to provide compensatory rice cultivation land area or increase
productivity of rice cultivation land, unless the project is funded by state
capital for public investment or state capital other than public investment
capital according to public investment and construction laws;
c) Comply with regulations on
environmental protection; do not affect the cultivation of adjacent rice land.
5. Users of rice cultivation land
are allowed to transform the structure of crops and livestock on rice
cultivation land, provided that necessary conditions for growing rice again are
still met according to crop cultivation laws; to use part of the land to
construct works that directly serve agricultural production.
6. The Government of Vietnam shall
elaborate this Article.
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1. Land for intensive farming is
land for construction of livestock farms in separate areas according to animal
husbandry laws.
2. The use of land for intensive
farming shall comply with the following regulations:
a) Implement measures for environmental
protection, waste management and other measures to not affect users of land in
the area and surrounding area;
b) In case of using land for
intensive farming with works affixed to land thereon, the provisions of
investment laws and construction laws must be complied with.
3. Business organizations or
individuals may hold land through allocation or lease by the State, or receive
LURs through conveyance, lease or capital contribution to carry out intensive
farming investment projects.
4. Persons of Vietnamese descent
residing overseas or foreign-invested business organizations may lease land
from the State or receive LURs through capital contribution from business
organizations according to the law to carry out intensive farming projects.
Article 184.
Production forest land
1. The State shall allocate
production forest land without land levy collection to the following subjects:
a) Individuals directly engaged in
agriculture who permanently reside in third-level administrative divisions to
which planted production forest land belongs, provided the area of land to be
allocated is within the land allocation limit specified in point b, clause 3,
Article 176 of this Law; the part of planted production forest land that
exceeds the land allocation limit will be put up for lease;
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c) Units of the people's armed
forces located in third-level administrative divisions to which production
forest land belongs that have the need and ability to protect and develop
forests;
d) Dedicated forest management
boards and protection forest management boards in terms of the area of
production forest land interspersed with dedicated forest land or protection
forest land.
2. Business organizations and
enterprises affiliated to the people’s armed forces and individuals may lease
production forest land from the State according to regulations of this Law.
3. People who are leased out
natural production forest land are not permitted to convey, sublease, mortgage
LURs and rights to lease land in land lease contracts with annual land rent
payments or contribute LURs/rights to lease as capital.
4. The entities specified in clause
1 and clause 2 of this Article are allowed to build infrastructure works
serving forest protection and development in accordance with forestry laws.
5. Foreign-invested business
organizations may lease production forest land from the State for carrying out
production forest planting projects.
Article 185.
Protective forest land
1. The State shall allocate
protective forest land to manage, use, protect and develop forests in
accordance with forestry laws to the following subjects:
a) Protection forest management
boards, dedicated forest management boards, units of the people's armed forces;
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c) Individuals legally residing in
third-level administrative divisions where protective forests are located;
d) Populations in third-level
administrative divisions where protective forests are located;
2. The subjects allocated
productive forest land by the State specified in clause 1 of this Article are
allowed to build infrastructure works serving forest management, protection and
development in accordance with forestry laws.
3. The people who are allocated
land by the State as specified in clause 1 of this Article shall be issued a
certificate of title. However, property is not recorded as public property on
the certificate of title.
4. The people who is issued the
certificate of title specified in clause 3 of this Article shall, except for
protection forest management boards, dedicated forest management boards,
execute rights of land users and ensure conformity with the regulations in
clause 8 Article 45 of this Law.
Article 186.
Dedicated forest land
1. The State shall allocate
dedicated forest land to manage, use, protect and develop forests in accordance
with forestry laws to the following subjects:
a) Dedicated forest management
boards;
b) Organizations providing science
and technology, training and vocational education in forestry;
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d) Populations in third-level
administrative divisions where dedicated forests are located.
2. Based on specific conditions,
dedicated forest management boards shall cooperate with local authorities in
establishing immigration and resettlement projects and submitting them to the
competent authorities for approval to move people out of the strictly protected
zones of the dedicated forests.
3. The subjects allocated dedicated
forest land by the State specified in clause 1 of this Article are allowed to
build infrastructure works serving forest management, protection and
development in accordance with forestry laws.
4. The persons who are allocated
land by the State as specified in clause 1 of this Article shall be issued a
certificate of title. However, property is not recorded as public property on
the certificate of title.
Article 187.
Land for salt production
1. Land for salt production shall
be allocated by the State to individuals who are local citizens for salt production
within the land allocation limits specified in Article 176 of this Law. The
land that is currently used in excess of the land allocation limit will be put
up for lease.
Land for salt production shall be
leased by the State to business organizations, persons of Vietnamese descent
residing overseas and foreign-invested business organizations for the
implementation of salt production investment projects.
2. High-yield and high-quality land
for salt production must be protected and prioritized for the salt production
purpose.
3. The State encourages the use of
land capable of salt production for producing salt serving industrial and life
needs.
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1. Land covered by ponds, lakes and
lagoons is allocated by the State according to the limit to individuals to be
used for aquaculture and agricultural production purposes.
Land covered by ponds, lakes and
lagoons is leased out by the State to business organizations, individuals,
persons of Vietnamese descent residing overseas and foreign-invested business
organizations for carrying out investment projects aimed at aquaculture,
agricultural production or both agriculture and non-agricultural production.
The use of land must ensure
landscape, protection of environment and water resources.
2. The use of land covered by lakes
and lagoons belonging to many communes, wards and commune-level towns shall be
decided by the People's Committees of second-level administrative divisions.
The use of lakes and lagoons belonging to many districts, urban districts,
district-level towns, cities affiliated to provinces and cities affiliated to
central-affiliated cities shall be decided by the People's Committees of
first-level administrative divisions.
3. Business organizations, individuals,
persons of Vietnamese descent residing overseas, and foreign-invested business
organizations that are allocated or leased out land by the State for levelling
or digging lakes or lagoons to create space for water collection and storage or
landscape must obtain permission from competent regulatory agencies and must
have environmental impact assessments in accordance with environmental
protection laws.
Article 189.
Land covered by coastal waters
1. Land covered by coastal waters
is allocated or leased out by the State to business organizations, individuals,
people of Vietnamese descent residing overseas and foreign-invested business
organizations to be used for purposes in accordance with this Law.
2. The use of land covered by
coastal waters is prescribed as follows:
a) be in conformity with the land
use and land use plans planning that has been approved by a competent
authority;
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c) Protect ecosystems, environment
and landscape;
d) Do not obstruct the protection
of national security and maritime traffic;
dd) Protect the quality of coastal
waters; do not cause salinity of groundwater aquifers.
3. The allocation or lease of land
covered by coastal waters for agricultural and non-agricultural purposes
without land reclamation must comply with the land use regulations under this
Law, Law on the Sea of Vietnam, Law on Natural Resources and Environment of the
Sea and Islands and other relevant laws.
Article 190.
Land reclamation
1. The State encourages
organizations and individuals using capital, techniques and technologies to
carry out land reclamation activities; adopt policies to support and give
incentives to investors to carry out land reclamation activities in accordance
with law.
2. The land reclamation must comply
with the following principles:
a) Ensure national defense,
security, sovereignty, sovereign rights, jurisdiction and national interests at
sea; be in accordance with other relevant laws and international treaties to
which the Socialist Republic of Vietnam is a contracting party;
b) On the basis of adequate
assessment of the economy, society and environment, ensure sustainable
development, biodiversity, natural factors, impacts of natural disasters,
climate change and sea level rise;
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d) Exploit and effectively use
marine resources; ensure harmony of interests of organizations and individuals
carrying out land reclamation activities and other related organizations and
individuals; ensure people and communities' right to access the sea;
d) The land reclamation must be
established as an investment project or item of an investment project according
to the law.
3. If the land to be reclaimed
includes the area belonging to one of the following zones, land reclamation
activities are solely carried out when policies on investment have been
approved or decided by the National Assembly or the Prime Minister:
a) Protected areas of
historical-cultural monuments and famous landscape, sights that are recognized
according to cultural heritage laws;
b) Natural heritage according to
environmental protection laws;
c) National parks, nature reserves,
species and habitat conservation areas, landscape protection areas, and
important wetlands that have been announced in accordance with biodiversity
laws and forestry laws;
d) Marine conservation areas,
aquatic resource protection areas, fishing ports, storm shelter anchorages for fishing
vessels according to fishery laws;
d) Seaport areas, water areas in
front of wharfs, ship turning areas, anchorages, transshipment areas, storm
shelters, pilot reception areas, quarantine areas, navigable channels, water
areas for construction of other auxiliary works according to maritime laws;
e) Estuaries and areas that have
been planned and used for national defense and security purposes.
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5. Responsibilities for state
management of land reclamation activities are prescribed as follows:
a) The Ministry of Natural
Resources and Environment shall assist the Government in unifying state
management of land reclamation activities; inspect and examine land reclamation
activities and manage land reclamation areas according to the law;
b) Ministries and ministerial
agencies, within the scope of their duties and powers, shall manage and inspect
land reclamation activities; promulgate, guide and inspect the implementation
of regulations, technical regulations, standards and economic-technical norms
related to land reclamation activities;
c) The People's Committees of
first-level administrative divisions shall manage, allocate land, lease out
land for land reclamation, inspect and examine land reclamation activities, and
manage and use land reclamation areas in their divisions according to the law.
6. The allocation of marine waters
for the land reclamation purpose shall be carried out simultaneously with the
allocation or lease of land for carrying out investment projects.
7. The Government of Vietnam shall
elaborate this Article.
Article 191. Land
of floodplains and coastal plains
1. Land of floodplains and coastal
plains include river banks, floating islands, islets on rivers, coastal
floodplains and floating islands, islets on the sea.
2. The management and use of land
of floodplains and coastal plains shall comply with the following regulations:
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b) Land of floodplains and coastal
plains are allocated or leased out by the State to business organizations,
individuals, persons of Vietnamese descent residing overseas and
foreign-invested business organizations;
3. The State shall prepare land use
planning and plans to put land of floodplains and coastal plains into use.
4. The People’s Committees of
second-level administrative divisions shall investigate, survey and evaluate
banks of land of floodplains and coastal plains that are regularly deposited or
often eroded in order to have plans for exploitation and use. Competent
regulatory agencies shall consider and decide the allocation or lease of land
of floodplains and coastal plains that are regularly deposited or often eroded
to people in need.
5. The use of land of floodplains
and coastal plains must be in accordance with the principles of conservation of
nature and biodiversity, environmental protection, prevention of erosion of
river banks and beds, and natural disasters.
Article 192.
Concentration of agricultural land
1. Agricultural land concentration
is the increase of agricultural land area to organize production through the
following methods:
a) Exchange of LURs to agricultural
land through land consolidation or parcel exchange;
b) Lease of LURs;
c) Cooperation in production and
business using LURs.
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a) Ensure openness,
transparency, voluntariness, democracy, and fairness;
b) Ensure legal rights and benefits
of the State, land users and relevant organizations and individuals; do not
affect national defense and security;
c) Comply with land laws, civil
laws and other relevant laws; conform to land use planning and plans that have
been approved by competent authorities;
d) Be consistent with the
characteristics of land, topography, climate, culture, labor transition
process, job transition, rural employment of each zone, each area, each
administrative division and market needs.
3. The State has policies to
encourage organizations and individuals to concentrate land for agricultural
production; apply science and technology to economically and effectively use
the concentrated land banks.
Budgets for cadastral survey,
adjustment of cadastral records and issuance of certificates of title for land
consolidation and parcel exchange with the aim of land concentration for
agricultural production shall be guaranteed by the state budget.
4. Business organizations and
individuals concentrating agricultural land must prepare land use arrangements
and submit them to the People’s Committees of third-level administrative
divisions for monitoring. In case the land which is repurposed within the
agricultural land category is stated in the land use arrangement, an agreement
must be reached with the land user on the return of agricultural land after
participating in land concentration. In case the agricultural land
concentration requires the LUR adjustment, Article 219 of this Law shall be
applied.
5. The People’s Committees at all
levels shall disseminate policies and laws, guide and support parties in
agricultural land concentration and ensure stable planning for the concentrated
agricultural land.
6. The Government of Vietnam shall
elaborate this Article.
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1. Agricultural land accumulation
is the increase of agricultural land area of land users to organize production
through the following methods:
a) Receive LURs to agricultural
land through conveyance;
b) Receive LURs to agricultural
land through capital contribution;
2. The land agricultural
accumulation must ensure the following principles:
a) Ensure legal rights and benefits
of the State, land users and relevant organizations and individuals; do not
affect national defense and security;
b) Comply with land laws, civil
laws and other relevant laws; use for the right purposes, conform to land use
planning and plans that have been approved by competent authorities;
c) Be consistent with the
characteristics of land, topography, climate, culture, labor transition
process, job transition, rural employment of each zone, each area, each
administrative division and market needs.
