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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
expropriated land area to the former holder of the expropriated 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 expropriated 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 expropriation by the State” is a policy of the State
providing people whose land is expropriated 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 expropriation by the State” means a competent regulatory agency’s
issuance of a decision to expropriate the LURs of a land user or expropriate
the land of a current land user or expropriate 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 expropriated 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 expropriated 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, riparian and
coastal areas 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 expropriation.
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 expropriation 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 expropriated 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 expropriated 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 expropriation 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 expropriation, arrangements for
recompense, support and resettlement, and cases of following enforcement
procedures upon land expropriation;
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 expropriation 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 expropriation, 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 expropriation 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 expropriation,
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
expropriated 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 expropriation 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 expropriated 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 expropriated 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 expropriated 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 expropriation within the year, projects using
land subject to resettlement, production land intended to be provided as a
recompense for the person whose land is expropriated;
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 expropriation, including projects using land
subject to expropriation 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 expropriation, the People’s Committee of the second-level
administrative division where the project is located shall publicly disclose
the scope of land expropriation according to the project progress to land
users.
6. Regarding area
of land subject to expropriation or repurposing in a district-level annual land
use plan or area of land subject to expropriation 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 expropriation or repurposing,
but no decision on land expropriation 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 expropriation
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
expropriation 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 expropriation or repurposing,
adjustments to or cancellation of the land expropriation 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 EXPROPRIATION
OR LAND REQUISITION
Article 78.
Land expropriation for national defense and security purposes
The State may
expropriate 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 expropriation for socio-economic development purpose in the national/public
interest
The State may
expropriate 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 expropriation;
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 expropriation 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 expropriation in this Article
according to simplified procedures.
Article 80.
Grounds and conditions for land expropriation for national defense or security
purpose; socio-economic development purpose in the national/public interest
1. A project
aiming to expropriate 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 expropriation 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 expropriated 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 expropriation 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 expropriation 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 expropriate 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 expropriation 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
expropriation 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
expropriated in case of termination of investment project in accordance with investment
laws;
dd) Land is
expropriated in case where forest land has been expropriated 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
expropriated in the cases subject to land expropriation as specified in clause
1 Article 48, point d and point dd clause 1 Article 181 of this Law.
5. The land
expropriation 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
expropriation 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 expropriate land and handle cases of expropriation of land and property
thereon which are public property
1. The People’s
Committees of first-level administrative divisions shall issue decisions to
expropriate 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
expropriate land in the following cases:
a) Land
expropriation 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 expropriation 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
expropriation 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 expropriation for purposes relating to national defense or security
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2. In case land is
subject to expropriation 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 expropriation 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
expropriated 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 expropriation 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 expropriation 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 expropriation 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
expropriation, 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 expropriation and abiding by decisions to expropriate land for national
defense or security purpose; socio-economic development purpose in the
national/public interest
1. Before issuing
a decision on to expropriate land, a competent regulatory agency shall send a
written notification of land expropriation to the holder of the expropriated
land, owner of the property affixed to the expropriated 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 expropriation include reasons for the land expropriation,
area, location of the land zone expropriated; land expropriation progress; inspection,
surveying and measurement plan; plan to relocate people from the area of land
expropriated; recompense, support or resettlement plan.
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3. The holder of
the expropriated land, owner of the property affixed to the expropriated 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 expropriation 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 expropriated land, owner of
the property affixed to the expropriated land, relevant holder of rights and
obligations shall abide by the decision on land expropriation.
5. The period of
validity of the notification of land expropriation 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 expropriated 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
expropriated 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
expropriation for national defense or security purpose; socio-economic
development purpose in the national/public interest
1. Before a
notification of land expropriation is issued, the People’s Committee of a
third-level administrative division to which the expropriated 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 expropriation 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 expropriated;
b) Regulations of
the State on recompense, support and resettlement policies upon land
expropriation;
c) Scheduled
contents of recompense, support and resettlement plan;
d) Resettlement
area planned in case the holder of the expropriated land is resettled.
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a) The People’s
Committee having authority to expropriate land shall issue a notification of
land expropriation;
b) The People’s
Committee of a third-level administrative division to which expropriated land
belongs shall send a notification of land expropriation to each holder of
expropriated land, owner of property affixed to the expropriated land, relevant
holder of rights and obligations (if any), and post the notification on land
expropriation and the list of holders of expropriated 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 expropriated land belongs during
the recompense, support and resettlement process.
