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THE GOVERNMENT
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SOCIALIST REPUBLIC
OF VIET NAM
Independence - Freedom – Happiness
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No. 181/2004/ND-CP
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Hanoi, October 29,
2004
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DECREE
ON
THE IMPLEMENTATION OF THE LAND LAW
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the November 26, 2003 Land Law;
At the proposal of the Minister of Natural Resources and Environment,
DECREES:
Chapter I
GENERAL
PROVISIONS
Article 1.- Scope of
regulation and subjects of application
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2. The prescription of land price-determining
methods, price brackets for assorted land categories; land use levy and land
rent collection; compensation, support, resettlement when the State recovers
land for use for defense or security purposes, for national interests, public
interests, economic development; land inspection; sanctioning of administrative
violations in the field of land shall comply with the provisions of other
decrees of the Government.
3. Subjects of application of this Decree
shall include:
a) State agencies, which exercise the powers
and perform the responsibilities of representatives of the entire-people owners
of land, perform the task of uniform State management over land;
b) Land users, as provided for in Article 9
of the Land Law;
c) Other subjects involved in land management
and use.
Article 2.- Persons
answerable to the State for the use of land
The persons answerable to the State for the
use of land are stipulated as follows:
1. The Heads of Vietnamese organizations,
foreign organizations are the persons answerable to the State for the use of
land by their respective organizations.
2. The Presidents of the People's Committees
of communes, wards, district townships are answerable to the State for the use
of agricultural land for public-utility purposes; non-agricultural land
assigned to the commune, ward or township People's Committees for use for the
purpose of constructing the offices of the People's Committees as well as
public works in service of cultural, educational, medical, physical exercise,
sport, entertainment or recreation activities, market places, cemeteries,
graveyards or other public works of the localities.
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4. The Heads of religious establishments are
the persons answerable to the State for the use of land assigned to their
religious establishments.
5. Household masters are the persons
answerable to the State for the use of land by their households.
6. Vietnamese individuals, overseas
Vietnamese, foreign individuals are answerable to the State for their land use.
7. The representatives of land users who
share the land use rights over their common land plots are the persons
answerable to the State for the use of such land.
Article 3.- Persons
answerable to the State for land assigned for management
1. The Heads of organizations are answerable
to the State for land management in the following cases:
a) Organizations are assigned to manage
public works defined in Clause 3, Article 91 of this Decree;
b) Economic organizations are assigned to
manage land areas for execution of investment projects in form of build-
transfer (BT) under the provisions of Clause 1, Article 87 of this Decree;
c) Organizations are assigned to manage land
with surface water of big rivers and land with special-use water surface;
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2. The Presidents of the People's Committees
of communes, wards or townships are answerable to the State for the management
of assigned land used for public purposes, land recovered in rural areas for
cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Article 38
of the Land Law, land not yet assigned and land not yet leased in the
localities.
3. The provincial/municipal People's
Committee presidents are answerable to the State for the management of unused
land in uninhabited islands of the localities.
4. The representatives of population
communities are answerable to the State for forestry land assigned to the
population communities for forest protection and development according to the
provisions of the Law on Forest Protection and Development.
Article 4.-
Guarantees for land users
1. The State shall not recognize land reclaim
and shall not consider and settle complaints for reclaim of land already
assigned by the State to other persons for use under land policies before
October 15, 1993 in the following cases:
a) Land was confiscated, requisitioned or
compulsorily purchased upon the implementation of land reforms in the North;
the policy of completely abolishing the vestiges of land possession and forms
of colonial and feudal exploitation in the South;
b) Land was donated or presented to the
State, cooperatives or other organizations, to households, individuals;
c) Land was contributed to agricultural
cooperatives under the provisions of high-grade agricultural cooperatives'
statutes;
d) Inhabited land was assigned by the State
to other persons for use as residential land; residential land and garden land
was returned to cooperatives before leaving for virgin land reclamation; land
was recovered for assignment to other persons or readjusted to other persons
upon the settlement of land disputes;
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2. The settlement of land-related complaints
and disputes must be based on the land legislation at the time when the land
relations arose, leading to complaints or disputes, which include the following
land-related documents:
a) The Land Reform Law promulgated on
December 4, 1953 of the Democratic Republic of Vietnam;
b) Circular No. 73/TTg of July 7, 1962 of the
Prime Minister of the Democratic Republic of Vietnam on the management of
private land, which was leased, left ownerless, left unused in inner cities,
towns;
c) The high-grade agricultural cooperatives'
statute promulgated on May 1, 1969;
d) Resolution No. 125/CP of June 28, 1971 of
the Government Council of the Democratic Republic of Vietnam on enhancement of
land management;
e) Decree No. 47/CP of March 15, 1972 of the
Government Council of the Democratic Republic of Vietnam promulgating the
Provisional Regulation on selection of project locations and management of
construction land;
f) Resolution No. 28/CP of December 16, 1973
of the Government Council of the Democratic Republic of Vietnam on population
relocation for river-bed clearance;
g) Decision No. 129/CP of May 25, 1974 of the
Government Council of the Democratic Republic of Vietnam promulgating policies
towards cooperatives which expand areas for agricultural or forestry
development in midland and mountainous areas;
h) Decree No. 01/ND/75 of March 5, 1975 of
the Provisional Revolutionary Government of the Republic of South Vietnam on
land policies;
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j) Decision No. 188/CP of September 25, 1976
of the Government Council of the Socialist Republic of Vietnam on the policy of
absolutely abolishing the vestiges of land possession and forms of colonial and
feudal exploitation in the South;
k) Decision No. 318/CP of December 14, 1978
of the Government Council of the Socialist Republic of Vietnam on abolishing
the forms of capitalist exploitation in terms of land and promoting the land
adjustment in rural areas in the South;
l) Decision No. 201/CP of July 1, 1980 of the
Government Council of the Socialist Republic of Vietnam on the uniform
management of land and enhancement of land management nationwide;
m) The 1987 Land Law and Decree No. 30/HDBT
of March 23, 1989 of the Council of Ministers on the implementation of the 1987
Land Law;
n) Decision No. 13/HDBT of February 1, 1989
of the Council of Ministers of the Socialist Republic of Vietnam on settlement
of a number of urgent issues on land.
3. The settlement of residential land,
non-agricultural production and business land with constructions thereon under
the State's management, which have been arranged for use in the process of
implementing policies on house and land management and policies on socialist
transformation before July 1, 1991 shall comply with the provisions of
Resolution No. 23/2003/QH11 of November 26, 2003 of the National Assembly and
legal documents guiding the implementation of this Resolution.
Article 5.- Funding
for State management over land
1. The State budget ensures funding for
activities of State management over land and investment in cadastral
non-business activities (including land survey, measurement, cadastral mapping;
land evaluation and categorization; land use planning and plan elaboration,
appraisal, publicization and adjustment; cadastral dossier compilation, land
use right certificate granting; land statistics and inventory and other
cadastral non-business activities) under law provisions.
2. The Ministry of Natural Resources and
Environment shall assume the prime responsibility for, and coordinate with the
concerned ministries and agencies in, formulating regimes, standards,
techno-economic norms for cadastral non-business activities for use as basis
for allocation and management of funding.
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Article 6.- Land
categorization
1. Land categories, land use purposes of each
land plot shall be determined on one of the following grounds:
a) Decisions on land assignment, land lease,
land use purpose change permission, issued by competent State agencies;
b) Land use right certificates already granted
to current land users with their land use rights recognized by the State;
c) Registration of land use purpose changes
suitable to land use plannings, plans, for cases requiring no permission for
land use purpose change;
d) Land being stably used in conformity with
land use plannings already approved by competent State agencies;
e) For cases where the grounds prescribed at
Points a, b, c and d of this Clause are not available, the People's Committees
of rural districts, urban districts, provincial capitals or towns shall base
themselves on the stable land use situation to determine land categories and
land use purposes.
2. Apart from the principal land use purposes
determined under the provisions of Clause 1 of this Article, land users may use
land for other combined purposes without affecting the principal use purposes
and without contravening the law provisions on land.
3. Land is categorized into the following
groups:
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b) Non-agricultural land group;
c) Unused land group.
4. The agricultural land group is divided
into the following subgroups:
a) Agricultural production land, including
land under annual crops, land under perennial trees. The land under annual
crops includes rice-cultivated land; pasture land for cattle rearing, land for
other annual crops;
b) Forestry land, including production forest
land, protective forest land, special-use forest land;
c) Aquaculture land;
d) Salt-making land;
e) Other agricultural land.
Other agricultural land means rural land used
for construction of greenhouses and houses of other types in service of
cultivation, including forms of cultivation not directly on land; construction
of sheds, stables and farms for rearing of cattle, poultry and other animals
permitted by law; construction of agricultural, forestry, salt-making or
aquaculture research or experiment stations or farms, construction of plant
nurseries or animal breeding establishments; construction of storehouses,
houses of households or individuals to store agricultural products, plant
protection drugs, fertilizers, farm machinery and tools.
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a) Residential land, including rural
residential land and urban residential land;
b) Special-use land, including land for
construction of working offices, non-business works; land used for defense or
security purposes; non-agricultural production, business land; land used for
public purposes.
Land used for public purposes means land used
for the purposes of building traffic works, bridges, sluices, pavements,
waterway ports, ferries, car terminals, car parks, railways stations, airports;
water supply system, water drainage system, system of irrigation works, dykes,
dams; electricity transmission line system, communication network system;
petrol, oil or gas pipe systems; land used for construction of crốches,
schools, hospitals, market places, parks, flower gardens, children's
playgrounds, public squares, stadiums, sanatoria, elderly and disadvantaged
children-homes, physical training-sport establishments, cultural works, commune
cultural-postal spots, monuments, memorials, funeral houses, clubs, theatres,
museums, exhibition centers, cinemas, circus theatres, functional
rehabilitation establishments for the disabled, job-training establishments,
drug detoxication establishments, reformatories, dignity rehabilitation camps;
land with historical-cultural relics, scenic places, which have been classified
or protected under decisions of provincial/municipal People's Committees; waste
dumping sites, garbage sites, waste-treating zones;
c) Land with rivers, arroyos, canals,
ditches, streams and special-use water surface;
d) Religious, belief land, including land
used by religious establishments; land with constructions being communal
houses, temples, shrines, small pagodas, worship halls, ancestral worship
houses;
e) Land for cemeteries, graveyards;
f) Other non-agricultural land.
Other non-agricultural land means land where
exist worshipping works, museums, conservatories, art work display houses,
cultural and artistic creation establishments and other private works
constructed not for business purposes and not affixed to residential land; land
for construction of rest houses, hut, makeshifts for laborers; urban land used
for construction of glasshouses and other types of houses in service of
cultivation including forms of cultivation not directly on land, construction
of sheds, stables and farms for rearing cattle, poultry and other animals
permitted by law, construction of agricultural, forestry, aquaculture research
and/or experiment stations and/or farms, construction of plant nurseries,
animal breeding establishments, construction of warehouses, houses of
households, individuals for storage of agricultural products, plant protection
drugs, fertilizers, farm machinery and tools.
6. The unused land group is divided into the
following categories:
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b) Unused hilly and mountain land;
c) Rock mountains without forests.
Article 7.-
Determination of land plots
1. Land plots with a single land use purpose
shall be determined in the following cases:
a) The land plots with boundaries determined
in the land use process;
b) The land plots with boundaries determined
when the State assigns land, leases land, recognizes land use rights;
c) The land plots with boundaries determined
when many land plots are consolidated into one (called plot consolidation) or
when a land plot is separated into many plots (called plot separation) for
management requirements or at requests of land users in accordance with
provisions of land legislation.
2. Land plots with many land use purposes
shall be determined in the following cases:
a) Where the boundaries can be determined for
different land use purposes, the land plots shall be determined according to
separate use purposes;
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Chapter II
SYSTEM
OF LAND MANAGEMENT ORGANIZATIONS AND LAND MANAGEMENT AND USE SERVICE
ORGANIZATIONS
Article 8.- Land
management agencies
1. The organizational system of land
management agencies is set up uniformly from the central to grassroots level in
association with natural resource and environment management, with the
following specific organizational apparatus:
a) The central land-State management agency
shall be the Ministry of Natural Resources and Environment;
b) The provincial/municipal land management
agencies shall be the provincial/municipal Services of Natural Resources and
Environment;
c) The land management agencies in rural
districts, urban districts, provincial capitals or towns shall be the
district-level Sections of Natural Resources and Environment.
2. Communes, wards, district townships shall
be staffed with cadastral personnel.
3. The Ministry of Natural Resources and
Environment shall assume the prime responsibility for, and coordinate with the
Ministry of Home Affairs in, guiding in detail the organizational apparatuses
of provincial/municipal Services of Natural Resources and Environment and
district-level Sections of Natural Resources and Environment; guiding the
appointment and dismissal of commune, ward or township cadastral personnel;
prescribing the tasks and criteria of commune, ward or township cadastral
personnel.
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Article 9.- Land use
right registration offices
1. Land use right registration offices are
public-service agencies functioning to register land use and land use-related
evolutions, manage cadastral dossiers and assist the natural resource and
environment officies in carrying out the administrative procedures for land
management and use.
2. The provincial/municipal People's
Committees shall decide on the establishment of land use right registration
offices under the provincial/municipal Services of Natural Resources and
Environment and the setting up of branches of such offices in necessary
localities.
The People's Committees of rural districts,
urban districts, provincial capitals or towns shall base themselves on the
local demands for land use right registration to decide on the setting up of
land use right registration offices under the district-level Sections of
Natural Resources and Environment.
3. The Ministry of Natural Resources and
Environment shall assume the prime responsibility for, and coordinate with the
Ministry of Home Affairs in, guiding the organization and operation of land use
right registration offices.
Article 10.- Land
fund development organizations
1. Land fund development organizations shall
operate in form of non-business units with revenues or State enterprises
performing public-utility tasks, and be established under decisions of
provincial/municipal People's Committees to carry out the compensation and
ground clearance in case of land recovery after the land use plannings or plans
are publicized while investment projects are not yet available; to accept the
transfer of the rights to use land in planned areas where land must be
recovered but the land users wish to move elsewhere before the State decides to
recover the land; to manage the recovered land funds and organize land use
right auctions under decisions of competent State agencies for land areas
assigned for management.
2. The Ministry of Natural Resources and
Environment shall assume the prime responsibility for, and coordinate with the
Ministry of Home Affairs in, guiding the organization and operation of land
fund development organizations.
Article 11.- Land
management and use service organizations
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2. Domains of land management and use
services shall include:
a) Land price consultancy;
b) Land use planning, plan elaboration
consultancy;
c) Cadastral measuring and mapping services;
d) Land information services.
3. Responsibilities for prescribing the
conditions and procedures for licensing, registering land management and use
services are as follows:
a) The Finance Ministry shall prescribe the
conditions and procedures for licensing, registering land price consultancy
activities;
b) The Ministry of Natural Resources and
Environment shall prescribe the conditions for activities, registration of
activities of providing land use planning and plan elaboration consultancy,
land information services; the conditions and procedures for licensing,
registering cadastral measurement and mapping services.
Chapter III
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Article 12.- Contents
of land use plannings
1. Survey, research, analysis, synthesis of
natural, economic and social conditions in the geographical areas where the
plannings are to be executed.
2. Evaluation of the present land use situation
and changes in the preceding planning period based on the use purposes,
including land under wet rice, land under other annual crops, land under
perennial trees; production forest land, protective forest land, special-use
forest land; aquaculture land; salt-making land; other agricultural land; rural
residential land, urban residential land; land for construction of working
offices and non-business works; land used for defense or security purposes;
non-agricultural production and business land; land used for public purposes;
land with rivers, canals, ditches, streams and special-use water surface;
religious and belief land; cemetery and graveyard land; unused delta land,
unused hilly and mountainous land, rock mountains without forests.
3. Evaluation of land potentials and the
present land use's suitability to land potentials, to socio-economic,
scientific-technological development trends according to the following
regulations:
a) For land currently in use, to evaluate the
current use's compatibility and incompatibility with land potentials, with
socio-economic development strategies, overall plannings and plans, the
possibility of the application of scientific and technological advances to land
use;
b) For unused land, to evaluate the
possibility of putting such land in use for various purposes.
4. Evaluation of the achievement of the land
use planning targets already decided and approved in the preceding planning
period.
5. Determination of land use orientations and
objectives in the planning period and orientations for the subsequent period in
conformity with socio-economic development strategies and overall plannings of
the whole country, branches and localities.
6. Formulation of plans on distribution of
areas of assorted land for socio-economic development, defense and security
demands in the planning period, which shall be carried out as follows:
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The zoning off shall be effected for land
areas with acreages reflectible on land use planning
maps;
b) Determination of land areas with unchanged
use purposes; land areas with use purposes to be compulsorily changed,
including land areas expected to be recovered for execution of works, projects.
7. Analysis of economic, social and
environmental efficiency of each land fund-distributing plan according to the
following contents:
a) Analysis of economic efficiency, covering
the projection of revenue sources from land assignment, land lease and land use
purpose change, assorted land-related taxes and expenses for compensations,
ground clearance, resettlement;
b) Analysis of social impacts, covering the
projection of the number of households to be removed, the number of laborers
losing their jobs due to land recovery, the number of jobs to be created from
land use restructuring;
c) Evaluation of environmental impacts of
land use according to new land use purposes of the land fund-distributing
plans.
8. Selection of rational land
fund-distributing plans, based on the results of the economic, social and
environmental efficiency analysis prescribed in Clause 7 of this Article.
9. Presentation of the selected land use
plannings on the land use planning maps.
10. Determination of measures for land use,
protection and improvement as well as environmental protection, which must be
applied to each land category, suitable to the planned areas.
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Article 13.- Contents
of land use plans
1. Evaluation and analysis of results of
implementation of the land use plan of the preceding period, including:
a) Results of achievement of land use targets
for each land category;
b) Results of achievement of targets of
conversion between land categories;
c) Results of virgin land reclamation for
expansion of land areas for various purposes;
d) The quality of the achievement of targets
in the land use plans;
e) The collection of revenues from land
assignment, land lease, land use purpose change, assorted land-related taxes
and expenses for compensations, supports, resettlement;
f) Causes of shortcomings and weaknesses in
the implementation of land use plans.
2. Elaboration of plans for recovery of
assorted land for distribution for infrastructure construction demands;
industrial and service development; development of urban centers, rural
population quarters; defense, security; for works and projects with identified
investors, to make their lists enclosed with land use scale, locations,
projected implementation schedule and land recovery schedule.
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a) Determination of locations, acreages and
schedule for conversion of wet rice land, protective-forest land, special-use
forest land, production-forest land into those used for other purposes;
b) Determination of land areas registered for
restructuring the use of assorted land within the agricultural land group.
4. Elaboration of plans on putting unused
land to use for various purposes, covering the determination of locations,
acreages and reclamation schedule to put unused land to use for agricultural or
non-agricultural purposes.
5. Detailing of the distribution of assorted
land in land use plans by year.
6. Projection of revenue sources from land
assignment, land lease, land use purpose change, assorted land-related taxes
and expenses for compensations, supports, resettlement.
7. Determination of measures for
implementation of land use plans, ensuring the planned schedule.
Article 14.- Contents
of detailed land use plannings, detailed land use plans of communes, wards,
district townships, hi-tech parks, economic zones
1. A detailed land use planning covers the
contents prescribed in Article 12 of this Decree; the selected land use
planning must be reflected on cadastral maps; where the detailed urban construction
planning, rural population quarter construction planning have been already
approved, they must be reflected on the cadastral maps.
2. A detailed land use plan covers the
contents prescribed in Article 13 of this Decree and is associated with the
land plot.
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1. The Ministry of Natural Resources and
Environment shall have the responsibility to assist the Government in
organizing the elaboration of land use plannings and plans of the whole
country.
The ministries, ministerial-level agencies,
Government-attached agencies, the provincial/municipal People's Committees
shall have the responsibility to coordinate with the Ministry of Natural
Resources and Environment in determining their respective land use demands.
2. The Ministry of Defense shall elaborate
plannings, plans on the use of land for defense purposes.
The Ministry of Defense shall have to
coordinate with the provincial/municipal People's Committees in determining the
demands for land use for defense purposes in the localities.
3. The Ministry of Public Security shall
elaborate plannings and plans on the use of land for security purposes.
The Ministry of Public Security shall have to
coordinate with the provincial/municipal People's Committees in determining the
demands for land use for security purposes in the localities.
4. The provincial/municipal People's
Committees shall organize the elaboration of land use plannings and plans of
their respective provinces or centrally run cities. The provincial/municipal
Services of Natural Resources and Environment shall have to assist the People's
Committees of the same level in performing the task of elaborating land use
plannings, plans.
The provincial/municipal Services,
Departments, Sectors and the People's Committees of rural districts, urban
districts, provincial capitals or towns shall have to coordinate with the
provincial/municipal Services of Natural Resources and Environment in
determining the land use demands of branches, localities.
5. The People's Committees of rural
districts, urban districts, provincial capitals or towns shall organize the
elaboration of land use plannings and plans of their respective localities, the
detailed land use plannings and detailed land use plans of wards, townships and
communes in the urban development planning areas. The district-level Sections
of Natural Resources and Environment shall have to assist the People's
Committees of the same level in performing the task of elaborating land use
plannings, plans.
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6. The People's Committees of communes not
covered by the urban development plannings shall have to organize the
elaboration of detailed land use plannings, detailed land use plans of
communes.
7. The hi-tech management boards shall have
to organize the elaboration of detailed land use plannings, detailed land use
plans for their entire hi-tech parks.
8. The economic zone management boards shall
have the responsibility to organize the elaboration of detailed land use
plannings, detailed land use plans for the land areas assigned to the economic
zone management boards, which are determined in the land use plannings of
provinces or centrally run cities; the elaboration of plannings and plans on
the use of the remaining land areas shall be reflected in the land use
plannings, plans of rural districts, urban districts, provincial capitals or
towns and the detailed land use plannings, detailed land use plans of communes,
wards, townships.
9. Agencies and organizations tasked to
elaborate land use plannings, land use plans, detailed land use plannings,
detailed land use plans may hire organizations licensed to operate in the field
of land use planning, plan elaboration to provide consultancy on the
elaboration of land use plannings, plans.
10. Land use plannings, land use plans of
rural districts, urban districts, provincial capitals or towns as well as
detailed land use plannings, detailed land use plans of communes, wards or
townships must not be drawn up if the land use in the subsequent land use
planning period sees no change; in case of land use purpose change between land
categories in the same land group and the acreages of the land subject to use
purpose change being less than ten per cent (10%) as compared with the
preceding planning period, only the decisions on adjustment of land areas
subject to use purpose change are needed.
The detailed land use plannings of hi-tech
parks shall be made once for the entire parks; in case of change in land use
demands, the adjustment of the detailed land use plannings should be drawn up.
Article 16.-
Elaboration and adjustment of the national land use planning
1. The national land use planning shall be
elaborated on the basis of the provisions of Clause 1, Article 22 of the Land
Law.
2. Before the end of the 18-month land use
planning periods, the ministries, ministerial-level agencies,
Government-attached agencies and the provincial/municipal People’s Committees
shall have to send their written proposals on land use demands of their
respective branches or localities in the subsequent land use planning period to
the Ministry of Natural Resources and Environment.
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a) Verifying the land use demands of the
branches and localities in the subsequent land use planning period;
b) Drawing up schemes on distribution of land
funds for the subsequent land use planning period, ensuring the implementation
of the national overall socio-economic development, defense, security strategies
and plannings;
c) Sending the drafts report explaining the
national land use planning to the ministries, ministerial-level agencies and
Government-attached agencies for comments.
4. Within thirty (30) working days counting
from the date of receiving the draft report, the ministries, ministerial-level
agencies and Government-attached agencies shall have to send their written
comments to the Ministry of Natural Resources and Environment.
5. Within two (2) months counting from the
date of receiving the written comments, the Ministry of Natural Resources and
Environment shall have to sum up the opinions and finalize the report
explaining the national land use planning for submission to the Government.
6. The national land use planning dossier
shall comprise:
a) The Natural Resources and Environment
Ministry's report to the Government on the national land use planning;
b) The report explaining the national land
use planning;
c) The current national land use map;
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7. The national land use planning shall be
adjusted in cases where the socio-economic development plannings, the targets
of socio-economic development, defense or security programs or projects, the
regional construction plannings or urban construction plannings are adjusted,
thus altering the land use structure or in cases where natural disasters or
wars occur, thus altering the land use structure. The Ministry of Natural
Resources and Environment shall have to compile dossiers of adjustment of the
national land use planning for submission to the Government. When compiling the
dossiers of adjustment of the land use planning, the Ministry of Natural
Resources and Environment shall gather comments of the ministries,
ministerial-level agencies, Government-attached agencies which are related to
the to be-adjusted land categories. The dossier of adjustment of the national
land use planning shall include:
a) The Natural Resources and Environment
Ministry's report to the Government on the adjustment of the national land use
planning;
b) The report explaining the adjustment of
the national land use planning;
c) The map of the adjustment of the national
land use planning.
Article 17.-
Elaboration and adjustment of national land use plans
1. The national land use plans shall be
formulated on the bases prescribed in Clause 2, Article 22 of the Land Law.
2. The formulation of the national land use
plan for the first five (5) years of a land use planning period (called the
first-period land use plan) shall be carried out simultaneously with the
formulation of the national land use planning prescribed in Article 16 of this
Decree. The dossier of the first-period land use plan shall be compiled
together with the land use planning dossier. The contents of a land use plan
shall be the schedule of materializing the contents of the land use planning
for the first five (5) years of the planning period and detailed by year,
ensuring the implementation of five-year or annual socio-economic development
plans of the State.
3. The formulation of the national land use
plan for the last five (5) years of the land use planning period (called the
last-period land use plan) is stipulated as follows:
a) Before commencing the twelve-month
last-period land use plan, the Ministry of Natural Resources and Environment
shall base itself on the national land use planning and the provisions of
Clause 1 of this Article to formulate the schemes on distribution of land funds
to the last-period land use plan, ensuring the implementation of the five-year
and annual socio-economic development plans of the State and draft the report
explaining the land use plan; send the draft report to the ministries,
ministerial-level agencies and Government-attached agencies for comments;
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c) Within two (2) months as from the date of
receiving the written comments, the Ministry of Natural Resources and
Environment shall have to sum them up and finalize the report explaining the
land use plan for submission to the Government.
4. The last-period land use plan dossier
shall comprise:
a) The Natural Resources and Environment
Ministry's report on the national land use plan;
b) The report explaining the national land
use plan;
c) The current national land use map.
5. The adjustment of the national land use
plan shall be made in cases where appears the adjustment of the national land
use planning, the adjustment of the socio-economic development planning or the
adjustment of the regional construction planning, urban construction planning
or when there appear changes in the possibility of implementation of the land
use plan. The Ministry of Natural Resources and Environment shall have to
compile dossiers on adjustment of the national land use plan for submission to
the Government. When compiling the adjustment dossiers, the Ministry of Natural
Resources and Environment shall gather comments of the ministries,
ministerial-level agencies and Government-attached agencies on the to
be-adjusted land categories. The national land use plan adjustment dossier
shall comprise:
a) The Natural Resources and Environment
Ministry's report to the Government on the adjustment of the national land use
plan;
b) The report explaining the adjustment of
the national land use plan.
Article 18.-
Organizing the gathering of people's comments on detailed land use plannings
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a) The draft detailed land use plannings must
be introduced to every urban population group, village, hamlet and other
population quarters; and at the same time must be posted up at the offices of
the People's Committees of the communes, wards or townships where exists the
land;
b) To organize the receipt of opinions
contributed directly by people or through representatives of population
quarters, Vietnam Fatherland Front and/or local mass organizations; to gather
comments of the Standing Offices of the People's Councils of the communes,
wards or townships where exists the land.
2. The time limit for gathering people's
comments under the provisions of Clause 1 of this Article shall be thirty (30)
days.
3. The agencies which elaborate the detailed
land use plannings of communes, wards or townships shall have to sum up and
accept people's comments for finalization of the draft detailed land use
planning.
Article 19.-
Consideration and approval of provincial/municipal land use plannings, plans
1. The dossiers for consideration and
approval of provincial/municipal land use plannings and plans shall each be
made in fifteen (15) sets to be submitted at the Ministry of Natural Resources
and Environment for appraisal; such a dossier shall comprise:
a) The provincial/municipal People's
Committee's report to the Government for consideration and approval of the land
use planning, plan;
b) The report explaining the land use
planning, plan;
c) The current land use map;
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2. Order of considering and approving land
use plannings, plans is prescribed as follows:
a) Within three (3) working days as from the
date of receiving the complete and valid dossiers, the Ministry of Natural
Resources and Environment shall have to send dossiers for consideration and
approval of land use plannings, plans to the concerned ministries and agencies
for comments.
Within fifteen (15) working days as from the
date of receiving the dossiers, the ministries and agencies shall have to send
their written comments to the Ministry of Natural Resources and Environment.
Within ten (10) working days as from the end
of the time limit for comments, the Ministry of Natural Resources and
Environment shall have to sum up and send its appraisal to the provincial/municipal
People's Committees for finalization of the dossiers;
b) The provincial/municipal People's
Committees shall finalize the dossiers and submit them to the People's Councils
of the same level for approval of the land use plannings, plans; send five (5)
sets of dossiers already approved by the People's Councils together with the
People's Councils' resolutions to the Ministry of Natural Resources and
Environment;
c) Within ten (10) working days as from the
date of receiving the dossiers for consideration and approval of the land use
plannings, plans as provided for at Point b of this Clause, the Ministry of
Natural Resources and Environment shall have to submit them to the Government
for consideration and approval.
Article 20.-
Consideration and approval of land use plannings, plans of rural districts,
urban districts, provincial capitals or towns
1. The dossiers for consideration and
approval of land use plannings, plans of rural districts, urban districts,
provincial capitals or towns shall each be made in ten (10) sets to be
submitted to the provincial/municipal Services of Natural Resources and
Environment for appraisal; such a dossier shall comprise:
a) The report of the People's Committee of
the rural district, urban district, provincial capital or town to the
provincial/municipal People's Committee for consideration and approval of the
land use planning, plan;
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c) The current land use map;
d) The land use planning map, for the case of
considering and approving the land use planning.
2. The order of considering and approving
land use plannings, plans is prescribed as follows:
a) Within three (3) working days as from the
date of receiving the complete and valid dossiers, the provincial/municipal
Services of Natural Resources and Environment shall have to send the dossiers
of consideration and approval of land use plannings, plans to relevant agencies
for their comments.
Within fifteen (15) working days as from the
date of receiving the complete and valid dossiers, the agencies shall have to
send their written comments to the provincial/municipal Services of Natural
Resources and Environement.
Within ten (10) working days as from the end
of the time limit for comments, the provincial/municipal Services of Natural
Resources and Environment shall have to sum up the comments and send their
appraisals to the People's Committees of rural districts, urban districts,
provincial capitals or towns for finalization of the dossiers;
b) The People's Committees of rural
districts, urban districts, provincial capitals or towns shall finalize the
dossiers and submit them to the People's Councils of the same level for
approving the land use plannings, plans; send three (3) sets of dossiers
already approved by the People's Councils together with the latter's
resolutions to the provincial/municipal Services of Natural Resources and
Environment;
c) Within ten (10) working days as from the
date of receiving the dossiers of consideration and approval of land use
plannings, plans as provided for at Point b of this Clause, the
provincial/municipal Services of Natural Resources and Environment shall have
to submit them to the provincial/municipal People's Committees for
consideration and approval.
Article 21.-
Consideration and approval of detailed land use plannings, detailed land use
plans of wards, townships and communes covered by the urban development
plannings
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a) The report of the People's Committee of
the rural district, urban district, provincial capital or town to the
provincial/municipal People's Committee for consideration and approval of the
detailed land use planning, detailed land use plan;
b) The report explaining the detailed land
use planning, detailed land use plan;
c) The current land use map;
d) The detailed land use planning map for the
case of considering and approving the detailed land use planning.
2. The order of considering and approving the
detailed land use plannings,detailed land use plans is prescribed as follows:
a) Within three (3) working days as from the
date of receiving the complete and valid dossiers, the provincial/municipal
Services of Natural Resources and Environment shall have to send the dossiers
of consideration and approval of the detailed land use plannings, detailed land
use plans to relevant agencies for their comments.
Within fifteen (15) working days as from the
date of receiving the dossiers, the agencies shall have to send their written
comments to the provincial/municipal Services of Natural Resources and
Environment.
