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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No.
04/2000/ND-CP
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Hanoi,
February 11, 2000
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DECREE
ON ENFORCEMENT OF THE LAW AMENDING AND SUPPLEMENTING A
NUMBER OF ARTICLES OF THE LAND LAW
THE GOVERNMENT
Pursuant to the Law on
Organization of the Government of September 30, 1992;
Pursuant to the Land Law of July 14, 1993 and the Law amending and
supplementing a number of articles of the Land Law of December 2, 1998;
At the proposal of the General Director of the Land Administration,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation.
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Article 2.-
The competence to lease land.
1. The agencies competent to
assign land as defined in Clause 3, Articles 23 and 24 of the Land Law shall be
the bodies competent to lease land.
The leasing of land for the
purpose of agricultural production, aquaculture or salt making shall comply
with the provisions in Clause 5, Article 1 of Decree No. 85/1999/ND-CP of
August 28, 1999 of the Government on amendments and supplements to a number of
articles of the Regulation on assignment of agricultural land to family
households and individuals for a stable and long-term use for the purpose of
agricultural production and supplements to the assignment of salt-making land
to family households and individuals for a stable and long-term use (called
Decree No. 85/1999/ND-CP of the Government for short); the leasing of land for
the forestry purpose shall comply with the provisions in Article 16 of Decree
No. 163/1999/ND-CP of November 16,1999 of the Government on allotment and lease
of forestry land to organizations, family households and individuals for a
stable and long-term use for the forestry purpose (called Decree No.
163/1999/ND-CP of the Government for short).
2. The procedures for leasing
land for project execution shall comply with the procedures for land assignment
defined in Articles 19 and 20 of this Decree.
Article 3.-
Granting land use right certificates
1. Organizations, family
households and individuals using land and having one of the papers prescribed
in Clause 2, Article 3 of Decree No.17/1999/ND-CP of March 29, 1999 of the
Government on procedures for transfer, assignment, lease, sublease, inheritance
of the land use right as well as mortgage of and capital contribution with, the
land use right value (called Decree No.17/1999/ND-CP of the Government for
short), shall be granted land use right certificates.
Where organizations, family
households and/or individuals use the land stated in this Clause and such land
lies in the construction planning already ratified by the competent State
body(ies) while there have been no decisions to recover such land for the
execution of such planning, they shall still be granted the land use right
certificates but have to strictly observe the regulations on construction. When
the State recovers such land for the execution of the construction planning,
the organizations, family households and/or individuals shall have to abide by
the decisions of the competent State body(ies) on the land recovery and shall
be compensated for damage in terms of land and properties affixed thereto
according to the provisions of law.
2. Organizations, family
households and/or individuals using land without any papers defined in Clause 1
of this Article but with the certification by the commune-level People’s
Committees that there have been no disputes over such land, shall be considered
for the granting of the land use right certificates.
Where organizations, family
households and/or individuals use the land without any papers defined in this
Clause while such land is covered by the construction planning already ratified
by the competent State body(ies), they shall not be granted the land use right
certificates.
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a) Organizations that use land;
b) Family households and
individuals using assorted land in urban areas of cities and provincial towns
and residential land as well as special-use land in district towns;
c) Churches, pagodas, religious
shrines;
d) Population community using
land with such works thereon as communal houses, temples, shrines, small
pagodas, worship halls, ancestral worship houses in urban areas.
4. The district-level People�s Committees shall grant the
land use right certificates to the following subjects:
a) Family households and
individuals using land for the purpose of agricultural production, forestry,
aquaculture or salt making in rural areas and district towns;
b) Family households and
individuals using residential land and/or special-use land in rural areas;
c) Population community using
land with such works thereon as communal houses, temples, shrines, small
pagodas, worship halls, ancestral worship houses in rural areas.
Article 4.-
Land used for public purpose.
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2. Land used for the
construction of other public works shall include land used for the construction
of power plants, transformer stations, hydro-electric power plant reservoirs,
communications lines, power transmission lines, petroleum pipelines, gas
pipelines, hydro-meteorological stations, observation posts in service of
research and public services, water works, railway stations, car terminals,
ferries, national gardens, sanitaria, disadvantaged children centers, sport and
physical training establishments, handicapped children�s functional rehabilitation establishments,
vocational training centers, cultural projects, statues, memorial monuments,
clubs, theatres, museums, exhibition houses, cinemas, circuses, drug
rehabilitation centers, reformatories, human dignity restoration
establishments, cemeteries, grave-yards, waste treatment areas, garbage yards.
