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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
45/2013/QH13
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Hanoi,
November 29, 2013
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LAND LAW
Pursuant
to the Constitution of the Socialist Republic of Vietnam;
The
National Assembly promulgates the Land Law.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law
prescribes the land ownership, powers and responsibilities of the State in
representing the entire-people ownership of land and uniformly managing land,
the land management and use regimes, and the rights and obligations of land
users over the land in the territory of the Socialist Republic of Vietnam.
Article 2. Subjects of application
1. State
agencies that exercise the powers and perform the responsibilities of the
representative of the entire-people ownership of land, and perform the tasks of
uniform state management of land.
2. Land
users.
3. Other
subjects involved in land management and use.
Article 3. Interpretation of terms
In this
Law, the terms below are construed as follows:
1. Land
parcel means a land area delimited by boundaries determined in the field or
described in records.
2. Land use
master plan means the distribution and zoning of land by use space to serve the
objectives of socio-economic development, national defense, security,
environmental protection and climate change adaptation based on the land
potential and land use demands of all sectors and fields, for each
socio-economic region or administrative unit in a given period of time.
3. Land
use plan means the division of a land use master plan according to periods of
time for implementation during the period of the land use master plan.
4.
Cadastral map is a map that shows the land parcels and related geographic
elements, and is made according to administrative units of communes, wards or
townships, and certified by a competent state agency.
5.
Current land use map is a map that demonstrates the distribution of various
types of land at a specified time, and is made for every administrative unit.
6. Land
use master plan map is a map made at the beginning of a planning period, which
demonstrates the distribution of various types of land at the end of that
planning period.
7. The
State allocates land use rights (below referred to as the State allocates land)
means that the State issues decisions on land allocation to grant land use
rights to subjects having land use demand.
8. The
State leases land use rights (below referred to as the State leases land) means
that the State decides to grant land use rights to subjects having land use
demand under contracts on land use rights lease.
9. The
State recognizes land use rights means that the State grants land use rights to
a person that is using stably the land not allocated or leased by the State,
through the grant of a certificate of land use rights and ownership of houses
and other land-attached assets for the first time, for a certain land parcel.
10.
Transfer of land use rights means the transfer of land use rights from one
person to another by ways of exchange, transfer, inheritance or donation of
land use rights, or contribution of land use rights as capital.
11. The
State expropriates land means the State decides to recover land use rights from
a person that is granted land use rights by the State, or from a land user that
violates the land law.
12. Land
compensation means the State returns the value of land use rights for the
expropriated land area to land users.
13.
Remaining land investment costs include costs for ground fill-up and leveling
and other directly related costs that can be proved to have been invested in
the land and have not been retrieved by the time the State recovers the land.
14.
Support upon land expropriation by the State means the State provides
assistance to those whose land is expropriated, in order to stabilize their
livelihood, production and development.
15.
Registration of land, houses and other land-attached assets means the
declaration and acknowledgement of the legal status of land use rights,
ownership of houses and land-attached assets, and the right to manage a certain
land parcel, in the cadastral records.
16.
Certificate of land use rights and ownership of houses and other land-attached
assets is a legal certificate in which the State certifies the lawful land use
rights and ownership of houses and land-attached assets of the person who has
land use rights and ownership of houses and land-attached assets.
17. Land
statistics means that the State, based on the cadastral records, summarizes and
reviews the land use status at the time of making statistics, and the
land-related changes between two points of time of making statistics.
18. Land
inventory means that the State, based on the cadastral records and field
findings, investigates, summarizes and reviews the land use status at the time
of conducting inventory, and the land-related changes between the two points of
time of conducting inventory.
19. Land
price means the value of land use rights calculated per unit of land area.
20. Value
of land use rights means the monetary value of land use rights over a specified
land area during a specified land use term.
21. Land
use levy means an amount of money that a land user shall pay to the State when
being allocated land with land use levy by the State, permitted to change the
land use purpose, or having land use rights recognized by the State.
22. Land
information system means the system consisting of information technology
technical infrastructure, software, data and processes and procedures which are
developed to collect, store, update, process, analyze, synthesize and track
land information.
23. Land
database means a collection of land data that are arranged and organized to
serve the access to, use, management and update of, information by electronic
devices.
24. Land
dispute means a dispute over the rights and obligations of land users among two
or more parties in a land relationship.
25. Land
destruction means acts that deform the land, reduce land quality, pollute the
land, negate or reduce the usability of the land according to a determined
purpose.
26.
Public non-business unit means an organization established by a competent state
agency or by a political organization or a socio-political organization, to
provide public services in accordance with law.
27.
Economic organization means an enterprise, a cooperative or another economic
organization as prescribed by the civil law, excluding foreign-invested
enterprises.
28. Land
for construction of underground facilities means a land area used for
construction of underground facilities that are not parts of works constructed
on the ground.
29.
Land-using household means those who share a marital, family or foster
relationship as prescribed by the marriage and family law, are living together
and have joint land use rights at the time of being allocated land or leased
land, or having land use rights recognized by the State; or acquiring land use
rights.
30.
Household or individual directly engaged in agricultural production means a
household or an individual that has been allocated agricultural land, leased
agricultural land, or having agricultural land use rights recognized by the
State; or has acquired agricultural land use rights, and generates stable
income from agricultural production on that land.
Article 4. Land ownership
Land
belongs to the entire people with the State acting as the owner’s
representative and uniformly managing land. The State shall grant land use
rights to land users in accordance with this Law.
Article 5. Land users
Land
users may be allocated land or leased land, have land use rights recognized by
the State, or acquire land use rights in accordance with this Law, including:
1.
Domestic organizations, including state agencies, people’s armed forces units,
political organizations, socio-political organizations, economic organizations,
socio-politico-professional organizations, social organizations,
socio-professional organizations, public non-business organizations, and other
organizations as prescribed by the civil law (below referred collectively to as
organizations).
2.
Domestic households or individuals (below referred collectively to as
households or individuals).
3.
Communities, including Vietnamese communities residing in the same village,
street quarter or similar residential area sharing the same customs and practices
or the same family line.
4.
Religious institutions, including pagodas, churches, oratories, chancels,
monasteries, abbeys, religious schools, head offices of religious
organizations, and other religious institutions.
5.
Foreign organizations with diplomatic functions, including diplomatic
representative missions, consulates, other foreign representative agencies with
diplomatic functions recognized by the Vietnamese Government, representative
missions of organizations of the United Nations, inter-governmental agencies or
organizations, and representative missions of inter-governmental organizations.
6.
Overseas Vietnamese as prescribed by the nationality law.
7.
Foreign-invested enterprises, including 100% foreign-invested enterprises,
joint-venture enterprises, Vietnamese enterprises in which foreign investors
purchase shares, merge or acquire in accordance with investment law.
Article 6. Land use principles
1.
Compliance with land use master plans and plans, and use for proper purposes.
2.
Economy, effectiveness, environmental protection, and causing no harm to the
legitimate interests of adjacent land users.
3. Land
users may exercise their rights and perform their obligations within the land
use term in accordance with this Law and other relevant laws.
Article 7. Persons taking responsibility before the State
for land use
1. The
head of an organization, a foreign organization with diplomatic functions, or a
foreign- invested enterprise, is responsible for the land use by his/her
organization.
2. The chairperson
of the People’s Committee of a commune, ward or township is responsible for the
use of agricultural land for public purposes; the use of non-agricultural land
which is allocated to the People’s Committee of the commune, ward or township
(below referred to as commune-level People’s Committee) for the purpose of
construction of the People’s Committee offices, public facilities used for
culture, education, health, physical training and sports, entertainment,
recreation, markets, cemeteries, graveyards and other public facilities in the
locality.
3. The
representative of a community who is the head of a village or street quarter,
or the person appointed by a community, is responsible for the use of the
allocated or recognized land of the community.
4. The
head of a religious institution is responsible for the use of land allocated to
the religious institution.
5. The
head of a household is responsible for the land use by the household.
6.
Individuals and overseas Vietnamese are responsible for the use of their own
land.
7. The
person who shares, or represents a group sharing, land use rights, is
responsible for the use of that land.
Article 8. Persons taking responsibility before the State
for the management of allocated land
1. The
head of an organization is responsible for land management in the following
cases:
a/
Organizations assigned to manage public facilities, including roads, bridges,
culverts, sidewalks, water supply and drainage systems, irrigation systems,
dikes and dams; squares, statues and monuments, and memorial stela;
b/
Economic organizations assigned to manage land used for investment projects in
the form of build- transfer (BT) and other forms prescribed by the investment
law;
c/
Organizations assigned to manage land with water surface of rivers and land
with special- use water surface;
d/
Organizations assigned to manage the land fund recovered under decisions of
competent state agencies.
2. The
chairperson of a commune-level People’s Committee is responsible for the
management of land used for public purposes and land that has not been
allocated or leased in the locality.
3. The
chairperson of a People’s Committee of a province or centrally run city is
responsible for the management of unused land on uninhabited islands in the
locality.
4. The
representative of a community is responsible for land allocated to the
community for management.
Article 9. Encouragement of investment in land
The State
shall promulgate policies to encourage land users to invest labor, materials
and capital in, and apply scientific and technological achievements to, the
following activities:
1. Land
protection, improvement and fertilization.
2.
Reclamation of waste and unused land, seaward encroachment, use of empty land,
bare hills and unused land with water surface in accordance with land use
master plans and plans.
3.
Development of infrastructure to increase added value for land.
Article 10. Land classification
Depending
on land use purpose, land is classified into the following types:
1.
Agricultural land, including:
a/ Land
for cultivation of annual crops, including paddy land and land for cultivation
of other annual crops;
b/ Land
for cultivation of perennial trees;
c/ Land
for production forests;
d/ Land
for protection forests;
e/ Land
for special-use forests;
f/ Land
for aquaculture;
g/ Land
for salt production;
h/ Other
agricultural land, including land used to build greenhouses and other building
types for cultivation purpose, including fanning not directly on the land, or
to build breeding facilities for cattle, poultry and other animals as permitted
by law; land for cultivation, breeding and aquaculture for the purpose of
learning, research or experimentation; land for planting and nursing seedlings
and breeders, and land for growing flowers and ornamental plants.
2.
Non-agricultural land, including:
a/
Residential land, including rural residential land and urban residential land;
b/ Land
for construction of offices;
c/ Land
for national defense or security purpose;
d/ Land
for construction of non-business facilities, including land for construction of
offices of non-business organizations; land for construction of cultural,
social, health, education and training, physical training and sports, science
and technology, and diplomatic facilities and other non-business facilities;
e/ Land
for non-agricultural production and business, including land for industrial
parks, industrial clusters, export processing zones; land for trading and
service; land of non-agricultural production establishments; land used for
mining activities; and land for production of building materials, and pottery;
f/ Land
used for public purposes, including land used for transport (including
airports, airfields, inland waterway ports, maritime ports, rail system, road
system and other transport facilities); irrigation; land with
historical-cultural relics or scenic spots; land for community activities or
public entertainment and recreation; land for energy facilities; land for post
and telecommunications facilities; land for markets; land for waste dumping and
treatment, and land for other public facilities;
g/ Land
used by religious institutions;
h/ Land
used for cemeteries, graveyards, funeral service centers and cremation centers;
i/ Land with rivers, streams, canals, springs and special-use water surface;
k/ Other
non-agricultural land, including land for motels, tents and camps for workers
in production establishments; land for warehouses and houses to store
agricultural products, plant protection drugs, fertilizers, machinery and tools
for agricultural use, and land for other buildings of land users which are used
for non-commercial purposes and not attached to residential land.
3. Unused
land, including land of types for which land use purposes have not been
determined yet.
Article 11. Bases for determining land types
The
determination of a land type must be based on the following:
1. The
certificate of land use rights, or certificate of house ownership and
residential land use rights which is granted before December 10, 2009; and the
certificate of land use rights and ownership of houses and other land-attached
assets.
2. Papers
on land use rights prescribed in Clauses 1, 2 and 3, Article 100 of this Law,
for the cases in which the certificates mentioned in Clause 1 of this Article
have not been granted.
3.
Decisions on land allocation, land lease or permission for change of land use
purpose issued by competent state agencies, for the cases in which the
certificates mentioned in Clause 1 of this Article have not been granted.
4. For
the cases in which papers prescribed in Clauses 1, 2 and 3 of this Article are
not available, the determination of land type must comply with the Government’s
regulations.
Article 12. Prohibited acts
1.
Encroaching, occupying or destroying land.
2.
Violating publicized land use master plans and plans.
3.
Failing to use land, or using land for improper purposes.
4. Failing
to comply with law when exercising the rights of land users.
5.
Acquiring agricultural land use rights exceeding the quota set for households
and individuals as prescribed by this Law.
6.
Failing to register with competent state agencies when using land or making
transactions of land use rights.
7.
Failing to perform or fully perform financial obligations toward the State.
8.
Abusing positions and powers to act against land management regulations.
9.
Failing to provide land information or providing incorrect land information as
prescribed by law.
9.
Obstructing, or causing difficulties to, the exercise of the rights of land
users as prescribed by law.
Chapter II
RIGHTS AND OBLIGATIONS OF THE STATE OVER
LAND
Section 1. RIGHTS OF THE STATE OVER LAND
Article 13. Rights of the representative of the land owner
1. To
decide on land use master plans and plans.
2. To
decide on land use purposes.
3. To
prescribe land use quotas and land use terms.
4. To
decide on land expropriation and land requisition.
5. To
decide on land prices.
6. To
decide on grant of land use rights to land users.
7. To
decide on financial policies on land.
8. To
prescribe the rights and obligations of land users.
Article 14. The State shall decide on land use purposes
The State
shall decide on land use purposes through land use master plan and plans, and
permit the change of land use purposes.
Article 15. The State shall prescribe land use quotas and
land use terms
1. The
State shall prescribe land use quotas, including allocation quotas for
agricultural land, allocation quotas for residential land, recognition quotas
for residential land use rights, and quotas for acquisition of agricultural
land use rights.
2. The
State shall prescribe land use terms of the following forms:
a/ Long
and stable land use term;
b/
Definite land use term.
3. The
State shall decide to recover land in the following cases:
a/ For
the purpose of national defense or security; socio-economic development in the
national or public interest;
b/ Due to
violations of the land law;
c/ Due to
termination of land use in accordance with law, voluntary return of land, or
the risk of threatening human life.
4. The
State shall decide to requisition land in case of extreme necessity to perform
national defense and security tasks, or in the state of war or a state of
emergency, or to prevent and combat natural disasters.
Article 16. The State shall
decide on land expropriation or requisition
1. The State shall decide to
expropriate land in the following cases:
a) For the purpose of national
defense or security; socio-economic development for the national or public
interest;
b) Land expropriation due to
violations of the land law;
c) Land expropriation due to
termination of land use in accordance with law, voluntary return of land, or
the risk of threatening human life.
4. The State shall decide to
requisition land in case of extreme necessity to perform national defense and
security tasks, or in cases of war or emergency circumstances, or to prevent
and combat natural disasters.
Article 17. The State shall grant land use rights to land
users
The State
shall grant land use rights to land users in the following forms:
1.
Decision on allocation of land without land use levy, and allocation of land
with land use levy.
2. Decision
on lease of land with annual rental payment, and lease of land with one-off
rental payment for the entire lease period.
3.
Recognition of land use rights.
Article 18. The State shall decide on land prices
1. The
State shall prescribe the principles and methods for land valuation.
2. The
State shall promulgate land price brackets and tables, and decide on specific
land prices.
Article 19. The State shall decide on financial policies on
land
1. The
State shall decide on policies on financial collection and spending related to
land.
2. The
State shall prescribe the added value from land which does not originate from
land user’s investment through tax polices, land use levy, land rental,
investments in infrastructure, and support policies for those whose land is
expropriated.
Article 20. The State shall prescribe the rights and
obligations of land users
The State
shall prescribe the rights and obligations of land users in conformity with the
forms of land allocation, land lease, recognition of land use rights, land use
origin and financial obligations of land users.
1. The
National Assembly shall promulgate laws and resolutions on land; decide on
national land use master plans and plans; and exercise the power of supreme
oversight of land management and use nationwide.
2.
People’s Councils at all levels shall exercise the right to adopt local land
use master plans and plans before submitting them to competent agencies for
approval; to adopt land price tables and approve land expropriation to
implement socio-economic development projects in the national or public
interest in their localities, according to their competence prescribed in this
Law; and to oversee the implementation of the land law in their localities.
3. The
Government and People’s Committees at all levels shall exercise the rights of
the land owner representative according to their competence prescribed in this
Law.
Section
2. RESPONSIBILITIES OF THE STATE FOR LAND
Article 22. Contents of state management of land
1.
Promulgating legal documents on land management and use and organizing the
implementation thereof.
2.
Determining administrative boundaries, compiling and managing administrative
boundary records and making administrative maps.
3.
Surveying, measuring, making cadastral maps, current land use maps and land use
planning maps; surveying and assessing land resources; and surveying for land
pricing.
4.
Managing land use master plans and plans.
5.
Managing land allocation, land lease, land expropriation and change of land use
purposes.
6.
Managing compensation, support and resettlement upon land expropriation.
7.
Registering land use rights, compiling and managing cadasữal records, and
granting certificates of land use rights and ownership of houses and other
land-attached assets.
8. Making
land statistics and carrying out land inventories.
9.
Developing the land information system.
10.
Managing land-related finance and land prices.
11.
Managing and supervising the exercise of rights and performance of obligations
by land users.
12.
Inspecting, examining, supervising, monitoring and assessing die observance of
the land law, and handling violations of the land law.
13.
Disseminating and educating about the land law.
14.
Settling land-related disputes; settling complaints and denunciations related
to land management and use.
15.
Managing land-related services.
Article 23. Responsibilities of state management of land
1. The
Government shall perform the unified state management of land nationwide.
2. The
Ministry of Natural Resources and Environment shall take responsibility before
the Government for the unified state management of land.
Related
ministries and ministerial-level agencies shall, within the ambit of their
respective tasks and powers, assist the Government in performing the state
management of land.
3.
People’s Committees at all levels shall perform die state management of land in
theữ localities according to their competence prescribed in this Law.
Article 24. Land administration agencies
1. The
system of land administration agencies shall be organized uniformly from
central level to local level.
2. The
land administration agency at the central level is the Ministry of Natural
Resources and Environment.
Land
administration agencies at the local level shall be set up in provinces and
centrally run cities and in districts, towns and provincial cities;
land-related public service organizations shall be set up and operate in
accordance with the Government’s regulations.
1. Communes, wards and townships
must have civil servants performing cadastral work in accordance with the Law
on Cadres and Civil Servants.
2. Cadastral civil servants in
communes, wards and townships shall assist commune-level People’s Committees in
local land management.
Article
26. State guarantee for land users
1. Guarantee of the lawful rights to
use land and land-attached assets of land users.
2. Grant of the certificates of land
use rights and ownership of houses and other land-attached assets to land users
who are eligible as prescribed by law.
3. When their land is expropriated
by the State for national defense or security purpose; or for socio-economic
development in the national or public interest, land users are entitled to
compensation, support and resettlement in accordance with law.
4. Adoption of policies in the form
of vocational training, change of occupation and facilitation of job seeking
for those who are directly engaged in agriculture, forestry, aquaculture or
salt production and lack land for production due to land use restructuring or
economic restructuring.
5. The State does not recognize the
reclaim of land which has been allocated to others in accordance with the
State’s regulations in the process of implementing the land policy of the State
of the Democratic Republic of Vietnam, the Provisional Revolutionary Government
of the Republic of South Vietnam and the State of the Socialist Republic of
Vietnam.
Article
27. Responsibilities of the State for residential and agricultural land for
ethnic minorities
1. To
adopt policies on residential land and land for community activities for ethnic
minorities in conformity with their customs, practices and cultural identities
and the practical conditions of each region;
2. To
adopt policies to help ethnic minorities who are directly engaged in
agricultural production in rural areas have land for agricultural production.
Article 28. Responsibilities of the State for the creation
and provision of land information
1. To
develop and manage the land information system and guarantee the right to
access to the land information system for organizations and individuals.
2. To
promptly publicize available information in the land information system for
organizations and individuals, except confidential information as prescribed by
law.
3. To
notify administrative decisions and acts in the field of land administration to
organizations and individuals whose lawful rights and interests are affected.
4.
Competent state agencies and persons in land administration and use shall
create conditions and provide land information for organizations and
individuals in accordance with law.
Chapter III
ADMINISTRATIVE BOUNDARIES AND BASE
INVESTIGATION ON LAND
Section 1. ADMINISTRATIVE BOUNDARIES
Article 29. Administrative boundaries
1. The
Government shall direct the identification of administrative boundaries and the
compilation and management of administrative boundary records at all levels
throughout the country.
The
Minister of Home Affairs shall prescribe the order and procedures for
identification of administrative boundaries and the management of boundary
landmarks and administrative boundary records at all levels.
The Minister
of Natural Resources and Environment shall prescribe the techniques and
economic-technical specifications for placing administrative boundary landmarks
and compiling administrative boundary records at all levels.
2.
People’s Committees at all levels shall organize the identification of
administrative boundaries in the field and compilation of administrative
boundary records in their respective localities.
Commune-level
People’s Committees shall manage administrative boundary landmarks in the field
in their respective localities. If the administrative boundary landmarks are
lost, moved or damaged, commune-level People’s Committees shall promptly report
this to the People’s Committees of districts, towns or provincial cities (below
referred to as district-level People’s Committee).
3. The
administrative boundary records include paper and electronic documents showing
information on the establishment and adjustment of an administrative unit and
boundary landmarks and boundary lines of that administrative unit.
The
superior People’s Committee shall certify the administrative boundary records
of the immediate subordinate level. The Ministry of Home Affairs shall certify
the administrative boundary records of provinces and centrally run cities.
The
administrative boundary records of a level shall be archived at the People’s
Committee of such level, the superior People’s Committee, the Ministry of Home
Affairs and the Ministry of Natural Resources and Environment.
4.
Disputes over administrative boundaries among administrative units shall be
settled by the People’s Committees of such administrative units through their
coordination. If no agreement can be reached or the results lead to changes in
administrative boundaries, the settlement competence is provided as follows:
a/ If the
dispute is related to the boundaries of provinces or centrally run cities, the
Government shall submit it to the National Assembly for decision;
b/ If the
dispute is related to the boundaries of districts, towns or provincial cities
or communes, wards or townships, the Government shall submit it to the National
Assembly Standing Committee for decision.
The
Ministry of Natural Resources and Environment, the land administration agencies
of provinces and centrally run cities and the land administration agencies of
districts, towns and provincial cities shall provide necessary documents and
coordinate with competent state agencies in settling land disputes over
administrative boundaries.
Article 30. Administrative maps
1. The
administrative maps of a locality must be made based on the administrative
boundary maps of such locality.
2. The
making of administrative maps must comply with the following provisions:
a/ The
Ministry of Natural Resources and Environment shall provide dữections and
guidelines for making administrative maps of all levels nationwide and organize
the making of administrative maps for the whole country and provinces and
centrally run cities;
b/ The
People’s Committees of provinces and centrally run cities (below referred to as
provincial-level People’s Committee) shall organize the making of
administrative maps of districts, towns and provincial cities.
Section 2. BASE INVESTIGATION OF LAND
Article 31. Making and adjustment of cadastral maps
1. The
survey for the establishment of cadastral maps must be conducted for each land
parcel in each administrative unit of commune, ward or township.
2. The
adjustment of cadastral maps is made when there are changes in shape,
dimension, area of the land parcel or other factors related to the contents of
cadastral maps.
3. The
Minister of Natural Resources and Environment shall prescribe the making,
adjustment and management of cadastral maps for the whole country and
conditions for practicing cadastral survey.
4.
Provincial-level People’s Committees shall organize the making, adjustment and
management of cadastral maps in their respective localities.
Article 32. Investigation and assessment of land
1.
Investigation and assessment of land include the following activities:
a/
Investigating and assessing land quality and potential;
b/
Investigating and assessing land degradation and pollution;
c/
Investigating and classifying agricultural land;
d/ Making
land statistics and conducting land inventory;
e/
Investigating and making statistics on land prices; monitoring land price
changes;
f/
Establishing and maintaining observation and supervision systems for land
resources.
2.
Investigation and assessment of land include the following contents:
a/
Sampling, analyzing and making statistics on observation data of, land;
b/ Making
maps on land quality, land potential, land degradation, land pollution,
classification of agricultural land, and land prices;
c/ Making
assessment reports on land quality, land potential, land degradation, land
pollution, classification of agricultural land, and land prices;
d/ Making
reports on land statistics and land inventory, current land use maps, and
reports on land price and changes in land prices.