Within ten (10) working days as from the end
of the time limit for comments, the provincial/municipal Services of Natural
Resources and Environment shall have to sum up and send their appraisals to the
People's Committees of rural districts, urban districts, provincial capitals or
towns for finalization of the dossiers;
b) After finalizing the dossiers, the
People's Committees of rural districts, urban districts, provincial capitals or
towns shall submit them to the People's Councils of the same level for approval
of the detailed land use plannings, detailed land use plans; send four (4) sets
of dossiers already approved by the People's Councils of the same level together
with the latter's resolutions to the provincial/municipal Services of Natural
Resources and Environment;
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3. The dossiers for consideration and
approval of detailed land use plannings, detailed land use plans of wards,
townships or communes covered by the urban development plannings shall be
submitted simultaneously together with the dossiers for consideration and
approval of land use plannings, land use plans of rural districts, urban
districts, provincial capitals or towns as provided for in Article 20 of this
Decree or submitted later but must be considered and approved in the last year
of the preceding land use planning, land use plan period.
Article 22.-
Consideration and approval of detailed land use plannings, detailed land use
plans of communes not covered by the urban development plannings
1. The dossiers for consideration and
approval of detailed land use planning, detailed land use plans of communes not
covered by the urban development plannings shall each be made in ten (10) sets
to be submitted to the district-level Sections of Natural Resources and
Environment for appraisal; such a dossier shall comprise:
a) The commune People's Committee's report to
the district/provincial capital or town People's Committee for consideration
and approval of the detailed land use planning, detailed land use plan;
b) The general report explaining the detailed
land use planning, detailed land use plan;
c) The current land use map;
d) The detailed land use planning map, for
the case of considering and approving the detailed land use planning.
2. The order of considering and approving
detailed land use plannings, detailed land use plans is prescribed as follows:
a) Within three (3) working days as from the
date of receiving the complete and valid dossiers, the district-level Natural
Resources and Environment Sections shall have to send the dossiers of
consideration and approval of detailed land use plannings, detailed land use
plans to the relevant agencies for their comments.
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Within ten (10) days as from the end of the
time limit for comments, the Natural Resources and Environment Sections shall
have to sum up and send their appraisals to the commune People's Committees for
finalization of dossiers;
b) After finalizing the dossiers, the commune
People's Committees shall submit them to the commune People's Councils for
approval of the detailed land use plannings, detailed land use plans; send
three (3) sets of dossiers already approved by the commune People's Councils,
enclosed with the People's Councils' resolutions to the Natural Resources and
Environment Sections;
c) Within ten (10) working days as from the
date of receiving the dossiers of consideration and approval of detailed land
use plannings, detailed land use plans as prescribed at Point b of this Clause,
the Natural Resources and Environment Sections shall have to submit them to the
district, provincial capital or town People's Committees for consideration and
approval.
Article 23.-
Consideration and approval of detailed land use plannings, detailed land use
plans of hi-tech parks, economic zones
1. The dossiers for consideration and
approval of detailed land use plannings, detailed land use plans of hi-tech
parks, economic zones shall each be made in ten (10) sets to be submitted to
the provincial/municipal Services of Natural Resources and Environment of the
localities where the land exists for appraisal; such a dossier shall comprise:
a) The report of the hi-tech park management
board, the economic zone management board to the provincial/municipal People's
Committee for consideration and approval of the detailed land use planning,
detailed land use plan;
b) The general report explaining the detailed
land use planning, detailed land use plan;
c) The current land use map;
d) The detailed land use planning map, for
the case of considering and approving the detailed land use planning.
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a) Within three (3) working days as from the
date of receiving the complete and valid dossiers, the provincial/municipal
Services of Natural Resources and Environment shall have to send the dossiers
for consideration and approval of detailed land use plannings, detailed land
use plans of hi-tech parks, economic zones to the relevant agencies for
comments.
Within fifteen (15) working days as from the
date of receiving the dossiers, the said agencies shall have to send their
written comments to the provincial/municipal Services of Natural Resources and
Environment.
Within ten (10) working days as from the end
of the time limit for comments, the provincial/municipal Services of Natural
Resources and Environment shall have to sum them up and send their appraisals
to the hi-tech or economic zone management board for finalization of dossiers;
b) After finalizing the dossiers, the hi-tech
park or economic zone management boards shall send four (4) sets of dossiers to
the provincial/municipal Services of Natural Resources and Environment;
c) Within ten (10) working days as from the
date of receiving the finalized dossiers, the provincial/municipal Services of
Natural Resources and Environment shall have to submit them to the
provincial/municipal People's Committees for consideration and approval.
Article 24.-
Plannings and plans on use of land for defense, security purposes
1. The period of planning, plan on the use of
land for defense or security purposes is prescribed as follows:
a) The period of planning on the use of land
for defense or security purposes shall be ten (10) years, corresponding to the
local and national land use planning periods;
b) The period of plan on the use of land for
defense or security purposes shall be five (5) years, corresponding to the
local and national land use plan periods.
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a) Assessment of the management and use of
land for defense, security purposes;
b) Determination of demands for land used for
defense or security purposes in the land use planning period, compatible with
the overall planning on socio-economic development, defense as well as security
and the socio-economic development plans of the State;
c) Determination of locations and acreages of
defense or security land returned to localities for use for socio-economic
development purposes;
d) Solutions to organizing the implementation
of plannings on the use of land for defense, security purposes.
3. The contents of plans on the use of land
for defense, security purposes shall include:
a) Assessment of the management and use of
defense, security land of the preceding plan period;
b) Clear determination of locations, acreages
of land used for defense or security purposes in the five-year plan and
detailed to each year;
c) Specific determination of locations and
acreages of defense or security land returned to localities for management in
five (5) years;
d) Solutions to organizing the implementation
of plans on the use of land for defense, security purposes.
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1. The dossiers for consideration and
approval of plannings, plans on use of land for defense or security purposes
shall each be made in fifteen (15) sets to be submitted at the Ministry of
Natural Resources and Environment for appraisal; such a dossier shall comprise:
a) The report of the Ministry of Defense or
the Ministry of Public Security, submitted to the Government for consideration
and approval of a planning or plan on the use of land for defense or security
purposes;
b) The provincial/municipal People's
Committee's written opinions on the demand for land used for defense or
security purposes in the locality;
c) The general report explaining the
planning, plan on the use of land for defense, security purposes.
2. The order of considering and approval of
plannings, plans on the use of land for defense or security purposes is as
follows:
a) Within three (3) working days as from the
date of receiving the complete and valid dossiers, the Ministry of Natural
Resources and Environment shall have to send the dossiers for consideration and
approval of plannings, plans on the use of land for defense, security purposes
to the relevant ministries and branches for their comments.
Within fifteen (15) working days as from the
date of receiving the dossiers, the ministries and branches shall have to send
their written comments to the Ministry of Natural Resources and Environment.
Within ten (10) working days as from the date
of fully receiving the comments, the Ministry of Natural Resources and
Environment shall have to sum them up and send its appraisal to the Ministry of
Defense or the Ministry of Public Security for finalization of dossiers;
b) After finalizing the dossiers, the
Ministry of Defense or the Ministry of Public Security shall send five (5)
dossier sets to the Ministry of Natural Resources and Environment;
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Article 26.-
Adjustment of land use plannings, land use plans, detailed land use plannings,
detailed land use plans
1. Contents of adjustment of land use
plannings, land use plans, detailed land use plannings, detailed land use plans
shall include:
a) Addition, adjustment or cancellation of
works, projects in the planning, plan periods;
b) Restructuring of assorted land in the
agricultural land group; change of locations, acreages of functionally zoned
off-land areas in the non-agricultural land group; change of targets of putting
unused land to use;
c) Change of the schedule for plan
implementation, which is three (3) years faster or slower than the land use
plan, the detailed land use plan, which have been already approved;
d) Solutions to organizing the adjustment of
land use plannings, plans.
2. The adjustment of land use plannings, land
use plans, detailed land use plannings, detailed land use plans shall be made
in cases where there appears the adjustment of socio-economic development
plannings, the adjustment of objectives of socio-economic development, defense
or security programs, projects, the adjustment of regional construction
plannings or urban construction plannings and such adjustment alters the land
use structure or in cases where natural disasters or wars cause the change in
land use structure.
3. The dossiers for consideration and
approval of adjustment of land use plannings, plans of provinces or centrally
run cities shall each be made in fifteen (15) sets to be submitted at the
Ministry of Natural Resources and Environment for appraisal; or rural
districts, urban districts, provincial capitals or towns and of wards, district
townships or communes in urban development planning regions shall be made in
ten (10) sets to be submitted to the provincial/municipal Services of Natural
Resources and Environment for appraisal; of communes outside the urban
development planning regions shall be made in ten (10) sets to be submitted at
the district-level Natural Resources and Environment Sections for appraisal;
such a dossier shall include:
a) The report of the People's Committee of
the level which formulates the land use planning, land use plan or detailed
land use planning, detailed land use plan, submitted to the competent State
agency for consideration and approval;
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c) The land use planning map of the to
be-adjusted area, for the case of adjusting land use plannings or detailed land
use plannings.
4. Dossiers for consideration and approval of
adjustment of detailed land use plannings, detailed land use plans of hi-tech
parks, economic zones shall each be made in ten (10) sets to be submitted at
the provincial/municipal Services of Natural Resources and Environment for
appraisal; such a dossier shall comprise:
a) The report of the hi-tech park or economic
zone management board to be submitted to the provincial/municipal People's
Committee for consideration and approval of the adjustment of the detailed land
use planning, detailed land use plan;
b) The report explaining the adjustment of
detailed land use planning, detailed land use plan;
c) The detailed land use planning map of the
to be-adjusted area, for the case of adjusting detailed land use planning.
5. The dossiers for consideration and
approval of plannings, plans on the use of land for defense or security
purposes shall each be made in fifteen (15) sets to be submitted at the
Ministry of Natural Resources and Environment for appraisal; such a dossier
shall comprise:
a) The report of the Ministry of Defense or
the Ministry of Public Security to be submitted to the Government for
consideration and approval of planning or plan on the use of land for defense
or security purposes;
b) The provincial/municipal People's
Committee's written opinions on the adjustment of demands for land used for
defense or security purposes in the locality;
c) The report explaining the adjustment of
the planning, plan on the use of land for defense or security purpose.
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a) The order of considering and approving the
adjustment of land use plannings, plans of provinces or centrally-run cities
shall be the same as that prescribed in Clause 2, Article 19 of this Decree;
b) The order of considering and approving the
adjustment of land use plannings, plans of rural districts, urban districts,
provincial capitals or towns shall be the same as that prescribed in Clause 2,
Article 20 of this Decree;
c) The order of considering and approving the
adjustment of detailed land use plannings, detailed land use plans of wards,
townships and communes in the urban development planning regions shall be the
same as that prescribed in Clause 2, Article 21 of this Decree;
d) The order of considering and approving the
adjustment of detailed land use plannings, detailed land use plans of communes
outside the urban development planning regions shall be the same as that
prescribed in Clause 2, Article 22 of this Decree;
e) The order of considering and approving the
detailed land use plannings, detailed land use plans of hi-tech parks or
economic zones shall be the same as that prescribed in Clause 2, Article 23 of
this Decree;
f) The order of considering and approving the
plannings, plans on the use of land for defense or security purposes shall be
the same as that prescribed in Clause 2, Article 25 of this Decree;
g) The gathering of comments when appraising
the adjustment of land use plannings, land use plans, detailed land use
plannings, detailed land use plans shall be conducted only with agencies
related to areas of assorted land to be adjusted.
Article 27.-
Announcement of land use plannings, plans
1. The Ministry of Natural Resources and
Environment shall have to publicize all documents on national land use
plannings and plans, which have been decided by the National Assembly, at its
office throughout the land use planning or plan period; to publish on the
Official Gazette; to publicize on the Government's State management information
network and publish their excerpts on a central daily.
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3. The commune, ward, township People's
Committees shall have to publicize all documents on detailed land use
plannings, detailed land use plans and investment projects as well as works,
which have been already approved, at their offices throughout the land use
planning, plan periods.
4. The hi-tech park management boards, the
economic zone management boards shall have to publicize all documents on
detailed land use plannings, detailed land use plans, which have been already
approved, at their headquarters throughout the land use planning, plan periods;
publicize on the electronic information networks of the hi-tech parks or
economic zones and publish their excerpts on branch newspapers or local newspapers
in localities where exist such plannings.
5. All the documents on adjustment of land
use plannings, land use plans, detailed land use plannings, detailed land use
plans, which have been already approved, must be publicized like the land use
plannings, land use plans, detailed land use plannings, detailed land use plans
prescribed in Clauses 1, 2, 3 and 4 of this Article.
6. The dossiers of plannings, plans on the
use of land and the dossiers of adjustment of plannings, plans on the use of
land for defense and security purposes shall be managed according to the
confidentiality regime.
Article 28.-
Management of land use plannings, plans
1. The People's Committees of the provinces
or centrally-run cities, the People's Committees of rural districts, urban
districts, provincial capitals or towns, which decide on land assignment, land
lease, land recovery or land use purpose changes must strictly comply with the
approved land use plannings, plans.
The presidents of the People's Committees of
provinces or centrally-run cities, the presidents of the People's Committees of
rural districts, urban districts, provincial capitals or towns shall have to
detect and handle in time cases of violating land use plannings, plans in their
respective localities.
2. The People's Committees of communes,
wards, townships shall have to monitor the implementation of land use
plannings, plans in their localities. Upon the detection of cases of using land
in contravention of the publicized plannings or plans, they shall handle such
cases according to their competence or request competent State agencies to
handle them.
The presidents of the commune, ward or
district township People's Committees shall bear the prime responsibility for
failure to prevent and handle in time cases of using land in contravention of
the approved land use plannings or plans in the localities.
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In case of discovering the practical demands
for adjustment of land use plannings or plans, they shall report to the
People's Committees of the same levels on such demands.
4. Annually, the People's Committees of all
levels shall have to report on results of implementation of their local land
use plans up to December 31; the time limits for submission of their reports
are prescribed as follows:
a) The commune, ward or township People's
Committees shall submit their reports to the People's Committees of rural
districts, urban districts, provincial capitals or towns before January 15 of
the following year;
b) The People's Committees of rural
districts, urban districts, provincial capitals or towns shall submit their
reports to the provincial/municipal People's Committees before January 31 of
the following year;
c) The provincial/municipal People's
Committees shall submit their reports to the Ministry of Natural Resources and
Environment before February 15 of the following year.
5. The Minister of Defense and the Minister
of Public Security shall have to direct the implementation and examine, inspect
the implementation of plannings and plans on the use of land for defense or
security purposes throughout the country.
Annually, the Ministry of Defense and the
Ministry of Public Security shall have to report to the Government on the
results of implementation of plans on the use of land for defense, security
purposes by December 31 and at the same time send one copy to the Ministry of
Natural Resources and Environment for synthesis; the deadline for submitting
reports shall be before January 31 of the following year.
6. The Ministry of Natural Resources and
Environment shall have to sum up the results of implementation of annual land
use plans of the whole country for report thereon to the Government; the
deadline for report submission shall be before March 15 of the following year.
7. The report on results of implementation of
annual land use plans for the last year of the first-period land use plan must
be enclosed with the general report on the implementation of the whole land use
plan period.
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Article 29.- Handling
of land areas determined to be recovered or subject to use purpose change in
the approved land use plans, which, however, after three (3) years, have not
been materialized
1. State agencies competent to consider and
approve land use plannings, plans may adjust the land use plannings or plans of
the current period or the next period with regard to the land areas already
determined to be recovered or subject to use purpose change in the publicized
land use plans which, however, after three (3) years have not yet been
materialized in the following cases:
a) The land areas for execution of works,
investment projects in service of defense, security, national interests or
public interests but there are not enough fundings for the execution thereof;
b) The land areas for execution of works,
investment projects in service of economic development with investors being
identified in the last year of the three-year time limit, which require the
announcement of adjustment or cancellation of land use plans under the
provisions of Clause 3, Article 29 of the Land Law.
2. For cases not prescribed in Clause 1 of
this Article, the State agencies competent to consider and approve land use
plannings, plans must publicize the cancellation of land use plans regarding
the land areas already determined as being recovered or subject to use purpose
change.
Chapter IV
LAND
ASSIGNMENT, LAND LEASE, LAND USE PURPOSE CHANGE, LAND RECOVERY, LAND
REQUISITION
Article 30.- Grounds
for land assignment, land lease, land use purpose change
Grounds for deciding on land assignment, land
lease, permission for land use purpose change shall include:
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a) Investment projects of organizations using
investment capital sources from the State budget, which have been approved by
competent State agencies, or foreign-invested projects already granted
investment licenses by competent State agencies;
b) Documents appraising the demands for land
use for execution of investment projects of economic organizations which do not
use State budget capital sources or which are not foreign-invested projects.
The provincial/municipal Services of Natural Resources and Environment shall
assume the prime responsibility for, and coordinate with the concerned
Services, departments and branches in, appraising the land use demands on the
basis of examining the investment project dossiers according to law provisions
on investment;
c) The projects on construction of religious
establishments, already approved by the provincial/municipal People's
Committees;
d) The applications of households or
individuals for land assignment, land use purpose change with certifications by
the People's Committees of the communes, wards or townships where exists the
land demanded for use, for case of applying for assignment of agricultural land
within the land assignment limits or assignment of land for construction of
dwelling houses;
e) The population communities' applications
for land assignment with certifications by the People's Committees of the
communes, wards or townships where exists the land demanded for use.
2. The good observance of the land
legislation by applicants for land assignment or land lease for cases where the
land assignment or land lease applicants have been previously assigned or
leased land by the State for execution of production, business or service
investment projects. On the basis of the self-declarations by the land
assignment or land lease applicants about the entire acreages, the use of land
previously assigned or leased by the State and their self-remarks on their
observance of the land legislation, the provincial/ municipal Services of
Natural Resources and Environment of the localities where exists the land, for
which the land assignment or land lease procedures are being carried out, shall
have to contact the provincial/municipal Services
of Natural Resources and Environment of the localities where exists the land
which was previously assigned or leased in order to verify the land users'
observance of the land legislation in the course of execution of projects to
which the State assigned or leased land.
3. The detailed land use plannings or
detailed land use plans, the urban construction plannings or rural population
quarter construction plannings, which have been already approved by competent
State agencies.
In cases where the detailed land use
plannings or the detailed land use plans are not yet available, the land use
plannings or land use plans already approved by competent State agencies shall
serve as bases therefor.
Article 31.-
Competence to assign land, lease land, permit land use purpose change and
recover land
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The provincial/ municipal People's Committees
shall assign land to the land fund development organizations for management.
2. The competence to recover land shall
comply with the provisions of Article 44 of the Land Law.
Where land is recovered for assignment or
lease to religious organizations or establishments, overseas Vietnamese,
foreign organizations or foreign individuals and the to be-recovered land is
being used by households, individuals or jointly by organizations, households
and individuals, the provincial/ municipal People's Committees shall decide to
recover the entire land areas. Basing themselves on the provincial/municipal
People's Committees' decisions on recovery of the entire land areas, the
People's Committees of rural districts, urban districts, provincial capitals or
towns shall decide on the recovery of specific land area from each household,
individual.
3. Where overseas Vietnamese, foreign
organizations and/or foreigners use land for execution of investment projects
but have to change the land use purposes due to the adjustment of the
investment projects already approved by competent State agencies, the
provincial/ municipal People's Committees shall permit the land use purpose
change.
Article 32.-
Competence to adjust land assignment, land lease decisions with regard to the land
assigned or leased before the Land Law took implementation effect
The State agencies competent to assign land,
lease land, defined in Article 37 of the Land Law, shall be the agencies
competent to decide on adjustment for cases where the land users had been given
land assignment or land lease decisions before the Land Law took implementation
effect (July 1, 2004)
Article 33.- The
durations of using the land assigned or leased by the State
1. The durations of using the land assigned
or leased by the State shall be calculated from the dates of issuance of the
land assignment or lease decisions by competent state agencies.
Where the land had been assigned or leased
before October 15, 1993 but the land assignment decisions or the land lease
contracts failed to clearly state the land assignment or lease duration, the
land assignment or land lease duration shall comply with the provisions of
Clauses 2 and 3 of Article 68, Article 71, Article 78, Clause 5 of Article 84,
Clause 3 of Article 86, Clause 1 of Article 87, of this Decree and be
calculated from October 15, 1993.
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Article 34.-
Continuing to assign land, lease agricultural land; extending the land use
duration or recovering land upon the expiry of land use time limits
1. Upon the expiry of land use durations, the
households and individuals directly involved in agricultural production,
forestry, aquaculture or salt making, that have used the agricultural land
assigned or leased by the State, have their use rights recognized by the State
or have been transferred the land use rights, may continue using the land with
the land use durations prescribed in Clause 1, Article 67 of the Land Law,
except for cases where the State issues land recovery decisions as provided for
in Clauses 1, 4, 7, 8 and 11 of Article 38 of the Land Law.
2. The extension of the use duration for land
categories with definite use durations not falling within the cases prescribed
in Clause 1 of this Article shall comply with the following regulations:
a) Within six (6) months before the expiry of
the use duration, if having demand to continue using the land, the land users
shall file their applications to the State agencies competent to assign or
lease land for consideration and settlement under the provisions of Clauses 1,
3 and 4, Article 67 of the Land Law;
b) The extension duration for cases where
households, individuals lease agricultural land shall be determined in
accordance with the provisions in Clause 1, Article 67 of the Land Law;
c) The extension duration for cases where
economic organizations use land for the purposes of agricultural production,
forestry, aquaculture, salt making; economic organizations, households,
individuals use land as ground for construction of production and/or business
establishments; economic organizations use land for execution of investment
projects; overseas Vietnamese, foreign organizations and/or individuals use
land for execution of investment projects in Vietnam shall be determined
according to the supplementary projects already approved by competent State
agencies, but must not exceed the duration of land assignment or land lease by
the State.
3. Where the land users do not wish to
continue using the land or apply for use duration extension as provided for in
Clause 2 of this Article or are not permitted by competent State agencies for
land use extension, the State shall recover the land under the provisions of
Clause 10, Article 38 of the Land Law.
4. Annually, the People's Committees of the
level competent to recover land shall direct the natural resource and
environment agencies to review the land use duration in order to decide on land
recovery applicable to cases prescribed in Clause 3 of this Article.
Article 35.- Handling
of land use levies, land rents, assets already invested in land, for cases of
land recovery prescribed in Clauses 2, 3, 5, 8, 9, 11 and 12, Article 38 of the
Land Law
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Where the land is assigned by the State
without the collection of land use levies or the land is leased by the State
with land rents being paid annually, or the land is assigned by the State with
the collection of land use levies or leased by the State with land rents paid
for the whole lease term or the land is leased by the State with land rents
being paid for many years and the paid land use levies and/or land rents have
originated from the State budget, only the remaining value portions invested in
the land and not originating from the State budget shall belong to the
ownership of the persons with their land recovered.
2. The remaining values of land use levies,
land rents, assets already invested in land, which belong to the ownership of
the persons with their land recovered shall be handled according to the
following regulations:
a) Where the recovered land lies in urban
areas or urban development planning regions, which is assigned to the land fund
development organizations, the land fund development organizations shall have
to pay the remaining values to the persons with their land recovered; in places
where the land fund development organizations are not available, the payment to
the persons with their land recovered shall be made by the budget of the level
managing the recovered land;
b) Where the recovered land lies in rural
areas and is assigned to the commune, district township People's Committees for
management or for addition to the public land funds, such commune or district
township People's Committees shall have to make payment to the persons with
their land recovered;
c) Where the recovered land is assigned or
leased to other persons by the State, the land assignees or lessees shall have
to make payment to the persons with land recovered.
3. Where the recovered land belongs to the
non-agricultural land group eligible for participation in the real estates
market, the People's Committees of the level competent to recover the land
shall apply form of auctioning the land use right and assets already invested
in the land and handle the remaining values of the land use levies, land rents,
assets already invested in the land, which belong to the ownership of the
persons with land recovered according to the following regulations:
a) If the proceeds from auctions, after
subtracting expenses for organization of the auctions, are lower than the
remaining values belonging to the ownership of the persons with land recovered,
such persons shall be entitled to receive the whole sums of such money;
b) If the proceeds from auctions, after
subtracting the expenses for organization of the auctions, are higher than or
equal to the remaining values belonging to the ownership of the persons with
land recovered, such persons shall be entitled to receive the remaining values
belonging to their ownership; the differences shall be remitted into the State
budget.
4. Where the land is recovered due to
acceptance of the land use right transfer, the transfer money, the remaining
value of the assets already invested in land shall be settled like in the case
of recovering land assigned by the State with the collection of land use levies
as provided for in Clauses 1, 2 and 3 of this Article.
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Article 36.- Recovery
of land and management of recovered land funds
1. The State shall recover land for use for
defense, security purposes, for national interests, public interests in the
following cases:
a) Using the land for defense or security
purposes;
b) Using the land for construction of working
offices, non-business works with land assigned by the State without the
collection of land use levies;
c) Using the land for construction of offices
of foreign organizations with diplomatic functions;
d) Using the land for construction of public
works not for business purposes;
e) Using the land for renovation, development
of urban centers and rural population quarters;
f) Using the land for development of
protective forests, special-use forests;
g) Using the land for religious
establishments;
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2. The State shall recover land for use for
economic development purposes in the following cases:
a) Using the land for investment in
construction of industrial parks defined in Article 90 of the Land Law, hi-tech
parks defined in Article 91 of the Land Law, economic zones defined in Article
92 of the Land Law;
b) Using the land for execution of investment
production, business, service or tourist projects of Group A under the
provisions of the legislation on investment, which have been approved or
permitted for investment by competent State agencies but cannot be invested in
industrial parks, hi-tech parks or economic zones;
c) Using the land for execution of investment
projects with sources of official development assistance (ODA) capital;
d) Using the land for execution of projects
with 100% foreign investment capital, which have already been approved or
permitted for investment by competent State agencies but cannot be invested in
industrial parks, hi-tech parks or economic zones.
3. All cases of land recovery prescribed in
Clauses 1 and 2 of this Article must be included in detailed land use
plannings, plans; detailed urban construction plannings or rural population
quarter construction plannings, which have been already approved by competent
State agencies.
4. The recovered land areas prescribed at
Points d and e of Clause 1 and Clause 2 of this Article shall be assigned to
the land fund development organizations for management, for cases where the
land use plannings or plans have been publicized but the investment projects
are not available yet; assigned or leased to investors, for cases where the
investment projects are available, but the investors must use the land for the
right assignment or lease purposes.
5. The State shall recover land in the cases
prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of Article 38 of
the Land Law and assign the land to the commune People's Committees for
management if the recovered land lies in rural areas, or to the land fund
development organizations for management if the recovered land lies in urban
areas and regions with urban development planning.
6. The State shall not recover land for use
for economic development purposes for projects not prescribed in Clause 2 of
this Article or in cases where investors are transferred or leased the land use
rights, or receive capital contributed with the land use rights of the current
land users.
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In cases of renting land of the current land
users, the land lessees must not change the land use purposes.
7. The use purposes must not be changed for
the land already assigned for use for defense or security purposes, for
national interests, public interests, construction of industrial parks, for use
as ground for non-agricultural production and/or business into the purpose of
building dwelling houses for business.
8. The settlement of complaints about land
recovery in the cases prescribed in Clauses 1 and 2 of this Article shall
comply with the provisions of Articles 162, 163 and 164 of this Decree.
The settlement of disputes over land use
right in the cases prescribed in Clause 6 of this Article shall comply with the
civil law provisions.
Article 37.- Land
requisition for definite terms
1. Where the State declares the state of
emergency under law provisions on emergency state, war emergency state, natural
disasters, fire or other emergency cases, which seriously threaten the
properties of the State and/or organizations, the properties and lives of
people and require land use, the Government, the provincial/municipal People's
Committees and the rural district, urban district, provincial capital or town
People's Committees are competent to requisition land.
The land requisition decisions must clearly
state the land requisition purposes and duration.
2. If the land requisition duration expires
while the land requisition purposes have not yet been attained, the State
agencies which have requisitioned the land shall decide to extend the land
requisition duration; the extension duration shall not exceed the land
requisition duration.
3. The State agencies which have
requisitioned the land shall have the responsibility to return the land and pay
compensations for damage, if any, caused to the persons with land
requisitioned, upon the attainment of the land requisition purposes or upon the
expiry of the land requisition duration; the damage compensations shall be made
within six (6) months after the expiry of the land requisition duration.
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Chapter V
LAND USE
RIGHT REGISTRATION, CADASTRAL DOSSIER COMPILATION AND MANAGEMENT, LAND USE
RIGHT CERTIFICATE GRANTING, LAND
Article 38.- Land use
right registration
1. The land use right registration shall
cover the first-time registration of land use right and the registration of
land use-related changes.
2. The first-time registration of land use
right shall be made in the following cases:
a) Being assigned or leased land by the State
for use;
b) The current land users have not been
granted the land use right certificates for their land plots.
3. Registration of land use-related changes
shall be applicable to persons who use the land plots to which the land use
right certificates have been already issued but changes have been seen in the
land use in the following cases:
a) The land users exercise the rights to
exchange, transfer, lease, sublease, inherit, donate, mortgage the land use
rights or provide guarantee or contribute capital with the land use rights;
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c) There appear changes in shapes, sizes,
acreages of the land plots;
d) Land use purposes change;
e) There appear changes in land use duration;
f) There is the shift from the form of land
lease by the State to the form of land assignment by the State with the
collection of land use levies;
g) There appear changes in the restriction of
land users' rights;
h) The State recovers land.
Article 39.- Persons
responsible for land use right registration
1. The persons responsible for land use right
registration are the persons who take responsibility before the State for the
land use prescribed in Article 2 of this Decree.
For armed force units which use land, the
persons responsible for land use right registration shall be the heads of such
armed force units determined as land users under the provisions of Clause 3,
Article 83 of this Decree.
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Article 40.-
Cadastral dossiers
1. The cadastral dossiers shall be detailed
to every land plot according to the administrative units of commune, ward and
district township.
Each land plot must bear a separate code
which is not identical with the codes of other land plots throughout the
country.
2. The cadastral dossier contents must be
fully, accurately and timely reflected and must be adjusted regularly with
changes under law provisions in the course of land use.
3. The cadastral dossiers shall each be
compiled with one original and two duplicates; the original shall be archived
at the land use right registration office of the provincial/municipal Service
of Natural Resources and Environment, one duplicate shall be kept at the land
use right registration office of the district-level Natural Resources and
Environment Section, and one duplicate shall be archived at the commune, ward,
district township People's Committee.
The originals of the cadastral dossiers must
be adjusted in time upon any changes in land use, the duplicates of the
cadastral dossiers must be properly adjusted in accordance with the originals.
4. The cadastral dossiers shall be compiled
according to the following regulations:
a) The cadastral dossiers shall be compiled
according to the uniform technical standards on the State coordinate system;
b) The cadastral dossier contents reflect
land plots; hydrological, irrigation systems; traffic road systems;
administrative boundary markers and lines of all levels, work safety corridor
boundary markers; cadastral coordinates; place names and explanatory
annotations;
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d) Cadastral maps must be made by units
licensed for topographical practice or entitled to register for topographical
practice.
5. The cadastral dossiers shall be archived
and managed in form of documents on papers and be gradually digitalized for
management on computers. The provincial/municipal People’s Committees shall
have to invest in the computerization of the cadastral dossier system.
6. The Ministry of Natural Resources and
Environment shall promulgate regulations, technical standards, economic norms
for compilation of cadastral dossiers on papers and digitalized cadastral
dossiers; guide the compilation, adjustment and management of cadastral
dossiers on papers and digitalized cadastral dossiers; prescribe the process of
replacing the paper cadastral dossier system with the digitalized cadastral
dossier system.
Article 41.- Land use
right certificates
1. The land use right certificates are made
in a unified form applicable nationwide to all land categories, issued by the
Ministry of Natural Resources and Environment.
All land users shall be granted land use
right certificates except for the cases prescribed in Clause 2 of this Article.
2. The State shall not grant land use right
certificates in the following cases:
a) The land is assigned by the State for
management prescribed in Article 3 of this Decree;
b) The agricultural land belongs to public
land funds managed for use by commune, ward, township People's Committees;
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d) The current land users fail to fully meet
the conditions for being granted land use right certificates as provided for in
Articles 50 and 51 of the Land Law.
e) Persons who are contracted land in
State-run agricultural farms or forestry camps.
3. The land use right certificates are issued
according to every land plot, each in two copies, of which one copy shall be
granted to the land user and one shall be archived at the land use right
registration office. In cases where certificates of the right to use land
affixed with condominiums, the provisions of Clauses 2, 3, 4 and 5, Article 46
of this Decree shall apply.