3. The State has policies to
encourage organizations and individuals to apply science and technology to
economically and effectively use the accumulated land banks.
4. The People’s Committees at all
levels shall disseminate policies and laws, guide and support parties in
agricultural land accumulation and ensure stable planning for the accumulated
agricultural land.
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Article 194.
Areas for concentrated production and processing of agriculture, forestry,
aquaculture and aquatic products
1. Area for concentrated production
and processing of agriculture, forestry, aquaculture and aquatic products is
the area where one or more tasks of research, experimentation, farming,
growing, production, preservation, processing and warehousing services for
agriculture, forestry, aquaculture and aquatic products are carried out.
2. The use of land for construction
of areas for concentrated production and processing of agriculture, forestry,
aquaculture and aquatic products must be conformable with land use planning and
land use plans approved by competent authorities.
3. The State shall lease out land
for construction of areas for concentrated production and processing of
agriculture, forestry, aquaculture and aquatic products according to the
following regulations:
a) Implement investment projects to
construct and trade infrastructure of areas for concentrated production and
processing of agriculture, forestry, aquaculture and aquatic products to be
subleased;
b) Implement projects for area for
concentrated production and processing of agriculture, forestry, aquaculture
and aquatic products.
4. Investors that are leased out
land by the State to invest in constructing and trading infrastructure of areas
for concentrated production and processing of agriculture, forestry,
aquaculture and aquatic products with annual land rent payments may sublease
the land with annual land rent payments; investors that are leased out land by
the State under one-off arrangement may sublease the land under one-off
arrangement or sublease the land with annual land rent payments.
5. Sublessees of land in areas for
concentrated production and processing of agriculture, forestry, aquaculture
and aquatic products shall have the following rights and obligations:
a) In case of land sublease under
one-off arrangement, they shall have the rights and obligations specified in
Article 33 of this Law;
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6. Users of land in areas for
concentrated production and processing of agriculture, forestry, aquaculture
and aquatic products must use the land for determined purposes and are granted
certificates of title according to the provisions of this Law.
7. The Government of Vietnam shall
elaborate this Article.
Article 195.
Rural homestead land
1. Rural homestead land is the land
for housing and other purposes serving life in the same parcel of land
belonging to a rural area.
2. The People’s Committee of a
first-level administrative division shall, based on the land bank and actual
situation in the division, stipulate homestead land allocation limit for
individuals in rural areas.
3. Rural homestead land must be
arranged synchronously with land used for construction of public works and
public service works in a manner that ensures facilitation of production,
people's lives, environmental sanitation towards rural modernization.
4. The State has policies on
enabling people living in rural areas to have accommodation on the basis of
utilizing available land in residential areas, limiting the expansion of
residential areas on agricultural land.
Article 196.
Urban homestead land
1. Urban homestead land is the land
for housing and other purposes serving life in the same parcel of land
belonging to an urban area.
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3. Urban homestead land must be
arranged synchronously with land used for construction of public works and
public service works in a manner that ensures environmental sanitation and
urban landscape.
4. The conversion of homestead land
to land for construction of production and business establishments must be in
accordance with land use planning, land use plans and construction planning
that have been approved by competent authorities, and comply with order and
safety laws, environmental protection laws and other relevant laws.
Article 197.
Land for construction of apartment complexes
1. Land for construction of an
apartment complex includes homestead land for construction of apartment
buildings, construction of works directly serving the lives of people in the
apartment complex and land for construction of works serving the community
according to the construction planning that has been approved by a competent
authority.
2. Land for construction of
apartment complexes must be arranged synchronously with land used for
construction of public works and public service works in a manner that ensures
environmental sanitation and urban landscape.
3. The Government of Vietnam shall
elaborate this Article.
Article 198.
Use of land to beautify urban areas and rural residential areas
1. Land used for beautification of
an urban area includes available land for beautifying inner city areas, and
land planned for expansion of the urban area.
Land used for beautification of a
rural residential area includes available land for beautifying inner
residential areas, land belonging to agricultural land banks used for public
purposes, land planned for expansion of the rural residential area.
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3. The State shall repossess,
allocate or lease out land for carrying out projects to beautify urban areas or
rural residential areas in the cases specified in Article 79 of this Law.
4. Organizations and individuals
may contribute their LURs to construction or beautification of works serving
public interests, which are funded by the State or contributed by the people.
The voluntary contribution of LURs, recompense or support is agreed upon
by the organization or individual themselves. The LUR contribution and land
readjustment shall comply with Article 219 of the Law.
Article 199.
Land for construction of head offices/offices, public works
1. Land for construction of head
offices/offices includes land of the Communist Party of Vietnam, regulatory
agencies, Vietnamese Fatherland Front, socio-political organizations,
socio-political-professional organizations, socio-professional organizations,
social organizations and other organizations established in accordance with
laws and assigned tasks and funded by the State for operating expenses.
2. Land for construction of public
works includes land types specified in point d clause 3 Article 9 of this Law.
3. The use of the land specified in
clause 1 and clause 2 of this Article must conform to land use planning, land
use plans and construction planning that have been approved by competent
authorities.
4. The representative of the agency
or organization that is allocated or leased out land shall preserve the
allocated or leased land and must use the land for the intended purpose.
5. The management, use and
exploitation of the land banks specified in clause 1 and clause 2 of this
Article falling within the scope of the law on management and use of public
property shall comply with the law on management and use of public property;
contents that are not regulated by the law on management and use of public
property shall comply with the this Law.
Article 200.
National defense and security land
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2. The People’s Committees of
first-level administrative divisions shall take charge and cooperate with the
Ministry of National Defense and the Ministry of Public Security in state
management of national defense and security land under their administrative
management.
3. For areas included in the
national defense or security land use planning but not yet in need of use for
national defense or security purposes, the current land user may continue using
the land until the issuance date of a land repossession decision of a competent
regulatory agency, provided that they do not deform the natural terrain of the
land.
4. In case of repossession of
national defense or security land for the implementation of socio-economic
development projects for national or public purposes, it is not required to
rearrange or handle public property according to the law on management and use
of public property.
5. If the management or use of
property affixed to land being public property of public service providers
affiliated to the Ministry of National Defense or the Ministry of Public
Security does not fall under the case of using land for national defense or
security purpose in combination with productive labour and economic development
specified in Article 201 of this Law, the law on management and use of public
property shall be complied with.
6. The Government of Vietnam shall
elaborate this Article.
Article 201.
Use of national defense or security land for both its main purpose production
or economic development
1. The use of national defense or
security land for both its main purposes and production and economic
development shall be applied to the following entities:
a) Military units, police units,
public service providers of the Vietnam People's Public Security and the
People's Army of Vietnam;
b) State-owned enterprises under
the management of the Ministry of National Defense and the Ministry of Public
Security.
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In case the national defense or
security land is used for both its main purpose and production or economic
development to organize education; labor, rehabilitation, career guidance and
vocational training for prisoners; training, production increase for improving
life; logistics and technical support services, land levy is not required.
3. Rights and obligations of the
subjects specified in clause 1 of this Article when using national defense or
security land for both its main purpose and production or economic development:
a) Organize production or business
according to the arrangement that has been approved by the Minister of National
Defense or the Minister of Public Security;
b) Enjoy the fruits of labor,
investment in land and other benefits according to the law;
c) Receive no recompense related to
land and property affixed to land when terminating the arrangement for use of
defense or security land for both its main purpose and production or economic
development;
d) Do not convey, donate, lease out
LURs;
dd) Do not mortgage, contribute
LURs as capital;
e) Do not repurpose land without
permission;
g) The subjects specified in point
a clause 1 of this Article are not allowed to convey, lease out, donate,
mortgage or contribute LURs as capital;
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i) Fulfill all financial
obligations according to regulations.
4. The Government of Vietnam shall
elaborate this Article.
Article 202.
Land for industrial zones or industrial clusters
1. The management and use of land
for industrial zones or industrial clusters, including concentrated information
technology parks, must be consistent with land use planning, land use plans,
construction planning approved by competent authorities.
2. The State leases out land for
carrying out investment projects to construct and trade infrastructure of
industrial zones and industrial clusters.
In cases where investment projects
to construct and trade infrastructure of industrial zones and industrial
clusters in areas with investment incentives under investment laws, border
districts, or island districts do not attract investors, the State shall
allocate land or lease out land to public service providers for investing in
construction and trading of infrastructure of industrial zones and industrial
clusters.
3. Investors who have been leased
land by the State to invest in constructing and trading infrastructure of
industrial zones and industrial clusters with annual land rent payments are
entitled to switch to the mode of land lease under one-off arrangement for all
or part of the business land area.
For the land leased with annual
land rent payments, the investor has the right to sublease the land with annual
land rent payments; For the land leased under one-off arrangement, the investor
has the right to sublease the land under one-off arrangement or annual land
rent payments; For the land for construction of infrastructure for common use
in an industrial zone or industrial cluster according to the construction
planning approved by a competent authority, the investor is not required to pay
land rent.
4. The land use term of an
investment project in an industrial zone or industrial cluster depends on the
operating term of the investment project.
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5. People who sublease land affixed
to infrastructure in industrial zones and industrial clusters shall have the
following rights and obligations:
a) In case the people sublease land
under one-off arrangement, they shall have the rights and obligations specified
in Article 33 of this Law;
b) In case the people sublease land
with annual land rent payments, they shall have the rights and obligations
specified in Article 34 of this Law.
6. The investor shall sublease the
land on which infrastructure has been invested included in a land bank to small
and medium-sized enterprises and establishments relocated due to environmental
pollution.
The State has a policy on reducing
the rent for sub-leased land in industrial zone or industrial cluster for the
cases specified in this clause. The reduced rent for sub-leased land will be
returned to the investor through a reduction from the land rent that the
investor must pay in accordance with the law on land rent collection.
The People’s Committee of the
first-level administrative division shall, based on the actual situation in the
division, determine the land bank for small and medium-sized enterprises and
establishments relocated due to environmental pollution.
7. The land for construction of
worker accommodation in an industrial zone according to planning shall be
managed as commercial land and given incentives according to the law.
8. The People's Committee of a
first-level administrative division shall determine the need to build housing
areas and public works outside an industrial zone serving the lives of workers
working in the industrial zone to integrate into land use planning, land use
plans, urban planning, rural planning; arrange a land bank, allocate land to
the People's Public Security Forces to ensure security and order in the
industrial zone.
9. The Government of Vietnam shall
elaborate this Article.
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1. Land used for an economic zone
is the land area used for functional zones including:
a) Land used for free trade zones,
export processing zones, and industrial parks;
b) Land used for entertainment
areas and tourist areas;
c) Land used for urban areas and
residential areas;
d) Land used for administrative
areas and other functional areas in accordance with the characteristics of each
economic zone to create a particularly favourable investment and business
environment for investors.
2. The establishment and expansion
of the economic zone must be consistent with approved provincial planning to
ensure economical and effective land use.
3. Land repossession, land
allocation and land lease in the economic zone shall comply with the provisions
of this Law.
4. The management board of the economic
zone shall cooperate with units and organizations in charge of recompense
provision and site clearance to recompense for, support and resettle the
repossessed land area in the economic zone.
5. The land use term of land for
production and trading in the economic zone shall comply with Article 172 of
this Law.
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7. The State encourages investment
in construction and trading of infrastructure of the economic zone.
8. Land use regulations, rights and
obligations of users of land in the economic zone shall be applied to each land
type according to the provisions of this Law.
9. The Government of Vietnam shall
elaborate this Article.
Article 204.
Land used for high-tech zones
1. Land used for a high-tech zone
is the land serving high-tech activities according to the law on high
technology and relevant laws, including land for high-tech agricultural zones
and high-tech forestry zones. The use of land for the high-tech zone must be
consistent with land use planning, land use plans, construction planning
approved by competent authorities.
When planning and establishing the
high-tech zone, it is necessary to simultaneously plan and build housing areas
and public works outside the high-tech zone to serve the lives of experts and
workers working in the high-tech zone.
2. The State leases out land with
annual land rent collection or under one-off arrangement to invest in
construction and trading of infrastructure of the high-tech zone. The land use
term of land in the high-tech zone depends on the operating term of the
investment project but must not exceed 70 years.
3. Any user of land in the
high-tech zone must use their land for the intended purpose stated in the land
allocation decision, land lease contract, shall be issued a certificate of
title and have the following rights and obligations:
a) In case the land user subleases
land under one-off arrangement, they shall have the rights and obligations
specified in Article 33 of this Law;
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4. The State encourages
individuals, business organizations, persons of Vietnamese descent residing
overseas, foreign-invested business organizations to invest in construction and
trading of infrastructure in the high-tech zone and use land for scientific and
technological development purposes.