In case it is
impossible to contact with the holder of the expropriated land, owner of
property affixed to the expropriated land, relevant holder of rights and
obligations (if any) to send the notification of land expropriation, 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 expropriated 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 expropriated
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 expropriated land and property affixed to the expropriated land;
determining origins of the expropriated land and property affixed to the
expropriated land;
d) The People’s
Committee of the third-level administrative division to which the expropriated
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 expropriated land and property
thereon; identifying relevant holder of rights and obligations; incomes earned
from use of the expropriated land and property thereon, desires to resettle or
change profession;
dd) In case the
holder of expropriated land does not cooperate in inspecting, surveying, and measuring,
the People’s Committee of the third-level administrative division to which the
expropriated 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
expropriated 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 expropriated 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
expropriated 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 expropriated 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 expropriated land
belongs. In case the holder of expropriated land, owner of property affixed to
the expropriated 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
expropriated 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 expropriate land for decision;
c) The People’s
Committee having authority to expropriate 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 expropriated land belongs;
b) send the
recompense, support and resettlement arrangement that has been approved by the
competent authority to each holder of expropriated land, owner of property
affixed to the expropriated 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
expropriated 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 expropriate land shall issue a decision to
expropriate 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 expropriated 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
expropriated land;
dd) a competent
regulatory agency handed over homestead land affixed to the resettlement house
to the former holder of the expropriated land;
e) the former
holder of the expropriated land agreed and received the recompense for
arrangement of his/her own accommodation;
g) the holder of
the land subject to expropriation 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 expropriated land does not agree or abide by,
a) the People’s
Committee of the third-level administrative division to which the expropriated
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 expropriation still does not agree or abide by, the
competent People's Committee shall issue a decision to expropriate the land.
7. If the holder
of land subject to expropriation, 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 expropriation 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 expropriation
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 expropriated 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 expropriated 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 expropriated 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 expropriation decisions
1. The enforcement
of a land expropriation 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
expropriation decision shall be enforced on the land user, owner of property
affixed to the land and other entities relating to the expropriated land zone (if
any).
2. A land
expropriation decision shall be enforced if all the following conditions are
satisfied:
a) The land
expropriation decision has been effective but the holder of the expropriated
land fails to abide by the land expropriation decision after the People’s
Committee of the third-level administrative division to which the expropriated
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 expropriation 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 expropriated land belongs;
c) The Decision to
enforce the land expropriation 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
expropriation 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 expropriated 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
expropriation 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 expropriation enforcement board shall organize the
imposition of enforcement measures;
c) The land
expropriation 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 expropriation, remove their property from the land; unless the land
expropriation 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
expropriation 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 expropriation enforcement budget;
b) The land
expropriation enforcement board shall be in charge of the formulation and
submission of enforcement measures and estimates of land expropriation
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 expropriated 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 expropriation
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
expropriation enforcement board in enforcing the land expropriation if
required.
6. The land
expropriation 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 EXPROPRIATION
Section 1.
GENERAL PROVISIONS
Article 91.
Rules for recompense, support and resettlement upon land expropriation 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 expropriated land. In case of no land for recompense, an amount of money
equal to the specific land price of the type of expropriated land shall be
provided as recompense for the expropriated 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 expropriated 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 expropriated land can
be provided with housing or land with a different purpose from that of the
expropriated 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 expropriated shall be considered support if the facility’s
operation is stopped due to the land expropriation by the State.
4. The State shall
provide support to the holder of the expropriated land, owner of property
affixed to the land in order to enable the holder of the expropriated 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 expropriated 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 expropriated land.
The approval for the recompense, support and resettlement arrangement and the
resettlement implementation must be completed before the issuance date of the
land expropriation decision.
7. When the State
expropriates land according to Article 78 and Article 79 hereof and the
remaining area of the land parcel after being expropriated 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 expropriation, the competent People’s Committee shall
issue a land expropriation decision and provide recompense, support for and
management of the expropriated land area according to regulations of law.
Budgets for
recompense and support in case of land expropriation 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 expropriated land in the case of land expropriation prescribed in clause 3
Article 82 of this Law shall be provided with recompense, support and
resettlement as in the case of land expropriation prescribed in Article 78 and
Article 79 of this Law.
3. For an
organization whose land is expropriated 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 expropriation 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 expropriation 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 expropriated land;
c) In case an
organization suffers a loss of property allocated by the State to manage or use
due to the land expropriation 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 expropriation, 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 expropriation, 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 expropriated land
and/or the property owner;
b) If the payer defers
the payment, upon payment of recompense or support to the holder of the
expropriated land and/or the property owner, the holder of the expropriated
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 expropriated 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 expropriated 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 expropriated 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 expropriation 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
expropriates 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 expropriates 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 expropriates agricultural land of
households/individuals
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2. In case a
household/individual is using agricultural land when the State expropriates 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 expropriates 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 expropriates 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 expropriates 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 expropriates 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 expropriates 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 expropriated land as recompense.