4. In the course of land use, the following
changes must be inscribed in the land use right certificates:
a) When the land users exchange, transfer,
inherit, donate the land use rights or contribute capital with the land use rights,
thus formulating new legal persons for the whole land plots; lease, sublease
the land use rights (except for cases of leasing, subleasing the right to use
land in industrial parks prescribed at Point d, Clause 5 of this Article) or
mortgage, provide guarantee with, the land use rights or contribute capital
with the land use rights but without formulating new legal persons for the
whole or part of the land plot;
b) Changes in the whole land plots upon the
successful land dispute conciliations recognized by competent People's
Committees; the execution of competent agencies' or organizations' decisions on
division, separation or merger of organizations; the realization of documents
on division, separation or merger of economic organizations in accordance with
law; the remission of debts under agreement in mortgage or guarantee contracts;
the execution of administrative decisions on settlement of land-related
complaints, denunciations, execution of judgments or decisions of people's
courts, judgment execution decisions of judgment enforcement bodies; the
realization of documents recognizing the results of land use right auctions in
accordance with law; implementation of division or separation of land use
rights according to lawful documents for households or groups of people sharing
the land use right;
c) Land users are allowed to change their
names;
d) The land plot areas increase or decrease
due to natural erosion or slides;
e) The land plot areas increase or decrease
due to measuring errors;
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g) Land use purposes change;
h) There is a change in the land use
duration;
i) There is a shift from the form of land
lease by the State to the form of land assignment by the State with the
collection of land use levies;
j) There is a change in restriction of land
users' rights;
k) There is a change in financial obligations
to be performed by land users.
5. In the course of land use, the following
cases must be granted the land use right certificates:
a) New land plots are created thanks to land
assignment, land lease by the State;
b) New land plots are created due to
consolidation of many plots into one plot;
c) New land plots are created in case of
transferring part of the right to the land plot, changing the use purpose for
part of the land plot, recovering by the State part of the land plot,
separating a land plot into many plots at the proposal of the land users and
permitted by law;
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e) The land plot boundaries are altered upon
the successful land dispute conciliations recognized by competent People's
Committees; the execution of competent agencies' or organizations' decisions on
division, separation or merger of organizations; the realization of documents
on division, separation or merger of economic organizations in accordance with
law; the handling of debts under the agreement in mortgage or guarantee
contracts; the execution of administrative decisions on settlement of land-
related complaints, denunciations, execution of judgments or decisions of
people's courts, judgment execution decisions of judgment enforcement bodies;
realization of documents recognizing results of land use right auctions in
accordance with law; division or separation of land use rights under lawful
documents for households or groups of persons sharing the land use rights;
f) Land users' land use right certificates
are discolored, blurred, torn, damaged or lost.
6. The land use right certificates granted
under the provisions of the 1987 Land Law, the 1993 Land Law; the dwelling
house ownership and the residential land use right certificates as prescribed
by the Government's Decree No.60/CP of July 5, 1994 on the right to own
dwelling houses and to use land in urban areas are legally valid as the land
use right certificates granted under the provisions of the Land Law and
referred collectively to as land use right certificates. Upon any changes in
land use, as prescribed in Clause 5 of this Article, the natural resources and
environment offices of the People's Committees competent to grant land use
right certificates shall have to recover the granted land use right
certificates and carry out procedures for granting new land use right
certificates to land users according to the provisions of the Land Law.
7. For cases of having certificates related
to land use right, which were issued before this Decree takes implementation
effect, which do not fall in the cases prescribed in Clause 6 of this Article,
the land users must carry out the procedures to apply for land use right
certificates as provided for in Articles 135, 136, 137, 138, 139 and 140 of
this Decree.
8. Where the land use right certificates are
granted while the land users are permitted to delay the performance of their
financial obligations as provided for by law, the unperformed financial
obligations must be inscribed on the land use right certificates and in the
cadastral dossiers.
Article 42.-
Correction, withdrawal of land use right certificates
1. Upon detection of erroneous contents
inscribed in land use right certificates, the provincial/municipal Services of
Natural Resources and Environment shall have to make corrections for the land
use right certificates granted by provincial/municipal People's Committees; the
district-level Sections of Natural Resources and Environment shall have to make
corrections for the land use right certificates granted by the People's
Committees of rural districts, urban districts, provincial capitals or towns.
2. The withdrawal of granted land use right
certificates shall comply with the following regulations:
a) Withdrawal of land use right certificates
in cases of change of land use right certificates; natural erosion and slide of
the whole land plots; change of land plots' boundaries, which require the
granting of new land use right certificates;
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c) In case of failure to withdraw land use
right certificates, the land use right registration offices and the People's
Committees of the communes, wards or district townships where exists the land
shall be notified thereof;
d) The provincial/municipal Services of
Natural Resources and Environment shall have the responsibility to withdraw
land use right certificates falling under the granting competence of the
provincial/municipal People's Committees; the district-level Sections of
Natural Resources and Environment shall have to withdraw the land use right
certificates falling under the granting competence of the People's Committees
of rural districts, urban districts, provincial capitals or towns, for the
cases prescribed at Points a and b of this Clause.
3. Where the land use right certificates have
been already granted to stable current land users whose land use rights are
recognized by the State, the withdrawal of such land use right certificates
shall be effected only when judgments or decisions of people's courts have been
executed except for the cases prescribed in Clause 2 of this Article.
Article 43.-
Inscription of land users' names on land use right certificates
1. For organizations and foreign
organizations using land, the organizations' names shall be inscribed in
accordance with their establishment decisions, business registration papers,
investment licenses.
For armed force units using land for defense
or security purposes, the names of the land-using units defined in Clause 3,
Article 83 of this Decree shall be inscribed thereon.
2. For land using-religious establishments,
the names of such religious establishments shall be inscribed.
3. For land using-households, the name
inscription shall comply with the following regulations:
a) Where the households use agricultural land
assigned by the State without the collection of land use levies or whose land
use rights are common property of the husbands and wives, the full names of
both the husbands and the wives shall be inscribed; where households propose
the inscription of full names of only the husbands or the wives, there must be
the written agreements of the husbands and the wives with certification by the
commune, ward of township People's Committees.
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c) Where land-using households with the
husbands or wives being foreigners or overseas Vietnamese, that do not fall
into the cases prescribed in Article 121 of the Land Law, only the full names
of the husbands or the wives being domestic individuals shall be inscribed.
For land-using households with the husbands
or wives being overseas Vietnamese, that fall into the cases prescribed in
Article 121 of the Land Law, the inscription of names on the land use right
certificates shall comply with the provisions of Points a and b of this Clause.
4. For land-using population communities, the
names of such population communities shall be inscribed.
5. For land-using individuals, overseas
Vietnamese, foreign individuals, the full names of such individuals shall be
inscribed.
6. For cases where many land users share the
rights to use their common land plots, the names of all these land users shall
be inscribed, except for cases of condominium.
For condominiums, the inscription of names on
the land use right certificates shall comply with the provisions of Article 46
of this Decree.
7. Where land users had been granted the land
use right certificates before July 1, 2004 and the inscription of names thereon
failed to comply with the provisions of Clauses 1, 2, 3, 4, 5 and 6 of this
Article, the procedures shall be carried out to make adjustments on the granted
land use right certificates, if it is so wished.
Article 44.- Land use
right certificates in cases where assets are affixed to land
1. For cases where dwelling houses, other
architectural works, forest trees and/or perennial trees are affixed to land,
such dwelling houses, architectural works, forest trees and/or perennial trees
shall also be inscribed on the land use right certificates and the cadastral
dossiers. The registration of ownership over the assets affixed to land shall
comply with law provisions on fixed asset registration.
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Article 45.- Granting
of residential-land use right certificates to households, individuals in cases
where exist on land plots gardens, ponds
1. The residential-land areas for households
or individuals, that were already granted land use right certificates before
this Decree takes implementation effect shall be determined according to the
following regulations:
a) The residential-land areas are the areas
inscribed on the granted land use right certificates;
b) In cases where the land users wish to
change the land use purposes from garden or pond land to residential land, the
residential-land areas shall be re-determined according to the provisions of
Clauses 2, 3 and 4, Article 87 of the Land Law, Clauses 2 and 3, Article 80 of
this Decree; households and individuals shall not have to pay the land use
levies for the acreage difference between the re-determined residential-land
area and the residential-land area inscribed on the land use right certificate;
c) Where the State recovers land for use for
defense or security purposes, for national interests, public interests or
economic development, the residential-land areas shall be re-determined under
the provisions of Point b of this Clause and the persons having their land
recovered shall be compensated at the residential-land prices for the
re-determined residential-land areas.
2. Where the residential land affixed with
gardens, ponds within the same land plots where exist dwelling houses in the
population quarters is used before December 18, 1980 and the boundaries of the
residential (or inhabited) land plots have been recognized in the cadastral
dossiers or assorted papers on the land use rights prescribed in Clauses 1, 2
and 5, Article 50 of the Land Law, such total land areas shall be determined as
residential land as provided for in Clause 2, Article 87 of the Land Law; where
the boundaries of the land plots have not yet been determined in the cadastral
dossiers or land use right papers prescribed in Clauses 1, 2 and 5, Article 50
of the Land Law, the residential-land areas shall be determined as not
exceeding five (5) times the assigned residential land areas set by provinces
or centrally-run cities as provided for in Clause 2, Article 83 and Clause 5,
Article 84 of the Land Law, but the total land areas shall not exceed the land
areas being used by households, individuals; the remaining land areas after the
determination of the residential land plots shall be determined according to
the current use status.
3. Where the residential land affixed with
gardens, ponds on the same land plots where exist dwelling houses in population
quarters is used from December 18, 1980 to before July 1, 2004, the residential
land areas shall be determined according to the provisions of Clauses 3, 4 and
5, Article 87 of the Land Law.
Article 46.- Land use
right certificates for land used for construction of condominiums, collective
lodging houses
1. Land used for construction of condominiums
and works in direct service of condominiums belong to the co-use rights of
condominium apartment owners; where condominiums and works in direct service of
the condominiums are leased, the land use rights belong to the condominium
owners.
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a) Investors using land for execution of
projects on condominium construction and business shall be granted the land use
right certificates;
b) Where the entire condominiums belong to
the ownership of individual owners or groups of owners being economic
organizations, households, individuals, overseas Vietnamese, foreign organizations
or foreign individuals, the land use right certificates shall be granted anew
or adjusted for handing to owners or groups of owners of such condominiums;
c) Where investors or condominium owners sell
condominium apartments, the condominium apartment buyers shall be granted the
land use right certificates in form of using the common land; the land use
right certificates already granted to investors or condominium owners shall be
adjusted to suit the form of common land use.
3. For residential land used for construction
of works in direct service of one or many condominiums, the land use right
certificates shall be granted separately for works owners or works-managing
organizations; where there are no works owners or works-managing organizations,
they shall be assigned to the People's Committees of the communes, wards or
district townships where exists such land for management.
4. The issuance of land use right
certificates to land with constructed collective lodging houses is stipulated
as follows:
a) The land used for construction of
collective lodging houses shall include the land for construction of the
collective lodging houses, yard land, garden land and land for construction of
works in direct service of daily life of dwellers in the collective lodging
houses;
b) For collective lodging houses owned by
economic organizations to arrange lodgings for laborers or collective lodging
houses of training or research organizations, used for arrangement of trainees'
lodgings, the land use right certificates shall be granted to such
organizations;
c) For official-duty buildings of the Party
or State agencies or organizations, which are used to arrange lodgings for
public servants, the land use right certificates shall be granted to such
agencies or organizations.
5. Land use right certificates shall not be
issued to land used for yards, gardens, public play or entertainment grounds or
other public works in service of many condominiums, collective lodging houses
or official-duty buildings, but shall be assigned to the People's Committees of
communes, wards or district townships where exists the land for management.
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1. For houses under common ownership, where
co-owners themselves agree to divide the whole land areas into separate plots
for separate use, the land use right certificates shall be issued to each of
such land plots.
2. For houses under common ownership, where
co-owners themselves agree to divide the land areas for separate use and keep
different land areas for common use, the land use right certificate shall be
granted to every house owner; the land use right certificates must be inscribed
with the common-use land areas and the separate-use land areas.
3. For houses under common ownership, where
co-owners fail to agree by themselves to divide the land areas into
separate-use plots, the land use right certificate shall be granted to every
house owner; the land use right certificates must state that the land areas are
for common use.
Article 48.- Granting
land use right certificates to households, individuals currently using land
The granting of land use right certificates
to households, individuals currently using land shall be effected according to
the following regulations:
1. Households or individuals that are
currently using land with the entire land plots or parts thereof being
evidenced with one of the land use right papers prescribed in Clause 1, 2 and
5, Article 50 of the Land Law without disputes, shall be granted the land use
right certificates for land areas with land use right papers, except for cases
where the land lies in to be-recovered areas under plannings and the land
recovery decisions have been already issued by competent State bodies.
2. Households or individuals that are
currently using land with the entire land plots or parts thereof having none of
the land use right papers prescribed in Clauses 1, 2 and 5 of Article 50 of the
Land Law shall be granted the land use right certificates for the land areas without
papers when the following conditions are fully met:
a) The land is dispute-free;
b) The land has been used before the time the
land use plannings or plans or the detailed urban construction plannings or
rural population quarter construction plannings are approved; where the land is
used after the land use plannings or plans, or the detailed urban construction
plannings or rural population quarter construction plannings are approved, it
must be in line with such plannings or plans. The land-using time shall be
certified by the People’s Committees of communes, wards or district townships
where exists such land;
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3. Households or individuals currently using
the land for which the State previously issued management decisions in the
course of implementing the State's land policies, but in fact the State has not
yet managed the land, such households or individuals may continue using it and
shall be granted the land use right certificates without having to pay the land
use levies.
Article 49.- Granting
land use right certificates to non-business organizations, State enterprises,
which are currently using agricultural land
1. Non-business organizations and State
enterprises (in this Article referred collectively to as organizations) shall
themselves review and declare their land use and report to the People's
Committees of the provinces or centrally run cities where exist the land and
their superior agencies being ministries, ministerial-level agencies,
Government-attached agencies or State corporations.
2. Non-business organizations, State
enterprises shall have to draw up the detailed land use plannings based on the
results of review of the current land use situation; the schemes on
reorganization, renewal and development of State enterprises according to the
Government's regulations; the approved local land use plannings, plans; branch
development plannings.
The contents of the detailed land use
plannings must clearly determine the acreage of each land category retained for
use, the land use plan, the land use duration, the land areas handed over to
localities.
3. The provincial/municipal People's
Committees shall consider and approve the detailed land use plannings of
organizations using land in the localities.
4. Basing themselves on the approved detailed
land use plannings, the provincial/ municipal People's Committees shall decide on
land assignment, land lease under law provisions on land regarding the land
areas retained for use by organizations.
5. For encroaching, occupying; encroached
upon or occupied land areas; land areas being in dispute, the
provincial/municipal People's Committees shall definitely settle them in order
to determine the land users.
6. The provincial/ municipal People's
Committees shall have to direct the determination of specific land use
boundaries, marker posts, the measurement and making of cadastral maps, the
granting of land use right certificates to land-using organizations.
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Article 50.- Issuing
land use right certificates to land used for farm economy
1. The commune, ward or township People's
Committees shall review the current land use situation and report to the
People's Committees of rural districts, urban districts, provincial capitals or
towns on the land used for farm economy, to which land use right certificates
have not been issued, according to the following contents:
a) The current land use situation as compared
with the cadastral dossiers and the approved detailed land use plannings;
b) Results of investment in production,
business and services directly serving agricultural production, forestry,
aquaculture or salt-making of farms;
c) The land areas assigned or leased by the
State; transferred from others, inherited, donated, received as capital
contributions from other households or individuals; contracted by
organizations.
2. On the basis of the reports of commune,
ward or township People's Committees and the approved detailed land use
plannings, the People's Committees of rural districts, urban districts,
provincial capitals or towns shall decide to handle or issue land use right
certificates according to the following regulations:
a) Households and individuals, that use
agricultural land for farm economy but fail to use the land for the right
purpose; build dwelling houses or works used for non-agricultural business
purposes or other architectural works without permission, shall themselves have
to address the situation, dismantle the works in order to use land for the
right set purposes; in cases where they fail to address the situation and to
dismantle the works at their own will, the People's Committees of rural
districts, urban districts, provincial capitals or towns shall apply coercive
measures or recover the land;
b) Households and individuals, that are
directly engaged in agricultural production, forestry, aquaculture or
salt-making and assigned land by the State and have used such land for practice
of farm economy, shall be allowed to continue using the land for the remaining
duration for the land areas in excess of the limits prescribed in Article 70 of
the Land Law; the land areas exceeding the limits shall be handled in
accordance with the provisions of Article 67 of the Land Law;
c) Households and individuals, that are not
directly involved in agricultural production, forestry, aquaculture or
salt-making but have been assigned land by the State and have used such land
for farm economy, must shift to lease land; the land leasing term shall be the
remaining duration of the land assignment duration;
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e) Households and individuals, that have
practiced farm economy on land transferred from others, inherited or donated,
shall comply with the provisions of Clause 3, Article 71 of the Land Law.
3. The land areas prescribed at Points b, c,
d and e, Clause 2 of this Article (except for cases of being contracted by
organizations), which are certified by commune, ward or township People's
Committees as dispute-free, shall be issued the land use right certificates.
Article 51.- Issuing
land use right certificates to land used for construction of agencies' offices,
non-business works
1. Organizations currently using land
assigned by the State for construction of working offices or non-business works
but having not yet been granted land use right certificates must review and
declare the land use and report thereon to the People's Committees of the
provinces or centrally run cities where exists the land and to their immediate
superior agencies.
2. On the basis of organizations' reports,
the People's Committees of the provinces or centrally run cities where exists
the land inspect the actual land use and decide to handle, grant land use right
certificates on a case-by-case basis according to the following regulations:
a) The land areas, which have been assigned
by the State and used for the right purposes, shall be permitted for continued
use and issued land use right certificates;
b) The land areas, which have been left
unused, have been used for wrong purposes, or have been encroached upon,
occupied or lost due to the lack of responsibility; the land areas, which have
been leased or lent to other organizations, households or individuals for use;
and the land areas, which have been illegally put into joint ventures or
cooperation, shall be recovered under decisions of provincial/municipal
People's Committees;
c) The residential land shall be assigned to
the People's Committees of rural districts, urban districts, provincial
capitals or towns where exists the land for management; in cases where the
residential land is used in conformity with the approved land use right
plannings or plans, the land users shall be granted land use right certificates
and must fulfill the financial obligations under the Government's regulations
on collection of land use levies;
d) The encroaching, occupying, encroached
upon or occupied land areas; the land areas being in dispute shall be
definitely settled by provincial/municipal People's Committees in order to
determine the land users.
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1. Enterprises using land as ground for
construction of production and/or business establishments and having not yet
been granted the land use right certificates must review and declare their land
use and report thereon to the People's Committees of the provinces or centrally
run cities where exists the land.
2. On the basis of enterprises' reports, the
People's Committees of the provinces or centrally run cities where exists the
land shall conduct field inspection and decide to handle, grant the land use
right certificates on a case-by-case basis according to the following
regulations:
a) The land areas, which have been leased by
the State, transferred with lawful land use rights from others or assigned by
the State with the collection of land use levies and the money already paid for
being transferred the land use rights or the land use levies already paid to
the State have not originated from the State budget and the land areas are
being used for the right purposes, shall be permitted for continued use and
issued the land use right certificates;
b) The land areas, which have been assigned
by the State without the collection of land use levies, been transferred with
lawful land use right from others or assigned by the State with the collection
of land use levies and the money already paid for being transferred with the
land use rights or the land use levies paid to the State have originated from
the State budget and the land areas are being used for the right purposes, but
have not yet been shifted to land lease, must be shifted to land lease; in
cases where the form of land assignment with the collection of land use levies
is opted for, the land use levies must be paid;
c) The land areas which have been left
unused, have been used for wrong purposes, the land areas which have been
illegally encroached upon, occupied or lost; the land areas which have been
leased, lent to other organizations or individuals for use, put into joint
ventures or cooperation in contravention of law, shall be recovered under
decisions of the provincial/municipal People's Committees;
d) The residential land shall be assigned to
the People's Committees of rural districts, urban districts, provincial
capitals or towns for management; where the residential land conforms with the
approved land use plannings, the land users shall be granted the land use right
certificates and must fulfill the financial obligations under the Government's
regulations on land use levy collection;
e) The encroaching, occupying, encroached
upon or occupied land areas; the land areas being in dispute shall be definitely
settled by the provincial/municipal People's Committees in order to determine
the land users.
3. For the land areas prescribed at Point b,
Clause 2 of this Article, enterprises must draw up production and/or business
schemes to be submitted to the provincial/ municipal People's Committees for
consideration and approval; the land use purposes and duration must be
determined in the production and/or business schemes. After the production
and/or business schemes are approved, the enterprises shall be granted the land
use right certificates.
Article 53.- Issuing
land use right certificates for land being used by cooperatives
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2. On the basis of cooperatives' reports, the
People's Committees of the provinces or centrally run cities shall conduct
field inspections and decide to handle, grant land use right certificates on a
case-by-case basis according to the following regulations:
a) The land areas, which have been leased by
the State, transferred with the lawful land use rights from other persons or
assigned by the State with the collection of land use levies and the money
already paid for being transferred the land use rights or the land use levies
already paid to the State have not originated from the State budget, the land
contributed to cooperatives by their members, which have been used for the
right purposes, shall be permitted for continued use and issued the land use
right certificates;
b) The land areas, which have been assigned
by the State without the collection of land use levies, been transferred with
lawful land use rights from other persons or assigned by the State with the
collection of land use levies, and the money already paid for being transferred
the land use rights or the land use levies already paid to the State have
originated from the State budget while the land is being used for the right
purposes but has not yet been shifted to land lease, must be shifted to land
lease; in cases where the form of land assignment with the collection of land
use levies is opted for, the land use levies must be paid.
For agricultural cooperatives' land areas
used for construction of working offices, storehouses, drying yards,
construction of service facilities in direct service of agricultural
production, forestry, aquaculture or salt making, they shall be assigned by the
State without the collection of land use levies;
c) The land areas which have been left
unused, have been used for wrong purposes, land areas which have been
encroached upon, occupied or lost due to lack of responsibility; the land areas
which have been leased or lent to other organizations or individuals, put into
joint ventures or cooperation in contravention of law, shall be recovered under
decisions of the provincial/municipal People's Committees;
d) The residential land shall be handed over
to the People's Committees of rural districts, urban districts, provincial
capitals or towns for management; where the residential land conforms with the
approved land use plannings, the land users shall be granted the land use right
certificates and must fulfill the financial obligations under the Government's
regulations on land use levy collection;
e) The encroaching, occupying, encroached
upon or occupied land areas; the land areas being in dispute shall be
definitely settled by the provincial/ municipal People's Committees in order to
determine the land users.
3. For the land areas prescribed at Point b,
Clause 2 of this Article, the cooperatives must draw up their land use schemes
to be sent to provincial/municipal Services of Natural Resources and
Environment for appraisal before being submitted to the provincial/municipal
People's Committees which shall decide on the land use purposes, land use
duration and grant the land use right certificates.
Article 54.- Issuing
land use right certificates for land with historical-cultural relics, scenic
places
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1. For land where exist independent
historical-cultural relics, scenic places, the land use right certificates
shall be granted to the organizations directly managing the historical-cultural
relics, scenic places.
2. For land where exist historical-cultural
relics which belong to private ownership, the land use right certificates shall
be granted to the private owners.
3. For land where exist historical-cultural
relics of population communities, the land use right certificates shall be
granted to such population communities.
4. In cases where historical-cultural relics
or scenic places cover vast areas of land of different categories, the land use
right certificates shall not be issued for the entire historical-cultural relic
or scenic place areas but to different users of the assorted land in the areas.
The land users must comply with the
regulations on protection of historical-cultural relics, scenic places.
Article 55.- Issuing
land use right certificates for land being used by religious establishments
1. The religious establishments, which are
using land where exist pagodas, churches, oratories, sanctuaries, monasteries,
religious schools, offices of religious organizations and other religious
establishments, are permitted by the State for operation but have not been
granted land use right certificates, must review and declare their land use and
report to the provincial/municipal People's Committees the following contents:
a) The total land areas being used and the
land plot boundaries under the current land use situation;
b) The land areas lent or leased to
organizations, households or individuals by the religious establishments;
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d) The land areas encroached upon or occupied
by other persons;
e) The land areas assigned to the religious
establishments by competent State bodies for expansion of the religious
organizations;
f) The land areas for expansion of the
religious establishments without permission of competent State bodies.
2. The People's Committees of the provinces
or centrally run cities shall conduct field inspections, determine specific boundaries
of land plots and decide to handle according to the following regulations:
a) For the land areas which had been used
stably by organizations, households or individuals before October 15, 1993, to
base on the land use demands of religious establishments as well as such
organizations, households or individuals for settlement, aiming to ensure that
the land use interests of the parties are suitable to reality;
b) For the land areas which were used by
organizations, households or individuals from October 15, 1993 to before July
1, 2004, to settle them like the cases where households or individuals borrow
or lease land of other households or individuals, prescribed in Article 113 of
this Decree;
c) The land areas expanded by religious
establishments without permission of competent State bodies; encroached upon,
occupied; being in dispute, to settle them definitely in order to determine the
land users.
3. For the land areas of religious
establishments, after they are handled according to the provisions of Clause 2
of this Article and the conditions prescribed in Clause 4, Article 51 of the
Land Law are fully met, such religious establishments shall be granted the land
use right certificates.
Article 56.-
Authorization of granting of land use right certificates
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1. The land users have obtained the land
assignment or land lease decisions of competent State agencies but have not yet
been granted the land use right certificates; have obtained the land
sub-assignment decisions or land lease contracts of hi-tech management boards
or economic zone management boards; have obtained the written recognition of
results of lawful land use right auctions, the land dispute conciliation
results recognized by provincial/municipal People's Committees; have obtained
decisions of competent agencies or organizations on division, separation or
merger of organizations; have obtained written documents on division,
separation or merger of economic organizations in accordance with law; have got
agreement on handling of mortgaged land use rights as security for debt
recovery according to law provisions; have obtained administrative decisions on
settlement of land disputes, land related-complaints or denunciations,
judgments or decisions of people's courts, decisions of judgment enforcement
agencies, which have been executed.
2. The land users have registered changes in
land use upon consolidation or separation of land plots according to the
provisions of Point c, Clause 1, Article 7 of this Decree and the land plots,
before being consolidated or separated, were given the land use right
certificates.
3. The land users have been re-granted the
land use right certificates or have had their land use right certificate
changed under the cases prescribed at Point f, Clause 5, Article 41 of this
Decree.
4. Granting of new land use right
certificates in replacement of assorted land use right certificates granted
under the land legislation before July 1, 2004 as provided for in Clause 6,
Article 41 of this Decree.
Article 57.-
Competence to adjust land use changes on land use right certificates
The competence to adjust land use changes
prescribed in Clause 4, Article 41 of this Decree is prescribed as follows:
1. The provincial/municipal Services of
Natural Resources and Environment shall adjust land use changes on the granted
land use right certificates for the cases prescribed at Points b, c, d, e, f,
g, h, i, j and k of Clause 4, Article 41 of this Decree, where the
post-adjustment land users are organizations, religious establishments,
overseas Vietnamese, foreign organizations or foreign individuals.
2. The district-level Sections of Natural
Resources and Environment shall adjust land use changes on the granted land use
right certificates for the cases prescribed at Points b, c, d, e, f, g, h, i, j
and k of Clause 4, Article 41 of this Decree, where the post-adjustment land
users are households, individuals, population communities or overseas
Vietnamese entitled to buy dwelling houses closely associated with the
residential-land use rights.
3. The land use right registration offices of
the provincial/municipal Services of Natural Resources and Environment shall
adjust land use changes on the granted land use right certificates for the
cases prescribed at Point a, Clause 4, Article 41 of this Decree, where the
post-adjustment land users are organizations, religious establishments,
overseas Vietnamese, foreign organizations or foreigners.
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Article 58.- Land
statistics and inventories
1. The land statistics and inventory figures
shall be used for the following purposes:
a) Evaluating the current land use situation,
being used as bases for elaboration of land use plannings and plans, as bases
for examination of implementation of land use plannings, plans;
b) Being used as documents for natural
resource basic surveys in service of the formulation of socio-economic
development, defense, security strategies, overall plannings, plans of the
whole country, of branches and localities;
c) Publication in yearly books on national
statistics;
d) Serving the demands for use of land data
in scientific research, training and other demands.
2. Land statistics and inventories shall
comply with the provisions of Clause 1, Article 53 of the Land Law; land
statistics shall not be carried out in the land-inventorying year.
3. The Ministry of Natural Resources and
Environment shall define the contents of land statistics and inventories; forms
and tables used for land statistics and inventories; contents of current land
use maps demonstrating land inventory figures.
4. The land statistic and inventory time is
stipulated as follows:
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b) The time for land inventory shall be
January 1 of the last year of the land use plan period.
5. The time for completion and submission of
land statistical figure reports is prescribed as follows:
a) The commune, ward, district township
People's Committees shall complete and submit their local reports on land
statistical results to their immediate superior People's Committees before
January 15 of the following year;
b) The People's Committees of rural
districts, urban districts, provincial capitals or towns shall complete and
submit their local reports on land statistical results to their immediate
superior People's Committees before January 31 of the following year;
c) The provincial / municipal People's
Committees shall complete and submit their local reports on land statistical
results to the Ministry of Natural Resources and Environment before February 15
of the following year;
d) The Ministry of Natural Resources and
Environment shall complete and submit the national report on land statistical
results to the Government before March 15 of the following year.
6. The time for completion and submission of
land inventory figures is prescribed as follows:
a) The commune, ward, township People's
Committees shall complete and submit their local reports on land inventory
results to their immediate superior People's Committees before April 30;
b) The People's Committees of rural
districts, urban districts, provincial capitals or towns shall complete and
submit their local reports on land inventory results to their immediate
superior People's Committees before June 30;
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d) The Ministry of Natural Resources and
Environment shall complete and submit the national report on land inventory
results to the Government before October 31.
Chapter VI
LAND USE
RIGHTS IN REAL ESTATE MARKET
Article 59.- Land is
allowed for participation in the real estate market
1. Land with assets affixed thereto and the
land use rights, permitted for participation in the real estate market, shall
include:
a) Land for agricultural production, land
with production forests other than natural forests, which are assigned by the
State without the collection of land use levies to households, individuals;
b) Agricultural land being used stably by
households, individuals for purposes of agricultural production, forestry,
aquaculture or salt-making, with the land use rights being already recognized
by the State;
c) Agricultural land being assigned by the
State with the collection of land use levies to economic organizations,
overseas Vietnamese;
d) Agricultural land leased by the State to
overseas Vietnamese, foreign organizations or foreign individuals with the land
rents paid in lump sum for the whole leasing term;
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f) Residential land being used by households,
individuals for the purposes of building dwelling houses, with their land use
rights being already recognized by the State;
g) Non-agricultural production and/or
business land, land used for public business purposes, assigned by the State
with the collection of land use levies to economic organizations, households,
individuals, overseas Vietnamese;
h) Non-agricultural production and/or
business land, land used for public business purposes, leased by the State to
overseas Vietnamese, foreign organizations or foreigners, with the land rents
paid in lump sum for the whole leasing term;
i) Non-agricultural production and/or
business land, land used for public business purposes, being used by
households, individuals or economic organizations, with the land use rights
being already recognized by the State.
2. Land leased from the State with land rents
paid annually and with the assets affixed thereto being permitted for
participation in the real estate market shall include:
a) Perennial-tree land with tree gardens
thereon, production-forest land with forests thereon, salt-making land and
aquaculture land where infrastructures have been invested;
b) Non-agricultural production and/or
business land, land used for public business purposes, where infrastructures
have been invested or where exist constructions affixed to land.
3. The recipients of assets affixed to land
in the cases prescribed in Clause 2 of this Article shall be permitted by the
State to continue leasing the land for the remaining duration of the signed
land lease contracts.
4. Upon the expiry of the land use duration,
the persons assigned or leased land and with their land use rights recognized
by the State; persons being transferred the land use rights from other persons
as provided for in Clause 1 of this Article; the recipients of assets affixed
to land leased by the State from other persons, prescribed in Clause 2 of this
Article, if wishing to extend the land use duration, shall all be considered
for extension under the provisions of Clause 2, Article 34 of this Decree.
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Contents of operations of land use right
market in the real estate market shall include:
1. The State assigns agricultural land to
households, individuals without the collection of land use levies.
2. The State assigns land with the collection
of land use levies, leases land through auctions or at prices set by the State.
3. Households, individuals exchange,
transfer, lease, sublease, inherit or donate the land use rights; mortgage,
provide guarantee or contribute capital with the land use rights.
4. Economic organizations, overseas
Vietnamese transfer, lease or sublease the land use rights; mortgage, provide
guarantee or contribute capital with the land use rights.
5. Foreign organizations, foreign individuals
lease, sublease the land use rights; mortgage, provide guarantee or contribute
capital with the land use rights.
6. Economic organizations, overseas
Vietnamese, foreign organizations, foreigners invest in the construction of
dwelling houses for business, production and/or business establishments,
infrastructures.
7. Households, individuals, economic
organizations, overseas Vietnamese, foreign organizations, foreigners sell,
lease, donate assets affixed to land; mortgage, provide guarantee or contribute
capital with assets affixed to land; individuals, overseas Vietnamese,
foreigners bequeath assets affixed to land.