Article 33. Organization of land investigation and assessment
1. The
Ministry of Natural Resources and Environment shall:
a/
Organize, and publicize results of, investigation and assessment of land for
the whole country and all regions once every 5 years and for each theme;
b/ Direct
the investigation and assessment of land for provinces and centrally run
cities;
c/
Summarize and publish results of investigation and assessment of land for the
whole country.
2.
Provincial-level People’s Committees shall organize, and publicize results of,
investigation and assessment of land of their respective localities, and send
the results to the Ministry of Natural Resources and Environment for
summarization.
3. The
Minister of Natural Resources and Environment shall prescribe the land investigation
and assessment and conditions on the capacity of units which conduct land
investigation and assessment.
Article 34. Land statistics and inventories and the making
of current land use maps
1. Land
statistics and inventories include periodical land statistics and inventories
and thematic land inventories.
2.
Periodical land statistics must be made and land inventories must be conducted
according to the following provisions:
a/ Land
statistics are made and land inventories are conducted for administrative units
of communes, wards and townships;
b/ Land
statistics are made once a year, except the year when land inventory is
conducted;
c/ Land
inventory is conducted once every 5 years.
3. The
current land use map must be made once every 5 years in connection with land
inventory as prescribed in Clause 2 of this Article.
4.
Thematic land inventories serving the state management of land must be
conducted under decisions of the Prime Minister or the Minister of Natural
Resources and Environment.
5.
Responsibilities for making land statistics and conducting land inventories and
making current land use map are prescribed as follows:
a/ The
People’s Committees at all levels shall make land statistics and conduct land
inventories and make current land use maps of their respective localities;
b/ The
People’s Committees at commune and district levels shall report the results of
land statistics and inventories and the making of current land use maps of
their respective localities to their immediate superior People’s Committees.
Provincial-level People’s Committees shall report the results of land
statistics and inventories and the making of current land use maps of their
respective localities to the Ministry of Natural Resources and Environment;
c/ The
Ministry of National Defense and the Ministry of Public Security shall assume
the prime responsibility for, and coordinate with provincial-level People’s
Committees in, making statistics and conducting inventories on land used for
national defense or security purpose, and send reports on their results to the
Ministry of Natural Resources and Environment;
d/ The
Ministry of Natural Resources and Environment shall summarize and report to the
Prime Minister and publicize the results of annual land statistics and 5-year
land inventories for the whole country.
6. The
Minister of Natural Resources and Environment shall detail the making of land
statistics, conducting of land inventories and making of current land use maps.
Chapter IV
LAND USE MASTER PLANS AND PLANS
Article 35. Principles of formulation of land use master
plans and plans
1. To
conform to strategies, master plans and plans on socio-economic development,
national defense and security.
2. To be
formulated from the master level to detailed level. The land use master plan of
the subordinate level must conform to the land use master plan of the superior
level; and the land use plans must conform to the land use master plan approved
by competent state agencies. The national land use master plan must take into account
specific characteristics and linkages of the socio-economic regions; and the
district-level land use master plans must demonstrate the contents of the
commune-level land use.
3. To use
land economically and efficiently.
4. To
exploit natural resources reasonably together with environmental protection and
climate change adaptation.
5. To
protect and embellish cultural-historical relics and scenic spots.
6. To be
democratic and public.
7. To
ensure priority for using the land fund for the purposes of national defense
and security, serve national and public interests, food security and
environmental protection.
8. Master
plans and plans of the sectors and localities that use land must conform to the
land use master plans and plans already decided or approved by competent state
agencies.
Article 36. System of land use master plans and plans
1.
National land use master plans and plans.
2.
Provincial-level land use master plans and plans.
3.
District-level land use master plans and plans.
4. Land
use master plans and plans for national defense.
5. Land
use master plans and plans for security.
Article 37. Periods of land use master plans and plans
1. The
period of land use master plans is 10 years.
2. The
period of land use plans at the national and provincial levels and for national
defense and security is 5 years. District-level land use plans must be made
every year.
Article 38. National land use master plan and plan
1. The
national land use master plan must be formulated based on:
a/
National strategies for socio-economic development, national defense and
security; master plans on the development of socio-economic regions; and
strategies and master plans for development of sectors;
b/
Natural and socio-economic conditions;
c/ Current
land use status, land potential and results of implementation of the national
land use master plan in the previous period;
d/ Land
use demands of all sectors and fields;
e/
Scientific and technological advances related to land use.
2. The
national land use master plan includes the following contents:
a/
Orientation for land use in 10 years;
b/
Determination of land use targets for agricultural land, non-agricultural land,
unused land, including the determination of the areas of paddy land, land used
only for wet rice farming, land for protection forest, land for special-use
forest, land for production forest, land for aquaculture, land for salt
production, land for national defense or security purpose, land for industrial
parks, land for export processing zones, land for hi-tech zones, land for
economic zones, land for national infrastructure development, land for
cultural-historic relics and scenic spots, urban land and land for waste
dumping and treatment;
c/
Determination of the areas of the land types specified at Point b, Clause 2 of
this Article in the planning period for each provincial-level administrative
unit and each socio-economic region;
d/ The
land use master plan maps at the national level and of socio-economic regions;
e/
Solutions for implementation of the land use master plan.
3. The
national land use plan must be formulated based on:
a/ The
national land use master plan;
b/ The
5-year and annual socio-economic development plans of the whole country;
c/ Land
use demands in 5 years of all sectors and fields;
d/
Results of implementation of the national land use plan in the previous period;
e/
Ability to invest and mobilize resources for implementing the land use plan.
4. The
national land use plan includes the following contents:
a/
Analysis and evaluation of the implementation of the national land use plan in
the previous period;
b/
Determination of the areas of the land types specified at Point b, Clause 2 of
this Article in the 5-year land use plan;
c/ The
5-year land use plans for each provincial-level administrative unit and each
socioeconomic region;
d/
Solutions for implementation of the land use plan.
Article 39. Provincial-level land use master plans and
plans
1. A
provincial-level land use master plan must be formulated based on:
a/ The
national land use master plan;
b/ The
master plans for socio-economic development of the socio-economic region and
the province or centrally run city; the strategies and master plans for
development of sectors and fields;
c/ Natural
and socio-economic conditions of the province or centrally run city;
d/
Current land use status, land potential and results of implementation of the
provincial-level land use master plan in the previous period;
e/ Land
use demands of all sectors and fields and of the province;
f/ Land
use quotas;
g/
Scientific and technological advances related to land use.
2. A
provincial-level land use master plan has the following contents:
a/
Orientation for land use in 10 years;
b/
Determination of the areas of the land types already allocated in the national
land use master plan and the areas of the land types in accordance with
provincial-level land use demands;
c/
Determination of land use zones by land use function;
d/ Determination
of the areas of the land types specified at Point b of this Clause for each
district-level administrative unit;
e/ The
provincial-level land use master plan map;
f/
Solutions for implementation of the land use master plan.
3. The
provincial-level land use plans must be formulated based on:
a/ The
national 5-year land use plan; the provincial-level land use master plan;
b/ The
provincial-level 5-year and annual socio-economic development plans;
c/ Land
use demands in 5 years of all sectors and fields and the province;
d/
Results of implementation of the provincial-level land use plan in the previous
period;
e/
Ability to invest and mobilize resources for implementing the land use plan.
4. A
provincial-level land use plan has the following contents:
a/
Analysis and evaluation of the implementation of the provincial-level land use
plan in the previous period;
b/
Determination of the areas of the land types specified at Point b, Clause 2 of
this Article in the land use plan period for each year and each district-level
administrative unit;
c/
Determination of the areas of the land types for which land use purposes need
to be changed as prescribed at Points a, b, c, d and e, Clause 1, Article 57 of
this Law in the land use plan period for each year and each district-level
administrative unit;
d/
Determination of the areas and locations of national and provincial-level
construction works and projects which use land for the purposes prescribed in
Articles 61 and 62 of this Law in the land use plan period for each year and
each district-level administrative unit.
For
projects on technical infrastructure, construction, improvement of urban
centers and rural residential areas, the determination of locations and areas
of expropriated land areas in the adjacent areas must be conducted
simultaneously in order to put land use rights up for auction to implement
housing, trading, service, production and business projects;
e/ The
provincial-level land use plan map;
f/
Solutions for implementation of the land use plan.
Article 40. District-level land use master plans and plans
1. A
district-level land use master plan must be formulated based on:
a/ The
provincial-level land use master plan;
b/ The
master plans for socio-economic development of the province and district;
c/
Natural and socio-economic conditions of the district, town or provincial city;
d/ The
current land use status, land potential and results of implementation of the
previous district-level land use master plan;
e/ Land
use demands of all sectors and fields, the district and communes;
f/ Land
use quotas;
g/
Scientific and technological advances related to land use.
2. A
district-level land use master plan has the following contents:
a/
Orientation for land use in 10 years;
b/
Determination of the areas of the land types already allocated in the
provincial-level land use master plan and the areas of land types in accordance
with land use demands of the district and communes;
c/
Determination of land use zones by land use function for each commune-level
administrative unit;
d/
Determination of the areas of land types prescribed at Point b of this Clause
for each commune-level administrative unit;
e/ The
district-level land use planning map in which the zones already planned for
paddy land and for changes of land use purposes as prescribed at Points a, b,
c, d and e, Clause 1, Article 57 of this Law must be demonstrated in detail for
each commune-level administrative unit;
f/
Solutions for implementation of the land use master plan.
3. A
district-level annual land use plan must be formulated based on:
a/ The
provincial-level land use plan;
b/ The
district-level land use master plan;
c/ Land
use demands in the planning year of all sectors, fields and levels;
d/
Ability to invest and mobilize resources for implementing the land use plan.
4. A
district-level annual land use plan has the following contents:
a/
Analysis and evaluation on the implementation of the land use plan in the
previous year;
b/
Determination of the areas of the land types already allocated in the
provincial-level land use plan and the area of land types in accordance with
land use demands of the district and communes in the planning year;
c/
Determination of the areas and locations of land to be expropriated to
implement construction works and projects which use land for the purposes
prescribed in Articles 61 and 62 of this Law in the planning year for each
commune-level administrative unit.
For the
projects on technical infrastructure, construction, improvement of urban
centers and rural residential areas, the determination of locations and areas
of the expropriated land in the adjacent area must be conducted simultaneously
in order to put up land use rights for auction to implement housing, trading,
service, production and business projects;
d/ Determination
of the areas of land types of which land use purposes need to be changed as
prescribed at Points a, b, c, d and e, Clause 1, Article 57 of this Law in the
planning year and for each commune-level administrative unit;
e/
District-level annual land use plan map;
f/
Solutions for implementation of the land use plan.
5. Urban
districts of which the urban master plans have been approved by competent state
agencies shall formulate annual land use plans, but not land use master plans;
in case the urban master plan of an urban district is inconsistent with the
area allocated in the provincial-level land use master plan, it must be
adjusted in accordance with the provincial-level land use master plan.
Article 41. Land use master plans and plans for national
defense or security purpose
1. A land
use master plan for national defense or security purpose must be formulated
based on:
a/ The
national land use master plan;
b/
Strategies for socio-economic development, national defense and security and
master plans for the development of socio-economic regions;
c/
Natural and socio-economic conditions;
d/ The
current land use status, land potential and results of implementation of the
land use master plan for national defense or security purpose in the previous
period;
e/ The
land use demands for national defense or security;
f/ Land
use quotas;
g/
Scientific and technological advances related to land use.
2. A land
use master plan for national defense or security purpose has the following
contents:
a/
Orientation for land use for national defense or security purpose;
b/
Determination of land use demands for national defense or security purpose in
the planning period in accordance with the master plan for socio-economic
development, national defense and security and national plan for socio-economic
development;
c/
Determination of the locations and areas of land for national defense or
security purpose which may be re-allocated to localities for management and use
for socio-economic development;
d/
Solutions for implementation of the land use master plan for national defense
or security purpose.
3. A land
use plan for national defense or security purpose must be formulated based on:
a/ The
national 5-year land use plan and the land use master plan for national defense
or security purpose;
b/ The
land use demands in 5 years for national defense or security purpose;
c/
Results of implementation of the land use plan for national defense or security
purpose in the previous period;
d/ Ability
to invest and mobilize resources for implementing the land use plan for
national defense or security purpose.
4. A land
use plan for national defense or security purpose has the following contents:
a/
Analysis and evaluation of the implementation of the land use plan for national
defense or security purpose in the previous period;
b/
Determination of the locations and areas of land which shall be used for
national defense or security purpose in the 5-year land use plan for each year;
c/
Determination in detail of the locations and areas of land for national defense
or security purpose which may be re-allocated to localities in the 5-year
period;
d/
Solutions for implementation of the land use plan for national defense or
security purpose.
Article 42. Responsibilities for formulating land use
master plans and plans
1. The
Government shall organize the formulation of national land use master plans and
plans. The Ministry of Natural Resources and Environment shall assume the prime
responsibility for assisting the Government in formulating national land use
master plans and plans.
2.
Provincial-level People’s Committees shall organize the formulation of
provincial- level land use master plans and plans. District-level People’s
Committees shall organize the development of district-level land use master
plans and plans.
Provincial-
and district-level land administration agencies shall assume the prime
responsibility for assisting their respective People’s Committees in the
formulation of land use master plans and plans.
3. The
Ministry of National Defense shall organize the formulation of land use master
plans and plans for national defense. The Ministry of Public Security shall
organize the formulation of land use master plans and plans for security.
4. The
Government shall detail this Article.
Article 43. Consultations on land use master plan and plans
1. The
agencies which organize the formulation of land use master plan and plans as
prescribed in Clauses 1 and 2, Article 42 of this Law shall organize
consultations with the public on land use master plans and plans.
2. The
forms, contents and timing of consultation with the public on land use master
plans and plans must comply with the following provisions:
a/ The
consultations with the public on national and provincial-level land use master
plans and plans must be conducted in the form of publicizing the contents of
land use master plans and plans on the websites of the Ministry of Natural
Resources and Environment and the provincial- level People’s Committees. The
consultations with the public on district-level land use master plans and plans
must be conducted in the form of organizing meetings, direct consultation and
publicizing the contents of land use master plans and plans on the websites of
provincial-level and district-level People’s Committees.
b/ The
consultations with the public on land use master plans and plans must be
conducted on the targets of land use master plans and plans, projects and
construction works to be implemented during the land use master plan and plan
periods;
c/ The
consultations with the public on land use master plans and plans must be
conducted within 30 days after competent state agencies decide to conduct
consultations.
3.
Agencies responsible for conducting consultations with the public on land use
master plans and plans prescribed in Clause 1 of this Article shall prepare
reports on summarization, assimilation and explanation of the public opinions,
and improve the land use master plans and plans before submitting to the
appraisal board for land use master plans and plans.
4. For
land use master plans and plans for national defense or security purpose, the
Ministry of National Defense and the Ministry of Public Security shall conduct
consultations with provincial- level People’s Committees in the course of
formulation of land use master plans and plans.
Article 44. Appraisal of land use master plans and plans
1.
Competence to establish the appraisal board for land use master plans and
plans:
a/ The
Prime Minister may establish an appraisal board for national land use master
plans and plans.
The
Ministry of Natural Resources and Environment shall assist this appraisal board
in the process of appraising land use master plans and plans;
b/ The
Minister of Natural Resources and Environment may establish an appraisal board
for land use master plans and plans for national defense or security purpose,
and for provincial-level land use master plans and plans.
Land
administration agencies at central level shall assist this appraisal board in
the process of appraising land use master plans and plans;
c/ The
chairperson of a provincial-level People’s Committee may establish an appraisal
board for district-level land use master plans and plans.
Land
administration agencies at provincial and district levels shall assist this
appraisal board in appraising land use master plans and plans.
2. The
appraisal boards for land use master plans and plans at all levels shall
appraise and send the notices of appraisal results to the agencies in charge of
organizing the formulation of land use master plans and plans as prescribed in
Article 42 of this Law. The agencies in charge of organizing the formulation of
land use master plans and plans shall assimilate and explain the contents stated
in the notices of appraisal results.
In case
of necessity, the appraisal board for land use master plans and plans shall
organize the examination and field survey of the areas for which the land use
purposes are planned to change, especially paddy land, land for protection
forest and land for special-use forest.
3. The
appraisal of a land use master plan covers the following contents:
a/ Legal
and scientific bases for the formulation of the land use master plan;
b/ The
extent of conformity of the land use master plan with strategies and master
plans for socio-economic development, national defense and security of the
whole country and the locality, and with the master plans for development of
sectors and fields;
c/
Socio-economic and environmental effects;
d/ The
feasibility of the land use master plan.
4. The
appraisal of a land use plan covers the following contents:
a/ The
extent of conformity of the land use plan with the land use master plan;
b/ The
extent of conformity of the land use plan with the plan for socio-economic
development;
c/ The
feasibility of the land use plan.
5. The
fund for appraisal of land use master plans and plans is determined as a
separate item in the fund for formulation of land use master plans and plans.
Article 45. Competence to decide and approve land use
master plans and plans
1. The
National Assembly shall decide on national land use master plans and plans;
2. The
Government shall approve provincial-level land use master plans and plans, land
use master plans and plans for national defense purpose and land use master
plans and plans for security purpose.
Provincial-level
People’s Committees shall submit provincial-level land use master plans and
plans to their respective People’s Councils for adoption before submitting them
to the Government for approval.
3.
Provincial-level People’s Committee shall approve district-level land use
master plans and plans.
District-level
People’s Committees shall submit district-level land use master plans to their
People’s Councils for adoption before submitting them to the provincial-level
People’s Committee for approval.
District-level
People’s Committees shall submit annual land use plans to the provincial-level
People’s Committee for approval. Provincial-level People’s Committees shall
submit to their People’s Councils for adoption the lists of projects for which
land needs to be expropriated as prescribed in Clause 3, Article 62 of this
Law, before approving the district-level annual land use plans.
Article 46. Adjustment of land use master plans and plans
1.
Adjustment of a land use master plan is only conducted in the following cases:
a/ There
are adjustments to the strategies for socio-economic development, national
defense, and security or master plan for development of socio-economic regions
and such adjustments result in change of land use structure;
b/
Natural disasters or wars result in changes in the land use purposes,
structure, locations and area;
c/ There
are adjustments in the land use master plan of the immediate superior level
which affect the land use master plan of the concerned level;
d/ There
are adjustments to local administrative boundaries.
2.
Adjustments to a land use plan are only conducted when there are adjustments in
the land use master plan or there are changes in the ability to implement the
land use plan.
3.
Adjustments to a land use master plan are part of the approved land use master
plan. Adjustments to a land use plans are part of the approved land use plan.
The
adjustment of land use master plans and plans must be conducted under Articles
42, 43, 44 and 48 of this Law.
4. The
state agencies competent to decide on or approve land use master plans and
plans at a certain level have competence to decide on or approve adjustments to
land use master plans and plans at that level.
Article 47. Consultancy on formulation of land use master
plan and plans
1. In the
process of formulation of land use master plans and plans, the agencies in
charge of the formulation process may hire consultants to formulate land use
master plans and plans.
2. The
Government shall prescribe the conditions for organizations and individuals to
provide consultancy on formulation of land use master plans and plans.
Article 48. Publicization of land use master plans and plans
1. The
land use master plans and plans at national, provincial and district levels
must be publicized after being decided or approved by competent state agencies.
2.
Responsibilities for publicizing land use master plans and plans are prescribed
as follows:
a/ The
Ministry of Natural Resources and Environment shall publicize the national land
use master plans and plans at its head office and on its website;
b/
Provincial-level People’s Committees shall publicize provincial-level master
plans and plans at their head offices and on their websites;
c/
District-level People’s Committees shall publicize district-level land use
master plans and plans at their head offices and on their websites and the
contents of district-level land use master plans and plans related to communes,
wards and townships at the head offices of commune-level People’s Committees.
3. Timing
and duration for publicizing land use master plans and plans are prescribed as
follows:
a/ The
land use master plan and plans must be publicized within 30 days from the date
they are decided or approved by competent state agencies;
b/ The
publicity is implemented throughout the land use master plan and plan periods.
Article 49. Implementation of land use master plans and
plans
1. The
Government shall organize and direct the implementation of the national land
use master plans and plans.
The Prime
Minister shall, based on national land use targets which have been decided by
the National Assembly, allocate land use targets for provinces and centrally run
cities, the Ministry of National Defense and the Ministry of Public Security.
Provincial-
and district-level People’s Committees shall implement land use master plans
and plans of their respective localities.
Commune-level
People’s Committees shall implement land use master plans and plans in their
communes.
The
Ministry of National Defense and the Ministry of Public Security shall
implement land use master plans and plans for national defense or security,
respectively.
2. If the
land use master plan has been publicized but the annual district-level land use
plan is not yet available, land users may continue using land and exercise the
rights of land users as prescribed by law.
If the
land use master plan and the annual district-level land use plan are available,
land users for whom the land use purposes are to be changed or whose land is to
be expropriated in accordance with the plans may continue exercising the rights
of land users, but may not build new houses or construction works or plant
perennial crops. They shall apply for permission from competent state agencies
before repairing or renovating existing houses or construction works.
3. If a
land area is to be expropriated for implementation of a project or for change
of land use purpose as indicated in the publicized annual district-level land
use plan, but the decision to recover land has not been issued or the change of
land use purpose has not been approved within 3 years, the state agency that
has competence to approve the land use plan shall adjust or cancel the recovery
or change of land use purpose and shall publicize such adjustment or
cancellation.
In case
the state agency that has competence to approve the land use plan fails to
adjust or cancel, or does adjust or cancel but fails to publicize such
adjustment or cancellation, land users are not subject to the limitation of
rights as prescribed in Clause 2 of this Article.
4. At the
end of the land use master plan period, the land use targets that have not
fully been implemented may continue to be implemented until the land use master
plan of the subsequent period is decided or approved by competent state
agencies.
5. The
Government shall detail the organization of the implementation of land use
master plans and plans.
Article 50. Report on implementation of land use master
plans and plans
1. The
responsibility to make annual reports on results of implementation of land use
master plans and plans is prescribed as follows:
a/ The
People’s Committees at commune and district levels shall send reports on
results of implementation of land use master plans and plans to the direct
superior People’s Committees. Provincial-level People’s Committees shall send
report on results of implementation of land use master plans and plans to the
Ministry of Natural Resources and Environment;
b/ The
Ministry of National Defense or the Ministry of Public Security shall send
reports on results of implementation of land use master plans and plans for
national defense or security purpose to the Ministry of Natural Resources and
Environment;
c/ The
Ministry of Natural Resources and Environment shall summarize the annual
results of implementation of land use master plans and plans of the whole
country in a report to the Government for submission to the National Assembly
at the year-end session.
2. The
report on results of implementation of the annual land use plan for the last
year of the first land use plan period must be enclosed with the review report
on the implementation of the whole land use plan period.
The
report on results of implementation of the annual land use plan for the last
year of the land use master plan period must be enclosed with the review report
on the implementation of the last land use plan period and the review report on
the implementation of the whole land use master plan period.
Article 51. Settlement of problems arising in land use
master plans and plans after this Law takes effect
1. When
formulating the land use plans for 5 years (2016-2020), the land use master
plans and plans that have been decided or approved by competent state agencies
prior to the effective date of this Law must be reviewed and additionally
investigated for adjustment in accordance with this Law.
2. If the
district-level land use master plan and plan have not yet been approved by
competent state agencies when this Law takes effect, the land expropriation,
land allocation, land lease, recognition of land use rights and change of land
use purpose must be conducted in accordance with the provincial land use plans
and the list of projects for socio-economic development of the district
concerned which is prepared and submitted by the district-level People’s
Committee to the provincial-level People’s Committee for decision.
The
approval of district-level land use master plans and plans must be completed
within 1 year after this Law takes effect.
Chapter V
LAND ALLOCATION, LAND LEASE AND CHANGE OF
LAND USE PURPOSE
Article 52. Bases for land allocation, land lease and
change of land use purpose
1. The
annual district-level land use plans which have been approved by competent
state agencies.
2. Land
use demands as indicated in investment project documents or in applications for
land allocation, land lease or change of land use purpose.
Article 53. Allocation or lease of land which is currently
used by a person to another
The
State’s decision on allocation or lease of land which is already being used by
a person to another may be made only after a competent state agency decides on
land expropriation in accordance with this Law and the compensation, support
and resettlement have been completed in accordance with law in case ground
clearance is required.
Article 54. Land allocation without land use levy
The State
shall allocate land without land use levy in the following cases:
1.
Households and individuals directly engaged in agriculture, forestry,
aquaculture or salt production to whom agricultural land is allocated within
the quotas prescribed in Article 129 of this Law;
2.
