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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 43/2014/ND-CP
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Hanoi, May 15,
2014
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DECREE
DETAILING
A NUMBER OF ARTICLES OF THE LAND LAW
Pursuant to the December 25, 2001 Law on Organization
of the Government;
Pursuant to the November 29, 2013 Land Law;
At the proposal of the Minister of Natural
Resources and Environment,
The Government promulgates the Decree detailing
a number of articles of Land Law No. 45/2013/ND-CP.
Chapter
I
GENERAL
PROVISIONS
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1. This Decree details a number articles and
clauses of Land Law No. 45/2013/QH13 (below referred to as the Land Law).
2. Other decrees of the Government shall detail a
number of articles and clauses of the Land Law concerning compensation,
support, resettlement; land prices; collection of land use levy; collection of
land and water surface rentals; and sanctioning of land-related administrative
violations.
Article 2. Subjects of
application
1. State agencies that exercise the powers and
perform the responsibilities of the representative of the entire-people
ownership of land, and perform the task of uniform state management of land.
2. Land users defined in Article 5 of the Land Law.
3. Other subjects involved in land management and
use.
Article 3. Determination of
land types
The determination of a land type in cases land is
used without the papers prescribed in Clauses 1, 2 and 3, Article 11 of the
Land Law must comply with the following provisions:
1. In case of current stable use of land which is
acquired not through illegal encroachment, occupation or change of land use
purpose, the land type shall be determined based on the current land use
status.
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3. For a land parcel which is currently used for
different purposes (other than residential land with gardens and ponds in the
same parcel), the determination of land type must comply with the following
provisions:
a/ In case boundaries of land areas used for
different purposes can be determined, the land parcel shall be divided into
smaller parcels according to their use purposes which shall be determined
according to the current use status of such parcels;
b/ In case boundaries of land used for different
purposes cannot be determined, the main land use purpose shall be determined
according to the current land type with the highest price in the land price
table promulgated by the People’s Committee of the province or centrally run
city (below collectively referred to as the provincial-level People’s
Committee). In case of land use after a land use master plan is approved by a
competent agency, the determination of the main use purpose shall be based on
such master plan.
4. In case of land on which a condominium for mixed
purposes is built before July 1, 2014, with the floor area of the condominium
partly used as offices, commercial or service establishments, the main use
purpose of the land area for building the condominium shall be determined as
residential purpose.
5. Agencies to determine land types specified in
Clauses 1, 2, 3 and 4 of this Article are provincial-level People’s Committees,
for organizations, religious institutions, foreign-invested enterprises, and
foreign organizations with the diplomatic function; People’s Committees of
districts, towns or provincial cities (below collectively referred to as
district-level People’s Committees), for households, individuals, communities
and overseas Vietnamese. In case of land recovery, agencies competent to
determine land types are those competent to recover land in accordance with the
land law.
Chapter II
THE SYSTEM OF LAND
ADMINISTRATION ORGANIZATION AND SERVICES IN THE LAND MANAGEMENT AND USE
Article 4. Land
administration agencies
1. Local land administration agencies include:
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b/ Land administration agencies of districts, towns
and provincial cities which are district-level Natural Resources and
Environment Divisions.
2. Provincial-level People’s Committees and
district-level People’s Committees shall organize land administration
apparatuses in their localities; district-level People’s Committees shall
appoint cadastral officers of communes, wards and townships to perform land
administration tasks.
3. The Ministry of Natural Resources and
Environment shall assume the prime responsibility for, and coordinate with the
Ministry of Home Affairs in, specifying the functions, tasks and organizational
structures of local land administration agencies and tasks of cadastral
officers of communes, wards and townships.
Article 5. Provision of
land-related services
1. Land registration offices:
a/ Land registration offices are public
non-business units of provincial-level Natural Resources and Environment
Departments established or reorganized by provincial-level People’s Committees
on the basis of consolidating existing land use rights registration offices of
provincial-level Natural Resources and Environment Departments and district-level
Natural Resources and Environment Divisions in localities; have the legal
person status, own working offices and seals and may open accounts for their
operation in accordance with law.