5. The People's Committee of the
first-level administrative division shall arrange a land bank, allocate land to
the People's Public Security Forces to ensure security and order in the
high-tech zone.
6. The Government of Vietnam shall
elaborate this Article.
Article 205.
Land used for mineral-related activities
1. Land used for mineral-related
activities includes land for mineral exploration and exploitation and areas of
auxiliary works for mineral-related activities.
2. The use of land for
mineral-related activities shall comply with the following regulations:
a) Have a mineral exploration and
exploitation permit in accordance with mineral laws;
b) Obtain a decision to lease land
from a competent regulatory agency for mineral exploitation or use for
auxiliary works serving mineral exploitation and processing. In case of mineral
exploitation without using topsoil and affecting the use of the ground, the
land is not required to be leased;
c) Apply appropriate technological
measures to exploit and use land reasonably and economically during the process
of using land for mineral exploration and exploitation. Implement environmental
protection measures, waste treatment and other measures to avoid causing damage
to users of land in the area and surrounding areas;
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3. The People's Committee of the
first-level administrative division shall consider, arrange a land bank and
allocate land to the People's Public Security Forces to ensure security and
order in the area of mineral-related activities upon request.
Article 206.
Commercial land, non-agricultural production establishment land
1. Commercial land includes land
for construction of commerce and service establishments and other works serving
the business, trading and services.
Non-agricultural production
establishment land includes land for construction of non-agricultural
production establishments outside an industrial park or industrial cluster.
2. The use of commercial land or
non-agricultural production establishment land must be in accordance with land
use planning, land use plans, urban construction planning, planning for
construction of rural residential areas that have been approved by competent
authorities, and regulations on environmental protection.
3. A business organization or
individual can use commercial land or non-agricultural production establishment
land through lease of the land from the State; receipt of LURs or rights to
lease/sublease land that are disposed, receipt of LURs that are contributed as
capital from another business organization or individual, person of Vietnamese
descent residing overseas; sublease of the land affixed to infrastructure of a
foreign-invested business organization.
A person of Vietnamese descent
residing overseas can use commercial land or non-agricultural production
establishment land through lease of the land from the State; lease or sublease
of the land from a business organization, individual or person of Vietnamese
descent residing overseas; sublease of the land affixed to infrastructure of a
foreign-invested business organization. A person of Vietnamese descent residing
overseas falling under the subjects specified in clause 1 Article 44 of this
Law may receive LURs through inheritance or donation to use as premises to
build a commerce and service establishment or non-agricultural production
establishment.
A foreign-invested business
organization can use commercial land or non-agricultural production
establishment land through lease of the land from the State; lease or sublease
of the land from a business organization or person of Vietnamese descent
residing overseas; sublease of the land affixed to infrastructure of a
foreign-invested business organization; receipt of LURs that are contributed as
capital from a business organization, another foreign-invested business
organization, or a person of Vietnamese descent residing overseas.
Article 207.
Land used for public purposes; land for carrying out PPP projects
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2. For land used for public purposes,
the area of land used for non-business purposes and land used for business
purposes must be clearly delineated.
For the area of land used for
non-business purposes, the State shall allocate land without land levy
collection according to Article 118 of this Law; For the area of land used for
commercial purposes, the State shall lease out land according to Article 120 of
this Law.
3. The State allocates land or
leases out land to investors for carrying out land-based PPP projects according
to the provisions of this Law.
4. Land management and use
regulations and financial obligations for carrying out PPP projects shall
comply with the provisions of this Law and the Law on PPP Investment.
5. The People's Committees of
first-level administrative divisions shall arrange land banks, allocate land to
the People's Public Security Forces upon request to ensure security and order
in the zones of land used for public purposes, land for carrying out PPP
projects.
Article 208.
Land used for civil airports and aerodromes
1. Land used for a civil airport or
aerodrome includes:
a) Land for construction of
headquarters of regulatory agencies, units of the people's armed forces at the
airport or aerodrome, land for construction of aerodrome infrastructure works
and other auxiliary works and areas of the aerodrome owned by the State;
b) Land for construction of items
belonging to airport infrastructure and works related to aviation services,
non-aviation services not included in point a of this clause.
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a) Land allocation without land
levy collection in terms of the land specified in point a clause 1 of this
Article;
b) Land lease with annual land rent
collection in terms of the land specified in point b clause 1 of this Article;
c) The remaining land area after the
land allocation or land lease specified in point a and point b of this clause
shall be allocated to the Airports Authority of such aerodrome for management.
3. The People's Committee of the
first-level administrative division shall arrange a land bank, allocate land to
the People's Public Security Forces to ensure security and order in the airport
or aerodrome.
4. In case a land-based PPP project
is applied to the airport or aerodrome, regulations in Article 207 of this Law
shall be applied.
5. The Government of Vietnam shall
elaborate this Article.
Article 209.
Land reserved for railways
1. Land reserved for a railway
includes:
a) Land for construction of
national and urban railway infrastructure; Land for construction of
headquarters of regulatory agencies for regular operations in the railway
station;
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c) Land for construction of service
works related to passenger transport, freight transport and other commercial
service business works within the land for construction of railway
infrastructure.
2. The allocation or lease of land
reserved for the railway shall be carried out as follows:
a) Land allocation without land levy
collection in terms of the land specified in point a clause 1 of this Article;
b) Land lease with annual land rent
collection and exemption from land rents in terms of the land specified in
point b clause 1 of this Article;
c) Land lease with annual land rent
collection in terms of the land specified in point c clause 1 of this Article.
3. The State considers issuing a
certificate of title to the land reserved for the railway that has been
allocated or leased out before the effective date of this Law according to mode
specified in clause 2 of this Article.
4. The People's Committee of the
first-level administrative division shall arrange a land bank, allocate land to
the People's Public Security Forces to ensure security and order in the area of
the railway station.
Article 210.
Land for construction of works and areas with safety corridors
1. Land for construction of a work
or area with a safety corridor includes:
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b) Land for construction of a
national defense work or military zone and land within the protection corridor,
protection area and safety belt of the work or military zone according to the
law on public management and protection of national defense works and military
zones.
2. The land for construction of the
work with the safety corridor must be used in a manner that ensures the
combination of exploitation of both the aerial and underground parts of the
land; types of works on the same land zone must be arranged in combination to
save land; and provisions of relevant laws must be complied with.
3. If land belongs to the safety
corridor of the work, protection area or safety belt, the land user may
continue using the land according to the determined purpose and according to
the law; must not obstruct the safety protection of the work or area with the
safety corridor, except in cases where relocation is required according to
relevant laws.
If the use of land belonging to the
safety corridor, protection area or safety belt affects the safety protection
of the work or area with the safety corridor, the owner of the work or land
user must take remedial measures. If the problem cannot be remedied, the State
will repossess the land and give recompense in accordance with the law.
4. The agency or organization
directly managing the work or area with the safety corridor shall publicly
announce the boundary marker of the safety corridor, protection area or safety
belt and be primarily responsible for the safety protection of the work or area
with the safety corridor; In cases where the land belonging to the safety
corridor, protection area or safety belt is trespassed, appropriated or
illegally used, it must be promptly reported to the People's Committee of the
third-level administrative division to which the safety corridor that is
trespassed, appropriated or illegally used belongs for handling.
The use of land within the
protection area or safety belt of the national defense work and military zone
shall comply with the Law on management and protection of national defense
works and military zones.
5. The People's Committees of
administrative divisions at all levels to which the work or area with the
safety corridor belongs shall cooperate with the agency or organization
directly managing the work or area in disseminating laws on safety protection
of works and areas; publicly announce the land use boundary marker within the
safety corridor; promptly handle cases of trespass, appropriation or illegal
use of the safety corridor of the work or area.
6. The Government of Vietnam shall
elaborate this Article.
Article 211.
Land with historical-cultural monuments, famous landscape, sights, natural
heritage
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a) The organization, individual or
population directly managing the land with the historical-cultural monument,
famous landscape, sight or natural heritage shall be primarily responsible for
the use of such land;
b) The People’s Committee of the
third-level administrative division to which the historical-cultural monument,
famous landscape, sight or natural heritage that does not fall under point a of
this clause belongs shall be responsible for the management of such land;
c) The People’s Committee of the
third-level administrative division to which the land with the
historical-cultural monument, famous landscape, sight or natural heritage that
is trespassed, appropriated, used for unintended purposes or used illegally
belongs shall be responsible for detecting, preventing and handling according
to its authority or recommending to competent agencies or people for handling
according to the law.
2. The use of the land with the
historical-cultural monument, famous landscape, sight or natural heritage for
both its main purpose and another purpose shall comply with the requirements
specified in Article 218 of this Law, the Law on Cultural Heritage and other
relevant laws.
3. Any user of the land in the
protected area of the historical-cultural monument, famous landscape or sight
under the Law on Cultural Heritage may exercise the rights of land users
according to this Law, provided that it does not affect the original elements
constituting the historical-cultural monument, famous landscape, sight, natural
landscape and environment - ecology of the monument; if the State repossesses
land for management or use for the purpose of restoring, protecting and
promoting value of the historical-cultural monument, famous landscape or sight,
recompense, support or resettlement shall be provided according to this Law.
Article 212.
Belief land
1. Belief land is land with belief
works including communal houses, temples, shrines, hermitages, or family
churches and other belief works thereon; Pagodas do not fall under Clause 1,
Article 213 of this Law.
2. The belief land must be used for
the intended purpose and in accordance with the land use planning, land use
plans and construction planning approved by competent authorities.
3. The use of the belief land for
both its main purpose and commercial purposes must ensure the requirements
specified in clause 2 Article 218 of this Law.
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1. Religious land includes land for
construction of religious facilities, headquarters of religious organizations
or affiliated religious organizations and other legal religious works.
2. The State allocates land without
land levy collection if the land is used for construction of religious
facilities, headquarters of religious organizations or affiliated religious
organizations.
3. The State leases out land with
annual land rent collection if the land used by religious organizations or
affiliated religious organizations does not falling under clause 2 of this
Article.
4. The People’s Committees of
first-level administrative divisions shall, based on the actual needs for
religious activities and the availability of land banks of the divisions, set
limits and decide land area allocated to religious organizations and affiliated
religious organizations in the divisions.
5. The use of religious land for
both its main purpose and commercial purposes must ensure the requirements
specified in clause 2 Article 218 of this Law.
6. If the State repossesses the
religious land specified in clause 2 of this Article, land in a new location
suitable to the local land bank and religious activities of believers will be
arranged.
Article 214.
Land used for cemeteries, funeral service centers, cremation centers; land for
ashes storage facilities
1. Land used for cemeteries,
funeral service centers, cremation centers; land for ashes storage facilities
must be centrally planned in accordance with land use planning, construction
planning and in a manner that is hygienic and ensures environmental protection
and land-saving.
2. The establishment of cemeteries,
funeral service centers, cremation centers and ashes storage facilities that is
contrary to land use planning, land use plans and construction planning
approved by competent authorities shall be strictly prohibited.
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a) Land allocation with land levy
collection for construction of ashes storage facilities, for carrying out
cemetery infrastructure investment project in order to convey LURs of land
affixed to ash storage infrastructure;
b) Land lease for construction of
funeral service centers, cremation centers.
4. Land used for cemeteries,
funeral service centers, cremation centers or land for ashes storage facilities
not falling under clause 3 of this Article shall be allocated to the People’s
Committees of third-level administrative divisions or public service providers
for management.
Article 215.
Dedicated water-covered land and land covered by rivers, streams, canals,
creeks and streams
1. Dedicated water-covered land is
water-covered land of hydrological objects such as ponds, lakes and lagoons
used for determined purposes other than aquaculture purpose.
2. Based on the determined main
purposes, dedicated water-covered land and land covered by rivers, streams,
canals, creeks or streams shall be managed and used as follows:
a) The State allocates land to
organizations for management in combination with use and exploitation of
dedicated water-covered land for non-agricultural purpose or for both
non-agricultural purpose and aquaculture and fishery purpose;
b) The State leases out land
covered by rivers, streams, canals, creeks or streams with annual land rent
payments to business organizations, individuals, persons of Vietnamese descent
residing overseas or foreign-invested business organizations for aquaculture
purpose or for non-agricultural purpose or for both non-agricultural purpose
and aquaculture purpose, provided that water resources laws are complied with;
c) The State leases out land
covered by a hydroelectric lake or irrigation lake for use for both its main
purpose and non-agricultural purpose or aquaculture and fishery purpose
according to its authority;
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3. The exploitation and use of
dedicated water-covered land and land covered by rivers, streams, canals,
creeks and streams must not affect the determined main purposes; must comply
with technical regulations of relevant industries and fields and regulations on
landscape and environment protection; does not obstruct the natural flow; does
not obstruct waterway traffic.