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3. The Government
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Article 99.
Land-related recompense when the State expropriates 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 expropriates 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 expropriated 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 expropriated 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 expropriates 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 expropriates 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 expropriates 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 expropriated 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 expropriates 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 expropriates 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
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Article 101.
Cases of ineligibility for land-related recompense when the State expropriates
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
expropriation 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
expropriates 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 expropriates 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 expropriates 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
expropriation; 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 expropriated.
5. The Government
of Vietnam shall elaborate this Article.
Article 103.
Recompense for crops and livestock
If the land
expropriation 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 expropriation 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 expropriated.
Article 104. Recompense
for costs of moving property when land is expropriated by the State
1. If the land
expropriation 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 expropriated 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 expropriation 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 expropriation.
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 expropriation
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 expropriating 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 expropriated 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 expropriated 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
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Section 4.
SUPPORT
Article 108.
Support when the State expropriates land
1. Support when
the State expropriates 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
expropriated 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 expropriated 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 expropriated
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 expropriates
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 expropriates 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
expropriated 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 expropriated
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 expropriated 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 expropriated land belongs;
b) in second-level
administrative divisions to which expropriated land belongs in case resettlement
land in third-level administrative divisions to which expropriated land belongs
is not available;
c) in other sites
with equivalent conditions in case resettlement land in second-level administrative
divisions to which expropriated 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 expropriated 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 expropriated 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 expropriated
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 expropriated 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 expropriates 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 expropriated 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 expropriated 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 expropriates 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
expropriated 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 expropriated 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 expropriated for another purpose and
resettlement land/housing bank in the expropriation 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 expropriation
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 expropriated 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 expropriation 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
expropriation in the cases prescribed in clauses 26 and 27 of Article 79 of
this Law for auction of LURs;
c) Land subject to
expropriation 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 expropriation 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 expropriated 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 expropriation 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 expropriation 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 expropriates 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 expropriation for the national defense
or security purpose, land expropriation 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
expropriation 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 expropriated 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 expropriated according to Article 78 and 79 of this Law, provided
that, at the time of land expropriation, 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
expropriation 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 expropriated 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 expropriation, 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 expropriates 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
expropriation 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 expropriation 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 expropriated according to Article 79 of this Law
but the investor chooses to receive LUR instead of land expropriation.
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, expropriated 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 expropriation 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 expropriates 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 expropriate
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 expropriation 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 expropriates 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 expropriates 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 expropriates 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 expropriated part of the homestead land of the land parcel, the part of
homestead land whose LURs was disposed or the expropriated 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 expropriated 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 expropriate 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 expropriation under a decision to expropriate 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
expropriates 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 expropriates 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
expropriates 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 expropriated 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 expropriates land in cases where many adjacent land
parcels with the same land use purpose are expropriated 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 expropriates 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 expropriation,
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
expropriation, 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
expropriate 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 expropriation 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 expropriated 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; expropriation 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 expropriating 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. Riparian
and coastal areas
1. Riparian and
coastal areas include river banks, floating islands, islets on rivers, coastal
floodplains and floating islands, islets on the sea.
2. The management
and use of riparian and coastal areas shall comply with the following
regulations:
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b) Riparian and
coastal areas 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 riparian and coastal areas into use.
4. The People’s
Committees of second-level administrative divisions shall investigate, survey
and evaluate banks of riparian and coastal areas 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 riparian and
coastal areas that are regularly deposited or often eroded to people in need.
5. The use of
riparian and coastal areas 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
expropriate, 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 expropriation decision
of a competent regulatory agency, provided that they do not deform the natural
terrain of the land.
4. In case of
expropriation 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
expropriation, 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 expropriated 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 expropriate 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 expropriates 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
expropriates 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
expropriated and allocated by the State to land bank development organizations for
management;
g) Land
expropriated 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 expropriation, 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
expropriation, 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
expropriation, 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 expropriation, 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; protecting 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 expropriation 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 expropriate 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) Expropriate
forests in case of expropriation 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 expropriation 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 expropriation 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 expropriation 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
expropriation 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
expropriation decision has been issued, the land expropriation shall be carried
out according to the land expropriation decision and the land levy, land rent
and invested property on the expropriated land shall be handled according to
the law at the time when the State issues the land expropriation decision.
4. In case where
the land expropriation 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
expropriated by a competent regulatory agency, the land use extension or land
expropriation 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 expropriated 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 expropriate 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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