Land registration offices have the functions of
registering land and other land-attached assets; compiling, managing, updating
and uniformly revising cadastral dossier and land databases; making land
statistics and inventory; providing land information to organizations and
individuals at their request under regulations;
b/ Land registration offices have branches in
districts, towns and provincial cities. Branches of land registration offices
may perform the functions and tasks and exercise the powers of land
registration offices under decisions of provincial-level People’s Committees;
c/ Operation funds of land registration offices
must comply with regulations on finance of public non-business units.
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a/ Land fund development organizations are public
non-business units established in accordance with the law on establishment,
reorganization and dissolution of public non-business units; have the legal
person status, own working offices and seals and may open accounts for their
operation in accordance with law; have branches in districts, towns and
provincial cities. For localities that currently have both provincial-level and
district-level land fund development organizations, these organizations shall
be consolidated.
Land fund development organizations have the
functions of creating, developing, managing and exploiting land funds;
organizing the payment of compensations, provision of support, and
resettlement; receiving land use rights transferred by organizations,
households and individuals; organizing the auction of land use rights and
providing other services.
b/ Operation funds of land fund development
organizations must comply with regulations on finance of public non-business
units.
3. Land-related services, including:
a/ Surveying and assessing land; improving land;
b/ Elaborating land use master plans and plans;
c/ Measuring and making cadastral maps and dossier,
building land databases, making dossiers for grant of certificates of land use
rights and ownership of houses and other land- attached assets;
d/Providing consultancy on determination of land
prices;
dd/ Auctioning land use rights;
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4. The Ministry of Natural Resources and
Environment shall assume the prime responsibility for, and coordinate with the
Ministry of Home Affairs and the Ministry of Finance in. specifying the
organizational structures, tasks and operation mechanism of land registration
offices and land fund development organizations.
5. Land registration offices and land fund
development organizations must be established or reorganized before December
31, 2015. Pending the establishment or reorganization of offices or
organizations defined in Clauses 1 and 2 of this Article, previously
established land use rights registration offices and land fund development
centers may continue operating according to their assigned functions and tasks.
Article 6. Land development
fund
1. Land development funds mentioned in Article 111
of the Land Law shall be established in accordance with the law on establishment,
reorganization and dissolution of public non-business units or entrusted to the
development investment funds or other financial funds of localities before
January 1, 2015. Land development funds are state financial institutions
attached to provincial-level People’s Committees, have the legal person status,
conduct independent accounting, have own seals and may open accounts at the
State Treasury and credit institutions for their operation in accordance with
law.
Land development funds established before July 1,
2014, may continue operating under this Decree.
2. Financial sources of land development funds
shall be incorporated in local budget estimates, allocated from the state
budget right upon their establishment and annually supplemented; and may be
mobilized from other sources, including aid, financial assistance, support or
sources entrusted for management of international organizations, domestic and
foreign organizations and individuals under aid, financial assistance or
entrustment programs or projects.
Based on annual land use plans, provincial-level
People’s Committees shall submit to People's Councils of the same level for
decision state budget allocations for land development funds upon their
establishment and specific annual additional allocations for the funds suitable
to their local conditions.
3. Land development funds shall be used to advance
capital for land fund development organizations and other organizations to pay
compensations for ground clearance and create land funds under land use master
plans and plans approved by competent agencies.
4. The Ministry of Finance shall submit to the
Prime Minister for promulgation a model regulation on management and use of
land development funds; and prescribe the allocation, accounting, settlement
and finalization of land development funds, mobilization and use of financial
sources of land development funds, and a mechanism of entrustment to
development investment funds and other financial funds of localities in case no
land development fund is established under regulations on management of the
State’s budget and financial funds.