Article 216.
Land for construction of underground works
1. Land for construction of an underground
work includes land for construction of an above-ground work serving the
operation, exploitation and use of the underground work and the underground
space for construction of the underground work which is not the underground
part of the above-ground work.
2. The land user is entitled to
convey, lease or sublease the underground space after being determined by the
State according to the law on construction, law on urban planning, and law on
architecture.
3. The State encourages
organizations and individuals to use capital, techniques and technology to
implement underground construction projects and has support and incentive
policies for investors according to the law.
4. The use of the land for
construction of the underground work must ensure the following requirements:
a) Ensure national defense,
security, environmental protection, sustainable development, protection of
historical-cultural monuments, famous landscape and sights;
b) Be consistent with the construction
planning, urban planning;
c) Recompense according to the law
in cases where the underground work causes damage to the user of the land on
the surface of the underground work;
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dd) Comply with construction laws.
5. The allocation or lease of the
land for construction of the above-ground work serving the operation,
exploitation and use of the underground work shall be carried out as follows:
a) Allocate the land without land
levy collection in cases where the land for construction of the above-ground
work serving the operation, exploitation and use of the underground work is
used for a non-business purpose;
b) Lease out the land with annual
land rent payments in cases where the land for construction of the above-ground
work serving the operation, exploitation and use of the underground work is
used for a business purpose.
6. The issuance of a certificate of
title to the land for construction of the underground work shall comply with
the following regulations:
a) The investor of the underground
construction project is granted a certificate of title to the area of land for
construction of the above-ground work serving the operation, exploitation and
use of the underground work and exercise the rights of land users according to
the provisions of this Law;
b) The investor of the underground
construction project is certified to own the underground work and exercise the
rights of owners according to the law.
7. The Government of Vietnam shall
elaborate this Article.
Article 217.
Land managed by agencies/organizations of the State
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a) Land used for public purposes;
b) Land covered by rivers, streams,
canals, creeks, streams, ponds, lakes, lagoons;
c) Land used for cemeteries,
funeral service centers and cremation centers; land for ashes storage
facilities;
d) Dedicated water-covered land;
dd) Dedicated forest land,
protective forest land, production forest land;
e) Land repossessed and allocated
by the State to land bank development organizations for management;
g) Land repossessed and allocated
by the State to the People's Committees of third-level administrative divisions
for management in the cases mentioned in Point dd, Clause 1 and Clause 3,
Article 82; Clause 2, Article 82 in rural areas; Clause 5, Article 86; Point e,
Clause 2, Article 181 of this Law;
h) Land reallocated or received
through LUR disposition from foreign diplomatic organizations when there is no
need to use the land on the basis of international treaties, international
agreements and regulations of relevant laws;
i) Agricultural land used for
public purposes of communes, wards or commune-level towns;
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2. The agency or organization of
the State allocated to manage the land bank specified in clause 1 of this
Article are responsible for managing and preserving the land area allocated for
management; the use of the above-mentioned land bank shall comply with the
corresponding land use regulations according to the provisions of this Law.
Article 218.
Use of mixed-use land
1. The following land types can be
used for multiple purposes:
a) Agricultural land used for both
its main purposes and commercial, animal husbandry and medicinal plant growing
purposes;
b) Land used for both public
purposes and commercial purposes;
c) Land for construction of public
works used for its main purposes and commercial purposes;
d) Homestead land used for both its
main purposes and agricultural purposes or commercial purposes, public works
used for business purposes;
dd) Water-covered land used for multiple
purposes according to Articles 188, 189 and 215 of this Law;
e) Religious land or belief land
used for both its main purposes and commercial purposes;
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2. The use of mixed-use land must
satisfy the following requirements:
a) Do not change the type of land
according to the land classification specified in Clauses 2 and 3, Article 9
and determined in the instruments specified in Article 10 of this Law;
b) Do not lose the necessary
conditions to return to use the land for the main purpose;
c) Do not affect national defense
and security;
d) Limit impacts on conservation of
natural ecosystems, biodiversity, and environmental landscape;
dd) Do not affect the use of land
of adjacent parcels;
e) Fulfill all financial
obligations according to regulations;
g) Comply with relevant laws.
3. In case a public service
provider uses land for construction of public works for both its main purpose
and commercial purposes, the land will be put up for lease with annual land
rent payments.
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a) Information about the land
parcel or land zone in use: location, area, land use mode; land use term;
b) Area, purpose of use of the
mixed-use land, land use term of the mixed-use land;
c) Contents that meet the
requirements according to the law on environmental protection and other
relevant laws.
5. The Government of Vietnam shall
elaborate this Article.
Article 219.
LUR contribution and land readjustment
1. LUR contribution or land
readjustment is a method of rearranging land in a certain land zone on the
basis of the consent of the land user to readjust the whole or part of the land
area under their LURs in that zone according to an arrangement approved by a
competent authority.
2. The LUR contribution or land
readjustment shall be carried out in the following cases:
a) Concentration of agricultural
land for production;
b) Implementation of projects to
beautify and develop rural residential areas, expand and upgrade rural roads;
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3. Conditions for contributing LURs
or readjusting land are prescribed as follows:
a) Be in conformity with the land
use planning and land use plans, construction planning and urban planning that
have been approved by competent authorities;
b) Have an arrangement for LUR
contribution or land readjustment which is agreed upon by the land user in the
land zone where the LUR contribution or land readjustment is expected to be
agreed with and approved by the People's Committee of a first-level
administrative division for the case specified at Point c, Clause 2 of this
Article, and approved by the People's Committee of a second-level
administrative division for the case specified at Point b, Clause 2 of this
Article.
4. The arrangement for LUR
contribution or land readjustment must contain the following contents:
a) The current use of land in the
zone to be readjusted and the parties contributing LURs;
b) The land rearrangement plan,
which must show the plan on design of technical infrastructure, social
infrastructure, environmental infrastructure, and proportion of land area that
the land user has contributed to construct technical infrastructure works and
provides public services;
c) The location and area of land
that the land user receives back after the implementation of the land
adjustment arrangement.
5. The area of land managed by an
agency or organization of the State in a zone where the LUR contribution or
land readjustment is carried out shall be used as follows:
a) Use the land for construction or
upgrading of the infrastructure system and public services in a residential
area;
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6. The LUR contribution or land
readjustment requires to have an investment project implemented by the land
user community itself or a consortium or an association with investors in
accordance with the law.
7. The People’s Committees of
first-level administrative divisions and second-level administrative divisions
shall:
a) Provide information on the current
use of land, land use planning and plans; construction planning; urban planning
approved by competent authorities related to areas of LUR contribution or land
readjustment;
b) Issue certificates of title
according to the approved arrangements for LUR contribution or land
readjustment
8. The Government of Vietnam shall
elaborate this Article.
Article 220.
Parcel subdivision and parcel consolidation
1. The parcel subdivision or parcel
consolidation must ensure the following principles and requirements:
a) One of the following
certificates has been issued for the land parcel to be subdivided or
consolidated: Certificate of LUR, certificate of home ownership and LURs to
homestead land, certificate of LUR, ownership of housing and property affixed
to land, or certificate of title;
b) The land use term of the land
parcel does not expire;
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In case the land is in dispute but
the disputed area or boundary can be determined, the remaining area or boundary
that is not in dispute of that land parcel may be subdivided or consolidated;
d) The parcel subdivision or
consolidation requires pathways to be made; connections to existing public
roads; water supply, drainage and other necessary needs to be provided in a
reasonable manner. In case a land user reserves a part of the area of a
homestead land parcel or a land parcel with homestead land and other land in
the same land parcel for use as a pathway, the repurposing of the area of land
used as the pathway is not required upon the parcel subdivision or
consolidation.
2. In addition to the principles
and requirements specified in Clause 1 of this Article, the following
requirements must also be met upon land subdivision:
a) For the land type that is being
used according to regulations of the People’s Committee of a first-level
administrative division, requirements for the minimum area of land parcels
after subdivision must be met;
In case the area of the land parcel
being subdivided is smaller than the minimum area required to be able to
subdivide, the land parcel must be consolidated with the adjacent land parcel
at the same time;
b) In case of repurposing a part of
the land parcel, the parcel must be subdivided. The minimum area of the
parcel after subdivision must be equal to or greater than the minimum area of
the land type after repurposing. If the land parcel includes homestead land
and other land, it is not required to subdivide the land parcel when
repurposing a part of the land parcel, except for the cases where the land user
wishes to subdivide the parcel;
c) If LURs are divided according to
a judgment or decision of a Court but requirements, area, and size of the
parcel being subdivided are not met upon LUR division, the parcel shall not be
subdivided.
3. In addition to the principles
and requirements specified in Clause 1 of this Article, the following
requirements must also be met upon parcel consolidation:
a) The parcels being consolidated
must be used for the same purpose, within the same land use term and with the
same land rent payment method, except for cases where all or part of a land
parcel with homestead land and other land in the same land parcel are
consolidated together and cases where a land parcel with homestead land and
other land in the same land parcel is consolidated with the homestead land
parcel;
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4. The People’s Committees of
first-level administrative divisions, based on the regulations in clauses 1, 2
and 3 of this Article, other relevant laws and local customs and practices,
specifically stipulate parcel subdivision or consolidation requirements and
minimum area of parcels after subdivision or consolidation applicable to each
type of land.
Article 221.
Management of unused land
1. The People's Committees of
third-level administrative divisions are responsible for managing and
protecting unused land in their divisions, registering them in cadastral
records and submitting reports to the immediate superior People's Committees on
the situation of unused land bank management and exploitation.
2. The People’s Committees of
first-level administrative divisions are responsible for managing unused land
on islands which has not been allocated to second-level/third-level
administrative divisions for management.
Article 222.
Putting unused land into use
1. On the basis of the land use
planning or plan that has been approved by a competent authority, the People’s
Committees at all levels shall prepare a plan to put unused land into use.
2. The State encourages investment
from organizations and individuals to put unused land into use according to the
land use planning or plan approved by the competent authority.
3. For the area of land planned for
agricultural purposes, priority will be given to local residents (individuals)
who have not been allocated or lack land for production.
4. The State has an infrastructure
investment policy for border areas, islands, areas with difficult
socio-economic conditions, areas with extremely difficult socio-economic
conditions, or areas with low population density and large amounts of land to
implement the plan to put unused land into use; has a policy of exemption or
reduction of land levies or land rents in cases of allocation or lease of
unused land for use.
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Chapter XIV
LAND-RELATED ADMINISTRATIVE
PROCEDURES
Article 223.
Land-related administrative procedures
1. Land-related administrative
procedures include:
a) Procedures for land
repossession, land allocation, land lease, land repurposing, land use
extension, land use term adjustment;
b) Procedures for registration of
land and property affixed to land;
c) Procedures for issuance of
certificates of title, procedures for correction, revocation or cancellation of
granted certificates;
d) Procedures for exercise of land
users' rights;
dd) Procedures for parcel
subdivision or consolidation;
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g) Procedures for mediation of land
disputes or resolution of land disputes at administrative agencies;
h) Procedures for penalties for
administrative violations against regulations on land;
i) Procedures for provision of
land-related information or data;
k) Other land-related
administrative procedures.
2. The Government of Vietnam shall
elaborate this Article.
Article 224.
Principles of following land-related administrative procedures
1. Ensuring equality, objectivity,
openness, transparency and close, prompt and accurate coordination between
competent authorities during the resolution of administrative procedures.
2. Make sure the land-related
administrative procedures are simple, easy to understand, easy to implement,
integrated into other land-related administrative procedures in order to save
time, cost and effort of organizations, individuals and competent authorities,
thereby contributing to administrative reform.
3. Organizations and individuals
applying for land-related administrative procedures are responsible before the
law for the accuracy and truthfulness of the declared contents and documents in
their submitted applications.
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5. The authority processing
land-related administrative procedures is responsible for implementing within
its authority and within the period prescribed by law, and is not responsible
for the contents of the documents and instruments contained in the application
that have been previously accepted, appraised, approved or resolved by other competent
agencies or persons.
Article 225.
Announcement and publicity of land-related administrative procedures
1. After being approved by a
competent authority, land-related administrative procedures must be published
according to the Government's regulations on administrative procedure control.