Persons who use land for protection forests, special-use forests or production
forests which are natural forests, for office construction, for national
defense or security purpose, for noncommercial public use, for cemeteries and
graveyards which fall outside the cases prescribed in Clause 4, Article 55 of
this Law;
3. Public
non-business organizations that are not self-financed and use land for office
construction.
4.
Organizations that use land for construction of resettlement houses under the
State’s projects.
5.
Communities using agricultural land; religious institutions using
non-agricultural land as prescribed in Clause 1, Article 159 of this Law.
Article 55. Land allocation with land use levy
The State
shall allocate land and collect land use levy in the following cases:
1.
Households and individuals that are allocated residential land;
2.
Economic organizations that are allocated land to implement investment projects
on construction of houses for sale or a combination of sale and lease;
3.
Overseas Vietnamese and foreign-invested enterprises that are allocated land to
implement investment projects for the construction of houses for sale or for a
combination of sale and lease;
4.
Economic organizations that are allocated land to implement investment projects
on infrastructure of cemeteries and graveyards for transfer of land use rights
together with the infrastructure.
Article 56. Land lease
1. The
State may lease land and collect an annual land rental or full one-off rental
for the entire lease period in the following cases:
a/
Households and individuals that use land for the purpose of agriculture,
forestry, aquaculture or salt production;
b/
Households and individuals that need to further use agricultural land that
exceeds the land allocation quotas prescribed in Article 129 of this Law;
c/
Households and individuals that use land for trading and services, mining
activities, production of construction materials, production of ceramic
products, and non-agricultural production establishments;
d/
Households and individuals that use land for construction of public facilities
for commercial purpose;
e/
Economic organizations, overseas Vietnamese and foreign-invested enterprises
that use land to implement investment projects in agriculture, forestry,
aquaculture or salt production, for non-agricultural business and production
purpose, for construction of public facilities for commercial purpose, and for
implementation of investment projects on houses for lease;
f/
Economic organizations, self-financed public non-business organizations,
overseas Vietnamese and foreign-invested enterprises that use land for
construction of non-business facilities;
g/
Foreign organizations with diplomatic functions that use land to build offices.
2. The
State may lease land to and collect annual rentals from people’s armed forces
units for the purpose of agriculture, forestry, aquaculture or salt production,
or in combination with national defense or security tasks.
Article 57. Change of land use purpose
1. Cases
in which change of land use purpose requires permission by competent state
agencies:
a/ Change
of land for rice cultivation to land for perennial crops, forests, aquaculture
or salt production;
b/ Change
of land for other annual crops to land for saltwater aquaculture, salt
production or aquaculture in ponds, lakes or marshlands;
c/ Change
of land for special-use forests, protection forests or production forests to
land for other purposes within the type of agricultural land;
d/ Change
of agricultural land to non-agricultural land;
e/ Change
of non-agricultural land which is allocated by the State without land use levy
to non-agricultural land which is allocated by the State with land use levy, or
to leased land;
f/ Change
of non-agricultural land which is not residential land to residential land;
g/ Change
of land for construction of non-business facilities or land for public purposes
involving commercial purpose, or non-agricultural land for business and
production purposes which is not land for trading or services to land for
trading or services; change of land for trading or services or land for
construction of non-commercial facilities to land for non-agricultural
production establishments.
2. When
changing the land use purpose under Clause 1 of this Article, land users shall
fulfill financial obligations as prescribed by law. The land use regime and the
rights and obligations of land users are those applicable to the type of the
land used for the new purpose.
Article 58. Conditions for land allocation, land lease and
change of land use purpose to implement investment projects
1. For
investment projects that use paddy land or land for protection forests or land
for special- use forests for other purposes and are other than those to be
decided by the National Assembly or approved in principle by the Prime
Minister, competent state agencies may only decide on land allocation or land
lease or permit change of land use purpose when one of the following documents
is available:
a/ The
written approval by the Prime Minister for change of land use purpose for the
paddy land with an area of 10 ha or more, and for protection forest or
special-use forest with a land area of 20 ha or more;
b/ The
resolution of the provincial-level People’s Council for change of land use
purpose for the paddy land with an area less than 10 ha, and for protection
forest or special-use forest with a land area less than 20 ha.
2. For
investment projects which use land on islands or in border or coastal communes,
wards or townships, competent state agencies may only decide on land
allocation, land lease or change of land use purpose upon receiving written
approval from related ministries and agencies.
3. Those
who are allocated land or leased land by the State, or permitted by the State
to change land use purpose to implement investment projects must meet the
following conditions:
a/ Having
financial capacity to ensure the land use according to the investment project’s
schedule;
b/ Paying
a deposit in accordance with the investment law;
c/ Not
violating the land law if they are implementing other projects on the
state-allocated or -leased land.
4. The
Government shall detail this Article.
Article 59. Competence to allocate, lease land and approve
change of land use purpose
1. Provincial-level
People’s Committees may decide on the allocation or lease of land, and permit
change of land use purpose in the following cases:
a/
Allocation or lease of land to, and permission for change of land use purpose
for, organizations;
b/
Allocation of land to religious institutions;
c/
Allocation of land to overseas Vietnamese or foreign-invested enterprises under
Clause 3, Article 55 of this Law;
d/ Lease
of land to overseas Vietnamese or foreign-invested enterprises under Points e
and f, Clause 3, Article 56 of this Law;
2.
District-level People’s Committees may decide on the allocation or lease of
land, and permit change of land use purpose in the following cases:
a/
Allocation or lease of land to, and permission of change of land use purpose
for, households and individuals. If these subjects wish to lease or use
agricultural land with an area of 0.5 ha or more for trading and service
purposes, written approval from the provincial-level People’s Committee is
required before the district-level People’s Committee makes decision;
b/
Allocation of land to communities.
3.
Commune-level People’s Committees may lease land from the agricultural land
fund for public purposes in their communes, wards or townships.
4.
Agencies having the competence to decide on land allocation or lease and permit
change of land use purpose as prescribed in Clauses 1 and 2 of this Article may
not delegate their competence.
Article 60. Handling of cases of land allocation and land
lease which are decided prior to the effective date of this Law
1.
Economic organizations, households, individuals and overseas Vietnamese that
are eligible to lease land in accordance with this Law and are allocated land
with land use levy by the State prior to the effective date of this Law, may
continue using the land for the remaining land use term without having to
change to lease land. Upon the expiry of the land use term, if permitted to
extend the land use term by a competent state agency, they shall change to
lease land in accordance with this Law.
2.
Organizations, households, individuals and overseas Vietnamese who are eligible
to lease land in accordance with this Law and are allocated land by the State
without land use levy prior to the effective date of this Law, shall change to
lease land from the effective date of this Law and pay land rental.
3.
Economic organizations, households, individuals and overseas Vietnamese that
are eligible to lease land in accordance with this Law and lawfully acquire
land use rights prior to the effective date of this Law, may continue using the
land for the remaining land use term without having to change to lease land in
accordance with this Law.
4.
Economic organizations that are eligible to lease land in accordance with this
Law and lawfully acquire agricultural land use rights from households or
individuals that are allocated land without land use levy by the State to
implement investment projects in agricultural production prior to the effective
date of this Law, may continue using the land for the remaining land use term
without having to change to lease land in accordance with this Law.
5.
Overseas Vietnamese and foreign-invested enterprises that lease land with full
one-off rental payment for the entire lease period to implement investment
projects on construction of houses for sale or for a combination of sale and
rent prior to the effective date of this Law, may continue using the land for
the remaining land use term, or change to land allocation with land use levy in
accordance with this Law if they have demand.
Chapter VI
LAND EXPROPRIATION, LAND REQUISITION,
COMPENSATION, SUPPORT AND RESETTLEMENT
Section 1. LAND EXPROPRIATION AND LAND REQUISITION
Article 61. Land expropriation for national defense or
security purpose
The State
may recover land for national defense or security purpose in the following
cases:
1. Land
for military barracks or offices;
2. Land
for construction of military bases;
3. Land
for construction of national defense works, battle fields and special works of
national defense or security;
4. Land
for military railway stations and ports;
5. Land
for industrial, scientific and technological, cultural or sports facilities
that directly serve national defense or security purpose;
6. Land
for warehouses for the people’s armed forces;
7. Land
for shooting grounds, training grounds, and weapon testing and destroying
sites;
8. Land
for training institutions and centers, hospitals and sanatoriums of the
people’s armed forces;
9. Land
for construction of public-duty houses of the people’s armed forces;
10. Land
for detention and re-education institutions managed by the Ministry of National
Defense or the Ministry of Public Security.
Article 62. Land expropriation for socio-economic
development in the national or public interest
The State
may recover land for socio-economic development in the national or public
interest in the following cases:
1.
Implementation of projects of national importance which are approved in
principle by the National Assembly for which land must be expropriated.
2.
Implementation of projects which are approved or decided by the Prime Minister,
including:
a/
Projects on construction of industrial parks, export processing zones, hi-tech
zones, economic zones, new urban centers; investment projects funded with
official development assistance (ODA) capital;
b/
Projects on construction of offices of state agencies, central political and
socio-political organizations, offices of foreign organizations with diplomatic
functions; ranked historical-cultural relics and scenic spots, parks, squares,
statutes, monuments and national public non-business facilities;
c/
Projects for construction of national technical infrastructure including transport,
irrigation, water supply and drainage, electricity and communication
facilities; oil and gasoline pipelines and depots; national reserve warehouses;
facilities for waste collection and treatment.
3.
Implementation of projects which are approved by provincial-level People’s
Councils for which land must be expropriated, including:
a/
Projects on construction of offices of state agencies, political and
socio-political organizations; ranked historical-cultural relics and scenic
spots, parks, squares, statutes, monuments, and local public non-business
facilities;
b/
Projects on construction of local technical infrastructure including transport,
irrigation, water supply and drainage, electricity, communication and urban
lighting works; facilities for waste collection and treatment;
c/
Projects on construction of common activities of the communities; projects on
resettlement, dormitories for students, social houses, and public-duty houses;
construction of religious institutions, public culture, sports and entertainment
and recreation centers; markets; graveyards, cemeteries, funeral service
centers and cremation centers;
d/
Projects on construction of new urban centers and rural residential areas; on
improvement of urban areas and rural residential areas; industrial clusters;
concentrated zones for production and processing of agricultural, forestry,
aquaculture and seafood products; and projects on development of protection
forests or special-use forests;
dd/
Mining projects that are licensed by competent agencies, except mining of
minerals for use as common construction materials, peat, and minerals in
scattered and small mining areas, and salvage mining.
Article 63. Bases for land expropriation for national
defense or security purpose; for socio-economic development in the national or
public interest
Land
expropriation for national defense or security purpose; for socio-economic
development in the national or public interest must be based on the following:
1. The
projects require land expropriation as prescribed in Articles 61 and 62 of this
Law.
2. The
annual district-level land use plans which are approved by competent state
agencies.
3. The
land use schedule of the projects.
Article 64. Land expropriation due to violations of land
law
1. Cases
of land expropriation due to violations of the land law include:
a/ Land
is not used for the purposes for which land has been allocated, leased, or land
use rights have been recognized by the State and the land users, after having
been sanctioned administratively for using land for improper purposes, still
continue committing the violation;
b/ Land
users intentionally damage land;
c/ Land
was allocated or leased to wrong subjects or ultra vires;
d/ Land
that is ineligible for transfer or donation as prescribed in this Law is
transfeưed or donated;
e/ Land
that is allocated by the State for management is encroached or occupied;
f/ Land
that is ineligible for transfer of land use rights as prescribed by this Law is
encroached or occupied due to the irresponsibility of land users;
g/ Land
users who fail to fulfill obligations to the State and have been
administratively sanctioned for such violation but do not comply;
h/ Land
for annual crops that is not used for 12 consecutive months; land for perennial
plants that is not used for 18 consecutive months; land for afforestation that
is not used for 24 consecutive months;
i/ Land
that is allocated or leased for implementing investment projects is not used
within 12 consecutive months, or the land use schedule is 24 months late
compared with the schedule stated in the project documents since the hand-over
in the field. In case of not putting the land into use, the land use term may
be extended 24 months and the investors shall pay a sum of money equivalent to
the total land use levy or land rental for the delayed period. If the investors
still fail to put the land into use when the extended time is over, the State
shall recover the land without compensation for land and land-attached assets,
except due to force majeure.
2. Land
expropriation due to violations of the land law must be based on documents and
decisions issued by state agencies which are competent to determine violations
of the land law.
3. The
Government shall detail this Article.
Article 65. Land expropriation due to termination of land
use in accordance with law, voluntary return of land or risks of threatening
human life
1. Cases
of land expropriation due to termination of land use in accordance with law,
voluntary return of land or risks threatening human life include:
a/
Organizations to which land is allocated by the State without land use levy, or
organizations to which land is allocated with land use levy and the land use
levy is originated from the state budget, are dissolved, go bankrupt, move to
another place, or have lower or no land use demand; land users which lease land
with annual rental payment are dissolved, go bankrupt, move to another place,
or have lower or no land use demand;
b/
Individual land users die without any heir;
c/ Land
users return the land voluntarily;
d/ Land
is allocated or leased by the State for definite periods and such periods
expired without extension allowed;
e/ Land
is located in environmentally polluted areas which bears the risks of threatening
human life;
f/ Land
having risks of being eroded or sunk or otherwise affected by other natural
disasters threatening human life.
2. Land
expropriation prescribed in Clause 1 of this Article must be based on the
following:
a/ For
the case of land expropriation prescribed at Point a, Clause 1 of this Article,
the document of a competent agency which has taken legal effect;
b/ For
the case of land expropriation prescribed at Point b, Clause 1 of this Article,
the death certificate or the decision declaring that the individual concerned
is dead in accordance with law and the document issued by the commune-level
People’s Committee of the locality where the individual concerned resides,
confirming that he/she has no heir;
c/ For
the case of land expropriation prescribed at Point c, Clause 1 of this Article,
the document of the land user on the return of land;
d/ For
the case of land expropriation prescribed at Point d, Clause 1 of this Article,
the decision on land allocation or land lease;
e/ For
the case of land expropriation prescribed at Point e and Point f, Clause 1 of
this Article, the decision issued by a competent state agency determining the
extent to which land is environmentally polluted, eroded, sunk, or otherwise
affected by another natural disaster which threatens human life.
3. The
Government shall detail this Article.
Article 66. Competence to recover land
1.
Provincial-level People’s Committee may decide on land expropriation in the
following cases:
a/
Recovery of land from organizations, religious institutions, overseas
Vietnamese, foreign organizations with diplomatic functions, and
foreign-invested enterprises, excluding the case prescribed at Point b, Clause
2 of this Article;
b/
Recovery of agricultural land which is part of the public land funds of
communes, wards or townships.
2.
District-level People’s Committees may decide on land expropriation in the
following cases:
a/
Recovery of land from households, individuals and communities;
b/
Recovery of land from overseas Vietnamese who are allowed to own houses in
Vietnam.
3. In
case both subjects prescribed in Clauses 1 and 2 of this Article exist in one
expropriated area, the provincial-level People’s Committee shall decide on the
land expropriation or authorize district-level People’s Committees to decide on
the land expropriation.
Article 67. Notification of land expropriation and
compliance with decisions on land expropriation for national defense or
security purpose; or for socio-economic development in the national or public
interest
1. Before
issuing a decision on land expropriation, at least 90 days prior to the
recovery of agricultural land or 180 days prior to the recovery of
non-agricultural land, competent state agencies shall notify the land users of
the land expropriation. The contents to be notified include land expropriation,
investigation, survey, measurement and inventory plans.
2. In
case land users whose land is expropriated agree on the land expropriation plan
prior to the time limit prescribed in Clause 1 of this Article, the competent
People’s Committee may decide on land expropriation without having to wait
until the time limit for the land expropriation notification expires.
3. Land
users whose land is expropriated shall coordinate with agencies and
organizations performing compensation and ground clearance in the process of
investigation, survey, measurement, inventory, and making of plans for
compensation, support and resettlement.
4. After
the land expropriation decisions take effect and plans for compensation,
support and resettlement approved by competent state agencies are publicized,
land users whose land is expropriated shall comply with the land expropriation
decisions.
Article 68. Organizations in charge of compensation and
ground clearance; management of expropriated land
1.
Organizations in charge of compensation and ground clearance include public
land service organizations and compensation, support and resettlement councils.
2. The
expropriated land shall be allocated for management and use according to the
following provisions:
a/ Land
expropriated under Articles 61 and 62 of this Law shall be allocated to
investors for implementation of investment projects or to public land service
organizations for management;
b/ Land
expropriated under Clause 1, Article 64, and Points a, b, c or d, Clause 1,
Article 65 of this Law shall be allocated to public land service organizations
for management and auction of land use rights.
In case
the land expropriated under Clause 1, Article 64, and Point a, b, c or d,
Clause 1, Article 65 of this Law, is agricultural land of households and
individuals in rural areas that land shall be allocated to commune-level
People’s Committees for management. This land fund shall be allocated or leased
in accordance with law to households and individuals that have no land or lack
production land.
3. The
Government shall detail this Article.
Article 69. Order and procedures for land expropriation for
national defense or security purpose; for socio-economic development in the
national or public interest
1. The
making and implementation of plans for land expropriation, investigation,
survey, measurement and inventory are prescribed as follows:
a/ The
People’s Committee having competence to recover land shall issue a notice of
land expropriation.
The
notice of land expropriation must be sent to every land user whose land is
expropriated, publicized in the meetings with people in the expropriated area
and through the mass media, posted up at offices of the commune-level People’s
Committee and at common public places of the residential areas of which land is
expropriated;
b/ The
commune-level People’s Committee shall coordinate with the organization in
charge of compensation and ground clearance to implement plans for land
expropriation, investigation, survey, measurement and inventory;
c/ Land
users shall coordinate with the organization in charge of compensation and
ground clearance in conducting investigation, survey and measurement of land
area, inventory of houses and other land-attached assets to develop plans for
compensation, support and resettlement;
d/ In
case the land users in the expropriated area do not cooperate with the
organization in charge of compensation and ground clearance for investigation,
survey, measurement and inventory, the commune-level People’s Committee and
Vietnam Fatherland Front in the locality and the organization in charge of
compensation and ground clearance shall mobilize and persuade the land users to
cooperate.
If the
land users still do not cooperate with the organization in charge of
compensation and ground clearance within 10 days after the mobilization and
persuasion, the chairperson of the district-level People’s Committee shall
issue a decision on compulsory inventory. Land users whose land is to be
expropriated shall comply with that decision. In case the land users do not
comply with the decision, the chairperson of the district-level People’s
Committee shall issue a decision on enforcement of the decision on compulsory
inventory and organize the enforcement in accordance with Article 70 of this
Law.
2. The
making and appraisal on plans for compensation, support and resettlement are
prescribed as follows:
a/ The
organization in charge of compensation and ground clearance shall make the plan
for compensation, support and resettlement and coordinate with the
commune-level People’s Committee in the locality to conduct consultations on
the plans for compensation, support and resettlement in the forms of meetings
with land users living in the expropriated area, posting up the plan for
compensation, support and resettlement at offices of the commune-level People’s
Committee and at common public places of the residential areas of which land is
expropriated.
The
consultation results must be recorded in minutes which are certified by
representatives of the commune-level People’s Committee and Vietnam Fatherland
Front, and land users whose land is expropriated.
The
organization in charge of compensation and ground clearance shall make a
written summarization of opinions which clearly specifies the numbers of
opinions for, against and other opinions regarding the plans for compensation,
support and resettlement; coordinate with the commune-level People’s Committee
in the locality in organizing dialogues with those who have objections on the
plans for compensation, support and resettlement; and improve the plans for
compensation, support and resettlement for submission to competent agencies.
b/
Competent agencies shall appraise the plans for compensation, support and
resettlement before submitting them to the competent People’s Committee for
decision on land expropriation.
3. The
decision on land expropriation, the approval and the organization of
implementation of the plans for compensation, support and resettlement are
prescribed as follows:
a/ The
People’s Committee which has the competence as prescribed in Article 66 of this
Law shall issue a decision on land expropriation and a decision on approval of
the plans for compensation, support and resettlement in the same day;
b/ The
organization in charge of compensation and ground clearance shall coordinate
with the commune-level People’s Committee to publicize and post up the decision
on approval of the plans for compensation, support and resettlement at the
commune-level People’s Committee offices and at common public places of the
residential areas of which land is expropriated. The organization shall send
the decision on compensation, support and resettlement to each person whose land
is expropriated and that decision will clearly show the level of compensation
and support, arrangement of the resettlement land or house (if any), time and
place of payment for compensation or support, time to arrange resettlement land
or house (if any) and time to hand over the expropriated land to the
organization in charge of compensation and ground clearance;
c/ The
organization in charge of compensation and ground clearance shall implement
activities in accordance with the approved plans for compensation, support and
resettlement;
d/ In
case land users whose land is to be expropriated fail to hand over the land to
the organization in charge of compensation and ground clearance, the
commune-level People’s Committee and Vietnam Fatherland Front in the locality
and the organization in charge of compensation and ground clearance shall
mobilize and persuade the land users to hand over.
In case
the land users fail to comply with the decision even after the mobilization and
persuasion, the chairperson of the district-level People’s Committee shall
issue a decision on enforcement of land expropriation and organize the
enforcement in accordance with Article 71 of this Law.
4. The
organization in charge of compensation and ground clearance shall manage land
which is already cleared.
Article 70. Enforcement of decisions on compulsory
inventory
1.
Principles of enforcement of a decision on compulsory inventory:
a/ The
enforcement is conducted in a public, democratic, objective, orderly, safe and
lawful manner;
b/ The
times of starting the enforcement fall in working hours.
2. The
enforcement of a decision on compulsory inventory may be conducted when all the
following requirements are met:
a/ Land
users whose land is to be expropriated do not comply with the decision on
compulsory inventory after the mobilization and persuasion by the commune-level
People’s Committee, Vietnam Fatherland Front and the organization in charge of
compensation and ground clearance;
b/ The
decision on enforcement of the compulsory inventory decision is posted up
publicly at the office of the commune-level People’s Committee and at common
public places of the residential area of which land is expropriated;
c/ The
decision on enforcement of the compulsory inventory decision has taken effect;
d/ The
person who is to be coerced has received the effective decision on enforcement.
In case
the person who is to be coerced refuses to receive the decision on enforcement
or is absent when the decision on enforcement is delivered, the commune-level People’s
Committee shall make a written record of delivery.
3. The
district-level People’s Committee chairperson who issues the decision on
enforcement shall execute the decision on compulsory inventory and organize the
execution of the decision on enforcement.
4. The
order and procedures for executing the decision on enforcement of compulsory
inventory are prescribed as follows:
a/ The
organization assigned to conduct the enforcement shall mobilize, persuade and
organize dialogues with, the coerced people;
b/ In
case the coerced person complies with the decision on enforcement, the
organization assigned to conduct enforcement shall make a written record to
acknowledge the compliance, and conduct investigation, survey, measurement or
inventory.
In case
the coerced person fails to comply with the decision on enforcement, the
organization assigned to conduct the enforcement shall execute the decision on
enforcement.
Article 71. Enforcement of land expropriation decisions
1. The
principles of enforcement of a land expropriation decision comply with Clause
1, Article 70 of this Law.
2. The
enforcement of a land expropriation decision is conducted when all the
following requirements are met:
a/ The
person whose land is to be expropriated fails to comply with the land
expropriation decision after the mobilization and persuasion by the
commune-level People’s Committee and Vietnam Fatherland Front in the locality
and the organization in charge of compensation and ground clearance;
b/ The
decision on enforcement of the land expropriation decision is posted up at the
office of the commune-level People’s Committee and at common public places of
the residential area of which land is expropriated;
c/ The
decision on enforcement of the land expropriation decision has taken effect;
d/ The
person who is to be coerced has received the effective decision on enforcement.
In case
the person who is to be coerced refuses to receive the decision on enforcement
or is absent when the decision on enforcement is delivered, the commune-level
People’s Committee shall make a written record of delivery.
3. The
chairperson of the district-level People’s Committee issues the decision on
enforcement of the land expropriation decision, and organizes the execution of
the decision.
4. The
order and procedures for enforcement of land expropriation:
a/ Before
executing the enforcement, the chairperson of the district-level People’s
Committee shall decide to establish an enforcement board;
b/ The
enforcement board shall mobilize, persuade, and conduct dialogues with, the
coerced persons. If the coerced persons comply, the enforcement board shall
prepare a written record to acknowledge the compliance. The land must be handed
over within 30 days from the date of making the minutes.