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Chapter III
LAND USE MASTER PLANS
AND PLANS
Article 7. Elaboration and
modification of land use master plans and plans
1. The responsibility to determine the land use demand
in the elaboration and modification of national land use master plans and plans
is prescribed as follows:
a/ Ministries and sectors shall determine the land
use demands and propose projects in the sectors and fields under their
management in provincial-level administrative units; provincial- level People’s
Committees shall determine the land use demands of their localities;
b/ Ministries, sectors and provincial-level
People’s Committees shall send reports on their land use demands to the
Ministry of Natural Resources and Environment within 45 days after receiving
the latter’s written request for registration of land use demands;
c/ The Ministry of Natural Resources and
Environment shall summarize and balance the land use demands and plan on the
allocation of national land use norms to every socioeconomic region and
provincial-level administrative unit.
2. Provincial-level land use master plans and
plans:
a/ The responsibility to determine the land use
demands in the elaboration and modification of provincial-level land use master
plans and plans:
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Provincial-level departments and sectors and
district-level People’s Committees shall send reports on their land use demands
to provincial-level Natural Resources and Environment Departments within 30
days after receiving the latter’s written requests for registration of land use
demands.
Provincial-level Natural Resources and Environment
Departments shall plan the allocation of national land use norms and list
projects in the national land use master plan and plans for every
district-level administrative unit; summarize and balance the land use demands
and plan the allocation of provincial-level land use norms to every
district-level administrative unit.
b/ Land use norms in provincial-level land use
master plans include land use norms by land type and land use norms by
functional zone.
Land use norms by land type include those based on
land types allocated by the national land use master plan to provincial-level
localities and those based on land types determined by provincial-level
localities. Land use norms based on land types determined by provincial-level
localities include land for cultivation of perennial trees; land for
cultivation of other annual crops; rural residential land; urban residential
land; land for construction of offices of state agencies; land for construction
of offices of non-business organizations; land for construction of diplomatic
facilities; land of industrial clusters; land for trading and services; land of
non-agricultural production units; land used for mining activities; land for
development of provincial-level infrastructure facilities; land of religious
institutions; land used for cemeteries, graveyards, funeral service centers and
crematories.
Land use norms by functional zone include
agricultural production zones; forestry zones; nature and biodiversity
conservation zones; industrial development zones; urban centers; trade- service
zones; and rural residential zones.
c/ In case of necessity to change the sizes,
locations and number of projects and works of the same land type without
changing land use norms and areas according to use functions in approved land
use master plans, provincial-level People’s Committees shall submit such
changes to People’s Councils of the same level for approval and update to
district-level land use master plans and plans for implementation.
3. District-level land use master plans and plans:
a/ The responsibility for determining the land use
demands in the elaboration and modification of district-level land use master
plans and plans:
District-level divisions and sections shall
determine the land use demands and propose land-related projects on the list of
district-level land use norms for every commune-level administrative unit;
People’s Committees of communes, wards or townships (below referred to as
commune-level People’s Committees) shall determine the land use demands of
their localities.
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District-level Natural Resources and Environment
Divisions shall determine provincial- level land use norms and projects in
provincial-level land use master plans and plans allocated to districts for
every commune-level administrative unit; summarize and balance the land use
demands and plan the allocation of district-level land use norms to every
commune-level administrative unit.
b/ Land use norms in district-level land use master
plans include land use norms by land type and land use norms by functional zone
Land use norms by land type include those based on
land types allocated by provincial- level land use master plans to
district-level localities and those based on land types determined by district-
and commune-level localities. Land use norms based on land types determined by
district and commune-level localities include other agricultural land; land for
production of building materials and pottery; land for development of district-
and commune-level infrastructure facilities; land for communal activities and
public entertainment and recreation centers; land for belief activities; land
with rivers, streams, canals, springs and special-use water surface; and other
non-agricultural land.