8. Overseas Vietnamese defined in Clause 1,
Article 121 of the Land Law buy dwelling houses associated with the residential
land use rights; are donated or bequeathed the land use rights and assets
affixed to land.
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Article 61.- Cases of
auction and non-auction of land use rights
1. The auction of land use rights shall apply
when the State assigns land with the collection of land use levies, leases land
or when land use right-related judgments or debt recoveries are executed,
except for the cases prescribed in Clause 2 of this Article.
2. The non-auction of land use rights shall
apply when the State assigns land with the collection of land use levies,
leases land or when land use right-related judgments or debt recoveries are
executed in the following cases:
a) Where the land is used under the provisions
of Clause 1, Article 60 of the Land Law;
b) Where economic organizations shift from
land lease to land assignment with the collection of land use levies;
c) Where the land users are permitted by
competent State agencies to change the land use purposes;
d) Where the land is put on auction but no
one participate therein or the auction fails.
Article 62.- Auction
of land use rights, biddings for projects involving land use with regard to
land funds used for creation of investment capital for construction of
infrastructure
1. The use of land funds for creation of
investment capital for construction of infrastructures shall be effected in
either of the two following forms:
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b) Bidding for construction of works and
auction of land use rights for creation of capital for construction of such
works in the same bidding packages.
2. Where the form of land use right auction
is applied for creation of capital sources in money for direct use for
investment in infrastructure construction, the following principles shall be
complied with:
a) The auction of land use rights and the
biddings for construction of works shall be carried out independently;
b) The provincial/municipal People's
Committees shall have to clearly identify the land use purposes and structure
for the land put on auction.
3. Where the form of bidding for construction
of works and auction of land use rights for creation of capital for
construction of such works in the same bidding packages is applied, the
following principles shall be complied with:
a) The point scale for marking the bids for
construction of works and the point scale for marking the land use right
auction shall be drawn up separately;
b) The provincial/municipal People's
Committees must clearly identify the land use purposes and structure for land
put to auction;
c) When using the bid-winning land, the bid
winners must draw up land use schemes to be considered and approved by
provincial/municipal People's Committees.
4. The order and procedures for auction of
land use rights, biddings for works involving land use shall comply with the
regulations promulgated by the Prime Minister.
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Article 63.- Land use
rights of State enterprises when being equitized
1. The State enterprises' land use rights
acquired from land assignment or land lease by the State, from land use right
reception, which constitute the State's property at the enterprises, must be
calculated into the value of the enterprises' assets upon their equitization.
2. The land use right value determined for
inclusion in the value of enterprises' assets upon their equitization must be
close to the actual prices of land use right transfer on the market but shall
not be lower than the land prices set by the provincial/municipal People's
Committees at the time of equitization.
3. Upon the equitization of State
enterprises, the provincial/municipal People's Committees shall have to review
the land funds being used by the enterprises, handle and grant land use right
certificates according to the provisions of Articles 49 and 52 of this Decree.
Article 64.-
Registration of secured transactions on land use rights
1. The registration of secured transactions
on land use rights shall cover the following cases:
a) Registration of mortgage of or guarantee
with the land use rights;
b) Registration of changes in contents
already registered for mortgage of or guarantee with land use rights;
c) Registration of correction of errors in
the contents of registration for mortgage of, guarantee with land use rights;
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e) Registration of results of handling the
assets mortgaged or guaranteed with the land use rights.
2. The registration requesters shall be one
of the following subjects:
a) The land use right mortgagor or mortgagee;
b) The land use right guarantor or guarantee;
c) The new mortgagor or the new mortgagee in
case of changing either of the parties prescribed at Point a of this Clause;
d) The new guarantor or the new guarantee in
case of changing either of the parties prescribed at Point b of this Clause;
e) The persons authorized by one of the
parties to the mortgage or guarantee contracts under civil law provisions.
3. Agencies performing the registration of
secured transactions of land use rights shall be land use right registration
offices.
4. Principles for registration of secured
transactions on land use rights are prescribed as follows:
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The parties to the mortgage or guarantee
contracts must bear responsibility for the registered contents.
b) The registration offices must make
accurate registrations according to the contents of the applications and the
mortgage or guarantee contracts;
c) The registration of secured transactions
of land use rights shall be acknowledged in the cadastral dossiers and the land
use right certificates without granting other certificates of secured
transaction registration;
d) Information on registration of secured
transactions of land use rights shall be supplied to all organizations and
individuals that have demands therefor;
e) The registration of secured transactions
of land use rights shall be legally valid under civil law provisions.
5. The land use right value in secured
transactions shall be determined according to the following regulations:
a) The land use right value in cases where
households, individuals are assigned agricultural land by the State without the
collection of land use levies shall be determined according to land prices set
by the provincial/municipal People's Committees without subtracting the land
use right value for the duration when the land was used;
b) The land use right value for other cases
than those prescribed at Point a of this Clause shall be agreed upon by the
parties engaged in the secured transaction.
6. The registration requesters, the
requesters for information on secured transactions of land use rights must pay
charges and fees according to law provisions.
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1. For land being leased, mortgaged, provided
as guarantee or contributed as capital, which is recovered by the State under
the provisions of Clause 1, Article 38 of the Land Law, the land lease
contracts, the contracts on mortgage of, provision of guarantee or contribution
of capital with, the land use rights shall terminate. The land lessees, the
mortgagees, the guarantees or the contributed capital receivers shall be
compensated according to civil law provisions by the persons whose land was
recovered.
2. For land being leased or contributed with
land use rights as capital without formulating new legal persons but falling
into the cases of land recovery as prescribed in Clauses 3, 4, 9, 11 and 12 of
Article 38 of the Land Law, the land lease contracts, the contracts on capital
contribution with the land use rights shall terminate and the land recovery
shall be carried out under the following regulations:
a) Where the land lessors or capital
contributors with the land use rights commit acts of violating land
legislation, the State shall recover the land. The land lessors or the capital
contributors with the land use rights must pay damages to the land lessees, the
receivers of capital contributed with the land use rights according to civil
law provisions;
b) Where the land lessees or the receivers of
capital contributed with the land use rights commit acts of violating land
legislation, the State shall not recover the land but recover the land use
right value. The land lessees, the receivers of capital contributed with the
land use rights must pay to the State money amounts equivalent to the land use
right values calculated at the land prices set by the provincial/municipal
People's Committees at the time of money payment and must pay damages to the
land lessors or capital contributors with the land use rights according to
civil law provisions.
3. For land being mortgaged, provided as
guarantee with the land use rights and falling into the cases of land recovery
under the provisions of Clauses 3, 4, 9, 11 and 12 of Article 38 of the Land
Law, the State shall recover the land; the contracts on mortgage or guarantee with
the land use rights shall terminate and the repayment of loans shall be handled
according to the following regulations:
a) In case of mortgage, the mortgagors must
repay the loans to the mortgagees according to civil law provisions;
b) In case of guarantee, the guaranteed must
repay the loans to the guarantees according to the signed credit contracts; if
the guaranteed is incapable of repaying the loans, the guarantors must repay
loans to the guarantees according to civil law provisions.
4. For land being leased, mortgaged, provided
as guarantee or capital contribution with the land use rights by land users
being individuals without formulating new legal persons and such individuals
die without any heirs, the State shall recover the land; the land lease
contracts, the mortgage contracts, the guarantee contracts, the contracts on
capital contribution with the land use rights shall terminate and the land use
rights shall be handled as follows:
a) In case of land lease, the land lessees
shall be leased land by the State for the remaining duration of the signed land
lease contracts;
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c) In case of mortgage with the land use
right, the People's Committees which have granted the land use right
certificates shall organize land use right auction in oder to pay loans to the
mortgagees according to the signed mortgage contracts; if the mortgaged land
use right value determined through auctions is smaller than loans, the
mortgagees can only receive the money amounts equivalent to the mortgaged land
use right value;
d) In case of guarantee with the land use
rights, the guaranteed must repay loans to the guarantees under the signed
credit contracts; if the guaranteed is incapable of repaying the loans, the
People's Committees which granted the land use right certificates shall
organize land use right auctions for repayment of loans to the guarantees under
the signed guarantee contracts; if the guaranteed land use right value
determined through auctions is smaller than the loans, the guarantees can
receive only money amounts equivalent to the guaranteed land use right value.
Article 66.- Floors
for transaction of land use rights, assets affixed to land
1. The transaction floor on land use rights,
assets affixed to land are the places where the following activities are
carried out:
a) Recommending persons who have the demands
to transfer or to be transferred, the land use rights, assets affixed to land;
b) Recommending persons who have the demands
to rent, to lease, sublease the land use rights, assets affixed to land; to
mortgage, provide guarantee or contribute capital with the land use rights,
assets affixed to land;
c) Recommending places for investment,
provision of information on land use plannings, plans, land prices, legal
status of land use rights and assets affixed to land, other information on land
and assets affixed to land;
d) Organizing sessions of transaction on land
use rights, assets affixed to land;
e) Organizing auctions of land use rights,
assets affixed to land at requests.
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Article 67.-
Management of land information provision services
1. Land information shall include information
on land plots, land use rights, assets affixed to land and the exercise of land
users' rights shall be publicly provided for requesters.
2. The land use right registration offices
are the sole bodies permitted to provide legally valid information on land
plots and land users.
3. The Ministry of Natural Resources and
Environment shall guide the management of land information provision services.
Chapter VII
AGRICULTURAL
LAND USE REGIME
Article 68.- Regime
on use of other agricultural land
1. Other agricultural land prescribed at
Point e, Clause 4, Article 6 of this Decree shall be leased by the State to
households, individuals; assigned by the State without land use levy collection
to households, individuals directly engaged in agricultural productions in
communes, wards or district townships where exists the land; assigned by the
State with land use levy collection or leased to economic organizations engaged
in agricultural production.
Users of land cultivated with annual crops
other than land specialized in water rice, perennial trees, production forest
land may register to change the purposes of using the land into other
agricultural land, enclosed with schemes for production on other agricultural
land. In case of changing from water rice land to other agricultural land, the
permission of a competent State body is required.
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a) The land assignment duration for
households, individuals shall be fifty (50) years;
b) The land lease duration for households,
individuals shall not exceed fifty (50) years;
c) The land assignment or lease duration for
economic organizations shall be the duration determined in projects but shall
not exceed the duration prescribed in Clause 3 of Article 67 of the Land Law.
3. The other agricultural land use duration
for cases of changing the use purposes from annual-crop land, perennial tree
land or production-forest land shall be the land use duration of the land
categories before the land use purpose changes.
4. The quotas of other agricultural land
assignment to households, individuals shall be calculated in the land
assignment quotas prescribed in Clause 4, Article 70 of the Land Law and
Article 69 of this Decree.
Article 69.-
Agricultural land assignment quotas
1. The annual-crop land, aquaculture land,
salt-making land assignment quotas for each household or individual shall not
exceed three (3) hectares for each land category for the provinces and centrally
run cities in the Eastern South Vietnam and the Mekong river delta region; and
shall not exceed two (2) hectares for each land category for other provinces
and centrally run cities.
2. The assignment quotas of annual-crop land,
perennial-tree land, forest land, aquaculture land, salt-making land in buffer
zones of special-use forests for each household or individual shall comply with
the provisions of Article 70 of the Land Law and Clause 1 of this Article.
3. For agricultural land areas being currently
used by households, individuals, which are located outside the communes, wards
or district townships of their permanent residence registration, such
households or individuals may continue using such land; if it is the land
assigned without the collection of land use levies, it may be calculated into
the agricultural land assignment quotas of each household or individual.
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4. The provincial/ municipal People's
Committees shall prescribe the quotas of assignment of unused land, bare hill
and mountain land, unused water surface land to households, individuals for
putting to use under plannings, which, however, must not exceed the land
assignment quotas prescribed in Clause 5, Article 70 of the Land Law.
5. Agricultural land areas of households,
individuals, which have been acquired due to transfer, lease, sublease,
bequeathal, donation of land use right, reception of capital contribution with
the land use rights from other persons, land contracted or leased by the State
shall not be calculated into agricultural land assignment quotas prescribed in
Clauses 1 and 2 of this Article.
Article 70.-
Assignment of land for agricultural production, forestry, aquaculture, salt
making to households, individuals
1. Households, individuals that had been
assigned agricultural land before July 1, 2004 may continue using the land for
the remaining land assignment duration.
2. For localities where land has not been
assigned for agricultural production, forestry, aquaculture, salt making to
households, individuals according to the provisions of land legislation, the
People's Committees of communes, wards or townships where exists the land shall
draw up schemes proposing the People's Committees of rural districts, urban
districts, provincial capitals or towns to assign agricultural land to
household members living mainly on agricultural production, forestry,
aquaculture, salt making and permanently residing in the localities, including
people who are performing the military service obligations.
The commune, ward, township People's
Committees shall consider and include in the schemes on land assignment to
households, individuals having demands to use agricultural land for production
the following subjects:
a) Persons with main subsistence sources
coming from agricultural production, forestry, aquaculture and/or salt making,
who are certified by commune, ward or district township People's Committees as
permanent residents in the localities but having not yet had their permanent
residence registration;
b) Households and individuals, that were
previously engaged in non-agricultural production and business lines and have
had permanent residence registration in the localities but are now unemployed;
c) State officials and employees, workers and
army men, who leave their jobs due to working capacity loss or to production
reorganization, staff streamlining, enjoy lump-sum allowances or allowances for
several years and return to reside in the localities;
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3. The assignment of land for agricultural
production, forestry, aquaculture, salt making to households, individuals shall
be carried out under the following principles:
a) Boosting production development and rural
stability on the basis of the current situation;
b) Right subjects, fairness and avoidance of
land field division.
Article 71.-
Settlement of cases of excessive assignment of agricultural land
Basing themselves on the agricultural land
assignment quotas prescribed in Article 70 of the Land Law and the provisions
of Article 69 of this Decree, the commune, ward or township People's Committees
shall revise and list the households and individuals with agricultural land
areas assigned in excess of the prescribed quotas and report thereon to the
People's Committees of rural districts, urban districts, provincial capitals or
towns for land lease according to the following regulations:
1. Households using agricultural land areas
assigned in excess of the prescribed quotas before January 1, 1999 shall be
allowed to continue using such land for a duration being equal to half of the
land assignment duration prescribed in Clause 1, Article 67 of the Land Law,
then shift to lease the land.
2. Households using agricultural land areas
assigned in excess of the prescribed quotas between January 1, 1999 and before
July 1, 2004 and having already shifted to lease land shall be allowed to
continue leasing such land for the remaining duration of the land lease terms
inscribed in the land lease contracts; in cases where they have not yet shifted
to lease land, they must shift to lease land as from July 1, 2004 and the land
lease term shall be the remaining duration of such land assignment duration.
3. Individuals using agricultural land areas
assigned in excess of the prescribed quotas before July 1, 2004 must shift to
lease land as from July 1, 2004; the land lease term shall be the remaining
duration of such land assignment duration.
Article 72.- Use of
protective forest land, special-use forest land
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The protective forest-managing organizations
and special-use forest-managing organizations shall contract protective-forest
land or special-use forest land for forest protection, zoning off for
regeneration according to the Government's regulations.
2. The protective forest-managing
organizations and the special-use forest- managing organizations shall have the
following rights and obligations:
a) The rights and obligations prescribed in
Articles 105 and 107 of the Land Law;
b) To use land in combination with other
purposes according to law provisions on forest protection and development.
3. Organizations, households and individuals,
that are assigned protective forest land in areas where the protective
forest-managing organizations are not yet available and land planned for
protective forest planting for forest protection and development shall have the
rights and obligations prescribed in Clause 2 of this Article.
4. Organizations, households and individuals,
that are assigned or leased land in buffer zones of special-use forests for use
for the purposes of forestry production, research, experiment or for use in
combination with defense, security according to the regulations on protection
and development of forests of buffer zones, shall have the rights and
obligations prescribed in Clause 2 of this Article.
5. Population communities which are assigned
by the State protective forests according to the provisions of the Law on
Forest Protection and Development, shall be assigned protective-forest land for
forest protection and development; and have the rights and obligations as
provided for by the Law on Forest Protection and Development.
Article 73.-
Contracting of land used for purposes of agricultural production, forestry,
aquaculture, salt making in State enterprises
The contracting of land used for purposes of
agricultural production, forestry, aquaculture, salt making is stipulated as
follows:
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2. The contracted parties shall be
organizations, households and individuals, that are contracted land for the
purposes of agricultural production, forestry, aquaculture and/or salt making.
3. The rights and obligations of the
contracting parties and the contracted parties shall comply with the
Government's regulations.
Article 74.-
Agricultural land used for public-utility purposes of communes, wards or
district townships
1. The agricultural land funds used for
public-utility purposes of communes, wards or townships shall be used for the
following purposes:
a) Construction of public facilities of
communes, wards or townships, including cultural works, physical training,
sport, entertainment, public recreation, medical, educational works,
marketplaces, cemeteries, graveyards and other public works as provided for by
the provincial/municipal People's Committees;
b) Compensation to persons who possess land
used for construction of public works prescribed at Point a of this Clause;
c) Construction of gratitude houses.
2. For land areas not yet used for the
purposes defined in Clause 1 of this Article, the commune, ward or township
People's Committees shall lease them to households and individuals in the
localities for agricultural production, aquaculture in form of auction for
contracts. The land use duration for each lease shall not exceed five (5)
years.
Article 75.- Land
used for farm economy
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a) Land for cultivation of annual crops,
perennial trees, production forest land, aquaculture land, salt making land,
land for construction of cattle, poultry and other law-permitted animal shelters
and farms; land for construction of greenhouses and other types of house in
service of cultivation including forms of cultivation not directly on land;
plant nursery and animal breeding land;
b) Land for construction of intra-farm
passages, canals and ditches;
c) Land for construction of establishments
for animal feeds processing, agricultural, forestry, fishery, salt product
processing; land for construction of drying yards, storehouses; land for
construction of service establishments in direct service of agricultural
production, forestry, aquaculture, salt making; land for construction of
lodging houses for laborers and farm guards.
2. Households and individuals using land for
farm economy must use land for the right set purposes; in case of changing the
purposes of using assorted land, they must work out schemes on production
and/or business in association with land use and submit them to the People's
Committees of rural districts, urban districts, provincial capitals or towns
for consideration and approval, must register the land use purpose changes and
pay land use levies according to law provisions.
Article 76.-
Agricultural land used by population communities
1. Ethnic minority population communities
that are using agricultural land in accordance with their customs and practices
shall be allowed to continue using the land.
2. Ethnic minority population communities
wishing to use agricultural land for the conservation of their respective
ethnic traits shall be considered for land assignment without land use levy
collection by People's Committees of rural districts, urban districts,
provincial capitals or towns.
3. The agricultural land assignment duration
shall comply with the provisions of Clause 1, Article 67 of the Land Law.
4. The agricultural land-using population
communities defined in Clauses 1 and 2 of this Article shall be granted the
land use right certificates.
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Article 77.- Land
with inland water surfaces covering areas of many provinces, centrally-run
cities
1. Ministry of Fisheries shall decide to set up
the Management Boards for management and exploitation of lakes, lagoons
covering areas of many provinces, centrally-run cities.
2. The provincial/municipal People's
Committees shall decide on assignment of land with lake, lagoon water surfaces
in their respective localities to the Management Boards.
3. The Management Boards may contract the
water surfaces to economic organizations, households and individuals for use
for aquaculture, exploitation of aquatic resources or in combination with
ecological tourism.
4. Persons using water surfaces for
aquaculture and aquatic resource exploitation must protect the environment and
landscapes.
Chapter VIII
NON-AGRICULTURAL
LAND USE REGIME
Article 78.- Other
non-agricultural land use duration
The duration for use of other
non-agricultural land defined at Point f, Clause 5, Article 6 of this Decree is
stipulated as follows:
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a) Land where exist worshiping works,
museums, conservatories, art works display houses, cultural and art creation
establishments and other private non-business constructions and those works are
not affixed to residential land;
b) Land prescribed at Point b, Clause 2 of
this Article, which is assigned by the State to public non-business units.
2. The duration prescribed at Clause 3,
Article 67 of the Land Law shall apply to the following cases:
a) Land for construction of makeshifts, huts
and camps for rural farm laborers;
b) Land for construction of greenhouses and
houses of other types in service of cultivation including forms of cultivation
not directly on land, construction of cattle, poultry and other law-permitted
animal shelters and farms, construction of agricultural, forestry, fishery
research stations, construction of plant nurseries and animal breeding
establishments, construction of warehouses and/or depots of farm products,
plant protection drugs, fertilizers, machinery, production tools in rural areas
other than the land assigned to public non-business units.
Article 79.- Quotas
of residential land assigned to households, individuals
The quotas of residential land assigned to
households, individuals, prescribed in Clause 2, Article 83 and Clause 5,
Article 84 of the Land Law shall apply only when the State assigns residential
land to households and individuals as from July 1, 2004 and the cases where the
State grants the land use right certificates, prescribed in Clause 5, Article
87 of the Land Law.
Article 80.-
Residential land with gardens, ponds and agricultural land with gardens, ponds
in population areas
1. Persons who use land where exist gardens,
ponds, falling into the cases prescribed in Clause 5, Article 87 of the Land
Law, when being granted the land use right certificates, must pay the land use
levies as provided for in Clause 6, Article 50 of the Land Law for the land
areas determined as residential land.
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3. Where residential-land users have been
granted the certificates of the rights to use land or residential land already
determined under the provisions of Article 87 of the Land Law and wish to
expand their residential land areas, they must ask for permission to change
land use purposes and pay land use levies, except for the case prescribed of
Clause 1, Article 45 of this Decree.
In case of expanding the residential land
areas in urban population quarters, apart from the application for permission
to change land use purposes and payment of land use levies, such expansion must
also be compliant with the provisions of Clause 5 of this Article.
4. After the residential land areas are
determined under the provisions of Clauses 1, 2 and 3 of this Article, the
remaining land areas shall be determined according to the present land use
situation.
5. Basing themselves on the approved urban
construction plannings, the provincial/municipal People's Committees shall
prescribe the land areas permitted for construction of dwelling houses on the
land plots where exist gardens, ponds in compatibility with urban landscape.
Persons using agricultural land with gardens,
ponds for construction of dwelling houses must apply for permission to change
the land use purposes and pay the land use levies.
The People's Committees of rural districts,
urban districts, provincial capitals or towns shall base on the urban
construction plannings or rural population quarter construction plannings, the
portions of land areas permitted for construction of dwelling houses as
provided for in this Clause and the practical demands of land users to consider
and permit the land use purpose changes.
6. Agricultural land with gardens, ponds in
population quarters, prescribed in Clause 4 of this Article constitutes sources
of supplement for residential land.
Article 81.- Land
with projects on construction of dwelling houses for sale, which are executed
by overseas Vietnamese, foreign organizations, foreigners
1. Purchasers of dwelling houses associated
with the right to use residential land under investment projects on construction
of dwelling houses for sale, which are executed by overseas Vietnamese, foreign
organizations or foreigners shall be granted the long-term stable land use
right certificates.
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a) The land use levies are calculated at the
land prices set by the provincial/ municipal People's Committees at the time of
payment of the differences;
b) For villas, the difference amounts must be
paid at the time of selling the houses;
c) For condominiums, the difference amounts
must be paid at the time of project completion at the latest.
Article 82.- Land
used for urban renovation, development and rural population quarters
1. The land areas to be recovered for urban
renovation or development and rural population quarters must be reflected in
the detailed land use plannings, detailed land use plans, must be specifically
determined and publicized at the population quarters where land shall be
recovered at the time and within the time limit for announcement of the
detailed land use plannings, prescribed in Article 27 of this Decree.
For the plannings on expansion or
construction of urban traffic roads and rural population quarters, the land
areas used for road construction and the land areas along road sides, which
shall be recovered for land fund exploitation, landscape creation and
environmental protection.
2. For the land areas to be recovered for
execution of plannings on urban renovation or development, rural population
quarters but the recovery decisions have not yet been issued, the current land
users may continue using such land for the right set purposes, must not change
the land use purposes and must not build new works or expand the existing ones;
in cases where they have the demands for repairs, they must strictly abide by
the law provisions on construction regarding the planned areas.
Article 83.- Land
used for defense, security purposes
1. Land used for defense, security purposes
is the land of categories specified at Points a, b, c, d, e, f, g, h, i and j,
Clause 1, Article 89 of the Land Law and land in the areas exclusively assigned
by the Government to the Ministry of Defense or the Ministry of Public Security
for management, protection and use.
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3. The defense or security land users are
defined as follows:
a) Units attached to the Ministry of Defense
or the Ministry of Public Security shall be the land users with regard to land
where the units are stationed, except for the case prescribed at Point c of
this Clause; land used as military bases; land for construction of national
defensive works, battle fields and special defense or security works;
official-duty building of the people's armed forces; land in the areas
exclusively assigned by the Government to the Ministry of Defense or the
Ministry of Public Security for management, protection and use;
b) Direct land-using units are land users
with regard to land used for construction of military stations or ports; land
used for construction of industrial, scientific and technological works in
direct service of defense or security; land used for construction of
storehouses of the people' armed forces; land used as shooting fields, drill
fields, weapon-testing grounds, weapon-destroying grounds; land used for
construction of schools, hospitals, sanatoriums of the people's armed forces;
land used for construction of detention camps, education camps, reformatories,
which are managed by the Ministry of Defense or the Ministry of Public Security;
c) The Military Commands of the provinces or
centrally run cities; the Military Commands of rural districts, urban
districts, provincial capitals or towns; the Police Departments of the
provinces or centrally run cities; the Police Offices of the rural districts,
urban districts, provincial capitals or towns; the Police Offices of wards,
townships, the border posts shall be the land users with regard to the land
used for construction of their working offices.
4. Land used for defense or security purposes
must be used for the right set purposes. For land areas left unused or used for
wrong purposes, the provincial/municipal People's Committees shall notify the
land-using units to put the land to use for the right purposes; 12 months after
being notified, if the land-using units fail to address the situation in order
to put the land to use for the right purposes, the provincial/municipal
People's Committees shall recover the land for assignment to other persons for
use.
5. In case of changing the use purposes
within the defense or security land according to the approved plannings, plans
on the use of land for defense or security purposes, the land-using units must
file their applications for land use purpose changes at the
provincial/municipal Services of Natural Resources and Environment, enclosed
with the written comments of the Ministry of Defense or the Ministry of Public
Security.
6. Land which is being used by people's armed
force units but is not covered by the approved plannings on land use for defense
or security purposes must be handed over to localities for management.
For the land areas used by families of
officers or combatants of people's armed force units for construction of
dwelling houses in conformity with the approved land use plannings or plans,
the residential land users shall be granted the land use right certificates and
must fulfill the financial obligations according to law provisions.
For the land used for the purposes of
non-agricultural production and/or business, it must be used by defense or
security enterprises and must be shifted to form of land assignment with the
collection of land use levies according to production and/or business plans
already approved by the Ministry of Defense or the Ministry of Public Security;
the land use purposes and durations must be determined in the production and/or
business plans; the defense or security enterprises shall be granted the land
use right certificates.
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Article 84.-
Industrial park land
1. For industrial parks established on the
land which was previously assigned or leased by the State for production and/or
business, the land users may opt for the following use forms:
a) Continuing to retain the form of land
assignment or land lease by the State; economic organizations, overseas
Vietnamese, that have been leased land by the State, may shift to form of land
assignment with the collection of land use levies if they so wish;
b) Subleasing land from enterprises, which
have invested in the industrial park infrastructure construction and business.
The land use levy amounts or the land rents paid in advance to the State by
land users shall be calculated into the money amounts payable to the State by
the enterprises investing in the industrial park infrastructure construction
and business and subtracted from the land rents, rentals of industrial park
infrastructures of investors in industrial park infrastructure construction and
business according to their mutual agreement.
2. Persons having the need to use land in
industrial parks may be transferred the land use rights, leased or subleased
industrial park land of enterprises which invest in industrial park
infrastructure construction and business according to the following
regulations:
a) Economic organizations, households and
individuals may be transferred the rights to use land or lease land of
enterprises which have invested in industrial park infrastructure construction
and business and been assigned land by the State with the collection of land
use levies;
b) Overseas Vietnamese, foreign
organizations, foreigners may lease land of enterprises which have invested in
industrial park infrastructure construction and business and been assigned land
by the State with the collection of land use levies;
c) Economic organizations, households,
individuals, overseas Vietnamese, foreign organizations, foreigners may
sublease land of enterprises which have invested in industrial park infrastructure
construction and business and been leased land by the State.
3. People having the need to use land in
industrial parks invested with capital from the State budget sources shall be
assigned land by the State with the collection of land use levies or be leased
land according to the following regulations:
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b) Foreign organizations, foreigners shall be
leased land by the State.
4. Users of industrial park land, including
the case of land sublease, shall be granted the land use right certificates.
5. The industrial park land use duration
shall comply with the investment project duration already approved by competent
State agencies.
Where the investment project duration is
longer than the remaining industrial park land use duration, the enterprises
which invest in industrial park infrastructure construction and business must
apply for competent State agencies' permission to adjust the land use duration
properly but the total land use duration shall not exceed seventy (70) years
and must pay land use levies or land rents for the land areas permitted for
extension of use duration.
6. When elaborating detailed plannings on
construction of industrial parks, the provincial/municipal People's Committees
shall base on the present conditions of population quarters in the localities,
the housing demands of laborers working in industrial parks to arrange land funds
for condominiums, cultural, social or service works outside the industrial
parks in service of the daily life of laborers working in the industrial parks
in conformity with the local general plannings.
Article 85.- Hi-tech
park land
1. The hi-tech park management boards shall
formulate the general detailed land use plannings, the general detailed land
use plans for the entire hi-tech parks and submit them to the
provincial/municipal People's Committees of the localities where exists the
land for consideration and approval.
The provincial/municipal People's Committees
shall assign land once to hi-tech park management boards for hi-tech park
construction and development according to the approved plannings. The hi-tech
park management boards may re-assign land in form of land assignment without
the collection of land use levies, land assignment with the collection of land
use levies or land lease according to the provisions of Clause 2 of this
Article.
2. The hi-tech park management boards shall
re-assign or lease land according to the following regulations:
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Persons assigned land without the collection
of land use levies, land lessees exempt from land rent payment are entitled to
sell, lease, mortgage, provide guarantee or contribute capital with assets
invested on land; must not transfer, lease or sublease, mortgage, provide
guarantee or contribute capital with the land use rights;
b) Assigning land with the collection of land
use levies or leasing land, for organizations, individuals, overseas
Vietnamese; leasing land, for foreign organizations, foreigners for
business-construction of hi-tech park infrastructures, workshops,
establishments providing hi-tech services, manufacturing and trading in hi-tech
products, welfare services, construction of dwelling houses for rent.
3. Hi-tech park land users may be transferred
the land use rights, leased land, subleased land by hi-tech park development
enterprises or infrastructure development enterprises according to the
following regulations:
a) Where hi-tech park development enterprises
or infrastructure development enterprises are assigned land with land use levy
collection, the economic organizations, individuals, overseas Vietnamese may be
transferred the land use rights, leased land; foreign organizations, foreign
individuals may be leased land;
b) Where hi-tech park development enterprises
or infrastructure development enterprises are leased land by hi-tech park
management boards, persons having the demands to use land in hi-tech parks may
sublease land of hi-tech park development enterprises or infrastructure
development enterprises.
4. Hi-tech park land users must use the land
for the right purposes inscribed in the land assignment decisions or land lease
contracts.
5. Organizations and individuals, that are
re-assigned or leased land by hi-tech park management boards for investment in
the construction of dwelling houses, shall only have the right to lease the
constructed dwelling houses.
Article 86.- Economic
zone land
1. The economic zone management boards shall
elaborate detailed land use plannings, detailed land use plans as provided for
in Clause 8, Article 15 of this Decree, which must clearly determine the land
use boundaries between non-tariff areas and tariff areas and submit them to the
provincial/municipal People's Committees of the localities where exists the
land for consideration and approval.
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2. The provincial/municipal People's
Committees shall assign land to economic zone management boards for
construction of economic zones according to the following regulations:
a) Assigning land once to economic zone
management boards for construction of non-tariff areas; industrial parks in
tariff areas of the economic zones;
b) Assigning land under the approved detailed
land use plans of economic zones for the to be- recovered remaining land
acreages of the tariff areas.
3. The economic zone management boards shall
have effect the compensations and ground clearance for the land areas recovered
by competent State bodies for assignment to them before re-assignment or lease
of land. The economic zone management boards may assign land with the
collection of land use levies, assign land without the collection of land use
levies or lease land to persons having the demand to use land according to the
provisions of land legislation.
The duration of land use for production
and/or business in economic zones shall not exceed seventy (70) years.