In case
the coerced person fails to comply with the decision on enforcement, the
enforcement board shall execute the enforcement;
c/ The
enforcement board has the power to ask coerced persons and related people to
leave the coerced areas and to move their properties out of the land areas by
themselves. If these people fail to comply, the enforcement board shall move
the coerced persons, related people and their properties out of the areas.
In case
the coerced person refuses to receive their properties, the enforcement board
shall make a written record, preserve the properties in accordance with law,
and notify the properties’ owners to get the properties back.
5.
Responsibilities of organizations and individuals in executing decisions on
enforcement of land expropriation:
a/ The
district-level People’s Committee shall implement the enforcement, settle
complaints related to the enforcement in accordance with the law on complaints;
implement the resettlement plans before executing the enforcement; ensure
necessary conditions and means to serve the enforcement; and allocate funds for
enforcement activities;
b/ The
enforcement board shall assume the prime responsibility for making the
enforcement plans and cost estimation for enforcement activities and submitting
them to the competent People’s Committee for approval, conduct the enforcement
in accordance with the approved plans and hand over the land to the
organization in charge of compensation and ground clearance.
In case
there remain properties on the coerced land, the enforcement board shall
preserve the properties. The preservation cost shall be born by the properties’
owners;
c/ The
police shall maintain social order and safety in the process of organizing the
execution of the decision on enforcement of land expropriation;
d/ The
commune-level People’s Committee of the locality concerned shall coordinate
with related agencies in delivering and posting up the decision on enforcement
of land expropriation, participate in the enforcement process and coordinate
with the organization in charge of compensation and ground clearance in sealing
and moving the properties of coerced people;
e/ Other
related agencies, organizations and individuals shall coordinate with the
enforcement board in executing the enforcement of land expropriation at the
request of the enforcement board.
6. The
Government shall detail this Article.
Article 72. Land requisition
1. The
State may requisition land in case of extreme necessity to perform the tasks of
national defense or security, or in a state of war or emergency, or of
prevention and combat of natural disasters.
2. The
decision on land requisition must be made in writing. In case of emergency when
the decision can not be made in writing, the person who has competence to
requisition land may make the decision verbally but shall write a confirmation
document on the land requisition decision right at the time of land
requisition. The decision on land requisition takes effect from the time of its
issuance.
Within 48
hours from the time of making the land requisition decision verbally, the
agency of the person making that decision shall confirm in writing and send the
confirmation document to the person whose land is requisitioned.
3. The
Minister of National Defense, the Minister of Public Security, the Minister of
Transport, the Minister of Agriculture and Rural Development, the Minister of
Health, the Minister of Industry and Trade, the Minister of Natural Resources
and Environment, chairpersons of provincial-level People’s Committees and
chairpersons of district-level People’s Committees have the competence to
decide on land requisition and to extend the duration of land requisition. The
persons who have the competence to requisition land may not delegate this competence
to another person.
4. The
duration of land requisition must not exceed 30 days from the time the decision
on land requisition takes effect. In a state of war or emergency, the duration
of land requisition is counted from the date of issuance of the decision on
land requisition, but must not exceed 30 days from the date the state of war or
emergency is repealed.
In case
the duration of land requisition expires but the objectives of the requisition
have not been achieved, the land requisition duration may be extended for no
more than 30 days. The decision to extend the land requisition must be made in
writing and sent to the people whose land is requisitioned before the land
acquisition duration expires.
5. The
person whose land is requisitioned shall comply with the decision on land
requisition. If the land requisition decision is made in accordance with law
and the people whose land is requisitioned fail to comply with that decision,
the person who decides to requisition the land shall issue a decision on
enforcement and organize the enforcement, or assign the chairperson of the
provincial-level People’s Committee and the district-level People’s Committee
of the locality to organize the enforcement.
6. The
person who has the competence to decide on land requisition shall allocate the
requisitioned land to organizations and individuals for efficient and proper
management and use; return the land when the requisition duration expires; and
make compensation for the damage caused by the land requisition.
7. The
compensation for damage caused by land requisition is prescribed as follows:
a/ The
person whose land is requisitioned is entitled to compensation in case the
requisitioned land is destroyed or his/her income is lost as a direct
consequence of the land requisition;
b/ If the
requisitioned land is destroyed, the compensation must be made in money, based
on the price of land use rights transferred in the market at the payment time;
c/ If the
person whose land is requisitioned loses income as a direct consequence of the
land requisition, the compensation must be determined based on the actual loss
of income from the hand-over date to the returning date of the requisitioned
land which is indicated in the decision on return of the requisitioned land.
The amount
of actual loss of income must be consistent with the income incurred from the
requisitioned land in normal conditions prior to the requisition.
d/ The
chairperson of the provincial- or district-level People’s Committee of the
locality shall form a council to determine the level of compensation for damage
caused by the land requisition based on the written declarations of the land
users and cadastral records. Based on the level of compensation determined by
the council, the chairperson of the provincial- or district-level People’s
Committee shall decide on the compensation;
e/
Compensation for damage caused by land requisition must be paid from the state
budget in one-off payment and directly to the person whose land is
requisitioned within 30 days from the returning date.
8. The
Government shall detail this Article.
Article 73. Use of land through transfer and lease of land
use rights and receipt of land use rights contributed as capital for production
and business
1. If the
land used for the projects or facilities for production and business purposes
is not subject to recovery by the State as prescribed in Articles 61 and 62 of
this Law and such land use is in accordance with the land use master plans and
plans approved by competent state agencies, the investors may receive the
transfer of, or lease, land use rights, or receive land use rights contributed
as capital in accordance with law.
2. The
State shall adopt policies to encourage the lease of land use rights or the
receipt of land use rights contributed as capital of economic organizations,
households and individuals to implement the projects or facilities for
production and business.
3. The
Government shall detail this Article.
Section 2. COMPENSATION FOR LAND, SUPPORT AND RESETTLEMENT
Article 74. Principles of compensation upon land
expropriation by the State
1. Land
users who meet the conditions prescribed in Article 75 of this Law upon land
expropriation by the State shall be compensated.
2. The
compensation must be made in the form of allocating new land with the same land
use purpose with the expropriated land. If there is no land available for
compensation, the land users shall receive compensation in money calculated
according to the specific land price of the type of expropriated land which is
decided by the provincial-level People’s Committee at the time of the recovery
decision.
3. The
compensation upon land expropriation by the State must be made in a democratic,
impartial, equal, public, timely and lawful manner.
Article 75. Conditions for receiving compensation when the
State expropriates land for national defense or security purpose; for
socio-economic development in the national or public interest
1.
Households and individuals using land which is not leased land with annual
rental payment, having a certificate of land use rights, a certificate of
ownership of houses and residential land use rights, or a certificate of land
use rights and ownership of houses and other land-attached assets (below referred
to as the certificate), or being eligible to be granted a certificate under
this Law but not being granted that certificate yet, except the cases
prescribed in Clause 2, Article 77 of this Law. Overseas Vietnamese who are
eligible to own houses associated with land use rights in Vietnam and are
granted a certificate of land use rights and ownership of houses and
residential land use rights and other land-attached assets, or being eligible
to be granted such certificate under this Law but not being granted that
certificate yet.
2.
Communities and religious institutions using land which is not allocated or
leased land by the State and having a certificate, or being eligible to be
granted a certificate of land use rights and ownership of houses and other land-attached
assets under this Law but not being granted that certificate yet.
3.
Overseas Vietnamese who are allocated land with land use levy by the State, or
are leased land with full one-off rental payment for the entire lease period,
or are transferred land use rights in industrial parks, industrial clusters,
export processing zones, hi-tech zones or economic zones, having a certificate
or being eligible to be granted a certificate of land use rights and ownership
of houses and other land-attached assets under this Law but not being granted
that certificate yet.
4.
Organizations that are allocated land with land use levy by the State, or are
leased land with full one-off rental payment for the entire lease period, or
receive inherited land use rights, or are transferred land use rights for which
the land use levy has been paid or the amount paid for the transfer does not
originate from the state budget, having a certificate or being eligible to be
granted a certificate of land use rights and ownership of houses and other
land-attached assets under this Law but not being granted that certificate yet.
5.
Foreign organizations with diplomatic functions that are leased land by the
State with full one-off rental payment for the entire lease period and having a
certificate or being eligible to be granted a certificate of land use rights
and ownership of houses and other land-attached assets under this Law but not
being granted that certificate yet.
6.
Economic organizations, overseas Vietnamese and foreign-invested enterprises
that are allocated by the State land with land use levy to implement investment
projects for construction of houses for sale or for a combination of sale and
rent, or are leased land with full one-off rental payment for the entire lease
period, having a certificate or being eligible to be granted a certificate of
land use rights and ownership of houses and other land-attached assets under
this Law but not being granted that certificate yet.
Article 76. Compensation for remaining investment costs on
land when the State expropriates land for national defense or security purpose;
or for socio-economic development in the national or public interest
1. Cases
that are not eligible for compensation for land but are eligible for
compensation for the remaining investment costs on land when the State recovers
the land include:
a/ Land
which is allocated by the State without land use levy, except the cases in
which agricultural land is allocated to households and individuals as
prescribed in Clause 1, Article 54 of this Law;
b/ Land
which is allocated with land use levy by the State to organizations but those
organizations are exempted from land use levy;
c/ Land
which is leased by the State with annual rental payment or leased land with
full one- off rental payment for the entire lease period but the land rental is
exempted, for cases in which households and individuals use land under the
policies for people with meritorious services to the revolution;
d/
Agricultural land belonging to the public land fund of the communes, wards or
townships;
e/
Contracted land for agriculture, forestry, aquaculture or salt production.
2. The
Government shall detail this Article.
Article 77. Compensation for land and remaining investment
costs on land when the State recovers agricultural land from households and
individuals
1.
Households and individuals using agricultural land when the State expropriates
land are eligible to receive compensation for land and remaining investment
costs on land in accordance with the following provisions:
a/
Agricultural land area to be compensated includes the area within the quotas as
prescribed in Articles 129 and 130 of this Law and the area received in the
form of inheritance;
b/
Agricultural land area exceeding the quota specified in Article 129 of this Law
is ineligible for compensation for land but is eligible for the remaining
investment costs on land;
c/ For
agricultural land area exceeding the quota prior to the effective date of this
Law, the compensation and support must comply with the Government’s
regulations.
2. For
agricultural land which was used before July 1,2004, of which land users are
households and individuals directly engaged in agricultural production but have
not been granted a certificate or not being eligible to be granted a
certificate of land use rights and ownership of houses and other land-attached
assets under this Law, the compensation must be made for the land area which is
actually used and does not exceed the agricultural land allocation quota
prescribed in Article 129 of this Law.
Article 78. Compensation for land and remaining investment
costs on land when the State recovers agricultural land from economic
organizations, self-financed public non-business organizations, communities or
religious institutions
1. For
economic organizations that are using allocated agricultural land with land use
levy or leased land with full one-off rental payment for the entire lease period,
or are transferred land use rights, if they are eligible for compensation as
prescribed in Article 75 of this Law when the State recovers the land, they
shall be compensated for land for the remaining land use term.
2.
Economic organizations, self-financed public non-business organizations that
are using allocated agricultural land with annual rental payment, shall, upon
land expropriation by the State, not be compensated for land but for the
remaining investment costs on land if the costs do not originate from the state
budget.
If
agricultural land is not land for special-use forest, protection forest or
production forest which is natural forest and has been contracted by economic
organizations to households and individuals in accordance with law, upon land
expropriation by the State, die households and individuals acquiring the
contracted land shall not be compensated for land but for the remaining
investment costs on land.
3.
Communities and religious institutions that are using agricultural land and eligible
for compensation as prescribed in Article 75 of this Law, shall, upon land
expropriation by the State, be compensated for land in accordance with the
Government’s regulations.
Article 79. Compensation for land when the State recovers
residential land
1.
Households and individuals using residential land and overseas Vietnam owning
houses associated with land use rights in Vietnam, who are eligible for
compensation as prescribed in Article 75 of the Law upon land expropriation by
the State, shall be compensated as follows:
a/ If
they have no other residential land or houses in the communes, wards or
townships in which the expropriated land is located, they shall be compensated
with residential land or house. If they have no need for compensation with residential
land or house, the State shall compensate them in money;
b/ If
they have other residential land or houses in the communes, wards or townships
in which the expropriated land is located, they shall be compensated in money.
For localities with available land fund, the compensation in the form of land
may be considered.
2. For
households and individuals that are required to move upon the State’s recovery
of land and land-attached houses, if they are ineligible for compensation with
residential land and have no other living place, the State shall offer houses
for them to buy or lease-purchase, or allocate them residential land with land
use levy.
3.
Economic organization, overseas Vietnamese and foreign-invested enterprises
that are using land for housing projects and are eligible for compensation as
prescribed in Article 75 of this Law, shall be compensated for land upon land
expropriation by the State.
4. The
Government shall detail this Article.
Article 80. Compensation for land and remaining investment
costs on land when the State recovers non-agricultural land which is not
residential land of households and individuals
1. For
households and individuals using non-agricultural land which is not residential
land, when the State expropriates land, if they are eligible for compensation
as prescribed in Article 75 of this Law, they shall be compensated with land
having the same land use purpose. In case such land is not available for
compensation, they shall be compensated with money calculated based on the
remaining land use term.
2. For
households and individuals using non-agricultural land which is not residential
land and is leased by the State with annual rental payment or with full one-off
rental payment for the entire lease period but being exempted from land rental,
when the State expropriates land, they shall not be compensated for land but
for the remaining investment costs in land, except the cases in which
households and individuals use land under the policies for people with
meritorious services to the revolution.
3. The
Government shall detail this Article.
Article 81. Compensation for land and remaining investment
costs on land when the State recovers non-agricultural land which is not
residential land from economic organizations, self-financed public non-business
organization, communities, religious institutions, overseas Vietnamese, foreign
organizations with diplomatic functions, and foreign-invested enterprises
1. For
economic organizations and overseas Vietnamese using non-agricultural land
which is not residential land or land of cemeteries or graveyards, when the
State expropriates land, if they are eligible for compensation as prescribed in
Article 75 of this Law, they shall be compensated with land having the same
land use purpose. In case that land is not available for compensation, they
shall be compensated with money calculated based on the remaining land use
term.
2.
Economic organizations using land allocated for construction of cemeteries or
graveyards as prescribed in Clause 4, Article 55 of this Law, or joint ventures
using non-agricultural land that is not residential land as a result of receipt
of land use rights contributed as capital as prescribed in Article 184 of this
Law, shall be compensated for land according to the Government’s regulations
when the State recovers the land.
3. For
economic organizations, self-financed public non-business organization,
overseas Vietnamese, foreign organizations with diplomatic functions, and
foreign-invested enterprises using non-agricultural land which is leased with
full one-off rental payment for the entire lease period, if they are eligible
for compensation as prescribed in Article 75 of this Law when the State
expropriates land, they shall be compensated for land according to the remaining
land use term.
4.
Economic organizations, self-financed public non-business organization,
overseas Vietnamese, foreign organizations with diplomatic functions, and
foreign-invested enterprises using non-agricultural land which is leased by the
State with annual rental payment shall be compensated for the remaining
investment costs on land upon land expropriation by the State.
5. For
communities and religious institutions using non-agricultural land, if they are
eligible for compensation as prescribed in Article 75 of this Law when the
State expropriates land, they shall be compensated for land in accordance with
the Government’s regulations.
Article 82. Cases in which compensation for land is not
made upon land expropriation by the State
The State
shall recover land without compensation for land in the following cases:
1. The
cases specified in Clause 1, Article 76 of this Law;
2. Land
which is allocated by the State for management;
3. Land
which is expropriated as prescribed in Article 64 and at Points a, b, c and d,
Clause 1, Article 65 of this Law;
4. Cases
that are not eligible for a certificate of land use rights and ownership of
houses and other land-attached assets in accordance with this Law, except the
cases prescribed in Clause 2, Article 77 of this Law.
5.
Principles of support upon land expropriation by the State:
a/ Upon
land expropriation by the State, in addition to receiving compensation in
accordance with this Law, land users shall also be considered for receiving
support from the State;
b/ The
support must ensure impartiality, equality, publicity, timeliness and
lawfulness.
6. The
support upon land expropriation by the State includes:
a/
Support for stabilizing livelihood and production;
b/
Support for training, occupation change and job seeking for cases of recovery
of agricultural land from households and individuals directly engaged in
agricultural production, or of recovery of land which is a combination between
residential land and land for trading and services of households and
individuals that have to be relocated;
c/
Support for resettlement in case of recovery of land from households,
individuals and overseas Vietnamese who have to be relocated;
d/ Other
support.
7. The
Government shall detail this Article.
Article 83. Assistance upon
land expropriation by the State
1.
Rules for provision of assistance upon land
expropriation by the State:
a) In addition to compensation prescribed in this Law, land
users will also receive assistance from the State upon land expropriation by
the State;
b) Assistance provision shall be objective, fair, timely,
transparent and conformable with law.
2.
Assistance upon land expropriation by the State
includes:
a)
Assistance in stabilization of life and production;
b)
Assistance in vocational training, occupation change and job seeking in
case of expropriation of agricultural land of households and individuals
directly engaged in agricultural production; expropriation of land serving both
accommodation and service business of households and individuals who have to be
relocated afterward;
c)
Assistance in relocation in case of expropriation of homestead land of
households, individuals, Vietnamese nationals residing overseas who have to be
relocated afterward;
d)
Other kinds of assistance.
3.
The Government shall elaborate this Article.
Article
84. Support for vocational training, occupation change and job seeking for
households and individuals upon land expropriation by the State
1. For
households and individuals directly engaged in agricultural production, when
the State recovers agricultural land and there is no agricultural land
available for compensation, in addition to receiving compensation in money,
they are entitled to support for vocational training, occupation change and job
seeking.
In case
the people who are entitled to support for vocational training, occupation
change or job seeking are of working age and have need for vocational training,
they may be admitted to vocational training centers, receive counseling on job
seeking and preferential loans to develop production and business.
2.
Households and individuals using residential land in combination with trading
and services in which the main source of income derives from trading and
services, and need to be relocated when the State expropriates land, are
entitled to preferential loans to develop production and business. Those whose
land is expropriated and who are of working age are entitled to support for
vocational training, occupation change and job seeking.
3. Based
on the annual district-level land use plans, provincial- and district-level
People’s Committees shall make and implement plans for vocational training,
occupation change and job seeking for those whose expropriated land is
agricultural land or residential land in combination with trading and services.
Plans for vocational training, occupation change and job seeking shall be
developed and approved concurrently with plans for compensation, support and
resettlement.
During
the process of making plans for vocational training, occupation change and job
seeking, provincial- and district-level People’s Committees shall organize
consultations with, and give explanation and assimilate opinions from, people
whose land is expropriated.
Article 85. Formulation and implementation of resettlement
projects
1.
Provincial- and district-level People’s Committees shall develop and implement
the resettlement projects before conducting the land expropriation.
2. In the
concentrated resettlement areas, infrastructure must be developed
synchronously, ensuring construction standards and regulations and conformity
with the conditions, customs and practices of each region and area.
3. Land
expropriation can only be conducted after the construction of houses and
infrastructure in the resettlement area is completed.
4. The
Government shall detail this Article.
Article 86. Resettlement arrangement for those whose
land is expropriated and who need to be relocated
1. The
organization in charge of compensation and ground clearance which is assigned
by the provincial- and district-level People’s Committees to arrange
resettlement shall notify those whose land is expropriated and who need to be
relocated of the tentative resettlement arrangement plan and post up the plan
at the offices of the commune-level People’s Committee, at common public places
of the residential areas of which land is expropriated and at resettlement areas
for at least 15 days before competent state agencies approve the plan.
The
contents of the notification include the location and area of resettlement land
and resettlement houses, design and area of each land lot or apartment, prices
of resettlement land and resettlement houses, and the tentative plan for
resettlement arrangement for those whose land is expropriated.
2. People
whose land is expropriated shall be resettled in the same place if the
resettlement projects are developed or conditions for resettlement arrangement
exist in the expropriated area. Convenient locations are prioritized for those
who hand over the expropriated land early or people with meritorious services
to the revolution.
The
approved plan for resettlement arrangement must be publicized at the office of
the commune-level People’s Committee and at common public places of the
residential areas of which land is expropriated.
3. The
specific land price used to calculate land use levy at resettlement areas and
the sale price of resettlement houses shall be determined by the
provincial-level People’s Committee.
4. In
case people having land expropriated are resettled while the amount of
compensation and support is not enough to buy the minimum resettlement plot,
the State shall make up the deficit.
The
Government shall specify the minimum resettlement plot in conformity with
specific conditions of each region, area and locality.
Article 87. Compensation, support and resettlement for
special cases
1. For
investment projects that are decided by the National Assembly or approved in
principle by the Prime Minister and require relocation of all population in the
community, affecting all the livelihood, socio-economic activities, and
cultural traditions of the community, and for projects of which the
expropriated land is located in several provinces and centrally run cities, the
Prime Minister shall decide on the policy framework for compensation, support
and resettlement.
2. For
projects using loans from international or foreign organizations for which
Vietnam has committed to a policy framework for compensation, support and
resettlement, that framework policy shall apply.
3. For
the cases prescribed at Points e and f, Clause 1, Article 65 of this Law,
people whose land is expropriated are entitled to compensation, support and
resettlement to stabilize their livelihood and production in accordance with
the Government’s regulations.
Section 3. COMPENSATION FOR DAMAGE TO ASSETS, PRODUCTION
AND BUSINESS
Article 88. Principles of compensation for damage to assets
and damage incurred due to stopped production and business upon land
expropriation by the State
1. If
land-attached assets are damaged upon land expropriation by the State, lawful
owners of those assets are entitled to compensation.
2. Upon
the land expropriation by the State, if organizations, households, individuals,
overseas Vietnamese or foreign-invested enterprises have to stop production and
business which causes them damage, they are entitled to compensation for the
damage.
Article 89. Compensation for damage to houses and
construction facilities on land upon the land expropriation by the State
1. For
houses and land-attached residential construction facilities of households,
individuals or overseas Vietnamese which are wholly or partially dismantled
upon land expropriation by the State while the remaining part does not meet
technical standards as prescribed by law, their owners are entitled to
compensation equivalent to the value of new houses and construction facilities
with equivalent technical standards.
If the
remaining part of the houses and construction facilities still meets the
technical standards as prescribed by law, the compensation must be made based
on the actual damage.
2. For
houses and other land-attached construction facilities not falling into the
case specified in Clause 1 of this Article, which are wholly or partially
dismantled upon land expropriation by the State while the remaining part does
not meet technical standards as prescribed by law, their owners are entitled to
compensation for the damage in accordance with the Government’s regulations.
3. For
land-attached technical infrastructure and social infrastructure cuưently in
use and not falling into the cases specified in Clauses 1 and 2 of this
Article, the compensation amount is equivalent to the value of new construction
facilities with equivalent technical standards prescribed by specialized law.
Article 90. Compensation for plants and livestock
1. In
case the land expropriation by the State causes damage to plants, the
compensation shall be made according to the following provisions:
a/ For
annual crops, the compensation must be equal to the output value of the
harvest. The output value of the harvest is the highest yield of the harvests
in the preceding 3 years of the local main crop and the average price at the
time of land expropriation;
b/ For
perennial crops, the compensation must be equal to the current value of the
planting area calculated in local prices at the time of the land expropriation,
excluding the value of land use rights;
c/ For
plants which have not been harvested yet but can be brought to another
location, the transportation cost and the actual damage due to the
transportation and re-planting must be compensated;
d/ For
planted forests funded by the state budget and for natural forests allocated to
organizations, households and individuals for planting, management, growing or
protection, the value of the actual damage must be compensated. The
compensation amount must be divided to those who manage, grow and protect the
forests in accordance with the law on forest protection and development.
2. In
case land expropriation by the State causes damage to aquatic livestock, the
compensation must be made according to the following provisions:
a/ For
aquatic livestock which are due to be harvested at the time of land
expropriation, no compensation must be made;
b/ For
aquatic livestock which are not due to be harvested at the time of land
expropriation, the actual damage due to the early harvest must be compensated.
In case the aquatic livestock can be brought to another location, the
transportation cost and the damage caused by the transportation must be
compensated. The specific compensation amount must be determined by provincial-level
People’s Committees.
Article 91. Compensation for transportation costs upon land
expropriation by the State
1. Upon
land expropriation by the State, people whose assets need to be moved shall be
compensated for the cost of dismantlement, transportation and installation. In
case of moving machinery or production lines, the damage caused during the
process of dismantlement, transportation and installation must also be
compensated.
2.
Provincial-level People’s Committees shall prescribe the compensation amount
mentioned in Clause 1 of this Article.