Land use norms by functional zone include zones for
cultivation of wet rice; zones for production of perennial industrial trees;
protection, special-use and production forests; industrial parks and clusters;
urban - trade - service centers; tourist resorts; rural residential areas,
craft villages and non-agricultural production zones.
4. In the course of elaborating master plans and
plans on use of national defense or security land, the Ministry of National
Defense or the Ministry of Public Security shall coordinate with
provincial-level People’s Committees in determining locations and areas of land
types used for national defense and security purposes specified in Article 61
of the Land Law in their localities.
5. The Ministry of Natural Resources and
Environment shall detail the order and contents of elaboration and modification
of land use master plans and plans.
Article 8. Consultation on
land use master plans and plans
1. A dossier for consultation on national,
provincial-level or district-level land use master plan or plan comprises:
a/ A brief report on the land use master plan or plan,
covering land use norms, a list of projects and works expected to be built in
the period of land use master plan or plan;
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2. Reports on summarization, assimilation and
explanation of public opinions on national land use master plans and plans
shall be publicized on the website of the Ministry of Natural Resources and
Environment and the General Department of Land Administration. For provincial-
or district-level land use master plans and plans, public opinions shall be
publicized on websites of provincial- or district-level People’s Committees.
3. The consultation with provincial-level People’s
Committees on masterplans and plans on use of national defense and security
land is prescribed as follows:
a/ The Ministry of National Defense or the Ministry
of Public Security shall send dossiers for consultation on draft master plans
and plans on use of national defense or security land to provincial-level
People’s Committees. Within 30 days after receiving dossiers, provincial- level
People’s Committees shall send their opinions to the Ministry of National
Defense or the Ministry of Public Security;
b/ The Ministry of National Defense or the Ministry
of Public Security shall summarize, assimilate and explain opinions of provincial-level
People’s Committees and improve draft land use master plans and plans before
submitting them to the Government for approval.
Article 9. Order of and
procedures for appraisal and approval of land use master plans and plans
1. Order of and procedures for appraisal and
approval of provincial-level land use master plans and plans:
a/ A provincial-level People’s Committee shall send
the dossier of a land use master plan or plan to the Ministry of Natural
Resources and Environment for appraisal;
b/ Within 5 days after receiving a complete and
valid dossier of a land use master plan or plan, the Ministry of Natural
Resources and Environment shall send such dossier to members of the Council for
Appraisal of Land Use Master Plans and Plans for opinion;
c/ In case of necessity, within 10 days after
receiving a complete and valid dossier, the Council for Appraisal of Land Use
Master Plans and Plans shall conduct the site inspections and surveys in areas
in which land use purposes are expected to change, especially areas in which
the use purpose of rice cultivation, protection forest or special-use forest
land is expected to change;
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dd/ Within 10 days after the expiration of the time
limit for collection of opinions, the Ministry of Natural Resources and
Environment shall organize a meeting of the Council for Appraisal of Land Use
Master Plans and Plans and send a notice of results of appraisal of the land
use master plan or plan to the provincial-level People’s Committee;
e/ The provincial-level People’s Committee shall
complete the dossier of the land use master plan or plan; submit it to the
provincial-level People’s Council for approval; and then submit it to the
Ministry of Natural Resources and Environment for approval;
g/ Within 10 days after receiving a complete and
valid dossier, the Ministry of Natural Resources and Environment shall submit
the provincial-level land use master plan or plan to the Government for
approval.