Article 5.-
Duration of land assignment or land lease, duration for use of land received
through the land use right transfer.
1. The duration of land
assignment or land lease:
a) The duration of land
assignment or land lease to family households and individuals for growing
annual or perennial trees, aquaculture or salt making shall comply with the
provisions in Clauses 3 and 5, Article 1 of Decree No. 85/1999/ND-CP of the
Government;
The duration of land assignment
or land lease to organizations, family households and individuals for forestry
purpose shall comply with the provisions in Article 14 of Decree No.
163/1999/ND-CP of the Government.
b) The duration of land
assignment for family households and individuals for construction of dwelling
houses shall be stable and long-termed, and the State shall recover such land
in circumstances defined in Articles 26 and 27 of the Land Law;
c) The duration of land
assignment to economic organizations to create capital for construction of
infrastructure under projects shall be stable and long- termed; the State shall
recover such land only in circumstances defined in Articles 26 and 27 of the
Land Law;
d) The duration of land
assignment to economic organizations for construction of infrastructure for
transferring or leasing the right to use the land associated with such
infrastructure shall comply with the duration of the projects already ratified
by the competent State body(ies), but shall not exceed 50 years. For projects
which require longer land use duration, it shall be decided by the Prime
Minister, but shall not exceed 70 years; after such duration, if organizations
still have the demand to continue the use of such land, they shall have to fill
in the procedures for decision by the competent State body(ies).
2. The duration for use of
transferred land is stipulated as follows:
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b) Where economic organizations,
family households and/or individuals are transferred the right to use land of
the type with the prescribed use duration and do not change the land use
purpose, the land use duration shall be the remainder of the prescribed use
duration. After such duration, if the organizations, family households and/or
individuals still have the demand to continue using the land, they shall have
to fill in the procedures for decision by the competent State body(ies);
c) Where economic organizations,
family households and/or individuals are transferred the right to use
agricultural land and/or forestry land and at the same time change the land use
purpose with the permission of the competent State body(ies), the land use
duration shall be calculated according to the duration of the projects already
ratified or approved by the competent State body(ies) but shall not exceed 50
years. Particularly for family households and individuals that are transferred
the right to use agricultural land and/or forestry land and permitted by the
competent State body(ies) to change such land into the residential land, the
land use duration shall be stable and long-termed.
Article 6.-
Residential land of family households and individuals
1. Residential land of family
households and individuals is the land used for construction of dwelling houses
and works in service of daily life such as kitchens, yards, water wells, bath
rooms, toilets, animal stables, poultry coops, storehouses, animal feeds
depots, fuel stores, garages.
2. Limits of land assigned to
family households or individuals for house construction.
a) Limits of land assigned to
family households or individuals for construction of houses in rural areas.
Depending on the local land
fund, the provincial-level People’s Committees shall decide the limit of land
assigned to each family household or each individual for house construction
according to the following regulations:
- It shall not exceed 300 m2,
for delta communes;
- It shall not exceed 400 m2,
for midland, mountainous and island communes;
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b) The limits of land assigned to
family households and individuals for construction of houses in urban areas
shall be determined according to investment projects on construction of
dwelling houses for sale or lease, which have been approved by the competent
State body(ies).
Where there are not enough
conditions for land assignment according to projects, the provincial-level
People’s Committees shall base themselves on their local land funds to
determine the limits of land assigned to each family household, each
individuals for building their dwelling houses in strict accordance with the
urban planning and the designing norm and criteria for urban construction.
3. The land assignment limits
defined in Clause 2 of this Article shall apply only to cases of new land
assignment for construction of dwelling houses, not to cases of using
residential land before this Decree takes implementation effect.
Article 7.-
Subjects entitled to land assignment without collection of land use levy.