4. The economic zone management boards shall
decide on the land use levy levels, land rents, land use levy or land rent
exemption or reduction levels according to each project in order to ensure
investment promotion on the basis of land prices decided by
provincial/municipal People's Committees, for cases of land re-assignment, land
lease without going through land use right auction or biddings for projects
involving land use.
5. Economic zone land users may invest in the
commercial construction of dwelling houses, infrastructure, may conduct
production, business, service activities and have the rights and obligations
corresponding to form of land assignment or land lease under the provisions of
land legislation.
6. The economic zone management boards shall
perform the task of formulating detailed land use plannings, detailed land use
plans, re-assign or lease the recovered land; other tasks on management of land
in economic zones, performed by administrative agencies of all levels according
to the provisions of land legislation.
Article 87.- Land for
execution of build-transfer (BT) projects and build-operate-transfer (BOT)
projects
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The project transfer time limit must strictly
comply with the time limits inscribed in the investment projects already
considered and approved by competent State bodies or the time limit permitted
by competent State agencies for extension. Where past the transfer time limit
the investors still fail to transfer the projects, they must rent land of the
State and the land lease time shall be counted from the time of ending the
duration of construction of works under the approved projects.
2. The State shall assign land or lease land
to investors for execution of build-operate-transfer (BOT) projects; the
investors shall enjoy land use levy or land rent exemption or reduction
according to the Government's regulations.
3. Persons being transferred the works for
use and exploitation shall be assigned or leased land or assigned for
management the land areas where exist such works under the provisions of land
legislation.
Article 88.- Land of
small industrial clusters, craft villages
1. The People's Committees of rural
districts, urban districts, provincial capitals or towns shall direct the
elaboration of, and consider and approve detailed land use plannings or plans
together with plannings on construction of rural population quarters, small
industrial clusters and/or craft villages in conformity with production
development and environmental protection requirements.
2. Land in traditional craft villages shall
be prioritized for use for purposes of expanding non-agricultural production
and/or business establishments and waste treatment establishments; the land use
purpose changes, if any, must be permitted by the People's Committees of rural
districts, urban districts, provincial capitals or towns, the land users shall
enjoy land use levy exemption or reduction according to the Government's
regulations.
3. The regime of using land in small
industrial clusters shall be the same as the regime of using land in industrial
parks, provided for in Article 90 of the Land Law and Article 84 of this Decree.
Article 89.- Land
used for mineral activities
1. Organizations and individuals licensed to
explore and/or exploit minerals shall be leased land by the State; where the
mineral exploration does not affect the land use or the mineral exploitation
does not affect the surface soil layers or does not affect land surface, they
shall not have to lease land.
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3. The People's Committees of the levels
competent to lease land and to license the mineral exploration and/or
exploitation shall grant licenses simultaneously with decisions on the land
lease.
In cases where People's Committees are
competent to lease land but not competent to license the mineral exploration
and/or exploitation, the decisions on land lease shall be made after the
persons wishing to use land have been already licensed to explore and/or
exploit minerals.
4. Persons using land for mineral activities
must apply measures to protect the environment, treat wastes and other measures
so as not to cause damage to land users in the regions and vicinities; upon the
completion of mineral exploration and/or exploitation, the land users shall
have to return the land in the state prescribed in the land lease contracts.
Article 90.- Land
used for exploitation of raw materials for production of bricks, tiles, pottery
articles
1. Uncultivated hilly land, mounds, waste
land stretches, land in the beds of rivers, ponds or lakes which need to be
dredged, riparian land, land by canal banks not used for agricultural production,
land of unused levees, thrown-away earth from field improvement must be made
full use of for exploitation of raw materials for production of bricks, tiles,
pottery articles.
2. It is strictly forbidden to exploit land
of the following categories for use as raw materials for production of bricks,
tiles, pottery articles:
a) Land with historical-cultural relics,
scenic places, which have been classified or protected under decisions of
provincial/municipal People's Committees;
b) Land lying within works safety protection
corridors.
3. Grounds for competent State agencies to
decide on lease of land for exploitation of raw materials for production of
bricks, tiles or pottery articles shall include:
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b) Land use demands compatible with
investment projects or production capacity of establishments manufacturing
bricks, tiles or pottery articles;
c) The approved land use plannings, plans.
4. In the course of using land for
exploitation of raw materials for production of bricks, tiles or pottery
articles, the land users must apply appropriate technological measures to
rationally exploit and economically use land; apply necessary measures so as
not to cause damage to production and life of nearby land users and not
adversely affect the environment.
Article 91.- Land
used for public purposes
1. Persons using land for construction of
public works for business purposes shall be assigned land by the State with the
collection of land use levies or leased land, be entitled to land use levy or
land rent exemption or reduction according to the Government's regulations.
2. Persons using land for construction of
public works for non-business purposes shall be assigned land by the State
without the collection of land use levies.
3. The State shall assign land for management
without granting the land use right certificates in the following cases:
a) Land for construction of traffic works,
bridges, sluices, pavements, ferries; water supply systems, water drainage
systems, irrigation work, dike and dam systems; public squares, monuments,
memorials;
b) Land used for public purposes, assigned to
commune, ward, township People's Committees for management.
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Article 92.- Land for
construction of public works with safety protection corridors
1. For land of public work safety protection
corridors already decided by competent State agencies, of which the surface is
not used by such works, the land shall only be rented during the construction
of the works.
2. Based on the regulations on work
protection corridor scope, promulgated by competent State agencies, the
organizations directly managing the works with safety protection corridors
shall have to assume the prime responsibility for, and coordinate with the
People's Committees of the localities where exist the works in, elaborating
plans on implanting boundary markers identifying the specific safety protection
corridors and submit them to the provincial/municipal People's Committees of
the localities where exist the works for approval; and at the same time notify
the People's Committees at various levels in localities where exist the works
thereof for coordination in protection of the work safety corridor.
3. Within thirty (30) working days as from
the date the provincial/municipal People's Committees approve the plans on
implanting boundary markers to determine the safety protection corridors, the
organizations directly managing the works with safety protection corridors
shall have to assume the prime responsibility for, and coordinate with the
People's Committees of rural districts, urban districts, provincial capitals or
towns, the People's Committees of the communes, wards or townships, where exist
the works, in, publicizing the boundaries of work safety protection corridors
and implanting boundary markers on the field, handing over boundary markers to
the People's Committees of communes, wards or townships where exist the works
for management.
4. The organizations directly managing works
with safety protection corridors shall have to assume the prime responsibility
for, and coordinate with the commune, ward or township People's Committees and
the Natural Resources and Environment Sections of the localities where exist
the works in, revising the current land use situation within the work safety
protection corridors in order to propose competent State agencies to settle
according to the following regulations:
a) In cases where the land use affects the
works safety protection or where the works' operations directly affect the
lives and health of land users, the agencies functioning to perform the State
management over the works shall appraise the impact extents and if the land
must be recovered, propose the competent People's Committees to decide to
recover such land. Persons having land recovered shall be compensated, and
supported with land and assets affixed to land, which had existed before the
publicization of work safety corridors according to law provisions.
In cases where the land use affects the work
safety protection, the work owners and land users must apply remedial measures.
The work owners must take responsibility for such remedy; if it cannot be
remedied, the State shall recover the land and the persons having their land
recovered shall be compensated, supported and resettled according to law
provisions;
b) Where the land use is not prescribed at
Point a of this Clause, the current land users may continue using the land for
the right set purposes and must comply with the regulations on work safety
protection;
c) Land in the work safety corridors shall be
issued the land use right certificates according to the provisions of Articles
44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54 and 55 of this Decree, except for case
of relocation or recovery with the decisions thereon having been already
issued.
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5. Agencies or organizations directly
managing works with safety protection corridors shall take the prime
responsibility for the work safety protection. Where the work safety protection
corridors are illegally encroached upon, occupied or used, they must promptly
report thereon to, and request the People's Committees of communes, wards,
district townships, where exist the work safety protection corridors, to handle
such cases.
6. The presidents of the People's Committees
at all levels in the localities where exist works with safety protection
corridors have the following responsibilities:
a) To detect and handle in time cases of
illegally encroaching upon, occupying and using land areas in the work safety
protection corridors; prevent in time the illegal construction of works on work
safety protection corridor land; compel the violators to restore the
pre-violation status of land;
b) To coordinate with agencies or
organizations which directly manage the works in propagating and disseminating
legislation on work safety protection; coordinate with such agencies or organizations
in publicizing boundaries of work safety protection corridors;
c) In case of letting the illegal
encroachment, occupation or use of land in the work safety protection corridors
occur in their localities, the presidents of the People's Committees must
jointly bear the responsibility therefor according to law provisions.
Article 93.- Land
with historical-cultural relics, scenic places
1. Land with historical-cultural relics
and/or scenic places, which have been classified or protected under decisions
of provincial/municipal People's Committees, must be strictly managed according
to the following regulations:
a) For historical-cultural relics, scenic
places directly managed by organizations, households, individuals or population
communities, the managers shall take the prime responsibility for the
management of land on which exist the historical-cultural relics, scenic places
according to law provisions on cultural heritages.
Where such land is encroached upon or
occupied or the relics owners use the land not for the right purposes and in
contravention of law, the People's Committees of the communes, wards or
townships where exists the land shall have to detect, prevent and handle such
in time;
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Where the land is encroached upon, occupied
or used not for the right purposes, used in contravention of law, the
presidents of the People's Committees of the communes, wards or townships where
exist such land shall have to detect, prevent and handle such in time.
2. For historical-cultural relic, scenic
place land, which had been encroached upon, occupied or used not for the right
purposes before July 1, 2004, the relic owners, the organizations or the
commune, ward or township People's Committees, that have been assigned to
manage the relics must report thereon to the People's Committees of rural
districts, urban districts, provincial capitals or towns for definite handling.
3. The change of purposes of using
historical-cultural relic or scenic place land to other purposes must conform
to the approved land use plannings or plans and comply with the following
regulations:
a) For land with historical-cultural relics,
scenic places classified by the Ministry of Culture and Information, before the
competent People's Committees decide to permit the land use purpose changes,
there must be written approval of the Minister of Culture and Information:
b) For land with historical-cultural relics,
scenic places protected under decisions of provincial/municipal People's
Committees, before the competent People's Committees decide to permit the land
use purpose changes, there must be written approval of the presidents of
provincial/ municipal People's Committees.
Article 94.- Land for
construction of cemeteries, graveyards
1. Land arranged for construction of
cemeteries or graveyards must be in line with local land use plannings, plans.
2. The provincial/municipal People's
Committees shall prescribe criteria and quotas of land used for burial,
ensuring thrifty use of land; organize and adopt policies to encourage the
funerals of the deceased without using land.
3. It is strictly forbidden to build separate
cemeteries, graveyards in contravention of the approved land use plannings or
plans.
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MANAGEMENT
AND PUTTING OF UNUSED LAND TO USE
Article 95.-
Management of unused land
The People’s Committees of all levels shall
have to strictly manage the unused land funds and the putting of unused land to
use in their respective localities according to the following regulations:
1. When land statistics, inventories are
conducted, the unused land shall be divided into three (3) categories,
including unused delta land, unused hilly and mountain land and forestless rock
mountain.
For each land category, it is necessary to
clearly determine the land area not yet put to use by the State but being
illegally occupied.
2. Upon land statistics and inventories, it
is necessary to determine the land areas, which have been already assigned,
leased, recognized with the land use rights by the State but are being left
uncultivated, for recovery and addition to the local unused land funds.
3. When land use plannings are drawn up, it
is necessary to clearly determine the funds of unused land to be put to use in
that planning period; when land use plans are elaborated, it is necessary to
clearly determine the annual tempo of putting unused land to use.
Article 96.- Measures
of putting unused land to use according to the approved land use plans
1. Assigning without the collection of land
use levies unused land in border regions, islands, deep-lying, remote,
high-land or large but thinly-populated regions to people's armed force units,
youth volunteers' units or economic organizations for reclamation and putting
of land to use.
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In case of excess of the land assignment
quotas as provided for in Clause 4, Article 69 of this Decree, the households
or individuals must lease land with regard to the land areas in excess of the
prescribed quotas.
3. Leasing unused land to households or
individuals not directly engaged in agricultural production in the localities
and other localities for improving and using such land for the purposes of
agricultural production, forestry, aquaculture, salt making.
4. Assigning with the collection of land use
levies or leasing unused land to economic organizations, overseas Vietnamese;
leasing unused land to foreign organizations, foreigners for execution of
investment projects on agricultural or non-agricultural production and
business.
5. The State adopts policies for investment
in infrastructures in border regions, islands, deep-lying, remote, high-land or
large but thinly-populated regions and regions under difficult natural
conditions in order to realize the plans of putting unused land to use for
agricultural production purposes.
The State adopts policies on land use levy
and/or land rent exemption or reduction in cases where unused land is assigned
or leased for improvement and putting to use.
Article 97.-
Self-reclaimed land, unused land being occupied
1. Households and individuals using
agricultural land which has been reclaimed by themselves and conformed with the
approved land use plannings, is dispute-free and used efficiently shall have
their land use rights recognized by the State for the land areas within the agricultural
land assignment quotas prescribed in Clauses 1, 2, 3 and 4, Article 70 of the
Land Law; in case of excess of the prescribed quotas; the quotas prescribed in
Clause 5, Article 70 of the Land Law and Clause 4, Article 69 of this Decree,
shall be added; in case of excess of the added quotas, they must shift to lease
land for the land areas exceeding the prescribed quotas. All cases mentioned in
this Clause shall be granted the land use right certificates.
2. For households and individuals using non-agricultural
land reclaimed by themselves, the land use right recognition and the granting
of land use right certificates shall comply with the provisions of Clause 6,
Article 50 of the Land Law.
3. For organizations using agricultural land
reclaimed by themselves, the land use right recognition and the granting of
land use right certificates shall comply with the provisions of Article 49 of
this Decree.
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5. Where unused land is occupied without
investment in the improvement thereof for putting to use, the State shall
recover the land.
Chapter X
RIGHTS
AND OBLIGATIONS OF LAND USERS
Article 98.- The time
for land users to exercise their rights
1. The time for land users to exercise the
rights to transfer, lease, sublease, inherit or donate their land use rights,
to mortgage, provide guarantee or contribute capital with the land use rights
under the provisions of land legislation with regard to the land assigned by
the State with the collection of land use levies, leased or permitted for land
use purpose changes subject to land use levy payment is stipulated as follows:
a) Where land users are not allowed to delay
the performance of financial obligations or to debit the financial obligations,
they may exercise the land users' rights only after they have fulfilled their
financial obligations according to law provisions;
b) Where land users are permitted by
competent State agencies' decisions to delay the performance of their financial
obligations or to debit their financial obligations, they may exercise the land
users' rights after such decisions are issued;
c) Where land users are allowed to delay the
performance of their financial obligations or to debit the financial
obligations according to law provisions, they may exercise the land users'
rights after the issuance of land assignment decisions, decisions permitting
the change of land use purposes, the signing of land lease contracts.
2. The time for households and individuals to
exercise the rights to exchange, transfer, lease, inherit or donate the land
use rights, to mortgage, provide guarantee or contribute capital with the land
use rights according to provisions of land legislation with regard to land
assigned by the State without the collection of land use levies shall be
determined as from the time the land assignment decisions take implementation
effect.
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4. The time for land users to exercise their
rights to transfer, lease, sublease, inherit or donate the land use rights, to
mortgage, provide guarantee or contribute capital with the land use rights
according to provisions of the land legislation with regard to land eligible
for financial obligation exemption or reduction according to law provisions
shall be determined as from the time of issuing the land assignment decisions
or signing the land lease contracts.
5. The time for the executors of projects on
construction of dwelling houses for sale or lease to transfer the land use
rights shall comply with the provisions of Clause 1, Article 101 of this
Decree.
Article 99.-
Reception of land use rights
1. The land use right receivers shall be
prescribed as follows:
a) Households and individuals may receive the
agricultural-land use rights through land use right exchange prescribed in
Clause 2, Article 113 of the Land Law and Article 102 of this Decree;
b) Economic organizations, households and
individuals may receive the land use rights through being transferred the land
use rights, except for the cases prescribed in Article 103 of this Decree;
overseas Vietnamese may receive the land use rights through being transferred
the rights to use land in industrial parks, hi-tech parks, economic zones;
c) Organizations, households, individuals and
population communities may receive the land use rights through being donated
the land use rights under the provisions of Point c, Clause 2, Article 110 and
Clause 6, Article 113 of the Land Law, except for the cases prescribed in
Article 103 if this Decree;
d) Organizations, households, individuals,
population communities may receive the land use rights through their
inheritance of the land use rights;
e) Overseas Vietnamese falling into the cases
prescribed in Article 121 of the Land Law may receive the residential-land use
rights through their purchase of dwelling houses, their inheritance of dwelling
houses, being donated dwelling houses associated with the residential-land use
rights;
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g) Organizations, households, individuals,
population communities, religious establishments, overseas Vietnamese may
receive the land use rights through land assignment by the State;
h) Economic organizations, households,
individuals, overseas Vietnamese, foreign organizations, foreigners may receive
the land use rights through land lease by the State;
i) Organizations, households, individuals,
population communities, religious establishments may receive the land use
rights through the State's recognition of the land use rights with regard to
land being stably used;
j) Organizations, households, individuals,
population communities, religious establishments, overseas Vietnamese, foreign
organizations, foreigners may receive the land use rights through the results
of successful conciliation of land disputes, recognized by competent People's
Committees; agreement in contracts on mortgage or guarantee for debt handling;
administrative decisions of competent State agencies on settlement of land
disputes, land-related complaints or denunciations; decisions or judgments of
people's courts, judgment execution decisions of judgment enforcement agencies;
written recognition of results of land use right auctions in accordance with
law; documents on division of land use rights in accordance with law for
households or groups of people sharing the common land use rights;
k) Organizations being legal persons newly
set up through division, separation, merger under decisions of competent
agencies or organizations or documents on division, separation or merger of
economic organizations in accordance with law may receive the land use rights
from organizations being divided, separated or merged legal persons.
2. The land use right transferees must use
land for the right set purposes during the land use term.
3. Households, individuals may be transferred
the land use rights at the places of their permanent residence registration or
other localities, except for the cases prescribed in Clauses 3 and 4 of Article
103 and Article 104 of this Decree.
Economic organizations wishing to use land
for production and/or business may be transferred the land use rights at places
of their business registrations or other localities, except for the cases
prescribed in Clauses 1 and 2 of Article 103 of this Decree.
The land use right transferees defined in
this Clause shall be granted the land use right certificates regardless of their
permanent residence registration places or business registration places.
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1. Economic organizations, households,
individuals may be transferred the rights to use agricultural land for
execution of investment projects, non-agricultural production and/or business
schemes when the following conditions are met:
a) The purposes of using the transferred land
areas must conform with the land use plannings or plans already considered and
approved by competent State agencies;
b) The competent People's Committees have
permitted the land use purpose changes, determined the land use duration
simultaneously with the approval of the land use demands on the grounds
prescribed in Article 30 of this Decree;
c) The financial obligations must be
fulfilled for the land use purpose changes according to the provisions of
Article 36 of the Land Law and the Government's regulations on land use levy
collection.
2. For investment projects, non-agricultural
productions and/or business schemes, where the land users have been transferred
the agricultural-land use rights before the effective date of this Decree while
the land use terms have not yet been identified in the decisions approving the
projects or the decisions permitting the land use purpose changes, the land use
term shall be 50 years counting from the date the decisions permitting the land
use purpose changes take implementation effect.
Article 101.-
Conditions for land use right transfer in execution of investment projects on
construction of dwelling houses for sale or lease
1. Economic organizations, overseas
Vietnamese, foreign organizations, foreigners, that use land for execution of
investment projects on construction of dwelling houses for sale or lease shall
only be allowed to transfer the land use rights over the land areas on which
the investment in construction of dwelling houses under the approved projects
has been completed; where the investment projects on construction of dwelling
houses comprise component projects, they shall be allowed to transfer the land
use rights after completing the investment under the component projects of the
approved investment projects; they are not allowed to transfer the land use
rights in form of selling house foundations while houses have not yet been
constructed.
2. Where executors of investment projects
cannot continue executing the projects, the State shall recover the land; the
remainder of the land use levies, land rents, the values already invested on
the land, which are under the ownership of the persons having the land
recovered, shall be settled according to the provisions in Article 35 of this
Decree.
Article 102.- Cases
of eligibility for exchange of the agricultural-land use rights
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Households and individuals exchanging the
agricultural-land use rights under the common policy on "land plot swap
for field consolidation" shall not have to pay tax on incomes earned from
the land use right transfer, registration fees as well as cadastral fees.
Article 103.- Cases
of ineligibility for land use right transfer, donation
1. Organizations, households and individuals
must not be transferred or donated the land use rights in the cases not
permitted by law.
2. Economic organizations must not be
transferred the rights to use wet-rice land, protective forest land,
special-use forest land, except for case of land use purpose changes under the
approved land use plannings, plans.
3. Households and individuals not directly
engaged in agricultural production must not be transferred or donated the
rights to use wet rice land.
4. Households and individuals must not be
transferred or donated the rights to use residential land, agricultural land in
strictly protected sub-zones, ecological regeneration sub-zones of special-use
forests; in protective forest areas if they do not live in such special-use
forests or protective forests.
Article 104.- Cases
of conditional land use right transfer or donation by households, individuals
1. Households and individuals that were
assigned for the first time the agricultural land without the collection of
land use levies and the residential land with the exemption of land use levies
then transferred such land and have had no more production land and/or
residential land, if being assigned for the second time the agricultural land
without the collection of land use levies and/or the residential land with the
exemption of land use levies, must not transfer or donate the land use rights
within 10 years as from the date of being assigned land for the second time.
2. Households and individuals that are living
mingledly in strictly protected sub-zones, ecological regeneration sub-zones of
special-use forests but have had no conditions yet to move out of such
sub-zones, may only transfer or donate the rights to use residential land,
forest land in combination with agricultural production, forestry, aquaculture
to households and individuals living in such sub-zones.
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Article 105.- Cases
of agricultural land in excess of land use right transfer limits
The handling of agricultural land areas transferred
to households or individuals in excess of the limits prescribed by the National
Assembly Standing Committee shall comply with the following regulations:
1. The district-level Natural Resources and
Environment Sections of the localities where households or individuals are
transferred the land use rights but have no permanent residence registration
shall have to notify the district-level Natural Resources and Environment
Sections of the localities where the households or individuals register their permanent
residences of the agricultural land areas with the use rights being transferred
in the localities.
2. The district-level Natural Resources and
Environment Sections of the localities where households and individuals
register their permanent residence shall have to sum up the agricultural land
areas with use rights being transferred in order to determine the agricultural
land areas in excess of the land use right transfer limits and report thereon
to the People's Committees of rural districts, urban districts, provincial
capitals or towns for decisions.
3. For agricultural land areas received in
excess of the land use right transfer limits prescribed by the National
Assembly Standing Committee, the shift to land lease shall comply with the
regulations of the National Assembly Standing Committee.
When the National Assembly Standing Committee
has not yet prescribed the land use right transfer limits, the agricultural
land areas received by households or individuals through land use right
transfer must not be shifted to land lease.
4. For agricultural land areas being
transferred or bequeathed to households in excess of the land use quotas
prescribed by the 1993 Land Law and being shifted to land lease but not in
excess of the land use right transfer limits prescribed by the National
Assembly Standing Committee, they shall not be shifted to land lease as from
July 1, 2004; the land use duration shall be the remaining duration of the land
assignment duration.
While the National Assembly Standing
Committee has not yet prescribed the land use right transfer limits, the
agricultural land areas transferred or bequeathed to households must not be
shifted to land lease.
5. The district-level Natural Resources and
Environment Sections of the localities of permanent residence registration of
the transferees of the land use rights in excess of the prescribed limits shall
have to notify such transferees of the agricultural land areas to be shifted to
land lease; such transferees are entitled to select the land plots to be
shifted to lease.
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1. The transfer of lawful non-agricultural
land use rights to economic organizations from other economic organizations,
households or individuals that were assigned land by the State with the
collection of land use levies or from households or individuals with their land
use rights recognized by the State is stipulated as follows:
a) Where the money paid for the transfer of
the land use rights does not originate from the state budget, the land use
right transferees must not pay the land use levies, must not shift to lease
land, and shall have the rights and obligations prescribed in Clause 2, Article
110 of the Land Law;
b) Where the money paid for the transfer of
the land use rights originates from the state budget, the economic
organizations being land use right transferees must shift to lease land, and
shall have the rights and obligations prescribed in Clause 1, Article 111 of
the Land Law; if the economic organizations choose the form of land assignment
with the collection of land use levies, they must pay the land use levies
according to land prices set by provincial/municipal People's Committees and
shall have the rights and obligations prescribed in Clause 2, Article 110 of
the Land Law;
c) The land use term shall be the remaining
duration of the land use term before the transfer for cases where the land,
before being transferred, was used for definite terms; the land use duration
shall be stable and long for cases where land, before being transferred, was
used stably for a long term.
2. The transfer of agricultural-land use
rights to economic organizations together with land use purpose changes under
the provisions of land legislation before July 1, 2004 is stipulated as
follows:
a) Where the money paid for the transfer and
land use purpose changes does not originate from the state budget, the land use
right transferees must not pay the land use levies, must not shift to lease the
land, and shall have the rights and obligations prescribed in Clause 2, Article
110 of the Land Law;
b) Where the money paid for the transfer and
land use purpose changes originates from the state budget, the economic
organizations must shift to land lease, and shall have the rights and
obligations prescribed in Clause 1, Article 111 of the Land Law; if the
economic organizations choose the form of land assignment with the collection
of land use levies, they must pay the land use levies for the land categories with
land use purpose change according to land prices set by provincial/municipal
People's Committees, and shall have the rights and obligations prescribed in
Clause 2, Article 110 of the Land Law;
c) The land use term shall be the term of the
projects already approved by competent state agencies.
Article 107.- Rights
and obligations of enterprises being legal persons newly formed through capital
contribution with the land use rights
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a) The capital contributing-economic
organizations' land has been assigned by the State with the collection of land
use levies and the paid land use levies do not originate from the state budget;
b) The capital contributing-economic
organiza-tions' land acquired due to land use right transfer is not the
State-leased land and the money paid for the transfer does not originate from
the state budget;
c) The capital-contributing households' or
-individuals' land is other than the State-leased land.
2. If enterprises are formed through joint ventures
between foreign organizations, foreign individuals, overseas Vietnamese and
domestic economic organizations that contribute capital with the land use
rights in the cases prescribed at Points a and b, Clause 1 of this Article, the
joint-venture enterprises must not shift to lease the land and shall have the
rights and obligations prescribed in Clause 2, Article 110 of the Land Law.
3. If the State enterprises leased land by
the State before July 1, 2004 and entitled to use the land use right value like
state budget allocated to the enterprises must not debit and must not refund
the land rents according to the provisions of land legislation to contribute
capital to joint ventures with foreign organizations, foreign individuals, the
joint-venture enterprises must not lease land and shall have the rights and
obligations prescribed in Clause 2, Article 110 of the Land Law. The land use
right value shall be the State's capital portions contributed to the
joint-venture enterprises.
4. If overseas Vietnamese assigned land by
the State with the collection of land use levies contribute capital with the
land use rights in their capacity as domestic economic organizations to joint
ventures with foreign organizations or foreign individuals, the joint-venture
enterprises must not shift to lease land and shall have the rights and
obligations prescribed in Clause 2, Article 110 of the Land Law.
5. If joint-venture enterprises to which the
Vietnamese parties have contributed capital with the land use rights now change
into enterprises with 100% foreign capital, the enterprises with 100% foreign
capital must lease land from the State and have the rights and obligations
prescribed in Clauses 2 and 3, Article 119 of the Land Law.
Article 108.- Rights
of joint-venture enterprises with foreign investment capital, which have leased
land of households and/or individuals and now change into enterprises with 100%
foreign capital
1. If joint-venture enterprises with foreign
investment capital, which have leased land of households and/or individuals and
now change into enterprises with 100% foreign capital, they may continue
performing the signed land lease contracts and must use the land for the right
set purposes.
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Article 109.- Rights
to use land of cooperatives upon dissolution, bankruptcy
The settlement of cooperatives' land upon
their dissolution or bankruptcy shall comply with the following regulations:
1. For land assigned by the State without the
collection of land use levies; leased by the State; assigned by the State with
the collection of land use levies; or acquired through purchase of assets
associated with the land use rights or through lawful land use right transfer
from other persons, while the land use levy, asset purchase money or money paid
for land use right transfer originates from the state budget, the State shall
recover the land;
2. For land assigned by the State with the
collection of land use levies, acquired through purchase of assets associated
with the land use rights or the lawful land use right transfer from other
persons while the land use levies, the asset purchase money or the money paid
for land use right transfer does not originate from the State budget; land
which the rights to use were contributed by cooperative members to the cooperatives,
the State shall not recover such land, the land use rights shall be the assets
of the cooperatives and handled according to the cooperatives' statutes or
resolutions of the cooperative members' congresses.
Article 110.- Rights
of persons using land for construction of condominiums
1. Economic organizations using land assigned
by the State without the collection of land use levies or assigned by the State
with the collection of land use levies, or acquired through being transferred
the land use rights while the land use levies, the money already paid for the
transfer of land use rights originates from the state budget for investment in
the construction of condominiums under projects approved by competent State
agencies shall have the following rights and obligations:
a) The rights and obligations prescribed in
Articles 105 and 107 of the Land Law;
b) To sell, donate, lease apartments of the
condominiums;
c) To mortgage, provide guarantee with,
apartments of the condominiums, which do not fall into the cases prescribed at
Point b of this Clause;
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2. Economic organizations using land assigned
by the State with the collection of land use levies or being transferred with
the land use rights while the land use levies, the money already paid for land
use right transfer do not originate from the state budget; overseas Vietnamese
assigned land by the State with the collection of land use levies for
investment in the construction of condominiums under projects already approved
by competent state agencies, shall have the following rights and obligations:
a) The rights and obligations prescribed in
Articles 105 and 107 of the Land Law;
b) The rights and obligations prescribed in
Clause 2, Article 110 of the Land Law;
c) The value of the rights to use land for
construction of condominiums shall be included in the prices of condominium
apartments once they are sold or leased.
3. Households, individuals receiving the land
use rights through transfer of the rights to use land for investment in
commercial construction of condominiums under investment projects in accordance
with the approved urban construction plannings or rural population quarter
construction plannings shall have the rights and obligations prescribed in
Clause 2 of this Article.
4. Overseas Vietnamese, foreign organizations,
foreign individuals that use land leased by the State with land rents being
paid in lump sum for the whole leasing term for investment in commercial
construction of condominiums under investment projects already approved by
competent State agencies shall have the following rights and obligations:
a) The rights and obligations prescribed in
Clause 3, Article 119 of the Land Law;
b) The rights and obligations prescribed in
Article 81 of this Decree.
Article 111.- Rights
and obligations of groups of land users sharing their common property being the
land use rights
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a) Where their members are only households
and/or individuals, the land users' groups shall have the rights and
obligations like those of households or individuals prescribed in Article 113
of the Land Law;
b) Where the groups comprise members being
economic organizations, the land users' groups shall have the rights and
obligations like those of economic organizations, prescribed in Article 112 of
the Land Law.
2. The exercise of the rights and the
performance of the obligations of land users' groups, prescribed in Clause 1 of
this Article are stipulated as follows:
a) Where the groups' land use rights can be
divided into parts, every member of the groups may exercise their respective
rights and perform their respective obligations with regard to the land areas
under their respective use rights.
b) Where the groups' land use rights cannot
be divided into parts, the groups' representatives shall exercise the rights
and perform the obligations.
Every member of the groups may authorize the
groups' representatives to exercise the rights and perform the tasks prescribed
at Point a of this Clause under civil law provisions;
c) When exercising the rights and performing
the obligations of the groups, which are prescribed at Point b of this Clause,
the representatives must obtain the written consents of all group members,
enclosed with the land use right certificates already granted to the members of
the groups.
Article 112.-
Settlement of cases where the State has borrowed land of households, individuals
1. State agencies which have borrowed land of
households, individuals as stipulated in Clause 1, Article 116 of the Land Law
are agencies, units, organizations of the State, the Communist Party of
Vietnam, Vietnam Fatherland Front and socio-political organizations.
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3. Cases where State agencies had borrowed
land affixed with households' or individuals' dwelling houses before July 1,
1991 shall be settled according to the provisions of Resolution No.
58/1998/NQ-UBTVQH10 of August 20, 1998 of the National Assembly Standing
Committee.
4. The compensations in cash or in new land
shall be calculated at the land prices set by provincial/municipal People's
Committees.
5. The return of land borrowed by the State
from households, individuals shall be carried out till the end of December 31,
2010.
Article 113.-
Settlement of cases where households, individuals borrow or lease land of other
households, individuals
1. Cases where households or individuals
borrow or lease residential land affixed with dwelling houses of other
households or individuals while such dwelling houses now still exist or no
longer exist on such land; where households or individuals borrow or lease land
as production and/or business grounds where exist or no longer exist workshops
of other households or individuals shall be settled when the following
conditions are met:
a) The land-lending or - leasing households
or individuals must possess land use right certificates or one of the land use
right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law;
b) There are written agreements on land
borrowing or leasing.