2. Order of and procedures for appraisal and
approval of district-level land use master plans:
a/ A district-level People’s Committee shall send
the dossier of a land use master plan to the provincial-level Natural Resources
and Environment Department for appraisal;
b/ Within 5 days after receiving a complete and
valid dossier of a land use master plan or plan, the provincial-level Natural
Resources and Environment Department shall send such dossier to members of the
Council for Appraisal of Land Use Master Plans and Plans for opinion;
c/ In case of necessity, within 10 days after
receiving a complete and valid dossier, the Council for Appraisal of Land Use
Master Plans and Plans shall conduct the site inspections and surveys in areas
where land use purposes are expected to change, especially areas where the use
purpose of rice cultivation, protection forest or special-use forest land is
expected to change;
d/ Within 15 days after receiving a valid dossier,
members of the Council for Appraisal of Land Use Master Plans and Plans shall
send their written opinions to the provincial-level Natural Resources and
Environment Department;
dd/ Within 10 days after the expiration of the time
limit for collection of opinions, the provincial-level Natural Resources and
Environment Department shall organize a meeting of the Council for Appraisal of
Land Use Master Plans and Plans and send a notice of results of appraisal of
the land use master plan to the district-level People’s Committee;
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g/ Within 10 days after receiving a complete and
valid dossier, the provincial-level Natural Resources and Environment
Department shall submit the district-level land use master plan to the
provincial-level People’s Committee for approval.
3. The order of and procedures for appraisal and
approval of modifications of provincial- level land use master plans and plans
must comply with Clause 1 of this Article; the order of and procedures for
appraisal and approval of modifications of district-level land use master plans
must comply with Clause 2 of this Article.
4. Order of and procedures for appraisal and
approval of annual district-level land use plans:
a/ In the third quarter of every year, a
district-level People’s Committee shall send the dossier of an annual land use
plan of the subsequent year to the provincial-level Natural Resources and
Environment Department for appraisal;
b/ Within 5 days after receiving a complete and
valid dossier, the provincial-level Natural Resources and Environment
Department shall send such dossier to members of the Council for Appraisal of
Land Use Master Plans and Plans for opinion;
c/ Within 15 days after receiving a valid dossier,
members of the Council for Appraisal of Land Use Master Plans and Plans shall
send their written opinions to the provincial-level Natural Resources and
Environment Department;
d/ Within 5 days after the expiration of the time
limit for collection of opinions, the provincial-level Natural Resources and
Environment Department shall organize a meeting of the Council for Appraisal of
Land Use Master Plans and Plans and send a notice of results of appraisal of
the land use plan to the district-level People’s Committee for completion of
the dossier;
dd/ The provincial-level Natural Resources and
Environment Department shall draw up a list of projects which need land
recovery under Clause 3, Article 62 of the Land Law and report it to the provincial-level
People’s Committee for submission to the provincial-level People’s Council for
approval together with decision on allocation of the state budget for the
payment of compensations for ground clearance at the year-end meeting of the
provincial- level People’s Council;
e/ Based on the complete dossier of the annual
district-level land use plan and the resolution of the provincial-level
People’s Council, the provincial-level Natural Resources and Environment
Department shall submit the plan to the provincial-level People’s Committee for
approval before December 31.
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a/ The Ministry of National Defense or the Ministry
of Public Security shall send the dossier of a land use master plan or plan to
the Ministry of Natural Resources and Environment for appraisal;
b/ Within 5 days after receiving a complete and
valid dossier, the Ministry of Natural Resources and Environment shall send such
dossier to members of the Council for Appraisal of Land Use Master Plans and
Plans for opinion;
c/ Within 15 days after receiving the dossier,
members of the Council for Appraisal of Land Use Master Plans and Plans shall
send their written opinions to the Ministry of Natural Resources and
Environment;
d/ Within 10 days after the expiration of the time
limit for collection of opinions, the Ministry of Natural Resources and
Environment Department shall organize a meeting of the Council for Appraisal of
Land Use Master Plans and Plans and send a notice of results of appraisal of
the land use master plan or plan to the Ministry of National Defense or the
Ministry of Public Security;
dd/ The Ministry of National Defense or the
Ministry of Public Security shall complete the dossier of the land use master
plan or plan and submit it to the Ministry of Natural Resources and Environment
for approval;
e/ Within 10 days after receiving a complete and
valid dossier, the Ministry of Natural Resources and Environment shall submit
the national defense or security land use master plan or plan to the Government
for approval.
