|
THE NATIONAL
ASSEMBLY
---------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
|
No. 45/2013/QH13
|
Hanoi, November
29, 2013
|
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovers
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 recovered 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
recovery by the State means the State provides assistance to those whose land
is recovered, 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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).
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
recovery and land requisition.
5. To decide on land
prices.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovered.
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 recovery 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovery and change of land use purposes.
6. Managing compensation,
support and resettlement upon land recovery.
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
1. Guarantee of the lawful rights to
use land and land-attached assets of land users.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. When their land is recovered 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovered 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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ Determination of the
areas and locations of land to be recovered 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 recovered
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovered 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovered
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 recovered 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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovery, 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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovery 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
RECOVERY, LAND REQUISITION, COMPENSATION, SUPPORT AND RESETTLEMENT
Section
1. LAND RECOVERY AND LAND REQUISITION
Article
61. Land recovery 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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovery for socio-economic development in the national or public
interest
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Implementation of
projects of national importance which are approved in principle by the National
Assembly for which land must be recovered.
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 recovered, 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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovery for national defense or security purpose; for
socio-economic development in the national or public interest
Land recovery 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 recovery 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 recovery due to violations of land law
1. Cases of land recovery
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovery 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. Cases of land recovery
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 recovery
prescribed in Clause 1 of this Article must be based on the following:
a/ For the case of land
recovery prescribed at Point a, Clause 1 of this Article, the document of a
competent agency which has taken legal effect;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ For the case of land
recovery 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
recovery prescribed at Point d, Clause 1 of this Article, the decision on land
allocation or land lease;
e/ For the case of land
recovery 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 recovery 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 recovery in the following cases:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovered area, the
provincial-level People’s Committee shall decide on the land recovery or
authorize district-level People’s Committees to decide on the land recovery.
Article
67. Notification of land recovery and compliance with decisions on land
recovery for national defense or security purpose; or for socio-economic
development in the national or public interest
1. Before issuing a
decision on land recovery, 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 recovery. The
contents to be notified include land recovery, investigation, survey,
measurement and inventory plans.
2. In case land users
whose land is recovered agree on the land recovery plan prior to the time limit
prescribed in Clause 1 of this Article, the competent People’s Committee may
decide on land recovery without having to wait until the time limit for the
land recovery notification expires.
3. Land users whose land
is recovered 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 recovery
decisions take effect and plans for compensation, support and resettlement
approved by competent state agencies are publicized, land users whose land is
recovered shall comply with the land recovery decisions.
Article
68. Organizations in charge of compensation and ground clearance; management of
recovered land
1. Organizations in
charge of compensation and ground clearance include public land service
organizations and compensation, support and resettlement councils.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Land recovered 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 recovered 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
recovered 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 recovery 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 recovery, 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 recovery.
The notice of land
recovery must be sent to every land user whose land is recovered, publicized in
the meetings with people in the recovered 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 recovered;
b/ The commune-level
People’s Committee shall coordinate with the organization in charge of
compensation and ground clearance to implement plans for land recovery,
investigation, survey, measurement and inventory;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d/ In case the land users
in the recovered 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 recovered 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 recovered 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 recovered.
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 recovered.
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
recovery.
3. The decision on land
recovery, 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 recovery and a decision on approval of the plans for
compensation, support and resettlement in the same day;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovered 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 recovery 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:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovered;
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The principles of
enforcement of a land recovery decision comply with Clause 1, Article 70 of
this Law.
2. The enforcement of a
land recovery decision is conducted when all the following requirements are
met:
a/ The person whose land
is to be recovered fails to comply with the land recovery 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 recovery 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 recovered;
c/ The decision on
enforcement of the land recovery 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 recovery decision, and organizes the execution of the decision.
4. The order and
procedures for enforcement of land recovery:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
recovery:
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 recovery;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e/ Other related
agencies, organizations and individuals shall coordinate with the enforcement
board in executing the enforcement of land recovery 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovery by the State
1. Land users who meet the
conditions prescribed in Article 75 of this Law upon land recovery 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 recovered 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 recovered land which is decided by the
provincial-level People’s Committee at the time of the recovery decision.
3. The compensation upon
land recovery 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 recovers land for
national defense or security purpose; for socio-economic development in the
national or public interest
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovers
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovers 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
recovery 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 recovery 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 recovery
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 recovery 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
recovered 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
recovered 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovers 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 recovers 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 recovers
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 recovers
land, they shall be compensated for land according to the remaining land use
term.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovers
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 recovery 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
recovered 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 recovery by the State:
a/ Upon land recovery 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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
6. The support upon land
recovery 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
84. Support for vocational training, occupation change and job seeking for households
and individuals upon land recovery 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovered 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
recovered.
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 recovery.
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 recovery 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 recovered 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 recovered 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 recovered and at resettlement areas for at
least 15 days before competent state agencies approve the plan.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. People whose land is
recovered shall be resettled in the same place if the resettlement projects are
developed or conditions for resettlement arrangement exist in the recovered
area. Convenient locations are prioritized for those who hand over the
recovered 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 recovered.
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 recovered 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 recovered 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 recovered are entitled to compensation, support and resettlement to
stabilize their livelihood and production in accordance with the Government’s
regulations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
88. Principles of compensation for damage to assets and damage incurred due to
stopped production and business upon land recovery by the State
1. If land-attached
assets are damaged upon land recovery by the State, lawful owners of those
assets are entitled to compensation.
2. Upon the land recovery
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 recovery 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 recovery
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
recovery 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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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 recovery;
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 recovery, 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 recovery
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 recovery, no compensation
must be made;
b/ For aquatic livestock
which are not due to be harvested at the time of land recovery, 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 recovery by the State
1. Upon land recovery 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article
92. Cases ineligible for compensation for land-attached assets upon land
recovery by the State
1. Land-attached assets
falling into any of the cases of land recovery 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 recovery 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 recovery by a competent state agency takes effect,
agencies and organizations in charge of compensation shall pay compensation and
support to people whose land is recovered.
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 recovered 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 recovered 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 recovery 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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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;
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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, t