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THE NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 10/1998/QH10
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Hanoi, December 02, 1998
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THE LAW
AMENDING AND SUPPLEMENTING A NUMBER OF
ARTICLES OF THE LAND LAW
(No.10/1998//QH10
December 2, 1998)
Pursuant
to the 1992 Constitution of the Socialist Republic of Vietnam;
This Law amends and supplements a number of articles of the Land Law, which was
adopted on July 14, 1993 by the National Assembly of the Socialist Republic of
Vietnam.
Article 1.- To amend and/or supplement a number of articles
of the Land Law.
1. Article 1 is amended and supplemented as
follows:
"Land is under the entire people’s ownership and uniformly managed by the State.
The State assigns land to economic
organizations, people’s armed force units,
State agencies, political and social organizations (hereafter collectively
referred to as organizations), households and individuals for stable and
long-term use in forms of land assignment without collecting land use levy and
land assignment with land use levy. The State also leases land to
organizations, households and individuals. Organizations, households and
individuals that are assigned or leased land by the State or are transferred
the land use right from others shall be collectively referred to in this Law as
land users.
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2. Article 3 is amended and supplemented as
follows:
"1. The State protects the legitimate
rights and interests of the land users.
2. Organizations, households and individuals
that are assigned or leased land by the State or are transferred the land use
right from others shall have the rights and obligations of land users as
provided for by this Law and other provisions of law.
3. Households and/or individuals that are
assigned land by the State shall be entitled to exchange, transfer, lease,
bequeath and/or mortgage the land use right.
4. The rights and obligations of land users
shall be effected only during the land assignment or lease term and for the
right use purpose for which the land is assigned or leased according to this
Law�s provisions and other
provisions of law".
3. Article 19 is amended and supplemented as
follows:
"The bases for making decisions to assign
or lease land:
1. The land use planning and/or plans which have
already been approved by the competent State agency(ies);
2. The land use demand stated in the
economic-technical studies and designs which have already been approved by the
competent State agencies or in applications for land assignment or lease".
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"The State assigns land to organizations,
households and individuals for stable and long-term use.
The duration of land assignment for stable and
long-term use shall be 20 years for annual plants growing or aquaculture and 50
years for planting of perennial trees. Upon the expiry of such duration, if the
land users wish to continue using the land and during the use duration they
have strictly abided by the land legislation, they shall be assigned such land
by the State for continued use.
The State assigns land for long-term use to
households and individuals for the construction of residential houses and shall
recover such land only in circumstances specified in Articles 26 and 27 of the
Land Law.
The duration of land assignment for stable and
long-term use regarding other land categories shall be prescribed by the
Government.
The land lease duration shall be determined
according to projects already approved by the competent State agencies but must
not exceed 50 years; for projects that need a longer land lease duration, the
Government shall base itself on the National Assembly Standing Committee’s regulations to determine the lease duration for
each project, which, however, must not exceed 70 years".
5. Article 22 is amended and supplemented as
follows:
"The State shall assign land without
collecting land use levy in the following cases where:
1. Households and individuals, that are directly
engaged in agricultural, forestrial, aquacultural or salt production and earn
their living mainly with revenues from such production activities, are
certified by the People�s Committees of
communes, wards or townships and use the land for agricultural, forestrial,
aquacultural or salt production within the land limits assigned by the State.
Households using agricultural land in excess of
the prescribed limits before the effective date of this Law shall be entitled
to continue using the excess land acreage for a duration equal to a half of the
land assignment duration and shall have to pay additional tax on such land area
as prescribed by law; Upon the expiry of such duration, it shall have to rent
such land. For land acreage used in excess of the prescribed limit after the
effective date of this Law, the land user shall have to rent such land;
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3. State agencies, political organizations,
socio-political organizations and people�s
armed force units that use land to build their working offices or for national
defense or security purposes;
4. State agencies, political organizations,
socio-political organizations, people’s
armed force units that use land to build projects in non-business economic,
cultural, social, scientific, technical or diplomatic fields and sectors.