2. The settlement of cases where households
or individuals borrow or lease land of other households or individuals,
prescribed in Clause 1 of this Article shall apply as follows:
a) The land use rights constitute the
property of land lenders or lessors;
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c) The land use rights; the production and/or
business workshops affixed to land; dwelling houses closely affixed to land do
not fall on the list of cases where the State's transformation policies
regarding land, dwelling houses, workshops were implemented.
d) The settlement of the land use rights,
production and/or business workshops affixed to land shall be the same as for
dwelling houses affixed to land, prescribed in Resolution
No.58/1998/NQ-UBTVQH10 of August 20, 1998 of the National Assembly Standing
Committee on civil transactions regarding dwelling houses, which had been
established before July 1, 1991.
3. Where households, individuals have
borrowed or leased land of other households or individuals without any written
agreements on land borrowing or leasing prescribed at Point b, Clause 1 of this
Article, and now voluntarily return the borrowed or leased land, the land
return must be recognized under decisions of the People's Committees of rural
districts, urban districts, provincial capitals or towns.
Article 114.-
Settlement of cases where organizations borrow, rent land or lend, lease land
1. Where the land borrowers or lessees are
other organizations than those prescribed in Clause 1, Article 112 of this
Decree, the settlement shall be the same as the settlement of cases where
households or individuals borrow or rent land of other households or
individuals prescribed in Article 113 of this Decree.
2. Where the land lenders or lessors are
organizations, the settlement shall comply with the provisions at Point b,
Clause 2, Article 51, Point c, Clause 2, Article 52 and Point c, Clause 2,
Article 53 of this Decree.
Article 115.-
Representatives exercising the rights and performing the obligations of land
users
1. Representatives exercising the rights and
perform the obligations of land users shall be the persons answerable to the
State for the land use prescribed in Article 2 of this Decree.
2. Representatives exercising the rights and
performing the obligations of land users, prescribed in Clause 1 of this
Article may authorize other persons to do so under civil law provisions.
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For households, individuals, the
authorization documents must be authenticated by the People’s Committees of the
communes, wards or townships of their residence or notarized by public
notaries.
Chapter XI
LAND
MANAGEMENT AND USE ORDER AND ADMINISTRATIVE PROCEDURES
Section 1.
ADMINISTRATIVE PROCEDURES GENERALLY APPLIED WHEN LAND USERS EXERCISE THEIR
RIGHTS AND PERFORM THEIR OBLIGATIONS
Article 116.-
Carrying out administrative procedures in cases where land users have not yet
been granted the land use right certificates
Land users who possess one of the land use
right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law shall
carry out land-related administrative procedures according to the following
regulations:
1. In case of recovering the whole land
plots, the competent State agencies shall decide to recover the land plots and
withdraw the land use right papers prescribed Clauses 1, 2 and 5, Article 50 of
the Land Law.
2. In case of carrying out the administrative
procedures for the whole land plots, except for cases prescribed in Clause 1 of
this Article, the competent State agencies shall withdraw the land use right
papers prescribed of Clause 1, 2 and 5, Article 50 of the Land Law and issue
the land use right certificates according to the provisions of Articles 135,
136 and 137 of this Decree when carrying out the first step of the
administrative procedures related to the land use right certificates.
3. In case of carrying out the administrative
procedures for part of a land plot, the competent State agency shall effect the
separation of the land plot according to the provisions of Article 145 of this
Decree; follow the order and administrative procedures for every land plots and
issue the land use right certificates to users of the post-separation land
plots.
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1. Where the land plots have been issued the
land use right certificates, they shall be carried out as follows:
a) If land users exercise their rights to
exchange, transfer, inherit, donate or contribute capital with the land use
rights, thus giving rise to new legal persons and lease, sublease the rights to
use land in industrial parks, the dossiers for exercise of such rights must
clearly state the areas to be separated from the land plots:
b) If land users' exercise of the rights to
lease the land use rights does not fall into the case of leasing land in industrial
parks, to mortgage, provide guarantee with the land use right or contribute
capital with the land use rights without formulating new legal persons, and
wish to separate land plots, they shall compile the land plot separation
dossiers before exercising the rights prescribed in Clause 1, Article 145 of
this Decree;
c) The Natural Resources and Environment
offices shall carry out the administrative procedures for plot separation under
the provisions of Clause 2, Article 145 of this Decree before carrying out
administrative procedures for the exercise of the rights to exchange, transfer,
lease, sublease, inherit or donate the land use rights, to mortgage, provide
guarantee or contribute capital with the land use rights for the land plots'
parts needed by the land users and issue the land use right certificates to the
users of the remaining areas of the land plots.
Where the land users exercise the rights
prescribed at Point b, Clause 1 of this Article and have no need for plot
separation, the land use right registration offices shall register such in the
cadastral dossiers and adjust the land use right certificates.
2. Where land plots have not yet been issued
the land use right certificates, the provisions of Clause 3, Article 116 of
this Decree shall apply.
Article 118.-
Withdrawal of land use right certificates or land use right papers in case of
land recovery by the State
1. Within five (5) working days as from the
date of completing the compensation and ground clearance, for the cases
prescribed in Clause 1, Article 38 of the Land Law or from the effective dates
of the land recovery decisions of the competent People's Committees, for the
cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, Article 38
of the Land Law, the attached natural resources and environment offices shall
have to notify the persons with land to be recovered to submit the land use
right certificates or one of the land use right papers prescribed in Clause 1,
2 and 5, Article 50 of the Land Law (if any).
2. Within ten (10) working days as from the
date of receiving the notifications prescribed in Clause 1 of this Article, the
persons with land to be recovered must submit the land use right certificates
or one of the land use right papers prescribed in Clauses 1, 2 and 5, Article
50 of the Land Law (if any) to the natural resources and environment offices
which sent the notifications.
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Article 119.-
Certification by public notaries and authentication by commune, ward or
township People’s Committees of contracts or documents when land users exercise
their rights
1. Contracts or papers upon the land users'
exercise of their rights to exchange, transfer, lease, sublease, inherit or
donate the land use rights, to mortgage, provide guarantee or contribute
capital with the land use rights must be certified by public notaries or
authenticated by commune, ward or township People's Committees according to the
following regulations:
a) For organizations, overseas Vietnamese,
foreign organizations, foreigners, the public notaries' certification is
required;
b) For households, individuals, the
certification by public notaries or the authentication by commune, ward or
township People's Committees of the localities where exists the land is
required;
c) In cases where the land users' rights are
exercised, involving one party being subjects defined at Point a of this Clause
and the other party being the subjects defined at Point b of this Clause, the
certification by public notaries or the authentication by commune, ward or
township People's Committees of the localities where exists the land is
required.
2. In cases where the land users' rights are
exercised with the parties demanding the authentication by commune, ward or
township People's Committees, within three (3) working days after the receipt
of complete and valid dossiers, the commune, ward or township People's
Committees of the localities where exists the land shall have to authenticate
the contracts or papers.
3. The Ministry of Justice shall assume the
prime responsibility for, and coordinate with the Ministry of Natural Resources
and Environment in, guiding the certification by public notaries and the
authentication by commune, ward or township People's Committees of contracts or
documents when land users exercise their rights to exchange, transfer, lease,
sublease, inherit or donate the land use rights, mortgage, provide guarantee or
contribute capital with the land use rights.
Article 120.- The
performance of financial obligations of land users while carrying out the land
management and use order and administrative procedures
1. The financial obligations regarding land
use levies, land rents, land-related taxes shall be determined by tax offices,
based on cadastral figures supplied by land use right registration offices.
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2. Charges and fees related to land
management and use to be paid by land users when carrying out the
administrative procedures for land management and use shall be determined by
land use right registration offices according to law provisions, which shall
notify and guide the land users to pay them while carrying out the
administrative procedures.
Article 121.- Time
for carrying out the administrative procedures
1. The provincial/municipal People's
Committees shall have to prescribe the specific time limit for carrying out
various steps of the administrative procedures in land management and use,
which have not yet been prescribed by this Decree for each procedural step.
The provincial/municipal People's Committees,
the People's Committees of rural districts, urban districts, provincial
capitals or towns are entitled to prescribe the time limits for carrying steps
shorter than the time limits prescribed in this Decree.
2. For localities in mountainous, island,
deep-lying or remote regions, the time limits for carrying out the
administrative procedures in land management and use can be longer but shall
not exceed fifteen (15) working days for each case.
3. In cases where extracted cadastral
measurement must be made in areas where cadastral maps are not available when
the administrative procedures in land management and use are carried out, the
time limit for carrying out the administrative procedures can be longer but
shall not exceed twenty (20) working days for each case.
Article 122.-
Submission of dossiers and return of settlement results when the administrative
procedures in land management and use are carried out
1. The submission of dossiers and return of
settlement results with regard to cases of applying for land assignment, land
lease, land use purpose changes, land use duration extension, which are
prescribed in Articles 123, 124, 125, 126, 127, 134, 135 and 141 of this
Decree, shall be effected as follows:
a) The dossier submission shall comply with
the specific provisions of each Article;
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Within three (3) working days as from the
date of receiving the land use right certificates, the commune, ward or
township People's Committees shall have to hand over the land use right
certificates;
c) In cases where settlement conditions are
not fully met, within three (3) working days as from the date the
non-settlement conclusions are made by competent agencies, the natural
resources and environment offices shall have to return the dossiers and notify
the reasons therefor to the persons who filed dossiers at the natural resources
and environment offices or send them to the commune, ward or township People's
Committees for return to the persons who submitted the dossiers at the commune,
ward or township People's Committees.
Within three (3) working days as from the
date of receiving back the dossiers, the commune, ward or township People's
Committees shall have to return them to the dossier submitters and notify the
reasons therefor.
2. The submission of dossiers and return of
settlement results regarding cases of using land in hi-tech parks, economic
zones prescribed in Articles 128 and 142 of this Decree shall be carried out
according to the following regulations:
a) The dossiers shall be submitted at the
hi-tech park management boards, the economic zone management boards;
b) In case of full satisfaction of settlement
conditions under decisions of the hi-tech park management boards, the economic
management boards, within three (3) working days, the natural resources and
environment offices of the localities where exists the land shall have to send
the signed or adjusted land use right certificates to the hi-tech park
management boards, the economic zone management boards; send the copies of the signed
or adjusted land use right certificates, one of the land use right papers
prescribed in Clauses 1, 2 and 5 of Article 50 of the Land Law, which was
withdrawn (if any) to the attached land use right registration offices; send
notices on land use changes to the land use right registration offices of the
provincial/municipal Services of Natural Resources and Environment for
adjustment of the original cadastral dossiers;
c) In case of non-satisfaction of all
settlement conditions, within three (3) working days, the hi-tech park
management boards or the economic zone management boards shall have to return
the dossiers and notify the reasons therefor to the dossier submitters.
3. The submission of dossiers and return of
settlement results regarding the cases of application for land use right
certificates and land use change registration prescribed in Articles 129, 133,
136, 137, 138, 139, 140, 143, 144, 148, 149, 150, 151, 152, 153, 154, 155, 156
and 157 of this Decree shall be carried out according to the following
regulations::
a) Submission at the land use right
registration offices of the provincial/municipal Services of Natural Resources
and Environment, for organizations, religious establishments, overseas
Vietnamese executing investment projects, foreign organizations, foreign
individuals; submission at the land use right registration offices of the
district-level Sections of Natural Resources and Environment, for households,
individuals, population communities using land in wards and overseas Vietnamese
buying dwelling houses closely associated to the residential-land use rights;
submission at commune, township People's Committees, for households,
individuals and population communities using land in the communes or townships.
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b) In case of full satisfaction of the
settlement conditions, within three (3) working days as from the time the
competent agencies make decisions or approvals, the natural resources and
environment offices shall have to send the originals of the signed or adjusted
land use right certificates to the land use right registration offices which
receive the dossiers or send via the land use right registration offices of the
district-level Sections of Natural Resources and Environment to the commune or
township People's Committees, for case of submitting dossiers at the commune,
township People's Committees; send the copies of the signed or adjusted land
use right certificates, the withdrawn land use right certificates or one of the
land use right papers prescribed in Clause 1, 2 and 5, Article 50 of the Land
Law, which was withdrawn (if any) to the land use right registration offices of
the provincial/municipal Services of Natural Resources and Environment, for
cases where land users are organizations, religious establishments, overseas
Vietnamese executing investment projects, foreign organizations, foreigners, or
to the land use right registration offices of the district- level Sections of
Natural Resources and Environment, for cases where the land users are households,
individuals or population communities, overseas Vietnamese buying dwelling
houses closely associated to the residential-land use rights; send notices on
land use changes to the land use right registration offices of the
provincial/municipal Services of Natural Resources and Environment for
adjustment of original cadastral dossiers.
Within three (3) working days as from the
date of receiving the land use right certificates, the land use right
registration offices or the commune or township People's Committees shall have
to hand or return the land use right certificates;
c) In case of non-satisfaction of all
settlement conditions prescribed by law, within three (3) working days as from
the date the competent agencies make non-settlement conclusions, the land use
right registration offices shall have to return the dossiers and notify the
reasons therefor to the persons who submitted the dossiers at the land use
right registration offices or send to the commune or township People's
Committees for return to the persons who submitted the dossiers at the commune
or township People's Committees.
Within three (3) working days after receiving
back the dossiers, the commune or township People’s Committees shall have to
return them to the dossier submitters and clearly notify them of the reasons
therefor.
4. In case of land recovery provided in
Articles 130, 131 and 132 of this Decree, within seven (7) working days after
the complete withdrawal of land use right certificates under the provisions of
Article 118 of this Decree, the natural resources and environment offices shall
have to send the copies of the land recovery decisions, the originals of the
withdrawn land use right certificates or one of the land use right papers
prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any), the
written notices on list of cases of non-withdrawal of land use right
certificates to their attached land use right registration offices and send
notices on land use changes to the land use right registration offices of the
provincial/municipal Services of Natural Resources and Environment for
adjustment of original cadastral dossiers.
5. The submission of dossiers and the return
of settlement results for cases of change of agricultural land use purposes
provided for in Article 147 of this Decree shall be carried out according to
the following regulations:
a) The dossiers shall be submitted at the
People's Committees of communes, ward or townships where exists the land;
b) In case of full satisfaction of the
settlement conditions, within two (2) working days, the district-level Sections
of Natural Resources and Environment shall have to send the originals of the
land use right certificates regarding the land plots with land use purpose
change to the People's Committees of the communes, wards or townships where
exists the land; send the copies of the land use right certificates regarding
the land plots with use purpose changes and the withdrawn land use right
certificates or one of the land use right papers prescribed in Clauses 1, 2 and
5, Article 50 of the Land Law, which was withdrawn (if any), to the attached
land use right registration offices; send notices on land use changes to the
land use right registration offices of the provincial/municipal Services of
Natural Resources and Environment for adjustment of the original cadastral
dossiers;
c) In case of failure to fully satisfy the
settlement conditions, within two (2) working days, the commune, ward or
township People's Committees shall have to return the dossiers.
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Article 123.- Order
and administrative procedures for assignment or lease of agricultural land to
households, individuals
1. The assignment of annual crop land,
salt-making land to households and/or individuals directly engaged in
agricultural production or salt making shall be carried out under the schemes
elaborated and submitted by the People's Committees of communes, wards or
townships where exists the land to the People's Committees of rural districts,
urban districts, provincial capitals or towns for approval. The land assignment
order and procedures shall be carried out as follows:
a) The scheme-elaborating People's Committees
of communes, wards or townships shall settle collectively all cases of
eligibility for land assignment in the localities; set up the local land
assignment advisory councils comprising presidents or vice-presidents of the
People's Committees as council chairmen, representatives of Vietnam Fatherland
Front, representatives of Peasants' Association, heads of population quarters
in the localities and cadastral officers (hereinafter called the land
assignment advisory councils) to consider and propose cases eligible for land
assignment;
b) Basing themselves on the opinions of the
land assignment advisory councils, the commune, ward or township People's
Committees shall finalize the schemes on land assignment, post up the lists of
land assignment-eligible cases at the offices of the commune, ward or township
People's Committees for fifteen (15) working days and organize the reception of
people's comments; finalize the land assignment schemes and submit them to the
People's Councils of the same level for adoption before submitting them to the
People's Committees of rural districts, urban districts, provincial capitals or
towns (via the district-level Natural Resources and Environment Sections) for
consideration and approval;
c) The district-level Natural Resources and
Environment Sections shall have to appraise the land assignment schemes; direct
the attached land use right registration offices to complete the measurement
for making cadastral maps, compile the cadastral dossiers; submit them to the
People's Committees of the same level for deciding on the land assignment and
granting of land use right certificates.
The time for performing the jobs prescribed
at this Point shall not exceed fifty (50) working days as from the date the
Natural Resources and Environment Sections receive the complete and valid
dossiers to the date the land users receive the land use right certificates.
2. The assignment or lease of perennial tree
land, production-forest land, protective-forest land, special-use forest buffer
zone land, aquaculture land, other agricultural land to households, individuals
shall be carried out according to the following regulations:
a) Households, individuals shall file their
land assignment or land lease applications at the People's Committees of
communes, wards or townships where exists the land, clearly stating the land
area demands for use.
For cases of application for land assignment,
land lease for aquaculture, there must be aquaculture projects appraised by
fisheries management offices of rural districts, urban districts, provincial
capitals or towns and there must be reports on assessment of environmental
impacts according to law provisions on environment;
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c) The land use right registration offices
shall have to reexamine the dossiers; in case of eligibility, they shall
extract the cadastral maps or measure the land areas, for places where the
cadastral maps are not available, extract the cadastral dossiers and send them
to the district-level Natural Resources and Environment Sections;
d) The district-level Natural Resources and
Environment Sections shall have to verify cases of application for land
assignment or land lease, conduct field verification when necessary, submit
them to the People's Committees of rural districts, urban districts, provincial
capitals or towns for deciding to assign land or lease land and grant land use
right certificates; sign land lease contracts for cases of land lease.
3. The time for performing the jobs
prescribed at Points b, c and d, Clause 2 of this Article shall not exceed
fifty (50) working days as from the date the commune, ward or township People's
Committees receive complete and valid dossiers to the date the land users
receive the land use right certificates.
Article 124.- Order
and procedures of assigning land for construction of dwelling houses to rural
households or individuals not falling into cases subject to land use right
auctions
1. Households and individuals having the
demands to use land for construction of dwelling houses shall file their land
assignment applications at the commune People's Committees of the localities
where exist the land.
2. The land assignment shall be carried out
as follows:
a) The commune People's Committees shall base
themselves on the local detailed land use plannings, detailed land use plans,
which have been approved, to draw up schemes on assignment of land for
construction of dwelling houses and send them to the commune land assignment
advisory councils prescribed at Point a, Clause 1, Article 123 of this Decree
for consideration and comments on the land assignment schemes; publicly post up
the lists of land assignment-eligible cases at the offices of the commune
People's Committees for fifteen (15) working days and organize the reception of
people's comments; finalize the land assignment schemes, compile dossiers of
application for land assignment and send them to the land use right
registration offices of the district-level Natural Resources and Environment
Sections. Such a dossier shall be made in two (2) sets, each comprising the
commune People's Committee's report on the assignment of land for construction
of dwelling houses; the application- enclosed list of households, individuals;
the opinions of the commune land assignment advisory councils;
b) The land use right registration offices
shall have to reexamine the dossiers; in case of eligibility, they shall make
extracts of cadastral maps or extracted cadastral measurement of the land
areas, for localities where cadastral maps are not available, make extracts of
cadastral dossiers and send them together with the dossiers prescribed at Point
a of this Clause to the Natural Resources and Environment Sections; send
cadastral figures to tax offices for determination of financial obligations;
c) The district-level Natural Resources and
Environment Sections shall have to verify the cadastral dossiers; make field
verifications; submit them to the People's Committees of rural districts, urban
districts, provincial capitals or towns for deciding on land assignment and
granting of land use right certificates;
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3. The time for performing the jobs
prescribed at Points b, c and d, Clause 2 of this Article shall not exceed
forty (40) working days (excluding the time for compensation and ground
clearance and the land users' performance of financial obligations) as from the
date the land use right registration offices receive complete and valid
dossiers to the date the land users receive the land use right certificates.
Article 125.- Order
and procedures of assigning, leasing land with completed ground clearance or
without ground clearance to organizations, religious establishments, overseas
Vietnamese, foreign organizations, foreigners
1. Persons applying for land assignment or
land lease shall contact the agencies tasked by provincial/municipal People's
Committees to reach agreement on locations or the land fund development
organizations of the localities where exists land in order to be recommended
the land use locations.
2. After obtaining the written agreement on
locations, or the investment licenses or the permit for construction of works
on the determined locations from competent State agencies, the land assignment
or land lease applicants shall submit two sets of dossiers at the
provincial/municipal Services of Natural Resources and Environment of the
localities where exists the land; such a dossier shall comprise:
a) The land assignment or land lease application;
b) The written agreement on the location or
the investment license or the permit for work construction on the determined
location of competent State agency;
c) The investment project decision or the
copy of investment license, certified by the public notary; where
organizations' investment projects are not financed with State budget capital
or are not foreign-invested projects, there must be the written appraisal of
land use demands by the provincial/municipal Service of Natural Resources and Environment
of the locality where exists the land as provided for at Point b, Clause 1,
Article 30 of this Decree;
d) For mineral exploration and/or
exploitation projects, there must be licenses enclosed with mineral exploration
and/or exploitation maps; in case of using land for the purposes of
manufacturing bricks, tile or pottery articles, there must be decisions or
business registration of brick, tile production or investment project approved
by the competent State agency;
e) The written certification by the Service
of Natural Resources and Environment of the locality where exists the land of
the observance of the land legislation for projects previously assigned or
leased land.
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a) The provincial/municipal Services of
Natural Resources and Environment shall have to verify and direct the land use
right registration offices to make extracts of cadastral maps or conduct
extracted cadastral measurement of the land areas, for localities where cadastral
maps are not available (for projects using land for construction of works on
vast areas such as dikes, hydro-electric power stations, power lines, land
roads, railways, water pipes, petroleum pipes, gas pipes, the latest cadastral
maps with scale not smaller than 1/25,000 shall be used instead of the
cadastral maps), extracts of cadastral dossiers;
b) The land use right registration offices
shall have to forward the cadastral figures to tax offices for determination of
financial obligations;
c) The provincial/municipal Services of
Natural Resources and Environment shall have to examine the cadastral dossiers,
make field verifications; submit them to the provincial/municipal People's
Committees for deciding on land assignment, land lease and granting of land use
right certificates; sign land lease contracts, for case of land lease; direct
the district-level Natural Resources and Environment Sections, the People's
Committees of communes, wards or townships where exists the land to organize
field handover of land.
4. The time for performing the jobs
prescribed in Clause 3 of this Article shall not exceed twenty (20) working
days (excluding the time for land users to perform the financial obligations)
as from the date the provincial/municipal Services of Natural Resources and
Environment receive the complete and valid dossiers to the date the land users
receive the land use right certificates.
Article 126.- Order
and procedures of assigning land or leasing land with uncompleted ground
clearance to organizations, overseas Vietnamese, foreign organizations,
foreigners
1. Persons applying for land assignment or
land lease shall contact the agencies tasked by provincial/municipal People's
Committees to reach agreement on locations in order to be recommended the land
use locations.
2. The land assignment or land lease
applicants shall file dossiers according to the provisions of Clause 2, Article
125 of this Decree.
3. The land recovery, compensation, ground
clearance shall comply with the order prescribed in Clauses 1,3, 4, 5, 6 and 7,
Article 130 of this Decree and the Government's regulations on compensation,
support, resettlement.
4. Land assignment and land lease after
ground clearance shall comply with the provisions of Clause 3, Article 125 of
this Decree.
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Article 127.- Order
and procedures of assigning land for use for defense, security purposes
1. The people's armed force units defined in
Clause 3, Article 83 of this Decree, which apply for assignment of land for use
for defense, security purposes shall submit two sets of dossiers at the
provincial/municipal Services of Natural Resources and Environment of the
localities where exists the land; such a dossier shall comprise:
a) The land assignment application;
b) The extract of decision on investment in
the construction of defense or security work of competent State agency,
comprising contents related to the land use or the decision approving the army
station location planning of the Ministry of Defense or the Ministry of Public
Security;
c) The written land assignment request of the
Ministry of Defense, the Ministry of Public Security or heads of the units
authorized by the Ministry of Defense or the Ministry of Public Security.
2. The land assignment is stipulated as
follows:
a) Within five (5) working days as from the
date of receiving the complete and valid dossiers, the provincial/municipal
Services of Natural Resources and Environment shall have to verify and send one
set of dossier to their attached land use right registration offices; guide the
People's Committees of rural districts, urban districts, provincial capitals or
towns to draw up plans on compensations and ground clearance;
b) Within five (5) working days as from the
date of receiving the dossiers, the land use right registration offices shall
have to make cadastral map extracts or extracted cadastral measurement of the
land areas, for localities where cadastral maps are not available, extract
cadastral dossiers and send them together with the dossiers of land assignment
application to the provincial/municipal Services of Natural Resources and
Environment;
c) Within ten (10) working days as from the
date of receiving the cadastral map extracts, cadastral dossier extracts, the
provincial/municipal Services of Natural Resources and Environment shall have
to report thereon to the provincial/municipal People's Committees for deciding
on the land assignment and granting the land use right certificates;
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e) The land recovery, compensation and ground
clearance shall comply with the order prescribed in Clauses 1, 3, 4, 5, 6 and 7
of Article 130, this Decree, and the Government's regulations on compensation,
support, resettlement;
f) Within three working days as from the date
of completing the compensation and ground clearance, the provincial/municipal
Services of Natural Resources and Environment shall direct the Natural
Resources and Environment Sections, the People's Committees of the communes,
wards or townships, where exists the land, to make field handover of land.
Article 128.- Order
and procedures of re-assigning, leasing land in hi-tech parks, economic zones
1. The land re-assignment, land lease
applicants shall submit two dossier sets each; such a dossier set shall
comprise:
a) The land re-assignment, land lease
application;
b) The investment project, for organizations
according to law provisions on investment;
c) The investment license, investment
project, for overseas Vietnamese, foreign organizations and foreigners
according to law provisions on investment.
2. The land re-assignment or land lease is
provided for as follows:
a) Within nine (9) working days as from the
date of receiving the dossiers, the hi-tech park management boards, the
economic zone park management boards shall have to examine the dossiers; for
eligible cases, make cadastral map extracts or extracted cadastral measurement
of the land areas, for localities where the cadastral maps are not available;
decide on land re-assignment or sign land lease contracts; notify the land
users to pay land use levies or land rents according to law provisions; send
the land re-assignment decisions or land lease contracts enclosed with
cadastral map extracts or extract of cadastral measurement to the natural
resources and environment offices of the People's Committees competent to grant
the land use right certificates;
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c) Within three (3) working days as from the
date the land users fulfill the financial obligations, the hi-tech park
management boards or the economic zone management boards shall have to conduct
field handover of land and hand the land use right certificates.
Article 129.- Order
and procedures applicable to cases of shifting from land lease to land assignment
with the collection of land use levies
1. The land lessees who wish to shift from
the form of land lease to the form of land assignment with the collection of
land use levies shall each submit one dossier set, comprising:
a) The registration application for shift
from the land lease form to the levied land assignment form;
b) The land lease contract and the land use
right certificate.
2. The shift from the land lease form to the
levied land assignment form is provided for as follows:
a) Within five (5) working days as from the
date of receiving the complete and valid dossiers, the land use right
registration offices shall have to verify them; for eligible cases, they shall
make cadastral dossier extracts and send them together with the dossiers to the
natural resources and environment offices of the same level; send the cadastral
figures to tax offices for determination of financial obligations;
b) Within three (3) working days as from the
date the land users fulfill their financial obligations, the natural resources
and environment offices shall have to adjust the land use right certificates.
3. Where land users wish to shift from the
land lease form to the levied land assignment form in combination with land use
purpose change, the procedures for land use purpose change must be carried
before the procedures for shift from the land lease form to the levied land
assignment form.
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1. Basing themselves on the land use plans
already approved by competent State agencies, the competent People's Committees
shall have to assign the attached natural resources and environment offices to
direct the land use right registration offices in making cadastral map extracts
or extracted cadastral measurement of the to be-recovered land areas, for
localities where cadastral maps are not available, and cadastral dossier
extracts to send them to responsible agencies or organizations for drawing up
plans for compensations and ground clearance as provided for in Clauses 2 and 3
of this Article.
2. Where the land is recovered after the land
use plannings or plans are publicized but investment projects are not
available, the provincial/municipal People's Committees shall assign the land
fund development organizations to draw up the overall plans on compensations
and ground clearance and submit them to the provincial/municipal People’s
Committees for consideration and approval.
3. Where land is recovered for execution of
investment projects, the People's Committees of rural districts, urban
districts, provincial capitals or towns shall have to elaborate overall plans
on compensations and ground clearance and submit them to the
provincial/municipal People's Committees for consideration and approval.
4. After the overall plans on compensations
and ground clearance are approved, the People's Committees of the rural
districts, urban districts, provincial capitals or towns where exists the to
be-recovered land shall notify the land users at least ninety (90) days in
advance, for cases of recovering agricultural land, or 180 days in advance, for
cases of recovering non-agricultural land, of the reasons for recovery, the
time and plan for removal, the compensation and ground clearance plans.
5. At least twenty (20) days before the
expiry of the notification duration, the land fund development organizations or
the People's Committees of rural districts, urban districts, provincial
capitals or towns shall have to present the compensation and ground clearance
plans and the provincial/municipal Services of Natural Resources and
Environment shall have to submit the land recovery decisions to the
provincial/municipal People's Committees for decision. The land recovery
decisions must include the contents on recovery of specific land areas,
applicable to land plots used by organizations, religious establishments,
overseas Vietnamese, foreign organizations, foreigners and the contents on land
recovery applicable collectively to all land plots used by households,
individuals or population communities.
6. Within fifteen (15) working days after
receiving the reports, the provincial/municipal People's Committees shall have
to examine, sign and send to the provincial/municipal Services of Natural
Resources and Environment, the People's Committees of rural districts, urban
district, provincial capitals or towns or land fund development organizations
the land recovery decisions, the compensation and ground clearance
plan-approving decisions.
In cases where exist on the to be-recovered
land the areas being used by households or individuals, within thirty (30)
working days as from the date of receiving the land recovery decisions of
provincial/municipal People's Committees, the People's Committees of rural districts,
urban districts, provincial capitals or towns shall have to issue decisions to
recover specific areas of every land plots being used by households,
individuals or population communities.
7. The land fund development organizations
shall have to carry out the compensation and ground clearance for cases of land
recovery after the land use plannings or plans are publicized but investment
projects are not available yet; the People's Committees of rural districts,
urban districts, provincial capitals or towns shall have to organize the
compensation and ground clearance for cases of recovering land for assignment
or lease for execution of investment projects.
8. After the completion of compensation and
ground clearance, the provincial/municipal People's Committees shall decide to
assign land to the land fund development organizations for management or assign
or lease land to investors for project execution.
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1. The recovery of land assigned by the State
to organizations without the collection of land use levies or with the
collection of land use levies while the paid land use levies have originated
from the State budget or land leased by the State with land rents paid annually
but now the land users move to other places, have less or no land use demand,
or voluntarily return the land shall be effected as follows:
a) Where the land users are organizations,
religious establishments, overseas Vietnamese, foreign organizations or
foreigners, they must send documents requesting the return of land and land use
right certificates or one of the land use right papers prescribed in Clauses 1,
2 and 5, Article 50 of the Land Law (if any) to the provincial/municipal
Services of Natural Resources and Environment of the localities where exists
the land; where the land users are households, individuals or population
communities, such documents shall be sent to the district-level Natural
Resources and Environment Sections of the localities where exists the land;
b) Within twenty (20) working days as from
the date of receiving the land return documents, the natural resources and
environment offices shall have to examine them and conduct field verification
in case of deeming it necessary; report thereon to the People’s Committees of
the same level for decision on the land recovery;
c) Within fifteen (15) working days as from
the date of receiving the report, the competent People's Committees shall have
to examine, sign and send to the attached natural resources and environment
offices the land recovery decisions.
2. The recovery of land assigned to
organizations by the State without the collection of land use levies or with
the collection of land use levies while the paid land use levies have
originated from the State budget, or land leased with land rents paid annually
and now such organizations dissolve or go bankrupt shall be effected as
follows:
a) Within twenty (20) working days after
receiving the dissolution or bankruptcy decisions of competent State agencies,
the provincial/municipal Services of Natural Resources and Environment of the
localities where exists the land shall conduct examination and field
verification in case of deeming if necessary; and report thereon to the
People's Committees of the same level for decision on land recovery;
b) Within fifteen (15) working days after
receiving the reports, the provincial/municipal People's Committees shall have
to consider, sign and send to the provincial/municipal Services of Natural
Resources and Environment the land recovery decisions.