Article 92. Cases ineligible for compensation for
land-attached assets upon land expropriation by the State
1.
Land-attached assets falling into any of the cases of land expropriation
specified at Points a, b, d, e, f and i, Clause 1, Article 64, and at Points b
and d, Clause 1, Article 65 of this Law.
2.
Land-attached assets which are illegally created or created after the notice of
land expropriation by a competent state agency takes effect.
3.
Technical infrastructure, social infrastructure and other construction
facilities which are no longer in use.
Article 93. Payment of compensation, support and
resettlement money
1. Within
30 days after the decision on the land expropriation by a competent state agency
takes effect, agencies and organizations in charge of compensation shall pay
compensation and support to people whose land is expropriated.
2. If
agencies and organizations in charge of compensation delay the payment, in
addition to the compensation and support prescribed in approved plans for
compensation, support and resettlement, people whose land is expropriated are
entitled to an amount equivalent to the late- payment interest in accordance
with the Law on Tax Administration calculated based on the unpaid amount and
the delayed period.
3. In
case people whose land is expropriated do not receive the compensation and
support prescribed in approved plans for compensation, support and
resettlement, this compensation and support must be deposited in the temporary
custody account of the State Treasury.
4. For
land users who are entitled to compensation upon land expropriation by the
State but have not fulfilled land-related financial obligations as prescribed
by law, the amount of these financial obligations must be deducted from the
compensation amount and paid back to the state budget.
5. The
Government shall detail this Article.
Article 94. Compensation for land within safety coưidors
upon construction of facilities with safety corridors
When the
State constructs public, national defense or security facilities with safety
corridors without recovering the land located within the safety corridors, the
land users are entitled to compensation for the damage caused by limited land
use and for the damage to land-attached assets in accordance with the
Government’s regulations.
Chapter VII
LAND REGISTRATION, GRANT OF CERTIFICATES
OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND OTHER LAND-ATTACHED ASSETS
Section 1. REGISTRATION OF LAND, HOUSES AND OTHER
LAND-ATTACHED ASSETS
Article 95. Registration of land, houses and other
land-attached assets
1. Land
registration is compulsory for land users and people who are allocated land for
management. Registration of ownership of houses and other land-attached assets
is conducted at the request of the owner.
2.
Registration of land, houses and other land-attached assets includes the first
registration and change registration which are conducted at the land
registration organization under the land administration agency, in the form of
paper or electronic registration, which are of the same legal validity.
3. First
registration is conducted in the following cases:
a/ The
land parcel is allocated or leased for use;
b/ The
land parcel is in use but not registered yet;
c/ The
land parcel is allocated for management but not registered yet;
d/ The
houses and other land-attached assets are not registered yet.
4. Change
registration is conducted in the cases in which the certificates have been
granted or change occurs after the first registration as follows:
a/ The
land user or the owner of land-attached assets exercises the right to exchange,
transfer, lease, sublease, inherit, donate land use rights or land-attached
assets; mortgage or contribute as capital land use rights or land-attached
assets;
b/ The
land user or the owner of land-attached assets is allowed to change his/her
name;
c/ There
is a change in the shape, dimension, area, number and address of the land
parcel;
d/ There
is a change in land-attached assets compared with the registered contents;
e/ There
is a change of land use purpose;
f/ There
is a change of land use term;
g/ There
is a change from land lease with annual rental payment to land lease with
one-off rental payment for the entire lease period, from land allocation
without land use levy to land lease, or from land lease to land allocation with
land use levy in accordance with this Law;
h/ Land
use rights or the ownership of houses and other land-attached assets of the
wife or husband is converted the joint land use rights and ownership of houses
and other land-attached assets of both husband and wife;
i/ The
joint land use rights and ownership of houses and other land-attached assets of
the organization or the household, of both husband and wife, of joint land
users group and joint owners of land-attached assets are split;
k/ There
is a change in land use rights or ownership of houses and other land-attached
assets as a result of the successful conciliation of land disputes which is
confirmed by a competent People’s Committee, the agreement in the mortgage
contract to settle the debt, the decision of a competent state agency on
settlement of land dispute, complaint and denunciation, the decision or
judgment of a People’s Court, the decision on enforcement of the enforcement
board which has been implemented, or the document recognizing the result of the
auction of land use rights in accordance with law;
l/ The
limited use rights to the adjacent land parcel are established, changed or
terminated;
m/ There
is a change in the limitations on the rights of land users.
5. Land
users and owners of land-attached assets who have declared and registered are
recorded in the cadastral book and granted a certificate of land use rights and
ownership of houses and other land-attached assets if they so request and are
eligible in accordance with this Law and other relevant laws. In case of change
registration, land users are granted a certificate of land use rights and
ownership of houses and other land-attached assets, or have the change
certified in the granted certificate.
In case
of first registration, if land users are ineligible for a certificate of land
use rights and ownership of houses and other land-attached assets, they may use
land temporarily until the State issues a handling decision on the issue in
accordance with Government’s regulations.
6. For
the cases of change registration specified at Points a, b, h, i, k and 1,
Clause 4 of this Article, land users shall perform the procedures for change
registration within 30 days from the date of the change. In case of
inheritance, this period is calculated from the date the inherited land use
rights are divided.
7. The
registration of land and land-attached assets takes effect on the date of
registration in the cadastral book.
Article 96. Cadastral records
8.
Cadastral records include paper or digital documents which show detailed
information on each land parcel, people assigned to manage the land, the land
user, the owner of any land-attached asset, land use rights and changes of land
use rights, and the ownership of land-attached assets.
9. The
Minister of Natural Resources and Environment shall prescribe cadastral
records, the establishment, editing and management of cadastral records, and
provide a roadmap for change from paper to digital cadastral records.
Section 2. GRANT OF THE CERTIFICATE OF LAND USE RIGHTS AND
OWNERSHIP OF HOUSES AND OTHER LAND-ATTACHED ASSETS
Article 97. Certificates of land use rights and ownership
of houses and other land-attached assets
1. A
certificate of land use rights and ownership of houses and other land-attached
assets is granted to those who have land use rights and the ownership of houses
and other land-attached assets, which is made according to a single form used
nationwide.
The
Minister of Natural Resources and Environment shall issue specific regulations
on the certificate of land use rights and ownership of houses and other
land-attached assets.
2. The
certificate of land use rights, the certificate of house ownership and
residential land use rights, the certificate of house ownership and the
certificate of construction facilities ownership which have been granted in
accordance with the land law, housing law or construction law before December
10, 2009, remain legally valid and are not required to be changed to the
certificate of land use rights and ownership of houses and other land-attached
assets. In case those who were granted a certificate before December 10, 2009,
want to change the certificate, they shall be granted the certificate of land
use rights and ownership of houses and other land-attached assets in accordance
with this Law.
Article 98. Principles of grant of certificates of land use
rights and ownership of houses and other land-attached assets
1. The
certificate of land use rights and ownership of houses and other land-attached
assets shall be granted for each land parcel. Land users who are using several
agricultural land parcels in the same commune, ward or township, shall be
granted one certificate for all parcels at their request.
2. For a
land parcel which is used by several land users or for the houses and other
land-attached assets which are owned by several owners, the names of all
involved persons shall be recorded in the certificate, and each person shall be
granted one certificate. At the request of the land users or owners, only one
certificate may be granted to all of them and delivered to the representative.
3. Land
users or owners of houses and other land-attached assets shall be granted a
certificate of land use rights and ownership of houses and other land-attached
assets after they have fulfilled the financial obligations as prescribed by
law.
In case
the land users or owners of houses and other land-attached assets do not have
to fulfill financial obligations or are exempted from financial obligations or
allowed to owe the financial obligations and in case the land is leased with
annual rental payment, they may receive the certificate of land use rights and
ownership of houses and other land-attached assets right after the certificate
is granted by a competent agency.
4. In
case land use rights, or land use rights and the ownership of houses and other
land- attached assets, or the ownership of houses and other land-attached
assets are/is the joint property of husband and wife, the full names of both
husband and wife must be recorded in the certificate of land use rights and
ownership of houses and other land-attached assets, unless husband and wife
agree to record the full name of only one person.
In case
land use rights, or land use rights and the ownership of houses and other
land-attached assets, or the ownership of houses and other land-attached assets
are/is the joint property of husband and wife and the granted certificate only
records the full name of the husband or wife, a new certificate which records
the full names of both husband and wife may be granted if requested.
5. If
there is a difference in the area between the actual surveyed data with data
recorded on the documents as prescribed in Article 100 of this Law or in the
granted certificate while the boundaries of the land parcel in use have not
changed compared with the boundaries of the land parcel at the time of
receiving the document on land use rights and there is no dispute with the
adjacent land users, the land area is determined in accordance with the actual
surveyed data for granting or changing the certificate. Land users do not have
to pay land use levy for the positive balance in area, if any.
In case
of resurvey and the boundaries of the land parcel change compared with the
boundaries of the land parcel at the time of receiving the document on land use
rights and the surveyed area is larger than the area recorded in that document,
the balance area (if any) may be considered for the grant of a certificate of
land use rights and ownership of houses and other land-attached assets in
accordance with Article 99 of this Law.
Article 99. Cases of land use to be granted a certificate
of land use rights and ownership of houses and other land-attached assets
1. The
State shall grant a certificate of land use rights and ownership of houses and
other land-attached assets for the following cases:
a/
Current land users who are eligible to be granted a certificate of land use
rights and ownership of houses and other land-attached assets in accordance
with Articles 100, 101 and 102 of this Law;
b/ People
who are allocated land or leased land by the State from the date this Law takes
effect;
c/ People
who are allowed to exchange, acquire, inherit, receive land use rights as a
donation, or receive land use rights contributed as capital, or to receive land
use rights upon settlement of contracts on mortgage with land use rights to
recover debts;
d/ People
who are entitled to use land as a result of the successful conciliation of land
disputes, a judgment or decision of the People’s Court, a judgment enforcement
decision of the judgment enforcement agency, or a decision on settlement of
land disputes, complaints or denunciations of a competent state agency, which
has been executed;
dd/ Land
use right auction winners;
e/ People
who use land in industrial parks, industrial parks, export processing zones,
hi-tech zones or economic zones;
g/ People
who buy houses and other land-attached assets;
h/ People
who buy houses attached to residential land liquidated by the State or buy
state- owned houses;
i/ People
who use split or consolidated land parcels; a group of land users or members of
a household, husband and wife, organizations using land who split or
consolidate the existing land use rights;
k/ Land
users who request change or re-grant of a lost certificate.
2. The
Government shall detail this Article.
Article 100. Grant of the certificate of land use rights
and ownership of houses and other land-attached assets to households,
individuals and communities that are using land and have documents on land use
rights
1.
Households and individuals that are using land stably and have one of the
following documents shall be granted a certificate of land use rights and
ownership of houses and other land-attached assets without having to pay land
use levy:
a/ The
documents on land use rights before October 15, 1993, which were granted by a competent
agency in the process of implementing the land policy of the Democratic
Republic State of Vietnam, the Provisional Revolutionary Government of the
Republic of South Vietnam or the Socialist Republic of Vietnam;
b/
Temporary certificates of land use rights granted by competent state agencies,
or having their names recorded in the Land Register Book or Cadastral Book
before October 15, 1993;
c/ Lawful
papers on inheritance or donation of land use rights or land-attached assets,
documents on hand-over of land-attached gratitude house or charity house;
d/ The
document on the transfer of land use rights or purchase of residential
land-attached houses before October 15, 1993, and such houses were certified as
being used before October 15, 1993, by the commune-level People’s Committee;
e/ The
document on liquidation of residential land-attached houses by the State or
document on purchase of a state-owned house in accordance with law;
f/ The
document on land use rights issued by a competent authority of the former
regime to land users;
g/ Other
documents issued before October 15, 1993, in accordance with the Government’s
regulations.
2.
Households and individuals that are using the land and have one of the
documents specified in Clause 1 of this Article bearing the names of other
people accompanied by the documents on transfer of land use rights signed by
the related parties, but have not performed the procedures for the transfer of
land use rights in accordance with law prior to the effective date of this Law,
and there is no dispute on that land, shall be granted a certificate of land
use rights and ownership of houses and other land-attached assets without
having to pay land use levy.
3.
Households and individuals that are allowed to use land pursuant to a decision
or a judgment of the People’s Court, a judgment enforcement decision of a
judgment enforcement agency, a document recognizing results of the successful
conciliation or a decision of a competent state agency on settlement of land
disputes, complaints or denunciations which was executed, shall be granted a
certificate of land use rights and ownership of houses and other land-attached
assets. In case they have not fulfilled their financial obligations, they shall
fulfill those obligations in accordance with law.
4.
Households and individuals using land that is allocated or leased by the State
from October 15, 1993, to the effective date of this Law and have not been
granted a certificate, shall be granted a certificate of land use rights and
ownership of houses and other land-attached assets. In case they have not
fulfilled their financial obligations, they shall fulfill those obligations in
accordance with law.
5.
Communities using land with communal houses, temples, shrines, hermitages,
worship halls or ancestral temples; agricultural land prescribed in Clause 3,
Article 131 of this Law, and that land is dispute-free and is certified as the
land used commonly by the community by the commune-level People’s Committee,
shall be granted a certificate of land use rights and ownership of houses and
other land-attached assets.
Article 101. Grant of a certificate of land use rights and
ownership of houses and other land- attached assets to households and
individuals that are using land and have no documents on land use rights
1.
Households and individuals using the land prior to the effective date of this
Law and having none of documents prescribed in Article 100 of this Law that
have a book of status of permanent residence in the locality and are directly
engaged in agriculture, forestry, aquaculture or salt production in areas with
difficult socio-economic conditions or especially difficult socio-economic
conditions, and are certified by the commune-level People’s Committee that the
land has been used stably and dispute-free, shall be granted a certificate of
land use rights and ownership of houses and other land-attached assets without
having to pay land use levy.
2.
Households and individuals using land and having none of documents prescribed
in Article 100 of this Law that have used land stably before July 1, 2004, with
no violations of the land law and such land is certified by the commune-level
People’s Committee as dispute-free and conformable with the land use master
plan, detailed urban construction master plan and master plan on construction
of rural residential areas approved by competent state agencies, shall be
granted a certificate of land use rights and ownership of houses and other
land-attached assets.
3. The
Government shall detail this Article.
Article 102. Grant of a certificate of land use rights and
ownership of houses and other land- attached assets to organizations and
religious institutions that are using land
1.
Organizations using land shall be granted a certificate of land use rights and
ownership of houses and other land-attached assets for the land area which is
used for proper purposes.
2. The
land area used by organizations which is not covered in the certificate of land
use rights and ownership of houses and other land-attached assets is settled as
follows:
a/ The
State shall recover land which is not used, is used improperly, is borrowed or
leased illegally, is encroached or occupied;
b/
Organizations shall hand over the land area which was used as residential land
to the district-level People’s Committee for management. In case that
residential land is in accordance with the land use master plan approved by a
competent state agency, the land users are entitled to be granted a certificate
of land use rights and ownership of houses and other land-attached assets. In
case a state enterprise engaged in agriculture, forestry, aquaculture or salt
production is allocated land and lets households and individuals use part of
that land for residential purpose before July 1, 2004, that enterprise shall
make a plan for rearrangement of such residential area into a residential
quarter and submit it to the provincial-level People’s Committee for approval
before handing over the land to the locality for management.
3. For
organizations using leased land as prescribed in Article 56 of this Law, the
provincial- level land administration agency shall perform the procedures to
sign the land lease contract before granting a certificate of land use rights
and ownership of houses and other land-attached assets.
4.
Religious institutions using land shall be granted a certificate of land use
rights and ownership of houses and other land-attached assets if they fully
meet the following conditions:
a/ Being
licensed to operate by the State;
b/ The
land is dispute-free;
Article 103. Determination of residential land area with
respect to land with ponds and gardens
1. In
order to be considered as residential land with gardens and ponds of households
or individuals must be located within a land parcel with existing houses.
2. If a
land parcel with gardens and ponds was formed before December 18, 1980, and the
land user possesses one of the documents on land use rights as prescribed in
Clauses 1, 2 and 3, Article 100 of this Law, the area of residential land shall
be determined in accordance with such documents.
In case
the residential area is not indicated clearly in documents on land use rights
prescribed in Clauses 1, 2 and 3 of Article 100 of this Law, the residential
land area to be recognized without land use levy must not exceed 5 times the
land allocation quota prescribed in Clause 2, Article 143, and Clause 4,
Article 144 of this Law.
3. If a
land parcel with gardens and ponds was formed in the period from December 18,
1980, to before July 1, 2004, and the land user possesses one of the documents
on land use rights as prescribed in Article 100 of this Law and the land area
is indicated clearly in those documents, the residential land area shall be
determined according to those documents.
4. If a
land parcel with gardens and ponds was formed in the period from December 18,
1980, to before July 1, 2004, and the land user possesses one of the documents
on land use rights as prescribed in Article 100 of this Law and the land area
is not indicated clearly in those documents, the residential land area shall be
determined as follows:
a/ The
provincial-level People’s Committee shall, based on the local conditions and
customs, prescribe the residential land recognition quota for each household in
accordance with local customs and the number of people in the household;
b/ If the
land parcel is larger than the prescribed residential land recognition quota of
the locality, the residential land area shall be determined equal to the
residential land recognition quota of the locality;
c/ If the
land parcel is smaller than the prescribed residential land recognition quota
of the locality, the residential land area must be determined as the whole area
of the land parcel.
5. In
case there are no documents on land use rights as prescribed in Article 100 of
this Law, and the land has been used stably since before October 15, 1993, the
residential land area shall be determined under Clause 4 of this Article. In
case the land has been used stably from October 15, 1993, the residential land
area shall be determined in accordance with residential land area allocated to
each household or individual as prescribed in Clause 2, Article 143, and Clause
4, Article 144 of this Law.
6. After
the residential land area is determined under Clauses 2, 3, 4 and 5 of this
Article, the remaining land area with gardens and ponds shall be used for the
current land use purpose under Clause 1, Article 10 of this Law.
7. The
Government shall detail this Article.
Article 104. Grant of a certificate for land-attached
assets
1.
Land-attached assets to be granted a certificate of land use rights and
ownership of houses and other land-attached assets include houses, other
construction facilities, production forests which are planted forests, and
perennial crops existing at the time the certificate of land use rights and
ownership of houses and other land-attached assets is granted.
2. The
grant of a certificate of land use rights and ownership of houses and other
land-attached assets for land-attached assets must comply with the Government’s
regulations.
Article 105. Competence to grant certificates "of land
use rights and ownership of houses and other land-attached assets
1.
Provincial-level People’s Committees shall grant certificates of land use
rights and ownership of houses and other land-attached assets to organizations,
religious institutions, overseas Vietnamese, foreign-invested enterprises which
implement investment projects, and foreign organizations with diplomatic
functions.
Provincial-level
People’s Committees may authorize the agency in charge of natural resources and
environment of the same level to grant the certificates of land use rights and
ownership of houses and other land-attached assets.
2.
District-level People’s Committees shall grant the certificates of land use
rights and ownership of houses and other land-attached assets to households,
individuals and communities, and to overseas Vietnamese that are eligible to
own house associated with land use rights in Vietnam.
3. For
the subjects that were granted a certificate, a certificate of houses ownership
or a certificate of construction facilities ownership, and execute the rights
of land users or owners of land-attached assets or apply for the renewal or
re-grant of the certificate, the certificate of houses ownership or the
certificate of construction facilities ownership, the agency in charge of
natural resources and environment shall handle in accordance with the Government’s
regulations.
Article
106. Rectification and revocation of granted certificates
1. The
state agencies which have the competence to grant the certificate shall correct
the granted certificates which bear the following errors:
a/ There
is wrong information on the name, the papers on legal status or personal
identity, in the address of the land user or owner of land-attached assets as
compared with the papers on legal status or personal identity at the time of
grant of the certificate to such person;
b/ There
is wrong information on the land parcel, land-attached assets as compared with
the registration application dossier on land and land-attached assets which
have been inspected and certified by the land registration agency.
2. The
State may withdraw a granted certificate in the following cases:
a/ The
State recovers the whole land area indicated on the granted certificate;
b/ The
granted certificate is renewed;
c/ The
land user or owner of the land-attached assets registers for a change of land
or land- attached assets for which a new certificate of land use rights and
ownership of houses and other land-attached assets must be granted;
d/ The
existing certificate was granted ultra vires, to an improper land user, for a
wrong land area, without sufficient conditions, for improper land use purpose
or land use term or land use origin as prescribed by the land law, except for
the case in which the person for whom the certificate is granted has
transferred land use rights or ownership of land-attached assets in accordance
with the land law.
3. The
withdrawal of a granted certificate for the cases prescribed at Point d, Clause
2 of this Article shall be decided by the agency having the competence to grant
the certificate of land use rights and ownership of houses and other
land-attached assets as prescribed in Article 105 of this Law based on the
conclusion of the inspection agency at the same administrative level, or based
on the effective document issued by a competent state agency on land dispute
settlement.
Chapter VIII
LAND FINANCE, LAND PRICE AND AUCTIONS OF
LAND USE RIGHTS
Section 1. LAND FINANCE
Article 107. Financial revenues from land
1.
Financial revenues from land include:
a/ Land
use levy upon land allocation by the State with land use levy, permission for
change of land use purpose, or recognition of land use rights with land use
levy;
b/ Land
rental upon land lease by the State;
c/ Land
use tax;
d/ Income
tax on transfer of land use rights;
e/
Revenue from sanction of administrative violations of the land law;
f/
Indemnification to the State for damage caused during land management and use;
g/
Charges and fees in land management and use.
2. The
Government shall prescribe in detail the collection of land use levy and land
rental, sanctioning of administrative violations of the land law, and
indemnification to the State for damage caused during land management and use.
Article 108. Bases and time for calculation of land use
levy and land rental
1. Bases
for calculation of land use levy include:
a/ The
land area which is allocated, permitted for change of land use purpose, or of
which land use rights are recognized;
b/ The
land use purpose;
c/ The
land price as prescribed in Article 114 of this Law; in case of auction of land
use rights, the land price is the winning price.
2. Bases
for calculation of land rental include:
a/ The
area of leased land;
b/ The
land lease term;
c/ The
unit price for land lease; in case of auction of land lease rights, the land
rental is the winning unit price;
d/ Types
of land lease, including annual rental payment or full one-off rental payment
for the entire lease period.
3. The
time for calculation of land use levy or land rental is the time when the State
decides on the land allocation or land lease, permits change of land use
purpose, or recognizes land use rights.
Article 109. Payment of land use levy or land rental upon
change of land use purpose or extension of land use term
1. Upon
change of land use purpose as prescribed at Points d, e, f and g, Clause 1,
Article 57 of this Law, land users shall pay land use levy or land rental in
accordance with the following provisions:
a/
Payment of land use levy or the full one-off rental payment for the entire
lease period which is the difference between the land use levy or land rental
after and before the change of the land use purpose;
b/
Payment of annual rental payment based on the type of land after the change of
the land use purpose.
2. When
the land use term is extended and the land user is obliged to pay land use levy
or land rental, the land user shall fulfill their financial obligations for the
extended land use term.
3. The
Government shall detail this Article.
Article 110. Exemption from and reduction of land use levy
or land rental
1. The
exemption from and reduction of land use levy or land rental apply in the
following cases:
a/ Using
land for production and business purposes in sectors or geographical areas that
are given investment preferences in accordance with the investment law, except
for investment projects on construction of commercial houses;
b/ Using
land for implementation of policies on houses and residential land for the
people with meritorious services to the revolution, for poor households, for
households and individuals of ethnic minorities living in areas with especially
difficult socio-economic conditions, in bordering areas or on islands; using
land for social housing construction in accordance with the housing law;
residential land for people who have to be relocated when the State
expropriates land due to the risks threatening humans life;
c/ Using
agricultural land by households and individuals of ethnic minorities;
d/ Using
land for construction of non-business facilities of public non-business
organization;
dd/ Using
land for construction of infrastructure of airports, airfields and facilities
to provide air services;
e/ Using
land for construction of offices, drying grounds and warehouses; service
facilities directly serving agriculture, forestry, aquaculture or salt
production for agricultural cooperatives;
g/ Other
cases as prescribed by the Government.
2. The
Government shall detail this Article.
3. The
land development fond of a locality shall be established by the provincial-level
People’s Committee or entrusted to the Fund for development investment or other
financial funds of the locality to advance capital for compensation, ground
clearance or creation of land fund in accordance with land use master plans and
plans approved by competent state agencies.
4. The
financial sources for the land development fund shall be allocated from the
State budget and other mobilized sources in accordance with law.
5. The
Government shall detail this Article.