2. Publicized contents of
land-related administrative procedures include:
a) The competent authority
receiving the applications and returning results; the authority processing
land-related administrative procedures; subject following administrative
procedures;
b) Processing time for each
administrative procedure;
c) Composition and quantity of
applications for each administrative procedure;
d) Process and responsibility for
processing each administrative procedure;
dd) Financial obligations, fees and
charges payable for each administrative procedure;
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3. The publicity of the contents
specified in Clause 2 of this Article is carried out in the form of regular
posting at the headquarters of the authority receiving the applications and
returning results; posting on the National Public Service Portal and
ministerial/provincial public service portals, and the websites of the People's
Committees of second-level/third-level administrative divisions.
Article 226.
Responsibilities for implementing land-related administrative procedures
1. Ministries and central
authorities shall, according to their functions, tasks and powers, cooperate in
directing, guiding and inspecting the implementation of land-related
administrative procedures, ensure consistency between land-based administrative
procedures and other related administrative procedures.
2. The People's Committees at all
levels shall direct, guide, inspect and organize the implementation of
administrative procedures in their areas; regulate cooperation between relevant
local authorities to process land-related administrative procedures and other
related administrative procedures; organize the implementation of
administrative procedures by electronic means.
3. The competent authority
processing land-related administrative procedures must comply with the
prescribed order and procedures and publicize administrative procedure
processing results.
Article 227.
Order and procedures for permitting land repurposing
Cases of land repurposing must be
permitted by a competent regulatory agency according to the provisions of this
Law and carried out according to the following order and procedures:
1. The land user shall submit an
application for land repurposing according to regulations.
2. The land authority shall check
requirements for land repurposing. In case the application does not meet
regulations, the land user shall supplement the application under the land
authority’s instructions and submit it to the land authority again.
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a) In case of applying land prices
in the land price list for calculation of land levy or land rent, the land
authority shall prepare and submit an application to the competent People’s
Committee for issuance of a decision to permit land repurposing, land
allocation or land lease;
b) In case of determining specific
land prices for calculation of land levy or land rent, the land authority shall
prepare and submit an application to the competent People’s Committee for
issuance of a decision to permit land repurposing, land allocation or land
lease; organize the land price determination, submit land prices for
calculation of land levy or land rent to the competent authority for approval.
4. The land user shall submit their
land levy or land rent according to the law; in cases where the land levy or
land rent is reduced, the collector shall give a reduction in land levy or land
rent to the land user.
5. The land authority shall
conclude a land lease contract in case the State leases out land; transfer the
application to a land registration authority or a branch of a land registration
authority which will register, issue a certificate of title, update and adjust
land-related databases, cadastral records and award the certificate of title to
the land user.
6. In case of receipt of LURs
through disposition and land repurposing, procedures for registering LUR
disposition can be carried out simultaneously with procedures for land
repurposing according to this Article.
Article 228.
Procedures for land allocation or land lease in cases of land allocation or
land lease without LUR auction or bidding for selection of investors carrying
out the land-based projects and in cases of land allocation or land lease
through bidding for selection of investors carrying out the land-based projects
In cases where the State allocates
or leases land according to Article 124 and Article 126 of this Law, procedures
are as follows:
1. The organizations or individual
shall submit an application for land allocation or land lease;
2. The land authority shall:
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b) In case of applying land prices
in the land price list for calculation of land levy or land rent, the land
authority shall prepare and submit an application to the competent People’s
Committee for issuance of a decision to allocate or lease out land and submit
the certificate of title for its signature;
c) In case of determining specific
land prices for calculation of land levy or land rent, the land authority shall
prepare and submit an application to the competent People’s Committee for
issuance of a decision to allocate or lease out land; organize the land price
determination, submit land prices for calculation of land levy or land rent to
the competent authority for approval and submit the certificate of title for
its signature;
3. The land user shall submit their
land levy or land rent according to the law; in cases where the land levy or
land rent is reduced, the collector shall give a reduction in land levy or land
rent to the land user;
4. The land authority shall
transfer the application to a land registration authority or a branch of a land
registration authority which will update and adjust land-related databases,
cadastral records; sign a land lease contract in cases where the State leases
out land; organize the on-site handover of land and award the certificate of
title to the land user.
Article 229.
Procedures for land allocation or land lease through LUR auctions
1. A LUR auction is prepared and
organized as follows:
a) The unit being assigned to
manage the land bank shall prepare an LUR auction arrangement and submit it to
the competent authority for approval;
b) The unit assigned to organize
the LUR auction shall prepare documents of the land zone, land parcel being
auctioned and send them to the land authority for submission to the competent
People's Committee which will issue a LUR auction decision;
c) The land authority shall
organize the determination of starting price of the land zone or land parcel
being auctioned, submit it to the competent People's Committee for approval;
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dd) The unit assigned to organize
the LUR auction shall select and sign a land lease contract with the unit
or organization conducting the LUR auction.
2. The unit or organization
conducting the LUR auction shall conduct the LUR auction according to the law
on property auctions.
3. The recognition of LUR auction
result is carried out as follows:
a) The unit assigned to organize
the LUR auction shall prepare an application and send it to a land authority,
which will submit it to the competent People's Committee for promulgation of a
decision to recognize the successful LUR auction result;
b) The competent People's Committee
shall sign the decision to recognize the successful LUR auction result for
promulgation and send it the land authority, unit assigned to organize the LUR
auction, tax authority and successful bidder.
4. The successful bidder shall pay
the land levy or land rent according to the law.
5. After the land levy or land rent
is paid in full by the successful bidder, the land authority shall:
a) Request the competent People’s
Committee to issue a decision to allocate or lease out land and sign the
certificate of title;
b) Transfer the application to a
land registration authority or a branch of a land registration authority which
will update or adjust land-related databases and cadastral records according to
regulations;
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6. The land authority shall take
charge and cooperate with the unit conducting the LUR auction and the People’s
Committee of the third-level administrative division to which the land belongs
in organizing an on-site handover of land and award the certificate of title to
the successful bidder.
Chapter XV
SUPERVISION, MONITORING AND
ASSESSMENT OF LAND MANAGEMENT AND USE; INSPECTION AND AUDIT; RESOLUTION OF LAND
DISPUTES, LAND-RELATED COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS
AGAINST LAND LAWS
Section 1.
SUPERVISION, MONITORING AND ASSESSMENT OF LAND MANAGEMENT AND USE
Article 230.
Supervision by the National Assembly, the Vietnamese Fatherland Front, and the
People's Councils at all levels of land management and use
The National Assembly, the
Vietnamese Fatherland Front and member organizations of the Front, People's
Councils at all levels exercise the right to supervise the land management and
use in accordance with the provisions of the Constitution and the Law on
supervisory activities of the National Assembly and People’s Councils, the Law
on Vietnamese Fatherland Front and the Law on local government organization.
Article 231.
Supervision by citizens of land management and use
1. Citizens, on their own or
through representative organizations, exercise rights to supervise, report and
request or propose competent authorities to handle violations in land management
and use.
2. The supervision, report and
request or proposal must be objective, honest and lawful; do not take advantage
of the right to supervise to make complaints or denunciations that do not
comply with the law and to disrupt social order; take responsibility before the
law for the accuracy of the reported information.
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a) Preparation, adjustment, public
announcement and development of land use planning and plans;
b) Land allocation, land lease,
land repurposing;
c) Land repossession, recompense,
support, resettlement;
d) Registration of land and
property affixed to land, issuance of certificates of LURs, certificates of
home ownership and LURs of homestead land, certificates of home ownership,
certificates of ownership of construction works, certificates of LURs,
ownership of housing and other property affixed to land or certificates of
title;
dd) Collection, exemption or
reduction of land levy, land rent or land tax; land valuation;
e) Implementation of administrative
procedures related to rights and obligations of land users.
4. Forms of the supervision by
citizens of land management and use include:
a) Directly exercise the right to
supervise through reporting and petitioning competent authorities to resolve;
b) Send petitions to representative
organizations recognized by law so that these organizations can carry out
supervision.
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a) Organize reception and
classification; Check, handle and respond in writing according to their
authority;
b) Transfer petitions to another
competent regulatory agencies to handle if such petitions fall outside their
jurisdiction;
c) Notify the results to reporters
or petitioners.
Article 232.
Monitoring and assessment of land management and use
1. Monitoring and assessment of
land management and use is the use of information in land management and use
activities and supervision activities to assess the enforcement of land laws;
efficiency of land management and use; impact of land policies and laws on the
economy, society and environment across the country and local areas.
2. Contents of the monitoring and
assessment include:
a) The organization and
effectuation of land law enforcement for land-related state management
agencies;
b) The compliance with land laws of
land users;
c) The efficiency of land
management and use; impact of land policies and laws on the economy, society
and environment;
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3. The monitoring and assessment
are carried out annually.
4. Responsibilities for monitoring
and assessment of the land management and use:
a) The Ministry of Natural
Resources and Environment shall assist the Government in monitoring and
assessing the land management and use of provinces and central-affiliated
cities; the use of land for projects of national significance subject to
investment guideline decision by the National Assembly and subject to
investment decision and approval by the Prime Minister and large-scale projects
using large areas of land;
b) The People’s Committees of
first-level administrative divisions shall monitor and assess the land management
and use of affiliated authorities of second-level administrative divisions;
assess the land management and use in the first-level administrative divisions;
c) The People’s Committees of
second-level administrative divisions shall monitor and assess the land
management and use of affiliated authorities of third-level administrative
divisions; assess the land management and use in the second-level
administrative divisions;
d) The People’s Committees of
third-level administrative divisions shall organize monitoring and assessment
of the land management and use in the third-level administrative divisions.
5. The Government of Vietnam shall
elaborate this Article.
Article 233.
System of monitoring and assessment of land management and use
1. System of monitoring and
assessment of land management and use is part of the NLIS and other information
collected from the land law enforcement nationwide, including:
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b) Information on settlement of
land disputes, land-related complaints and denunciations;
c) Information on the supervision
of the land law enforcement by citizens; National Assembly and People's
Councils at all levels; Vietnamese Fatherland Front and its member
organizations; other relevant organizations;
d) Necessary information that must
be obtained by using technological solutions including ground photography from
satellites, airplanes and other flying vehicles; obtained by conducting field
investigation and using other technical means;
dd) Necessary information from
sociological survey data on land management and use.
2. Land authorities shall update
information in the system of monitoring and assessment of land management and
use into the NLIS; manage the monitoring and assessment system; assist the
Government and the People’s Committees at all levels in organizing monitoring
and assessment of the land management and use.
3. The system of monitoring and
assessment of land management and use is made public for organizations and
individuals to find information according to the law.
Section 2.
INSPECTION, AUDIT, RESOLUTION OF LAND DISPUTES, LAND-RELATED COMPLAINTS OR
DENUNCIATIONS
Article 234.
Specialized land inspection and examination, land audit
1. Specialized land inspection is
the inspection by competent regulatory agencies of compliance with land laws,
professional and technical regulations and management rules in the land field
of agencies, organizations and individuals.
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3. Responsibilities for directing
and organizing specialized land inspection and examination are as follows:
a) The Ministry of Natural
Resources and Environment is responsible for directing and organizing
specialized land inspection and examination nationwide;
b) Provincial land authorities are
responsible for organizing specialized land inspection and examination;
c) District-level land authorities
are responsible for organizing specialized land examination.
4. Contents of land inspection and
examination include:
a) Inspect and examine compliance
with land laws by the People's Committees at all levels;
b) Inspect and examine compliance
with land laws by land users and other relevant organizations and individuals;
c) Inspect and examine compliance
with professional, technical, technical regulations and management rules in the
land field.
5. Tasks of specialized land
inspection and examination:
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b) Urge the implementation of land
guidelines, policies and laws; detect, prevent and handle according to
authority or propose competent regulatory agencies to handle violations of land
laws.
6. Duties and powers of Heads of
the inspection teams, inspectors, and officials conducting land-related
inspections, process and procedures for conducting land-related inspection
shall comply with inspection laws.
7. The State Audit audits the land
management and use in accordance with the provisions of the Law on State Audit
and other relevant laws.
8. The Government of Vietnam
elaborates specialized land examination.
Article 235.
Mediation of land disputes
1. The State encourages parties to
land disputes to mediate themselves, mediate at the grassroots in accordance
with the law on grassroots mediation, mediate according to the law on
commercial mediation or other mediation mechanism as prescribed by law.