1. Organizations assigned land
by the State without collection of land use levy shall include:
a) Organizations which are
assigned forest land and land for planting headwater protection forests,
forests against wind, sand storms, sea tide encroachment or for ecological
environment protection; organizations assigned by the State to manage national
gardens, nature preservation forests or cultural-historical-environmental
forests;
b) State enterprises which are
using land assigned by the State before January 1st, 1999 for agricultural and
forestry production, aquaculture or salt making;
c) State bodies, political
organizations, socio-political organizations, people’s armed forces units,
which have used land for construction of working offices, for military or
security purposes, for construction of economic, cultural, social, scientific
and technical or diplomatic projects of branches and non-business sectors;
organizations assigned to manage land where exist classified historical or
cultural relics;
d) Organizations using land for
public purposes defined in Article 4 of this Decree.
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3. Religious organizations using
land.
Article 8.-
Subjects entitled to land assignment with the collection of land use levy.
1. Family households and
individuals assigned land by the State for house construction.
2. Economic organizations
investing in the construction of dwelling houses for sale or lease.
3. Economic organizations
investing in the construction of infrastructure for transfer or lease of the
right to use the land where such infrastructure is affixed to.
4. Economic organizations
assigned land with the collection of land use levy in order to create capital
for construction of infrastructure under projects decided by the Prime
Minister.
Article 9.-
Subjects entitled to land lease by the State
1. Family households and
individuals that have the demand to use land for production and business
activities.
2. Family households which use
agricultural land beyond the limits prescribed at Point 1, Clause 5, Article 1
of the Law amending and supplementing a number of articles of the Land Law.
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4. Economic organizations which
invest in the construction of infrastructure for transfer or lease of the right
to use land where such infrastructure is affixed to in industrial parks, export
processing zones or high-tech parks.
Article
10.- Exemption or reduction of land use levy or land rent.
1. The land users shall be
exempt from land use levy in the following cases:
a) Using land for the construction
of gratitude houses;
b) Using land for the
construction of condominiums for sale or lease; the construction of boarding
schools;
c) Using land in island, border,
highland, deep-lying or remote areas for the construction of dwelling houses;
d) Using land for construction
of dwelling houses in case of evacuation and relocation due to natural
calamity;
e) Persons who are using garden
land and/or ponds and are permitted by the competent State bodies to convert
such land into residential land within the land allotment limits and in
conformity with the zonings.
2. Persons with meritorious
services to the revolution shall be entitled to land use levy exemption or
reduction under the Prime Minister’s decisions.
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a) Organizations, family
households and/or individuals that lease land and are hit by natural calamities
or fires which affect their production and/or business activities;
b) Organizations, family
households and/or individuals that lease land for execution of projects in the
domains where investment is encouraged according to the provisions of
legislation on promotion of domestic investment or lease land for investment in
reclaimation of unused land and/or bare hills.
4. Enterprises with factories
and/or workshops lying in inner areas of cities or provincial towns which are
relocated into industrial zones under the planning shall be entitled to land
use levy and/or land rent exemption or reduction.
Article
11.- Management and use of unreclaimed land, unused land.
For dug soil tubs, dead-end
rivers, canals, ditches, dikes, dams, unused roads, riverside or seaside
alluvium soils, unreclaimed land and/or unused land in communes, wards and/or
district towns, the commune-level People’s Committees shall have to manage such
land areas.
The competence to assign and
lease land and the time limits for using such land for the production and/or
business purposes shall comply with the provisions in Articles 20, 23 and 24 of
the Land Law and Articles 2 and 5 of this Decree.
Chapter II
RIGHTS AND OBLIGATIONS
OF ORGANIZATIONS, FAMILY HOUSEHOLDS AND INDIVIDUALS, ASSIGNED LAND BY THE STATE
WITHOUT COLLECTION OF LAND USE LEVY
Section 1.
FOR ORGANIZATIONS
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1. The organizations assigned
land by the State shall enjoy the rights prescribed in Clauses 1, 2, 4, 5, 6
and 8 of Article 73 of the Land Law. For economic organizations using land
defined at Point d, Clause 1, Article 7 of this Decree, they shall also enjoy
the right to mortgage their own properties associated with the land use right
for capital borrowing according to the provisions of law.