Article 132.-
Land-recovering order applicable to the cases prescribed in Clauses 3, 4, 5, 6,
7, 9, 10, 11 and 12 of Article 38 of the Land Law
1. The land recovery applicable to the cases
prescribed in Clauses 3, 4, 5, 6, 9, 11 and 12 of Article 38 of the Land Law
shall be effected as follows:
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b) Within fifteen (15) working days after
receiving the reports, the competent People's Committees shall have to
consider, sign and send to their attached natural resources and environment
offices the land recovery decisions; direct the handling for determination of
the remaining value of the investments in the land or the assets affixed to
land (if any) according to law provisions.
2. The land recovery applicable to the cases
prescribed in Clause 7, Article 38 of the Land Law shall be carried out as
follows:
a) Within fifteen (15) working days after
receiving the death certificates or missing declaration decisions of competent
State agencies and written certification of having no heirs by the People's
Committees of communes, wards or townships where exists the land, the
district-level Natural Resources and Environment Sections shall have to conduct
examinations and field verifications and report thereon to the People's
Committees of the same level for decision on the land recovery;
b) Within ten (10) working days after
receiving the reports, the People's Committees of rural districts, urban
districts, provincial capitals or towns shall have to consider, sign and send
to the district-level Natural Resources and Environment Sections the land
recovery decisions.
3. The land recovery applicable to the cases
prescribed in Clause 10, Article 38 of the Land Law shall be carried out as
follows:
a) Within thirty (30) working days after the
expiry of the land use terms, the natural resources and environment offices
shall have to report thereon to the People's Committees of the same level for
decision on land recovery;
b) Within ten (10) working days after
receiving the reports, the competent People's Committees shall have to
consider, sign and send to their attached natural resources and environment
offices the land recovery decisions.
Article 133.- Order
and procedures of registration for land use purpose change, applicable to cases
requiring no permission
1. Land users wishing to change the land use
purposes shall submit one dossier set, comprising:
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b) The land use right certificate or one of
the land use right papers prescribed in Clauses 1, 2 and 5 of Article 50 of the
Land Law (if any).
2. The land users may change the land use purposes
after 20 days counting from the date of dossier submission, except for cases
where the land use right registration offices have notified the non-permission
for land use purpose change as such is incompatible with the provisions of
Clause 2, Article 36 of the Land Law.
3. The land use purpose change registration
shall be effected as follows:
a) The land use right registration offices
shall have to examine the dossiers; where the land use purpose change
registration is incompatible with the provisions of Clause 2, Article 26 of the
Land Law, they shall return the dossiers and clearly notify the reasons
therefor; where the land use purpose change registration is compatible with the
provisions of Clause 2, Article 36 of the Land Law, they shall inscribe certification
on the registration declarations and transfer the dossiers to the natural
resources and environment offices of the same level for adjustment of the land
use right certificates;
b) The natural resources and environment
offices shall have to adjust the land use right certificates.
4. The time for performing the jobs
prescribed in Clause 3 of this Article shall not exceed eighteen (18) working
days as from the date the land use right registration offices receive the
complete and valid dossiers to the date the land users receive the adjusted
land use right certificates.
Article 134.- Land
use purpose - changing order and procedures applicable to cases requiring
permission
1. The land use purpose change applicants
shall each submit one dossier set at the provincial/municipal Services of
Natural Resources and Environment of the localities where exists the land, for
organizations, overseas Vietnamese, foreign organizations, foreigners; at the
district-level Natural Resources and Environment Sections of the localities
where exists the land, for households and individuals; such a dossier set
comprises:
a) The land use purpose change application;
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c) The investment project as prescribed by
the investment legislation, for cases where the land use purpose change
applicants are organizations, overseas Vietnamese, foreign organizations or
foreigners.
2. The natural resources and environment
offices shall have to examine the dossiers and conduct field verifications;
check the compatibility with detailed land use plannings or plans or land use
plannings or plans in case of unavailability of detailed land use plannings or
plans; direct the attached land use right registration offices to make
cadastral dossier extracts.
3. The land use right registration offices
shall have to make cadastral dossier extracts and send them to the natural
resources and environment offices of the same level and send the cadastral
figures to tax offices for determination of financial obligations.
4. The natural resources and environment
offices shall have to report thereon to the People's Committees of the same
level for decision to permit the land use purpose change; adjust the land use
right certificates; re-sign the land lease contracts for cases of land lease.
5. The time for performing the jobs
prescribed in Clause 2, 3 and 4 of this Article shall not exceed thirty (30)
working days (excluding the time for land users to perform their financial
obligations) as from the date the natural resources and environment offices
receive the complete and valid dossiers to the date the land users receive the
adjusted land use right certificates.
Article 135.- Order
and procedures of granting land use right certificates to households,
individuals using land in communes, townships
1. Households and individuals shall each
submit at the People's Committees of the communes or townships where exists the
land one dossier set, comprising:
a) The land use right certificate
application;
b) One of the land use right papers
prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);
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2. The granting of land use right
certificates is provided for as follows:
a) The commune or township People's
Committees shall have to make verifications and certifications in the land use
right certificate applications of the situation of disputes over the land
plots; where the current land users do not have the land use right papers
prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, they shall verify
and certify the origins and time of using the land, the situation of disputes
over the land plots, the compatibility with the approved land use plannings;
publicize the list of cases of eligibility and ineligibility for granting of
land use right certificates at the offices of the commune or township People's
Committees for fifteen (15) days; scrutinize comments on cases of application
for land use right certificates; send the dossiers to the land use right
registration offices of the district-level Natural Resources and Environment
Sections;
b) The land use right registration offices
shall have to examine the dossiers; make certifications in the land use right
certificate applications, for cases of eligibility for land use right
certificate granting and write comments on cases of ineligibility; in cases of
eligibility for granting of land use right certificates, make cadastral map
extracts or extracted cadastral measurement of the land plots, for localities
where cadastral maps are unavailable, make cadastral dossier extracts; send
cadastral figures to tax offices for determination of financial obligations for
cases where land users must perform the financial obligations according to law
provisions; send dossiers of cases of eligibility and ineligibility for land
use right certificate granting together with cadastral map extracts, cadastral
dossier extracts to the district-level Natural Resources and Environment
Sections;
c) The district-level Natural Resources and
Environment Sections shall have to examine the dossiers and submit them to the
People's Committees of the same level for deciding to grant the land use right
certificates; sign land lease contracts for cases of land lease by the State;
d) The time for performing the jobs
prescribed at Points a. b and c of this Clause shall not exceed fifty five (55)
working days (excluding the time for publicizing the lists of cases of
application for land use right certificates and the time for land users to
perform their financial obligations) from the date the commune or township
People's Committees receive the complete and valid dossiers to the date the
land users are granted the land use right certificates.
3. For cases of granting land use right
certificates to farms, before the land use right certificates are granted under
the provisions of Clauses 1 and 2 of this Article, the current land use situation
must be examined under the provisions in Article 50 of this Decree.
Article 136.- Order
and procedures of granting land use right certificates to households,
individuals currently using land in wards
1. Households and individuals shall each
submit one dossier set, comprising:
a) The land use right certificate
application;
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c) The written authorization of application
for land use right certificate (if any).
2. The granting of land use right
certificates is provided for as follows:
a) The land use right registration offices
shall have to examine the dossiers, conduct field verifications when necessary;
gather certifications by the ward People's Committees of the situation of land
disputes over the land plots; where the current land users do not have the land
use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law,
they must gather opinions of the ward People's Committees on the origin and
time of using the land, the situation of disputes over the land plots, the
compatibility with the approved land use planning; publicize the lists of cases
of eligibility and ineligibility for land use right certificate granting at the
land use right registration offices for fifteen (15) days; consider the
comments on cases of application for land use right certificates; write
certifications in the land use right certificate applications for cases of
eligibility for land use right certificate granting or write comments on cases
of ineligibility; for cases of eligibility for land use right certificate
granting, make cadastral map extracts of extracted cadastral measurement of the
land plots, for localities where cadastral maps are unavailable, make cadastral
dossier extracts; send the cadastral figures to tax offices for determination
of the financial obligations according to law provisions; send dossiers on
cases of eligibility or ineligibility for land use right certificate granting
together with the cadastral map extracts, cadastral dossier extracts to the
district-level Natural Resources and Environment Sections;
b) The Natural Resources and Environment
Sections shall have to examine the dossiers and submit them to the People's
Committees of the same level for deciding to grant the land use right
certificates; sign land lease contracts for cases of land lease by the State;
c) The time for performing the jobs
prescribed at Points a and b of this Clause shall not exceed fifty five (55)
working days (excluding the time for publicizing the lists of cases of
application for land use right certificates and the time for land users to
perform the financial obligations) from the date the land use right
registration offices receive the complete and valid dossiers to the date the
land users receive the land use right certificates.
Article 137.- Order
and procedures of granting land use right certificates to organizations
currently using land
1. The current land-using organizations shall
each submit one dossier set, comprising:
a) The land use right certificate
application;
b) One of the land use right papers
prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law (if any);
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d) The report on self-examination of current
land situation as provided for in Articles 49, 51, 52, 53 and 55 of this
Decree.
Where the current land using organizations
have not yet examined by themselves the current land use situation, the
provincial/municipal Services of Natural Resources and Environment shall direct
the implementation organization under the provisions of Articles 49, 51, 52, 53
and 55 of this Decree;
e) The decision of the provincial/municipal
People's Committee on handling of land of such organization (if any).
2. The granting of land use right
certificates is provided for as follows:
a) Basing themselves on decisions of the
provincial/municipal People's Committees on determination of the land areas the
organizations may continue to use, the land use right registration offices
shall have to make the cadastral map extracts or extracted cadastral
measurement of the land plots, for localities where cadastral maps are
unavailable, the cadastral dossier extracts; send cadastral figures to tax offices
for determination of the financial obligations, for cases where the land-using
organizations must perform the financial obligations according to law
provisions; send the cadastral map extracts, the cadastral dossier extracts
together with the dossiers of application for land use right certificates to
the provincial/municipal Services of Natural Resources and Environment;
b) The provincial/municipal Services of
Natural Resources and Environment shall have to sign the land use right
certificates if so authorized; propose the People's Committees of the same
level to sign the land use right certificates, if they are not authorized to
sign; sign land lease contracts for cases of land lease by the State;
c) The time for performing the jobs
prescribed at Points a and b of this Clause shall not exceed fifty five (55)
working days (excluding the time for land users to perform the financial
obligations) from the date the land use right registration offices receive the
complete and valid dossiers to the date the land users receive the land use
right certificates.
Article 138.- Order
and procedures of granting the land use right certificates to people's armed
force units currently using land for defense, security purposes
1. The land-using people's armed force units shall
each submit one dossier set, comprising:
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b) The decision of the Defense Minister or
the Public Security Minister on the army stationing position or work location;
c) The written authorization of application
for land use right certificate (if any);
d) The copy of the Prime Minister's decision
approving the planning on use of land for defense or security purposes in the
areas of military zones, the areas of units under the Border Guard Command, the
areas of provinces or centrally run cities with the names of units applying for
land use right certificates or the land assignment decision of a competent
State agency or papers certifying that the land is overtaken land or named in
the cadastral books of communes, wards, townships with the certification by the
commune, ward or township People's Committee of having been stably used and
dispute-free.
2. The granting of land use right
certificates is provided for as follows:
a) Within thirty (30) working days as from
the date of receiving the complete and valid dossiers, the land use right
registration offices shall have to make cadastral map extracts or extracted
cadastral measurement of the land plots, for localities where cadastral maps
are unavailable (only measuring around the boundaries of the land plots, not
measuring defense or security works, architectural works on the land plots),
make cadastral dossier extracts; send the cadastral map extracts, cadastral
dossier extracts together with the dossiers of application for land use right
certificates to provincial/municipal Services of Natural Resources and
Environment;
b) Within seven (7) working days after
receiving the dossiers, the provincial/municipal Services of Natural Resources
and Environment shall have to sign the land use right certificates in cases
they are authorized to do so; propose the People's Committees of the same level
to sign the land use right certificates in cases they are not authorized to do
so;
c) Within seven (7) working days after
receiving the reports, the provincial/municipal People's Committees shall have
to consider, sign and send to the provincial/municipal Services of Natural
Resources and Environment the land use right certificates;
d) Within six (6) working days after
receiving the certificates, the provincial/municipal Services of Natural
Resources and Environment shall have to send the land use right certificates to
their attached land use right registration offices for handing them to the
units being granted the land use right certificates.
Article 139.- Order
and procedures of granting land use right certificates to land use right
auction winners, winners of bidding for projects involving land use
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a) The document recognizing the land use
right auction winning results or land- using project bidding results according
to law provisions on land use right auctions;
b) The cadastral map extracts or the
extracted cadastral measurement of the land plot, for localities where
cadastral maps are unavailable;
c) Documents on fulfillment of financial
obligations (if any).
2. Within five (5) working days after
receiving the complete and valid dossiers, the land use right registration
offices shall have to examine the dossiers; make cadastral map extracts or
extracted cadastral measurement of the land plots, for localities where
cadastral maps are unavailable, cadastral dossier extracts and send them
together with the dossiers to the natural resources and environment offices of
the same level.
3. Within ten (10) working days after
receiving the dossiers, the provincial/municipal Services of Natural Resources
and Environment shall have to sign the land use right certificates as
authorized; the district-level Natural Resources and Environment Sections shall
have to propose the People's Committees of the same level to sign the land use
right certificates; the natural resources and environment offices shall send
the signed land use right certificates to their attached land use right
registration offices for handing them to the auction winners or bid winners.
Article 140.- Order
and procedures of granting the land use right certificates to land use right
transferees falling into the cases prescribed at Point j and k of Clause 1,
Article 99 of this Decree
1. The land use right transferees shall each
submit a dossier set, comprising:
a) One of the papers such as the minutes on
the results of successful conciliation of land disputes, recognized by
competent People's Committees; agreement on debt handling under mortgage or
guarantee contracts; administrative decisions on settlement of land-related
complaints or denunciations, extracts of judgments or decisions of people's
courts, judgment execution decisions of judgment executing bodies; written
recognitions of lawful land use right auctions; the documents on lawful
division or separation of land use rights by households or groups of persons
sharing the land use rights; decisions of competent agencies or organizations
on division, separation or merger of organizations; documents on lawful
division, separation or merger of economic organizations;
b) Documents on fulfillment of financial
obligations (if any).
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3. Within ten (10) working days after receiving
the dossiers, the provincial/municipal Services of Natural Resources and
Environment shall have to sign the land use right certificates as authorized;
the district-level Natural Resources and Environment Sections shall have to
propose the People's Committees of the same level to sign the land use right
certificates.
Article 141.- Order
and procedures of extending land use duration for land-using economic
organizations, overseas Vietnamese, foreign organizations, foreigners;
non-agricultural land-using households and individuals; households and
individuals not directly engaged in agricultural production and leased
agricultural land by the State
1. Six (6) months before the land use
duration expires, the land users wishing to extend land use duration shall each
submit one dossier set at the provincial/municipal Services of Natural
Resources and Environment, for economic organizations, overseas Vietnamese,
foreign organizations, foreigners; at the district-level Natural Resources and
Environment Sections, for households and individuals; such a dossier set shall
comprise:
a) The application for land use duration
extension, for households, individuals or economic organizations, overseas
Vietnamese, foreign organizations, foreigners that apply for the land use duration
extension of not more than twelve (12) months;
b) The production and/or project
supplementation project already approved, for economic organizations, overseas
Vietnamese, foreign organizations, foreigners that apply for the use duration
extension of over twelve (12) months.
The State agencies competent to approve
investment projects shall consider and approve the supplementation, for cases
where the projects are financed by the State budget or projects are invested
with foreign capital. The provincial/municipal Planning and Investment Services
shall consider and approve the supplementation for non-agricultural production
and/or business projects not financed by the State budget capital and being not
foreign-invested projects. The provincial/municipal Agriculture and Rural
Development Services shall consider and approve the supplementation for
agricultural production projects not financed by the State budget capital and
being not foreign-invested projects.
2. The extension is provided for as follows:
a) The natural resources and environment
offices shall have to examine the dossiers, certify land use demands in
compatibility with the extension applications or the approved production and/or
business supplementation projects; submit them to the People's Committees of
the same level for decision on the extension; direct their attached land use
right registration offices to make cadastral dossier extracts;
b) The land use right registration offices
shall have to make cadastral dossier extracts and send them to the natural
resources and environment offices of the same level and send the cadastral
figures to tax offices for determination of financial obligations;
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d) The natural resources and environment
offices shall have to adjust the land use duration on the land use right certificates
for cases of eligibility for land use duration extension;
e) The time for performing the jobs
prescribed at Points a, b, c and d of this Clause shall not exceed twenty (20)
working days (excluding the time for land users to perform their financial
obligations) from the date the natural resources and environment offices
receive complete and valid dossiers to the date the land users receive the land
use right certificates.
3. For cases of ineligibility for land use
duration extension, the natural resources and environment offices shall carry
out the land recovery according to the provisions of Clause 3, Article 132 of
this Decree.
Article 142.- Order
and procedures of extending the duration for use of land in hi-tech parks,
economic zones
1. Six (6) months before the land use
duration expires, the land users wishing to continue the land use shall each
submit one dossier set, comprising:
a) The land use duration extension
application;
b) The production and/or business
supplementation project already approved, for cases of applying for the land
use duration extension of over twelve (12) months.
In case of state budget-financed projects and
foreign-invested projects, the supplementation projects shall be considered and
approved by the state agencies competent to approve investment projects.
In cases where projects are financed neither
by the state budget capital nor foreign investment capital, the supplementation
projects shall be considered and approved by hi-tech park management boards or
economic zone management boards.
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a) Within seven (7) working days after
receiving the dossiers of application for land use duration extension, the
hi-tech park management boards or the economic zone management boards shall have
to consider and decide on the land re-assignment duration extension, land lease
contract extension; notify the land use duration extension applicants thereof
for performance of financial obligations;
b) Within five (5) working days after the
expiry of the land use duration, the land users shall have to submit the
expired land use certificates, the documents on financial obligation
fulfillment, for cases of eligibility for land use right duration extension, to
the hi-tech park management boards or the economic zone management boards;
c) Within five (5) working days after
receiving the certificates and financial vouchers, the hi-tech park management
boards or the economic zone management boards shall have to submit the land use
right certificates to the competent natural resources and environment offices
for adjustment;
d) Within seven (7) working days after
receiving the certificates and financial vouchers, the natural resources and
environment offices shall have to adjust the land use duration on the land use
right certificates and send them to the hi-tech park management boards or the
economic zone management boards;
e) Within five (5) working days after
receiving the certificates, the hi-tech park management boards or the economic
zone management boards shall have to hand the adjusted land use right
certificates to land users entitled to land use duration extension.
3. For cases of ineligibility for land use
duration extension, the natural resources and environment offices shall cover
the land according to the provisions of Clause 3, Article 132 of this Decree.
Article 143.- Order
and procedures of registering land use changes due to name changes, land area
shrinkage because of natural erosion or slides, changes in rights, changes in
financial obligations
1. Land users wishing to register land use
changes shall each submit one dossier set, comprising:
a) The application for registration of land
use changes;
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c) Other legal papers related to registration
of changes in land use.
2. The land use change registration is
stipulated as follows:
a) Within ten (10) working days after
receiving the complete and valid dossiers, the land use right registration
offices shall have to examine the dossiers, make certifications in the change
registration applications; if making extracted cadastral measurement of the
land plots, for cases of land area shrinkage due to natural erosion or slide,
they must conduct extracted cadastral measurement of the land plots, make
cadastral dossier extracts and send them together with the dossiers of
application for change registration to the natural resources and environment
offices of the same level;
b) Within seven (7) working days after
receiving the dossiers, the natural resources and environment offices shall
have to adjust the land use right certificates.
Article 144.- Order
and procedures of re-granting, changing land use right certificates
1. Land users wishing for re-granting,
changing the land use right certificates shall each submit one dossier set,
comprising:
a) The application for re-granting, changing
the land use right certificate;
b) The land use right certificate, in cases
of granting for change thereof.
2. The re-granting and changing of the land
use right certificates are stipulated as follows:
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b) The provincial/municipal Services of
Natural Resources and Environment shall sign the land use right certificates as
authorized; the district-level Natural Resources and Environment Sections shall
have to propose the People's Committees of the same level to sign for granting
the land use right certificates;
c) The time for performing the jobs prescribed
at Points a and b of this Clause shall not exceed twenty eight (28) working
days from the date the land use right registration offices receive the complete
and valid dossiers to the date the land users receive the land use right
certificates.
In case of applying for re-granting due to
the loss of land use right certificates, the land use right registration
offices shall have a longer duration of no more than forty (40) working days,
including ten (10) days for verification of the contents of the lost land use
right certificates and thirty (30) days for posting up the announcement on the
lost land use right certificates at the land use right registration offices and
at the offices of the People's Committees of communes, wards or townships where
exists the land.
Article 145.- Order
and procedures of land plot separation or consolidation
1. The land plot separation or consolidation
dossiers shall each comprise:
a) The land plot separation or consolidation
application of the land user, for cases where land users so wish when
exercising the rights over parts of the land plots or land recovery decisions
of competent State agencies when recovering parts of the land plots or one of
the documents prescribed at Point a, Clause 1, Article 140 of this Decree upon the
exercise of rights over parts of the land plots;
b) The land use right certificate or one of
the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the
Land Law (if any).
2. The land plot separation or consolidation
at land users' requests shall be carried out as follows:
a) The land plot separation or consolidation
applicants shall each compile a dossier set for submission at the
provincial/municipal Services of Natural Resources and Environment, for
organizations, religious establishments, overseas Vietnamese, foreign
organizations, foreigners; at the district-level Natural Resources and
Environment Sections, for households, individuals;
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c) Within ten (10) working days after
receiving the dossiers, the land use right registration offices shall have to
make cadastral map extracts or extracted cadastral measurement, for localities
where the cadastral maps are unavailable, make cadastral dossier extracts and
send them to the natural resources and environment offices of the same level;
d) Within ten (10) working days after
receiving the cadastral map extracts, the cadastral dossier extracts, the
district-level Natural Resources and Environment Sections shall have to
withdraw the granted land use right certificates or one of the land use right
papers prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, propose
the People's Committees of the same level to consider and sign the land use
right certificates for the new land plots; the provincial/municipal Services of
Natural Resources and Environment shall have to withdraw the granted land use
right certificates or one of the land use right papers prescribed in Clauses 1,
2 and 5, Article 50 of the Land Law and sign the land use right certificates
for the new land plots if being so authorized, or propose the People's
Committees of the same level to consider and sign the land use right
certificates for the new land plots in case of being not authorized;
e) Within seven (7) working days after
receiving the reports, the competent People’s Committees shall consider, sign
and send to their attached natural resources and environment offices the land
use right certificates for the new land plots, except for cases where the
provincial/municipal Services of Natural Resources and Environment are authorized;
f) Within five (5) working days after the
land use right certificates are signed, the natural resources and environment
offices shall have to hand the originals of the land use right certificates
over the new land plots to the land users; send the copies of the signed land
use right certificates, the originals of the withdrawn land use right
certificates or one of the land use right papers prescribed in Clause 1, 2 and
5, Article 50 of the Land Law, which was withdrawn, to their attached land use
right registration offices; send the notices on land use changes to the land
use right registration offices under the provincial/municipal Services of
Natural Resources and Environment for adjustment of the original cadastral
dossiers.
3. The land plot separation or consolidation
in cases where the State recovers parts of land plots or in the cases
prescribed at Point e, Clause 5, Article 41 of this Decree shall be carried out
as follows:
a) Basing themselves on the land recovery
decisions or one of the documents prescribed at Point a, Clause 1, Article 140
of this Decree, the natural resources and environment offices shall have to
compile the dossiers on land plot separation or consolidation prescribed in
Clause 1 of this Article;
b) To effect the land plot separation or
consolidation according to the provisions of Points b, c, d, e and f, Clause 2
of this Article.
Section 3. ORDER AND
ADMINISTRATIVE PROCEDURES IN THE EXERCISE OF LAND USERS' RIGHTS
Article 146.-
Contracts on land use rights
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2. The contracts on land use right exchange,
transfer, lease or sublease; the contracts or documents on land use right
donation; the contracts on mortgage, guarantee or capital contribution with the
rights to use the land under common use by the households must be agreed upon
and signed by all members of such households, who have full civil act capacity,
or their written authorization according to civil law provisions.
3. The contracts on land use right transfer,
lease, sublease; the contracts or written documents on land use right donation;
the contracts on mortgage, guarantee or capital contribution with the rights to
use the land under the common use by groups of land users must be agreed upon and
signed or authorized in writing by all members of the groups according to civil
law provisions.
4. The contracts on land use right exchange,
transfer, lease, sublease; the contracts or written documents on land use right
donation; the contracts on mortgage, guarantee or capital contribution with the
land use rights shall take effect as from the time of registration at the land
use right registration offices. The priority order of payment for obligations
related to the land use rights shall be determined according to the order of
registration at the land use right registration offices.
The effect of testaments or inheritance
division records, written commitments to land use right donation shall comply
with civil law provisions.
Article 147.- Order
and procedures of exchanging the agricultural land use rights of households,
individuals
1. Cases of exchange under the common policy
of "land plot swap for field consolidation" shall comply with the
following regulations:
a) Agricultural land-using households and individuals
shall themselves reach mutual agreement in writing on exchange of agricultural
land use rights; submit the written agreements enclosed with the land use right
certificates or one of the land use right papers prescribed in Clauses 1, 2 and
5, Article 50 of the Land Law (if any);
b) The commune, ward or township People's
Committees shall draw up general plans on agricultural land use right exchanges
for the whole communes, wards or townships (including the schedule for
implementation of exchanges) and send such plans to the district-level Natural
Resources and Environment Sections;
c) The district-level Natural Resources and
Environment Sections shall have to examine the plans and direct their attached
land use right registration offices to prepare the cadastral dossiers;
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e) The district-level Natural Resources and
Environment Sections shall have to examine the dossiers and submit them to the
People's Committees of the same level for decision;
f) The People's Committees of rural
districts, urban districts, provincial capitals or towns shall have to examine
and sign the land use right certificates for exchanged land plots and send them
to the district-level Natural Resources and Environment Sections.
2. The agricultural-land use right exchange
between two households, two individuals shall be carried out as follows:
a) Households or individuals wishing to
exchange their agricultural land use rights shall each submit one dossier set
comprising the land use right exchange contract; the land use right
certificates or one of the land use right papers prescribed in Clauses 1, 2 and
5, Article 50 of the Land Law (if any);
b) Within two (2) working days after
receiving the complete and valid dossiers, the commune, ward or township
People's Committees shall have to send the dossiers to the land use right
registration offices of the district-level Natural Resources and Environment
Sections;
c) Within three (3) working days after
receiving the complete and valid dossiers, the land use right registration
offices shall have to make cadastral dossier extracts and adjust the land use
right certificates or carry out procedures for granting the land use right
certificates, for cases of granting new land use right certificates.
Article 148.- Land
use right transfer order and procedures
1. The land use transferees shall each submit
one dossier set, comprising:
a) The land use right transfer contract;
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2. The land use right transfer shall be
carried out as follows:
a) Within three (3) working days after
receiving the complete and valid dossiers, the land use right registration
offices shall have to examine the dossiers, extract the cadastral maps; send
cadastral figures to tax offices for determination of financial obligations;
adjust the granted land use right certificates or carry out procedures to grant
land use right certificates for cases of granting new certificates;
b) Within three (3) working days as from the
date of receiving the notices on financial obligations, the land use right
registration offices or the commune, township People's Committees shall have to
notify the transferors and the transferees of the financial obligations they
have to perform;
c) Within three (3) working days as from the
date the transferors and the transferees fulfill their financial obligations,
the land use right registration offices or the commune or township People’s
Committees of the localities where exists the land shall have to hand the land
use right certificates to the land use right transferees.
Article 149.- Order,
procedures of registering land use right lease, sublease
1. The land use right lessors or sublessors
shall each submit one dossier set, comprising:
a) The land use right-leasing or sub-leasing
contract;
b) The land use right certificate or one of
the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the
Land Law (if any).
2. Within five (5) working days after
receiving the complete and valid dossiers, the land use right registration
offices shall have to carry out the procedures for land use right lease or
sublease registration into the cadastral dossiers and adjust the granted land
use right certificates or carry out the procedures to grant the land use right
certificates for cases of granting new certificates.
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Article 150.- Order
and procedures of deleting land use right lease or sublease registration
1. After the land use right-leasing or
subleasing contracts expire, the land use right lessors or sublessors shall
each submit one dossier set, comprising:
a) The certification of liquidation of land
lease contract in the signed land lease contract, or the written land lease
contract liquidation;
b) The land use right certificate.
2. Within five (5) working days after receiving
the complete and valid dossiers, the land use right registration offices shall
have to delete the lease or sublease registration in the cadastral dossiers and
adjust the land use right certificates.
Article 151.- Land
use right-inheriting order and procedures
1. The heirs shall each submit one dossier
set, comprising:
a) The testament; the inheritance division
records; the people's court's legally effective judgment or decision on
settlement of dispute over land use right inheritance; the heir's written
request, for cases where she/he is the only heir;
b) The land use right certificate or one of
the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the
Land Law (if any).
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a) Within four (4) working days after
receiving the complete and valid dossiers, the land use right registration
offices shall have to examine the dossiers, extract the cadastral dossiers;
send the cadastral figures to tax offices for determination of the financial
obligations (if any); adjust the granted land use right certificates or carry
out procedures to grant the land use right certificates for cases of having to
grant new certificates;
b) Within three (3) working days after
receiving the notices on financial obligations, the land use right registration
offices or the commune or township People's Committees of the localities where
exists the land shall have to notify the land use right heirs of the financial
obligations they have to perform under law provisions;
c) Within three (3) working days after the
land use right heirs fulfill the financial obligations, the land use right
registration offices or the commune or township People's Committees of the
localities where exists the land shall have to hand the land use right
certificates to them.
Article 152.- Land
use right donation order and procedures
1. The land use right donees shall each
submit one dossier set, comprising:
a) The land use donation written commitment,
contract or decision of organizations;
b) The land use right certificate or one of
the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the
Land Law (if any).
2. The land use right donation shall be
carried out as follows:
a) Within four (4) working days as from the date
of receiving the complete and valid dossiers, the land use right registration
offices shall have to examine the dossiers, extract the cadastral dossiers;
send the cadastral figures to tax offices for determination of financial
obligations (if any); adjust the granted land use right certificates or carry
out procedures for granting the land use right certificates for cases of having
to grant new certificates;
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c) Within three (3) working days after the
donees fulfill their financial obligations, the land use right registration
offices or the commune or township People's Committees shall have to hand the
land use right certificates to them.
Article 153.- Order
and procedures of registering the mortgage or guarantee with the land use
rights
1. Within five (5) working days after the
credit contracts are signed, the parties involved in the land use right
mortgage or guarantee shall each have to submit one dossier set, comprising:
a) The land use right mortgage or guarantee
contract;
b) The land use right certificate or one of
the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the
Land Law (if any).
2. Within five (5) working days after
receiving the complete and valid dossiers, the land use right registration
offices shall register the land use right mortgage or guarantee into the
cadastral dossiers and adjust the granted land use right certificates or carry
out procedures for granting the land use right certificates in cases of having
to grant new certificates.
3. The registration for changes in the land
use right mortgage or guarantee contents; the correction of errors in the
registered land use right mortgage or guarantee contents shall comply with the
order and procedures for land use right mortgage or guarantee registration
prescribed in Clause 2 of this Article.
Article 154.- Order
and procedures of registering the deletion of land use right mortgage or
guarantee registration
1. After fulfilling their debt repayment
obligations, the land use right mortgagors or the land use right guarantors
shall each submit one dossier set comprising:
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b) The land use right certificate.
2. Within five (5) working days after
receiving the complete and valid dossiers, the land use right registration
offices shall examine the fulfillment of debt repayment obligations of the
applicants for deletion of mortgage or guarantee registration; carry out the
deletion of mortgage or guarantee registration in the cadastral dossiers and
adjust the land use right certificates.
3. The order and procedures for registering
the deletion of land use right mortgage or guarantee registration; registering
the results of handling of the mortgaged land use right property, registering
the results of handling of the guaranteed land use right property shall comply
with the order and procedures prescribed for deletion of land use right
mortgage or guarantee registration provided for in Clauses 1 and 2 of this
Article.
Article 155.- Order
and procedures of registering capital contribution with the land use rights
1. The contributors of capital with the land
use rights shall each have to submit one dossier set comprising:
a) The contract on contribution of capital
with the land use rights;
b) The land use right certificates or one of
the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the
Land Law (if any).