2. Before a competent regulatory
agency resolves a land dispute as specified in Article 236 of this Law, the
disputing parties must mediate at the People's Committee of the third-level
administrative division to which the disputed land belongs. The mediation of
land dispute at the People's Committee of the third-level administrative
division to which the disputed land belongs shall be carried out as follows:
a) After receiving a petition for
land dispute mediation, the Chairperson of the People's Committee shall
establish a Land dispute mediation council to mediate the land dispute;
b) The composition of the Land
dispute mediation council includes: Chairperson or Vice Chairperson of the
People's Committee who is the Chairperson of the Council, representative of the
Vietnam Fatherland Front Central Committee at the same level, cadastral
officials and permanent residents who know clearly about the origin and use
process of the disputed land parcel (if any). Depending on each specific case,
representatives of other organizations or individuals may be invited to
participate in the Land dispute mediation council;
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d) The mediation must be recorded
in the minutes with signatures of all parties to the mediation and certified by
the People’s Committee as successful or unsuccessful. The mediation minutes
shall then be sent to the involved parties and archived at the People’s
Committee concerned.
dd) In case of the mediation is
unsuccessful and one or more disputing parties do not sign the minutes, the
Chairperson of the Council and members participating in the mediation must sign
the minutes, affix the seal of the People's Committee and send it to the
disputing parties.
3. Mediation of land disputes at
Court shall be carried out in accordance with the law on mediation and dialogue
at Court and the law on civil procedures. The mediation of disputes between
parties arising from commercial activities related to land by commercial
mediation shall comply with the law on commercial mediation.
4. In the case of land dispute
mediation specified in Clauses 1, 2 and 3 of this Article, if the successful
mediation which results in a change in the current boundaries, area, or land
users, within 30 working days from the date of receiving the document
recognizing the successful mediation result, the parties to the mediation must
send the document recognizing the successful mediation result to a competent
regulatory agency to register and issue a certificate of title according to
regulations.
5. For an administrative division
where the third-level tier affiliated to the People’s Committee of the
second-level administrative division is not established, the provisions in
Clause 2 of this Article shall not be applied. The authority to resolve land
disputes is prescribed in Article 236 of this Law.
Article 236.
Authority to resolve land disputes
1. Land disputes in which the
disputing parties or one of the disputing parties has a certificate of LURs,
certificate of home ownership and LURs of homestead land, certificate of home
ownership, certificate of ownership of construction works, certificate of LURs,
ownership of housing and other property affixed to land, certificate of title
or one of the instruments specified in Article 137 of this Law and disputes
over property affixed to land shall be resolved by Courts.
2. For land disputes in which the
disputing parties do not have a certificate of LURs, certificate of home
ownership and LURs of homestead land, certificate of home ownership,
certificate of ownership of construction works, certificate of LURs, ownership
of housing and other property affixed to land, certificate of title or one of
the instruments specified in Article 137 of this Law, the disputing parties may
choose one of two forms of land dispute resolution according to the following
regulations:
a) Submit a petition for dispute
resolution to the competent People's Committee as prescribed in Clause 3 of
this Article;
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3. In case the disputing parties
choose to resolve the dispute at the competent People's Committee, the land
dispute resolution will be carried out as follows:
a) The dispute between households,
individuals, or populations shall be resolved by the Chairperson of the
People's Committee of the second-level administrative division shall resolve.
After 30 days from the date of receiving the resolution decision of the
Chairperson of the People's Committee of the second-level administrative
division, if the disputing parties do not sue or complain according to this
point, the dispute resolution decision of the Chairperson of the People's
Committee of the second-level administrative division will take effect.
In case of disagreement with the
resolution decision, within 30 days from the date of receiving the resolution
decision of the Chairperson of the People's Committee of the second-level
administrative division, the disputing parties have the right to sue in court
according to the law on administrative proceedings or right to complain to the
Chairperson of the first-level administrative division. The resolution decision
of the Chairperson of the People’s Committee of the first-level administrative
division takes effect.
b) In case of a dispute in which
one disputing party is an organization, a religious organization, an affiliated
religious organization, a person of Vietnamese descent residing overseas, or a
foreign-invested business organization, the Chairperson of the first-level
administrative division shall resolve. After 30 days from the date of receiving
the resolution decision of the Chairperson of the People's Committee of the
first-level administrative division, if the disputing party does not sue or
complain according to this point, the dispute resolution decision of the
Chairperson of the People's Committee of the first-level administrative division
will take effect.
In case of disagreement with the
resolution decision, within 30 days from the date of receiving the resolution
decision of the Chairperson of the People's Committee of the first-level
administrative division, the disputing parties have the right to sue in court
according to the law on administrative proceedings or right to complain to the
Minister of Natural Resources and Environment. The resolution decision of the Minister
of Natural Resources and Environment takes effect.
4. The Chairperson of the People's
Committee of the second-level administrative division, the Chairperson of the
People's Committee of the first-level administrative division, and the Minister
of Natural Resources and Environment shall issue a dispute resolution decision
when resolving the land dispute specified in clause 3 of this Article. The
effective dispute resolution decision must be strictly abided by the parties
involved. After 30 days from the effective date of the dispute resolution
decision, the decision will be enforced if the parties or one of the parties
that does not abide by.
The Chairperson of the People’s
Committee of the second-level administrative division to which the disputed land
belongs which issued an enforcement decision shall implement the land dispute
resolution decision and organize the enforcement decision implementation.
5. Disputes between the parties
arising from commercial activities related to land shall be resolved by Courts
in accordance with the law on civil procedures or by arbitral tribunals in
accordance with the law on commercial arbitration.
6. The People's Committees at all
levels are responsible for providing records and documents related to land
management and use at the request of Courts or arbitral tribunals to serve as a
basis for land dispute resolution.
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Article 237.
Settlement of complaints and lawsuits related to land management
1. Land users and holders of land
use-related rights and obligations are entitled to lodge complaints about, or
file lawsuits against, administrative decisions or administrative acts in land
management.
2. The order and procedures for
settling complaints about administrative decisions or administrative acts
related to land management shall comply with the law on complaints. The order
and procedures for filing lawsuits against administrative decisions or
administrative acts related to land management shall comply with the law on
administrative procedures.
3. The collection, preservation,
use and storage of records and documents related to the settlement of
complaints related to land management shall comply with the law on complaints.
Article 238.
Settlement of denunciations of land management and use
1. Individuals are entitled to
denounce violations of the law on land management and use.
2. The settlement of denunciations
of violations of the law on land management and use shall comply with the law
on denunciations.
3. The collection, preservation,
use and storage of records and documents related to the settlement of
denunciations of land management and use shall comply with the law on
denunciations.
Section 3. Actions against violations of land laws
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Violators of land laws shall,
depending on the nature and seriousness of their violations, be
administratively sanctioned or examined for penal liability in accordance with
the law. If the violation causes damage, recompense must be given as prescribed
by law.
Article 240.
Actions against persons committing violations of land management laws during
performance of duties
1. Violators of land management
laws shall, during performance of duties, depending on the nature and seriousness
of their violations, be administratively sanctioned or examined for penal
liability in accordance with the law for the following violations:
a) Make corrupt use or misuse of
positions and powers to commit illegal acts in land use planning and plans, land
allocation, land lease, land repurposing, land repossession, land requisition,
recompense, support, resettlement, determination of financial obligations
related to land, management of cadastral records, application for or issuance
of certificates of LURs, certificates of home ownership and LURs of homestead
land, certificates of home ownership, certificates of ownership of construction
works, certificates of LURs, ownership of housing and other property affixed to
land or certificates of title, or issuance of administrative decisions in land
management;
b) Lack responsibility in
management which lets violations of land laws occur, or commit other acts which
cause damage to the State’s interests, the legal rights and obligations of land
users;
c) Violate regulations on
consultation, publicization and publicity of information; violate regulations
on administrative order and procedures; violate reporting regulations in land
management.
2. The Government elaborates
violations of land management laws committed during performance of duties that
are subject to disciplinary action as prescribed in Clause 1 of this Article.
Article 241.
Responsibilities in detecting, preventing and handling violations of land
management and use laws
1. Chairpersons of the People’s
Committees at all levels shall:
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b) Chairpersons of the People's
Committees of third-level administrative divisions shall, within their
competence, regularly inspect, timely detect, prevent and handle failures to
apply for land registration; trespass to land, land repossession, land destruction;
land use for unintended purposes; illegal disposition or receipt of LURs and
other violations of land laws by land users.
2. The heads of
provincial/district-level land authorities shall inspect, urge and guide the
performance of public duties by officials; promptly and legally resolve, within
their competence, or request competent authorities to resolve complaints,
denunciations and recommendations of individuals, organizations and promptly
handle violations of land management and use laws in their divisions within
their competence.
3. Cadastral officials of
third-level administrative divisions; officials and public employees under land
authorities at all levels, when performing duties, are responsible for
detecting and proposing timely handling of violations of land laws.
Article 242.
Receipt and handling of violations by heads, officials and public employees
affiliated to land authorities at all levels and cadastral officials of third-level
administrative divisions
1. Any organization or individual
that discovers violations in land management by officials or public employees
affiliated to land authorities at all levels or cadastral officials of
third-level administrative divisions may submit a petition to a competent
person according to the following regulations:
a) Regarding a violation by a
cadastral official of a third-level administrative division, the petition shall
be submitted to the Chairperson of the People’s Committee of the third-level
administrative division;
b) Regarding a violation by an
official or public employee affiliated to a land authority of an administrative
division, the petition shall be submitted to the head of the land authority of
such division;
c) Regarding a violation by the
head of a land authority of an administrative division, the petition shall be
submitted to the Chairperson of the People’s Committee at the same level;
2. Within 30 days from the date of
receiving the petition, the Chairperson of the People’s Committee or the head
of the land authority specified in clause 1 of this Article shall consider,
process and inform the resolution results in writing to the petitioner.
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IMPLEMENTATION CLAUSES
Section 1. Amendments to certain Articles of Laws and
Resolutions of the National Assembly related to land
Article 243.
Amendments to Law on Planning No. 21/2017/QH14 which was amended by Law No.
15/2023/QH15, Law No. 16/2023/QH15 and Law No. 28/2023/QH15
1. Amendments to Clause 2 of
Article 24:
“2. The national land use planning
includes the following main parts:
a) Analysis and assessment of
factors, natural conditions, resources, conditions directly affecting and use
of land by fields and sectors.
b) Forecasting of trends in
fluctuation of land use;
c) Determination of viewpoints and
objectives for land use during the new period;
d) Land use orientation of the
country and socio-economic regions, land use vision meeting the requirements
for socio-economic development; assurance of national defense, security;
environment protection and adaption to climate change;
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e) Solutions and resources for
development of the land use planning.".
2. Amendments to certain Clauses of
Article 25:
a) Amendments to the introductory
paragraph of Clause 4:
“4. The national natural resource
use planning, excluding national defense land use planning, security land use
planning, including the following contents:".
b) Addition of Clause 4a to after
Clause 4:
“4a. The national defense land use
planning or security land use planning includes the following main parts:
a) National defense or security
land use orientation;
b) Determination of the need to use
national defense or security land during the land use planning period in
accordance with the national master plan; national defense or security tasks
and the national socio-economic development plan;
c) Phasing of the national
defense/security land use planning for each 5-year plan period;
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c) Amendments to Clause 7:
“7. The Government shall elaborate
the contents of the national sector planning that are specified in Clauses 3,
4, 4a, 5 and 6 of this Article and provide for integration of planning into the
national sector planning.
The formulation, appraisal,
approval and adjustment of the detailed planning for development of the
contents specified in Clauses 3, 4, 4a, 5 and 6 of this Article shall be carried
out in accordance with relevant regulations of law.”.
3. Amendments to point 1 Clause 2
Article 27:
“l) Land use orientation for each
second-level administrative subdivision;”.
4. Addition of the planning number
1a to before number 1 of Appendix II on the List of detailed planning:
No
Name of planning
Applicable document
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Provincial land use planning
Land Law No. 31/2024/QH15
Article 244.
Amendments to Clause 4 Article 44 of Law on Fisheries No. 18/2017/QH14
“4. Time limit of allocation of
marine waters for aquaculture shall be 50 years from the effective date of the
decision to allocate the marine waters. At the end of the abovementioned
period, the State considers extending the allocation of marine waters for organizations
or individuals wishing to continue using the allocated marine waters. The
allocation period may be extended more than once but total extension period
shall not exceed 20 years. The period of allocation of marine waters to
organizations or individuals in Vietnam performing science and technology
missions for aquaculture shall not exceed the period of these missions approved
by competent authorities.”.
Article 245.
Amendments to Law on organizing the local government No. 77/2015/QH13 which was
amended by Law No. 21/2017/QH14, Law No. 47/2019/QH14 and Law No. 96/2023/QH15
1. Amendments to Point h Clause 3
Article 19:
"h) Pass the land use planning
of the province before submitting it to the Prime Minister for approval; decide
measures to manage and use land, water and mineral resources, and source of
income gained from sea, air and other natural resources as well as protect
environment within their delegated powers.”.