Section 2. LAND PRICE
Article 112. Principles and methods of land valuation
1. Land
valuation must abide by the following principles:
a/ Based
on the lawful land use purpose at the time of land valuation;
b/ Based
on the land use term;
c/ Being
suitable with the popular market price of transferred land with the same land
use purpose, or winning price in auctions of land use rights in case of
organizing auctions of land use rights, or the income earned from land use;
d/ At a
time, the adjacent land parcels with the same land use purpose, profitability
and income earned from land use have the same price.
2. The
Government shall prescribe land valuation methods.
Article 113. Land price frames
The
Government shall promulgate land price frames once every 5 years for each type
of land and for each region. During the implementation of land price frames, if
the popular price in the market increases 20% or more over the maximum price or
reduces 20% or more below the minimum price prescribed in land price frames,
the Government shall adjust land price frames accordingly.
Article 114. Land price tables and specific land prices
1. Based
on the principles, methods of land valuation and land price frames,
provincial-level People’s Committees shall develop and submit the land price
tables to the People’s Councils of the same level for review before
promulgation. Land price tables shall be developed once every 5 years and
publicized on January 1 of the beginning year of the period.
During
the implementation of land price tables, when the Government adjusts land price
frames or there are changes in popular land price in the market,
provincial-level People’s Committees shall adjust land price tables
accordingly.
At least
60 days before submitting the land price tables to the People’s Council of the
same level for review, the provincial-level People’s Committee shall send the
draft land price tables to agencies in charge of developing land price frames
for consideration. In case of big difference in land prices at bordering
locations among provinces and centrally run cities, this difference must be
reported to the Prime Minister for decision.
2. Land
price tables shall be used as a basis for the following cases:
a/
Calculation of land use levy when the State recognizes land use rights of
households and individuals for land areas within land use quotas, or permits
change of land use purpose from agricultural land or non-agricultural land
which is non-residential land to residential land for land areas within land
allocation quotas applied to households and individuals;
b/
Calculation of land use tax;
c/
Calculation of charges and fees in land management and use;
d/
Calculation of fines for administrative violations in the field of land;
e/
Calculation of indemnification paid to the State for damage caused in land
management and use;
f/
Valuation of land use rights paid to the people who voluntarily return land to
the State in case the returned land is allocated with land use levy, recognized
of land use rights with land use levy, or leased land with full one-off rental
payment for the entire lease period by the State.
3.
Provincial-level People’s Committees shall decide on specific land prices. The
provincial- level land administration agency shall assist the provincial-level
People’s Committee in the determination of specific land prices. During the
implementation, the provincial-level land administration agency may hire
organizations having consultancy functions for advising on the determination of
specific land prices.
The
determination of specific land prices must be based on the investigation,
collection of information about land parcels, market land price and information
on land price in the land database, and based on suitable valuation methods.
Based on the consultation on land price, the provincial-level land
administration agency shall submit the specific land price to the council for
land price appraisal for consideration before submitting it to the People’s
Council of the same level for decision.
The
council for land price appraisal comprises the chairperson of the
provincial-level People’s Committee as the chairperson, and representatives of
related agencies and organizations and the organization with the function of
consultancy on land price determination.
4.
Specific land price shall be used as a basis for the following cases:
a/
Calculation of land use levy when the State recognizes land use rights of
households and individuals for land areas in excess of land use quotas, or permits
change of land use purpose from agricultural land or non-agricultural land
which is non-residential land to residential land for land areas in excess of
land allocation quotas applied to households and individuals; and determination
of land rental for agricultural land areas in excess of land allocation quotas
or quotas for receipt of transferred agricultural land use rights of households
and individuals;
b/
Calculation of land use levy when the State allocates land with land use levy
not through auction of land use rights, recognizes land use rights, or permits
change of land use purpose for organizations that shall pay land use levy;
c/
Calculation of land rental when the State leases land not through auction of
land use rights;
d/
Valuation of land use rights upon equitization of state enterprises that are
allocated land with land use levy, leased land with one-off rental payment; and
calculation of land rental in case equitized state enterprises are leased land
by the State with annual rental payment;
e/
Calculation of compensation amount upon land expropriation by the State.
5. The
Government shall detail this Article.
Article 115. Consultancy on land price determination
1.
Consultancy on land price determination may be necessary in the following cases:
a/
Development or adjustment of land price frames; development or adjustment of
land price tables and determination of specific land prices at the request of
competent state agencies;
b/
Settlement of complaints about land price at the request of competent state
agencies or related parties;
c/
Performance of civil transactions related to specific land prices at the
request by parties.
2.
Conditions for activities and practice of land price determination consultancy
comply with the Government’s regulations.
3. The
land price determination by consultants must be independent, impartial and
honest and must comply with land valuation principles and methods prescribed in
Article 112 of this Law.
4. Land
prices determined by consultants serve as one of the bases for competent state
agencies to prescribe or decide on land prices.
Article 116. Rights and obligations of organizations with
the function of consultancy on land price determination
1. An
organization with the function of consultancy on land price determination has
the following rights:
a/ To
provide consultancy on land price determination in accordance with this Law,
the Law on Price and other relevant laws;
b/ To
request information and documents relating to the consultancy on land price
determination from consultancy hirers; and to receive service charges as agreed
in the contracts;
c/ To
unilaterally terminate or cancel the contract on consultancy on land price
determination when the consultancy hirer violates conditions agreed by both
parties in the contract or as prescribed by law;
d/ Other
rights as prescribed by law.
2. An
organization with the function of consultancy on land price determination has
the following obligations:
a/ To
take responsibility before law for the accuracy, honesty and impartiality of
the results of consultancy on land valuation determination;
b/ To
implement the agreements with consultancy hirers stated in the contract on
consultancy on land price determination;
c/ To
submit to the inspection and examination by competent state agencies; and to
report on the organization and results of consultancy on land price
determination to competent state agencies annually or in unexpected cases;
d/ To
fulfill the tax obligations and other financial obligations in accordance with
law;
e/ To
register the list of member valuators and the change or adjustment of this list
to competent state agencies of the locality where the organization is
headquartered;
f/ To
archive documents and records on results of consultancy on land price
determination;
g/ Other
obligations as prescribed by law.
Section 3. AUCTIONS OF LAND USE RIGHTS
Article 117. Principles of auctions of land use rights
1.
Auctions of land use rights shall be conducted on the principles of publicity,
continuity, impartiality, honesty, equality and protection of lawful rights and
interests of involved parties.
2.
Auctions of land use rights shall be conducted in accordance with the order and
procedures prescribed in the land law and law on asset auctions.
Article 118. Cases subject to auction of land use rights
and cases not subject to auction of land use rights
1. The
State shall allocate land with land use levy or lease land through auction of
land use rights in the following cases, except the cases prescribed in Clause 2
of this Article:
a/
Investment in construction of houses for sale or for lease or for
lease-purchase;
b/
Investment in construction of infrastructure for transfer or for lease;
c/ Use of
land fund to create capital for infrastructure construction;
d/ Use of
land for trading or services, and land for non-agricultural production
establishments;
e/ Lease
of land which is part of agricultural land fund for public purposes for
agriculture, forestry, aquaculture or salt production;
f/
Allocation or lease of land expropriated by the State through rearrangement and
handling of working offices, non-business establishments, or production or
business establishments of which the land-attached assets are owned by the
State;
g/
Allocation of urban and rural residential land to households or individuals;
h/
Allocation or lease of land in the cases eligible to land use levy or land
rental reduction.
2. Cases
not subject to auction of land use rights upon land allocation and land lease
by the State:
a/ Land
allocation without land use levy;
b/ Use of
land for which land use levy or land rental is exempted as prescribed in
Article 110 of this Law;
c/ Use of
land as prescribed at Points b and g, Clause 1, and in Clause 2, Article 56 of
this Law;
d/ Use of
land for mining activities;
e/ Use of
land for implementation of projects on construction of resettlement housing,
social housing or public-duty housing;
f/ Land
allocation to cadres, civil servants and public employees who change offices
under transfer decisions of competent agencies;
g/
Allocation of residential land to households or individuals that have permanent
residence status books in a commune but have no residential land and have not
been allocated residential land by the State;
h/ Allocation of residential and to
households of individuate that have permanent residence status books in a
township in an area with difficult socio-economic conditions or with especially
difficult socio-economic conditions but have no residential land and have not
been allocated residential land by the State;
i/ Other
cases as decided by the Prime Minister.
3. In
case the land has been put up for auction of land use rights as prescribed in
Clause 1 of this Article but nobody participates in the auction or only one
person registers or the auction fails after at least 2 times, the State may
allocate or lease land without organizing auctions of land use rights.
Article 119. Holding of auctions of land use rights
1.
Conditions for holding an auction of land use rights upon land allocation or
land lease by the State:
a/ The
annual district-level land use plan approved by a competent state agency is
available;
b/ The
land has been cleared or is land with attached assets owned by the State;
c/ The
plan for holding the auction of land use rights approved by a competent state
agency is available.
2.
Organizations and individuals participating in an auction of land use rights
must satisfy the following conditions:
a/ Being
eligible to be allocated or leased land as prescribed in Article 55 or 56 of
this Law;
b/
Meeting the conditions for the implementation of investment projects under
Article 58 of this Law in case of land allocation or land lease for
implementation of investment projects.
Chapter IX
LAND INFORMATION SYSTEM AND LAND DATABASE
Article 120. Land information system
1. The
land information system shall be designed comprehensively and developed as a
uniform system nationwide to serve multiple purposes in accordance with
national standards and regulations as well as international ones recognized in
Vietnam.
2. The
land information system includes the following basic parts:
a/
Technical infrastructure for land information technology;
b/ The
system of operation software, system software and application software; c/ The
national land database.
Article 121. The national land database
1. The
national land database shall be uniformly developed nationwide.
2. The
national land database has the following components: a/ Database on legal documents
on land;
b/
Cadastral database;
c/
Database of base investigations on land;
d/
Database of land use master plans and plans;
e/
Database of land prices;
f/
Database of land statistics and land inventories;
g/
Database on inspection, examination, settlement of disputes, complaints and
denunciations on land;
h/ Other
databases related to land.
3. The
contents, structure and information types of the land database shall be
prescribed by the Minister of Natural Resources and Environment.
Article 122. Management and use of land databases
1.
Information in land databases provided by competent state agencies bears the
same legal validity as information in paper documents.
2. Land
databases are a national property which needs to be strictly protected in terms
of security and safety. All activities of illegal access, destruction or
causing deviations in information of land databases are prohibited.
3.
Organizations and individuals that have demands for land information and land
data may use or exploit them through central and local land information portals
with payment of fee. The use and exploitation of land information and data must
be in accordance with law.
Article 123. Online public services in the field of land
1. Online
public services to be provided include registration of land and land-attached
assets, performance of transactions on land and land-attached assets, and
provision of land information and data.
2. Land
administration agencies shall provide public services as prescribed in Clause 1
of this Article and provide services in a convenient, simple and safe manner to
organizations and individuals in the internet environment.
Article 124. Responsibilities for developing the
land information system
1. The
State shall adopt investment policies for the development of the land
information system and land databases and ensure funds for the operation and
maintenance of the land information system and land databases.
2. The
Ministry of Natural Resources and Environment shall organize the development,
management and use of the land information system and the national land
database; and provide online public services in the field of land in accordance
with the Government’s regulations.
3.
Ministries, sectors and related agencies shall provide results of base
investigations on land and other land-related information and data to the
Ministry of Natural Resources and Environment to update the national land
database and the land information system.
4.
Provincial-level People’s Committees shall organize the development, management
and exploitation of the land information system and the land databases in their
localities and provide land data to the Ministry of Natural Resources and
Environment to integrate into the national land database.
5. The
Minister of Natural Resources and Environment shall issue detailed regulations
on the development, management and exploitation of the land information system
and on conditions for organizations and individuals practicing consultancy on
land database and land information system development.
Chapter X
LAND USE REGIME
Section 1. LAND USE TERM
Article 125. Land used for long and stable term
Land
users may use land for a long and stable term in the following cases:
1.
Residential land used by households or individuals.
2.
Agricultural land used by communities as prescribed in Clause 3, Article 131 of
this Law.
3. Land
for protection forest, for special-use forest and for production forest which
are natural forests.
4. Land
for trading or services, for non-agricultural production establishments of
households and individuals that are using the land stably and that land is not
allocated for limited term or leased by the State.
5. Land
for construction of offices as prescribed at Point 1, Article 147 of this Law
and land for construction of public service facilities of public non-business
organization which are not self-financed as prescribed at Point 2, Article 147
of this Law.
6. Land
used for national defense or security purpose.
7. Land
used by religious institutions as prescribed in Article 159 of this Law.
8. Land
for religious practices.
9. Land
for transportation and irrigation, land with historical-cultural relics and
scenic spots and land used for the construction of other public facilities for
non-commercial purposes.
10. Land
for cemeteries or graveyards.
11. Land
used by economic organizations as prescribed in Clause 3, Article 127 and
Clause 2, Article 128 of this Law.
Article
126. Land used for limited term
1. The
term for land allocation, recognition of agricultural land use rights for
households and individuals directly engaged in agricultural production as
prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5,
Article 129 of this Law is 50 years. When the term expires, households or
individuals directly engaged in agricultural production that have demand may
continue using land in accordance with the land use term prescribed in this
Clause.
2. The
term for lease of agricultural land to households or individuals must not
exceed 50 years. At the expiry of the term, households or individuals that have
demand shall be considered by the State for continued leasing of the land.
3. The
term for land allocation or land lease to organizations for the purpose of agriculture,
forestry, aquaculture or salt production; to organizations, households or
individuals for the purpose of trading and services or for non-agricultural
production establishments; to organizations for implementing investment
projects; to overseas Vietnamese and foreign-invested enterprises for
implementing investment projects in Vietnam, shall be considered and decided on
the basis of the investment projects or applications for land allocation or
land lease, but must not exceed 50 years.
For large
investment projects with slow recovery of capital, projects in areas with
difficult socio-economic conditions or with especially difficult socio-economic
conditions which require a longer term, the term of land allocation or land
lease must not exceed 70 years.
For
projects on construction of houses for sale or for a combination of sale and
rent or for lease- purchase, the land use term shall be determined in
accordance with the duration of the project. Those who buy houses associated
with land use rights may use land for a long and stable term.
At the
expiry of the term, if the land users still have land use needs, the State
shall consider an extension which must not exceed the term prescribed in this
Clause.
4. The
land lease term for the purpose of office construction of foreign organizations
with diplomatic functions must not exceed 99 years. At the expiry of the term,
if these organizations are still in need of the land, the State shall consider
extending the land lease term or leasing another land parcel. Each extension
period must not exceed the term prescribed in this Clause.
5. The
lease term for land which is part of agricultural land fund for public purposes
of communes, wards or townships must not exceed 5 years;
6.
Regarding land for construction of non-business facilities of self-financed
public non-business organization as prescribed in Clause 2, Article 147 of this
Law, and other public facilities involving commercial purpose, the land use
term must not exceed 70 years.
At the
expiry of the term, if the land users still have land use needs, the State
shall consider an extension but the extension must not exceed the term
prescribed in this Clause.
7. For a
land parcel with multiple use purposes, the land use term shall be determined
in accordance with the land use term of the land type used for the main
purpose.
8. The
term for land allocation and land lease prescribed in this Article shall be
calculated from the date of the decision on land allocation or land lease issue
by a competent state agency.
Article
127. Land use term upon change of land use purpose
1. The
land use term for households and individuals upon change of land use purpose is
prescribed as follows:
a) In
case the land use purpose is changed from land for protective forest or special-use
forest to land for other purposes, the term shall be determined on the basis of
the land type of the new purpose. The land use term shall be calculated from
the time of the decision on approval;
b) In
case the land use purpose is changed from land for rice cultivation, other
annual crops, perennial crops, production forest, aquaculture or salt
production to land for protective forest or special-use forest, households or
individuals may use the land for a stable and long term;
c) In
case the land use purpose is changed among land categories including land for
other annual crops, perennial crops, production forests, aquaculture or salt
production, households and individuals may continue using such land for the
determined land use term.
At the
expiry of the term, if the land users still have land use needs, the State
shall consider an extension which must not exceed the term prescribed in Clause
1, Article 126 of this Law;
d) In
case the land use purpose is changed from agricultural purpose to non-agricultural
purpose, the land use term shall be determined on the basis of the land type of
the new purpose. The new land use term shall be calculated from the time of the
decision on approval;
e) In
case the land use purpose is changed from non-agricultural land with long and
stable land use term to non-agricultural land with limited land use term or
from non-agricultural land with limited land use term to non-agricultural land
with long and stable land use term, households and individuals may use the land
for a long and stable term.
2. For
organizations, overseas Vietnamese or foreign-invested enterprises implementing
investment projects outside industrial parks, industrial clusters, export
processing zones or hi- tech zones, when the land use purpose is changed, the
land use term shall be determined on the basis of the investment project as
prescribed in Clause 3, Article 126 of this Law.
3.
Economic organizations that change the land use purpose from non-agricultural
land with long and stable land use term to non-agricultural land with limited
land use term or from non- agricultural land with limited land use term to
non-agricultural land with long and stable land use term, may use the land for
a long and stable term.
Article 128. Land use term in case of transfer of land use
rights
1. The
land use term in case of transfer of land use rights for the land with definite
land use term is the remaining period of the land use term defined prior to the
transfer of land use rights.
2. People
who acquire land use rights for the land with a long and stable land use term
may use the land for a long and stable term.
Section 2. AGRICULTURAL LAND
Article 129. Allocation quotas for agricultural land
1. The
allocation quotas for land for annual crops, aquaculture and salt production
for each household or individual directly engaged in agricultural production
are prescribed as follows:
a/ Not
exceeding 3 hectares for each type of land in provinces and centrally run
cities in the southeast region and Mekong Delta region;
b/ Not exceeding
2 hectares for each type of land in other provinces and centrally run cities.
2. The
allocation quotas for land for perennial crops for each household or individual
in a delta commune, ward or township must not exceed 10 hectares and must not
exceed 30 hectares for each household or individual in a midland or mountainous
commune, ward or township.
3. The
land allocation quota for each household or individual does not exceed 30
hectares for each of the following land categories:
a/ Land
for protection forest;
b/ Land
for production forest.
4. In
case a household or individual is allocated with land of different categories
including land for cultivation of annual crops, land for aquaculture and land
for salt production, the total quota for all categories must not exceed 5
hectares.
If the
household or individual is additionally allocated with land for perennial
crops, the land allocation quota for perennial crops must not exceed 5 hectares
in a delta commune, ward or township and must not exceed 25 hectares in a
midland and mountainous commune, ward or township.
If the
household or individual is additionally allocated with land for production
forest, the land allocation quota for production forest must not exceed 25
hectares.
5. The
allocation quota for empty land, land for bare hill or land with water surface
under the type of unused land to households or individuals for the purpose of
agriculture, aquaculture or salt production in accordance with land use master
plan must not exceed the quotas prescribed in Clauses 1, 2, and 3 of this
Article, and such quotas shall not be included in the allocation quotas of
agricultural land to households or individuals as prescribed in Clauses 1, 2,
and 3 of this Article.
Provincial-level
People’s Committees shall prescribe the allocation quotas of empty land, land
for bare hill and land with surface water in the type of unused land to
households or individuals for use in accordance with land use master plans and
plans which have been approved by competent state agencies.
6. The
allocation quotas of agricultural land for annual crops, perennial crops,
afforestation, aquaculture or salt production in the buffer zone of a
special-use forest for each household or individual must comply with Clauses 1,
2, 3, 4 and 5 of this Article.
7.
Households and individuals may continue using the land area which is located in
a commune, ward or township other than where they have permanent residence
status books. If that land is allocated without land use levy, its area shall
be included in the allocation quota for agricultural land of the households or
individuals
The land
administration agency that allocates agricultural land without land use levy to
households or individuals shall send a notice to the commune-level People’s
Committee of the locality where the households or individuals have permanent
residence status books for its calculation of allocation quotas of agricultural
land.
8. The
area of agricultural land of households or individuals, which is acquired
through the transfer, lease, sublease, inheritance or donation of land use
rights, the receipt of land use rights contributed as capital or is contracted
from other subjects or leased from the State, is not included in the allocation
quota of agricultural land as prescribed in this Article.
Article 130. Quota for acquisition of agricultural land use
rights by households and individuals
1. The
quota for acquisition of land use rights by households or individuals must not
exceed 10 times of the allocation quota for agricultural land for households or
individuals applicable to each type of land prescribed in Clauses 1, 2 and 3,
Article 129 of this Law.
2. The
Government shall prescribe quotas for acquisition of land use rights of
households and individuals in accordance with specific conditions of each
locality and in each period.
Article 131. Agricultural land used by households,
individuals or communities
1.
Agricultural land used by households or individuals includes agricultural land
allocated or leased by the State and agricultural land of which land use rights
are recognized by the State or leased from other organizations, households or
individuals or obtained through exchange, transfer, inheritance or donation in
accordance with law.
2. The
use of agricultural land allocated by the State to households or individuals is
prescribed as follows:
a/
Households and individuals that are allocated land by the State prior to the
effective date of this Law may continue using such land in accordance with this
Law;
b/ In a
locality where land has not been allocated to households or individuals in
accordance with the land law, the commune-level People’s Committee shall make a
plan for land allocation and request the district-level People’s Committee to
decide on land allocation;
c/ In a
locality where the People’s Committees of different levels have provided
guidelines for households and individuals to negotiate and adjust land areas
for one another during the implementation of land policies and law before
October 15, 1993, and such land area has been used stably, the current land
users may continue using their land.
3. The
use of agricultural land by communities is prescribed as follows:
a/
Communities are allocated land or recognized land use rights by the State to preserve
national identities associated with the traditions and customs of the people;
b/
Communities which are allocated land or recognized land use rights by the State
shall protect the allocated land and may use land for combined purposes of
agriculture and aquaculture, but may not use such land for other purposes.
Article 132. Agricultural land used for public purposes
1.
Depending on the land fund, characteristics and demands of the locality, each
commune, ward or township may establish an agricultural land fund for public
purposes of the locality which does not exceed 5% of the total land area for
annual crops, perennial crops and aquaculture production.
Agricultural
land which is returned or to which land use rights are donated to the State by
organizations, households or individuals, reclaimed land and expropriated
agricultural land constitute the source for creation or supplementation of the
agricultural land fund used for public purposes of the commune, ward or
township.
In a
locality where the area of agricultural land fund used for public purposes
exceeds 5%, the excess area must be used for construction or compensation when
other land is used for construction of public facilities of the locality; or be
allocated to households and individuals that are directly .engaged in
agriculture or aquaculture in the locality but have not been allocated or still
lack production land.
2. The
agricultural land fund for public purposes of a commune, ward or township shall
be used for the following purposes:
a/ Construction
of public facilities of the locality, including facilities for culture,
physical training and sports, entertainment, recreation, health, education,
markets, cemeteries, graveyards and other public facilities in accordance with
regulations of the provincial-level People’s Committee;
b/
Compensation for people whose land is used for construction of public
facilities as prescribed at Point a of this Clause;
c/
Construction of gratitude houses and charity houses.
3. The
commune-level People’s Committee shall lease the land area which has not been
used for the purposes specified in Clause 2 of this Article to households and
individuals in the locality for the purposes of agriculture and aquaculture,
through auctions of land lease. The land use term for each lease period must
not exceed 5 years.
Rentals
gained from the lease of land that is part of the agricultural land fund for
public purposes must be paid to the state budget under management of the
commune-level People’s Committee and may only be used for public needs of the
commune, ward or township in accordance with law.
4. The
agricultural land fond for public purposes of a commune, ward or township must
be managed and used by the commune-level People’s Committee of the locality in
accordance with the land use master plan and plans approved by competent state
agencies.
Article 133. Agricultural land used by organizations,
overseas Vietnamese and foreign- invested enterprises
1.
Economic organizations, overseas Vietnamese or foreign-invested enterprises that
have demand for land for agriculture, forestry, aquaculture or salt production,
shall be considered by the State to lease land for implementation of investment
projects.
2.
Economic organizations and public non-business organization that have been allocated
or leased land prior to the effective date of this Law for the purpose of
agriculture or forestry production, shall review the current land use status
and make a plan for land use. A plan for land use must clearly define the land
area and boundaries, the area of land of each type to be used and its use term,
and the land area to be handed over to the locality.
Provincial-level
People’s Committees shall direct the review and approval of plans for land use;
allocate or lease land in accordance with the approved plans for land use; and
recover the land that is unused, or used for a improper purpose, or contracted,
leased, lent illegally, or encroached or occupied in order to create the land
fund for allocation and lease to organizations, households and individuals.