2. Within ten (10) working days after
receiving the complete and valid dossiers, the land use right registration
offices shall have to examine the dossiers, register the capital contribution
in the cadastral dossiers, adjust the land use right certificates or carry out
procedures for granting of land use right certificates, for cases of having to
grant new certificates.
Article 156.- The order
and procedures for deleting the registration of capital contribution with the
land use rights
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a) The contract on termination of capital
contribution;
b) The land use right certificate.
2. In case of deleting the capital
contribution registration and having previously, upon the capital contribution,
only adjusted the land use right certificates (due to non-change in the land
plots), within five (5) working days after receiving the complete and valid
dossiers, the land use right registration offices shall have to examine the
dossiers, delete the capital contribution registration in the cadastral dossiers
and adjust the land use right certificates.
3. In case of deleting the capital
contribution registration and having previously, upon the capital contribution,
granted the land use right certificates to new legal persons (due to changes in
the land plots), the order and procedures are as follows:
a) Within three (3) working days after
receiving the complete and valie dossiers, the land use right registration
offices shall have to make cadastral dossier extracts and send them together
with the dossiers to the provincial/municipal Services of Natural Resources and
Environment;
b) Within five (5) working days after
receiving the dossiers, the provincial/municipal Services of Natural Resources
and Environment shall adjust the land use right certificates, for cases of
non-changes in land plots, or withdraw the granted land use right certificates,
for cases of changes in land plots; where the capital contributors are economic
organizations, overseas Vietnamese, foreign organizations, foreign individuals
whose land use terms have not yet expired after termination of capital
contribution, they shall sign the land use right certificates for granting to
the capital contributors and send them to the attached land use right
registration offices; where the capital contributors are households,
individuals whose land use terms have not yet expired after termination of
capital contribution, the land use right certificates withdrawn from new legal
persons shall be sent to the Natural Resources and Environment Sections of the
localities where exists the land;
c) Within three (3) working days after
receiving the dossiers, the district-level Natural Resources and Environment
Sections shall have to examine the dossiers and submit them to the People's
Committees of the same level for deciding on the granting of land use right
certificates to households or individuals that have contributed capital and
whose land use terms have not yet expired after termination of capital
contribution;
d) Within three (3) working days after
receiving the reports, the People's Committees of rural districts, urban
districts, provincial capitals or towns shall have to consider and sign the
land use right certificates.
4. Where the land use term expires
simultaneously with the termination of capital contribution, if the capital
contributors wish to continue using the land, they shall carry out the
procedures to apply for extension of land use duration under the provisions in
Articles 141 and 142 of this Decree; if the capital contributors do not apply
for such extension or are not allowed for land use duration extension, the
natural resources and environment offices shall carry out procedures for
recovering the land according to the provisions of Clause 3, Article 132 of
this Decree.
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1. Organizations which have handled the land
use rights mortgaged, used for guarantee or capital contribution, or have
distrained for auction the land use rights for judgment execution according to
law provisions shall have to submit for the land use right transferees one
dossier set, comprising:
a) The contract on mortgage of, guarantee or
capital contribution with, the land use rights or decision of the
judgment-executing body to distrain the land use rights for auction;
b) The land use right certificate or one of
the land use right papers prescribed in Clauses 1, 2 and 5, Article 50 of the
Land Law (if any);
c) Vouchers on performance of the financial
obligations (if any);
d) Documents on auction results in case of
auction of the land use right.
2. The land use right receipt registration
shall be carried out as follows:
a) Within five (5) working days after
receiving the complete and valid dossiers, the land use right registration
offices shall have to examine the dossiers, make cadastral map extracts or
extracted cadastral measurement of the land plots, for localities where
cadastral maps are unavailable, copies of cadastral dossier extracts and send
them together with the dossiers to the natural resources and environment
offices of the same level;
b) Within five (5) working days after
receiving the dossiers, the natural resources and environment offices shall
have to adjust the granted land use right certificates or carry out procedures
for granting the land use right certificates in case of having to grant new
certificates.
Article 158.- Order
and procedures for selling, purchasing, leasing, inheriting or donating assets
affixed to land, mortgaging, providing guarantee or contributing capital with
assets affixed to land
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2. The Ministry of Justice shall assume the
prime responsibility for, and coordinate with the Ministry of Natural Resources
and Environment as well as other concerned ministries, branches in, guiding in
detail the exercise of the rights to buy, sell, lease, inherit, donate assets
affixed to land, to mortgage, provide guarantee or contribute capital with
assets affixed to land.
Chapter XII
SETTLEMENT
OF LAND-RELATED DISPUTES, COMPLAINTS
Article 159.-
Conciliation of land disputes
1. The land disputing parties must take
initiative in meeting each other for conciliation among themselves; if failing
to reach mutual agreement, they shall go through grassroots conciliation for
settlement of their land disputes.
2. Where the disputing parties cannot make
conciliation, they shall file applications to the People's Committees of the
communes, wards or townships where exist the disputes for conciliation. The
conciliation must be recorded in writing with signatures of the parties and
certification of successful or unsuccessful conciliation by the commune, ward
or township People's Committees.
The conciliation records shall be sent to the
disputing parties and kept at the People's Committees of the communes, wards or
townships where exists the disputed land.
3. For case of successful conciliation
entailing the changes in the current land boundaries and/or land users, the
commune, ward or township People's Committees shall send the conciliation
records to the district-level Natural Resources and Environment Sections, for
land disputes among households, individuals, population communities; or to the
provincial/municipal Services of Natural Resources and Environment for other
cases.
The district-level Natural Resources and
Environment Sections and the provincial/municipal Natural Resources and
Environment Services shall report thereon to the People's Committees of the
same level for decision on recognition of changes in the land plot boundaries
and granting of new land use right certificates.
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For land disputes where the disputing parties
do not have the land use right certificates or any of the land use right papers
prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law, the disputing
parties shall file their applications to administrative agencies for
settlement. The administrative agencies of all levels shall settle land
disputes according to the following regulations:
1. The presidents of the People's Committees
of rural districts, urban districts, provincial capitals or towns shall settle
land disputes among households, individuals or population communities.
In case of disagreeing with the settling
decisions of the presidents of People's Committees of rural districts, urban
districts, provincial capitals or towns, the disputing parties may file their
applications for land dispute settlement to the presidents of
provincial/municipal People's Committees; the land dispute-settling decisions
of the provincial/municipal People's Committee presidents shall be the final
ones.
2. The provincial/municipal People's
Committee presidents shall settle land disputes among organizations, religious
establishments, overseas Vietnamese, foreign organizations, foreigners or
between organizations, religious establishments, overseas Vietnamese, foreign
organizations or foreigners and households, individuals or population
communities.
In case of disagreeing with the settling decisions
of presidents of provincial/municipal People's Committees, the disputing
parties may file their applications for land dispute settlement to the Ministry
of Natural Resources and Environment; the land dispute-settling decisions of
the Minister of Natural Resources and Environment shall be the final ones.
Article 161.- Grounds
for settling land disputes in cases where the disputing parties do not have
land use right papers
The land disputes where the disputing parties
do not have land use right certificates or any of the land use right papers
prescribed in Clauses 1, 2 and 5, Article 50 of the Land Law shall be settled
on the following grounds:
1. The evidences of land origin and land use
course, presented by the disputing parties.
2. Opinions of the commune, ward or township
land dispute settlement advisory councils set up by commune, ward or district
People's Committees, each comprising:
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b) The representative of the commune, ward or
township Vietnam Fatherland Front Committee;
c) The leaders of population groups, for
urban areas; chiefs of villages, hamlets, for rural areas;
d) Representatives of a number of households
living for a long time in the commune, ward or district township, who know
clearly the origins and course of using such land plots;
e) The commune, ward or township cadastral
personnel and justice officials.
3. The actual land areas being used by the
disputing parties outside the land areas being on dispute and the average land
area for each family member in the locality.
4. The compatibility of the current use of
the land plots being on dispute with the approved detailed land use planning.
5. The State's policies on preferential treatment
of people with meritorious services to the country.
6. The law provisions on land assignment,
land lease.
Article 162.- The
complained administrative decisions or administrative acts
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a) Decisions on land assignment, land lease,
land recovery or requisition, land use purpose change permission;
b) Decisions on compensation, support, ground
clearance, resettlement;
c) Granting or withdrawal of land use right
certificates;
d) Decisions on the land use duration
extension.
2. The complained administrative acts in land
management are acts committed by officials or State employees while settling
matters within the scope prescribed in Clause 1 of this Article.
Article 163.- Order
of settling complaints about administrative decisions of People's Committees of
rural districts, urban districts, provincial capitals or towns; administrative
acts of officials and employees of the commune, ward or township People's
Committees, of district-level Natural Resources and Environment Sections, of
the People's Committees of rural districts, urban districts, provincial
capitals or towns.
1. Within thirty (30) days after the People's
Committees of rural districts, urban districts, provincial capitals or towns
issue administrative decisions in land management or officials and/or employees
of commune, ward or township the People's Committees, district-level Natural
Resources and Environment Sections or of People's Committees of rural
districts, urban districts, provincial capitals or towns commit administrative
acts in handling matters related to land management, if the persons with
related interests and obligations disagree with such administrative decisions
or acts, they may file their complaints to the People's Committees of rural
districts, urban districts, provincial capitals or towns.
2. The presidents of the People's Committees
of rural districts, urban districts, provincial capitals or towns shall have to
settle complaints within the time limits prescribed in the Law on Complaints
and Denunciations.
The settling decisions of the presidents of
the People's Committees of rural districts, urban districts, provincial
capitals or towns must be publicized and sent to the complainants as well as
other persons with related interests and obligations.
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In cases where complaints are lodged to
provincial/municipal People's Committees, the presidents of the
provincial/municipal People's Committees shall have to settle the complaints
within the time limits prescribed in the Law on Complaints and Denunciations.
The complaint-settling decisions of the provincial/municipal People's Committee
presidents shall be the final ones, which must be publicized and sent to the
complainants and other persons with related interests and obligations.
4. The complaint-receiving agencies shall
have to note them down in the complaint settlement-monitoring books.
Article 164.- Order
of settling complaints about administrative decisions of Natural Resources and
Environment Services or People's Committees of provinces or centrally run
cities; administrative acts of officials or employees of provincial/municipal
Natural Resources and Environment Services or provincial/municipal People's
Committees
1. Within thirty (30) days as from the date
the Natural Resources and Environment Services or People's Committees of
provinces or centrally run cities issue administrative decisions in land management
or officials or employees of the Natural Resources and Environment Services or
the People's Committees of provinces or centrally run cities commit
administrative acts in handling matters related to land management, if the
persons with related interests and obligations disagree with such
administrative decisions or administrative acts, they may file their complaints
to the provincial/municipal People's Committees.
2. The provincial/municipal People's
Committee presidents shall have to settle the complaints within the time limits
prescribed in the Law on Complaints and Denunciations.
The provincial/municipal People's Committee
presidents' complaint-settling decisions must be publicized and sent to the
complainants and other persons with related interests and obligations.
3. Within forty five (45) days as from the
date of issuance of the settling decisions of the provincial/municipal People's
Committee presidents, if the complainants disagree with such settling
decisions, they may initiate lawsuits at people's courts.
4. The complaint-receiving agencies shall
have to inscribe them in the complaint settlement-monitoring books.
Article 165.-
Settlement of complaints about administrative decisions, administrative acts
related to land management, which do not fall within the cases prescribed in
Article 162 of this Decree
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Chapter XIII
DETECTION
AND HANDLING OF LAND-RELATED LAW VIOLATIONS BY MANAGERS
Section 1. PRINCIPLES
FOR HANDLING OF VIOLATIONS, DISCIPLINARY FORMS AND MATERIAL LIABILITY-HANDLING
MEASURES APPLICABLE TO MANAGERS
Article 166.-
Subjects of violation handling
1. Heads of organizations, heads of agencies
competent to decide on land management, who commit acts of violating land
legislation.
2. Officials and employees of land management
agencies at all levels and commune, ward or township cadastral officers, who
commit acts of violating the regulations on administrative order and procedures
in land management.
3. Heads, officials, employees, personnel of
organizations assigned land by the State for management in the cases prescribed
in Clause 1, Article 3 of this Decree, who commit acts of violating land
legislation with regard to land assigned for management.
Article 167.-
Violation-handling principles
1. All violations must be detected, stopped
and handled in time. The disciplining and material liability handling must be
conducted in a swift, fair and resolute manner; all consequences of violations
must be addressed according to the provisions of this Decree and relevant law
provisions.
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The disciplinary forms and extents shall be
determined on the basis of the nature and extents of consequences of violation
acts, personal records of violators.
3. Acts of violating land legislation
committed by State officials or employees while performing the official duties
related to land management, which do not fall within the cases prescribed in
Section 2 of this Chapter shall be handled with discipline and material
liability according to relevant law provisions.
4. The disciplinary and material liability
handling must be decided by competent persons.
5. A violation act shall be subject to only
one disciplinary form.
If many persons commit one violation act,
each violators shall be handled.
If a person commits many violation acts at a
time, he/she shall be handled for every violation act and subject to the
disciplinary form one level higher than the disciplinary form corresponding to
the most serious violation act.
6. The disciplinary time limit in the field
of land management shall be three (3) months as from the date of detection of
violation act; where violation acts involve complicated circumstances requiring
more time for examination and verification, the consideration time limit may be
prolonged but shall not exceed six (6) months, except for cases prescribed in
Clause 4, Article 9 of the Government's Decree No. 97/1998/ND-CP of November
17, 1998 on disciplinary and material liability handling of public servants.
If within the disciplinary time limit the
violating individuals commit new violation acts prescribed in this Decree or
deliberately shirk or obstruct the disciplinary handling, the time limit shall
be recalculated from the date of detecting the new violation acts or the date
of stopping acts of deliberately shirking or obstructing the disciplinary
handling.
7. Where violation acts show criminal signs,
they shall be examined for penal liability under the provisions of the Penal
Code.
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1. The disciplinary forms shall include:
a) Reprimand;
b) Caution;
c) Salary -grade lowering;
d) Salary -rank lowering;
e) Dismissal from office;
f) Sacking.
2. Material liability handling measures shall
include:
a) Forcible compensations to the State,
sufferers from damage caused by violation acts;
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Section 2. VIOLATION
ACTS, FORMS OF VIOLATION HANDLING APPLICABLE TO MANAGERS
Article 169.-
Violations of regulations on administrative boundary dossiers and markers
1. The violations of regulations on
administrative boundary dossiers and markers include the following acts:
a) Distorting the plans on positions, the
table of coordinates, records on handover of administrative boundary markers;
b) Implanting administrative boundary markers
at wrong places on the field.
2. Disciplinary forms are prescribed as
follows:
a) Those who commit acts prescribed at Point
a, Clause 1 of this Article due to lack of responsibility shall be subject to
reprimand, repeat such acts due to lack of responsibility shall be subject to
caution, deliberately commit them shall be subject to salary grade lowering;
intentionally relapse into violations shall be subject to salary rank lowering;
b) Those who commit acts prescribed at Point
b, Clause 1 of this Article due to lack of responsibility shall be subject to
caution; repeat such acts due to lack of responsibility shall be subject to
salary grade lowering; intentionally commit them shall be subject to salary
rank lowering; intentionally relapse into violations shall be dismissed from
office or sacked.
Article 170.-
Violations of regulations on land use plannings, plans
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a) Failing to publicize or publicizing late
detailed land use plannings, detailed land use plans, which have been already
approved; failing to publicize or publicizing late the adjustment or
cancellation of land use plans; losing, distorting detailed land use planning
maps;
b) Implanting detailed land use planning
boundary markers at wrong places on the field;
c) Letting the occurrence of construction,
real estate investment in contravention of detailed land use plannings,
detailed land use plans in the land areas to be recovered for execution of
approved detailed land use plannings, detailed land use plans.
2. Disciplinary forms are prescribed as
follows:
a) Those who commit acts prescribed at Point
a, Clause 1 of this Article due to lack of responsibility shall be subject to
reprimand; repeat the acts due to lack of responsibility shall be subject to
caution; intentionally commit the acts shall be subject to salary grade
lowering; intentionally repeat the acts shall be subject to salary rank
lowering or dismissal from office;
b) Those who commit acts prescribed at Points
b and c, Clause 1 of this Article due to lack of responsibility shall be
subject to reprimand or caution, repeat the acts due to lack of responsibility
shall be subject to caution or salary grade lowering; intentionally commit the
acts shall be subject to salary rank lowering or dismissal from office;
intentionally repeat the acts shall be dismissed from office or sacked.
Article 171.-
Violations of regulations on land assignment, land lease, land use purpose
change
1. Violations of regulations on land
assignment, land lease, land use purpose changes include the following acts:
a) Assigning land, re-assigning land or
leasing land not at the right positions and not with the right land acreages on
the field;
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2. Disciplinary forms are prescribed as
follows:
a) Those who commit acts prescribed at Point
a, Clause 1 of this Article due to lack of responsibility shall be subject to
caution; repeat the acts due to lack of responsibility shall be subject to
salary grade lowering; intentionally commit the acts shall be subject to salary
rank lowering or dismissal from office, intentionally repeat the acts shall be
dismissed from office or sacked;
b) Those who commit acts prescribed at Point
b, Clause 1 of this Article due to lack of responsibility shall be subject to
caution or salary grade lowering; repeat the acts due to lack of responsibility
shall be subject to salary rank lowering or dismissed from office;
intentionally commit the acts shall be dismissed from office; intentionally
relapse violations shall be sacked.
Article 172.-
Violations of regulations on land recovery
1. Violations of regulations on land recovery
include the following acts:
a) Failing to notify in advance the persons
having land to be recovered according to the provisions in Article 39 of the
Land Law; failing to publicize plans on compensations, resettlement;
b) Making compensations not to the right
subjects, the right land acreage, not at the right levels to persons having
land recovered; distorting land recovery dossiers; wrongly determining
positions and acreages of recovered land on the field;
c) Recovering land not according to competence;
not according to the right subjects, not according to the approved detailed
land use plannings, detailed land use plans.
2. Disciplinary forms are prescribed as
follows:
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b) Those who commit acts prescribed at Point
b, Clause 1 of this Article due to lack of responsibility shall be subject to
reprimand or caution, repeat the acts due to the lack of responsibility shall
be subject to caution or salary grade lowering; intentionally commit the acts
shall be subject to salary rank lowering or dismissed from office,
intentionally relapse into violations shall be dismissed from office or sacked;
c) Those who commit acts prescribed at Point
c, Clause 1 of this Article due to lack of responsibility shall be subject to
caution or salary grade lowering; repeat the acts due to lack of responsibility
shall be subject to caution of salary rank lowering; intentionally commit the
acts shall be subject to salary rank lowering or dismissed from office;
intentionally relapse into violations shall be sacked.
Article 173.-
Violations of regulations on land requisition
1. Violations of regulations on land
requisition include the following acts:
a) Making compensations not to the right
subjects, the right land acreage, not at the right level, not within the
prescribed time limit for persons having land requisitioned;
b) Requisitioning land at variance with the
cases prescribed in Clause 1, Article 37 of this Decree.
2. Disciplinary forms are prescribed as
follows:
a) Those who commit acts prescribed at Point
a, Clause 1 of this Article due to lack of responsibility shall be subject to
reprimand, repeat the acts due to lack of responsibility shall be subject to
caution; intentionally commit the acts shall be subject to salary grade
lowering; intentionally relapse into violations shall be subject to salary rank
lowering or dismissal from office;
b) Those who commit acts prescribed at Point
b, Clause 1 of this Article due to lack of responsibility shall be subject to
caution; repeat the acts due to lack of responsibility shall be subject to
salary grade lowering; intentionally commit the acts shall be subject to salary
rank lowering; intentionally relapse into violations shall be dismissed from
office or sacked.
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1. Violations of regulations on management of
land assigned by the State for management include the following acts:
a) Letting persons permitted by law for
temporary use of land use the land for wrong purposes;
b) Using the land for wrong purposes;
c) Letting land be encroached upon, occupied,
lost.
2. Disciplinary forms are prescribed as
follows:
a) Those who commit acts prescribed at Point
a, Clause 1 of this Article shall be subject to reprimand or caution; repeat
the acts shall be subject to salary grade lowering;
b) Those who commit acts prescribed at Point
b, Clause 1 of this Article shall be subject to caution; repeat the acts shall
be subject to salary rank lowering or dismissed from office;
c) Those who commit acts prescribed at Point
c, Clause 1 of this Article shall be subject to caution or salary grade
lowering; repeat the acts shall be subject to salary rank lowering or dismissed
from office.
Article 175.-
Violations of regulations on observance of order and administrative procedures
in land management and use
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a) Refusing to receive complete and valid
dossiers, refusing to provide detailed guidance upon receipt of dossiers,
causing troubles for dossier submitters, receiving dossiers without making
entries into monitoring books;
b) Setting at their own will administrative
procedures outside the general regulations, causing troubles for applicants in
carrying out the administrative procedures;
c) Settling the administrative procedures not
in the prescribed order, delaying the delivery of assorted papers already
signed by competent bodies to the applicants for carrying out the
administrative procedures;
d) Settling the administrative procedures
later than schedule;
e) Refusing to carry out or failing to carry
out the administrative procedures which, according to law provisions, must be
carried out eligibly;
f) Carrying out the administrative procedures
not according to competence;
g) Deciding, inscribing opinions or
certifications on dossiers in contravention of regulations, thus causing damage
or creating conditions for applicants for carrying out administrative
procedures to cause damage to the State, organizations and citizens;
h) Losing, damaging, distorting contents of
dossiers.
2. Disciplinary forms are prescribed as
follows:
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b) Those who commit acts prescribed at Points
b and e, Clause 1 of this Article due to lack of responsibility shall be subject
to caution; repeat the acts due to lack of responsibility shall be subject to
salary grade lowering; intentionally commit the acts shall be subject to salary
rank lowering; intentionally relapse into violations shall be dismissed from
office or sacked;
c) Those who commit acts prescribed at Point
d, Clause 1 of this Article due to lack of responsibility shall be subject to
reprimand; repeat the acts due to lack of responsibility shall be subject to
caution; intentionally commit the acts shall be subject to salary grade
lowering; intentionally relapse into violations shall be subject to salary rank
lowering or dismissed from office;
d) Those who commit acts prescribed at Points
f and g, Clause 1 of this Article shall be subject to caution or salary grade lowering;
repeat the acts shall be dismissed from office or sacked;
e) Those who commit acts prescribed of Point
h, Clause 1 of this Article due to lack of responsibility shall be subject to
reprimand or caution; repeat the acts due to lack of responsibility shall be
subject to caution or salary grade lowering; intentionally commit the acts
shall be subject to salary rank lowering; intentionally relapse into violations
shall be dismissed from office or sacked.
Article 176.-
Application of material liability handling measures
Apart from the disciplinary forms prescribed
in Clause 2 of Articles 169, 170, 171, 172, 173, 174 and 175 of this Decree,
the persons committing the violation acts prescribed in Clause 1 of Articles
169, 170, 171, 172, 173, 174 and 175 of this Decree shall also be subject to
the application of material liability handling measures prescribed in Decree
No. 97/1998/ND-CP of November 17, 1998 of the Government on disciplining and
material-liability handling of public servants.
Section 3. COMPETENCE,
ORDER FOR DISCIPLINING MANAGERS
Article 177.-
Disciplinary competence, order
1. The competence to discipline officials,
employees who commit violation acts shall comply with the general provisions on
personnel management decentralization.
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3. Where public servants were disciplined but
are deemed that their continued holding of the working positions from which
they had committed violations is not beneficial, the competent agencies shall
arrange them to other jobs.
4. If detecting criminal signs in the course
of considering the disciplining of public servants, the persons with
disciplining competence shall propose the competent bodies to examine the penal
liability.
Article 178.- Rights
of disciplined persons
1. Disciplined public servants may complain
about the disciplinary decisions; denounce acts of abusing positions and powers
or acting ultra vires by persons with disciplinary competence prescribed in
Clause 1, Article 177 of this Decree.
2. The settlement of complaints about
disciplinary decisions and denunciations regarding cases prescribed in Clause 1
of this Article shall comply with the provisions of the Law on Complaints and
Denunciations.
Article 179.-
Handling of violations of land legislation committed by managers before the
effective date of this Decree
1. Violation acts already handled before the
effective date of this Decree shall not be subject to the application of
provisions of this Decree.
2. Violation acts committed before the
effective date of this Decree, which were detected and have not yet been
handled, shall be handled according to the provisions of legislation on public
servants.
Section 4. DETECTION
AND HANDLING OF CASES OF VIOLATION OF LAND LEGISLATION
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1. The People's Committees and land
management agencies at all levels shall have to publicize their exclusive
telephone numbers, mail boxes and addresses for receiving of detections and
proposals of organizations and citizens regarding cases of violating land
legislation; the State agencies with conditions shall additionally organize the
reception of detections and proposals of organizations and citizens by fax,
electronic mails, websites or other forms of information.
2. The People's Committees and land
management agencies at all levels shall have to arrange personnel to receive
detections, proposals of organizations, citizens; the personnel receiving
detections and proposals shall have to enter them into books monitoring the
settlement of detections and proposals.
3. State agencies receiving detections and/or
proposals of organizations or citizens, which do not fall under their settling
competence, shall have to transfer such detections and/or proposals to the
State bodies with settling competence, defined in Clause 1, Article 144 of the
Land Law.
4. Organizations and citizens detecting cases
of violating land legislation shall have the right and responsibility to
transfer their detections and proposals to the State bodies with settling
competence, defined in Clause 1, Article 144 of the Land Law.
5. Organizations and citizens may send their
detections, proposals to news and press agencies; the news and press agencies
shall consider the publicization of such detections and/or proposals on the
mass media and transfer them to the competent State bodies defined in Clause 1,
Article 144 of the Land Law for settlement.
Article 181.-
Settlement of detections and proposals of organizations, citizens regarding
cases of violating land legislation
The State bodies defined in Clause 1, Article
144 of the Land Law shall have to settle detections and proposals of
organizations, citizens regarding cases of violating land legislation according
to the following regulations:
1. Disciplining according to competence
public servants performing official duties related to land management according
to the provisions of this Decree or sanctioning administrative violations
according to competence regarding other cases according to the provisions of
the Government's Decree on sanctioning of administrative violations in the
field of land regarding cases of committing acts of violating land legislation
and inform the detectors and/or proposal makers thereof.
2. Addressing the consequences of the
violations.
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1. The commune, ward or township cadastral
personnel shall have to regularly examine the land use situation in the
localities for detecting in time cases of land encroachment, occupation,
non-use of land, use of land for wrong purposes, illegal land use purpose
change, performance of rights and obligations by land users in contravention of
law provisions and other cases involving administrative violations in land
management and use; within one day after detecting violations, they must report
thereon in writing to the presidents of the commune, ward, township People's
Committees of the localities where exists the land for handling, and
concurrently to the Natural Resources and Environment Sections.
2. The presidents of the commune, ward or
township People's Committees shall have to regularly direct the examination for
detection of acts of encroaching upon land, using land for wrong purposes,
illegally changing land use purposes, performing rights and obligations by land
users in contravention of law provisions. Within one day after detecting the
violations or being reported on the violations, they must organize the
examinations, make records, issue decisions to stop the violation acts,
administratively sanction violations according to competence and request the
restoration of the initial state of land; if violators fail to abide by the
stoppage decisions, they shall issue decisions to force the restoration of the
initial state of land and report thereon in writing to the immediate superior
People's Committees.
Chapter XIV
IMPLEMENTATION
PROVISIONS
Article 183.-
Responsibilities of ministries, ministerial-level agencies, Government-attached
agencies, People's Committees of all levels and land users
1. The Ministry of Natural Resources and
Environment and the Ministry of Finance shall, within the scope of their
respective functions, tasks and powers, have to guide the implementation of
this Decree.
2. The ministers, the heads of
ministerial-level agencies, the heads of Government-attached agencies, the
presidents of the People's Committees at all levels and the land users shall
have to implement this Decree.
Article 184.- The
time limits for uniform performance of land use right transactions with the
land use right certificates
As from January 1, 2007, the land users must
possess land use right certificates before exercising their rights of
exchanging, transferring, leasing, subleasing or donating the land use rights,
mortgaging, providing guarantee or contributing capital with the land use
rights.
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1. The provincial/municipal People's
Committees must complete the establishment of land use right registration
offices fully capable of performing the tasks prescribed in this Decree before
July 1, 2007.
2. The Ministry of Natural Resources and
Environment shall guide the carrying out of administrative procedures in land
management and use pending the establishment of land use right registration
offices and in cases where the district-level Natural Resources and Environment
Sections do not have the land use right registration offices.
Article 186.-
Implementation effect
1. This Decree takes implementation effect
fifteen (15) days after its publication in the Official Gazette.
2. This Decree replaces the following
decrees:
a) Decree No. 64/CP of September 27, 1993
promulgating the Regulation on assignment of agricultural land to households,
individuals for long-term stable use for purpose of agricultural production;
b) Decree No. 88/CP of August 17, 1994 on
management and use of urban land;
c) Decree No. 11/CP of January 24, 1995
detailing the implementation of the Ordinance on Rights and Obligations of
Foreign Organizations and Individuals Leasing Land in Vietnam;
d) Decree No. 09/CP of February 12, 1996 on
defense and security land management and use regime; Decree No. 69/2000/ND-CP
of November 20, 2000 amending and supplementing a number of articles of Decree
No. 09/CP of February 12, 1996 on defense and security land management and use
regime;
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f) Decree No. 85/1999/ND-CP of August 28,
1999 amending and supplementing a number of articles of the Regulation on
assignment of agricultural land to households, individuals for long-term stable
use for agricultural production purposes and supplementing the assignment of
salt-making land to households and individuals for long-term stable use;
g) Decree No. 163/1999/ND-CP of November 16,
1999 on assignment and lease of forestry land to organizations, households and
individuals for long-term stable use for forestry purposes;
h) Decree No. 04/2000/ND-CP of February 11,
2000 on implementing the Law Amending and Supplementing a Number of Articles of
the Land Law; Decree No. 66/2001/ND-CP of September 28, 2001 amending and
supplementing a number of articles of Decree No. 04/2000/ND-CP of February 11,
2000 on implementation of the Law Amending and Supplementing a Number of
Articles of the Land Law;
i) Decree No. 68/2001/ND-CP of October 1,
2001 on land use plannings and plans.
3. To annul the land management and use
provisions of the following decrees, which are contrary to the provisions of
this Decree:
a) Clause 2 of Article 1, Articles 3, 10, 11,
12, 13, 14, 15, 16, 17 and 20; provisions on residential land registration and
registration forms in Article 8; the provisions on land registration
obligations in Article 9 of Decree No. 60/CP of July 05, 1994 on the right to
own dwelling houses and the right to use residential land in urban areas;
b) The provisions on granting of dwelling
house ownership right and land use right certificates to house buyers in
Article 10 of Decree No. 61/CP of July 5, 1994 on dwelling house buying,
selling and dealing;
c) The provisions on land registration in
Clause 1, article 9; the provisions on competence to recover land in Clause 2,
Article 14 of Decree No. 14/1998/ND-CP of March 6, 1998 on State property
management;
d) Articles 24, 25 and 26; the provisions on
forms of application for dwelling house ownership right and residential land
use right certificates in Clause 1 of Article 15, Clause 1 of Article 16,
Clause 1 of Article 18, Clause 1 of Article 21 and Clause 1 of Article 23 of
Decree No. 25/1999/ND-CP of April 19, 1999 on mode of returning dwelling
houses, dwelling house leasing prices when the houses have not yet been
returned and procedures for establishment of dwelling house ownership right
prescribed in Resolution No. 58/1998/NQ-UBTVQH10 of August 20, 1998 on dwelling
house-related civil transactions established before July 1, 1991;
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f) Points d and e of Clause 1, Points d and e
of Clause 2 of Article 8; Clauses 4 and 5 of Article 25 of Decree No.
08/2000/ND-CP of March 10, 2000 on secured transaction registration;
g) The provisions on retaining the land use
right value inscribed in investment licenses upon equitization of joint-venture
enterprises to which the Vietnamese parties contributed capital with the land
use right value in Clause 3, Article 9 of Decree No. 38/2003/ND-CP of April 15,
2003 on transformation of a number of foreign-invested enterprises into ones
operating in form of joint-stock companies.
4. The ministries, ministerial-level
agencies, the provincial/municipal People's Committees shall have to revise the
legal documents they have promulgated, which are contrary to the provisions of
the 2003 Land Law, of this Decree and other decrees guiding the implementation
of the 2003 Land Law for amendment, supplementation or cancellation.
The Government Office shall have to direct
the Government-attached agencies to revise the legal documents they have
promulgated, which are contrary to the provisions of the 2003 Land Law, of this
Decree and other decrees guiding the implementation of the 2003 Land Law for
the Government Office to amend, supplement or cancel them.
ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Phan Van Khai