2. Amendments to Point a Clause 2
Article 26:
“a) Adopt the midterm and annual
plan for socio-economic development in the district, and the land use planning
of the district before submitting them to the People's Committee of the
first-level administrative division for approval;”.
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“2. Adopt the land use plan of the
central-affiliated city according to Land Law before submitting it to the Prime
Minister for approval”.
4. Addition of Clause 2a to after
Clause 2 of Article 42:
“2a. Approve the land use planning
and plans of the affiliated district according to Land Law.”.
5. Amendments to Article 129:
“Article 129. Authority to
decide establishment, dissolution, merger, division or adjustment of
administrative boundaries, naming or renaming of administrative divisions;
1. The National Assembly shall
decide establishment, dissolution, merger, division or adjustment of
administrative boundaries of first-level administrative divisions; naming or
renaming of first-level administrative divisions;
2. The Standing Committee of
National Assembly shall decide establishment, dissolution, merger, division or
adjustment of administrative boundaries of second-level and third-level
administrative divisions; naming or renaming of second-level and third-level
administrative divisions;
3. The Government shall request the
National Assembly and the Standing Committee of National Assembly to decide
establishment, dissolution, merger, division or adjustment of administrative
boundaries, naming or renaming of the administrative divisions specified in
clause 1 and clause 2 of this Article.".
Article 246.
Amendments to clause 4 Article 106 of Law on Enforcement of Civil Judgments No.
26/2008/QH12 which was amended by Law No. 64/2014/QH13, Law No. 23/2018/QH14,
Law No. 67/2020/QH14 and Law No. 03/2022/QH15
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“4. In case the property is rights
to use land and property affixed to land that is eligible for but has not been
granted the first certificate, the judgement enforcement agency shall request a
competent authority to issue the first certificate of title to the buyer or
recipient of the property serving enforcement of the judgment.
In case the property is rights to
use land and property affixed to land for which a certificate has been issued,
the judgement enforcement agency shall request a competent authority to revoke
or cancel the issued certificate and issue a certificate of title to the buyer
or recipient of the property serving enforcement of the judgment if they cannot
revoke the issued certificate".
Article 247.
Amendments to clause 1 Article 14 of Law on Personal Income Tax No.
04/2007/QH12 which was amended by Law No. 26/2012/QH13 and Law No. 71/2014/QH13
Amendments to Clause 1 of Article
14:
“1. Taxable income from real estate
conveyance is the price for each separate conveyance; In case of LUR
conveyance, the taxable income is calculated according to the land price in the
land price list".
Article 248.
Amendments to Law on Forestry No. 16/2017/QH14 which was amended by Law No.
16/2023/QH15
1. Amendments to Clauses 1 and 2
Article 14:
“1. Forest allocation, lease,
repurposing and repossession shall conform with national forestry planning or
provincial planning or district-level land use planning.
2. Natural forests shall not be
repurposed, except for projects for national significance, projects for
national defense and security purposes or other urgent projects approved by the
Government.”.
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“1. Plans for forest allocation,
lease or repurposing of the People’s Committees of second-level administrative
divisions approved by the People’s Committees of first-level administrative
divisions or district-level annual land use plans approved by competent
authorities.”.
3. Addition of Point dd to after
point d clause 2 of Article 16:
"dd) Dedicated forest
management boards (in case protection forests are interspersed with dedicated
forests.”.
4. Amendments to Clause 1 of
Article 19:
“1. Conform with national forestry
planning or provincial planning or district-level land use planning.”.
5. Amendments to Article 20:
“Article 20. Authority to decide
guidelines for forest repurposing
The People's Council of the
first-level administrative division shall decide the guideline for forest
repurposing, except if the forest is used for a project subject to investment
guideline approval or decision by the National Assembly, Prime Minister or the
People's Council of the first-level administrative division according to Law on
Investment, Law on Public Investment, Law on PPP Investment, Law on Petroleum.”.
6. Amendments to certain Clauses of
Article 23:
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“a) Allocate, lease out forests to,
repurpose or repossess forests of organizations, except for the cases specified
in point c clause 2 of this Article;";
b) Amendments to Clause 2:
“2. Authority of the People’s
Committees of second-level administrative divisions:
a) Allocate, lease out forests to,
repurpose forests of households and individuals;
b) Allocate, repurpose forests of
populations;
c) Repossess forests in case of
repossession of land covered by forests under the authority of the People’s
Committees of the second-level administrative divisions according to Land
Law.".
7. Amendments to the Article name,
Clause 5 and addition of clause 6 to after clause 5 Article 53:
a) Amendments to the name of
Article 53:
“Article 53. Scientific
research, teaching, apprenticeship, ecotourism, relaxation, entertainment and
raising and harvesting of medicinal plants in dedicated forests”;
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“5. Works serving eco-tourism,
relaxation and entertainment are permitted to be built. Procedures for
developing, assessing and approving ecotourism, relaxation and entertainment
schemes and managing construction of works serving ecotourism, relaxation or
entertainment in dedicated forests shall comply with forest management
regulations and other regulations of relevant law.
6. The raising and harvesting of
medicinal plants in dedicated forests are prescribed as follows:
a) Forest owners shall develop
arrangements for raising and harvesting medicinal plants in dedicated forests
and submit them to competent authorities for approval;
b) Forest owners shall
self-organize, cooperate, associate or lease forest environment to
organizations and individuals to raise and harvest medicinal plants or to
organize scientific research activities;
c) The raising and harvesting of
medicinal plants in dedicated forests shall comply with forest management
regulations and other relevant laws.".
8. Amendments to the Article name,
Clause 5 and addition of clause 6 to after clause 5 Article 56:
a) Amendments to the name of
Article 56:
“Article 56. Scientific
research, teaching, apprenticeship, ecotourism, resort, entertainment and
raising and harvesting of medicinal plants in protective forests”;
b) Amendments to clause 5 and
addition of clause 6 to after clause 5:
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6. The raising of medicinal
plants in protective forests is prescribed as follows:
a) Forest owners shall develop
arrangements for raising medicinal plants in protective forests and submit them
to competent authorities for approval;
b) Forest owners shall self-organize,
cooperate, associate or lease forest environments to organizations and
individuals to raise medicinal plants or to organize scientific research
activities;
c) The raising of medicinal plants
in protective forests shall comply with forest management regulations and other
relevant laws.".
9. Amendments to Clause 4 of
Article 60:
"4. It is permitted to
self-organize, cooperate, enter into joint ventures, associate or lease forests
or forest environments to organizations and individuals in compliance with the
forest owners’ rights to trade in ecotourism, relaxation or entertainment or
raise medicinal plants or organize scientific research activities, provided
that it does not affect the land use purpose according to land laws.”.
Article 249.
Amendments to Clause 3 Article 6 of Law on Non-Agricultural Land Use Tax No.
48/2010/QH12
Amendments to Clause 3 of Article
6:
“3. The price of a square meter of
land is the land price according to the land price list corresponding to the
purpose of use and is set for a 5-year stabilization period.”.
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Amendments to Clause 3 of Article
29:
“3. The competent authority shall
follow procedures for investor approval in the following cases:
a) The LUR auction is unsuccessful
in accordance with Land Law;
b) Only one investor satisfies the
EOI requirements (in case the number of investors that submit EOIs is specified
by law).”.
Article 251.
Annulment of certain articles of laws and resolutions of the National Assembly
related to land
1. Annulment of certain articles of
laws related to land:
a) Annulment of Clause 3, Article
36 and Clause 2, Article 86 of the Law on Management and Use of Public Property
No. 15/2017/QH14;
b) Annulment of clause 1 Article 12
of Law on Railway Transport No. 06/2017/QH14.
2. Annulment of Resolution No.
132/2020/QH14 dated November 17, 2020 of the National Assembly.
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Article 252.
Entry into force
1. This Law comes into force from
January 01, 2025, except for the cases specified in Clause 2 and Clause 3 of
this Article.
2. Article 190 and Article 248 of
this Law come into force from April 01, 2024.
3. The development and approval of
land use planning may continue complying with Resolution No. 61/2022/QH15 dated
June 16, 2022 of the National Assembly on continuing to strengthen the effect
and efficiency of policies and laws on planning and a number of solutions to
remove difficulties, speed up the formulation and improve the quality of
planning for the 2021-2030 period.
Clause 9 Article 60 of this Law
comes into force from the date on which Resolution No. 61/2022/QH15 expires.
4. Land Law No. 45/2013/QH13 which
was amended by Law No. 35/2018/QH14 (hereinafter referred to as “Land Law No.
45/2013/QH13) becomes invalid from the effective date of this Law.
Article
253. Transitional provisions on land use planning and plans when this Law
comes into force
1. Land use planning and plans that
have been decided and approved by competent regulatory agencies before the
effective date of this Law may continue to be developed and adjusted when
reviewing land use planning and plans according to Article 73 hereof.
2. A local authority that has
provincial planning for the period of 2021 - 2030 approved according to
planning laws before the effective date of this Law may continue using the land
distribution and zoning arrangement in the provincial planning to carry out
land management until the end of the planning period. The adjustment to the
provincial planning shall comply with Law on Planning No. 21/2017/QH14.
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1. In case where the land
repossession decision has been issued according to land laws before the
effective date of this Law but the approval for recompense, support and
resettlement arrangement of the competent regulatory agency has not yet been
decided, the recompense, support and resettlement shall be carried on in
accordance with regulations of this Law.
2. In case where the land
repossession decision and decision to approve the recompense, support and
resettlement arrangement have been issued according to land laws before the
effective date of this Law but have not been implemented, the approved
recompense, support and resettlement arrangement shall be carried on; the
handling of late recompense payments shall comply with the law at the time when
the State issues the land repossession decision.
3. In case where the competent
regulatory agency has issued a document determining the investor's violation of
failure to put land into use or delay putting land into use according to the
regulations in point i clause 1 Article 64 of Land Law No. 45/2013/QH13 before
the effective date of this Law,
a) If the land repossession has not
been decided, the competent People’s Committee shall handle this case according
to clause 8 and clause 9 Article 81 of this Law;
b) If the land repossession
decision has been issued, the land repossession shall be carried out according
to the land repossession decision and the land levy, land rent and invested
property on the repossessed land shall be handled according to the law at the time
when the State issues the land repossession decision.
4. In case where the land
repossession decision and decision to approve the recompense, support and
resettlement arrangement have been issued according to land laws before the
effective date of this Law but the resettlement land allocation decision is
intended to be issued after the effective date of this Law, the land price for
calculation of land levy at the resettlement area shall be determined at the
time of approving the recompense, support and resettlement arrangement; in case
where the resettlement land price is lower than the land price in the
recompense, support and resettlement arrangement at the time of deciding
resettlement land allocation, the land price at the time of deciding resettlement
land allocation shall be applied.
5. Regarding investment projects
whose recompense, support and resettlement policy frameworks have been approved
by the Prime Minister but their recompense, support and resettlement
arrangements have not yet been approved by local governments, the policies that
are more advantageous to holders of appropriated land according to the
recompense, support and resettlement policy frameworks and regulations of this
Law shall apply.
6. In case where the investment
project is subject to an agreement on receiving LURs through disposition
according to the provisions of Land Law No. 45/2013/QH13 which is in progress
and uncompleted by the effective date of this Law, the People's Committee of
the first-level administrative division shall, based on the actual situation of
the division, decide to allow the continued implementation of the agreement on
receiving LURs through disposition.
Article
255. Transitional provisions on land allocation, land lease and land
repurposing when this Law comes into force
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2. Any business organization,
household, individual, or Vietnamese residing abroad that has been allocated
land by the State with land levy collection before the effective date of this
Law and is now subject to land lease according to provisions of this Law can
continue using the land according to the remaining land use term and is not
required to convert to land lease. When the land use term expires, if the
competent regulatory agency grants an extension, the land must be put up for
lease according to provisions of this Law.
3. Any organization, household,
individual, or Vietnamese residing abroad that has been allocated land by the
State without land levy collection before July 01, 2014 and is subject to land
lease according to provisions of Land Law No. 45/2013/QH13 and this Law must
convert to land lease.
4. Any business organization,
household, individual or Vietnamese residing abroad that is allowed to continue
using land according to clause 3 Article 60 of Land Law No. 45/2013/QH13 can
continue using the land within the remaining land use term and is not required
to convert to land lease in accordance with the provisions of this Law.
5. Any business organization that
is allowed to continue using land according to clause 4 Article 60 of Land Law
No. 45/2013/QH13 can continue using the land within the remaining land use term
of the project and is not required to convert to land lease in accordance with
the provisions of this Law.
6. Any land user that is allowed to
continue using land according to clause 5 Article 60 of Land Law No.