Article 10. Conditions on
organizations providing consultancy on the elaboration of land use master plans
and plans
1. A non-business organization or an enterprise may
provide consultancy on the elaboration of land use master plans and plans when
fully meeting the following conditions:
a/ Having the function of providing consultancy on
the elaboration of land use master plans and plans;
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2. A person may practice as a consultant on the
elaboration of land use master plans and plans in an organization with the
function of providing consultancy when fully meeting the following conditions:
a/ Having the civil act capacity;
b/ Possessing a university or postgraduate degree
in land administration, cadastral or other professional fields related to land
use planning;
c/ Having worked in the field of land use planning
and other specialized planning for at least 24 months.
Article 11. Implementation
of land use master plans and plans
1. Provincial- and district-level People’s
Committees shall review master plans and plans of land-using sectors, fields
and localities to ensure their conformity with land use master plans and plans
decided or approved by competent state agencies.
2. Provincial-level People’s Committees shall
direct and inspect district- and commune- level People’s Committees in
specifically determining the actual areas and boundaries of rice cultivation,
special-use forest and protection forest land.
Provincial-level People’s Committees must be
answerable to the Prime Minister for protecting rice cultivation, special-use
forest and protection forest land determined in land use master plans and
plans.
3. The Ministry of Natural Resources and
Environment must be answerable to the Prime Minister for inspecting the
realization of land use norms in national and provincial-level land use master
plans and plans and supervising localities, ministries and sectors in
implementing land use master plans and plans.
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Article 12. Settlement of
some matters related to land use master plans and plans arising after July 1,
2014
1. For localities that have land use master plans
through 2020, district- and commune- level land use plans for the first 5 years
of the period (2011-2015) approved by competent state agencies before July 1,
2014, may be used for the elaboration of district-level land use plans of 2015,
modification of district-level land use master plans through 2020, and
elaboration of annual land use plans in accordance with the Land Law.
2. For localities that have land use master plans
through 2020, district-level land use plans for the first 5 years of the period
(2011-2015) approved by competent state agencies and commune-level land use
master plans and plans not yet approved before July 1, 2014, no commune-level
land use master plans and plans shall be elaborated. Land use master plans
through 2020, district-level land use plans for the first 5 years of the period
(2011-2015) and products of projects on elaboration of commune-level land use
master plans and plans for communes which are elaborating land use master plans
and plans may be used for the elaboration of district-level land use plans of
2015, modification of land use master plans through 2020 and elaboration of
annual land use plans in accordance with the Land Law.
Chapter IV
LAND RECOVERY,
ALLOCATION, LEASE AND USE PURPOSE CHANGE
Article
13. Consultations with ministries on
land-using projects on islands or in border or coastal communes, wards and townships
1. For projects with foreign direct investment on
islands or in border or coastal communes, wards and townships not subject to
approval or investment decision of the National Assembly or Prime Minister,
before considering and approving the investment policy, provincial-level
People’s Committees shall send written requests to the following ministries for
opinion:
a/ The Ministry of National Defense, Ministry of
Public Security and Ministry of Foreign Affairs, for land parcels on islands or
in border communes, wards or townships;
b/ The Ministry of National Defense, for land
parcels in coastal communes, wards or townships adjacent to land parcels used
for national defense purposes, except the cases in which restricted areas have
been determined under regulations;
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2. Within 20 days after receiving a written request
for opinion, the Ministry of National Defense, Ministry of Public Security and
Ministry of Foreign Affairs shall send their written opinions to
provincial-level People’s Committees.
3. In case projects specified in Clause 1 of this
Article use rice cultivation, protection forest or special-use forest land
under Point a, Clause 1, Article 58 of the Land Law, ministries shall be
consulted before these projects are submitted to the Prime Minister.