During the process of land allocation or land lease, ethnic minority households
and individuals in the locality that have no land or lacking production land,
shall be prioritized.
3. Land
that is allocated by the State without land use levy to economic organizations
for agriculture, forestry, aquaculture or salt production before the effective
date of this Law, must be changed to leased land.
Article 134. Land for rice cultivation
1. The
State shall develop policies to protect land for rice cultivation and to limit
the change from the purpose of rice cultivation to other non-agricultural
purposes. In case it is necessary to change a certain area for rice cultivation
to another purpose, the State shall take measures to supplement such land area
or improve the efficiency in using land for rice cultivation.
The State
shall adopt policies to support and invest in the construction of
infrastructure and application of modern science and technologies into the
areas planned for high-productivity and high-quality rice cultivation.
2. Those
who use land for rice cultivation shall improve and increase the fertility of
the soil. They may not use that land for planting perennial trees,
afforestation, aquaculture and salt production or for non-agricultural purposes
without permission by competent state agencies.
3. People
who are allocated or leased land by the State for non-agricultural purposes and
that land is currently used for wet rice cultivation, shall pay a certain
amount of money under the Government’s regulations for the State to supplement
the lost area of wet rice cultivation land or improve efficiency in using land
for rice cultivation.
Article 135. Land with production forest
1. The
State shall allocate land with production forest which is natural forest to the
forest management organizations for management, protection and development.
2. The
State shall allocate or lease land with production forest which is planted
forest according to the following provisions:
a/
Allocation of land to households and individuals directly engaged in
agricultural production within the quotas prescribed at Point b, Clause 3,
Article 129 of this Law for the purpose of forestry production. The area of
production forest used by households and individuals which exceeds the quotas
must change to leased land;
b/ Lease
of land to economic organizations, households, individuals, overseas Vietnamese
or foreign-invested enterprises to implement afforestation projects;
c/.
Economic organizations, households, individuals, overseas Vietnamese or
foreign-invested enterprises which are allocated or leased land with production
forest by the State as prescribed at Points a and b of this Clause may use the
land not covered with forest for planting forest or perennial trees.
3.
Economic organizations, overseas Vietnamese or foreign-invested enterprises
using land with production forest may concurrently provide landscape and
eco-environmental tourist services using the space under the forest canopy.
4.
Concentrated land area with production forest which is far from residential
areas and can not be allocated directly to households or individuals, shall be
allocated by the State to organizations for protection and development of the
forest combined with agricultural production, forestry or aquaculture.
Article 136. Land with protection forest
1. The
State shall allocate land with protection forest to the protection forest
management organization for management, protection, zoning off for regeneration
and afforestation in accordance with land use master plans and plans already
approved, by competent state agencies. These organizations may use land for
other combined purposes in accordance with the law on forest protection and
development.
2. The
protection forest management organization shall allocate land with protection
forest under contracts to households or individuals that are living in the
protection forest area for protection and development of the forest.
District-level People’s Committees shall allocate residential land and land for
agricultural production to such households or individuals.
3.
Organizations, households or individuals that have demand and ability to
protect and develop the forest and are living in the protection forest area for
which no management organization has been established or in the area that is
planned for protection forest, shall be allocated the land with protection
forest for protection and development, and may use the land for other combined
purposes in accordance with the law on forest protection and development.
4.
Provincial-level People Committees shall decide on the lease of land with
protection forest to economic organizations in the areas where it is allowed to
provide landscape and eco- environmental tourist services under the forest
canopy.
5.
Communities that are allocated by the State protection forests in accordance
with the Law on Forest Protection and Development, are entitled to be allocated
land with protection forest for protection and development. The communities
have the rights and obligations prescribed in the Law on Forest Protection and
Development.
Article 137. Land with special-use forest
1. The
State shall allocate land with special-use forest to the special-use forest
management organization for management and protection in accordance with land
use master plans and plans already approved by competent state agencies. These
organizations may use the land for other combined purposes in accordance with
the law on forest protection and development.
2. The
special-use forest management authority shall allocate under short-term
contracts land with special-use forest in strictly protected forest areas to
households or individuals that can not move out of the area to protect the
forests.
3. The
special-use forest management organization shall allocate under contracts land
with special-use forest in eco-rehabilitation areas to households or
individuals residing stably in the area to protect and develop the forests.
4.
Competent People’s Committees shall decide to allocate and lease land in the
buffer zones of special-use forests to organizations, households and
individuals for the purpose of production, research or experiment on forestry
or in combination with national defense or security tasks in accordance with
the master plan for forest development of the buffer zone. These subjects may
use the land for other combined purposes in accordance with the law on forest
protection and development.
5.
Provincial-level People Committees shall decide to lease land with special-use
forest in the area that is allowed to provide landscape and eco-environmental
tourist services under the forest canopy to economic organizations.
Article 138. Land for salt production
1. Land
for salt production shall be allocated to households or individuals within the local
land allocation quota for salt production. The land area which exceeds the
allocation quota must be changed to leased land.
Land for
salt production shall be leased by the State to economic organizations,
overseas Vietnamese or foreign-invested enterprises to implement investment
projects on salt production.
2. Land
areas where salt can be produced at high productivity and with high quality
shall be protected and primarily reserved for salt production.
3. The
State shall encourage the use of land areas with potential for salt production
for industrial and daily needs.
Article 139. Inland land with water surface
1. Ponds,
lakes and marshes shall be allocated by the State within land allocation quotas
to households or individuals for aquaculture and agricultural production.
Ponds,
lakes and marshes shall be leased by the State to economic organizations,
households, individuals, overseas Vietnamese or foreign-invested enterprises to
implement investment projects on aquaculture production, agricultural production
or agricultural production in combination with non-agricultural purposes.
2. In
case a pond, lake or marsh is located in several communes, wards and townships,
its use shall be decided by the district-level People’s Committee. In case a
pond, lake or marsh is located in several districts, towns and provincial
cities, its use shall be decided by the provincial-level People’s Committee. In
case a pond, lake or marsh is located in several provinces and centrally run
cities, its use shall be determined by the Government.
Article 140. Coastal land with water surface
1.
Coastal land with water surface shall be leased by the State to economic
organizations, households, individual, overseas Vietnamese or foreign-invested
enterprises for aquaculture, agricultural, forestry, salt production or
non-agricultural purposes.
2. The
use of coastal land with water surface is prescribed as follows:
a/
Conforming with land use master plans and plans which have been approved by
competent state agencies;
b/
Protection of land and increase of the sedimentation process in coastal land;
c/
Protection of the ecosystem, environment and landscape;
d/ Not
hampering the protection of national security and maritime navigation.
Article 141. Riparian and coastal alluvial land
1.
Riparian and coastal alluvial land includes riparian alluvial land, river
islets, coastal alluvial land and sea islands.
2.
Riparian and coastal alluvial land shall be managed by the People’s Committee
of the commune, ward or township where such land is located.
Riparian
and coastal alluvial land frequently expanded or eroded shall be managed and
protected by district-level People’s Committees.
3.
Riparian and coastal alluvium land shall be leased by the State to economic
organizations, households, individuals, overseas Vietnamese or foreign-invested
enterprises to implement investment projects on agricultural or
non-agricultural production and business.
4.
Households or individuals that are allocated riparian and coastal alluvial land
by the State for agricultural purpose prior to the effective date of this Law
may continue using such land for the remaining land use term. At the expiry of
this term, if they still have demand to use the land in accordance with land
use master plans and plans approved by competent agencies and do not violate
the land law, the State shall consider leasing the land to them.
5. The
State shall encourage economic organizations, households and individuals to
invest in the use of riparian and coastal alluvial land.
6. The
Government shall detail this Article.
Article 142. Land used for farm economy
1. The
State shall encourage farm economy of households or individuals in order to use
land efficiently for the development of production, expansion of the scale and
enhancement of the efficiency of land use in agriculture, forestry, aquaculture
or salt production, in association with services, processing and sale of
agricultural products.
2. Land
used for farm economy includes the land allocated by the State without land use
levy within land allocation quotas applicable to households and individuals
that are directly engaged in agriculture, forestry, aquaculture or salt
production as prescribed in Article 129 of this Law, the land leased from the
State, the land obtained via lease, transfer, inheritance and donation, the
land contracted from organizations, and the land contributed by households or
individuals.
3.
Households or individuals that are using land for farm economy may change the
land use purposes in accordance with law.
4.
Households or individuals using land for farm economy in accordance with
approved land use master plans and plans without any disputes, may continue
using the land in accordance with the following provisions:
a/ If the
land is allocated without land use levy and within the allocation quotas
applicable to households or individuals directly engaged in agriculture,
forestry, aquaculture or salt production as prescribed in Clause 1, Article 54
of this Law, households or individuals may continue using the land under Clause
1, Article 126 of this Law;
b/ If the
land is allocated without land use levy to households or individuals not
directly engaged in agriculture, forestry, aquaculture or salt production, at
the expiry of the land use term, households or individuals shall change to
lease land;
c/ If the
land is leased from the State or transferred, inherited, donated or contracted
from organizations or contributed by households or individuals, households or
individuals may continue using the land in accordance with this Law.
5. It is
forbidden to take advantage of farm economy to occupy and accumulate land for
non-production purposes.
Section 3. NON-AGRICULTURAL LAND
Article
143. Rural residential land
1.
Residential land used by households or individuals in rural areas includes land
for construction of houses and facilities for livelihood, gardens and ponds
within one land parcel in a rural residential area which is established in
accordance with the land use master plan and the master plan for development of
rural residential areas already approved by competent state agencies.
2. Based
on the local land fund and the rural development master plans approved by
competent state agencies, provincial-level People’s Committees shall determine
the land allocation quota to each household or individual for housing
construction in rural areas and the minimum area for the division of a
residential land parcel in accordance with local conditions and customs.
3. The
allocation of residential land in rural areas indicated in the land use master
plans and plans must be in synchrony with the master plan for public facilities
and public non-business facilities, ensuring convenience for production,
people’s life, environmental sanitation and rural modernization.
4. The
State shall adopt policies to create conditions for rural residents to have
accommodation by making full use of the land in existing residential areas and
to restrict the expansion of residential areas on agricultural land.
Article 144. Urban residential land
1. Urban
residential land includes land for construction of houses and facilities for
livelihood, gardens and ponds within one land parcel in an urban residential
area which is established in accordance with the land use master plan and urban
construction master plan already approved by competent state agencies.
2. Urban
residential land shall be allocated in synchrony with land for construction of
public facilities and non-business facilities, ensuring environmental
sanitation and modern urban landscape.
3. The
State shall develop land use master plans for the purpose of urban housing
construction and adopt policies to create conditions for urban residents to
have accommodation.
4.
Provincial-level People’s Committees shall, based on the land use master plans,
urban construction master plans and the local land fund, determine the
allocation quota of residential land to each household or individual for their
own housing construction in case they are not eligible to be allocated land in
an investment project on housing construction; and prescribe the minimum area
for the division of a residential land parcel.
5. The
change of land use purpose from residential land to land for construction of
production and business establishments must conform to land use master plans
and plans and the urban construction master plan already approved by competent
state agencies and with regulations on public order, safety and urban
environmental protection.
Article 145. Land for construction of condominiums
1. Land
for construction of condominiums includes land for the construction of
condominiums, facilities directly serving the life of families living in the
condominiums and facilities for public use in accordance with the construction
master plan approved by competent state agencies.
2. The
land master plan for construction of condominiums must be in harmony with the
master plans on public facilities and environmental protection.
3. The
Government shall detail the use of land for construction of condominiums.
Article 146. Land used for improvement and development of
urban areas and rural residential areas
1. Land
for urban improvement and development includes land for improvement of the
existing inner urban areas and land planned for expanding existing urban areas
or developing new urban areas.
Land for
improvement and development of rural residential areas includes land for
improvement of existing residential areas, land which is part of the
agricultural land fund for public purposes, and land planned for expanding
existing residential areas.
2. The
use of land for improvement and development of urban areas and rural
residential areas must conform to the land use master plans and plans, urban
construction master plan and master plan for development of rural residential
areas which have been approved by competent state agencies, and with
construction standards and regulations issued by competent state agencies
3.
Provincial-level People’s Committees shall organize the development of projects
and assign them to economic organizations, overseas Vietnamese or
foreign-invested enterprises for implementation in accordance with law in order
to improve or develop new urban or rural residential areas. The land for such
projects shall be allocated appropriately in land use master plans and plans
for the whole area, including land for construction of infrastructure,
residential land, land for public facilities and non-business facilities, land
for trading and services and land for non-agricultural production
establishments.
When
implementing projects on technical infrastructure, development or improvement
of urban or rural residential areas, the State shall proactively recover the
land which includes land for construction of infrastructure and the nearby area
in accordance with land use master plans and plans.
4. In
case the communities develop or improve their facilities for public purposes
based on the contributions of people or the support by the State, the voluntary
contribution of land use rights, compensation or support shall be agreed upon
by the communities and the land users.
Article 147. Land for construction of offices and
non-business facilities
1. Land
for construction of offices includes land for construction of offices of state
agencies, political organizations and socio-political organizations.
2. Land
for construction of non-business facilities includes land for construction of
non-business facilities in the sectors and fields of economy, culture, society,
health, education and training, physical training and sports, science and
technology, environment, and foreign affairs and other non-business facilities.
3. The
use of land prescribed in Clauses 1 and 2 of this Article must conform to the
land use master plans and plans, the urban construction master plan and the
master plan for development of rural residential areas approved by competent
state agencies.
4. The
heads of agencies or organizations to which land is allocated or leased shall
preserve the allocated or leased land and ensure proper land use purposes.
It is
forbidden to use the land for construction of offices and non-business
facilities for other purposes.
5. The
State shall encourage the use of land for the purpose of development of
culture, health, education and training, physical training and sports, science
and technology, and environment.
Article 148. Land for national defense or security purpose
1. Land
used for national defense or security purpose includes land used in the cases
prescribed in Article 61 of this Law.
2.
Provincial-level People’s Committees shall perform the state management of land
used for national defense or security purpose in their localities.
The
Ministry of National Defense and the Ministry of Public Security shall
coordinate with provincial-level People’s Committees in formulating land use
master plans and plans for national defense or security purpose to meet the
requirements of socio-economic development and strengthening of national
defense and security; review and define the boundaries of land used for
national defense or security purpose; and define the areas and locations of
land for national defense or security purpose which are no more needed or are
improperly used, for handover to the localities for management and use.
3. For
land areas that are planned for national defense or security purpose but are
still not used for these purposes, the current users may continue using the
land until the decision by a competent state agency to recover the land is
issued, but must not cause deformation to the natural terrain.
4. The
Government shall detail this Article.
Article 149. Land for industrial parks, export processing
zones, industrial clusters and trade villages
1. The
use of land for construction of industrial parks, export processing zones,
industrial clusters or trade villages must conform to land use master plans and
plans and detailed construction master plans approved by competent state
agencies.
During
the planning and establishment of industrial parks or export processing zones,
the planning and construction of housing areas and public facilities outside
the industrial parks or export processing zones to serve the life of workers in
industrial parks or export processing zones must be carried out simultaneously.
2. The
State shall lease the land to economic organizations, overseas Vietnamese or
foreign- invested enterprises to invest in construction and commercial
operation of infrastructure of industrial parks, industrial clusters and export
processing zones. For the land area that is leased with annual rental payment,
the lessee may sublease that land with annual rental payment. For the land area
that is leased with full one-off rental payment for the entire lease period,
the lessee may sublease that land with full one-off rental payment for the
entire lease period or annual rental payment.
Investors
are entitled to exemption from land rental for the land used for construction
of infrastructure for common use in industrial parks, industrial clusters or
export processing zones.
3.
Economic organizations, households, individuals, overseas Vietnamese and
foreign- invested enterprises that invest in production and business in
industrial parks, industrial clusters or export processing zones are entitled
to sublease land together with infrastructure from other economic
organizations, overseas Vietnamese or foreign-invested enterprises that have invested
in the construction and commercial operation of infrastructure, and have the
following rights and obligations:
a/ In
case of subleasing land with full one-off rental payment for the entire lease
period, they have the rights and obligations prescribed in Article 174 of this
Law;
b/ In
case of subleasing land with annual rental payment, they have the rights and
obligations prescribed in Article 175 of this Law.
4. Land
users in industrial parks, industrial clusters or export processing zones shall
use land for the determined land use purposes, be granted a certificate of land
use rights and ownership of houses and other land-attached assets, and have the
rights and obligations prescribed in this Law.
5.
Economic organizations, households, individuals or overseas Vietnamese that
invest in production and business in industrial parks, industrial clusters or
export processing zones and have been allocated land by the State or acquired
land use rights together with infrastructure from other economic organizations
or overseas Vietnamese that have invested in the construction and commercial
operation of infrastructure of industrial parks, industrial clusters or export
processing zones prior to the effective date of this Law, may continue using
the land for the remaining project duration without having to change to lease
land. At the expiry of the project duration, if these subjects still have
demand, the State shall consider leasing land to them in accordance with this
Law.
6. The
Government shall detail this Article.
Article 150. Land for hi-tech zones
1. Land
for hi-tech zones that are established under decisions of the Prime Minister
includes land of different categories with different land use regimes used for
the production and trading of hi-tech products, research, development and
application of high technology and training of hi-tech human resources.
During
the planning and establishment of hi-tech zones, the planning and construction
of housing areas and public facilities outside the hi-tech zones to serve the
life of experts and workers in hi-tech zones must be carried out
simultaneously.
2. The
management board of a hi-tech zone shall be allocated land in the hi-tech zone
by the provincial-level People’s Committee. The board may lease land to
organizations, individuals, overseas Vietnamese or foreign-invested enterprises
using land in the hi-tech zone in accordance with this Law.
3. The
management board of a hi-tech zone shall make a detailed construction plan of
the hi-tech zone and submit it to the provincial-level People’s Committee of
the locality where the land is located for approval.
The
provincial-level People’s Committee shall allocate land to the management board
of the hi-tech zone to organize the construction and development of the hi-tech
zone in accordance with the approved master plan.
4. Land
users that lease land in a hi-tech zone from its management board have the same
rights and obligations as leasing land from the State in accordance with this
Law.
5. The
enterprise that develops the hi-tech zone or develops the infrastructure is
entitled to lease land from the management board. Those who have demand to use
land in the hi-tech zone may sublease land from this enterprise.
6. Land
users in a hi-tech zone shall use land in accordance with land use purposes
indicated in the land lease contract, be granted a certificate of land use
rights and ownership of houses and other land-attached assets, and have the
rights and obligations prescribed in this Law.
In case
of transfer of land use rights in a hi-tech zone, the transferee shall continue
using the land for the determined land use purpose.
7. The
State shall encourage organizations, overseas Vietnamese and foreign-invested
enterprises to invest in the construction and commercial operation of infrastructure
in hi-tech zones, and encourage organizations, individuals, overseas Vietnamese
and foreign-invested enterprises to use land for the development of science and
technology.
8. The
determination of land rental rates and calculation of land rentals in hi-tech
zones must comply with this Law.
Article 151. Land for economic zones
1. Land
for economic zones includes land used for construction of economic zones or
border- gate economic zones which are established under decisions of the Prime
Minister. Land in an economic zone includes land used for its functional areas,
including non-tariff zone, tariff- bonded zone, export processing zone,
industrial park, entertainment zone, tourist area, urban area, residential
area, administrative area and other functional areas which are consistent with
characteristics of each economic zone in order to create an especially
favorable investment and business environment for investors.
The
construction or opening of an economic zone must conform to the master plan on
the economic zone system in the whole country.
2.
Provincial-level People’s Committees shall allocate land to the management
boards of economic zones to organize the construction of the economic zones in
accordance with the approved land use plan which is included in the detailed
construction master plans of the economic zones.
3. The
management board of an economic zone shall carry out the compensation and
ground clearance for the expropriated land which is allocated by a competent
state agency before re-allocating or leasing the land. The management board may
re-allocate land with or without land use levy or lease land to land users that
need to use the land in the functional areas of the economic zone under
Articles 54, 55 and 56 of this Law.
The land
use term for production and business in an economic zone must not exceed 70
years.
4. Land
users in an economic zone are entitled to invest in the construction of and
trading in houses and infrastructure, and to conduct production, business and
service activities, and have the following rights and obligations:
a/ In
case of being re-allocated land in the economic zone by the management board,
they have the rights and obligations as allocated land by the State in
accordance with this Law;
b/ In
case of leasing land in the economic zone from the management board, they have
the rights and obligations as leasing land from the State in accordance with
this Law.
5. The
State shall encourage investment in the construction and commercial operation
of infrastructure in economic zones and encourage the use of land for economic
development.
6. The
land use regime and rights and obligations of land users in an economic zone
shall apply in accordance with each type of land as prescribed in this Law.
7.
Economic organizations, households, individuals or overseas Vietnamese that
invest in production and business in an economic zone and have been allocated
land by the State or acquired land use rights from other economic organizations
or overseas Vietnamese prior to the effective date of this Law may continue
using the land for the remaining project duration without having to change to
lease land. At the expiry of the project duration, if these subjects still have
demand, the management board shall consider leasing land to them in accordance
with this Law.
8. The
Government shall detail this Article.
Article 152. Land used for mining activities
1. Land
used for mining activities includes land used for mineral exploration,
exploitation and processing, land for auxiliary facilities for mining
activities and safety corridors in mining activities.
2. Land
used for mineral exploration and exploitation shall be leased by the State to
organizations, individuals, overseas Vietnamese or foreign-invested enterprises
that are permitted to carry out projects on mineral exploration and
exploitation.
Land used
as ground for mineral processing falls under the type of non-agricultural land
for production and business purposes with the same land use regime as for the
land for trading and services or non-agricultural production establishments as
prescribed in Article 153 of this Law.
3. The
use of land for mining activities must comply with the following provisions:
a/ Having
a license for mining activities and a decision on land lease for mineral
exploration and exploitation or a decision on lease of land as mineral
processing ground, granted by a competent state agency according to the
Government’s regulations;
b/ Taking
measures for environmental protection, waste treatment and other measures to
avoid causing damage to other land users in the area or the surrounding areas;
c/ The
use of land must be in line with the progress of mineral exploration and
exploitation. Land users shall return the land in accordance with the progress
of mineral exploration and exploitation and with the status of surface soil as
stipulated in the land lease contract;
d/ If the
mineral exploration and exploitation do not require the use of surface soil or
do not affect the use of the ground, there is no need to lease the surface
soil.
Article 153. Land used for trading and services; land for
non-agricultural production establishments
1. Land
used for trading or services includes land used for construction of trading or
service establishments and other facilities serving trading or services.
Land used
for non-agricultural production establishments includes land used for
construction of non-agricultural production establishments that are located
outside industrial parks, industrial clusters or export processing zones.
2. The
use of land for trading, services and non-agricultural production
establishments must be in line with land use master plans and plans, urban construction
master plan and master plan for development of rural residential areas which
have been approved by competent state agencies, and with regulations on
environmental protection.
3.
Economic organizations, households or individuals may use land for trading,
services or for non-agricultural production establishments, which is the land
obtained through leasing land from the State, acquiring land use rights,
leasing or subleasing land or receiving land use rights contributed as capital
from other economic organizations, households or individuals, or from overseas
Vietnamese, or subleasing land together with infrastructure from
foreign-invested enterprises.
Overseas
Vietnamese may use land for trading, services or non-agricultural production
establishments, which is the land obtained through leasing land from the State,
or leasing or subleasing land from other economic organizations, households or
individuals, or from other overseas Vietnamese, or subleasing land together
with infrastructure from foreign-invested enterprises. Overseas Vietnamese who
are defined Clause 1, Article 186 of this Law are also entitled to obtain land
through inheritance or donation of land use rights to use for construction of
trading, services or non-agricultural production establishments.
Foreign-invested
enterprises may use land for trading, services or non-agricultural production
establishments, which is the land obtained through leasing land from the State,
or leasing or subleasing land from economic organizations or overseas Vietnamese,
or subleasing land together with infrastructure from other foreign-invested
enterprises.
Article 154. Land used for production of construction
materials and ceramic products
1. Land
used for production of construction materials and ceramic products includes
land, land with surface water for material exploitation and land used as ground
for processing and producing construction materials and ceramic products.
The use
of land for exploiting raw materials for manufacturing bricks, tiles or ceramic
products must take advantage of hilly land, uncultivated hillocks, abandoned
land, land in riverbed or ponds or lakes that need to be dig deep, land along
the rivers not being used for agricultural production, soil dikes no longer in
use, or land from rehabilitation of rice fields.