45/2013/QH13 can continue leasing the land within the remaining land use term
or convert to land allocation with land use collection in accordance with the
provisions of this Law.
7. Any organization, household,
individual, Vietnamese residing abroad, and foreign-invested enterprise that
has submitted the application for land allocation, land lease or land
repurposing but the land allocation, land lease, or permission to land
repurposing has not been decided shall comply with the law applicable before
the effective date of this Law; or comply with the provisions of this Law if
they wish.
8. Any public service provider that
is allocated land by the State without land levy collection or leased out land
by the State before the effective date of this Law may continue using the land
within the remaining land use term according to the prescribed mode of land
allocation or land lease; or convert to a mode of land allocation or land lease
according to the provisions of this Law if they wish. When the land use term
expires, the land use extension shall comply with the provisions of this Law.
9. LUR auction and bidding for
selection of an investor executing the land-based project under this Law is not
required if the investment project satisfies all of the following conditions:
(i) Its investment guidelines or investor selection guidelines have been
approved in writing by a competent authority before July 1st 2014 in accordance
with investment, housing and bidding laws; (ii) Land has not been allocated or
leased out to the investor; (iii) The project is conformable with current land
use plan and planning; (iv) The People’s Committee of the first-level
administrative division has confirmed its conformity with regulations of law on
investment, housing and bidding applicable at that time; (v) The late
allocation or lease of land is not the fault of the investor. The authority and
procedures for land allocation and land lease shall comply with the provisions
of this Law.
10. If an investor has been
selected during the period from July 1st 2014 to the day before the effective
date of this Law in accordance with investment, housing and bidding laws but
land has not been allocated or leased and the project is eligible for land
allocation or land lease through LUR auction according to Land Law No.
45/2013/QH13 and relevant laws and is conformable with land use plan and
planning, the land allocation or land lease procedures may be carried on in
accordance with this Law.
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Article 256.
Processing of cadastral dossiers, dossiers on land registration and issuance of
certificates when this Law takes effect
1. Physical cadastral dossiers
developed before the effective date of this Law shall continue to be used in
service of land management and must be digitized in the course of building the
national land database in accordance with the provisions of this Law.
2. The competent authority that has
received the dossier on registration of land, property affixed to land or
issuance of Certificate of LURs, ownership of housing and property affixed to
land shall continue process the dossier according to the provisions of the Land
Law No. 45/2013/QH13 and its guidelines if it has not yet issued any
Certificate of LURs, ownership of housing and property affixed to land up to
the effective date of this Law; the authority to issue the Certificate of title
shall comply with the provisions of this Law. In case the land user requests
compliance with the provisions of this Law, the competent authority shall
process it according to the provisions of this Law.
3. Certificate of LURs, Certificate
of home ownership and LURs of homestead land, Certificate of home ownership,
Certificate of construction ownership or Certificate of LURs, ownership of
housing and property affixed to land that was issued according to land laws,
housing laws, and construction laws before the effective date of this Law still
remain its legal value and does not need to be converted to a Certificate of
title; In case of need, it will be changed to a Certificate of title according
to the provisions of this Law.
4. The Certificate of LURs,
Certificate of home ownership and LURs to homestead land, or Certificate of
LURs, ownership of housing and property affixed to land that has been issued to
a household representative before the effective date of this Law may be
converted to a certificate of title on which names of all members sharing LURs
are written if such members of the household apply for it.
Determining the members who share
the same household's LURs to write their names on the Certificate of title is
decided by these members themselves and responsible before the Law.
Article 257.
Settlement relating to land finance and land prices when this Law takes effect
1. The land price lists issued by
the People's Committees of first-level administrative divisions according to
the provisions of Land Law No. 45/2013/QH13 may continue applying until
December 31, 2025; In case of necessity, the People's Committees of first-level
administrative divisions shall decide to adjust the land price lists according
to the provisions of this Law to suit the actual situation of land prices in
their divisions.
2. In cases where the decision to
allocate land, lease land, or allow land repurposing, allow to change from land
lease with annual land rent payments to land lease under one-off arrangement,
allow land use extension, allow adjustment of land use term, or allow
adjustment of detailed planning has been issued according to the provisions of
land law and other relevant laws before the effective date of this Law but the
land price has not yet been decided,
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a) In cases of land allocation or
land lease according to the provisions of the 1993 Land Law, Land Law No.
13/2003/QH11 and other guidelines, the policy on collecting land levy, land
rent and land price for calculation of land levy or land rent shall be
determined at the time when land was allocated on site if the land was handed
over on site by a competent authority from January 1, 2005 to before the
effective date of this Law;
c) In cases where the decision to
allocate land, lease land, allow land repurposing, or allow to change from land
lease with annual land rent payments to land lease under one-off arrangement,
allow land use extension, allow adjustment of land use term, or allow
adjustment of detailed planning has been issued according to the provisions of
Land Law No. 45/2013/QH13 and guidelines but the land price arrangement has not
been submitted to the competent People's Committee, the policy on collecting
land levy or land lent and land price shall be determined at the time of issuance
of that decision.
In case the competent People's
Committee has allocated or leased land according to the recompense, support and
resettlement schedule, the specific land price shall be determined according to
the time of issuance of each decision;
d) The Government regulates the
application of land valuation method and the additional amount of money the
land user must pay for the period of time before calculating the land levy or
land rent in the cases specified in Points a, b and c of this clause.
3. In case the land price
arrangement has been submitted to the competent People's Committee to decide
specific land price according to the law before the effective date of this Law,
the competent People's Committee shall decide the specific land price according
to the submitted arrangement without applying the provisions of this Law.
Article
258. Settlement relating to land use term when this Law takes effect
1. For land allocated by the State
to a business organization to create capital to build infrastructure according
to a project or land originating from winning a LUR auction before July 1, 2004
of business organizations using the land, the land use term shall be determined
according to the term stated in the land allocation decision. In case the land allocation
decision does not state a term, the land use term shall be determined according
to the term of the land type prescribed by law at the time of land allocation.
2. In cases where the land
allocated or leased by the State or allowed to use through LUR recognition by
the State whose term of use has expired has not yet been repossessed by a
competent regulatory agency, the land use extension or land repossession will
be considered according to the provisions of this Law.
Article
259. Settlement relating to LURs that households held before the
effective date of this Law
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Land-using households that have
been allocated or leased out land by the State or have LURs recognized by the
State or have LURs through LUR disposition before the effective date of this
Law shall have the same rights and obligations as those of land-using
individuals according to the provisions of this Law.
2. When the competent regulatory
agency allocates or leases out land to a household for carrying out the
approved recompense, support and resettlement arrangement, all members of the
household who share the LURs must be named in the land allocation or land lease
decision.
3. Any household that is allocated
land by the State without land levy payment or with land levy payment or leased
out land by the State before the effective date of this Law may continue using
the land within the remaining land use term. When the land use term expires, it
can be extended by allocating or leasing land to individuals who are members of
the household according to the provisions of this Law.
Article
260. Transitional provisions in other cases when this Law comes into
force
1. A business organization shall
have the rights and obligations specified in Article 33 of this Law, a
household or individual shall have the rights and obligations specified in
Clause 1 Article 37 of this Law if they have leased out land by the State
before July 1st 2024; the land rent for the entire lease term or multiple years
has been paid in advance; and the remaining land lease term for which land rent
has been paid is 05 years or longer.
2. In case an investor has leased
out land from the State with annual land rent payments to invest in
constructing and trading infrastructure of an industrial zone, industrial
cluster or export processing zone and has also subleased the land and
infrastructure thereon under one-off arrangement before July 01, 2014, the
collected rent for the sub-leased land must be transferred to the State
according to the Government's regulations; the sublessee will have the same
rights and obligations as those of the original lessee under one-off
arrangement after the investor has fully paid the aforementioned land rent to
the state budget.
3. The business organization,
household, individual or Vietnamese residing abroad investing in producing or
trading in an industrial zone, industrial cluster or export processing and
being allowed to continue using the land within the remaining time limit of the
project specified in clause 5 Article 149 of Land Law No. 45/2013/QH13 may continue
using the land within the remaining time limit of the project and is not
required to convert to land lease. When the time limit of the project is up,
the State will consider land lease according to the provisions of this Law if
they wish.
4. The arrangements for land use,
settlement, reorganization of houses and land that are approved by competent
authorities under Resolution No. 132/2020/QH14 of the National Assembly before
the effective date of this Law may continue to be implemented.
The arrangements for land use,
settlement, reorganization of houses and land that are in progress for
completing procedures and submitting to competent authorities for approval
shall continue following the process and procedures specified in Resolution No.
132/2020/QH14 of the National Assembly.
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6. For land in an economic zone or
high-tech zone that has been allocated by the State to the economic zone
management board or high-tech zone management board before the effective date
of this Law,
a) The land user may continue using
the area of land allocated or leased out before the effective of this Law until
the end of the land use term. The land use extension shall comply with the
provisions of this Law;
b) The land area that the economic
zone management board or the high-tech park management board has not yet
allocated or leased shall be repossessed by the State to be allocated or leased
according to the provisions of this Law;
c) The user of land in the economic
zone or the high-tech zone before the effective date of this Law will continue
exercising the rights and fulfilling obligations corresponding to the mode of
land allocation or land lease during the remaining land use term according to
the provisions of this Law;
d) The business organization,
household, individual or Vietnamese residing abroad investing in produce or
trading in the economic zone and being allowed to continue using the land
within the remaining time limit of the project specified in clause 7 Article
151 of Land Law No. 45/2013/QH13 may continue using the land within the
remaining time limit of the project and is not required to convert to land
lease. When the time limit of the project is up, the State will consider land
lease according to the provisions of this Law if they wish.
7. In case the National Assembly or
the Prime Minister has issued a decision to approve the land reclamation
project in accordance with public investment laws or a decision to approve its
investment guideline and/or investor in accordance with investment laws before
the date of effective of Article 190 of this Law, the investor that is
allocated land or leased land without LUR auction or land-based project bidding
may continue executing the approved project.
8. In case a decision to approve
the underground construction project in accordance with public investment laws
or a decision to approve its investment guideline and/or investor in accordance
with investment laws before the effective date of this Law, the investor that
is allocated land or leased land without LUR auction or land-based project
bidding may continue executing the approved project.
9. In cases where civil airport or
aerodrome land that has been allocated or leased by the State to an Airport
Authority before the effective date of this Law, the land can continue to be
managed and used in accordance with Land Law No. 45/2013/QH13. In cases where
the State has a policy of investing in upgrading and expanding that changes the
planning for construction of the civil airport or aerodrome, or changes the
entity managing and using the airport or aerodrome, the management and use of
the land shall comply with the provisions of this Law.
In cases where the Airport
Authority has leased out land before the effective date of this Law, it will
continue to comply with the signed contract; when the term expires, the State
will repossess the land area of the Airport Authority to lease out according
to the provisions of this Law.
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11. The land user that is allocated
land by the State with land levy collection or leased out land by the State and
is exempted or reduced from land levy or land rent according to land laws
before the effective date of this Law will continue to be exempted or reduced
from land levy and land rent for the remaining land use term according to the
provisions of land law before the effective date of this Law.
12. The land user that leased land
from the State and selected land lease with annual land rent payments or land
lease under one-off arrangement before the effective date of this Law may
continue using the land according to the selected land lease mode within the
remaining land use term, except for the case specified in Article 30 of this
Law.
13. The budget for recompense,
support and resettlement that was voluntarily advanced by the land user
according to the recompense, support and resettlement arrangement that was
approved by a competent authority before the effective date of this Law shall
be returned by deducting from the land levy or the land rent payable in
accordance with land laws before the effective date of this Law.
14. If a business organization that
is subject to an exemption from land levy or land rent before the effective
date of this Law now conveys or contributes their LURs as capital, they shall
exercise rights and obligations according to the provisions of this Law.
15. An individual who is an ethnic
minority, is allocated land or leased out land by the State under a land
support policy for ethnic minorities before the effective date of this Law, and
is eligible for the land support policy for ethnic minorities under this Law
shall be eligible for the land support policy under this Law.
16. If a foreign-invested
enterprise under Law on Real Estate Business No. 66/2014/QH13 which was amended
by Law No. 61/2020/QH14 fails to complete procedures for conveying all or part
of a real estate project by the effective date of this Law, the competent
regulatory agency shall follow procedures for land allocation, land lease to
the conveyee, and issuance of a Certificate of title in accordance with the
provisions of this Law. The conveyee of all or part of the real estate project
will inherit the land-related rights and obligations of the conveyor.
This Law is approved by the
Standing Committee of 15th National Assembly of the Socialist
Republic of Vietnam in the 5th ad hoc meeting on January 18, 2024.
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