5. Organizations that use land for such
public-utility projects as roads, bridges, sewers, pavement, water supply and
drainage systems, rivers, lakes, dikes, dams, schools, hospcapitals, markets,
parks, flower gardens, entertainment centers for children, squares, stadiums,
airports, sea/river ports and other public-utility projects as prescribed by
the Government".
6. To add following Article 22a:
"1. The State assigns land with the
collection of land use levy in the following cases where:
a) Households and/or individuals wish to use
land for residential house construction;
b) Economic organizations invest in the
construction of residential houses for sale or lease;
c) Economic organizations invest in the building
of infrastructure projects, then transfer or lease the right to use land
associated with such infrastructure projects;
d) Land is assigned with the collection of land
use levy in a number of cases in order to generate capital for infrastructure
construction according to projects decided by the Government.
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a) The land users have feasibility projects
which have already been approved by the competent State agency(ies);
b) The land is used according to the planning;
c) The land users have sufficient capital and
technical conditions.
The money collected from the land assignment or
from the construction of projects, which are equivalent to the assigned land
use right value, must be fully accounted into the State budget as prescribed by
law".
7. To add following Article 22b:
"The State shall lease land in the
following cases:
1. Economic organizations use land for
production and/or business activities according to projects already approved by
the State competent agency(ies), except for State enterprises currently using
land for agricultural, forestrial, aquacultural or salt production, which has
been assigned by the State before the effective date of this Law, such State
enterprises shall not have to rent such land.
The State shall recover land already assigned to
State enterprises for use in the agricultural, forestrial, aquacltural or salt
production, which has, however, not been used or has been used for wrong
purposes or inefficiently, to assign or lease it to others in accordance with
provisions of this Law;
2. Households and/or individuals have the need
to use land for production and/or business activities;
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8. To add following Article 22c:
"1. Organizations, households and/or
individuals that are assigned or leased land by the State with the collection
of land use levy or land rental shall be entitled to land use levy or land
rental exemption or reduction in the following cases:
a) Execution of projects in fields eligible for
investment preferences;
b) Execution of investment projects in
geographical areas with difficult or especially difficult socio-economic
conditions;
c) Implementation of the policy on residential
houses and land;
d) Other cases prescribed by law.
2. The Government shall specify the land use
levy or land rental exemption or reduction".
9. To add following Article 78a:
"1. Households and/or individuals that are
leased land by the State and pay annual land use levy shall have the rights:
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b) To transfer the properties under their
ownership which are associated with the leased land; the property transferees
shall be continually leased land by the State and have the rights provided for
in this Clause.
2. Households and/or individuals that have been
leased land by the State and have paid land rental for the whole land lease
term shall have the rights:
a) To mortgage the value of the right to use the
leased land and the properties under their ownership, which are associated with
the leased land during the lease term, at Vietnamese credit institutions so as
to borrow capital for production and/or business activities as provided for by
law;
b) To transfer the right to use the leased land
together with their properties associated therewith, or bequeath the right to
use the leased land during the lease duration as provided for by law. The
persons who are transferred or inherit the right to use the leased land shall
have the rights provided for in this Clause;
c) To contribute capital in form of the value of
the right to use the leased land together with their properties associated
therewith during the lease term for the production and/or business cooperation
with organizations and/or individuals in the country as prescribed by law;
d) To sub-lease the land use right during the
land lease term. The sub-lease of the land shall be effected only when such
land is subject to investment projects or applications for land lease, and the
sub-lessees shall have to use the land for right purpose(s).
3. Households and/or individuals that have been
leased land by the State and have paid land rental in advance for many years,
if the remaining land lease duration for which the land rental has been paid
still lasts for at least 5 years, shall be entitled to the rights provided for
in Clause 2 of this Article".