2. Land
or land with surface water used for exploiting raw materials shall be leased by
the State to households or individuals that are permitted to exploit raw
materials for the production of construction materials and ceramic products; to
economic organizations, overseas Vietnamese or foreign-invested enterprises
that are licensed to implement investment projects on exploitation of raw
materials for production of construction materials and ceramic products.
Land used
as ground for production of construction materials and ceramic products falls
under the type of non-agricultural land for production and business purposes
with the same land use regimes as for trading, services or non-agricultural
production establishments as prescribed in Article 153 of this Law.
3. The
use of land for production of construction materials and ceramic products must
comply with the following provisions:
a/ Having
a decision on land lease for the purpose of exploitation of raw materials,
processing and production of construction materials and ceramic products issued
by a competent state agency;
b/ Taking
necessary measures to avoid causing damage to production activities, life and
negative effects to the environment, water flows or transportation;
c/ Land
users shall return the land in accordance with the progress of exploitation of
raw materials and with the status of surface soil as stipulated in the land
lease contract.
4. It is
forbidden to use land of the following types to exploit raw materials for
manufacturing bricks, tiles or ceramic products:
a/ Land
with historical-cultural relics or scenic landscapes which have been ranked or
placed under the protection of provincial-level People’s Committees;
b/ Land
within the safety corridor of construction facilities.
5. In the
process of using land to exploit raw materials for manufacturing bricks, tiles
or ceramic products, land users shall apply appropriate technology measures to
exploit and use the land suitably and economically and shall take necessary
measures to avoid causing damage to production activities and the life of
adjacent land users and adverse effects to the environment.
Article 155. Land used for public purposes or for
implementation of build-transfer (BT) and build-operate-transfer (BOT) projects
1. The
use of land for public purposes must be in line with the land use master plans
and plans, urban construction master plan and master plan for development of
rural residential areas approved by competent state agencies.
2. For
land used for public purposes, a detailed construction master plan must be
formulated which clearly defines the functional areas used for public purposes
involving non-commercial purpose and functional areas used for public purposes
involving commercial purpose.
The land
used for functional areas for non-commercial purposes shall be allocated by the
State without land use levy under Article 54 of this Law. The land used for
functional areas for commercial purpose shall be leased by the State under
Article 56 of this Law.
3. The
State shall allocate land to investors for management to implement BT projects
and allocate or lease land to investors to implement BOT projects and other
forms as prescribed by the investment law.
4. The
Government shall detail this Article.
Article 156. Land used for civil airports and airfields
1. Land
used for civil aviation operations at airports or airfields includes:
a/ Land
used for construction of offices of state agencies which operate constantly at
airports or airfields;
b/ Land
used for construction of infrastructure in airports or airfields, including
land for construction of runways, taxiways, aircraft parking areas, facilities
to ensure flight operations, aviation security and airfield emergency, fences,
construction-serving roads, internal roads and other auxiliary facilities areas
of the airfields;
c/ Land
used for construction of facilities for aviation services at airports or
airfields;
d/ Land
used for construction of facilities for non-aviation services.
2.
Airport authorities shall be allocated land by provincial-level People’s
Committees in accordance with land use master plans and plans and master plan
for airports and airfields which have been approved by competent state
agencies. The certificate of land use rights and ownership of houses and other
land-attached assets which are used for civil aviation operations at airports
or airfields shall be granted to the airport authorities.
3. Based
on land use master plans and plans approved by the state management agency in
charge of civil aviation, airport authorities shall allocate land without land
use levy or lease land in accordance with the following provisions:
a/
Allocation of land without land use levy for the land specified at Points a and
b, Clause 1 of this Article;
b/ Lease
of land with annual rental payment for the land specified in Points c and d,
Clause 1 of this Article. The calculation and collection of land rental must
comply with this Law.
4.
Organizations and individuals using land at airports or airfields have the
following rights and obligations:
a/ To use
land for proper purposes; to refrain from exchanging, transferring, donating or
leasing land use rights, or mortgaging or contributing as capital land use
rights;
b/ To use
the assets under their ownership which are attached to the leased land as
collateral at credit institutions which are licensed to operate in Vietnam; to
sell or lease assets and contribute as capital assets under their ownership
which are attached to the leased land.
5. The
Government shall detail this Article.
Article 157. Land used for construction of public
facilities with safety corridors
1. Land
used for construction of public facilities with safety corridors includes land
used for construction of systems of transport, irrigation, dykes, water supply
and drainage, waste treatment, power transmission, oil and gas pipelines and
communication, and land within the safety corridors of these systems.
2. The
use of land for public facilities with safety corridors must ensure the use of
both the aerial and underground space, the combination of different facilities
in the same land area in order to save land, and comply with relevant
specialized laws concerning safety protection of facilities.
3.
Legally recognized users of land within the safety coưidors may continue using
the land in accordance with the determined purposes and may not hinder the
safety protection of the facilities.
In case
the use of that land hinders the safety protection of the facilities, the
owners of facilities and the land users shall take remedial measures. In case
of failure to remedy the problem, the State will recover the land and pay
compensation in accordance with law.
4.
Agencies or organizations directly managing the facilities with safety
corridors shall publicize information on boundary marks of the safety corridors
and take the main responsibility for the protection of the facilities. In case
the safety corridors of the facilities are illegally encroached, occupied or
used, the agencies or organizations shall promptly report it to and request
handling from the commune-level People’s Committee of the locality where the
safety corridors are located.
5. The
People’s Committees of all levels of the locality where the facilities with
safety corridors are located shall coordinate with the agencies or
organizations directly managing the facilities in disseminating laws and
regulations on safety protection of facilities, publicizing boundary marks for
the land use within the safety corridors and promptly deal with the illegal
occupation, encroachment or use of the safety corridors.
6. The
Government shall detail this Article.
Article 158. Land with historical-cultural relics and
landscapes
1. Land
with historical-cultural relics and landscapes which are ranked or under the
protection of provincial-level People’s Committees shall be strictly managed in
accordance with the following provisions:
a/
Organizations, households, individuals and communities that directly manage
land with historical-cultural relics and landscapes shall assume the main
responsibility in the use of such land in accordance with the law on cultural
heritage;
b/
Commune-level People’s Committees shall assume the main responsibility for the
management of land with historical-cultural relics and landscapes in their
localities which are not specified at Point a of this Clause;
c/ If
land with historical-cultural relics and landscapes is encroached, occupied or
used for improper or illegal purposes, the chairperson of the commune-level
People’s Committee of the locality where such land is located shall detect,
prevent and deal with these illegal activities promptly.
2. In
special cases in which it is necessary to use land with historical-cultural
relics and landscapes for other purposes, the change of the land use purpose
must conform with the land use master plans and plans approved by competent
state agencies and must be approved in writing by the state agencies which have
the competence to decide on the ranking of those historical- cultural relics
and landscapes.
Article 159. Land used by religious institutions
1. Land
used by religious institutions includes land for pagodas, churches, oratories,
sanctuaries, monasteries, religious schools, head offices of religious
institutions and other religious institutions whose operation is licensed by
the State.
2.
Provincial-level People’s Committees shall base themselves on the state
policies on religions and land use master plans and plans approved by competent
state agencies to determine the land areas to be allocated to the religious
institutions.
Article 160. Land used for belief practices
1. Land
for belief practices includes land for communal houses, temples, shrines,
hermitages, ancestral worship houses and ancestral temples.
2. Land
for belief practices must be used properly and in accordance with the land use
master plans and plans, urban construction master plan and master plan for
development of rural residential areas which have been approved by competent
state agencies.
3. The
construction or expansion of communal houses, temples, shrines, hermitages,
ancestral worship houses and ancestral temples of the communities must be
permitted by competent state agencies.
Article 161. Land used for construction of underground
facilities
1. The
use of land for construction of underground facilities must conform to the
master plan for construction of underground facilities, land use plans and
other related master plans which have been approved by competent state
agencies.
2.
Provincial-level People’s Committees shall decide on land allocation and land
lease for construction of underground facilities in accordance with the
Government’s regulations.
Article 162. Land used to cemeteries or graveyards
1. Land
used for cemeteries or graveyards must be developed in concentrated areas in
conformity with land use master plans; be located far from residential areas
and convenient for burial services and visits, satisfying sanitation and
environmental requirements and used economically.
2.
Provincial-level People’s Committees shall prescribe land quotas and management
regimes for construction of graves, statues and monuments, and memorial stela
in cemeteries or graveyards with economical use of land, and adopt policies to
encourage the burial without using land.
3. It is
forbidden to build cemeteries or graveyards which are not in conformity with
land use master plan and plans which have been approved by competent state
agencies.
Article 163. Land with rivers, streams, canals, springs and
special-use water surface
1. Based
on the determined main purpose, land with rivers, streams, canals, springs or
special-use water surface must be used and managed in accordance with the
following provisions:
a/ The
State shall allocate land with special-use water surface to organizations for
management in combination with use and exploitation of such land for
non-agriculture purposes, or non-agriculture purposes in combination with
aquaculture and exploitation of aquatic resources;
b/ The
State shall lease out land with rivers, streams, canals or springs with annual
rental payment to economic organizations, households or individuals for
aquaculture;
c/ The
State shall lease out land with rivers, streams, canals or springs with annual
rental payment to overseas Vietnamese or foreign-invested enterprises for
implementing their investment projects on aquaculture.
2. The
exploitation and use of land with rivers, streams, canals, springs or
special-use water surface must not affect the determined main land use purpose;
and must also comply with the technical regulations of the related sector or
field and the regulations on environmental and landscape protection, and may
not obstruct natural flows and waterway transportation.
Section 4. UNUSED LAND
Article 164. Management of unused land
1.
Commune-level People’s Committees shall manage and protect unused land in their
localities and register it in cadastral records.
2.
Provincial-level People’s Committees shall manage unused land on uninhabited
islands.
3. The
management of unused land must comply with the Government’s regulations.
4. Based
on the land use master plans and plans approved by competent state agencies,
the People’s Committees of all levels shall make plans for investment, reclamation
and improvement of the unused land in order to put it into use.
5. The
State shall encourage investment by organizations, households and individuals
to put unused land into use in accordance with the land use master plans and
plans approved by competent state agencies.
6. Land
areas planned for agricultural purposes shall be allocated with priority to
local households or individuals directly engaged in agricultural, forestry,
aquaculture or salt production that have not been allocated land or lack
production land.
Chapter XI
RIGHTS AND OBLIGATIONS OF LAND USERS
Section 1. GENERAL PROVISIONS
Article 166. General rights of land users
1. To be
granted the certificate of land use rights, houses and other land-related
assets ownership.
2. To
enjoy the results of the labor and investment on land.
3. To
enjoy the benefits derived from facilities constructed by the State for
protecting and improving agricultural land.
4. To
receive the State’s guidance and assistance in the improvement and
fertilization of agricultural land.
5. To be
protected by the State against others’ infringements of their lawful rights and
benefits related to land.
6. To
receive compensation when land is expropriated by the State in accordance with
this Law.
7. To
complain about, denounce or file lawsuits over violations of their lawful land
use rights and other violations of the land law.
Article 167. The right to exchange, transfer, lease,
sublease, inherit, donate, mortgage land use rights and contribute land use
rights as capital
1. Land
users may exercise the rights to exchange, transfer, lease, sublease, inherit,
donate, mortgage land use rights and to contribute land use rights as capital
in accordance with this Law.
2. A
group of land users sharing land use rights have the following rights and
obligations:
a/ A
group of land users including households and individuals have the same rights
and obligations as households and individuals in accordance with this Law.
In case
one member of the group of land users is an economic organization, that group
of land users has the same rights and obligations as economic organizations in
accordance with this Law;
b/ For a
group of land users sharing land use rights which can be split into portions
for each member in the group, if every member wants to exercise his/her land
use rights over such portion, they shall carry out the prescribed procedures to
have the common land parcel split into different parcels of their own and apply
for the certificates of land use rights and ownership of houses and other
land-attached assets. Those members will then have the rights and obligations
of land users in accordance with this Law.
In case
land use rights of the group of land users can not be split into portions, the
group shall authorize its representative to exercise the rights and perform the
obligations of the group.
3. The
notarization and certification of contracts and documents on the exercise of
the rights of land users shall be conducted as follows:
a/
Contracts on transfer, donation, mortgage or contribution of land use rights as
capital or the rights to use land and land-attached assets must be notarized or
certified, except the case of real estate business prescribed at Point b of
this Clause;
b/
Contracts on lease or sublease of land use rights or the rights to use land and
land-attached assets, a contract on exchange of agricultural land use rights, a
contract on transfer of land use rights or the rights to use land and land-attached
assets in which one party or all parties involved in the transaction is/are a
real estate business organization or organizations must be notarized or
certified at the request of the parties;
c/ The
documents on inheritance of land use rights or the rights to use land and
land-attached assets must be notarized or certified under the civil law;
d/ The
notarization shall be conducted at notarization-practicing organizations and
the certification shall be conducted at commune-level People’s Committees.
Article 168. Time to exercise the rights of land users
1. Land
users may exercise the rights to transfer, lease, sublease, donate and mortgage
land use rights and to contribute land use rights as capital upon receipt of a
certificate. In case of exchanging agricultural land use rights, land users may
exercise their rights upon receipt of a decision on land allocation or land
lease. In case of inheritance of land use rights, land users may exercise their
rights upon receipt of a certificate or when they are eligible to be granted a
certificate.
A land
user who is allowed to delay the performance of, or owe, his/her financial
obligations, may exercise his/her rights only after fulfilling all financial
obligations.
2. The
transfer of land use rights within an investment project on construction of
houses for sale or lease or the transfer of land use rights together with the
whole project within an investment project on construction of infrastructure
for transfer or lease may only be conducted upon receipt of a certificate and
satisfaction of all conditions prescribed in Article 194 of this Law.
Article 169. Acquisition of land use rights
1.
Acquisition of land use rights is prescribed as follows:
a/
Households and individuals may acquire agricultural land use rights through
exchange of land use rights as prescribed at Point b, Clause 1, Article 179 of
this Law;
b/
Economic organizations, households and individuals may acquire land use rights
through receipt of transfer of land use rights, except the cases prescribed in
Article 191 of this Law. Overseas Vietnamese may acquire land use rights
through receipt of transfer of land use rights in industrial parks, industrial
clusters, export processing zones, hi-tech zones or economic zones.
Foreign-invested enterprises may acquire investment capital which is the value
of land use rights in accordance with the Government’s regulations;
c/
Organizations, households, individuals and communities may acquire land use
rights through receipt of donation of land use rights as prescribed at Point c,
Clause 2, Article 174, and Point e, Clause 1, Article 179, of this Law, except
the case prescribed in Article 191 of this Law;
d/
Organizations, households, individuals and communities may acquire land use
rights through receipt of inherited land use rights;
e/
Overseas Vietnamese who are eligible to own houses in Vietnam under the housing
law may acquire land use rights through purchase, lease-purchase, inheritance
or donation of houses associated with land use rights, or acquire land use
rights in housing development projects;
f/
Economic organizations and joint ventures may acquire land use rights through
receipt of contribution of land use rights as capital;
g/
Organizations, households, individuals, communities, religious institutions and
overseas Vietnamese may acquire land use rights through land allocation by the
State. Foreign-invested enterprises may acquire land use rights through land
allocation by the State to carry out investment projects on construction of
houses for sale or for a combination of sale and lease;
h/
Economic organizations, self-financed public non-business organizations,
households, individuals, overseas Vietnamese, foreign-invested enterprises and
foreign organizations with diplomatic functions may acquire land use rights
through land lease by the State;
i/
Organizations, households, individuals, communities and religious institutions
may acquire land use rights through the State’s recognition of the existing
stable use of the land;
k/ Organizations,
households, individuals, overseas Vietnamese and foreign-invested enterprises
may acquire land use rights through the successful conciliation of land
disputes which is certified by a competent People’s Committee, the agreement in
the mortgage contract to handle the debt, or the decision of a competent state
agency on settlement of land disputes, complaints or denunciations, the
decision or judgment of a People’s Court, the decision on judgment enforcement
of the judgment enforcement agency which has been executed, the document
recognizing the result of the auction of land use rights in accordance with
law, or the document on splitting land use rights for households or groups
sharing land use rights in accordance with law;
l/
Communities and religious institutions may acquire land use rights through the
successful conciliation of land disputes which is certified by a competent
People’s Committee, the decision of a competent state agency on settlement of
land disputes, complaints or denunciations, the decision or judgment of a
People’s Court, or the judgment enforcement decision of the judgment
enforcement agency which has been executed;
m/ The
organization which is a newly established legal entity through splitting or
merger under the decision of a competent agency or organization or according to
a lawful document on splitting or merger of economic organizations may acquire
land use rights from the organizations which are split or merged legal
entities.
2.
Households and individuals may acquire land use rights, regardless of place of
residence, except the cases prescribed in Clauses 3 and 4, Article 191, and
Article 192 of this Law.
Article 170. General obligations of land users
1. To use
the land for proper purposes, in accordance with the land parcel boundaries, in
compliance with regulations on use of the depth beneath and the space above the
parcel while protecting underground public facilities and in accordance with
other relevant laws.
2. To
declare and register land; to complete all related procedures upon exchange,
transfer, lease, sublease, inheritance, donation of land use rights; mortgage
or contribution of land use rights as capital in accordance with law.
3. To
fulfill financial obligations in accordance with law.
4. To
take measures to protect the land.
5. To
comply with regulations on environmental protection and not to cause damage to
the lawful benefits of related land users.
6. To
comply with the law on discovery of underground objects.
7. To
return the land upon the State’s decision on land expropriation or at the
expiry of the land use term without being permitted to extend the land use
term.
Article 171. Limited use rights to the adjacent land parcel
1. The
limited use rights to the adjacent land parcel include the right to access path,
water supply and drainage, irrigation and drainage in cultivation, gas supply,
power lines, communication and other reasonable needs on the adjacent land
parcel.
2. The
limited use rights to the adjacent land parcel shall be established in
accordance with the civil law and must be registered under Article 95 of this
Law.
Article 172. Right to choose method of land rental payment
1.
Economic organizations, self-financed public non-business organizations,
households, individuals, overseas Vietnamese and foreign-invested enterprises
specified in Clause 1, Article 56 of this Law may choose between the form of
annual rental payment or full one-off rental payment for the entire lease
period.
2.
Economic organizations, self-financed public non-business organizations,
households, individuals, overseas Vietnamese and foreign-invested enterprises
that are leasing land from the State with annual rental payment may change to
the form of full one-off rental payment for the entire lease period. The
specific land price used for determination of land rental must be re-determined
in accordance with this Law at the time the decision on approval of the change
to the form of full one-off rental payment for the entire lease period is
issued.
Section 2. RIGHTS AND OBLIGATIONS OF ORGANIZATIONS USING
LAND
Article 173. Rights and obligations of organizations that
are allocated land without land use levy by the State
1.
Organizations to which the land is allocated by the State without land use levy
have the rights and obligations prescribed in Articles 166 and 170 of this Law.
2.
Organizations to which the land is allocated by the State without land use levy
may not exchange, transfer, donate, lease land use rights; mortgage, contribute
land use rights as capital, and are not entitled to compensation upon land
expropriation by the State.
Article 174. Rights and obligations of organizations that
are allocated land with land use levy by the State, or leased land with full
one-off rental payment for the entire lease period
1. In
addition to the rights and obligations prescribed in Clause 1 of this Article,
economic organizations that are allocated land with land use levy or leased
land with full one-off payment for the entire lease period by the State have
the rights and obligations prescribed in Articles 166 and 170 of this Law.
2.
Economic organizations that are allocated land with land use levy or leased
land with full one-off rental payment for the entire lease period by the State
have the following rights:
a/ To
transfer land use lights and land-attached assets under their ownership;
b/ To
lease land use rights and land-attached assets under their ownership in case of
being allocated with land use levy by the State and to sublease land use rights
and land-attached assets under their ownership in case of being leased land
with full one-off rental payment for the entire lease period by the State;
c/ To
donate land use rights to the State and communities for construction of
facilities for common public interests of the communities and donate
land-attached gratitude houses in accordance with law;
d/ To
mortgage with land use rights and land-attached assets under their ownership at
credit institutions which are licensed to operate in Vietnam;
e/ To
contribute land use rights and land-attached assets under their ownership as
capital for cooperation in production and business with organizations,
individuals, overseas Vietnamese or foreign-invested enterprises in accordance
with law.
3.
Self-financed public non-business organizations leasing land with full one-off
rental payment for the entire lease period from the State and for which the
paid rental does not originate from the state budget, have the rights and
obligations prescribed in Clauses 1 and 2 of this Article. The exercise of the
rights is subject to written approval by a competent state agency.
Self-financed
public non-business organizations leasing land with full one-off rental payment
for the entire lease period from the State and for which the paid rental
originates from the state budget have the rights and obligations prescribed in
Article 173 of this Law.
4.
Organizations that are allocated land with land use levy or leased land with
full one-off rental payment for the entire lease period by the State, but are
entitled to exemption from or reduction of land use levy or land rental, have
the following rights and obligations:
a/ If the
organization is allocated or leased land by the State for implementation of
projects on construction of and trading in houses and is entitled to exemption
from or reduction of land use levy or land rental, it has the same rights and
obligations as being not entitled to exemption from or reduction of land use
levy or land rental;
b/ If the
organization is allocated or leased land by the State for implementation of
investment projects for profit purpose that is not prescribed at Point a of
this Clause, and is allowed to pay a reduced land use levy or land rental, it
has the same rights and obligations as being not entitled to exemption from or
reduction of land use levy or land rental for the land type with similar land
use purpose;
c/ If the
organization is allocated or leased land by the State for implementation of
investment projects for profit purpose that is not prescribed at Point a of
this Clause, and is exempted from land use levy or land rental, it has the same
rights and obligations as leasing land with annual rental payment for the land
type with similar land use purpose.
Article 175. Rights and obligations of economic
organizations and public non-business organizations using leased land with
annual rental payment
1.
Economic organizations or public non-business organizations using leased land
from the State with annual rental payment have the following rights and
obligations:
a/
General rights and obligations prescribed in Article 166 and Article 170 of
this Law;
b/ To
mortgage their assets attached to the leased land at credit institutions which
are licensed to operate in Vietnam;
c/ To
sell their assets attached to the leased land upon the satisfaction of the
conditions prescribed in Article 189 of this Law. The buyer of these assets may
continue to be leased land for determined land use purpose by the State;
d / To
contribute their assets attached to the leased land as capital. The recipient
of these assets may continue to be leased land for determined land use purpose
by the State;
e/ To
sublease land use rights with annual rental payment for the land with
completely constructed infrastructure in case they are permitted to invest in
the construction and commercial operation of infrastructure in industrial
parks, industrial clusters, export processing zones, hi-tech zones or economic
zones.
2.
Economic organizations or public non-business organizations using land leased
from organizations, households or individuals that are located outside
industrial parks, industrial clusters or export processing zones have the
rights and obligations prescribed in the civil law.
Article 176. Rights and obligations of economic
organizations which acquire land use rights or change land use purposes
1.
Economic organizations which acquire land use rights or change land use purpose
have the general rights and obligations prescribed in Articles 166 and 170 of
this Law.
2.
Economic organizations acquiring the rights to use the land which originates
from being allocated with land use levy or being leased with full one-off
rental payment for the entire lease period by the State and the land use levy
or land rental does not originate from the state budget have the rights and
obligations prescribed in Clause 2, Article 174 of this Law.
3.
Economic organizations acquiring the agricultural land use rights in accordance
with law have the following rights and obligations:
a/ If
they acquire land use rights without changing, the land use purpose, they have
the rights and obligations prescribed in Clause 2, Article 174 of this Law;
b/ If
they acquire land use rights and change the land use purpose and are eligible
for being allocated land with land use levy or leased land with full one-off
rental payment for the entire lease period, they have the rights and
obligations prescribed in Clause 2, Article 174 of this Law;
c/ If
they acquire land use rights and change the land use purpose and are eligible
for being leased land with annual rental payment, they have the rights and
obligations prescribed in Article 175 of this Law.
4. The
rights and obligations of economic organizations which are approved by
competent state agencies to change the land use purpose from land allocation
without land use levy to land allocation with land use levy or to land lease
are prescribed as follows:
a/ If the
economic organization is allocated land with land use levy or leased land with
full one-off rental payment for the entire lease period, it has the rights and
obligations prescribed in Clause 2, Article 174 of this Law;
b/ If the
economic organization is leased land with annual rental payment, it has the
rights and obligations prescribed in Clause 1, Article 175 of this Law.
Article 177. Rights and obligations of economic
organizations receiving land use rights as contributed capital; land use rights
of economic organizations upon dissolution or bankruptcy
1.
Economic organizations receiving land use rights as cont