2. For State enterprises using
agricultural, forestry, aquaculture or salt-making land assigned by the State
before January 1st, 1999, in addition to the rights prescribed in Clause 1 of
this Article, they shall be entitled to enjoy the right to mortgage their own
properties associated with the right to use such land at Vietnamese credit
institutions to borrow capital for their production and/or business activities;
to contribute capital with the land use right value for production and/or
business cooperation with domestic and/or foreign organizations or individuals
for the continued use for agricultural, forestry, aquaculture or salt-making
purposes as well as the expansion of the processing industry and services in
order to develop production.
Article
13.- Obligations of organizations assigned land by the State without
collection of land use levy.
1. Organizations assigned land
by the State without collection of land use levy shall have the obligations
prescribed in Clauses 1, 2, 3, 4, 6 and 7 of Article 79 of the Land Law.
2. Organizations using land for
public purposes, organizations assigned agricultural, forestry, aquaculture or
salt-making land by the State before January 1st, 1999, when permitted by the
competent State body(ies) to use such land for other purposes, shall have to rent
such land or be assigned the land with collection of land use levy.
Section 2.
FOR FAMILY HOUSEHOLDS AND INDIVIDUALS
Article
14.- Rights of family households and individuals, assigned land by the
State without collection of land use levy.
Family households and
individuals, that are assigned land by the State without collection of land use
levy, shall have the rights prescribed in Clauses 1, 2, 4, 5, 6 and 8 of
Article 73 of the Land Law, the rights to exchange, transfer, lease, sublease,
bequeath or mortgage the land use right under the provisions of land
legislation. Besides, they shall also have the right to contribute capital with
the land use right value during the land assignment duration for production
and/or business cooperation with domestic organizations and/or individuals.
Where the land use right value is contributed as capital for production and/or
business cooperation with domestic organizations and/or individuals to develop
the processing industry and/or services, the permission of the provincial-level
People’s Committee is required and the land lease shall apply.
Article
15.- Obligations of family households and individuals, assigned land by the
State without collection of land use levy.
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Chapter
III
RIGHTS AND OBLIGATIONS
OF ECONOMIC ORGANIZATIONS ASSIGNED LAND BY THE STATE WITH COLLECTION OF LAND
USE LEVY
Article
16.- Rights of economic organizations assigned land by the State with
collection of land use levy.
Economic organizations assigned
land by the State with collection of land use levy shall have the rights
prescribed in Clauses 1, 2, 4, 5, 6 and 8 of Article 73 of the Land Law besides
the following rights:
1. To transfer the right to use
land on which architectural works and/or infrastructures have been built;
2. To lease the right to use
land on which architectural works and/or infrastructures have been built;
3. To mortgage the land use
right value at Vietnamese credit institutions in order to borrow capital for
production and/or business activities under the provisions of law;
4. To contribute capital with
the land use right value together with their properties affixed to such land
for production and/or business cooperation with domestic and/or foreign
organizations and individuals under the provisions of law.
Article
17.- Obligations of economic organizations assigned land by the State with
collection of land use levy.
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1. To strictly abide by the law
provisions on investment and construction management.
2. To return land to the State
upon the expiry of the land use duration.
Chapter IV
ASSIGNMENT OF LAND FOR
INVESTMENT IN THE CONSTRUCTION OF DWELLING HOUSES FOR SALE OR LEASE IN ORDER TO
CREATE CAPITAL FOR INFRASTRUCTURE CONSTRUCTION
Section 1.
ASSIGNMENT OF LAND FOR INVESTMENT IN THE CONSTRUCTION OF DWELLING HOUSES FOR
SALE OR LEASE
Article
18.- Planning and plans on the use of land for construction of dwelling
houses.
Land used for investment in the
construction of dwelling houses for sale or lease must be included in the
planning for development of population quarters or urban centers, already
ratified by the competent State body (ies).
Article
19.- Compilation of dossiers applying for land assignment, the order of
considering and approving dossiers applying for land assignment.
1. A dossier of application for
land assignment shall include:
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b) The decision of the competent
State body approving the project for investment in the construction of dwelling
houses for sale or lease;
c) The plan for ground clearance
compensation;
d) The extracted cadastral map
or cadastral measurement of the land plot or the map of the land plot with
clear determination of the boundaries and acreage of the land plot, certified
by the provincial/municipal Land Administration Service or Land-House
Administration Service of the locality where the land plot is located.