10. To add following Article 78b:
"1. Domestic organizations which are
assigned land by the State without collecting land use levy shall have the
right to use the land for the assigned purpose(s), but shall not be entitled to
exchange, transfer, lease the land use right, to mortgage or contribute capital
with the land use right value, except for cases prescribed in Clause 2 of this
Article.
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11. To add following Article 78c:
"Economic organizations which are assigned
land by the State with land use levy shall have the rights:
1. To transfer the right to use the land
associated with architectural works or infrastructure projects already built
thereon;
2. To lease the right to use the land associated
with the architectural works or infrastructure projects already built thereon;
3. To mortgage the land use right value at
Vietnamese credit institutions in order to borrow capital for production and/or
business activities according to provisions of law;
4. To contribute capital with land use right
value together with their properties associated with such land for production
and/or business cooperation with Vietnamese and/or foreign organizations and
individuals according to provisions of law".
12. To add following Article 78d:
"1. Economic organizations which are
assigned land by the State and pay annual land rental shall have the rights:
a) To mortgage their properties associated with
the leased land at Vietnamese credit institutions so as to borrow capital for
production and/or business activities according the provisions of law;
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c) For State enterprises, to contribute capital
with the leased land use right value for production and/or business cooperation
with Vietnamese and/or foreign organizations and individuals in accordance with
the Government�s regulations.
2. Economic organizations which have been leased
land by the State and have paid the land rental for the whole lease term shall
have the rights:
a) To mortgage the land use right value and
their properties associated with the leased land during the lease term at
Vietnamese credit institutions so as to borrow capital for production and/or
business activities according to provisions of law;
b) To transfer the right to use the leased land
together with their properties associated with the leased land during the lease
term according the provisions of law. The land use right transferees shall be
entitled to the rights provided for in this Clause;
c) To contribute capital with the value of the
right to use the leased land during the lease term together with their
properties associated with the leased land for production and/or business
cooperation with Vietnamese and foreign organizations and/or individuals
according to provisions of law;
d) To sub-lease the land use right during the
lease term. The sub-lease shall be effected only when such land is put under
investment projects and the sub-lessees shall have to use such land for right
purpose(s).
3. Economic organizations which have been leased
land by the State and have paid land rental for many years, and the remaining
land lease duration for which the land rental has been paid still lasts for at
least 5 years, shall be entitled to the rights provided for in Clause 2 of this
Article".
13. To add following Article 78e:
"The procedures for exercise of the rights
of organizations, households and individuals as provided for in Articles 78a,
78b, 78c and 78d of this Law shall be filled in at the competent State
agency(ies) as prescribed by law".
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"Economic organizations that have been
transferred the lawful land use right from others or assigned land by the State
with the collection of land use levy which does not derive from the State
budget, shall not have to rent such land. Such organizations shall be entitled
to the rights provided for in Article 78c of this Law.
In cases where an economic organization is
transferred with the right to use the agricultural or forestry land together
with the land use purpose(s) already allowed by the competent State
agency(ies), the land use term shall be calculated according to the duration of
the concerned project approved by the competent State agency(ies) but must not
exceed 50 years".
Article
2.-
1. The Ordinance on the rights and obligations
of the domestic organizations with land assigned or leased by the State, which
was adopted on October 14, 1994 by the National Assembly Standing Committee;
and the Ordinance on the amendments and supplements to a number of articles of
the Ordinance on the rights and obligations of domestic organizations with land
assigned or leased by the State which was adopted on August 27, 1996 by the
National Assembly Standing Committee shall cease to be effective as from the
effective date of this Law.
2. This Law takes effect from January 1st, 1999.
3. The Government shall amend and supplement the
documents detailing the implementation of the Land Law to make them compatible
with this Law.
This Law was passed on December 2, 1998 by the
Xth National Assembly of the Socialist Republic of Vietnam at its fourth session.
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