The dossier of application for
land assignment shall be made in two sets for cases falling under the
land-assigning competence of the provincial-level People’s Committee, or four
sets for cases falling under the land-assigning competence of the Government
and sent to the provincial/municipal Land Administration Service or Land-House
Administration Service of the locality where the land plot is located.
2. The order of considering and
approving dossiers of application for land assignment:
a) Within 20 days after the full
receipt of valid dossiers prescribed in Clause 1 of this Article, the
provincial/municipal Land Administration or Land-House Administration Service
shall have to complete the following:
- Organizing the on-spot
inspection and verification, making a record on examination of the dossiers of
application for land assignment;
- Making a report and submitting
the dossiers of application for land assignment to the provincial-level Peoples
Committee for consideration and decision.
b) Within 10 days after the full
receipt of valid dossiers submitted by the provincial/ municipal Land
Administration or Land-House Administration Service, the provincial-level
People’s Committee shall decide the land assignment for cases falling under its
jurisdiction or make a report to be submitted to the Prime Minister and send
two sets of dossiers of application for land assignment to the General Land
Administration for cases falling under the Government’s jurisdiction to assign
land.
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Article
20.- Organizing the execution of decisions on land assignment.
The organization of execution of
decisions on land assignment is stipulated as follows:
1. After obtaining the land
assignment decisions of the competent State bodies, the economic organizations
to be assigned land shall have to compensate for damage caused to persons whose
land are recovered according to the compensation plan approved by the competent
State bodies and pay the land use levy according to the provisions of law;
2. The district-level People’s
Committees shall have to organize the damage compensation and proceed with the
ground clearance within their respective localities;
3. The provincial/municipal Land
Administration Services or Land-House Administration Services shall assume the
prime responsibility and coordinate with the commune Land Administration
Bureaus and People�s
Committees in organizing the hand-over of the boundary markers of the land plot
on the field according to the competent State bodies’ decisions to assign land
to the economic organizations.
Article
21.- Transfer of the right to use residential land to which infrastructures
are affixed.
The transfer of the right to use
residential land to which infrastructures are affixed shall comply with the
provisions in Articles 13 and 14 of Decree No. 17/1999/ND-CP of March 29,1999
of the Government. The transferees shall be granted the land use right
certificates by the State.
Section 2.
LAND ASSIGNMENT TO CREATE CAPITAL FOR CONSTRUCTION OF INFRASTRUCTURES UNDER
PROJECTS
Article
22.- Elaborating and submitting for approval projects on land fund use for
creation of capital for infrastructure construction.
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1. Lists of projects entitled to
use land funds for creation of capital for infrastructure construction.
2. Plans for use of land funds
to create infrastructure construction capital.
Article
23.- Order of implementing projects on the use of land funds for creation
of infrastructure construction capital.
1. The provincial-level People’s
Committees have the responsibility:
a) To direct the elaboration and
submission of infrastructure construction projects allowed for implementation
by the Prime Minister to the competent authorities for approval;
b) To organize bidding in order
to select investors for implementation of projects if more than one units participate
therein. Where only one unit applies for the project implementation, the
contractor shall be appointed;
c) To assign land or propose the
Government to assign land for construction of infrastructure works according to
competence prescribed in Article 23 of the Land Law;
d) To organize the
pre-acceptance tests and determine the value of investment in the construction
of infrastructure works according to the provisions of law;
e) To determine the value of the
land plot to be returned to the investors who have invested capital in
infrastructure construction according to the provisions of law;
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2. The money collected from land
assignment and the money for project construction must be fully accounted into
the State budget according to legislation on budget.
Article
24.- Rights and obligations of economic organizations assigned land by the
State for creation of infrastructure construction capital.
1. Economic organizations assigned
land by the State for creation of infrastructure construction capital shall
have the rights prescribed in Article 16 of this Decree.
2. Economic organizations
assigned land by the State for creation of infrastructure construction capital
shall have the obligations prescribed in Article 79 of the Land Law, besides
the obligation to strictly abide by the regulations on construction of projects
already approved by competent authorities.
Chapter V
SETTLING CASES OF BEING
ASSIGNED OR LEASED LAND BY THE STATE, BEING TRANSFERRED THE LAND USE RIGHT
Article
25.- Rights and obligations of family households and individuals using
special-use land.
Family households and
individuals using special-use land which is not leased by the State shall be
entitled to stable and long-term land use duration and have the rights and
obligations like the family households and individuals that are assigned land
by the State with collection of land use levy.
Article
26.- Family households and individuals that change the purposes of using
agricultural, forestry, aquaculture or salt-making land.
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Article
27.- Economic organizations being transferred the land use right.
1. Economic organizations which
are transferred the right to use residential land or special-use land lawfully
from other persons with the money paid for such transfer having not originated
from the State budget shall be entitled to the stable and long-term land use
and shall not have to lease such land.
2. Economic organizations which
are transferred the right to use agricultural or forestry land together with
the use purpose change permitted by the competent State body(ies) and with
money paid for such transfer and change of land use purposes having not
originated from the State budget, shall not have to lease such land and the
land use duration shall be calculated according to the duration of projects
approved by the competent State body(ies) but shall not exceed 50 years.
3. Economic organizations using
land defined in Clauses 1 and 2 of this Article and economic organizations
assigned land by the State with the collection of land use levy shall not have
to lease land when they contribute capital with the land use right value to
joint ventures with foreign organizations and/or individuals.
Article
28.- State enterprises based land to contribute capital to joint ventures
with foreign countries
1. State enterprises leased land
by the State may use the land rent value to contribute capital to joint
ventures with foreign countries.
The land rent value is
considered the State budget capital allocated to the enterprises which shall
neither have to acknowledge the debts nor refund the land rent but shall have
to pay property tax according to the provisions of law.
2. The Ministry of Finance and
the General Land Administration shall guide in details the capital increase
entry provided for in Clause 1 of this Article for the enterprises.
Article
29.- Organizations which have been assigned land by the State or have been
transferred the land use right and the paid land rent as well as transfer
charges have originated from the State budget.
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Article
30.- Organizations and individuals subleasing land in export processing
zones, industrial parks or high-tech parks.
1. Organizations and individuals
sub-leased land in export processing zones, industrial parks or high-tech parks
shall be granted the land use right certificates. For the land areas with the
land use right certificates being already granted to the organization and
individual sublessees, the provincial/municipal Land Administration Services or
Land-House Administration Services shall have to make appropriate adjustments
on the land use right certificates already granted to organizations dealing in
infrastructures.
2. The term of subleasing land
in export processing zones, industrial parks or high-tech parks shall conform
to the duration of the investment projects already approved by the competent
State bodies.
3. The organizations and/or
individuals that sublease land and have paid the rents for the whole subleasing
term or paid the rents in advance for many years and whose paid subleasing term
remains for at least five years shall have the rights:
a) To mortgage the value of the
right to use the subleased land and their own properties affixed to such
subleased land at Vietnamese credit institutions;
b) To transfer the right to use
the subleased land and their own properties affixed thereto during the land
subleasing term;
c) To contribute capital with
the value of the right to use the subleased land for joint venture cooperation
with domestic and/or foreign organizations and/or individuals according to the
provisions of law;
d) In addition to the rights
prescribed at Points a, b and c of this Clause, the individual sublessees of
land in export-processing zones, industrial parks or high-tech parks may
bequeath the land use right during the land subleasing term.
4. Organizations and individuals
sub-leased land in export-processing zones, industrial parks or high-tech parks
and having paid their land rent annually shall only enjoy the right to transfer
and mortgage their own properties associated to the subleased land use right.
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IMPLEMENTATION PROVISIONS
Article
31.- Responsibilities of the ministries, the ministerial-level agencies,
the agencies attached to the Government, the People’s Committees at all levels
and the land users.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the Government,
the presidents of the People’s Committees at all levels and the land users
shall have to implement this Decree.
Article
32.- Implementation effect
This Decree takes effect 15 days
after its signing. The previous regulations contrary to this Decree shall all
be annulled.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Phan Van Khai