Article 14. Detailed
provisions on conditions on persons allocated or leased land by the State or
permitted by the State to change land use purpose to implement investment
projects
a/ Investment projects to build houses for sale or
lease or both sale and lease in accordance with the housing law;
b/ Investment projects to deal in real estate
associated with land use rights in accordance with the law on real estate
business;
c/ Production or business projects not funded by
the state budget.
2. The condition of financial capacity to ensure
the land use according to the investment project’s schedule is prescribed as
follows:
a/ Having own capital for implementation of the
project equal to at least 20% of the total investment, for projects using less
than 20 hectares of land; or to at least 15% of the total investment, for
projects using 20 hectares of land or more;
b/ Being able to raise capital for implementation
of the project from credit institutions, foreign bank branches and other
organizations and individuals.
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a/ Results of the handling of violations of the
land law committed by local projects archived at provincial-level Natural
Resources and Environment Departments;
b/ Contents of violations of the land law and
results of the handling thereof publicized on the websites of the Ministry of
Natural Resources and Environment and the General Department of Land
Administration, for other local projects.
4. The examination of the conditions specified in
this Article shall be conducted at the same time with the appraisal of the land
use demands of investors upon the grant of investment certificates, appraisal
of investment projects, elaboration of economic-technical reports or investment
approval in accordance with the investment law and construction law in case of
land allocation or lease not through the auction of land use rights or change
of land use purpose. In case land use rights are auctioned, the examination of
the above conditions shall be conducted before the auction of land use rights
is organized.
Article 15. Force majeure
circumstances which affect the land use schedule of investment projects and
point of time for counting the land use term extension of 24 months in cases
land is not put to use or the land use schedule is late
1. Force majeure
circumstances which directly affect the land use schedule of investment
projects allocated or leased land by the State under Point i, Clause 1, Article
64 of the Land Law include:
a/ Natural disasters,
environmental disasters;
b/ Fires and epidemics;
c/ Wars;
d/ Other Force majeure circumstances as
decided by the Prime Minister.
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a/ In case an investment
project fails to put land into use for 12 consecutive months after receiving
land handed over in the field, the investor may extend the land use term for 24
months counted from the 13th month since the land handover;
b/ In case the land use
schedule of an investment project is 24 months late compared with the schedule
stated in the project documents since the land handover in the field, the point
of time for counting the land use term extension of 24 months is the 25th
month since the planned time of completion of construction investment.
In case the project is
allocated or leased land according to schedule, the land use term extension of
24 months shall apply to each land area allocated or leased as scheduled; the
point of time for counting the land use term extension of 24 months is the 25th
month since the planned time of completion of construction investment in such
land area.
3. Provincial-level People’s Committees shall
review, handle and publicize on then websites investment projects that have failed
to put land into use for 12 consecutive months or have land use schedules 24
months late compared with those stated in project documents; projects that have
their land use terms extended; and projects that have late land use schedules
due to Force majeure circumstances; and provide information to be
publicized on the websites of the Ministry of Natural Resources and Environment
and the General Department of Land Administration.
Article 16. Use of land
for production and business purposes through purchase of land- attached assets,
receipt of transferred or leased land use rights or receipt of land use rights
contributed as capital
The use of land for production and business
purposes through purchase of land-attached assets, receipt of transferred or leased
land use rights or receipt of land use rights contributed as capital must
adhere to the following principles:
1. It is conformable with approved and publicized
district-level annual land use plans.
2. Localities no longer have clear ground areas for
use for proper production and business purposes, except for projects in the
sectors or areas eligible for investment incentives.
3. In case investors receive transferred land use
rights but have to change the land use purpose, they may do so only after competent
People’s Committees permit in writing the land use purpose change and land use
term adjustment suitable to the use of land for production and business.
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Article 17. Notification
of land recovery, composition of land recovery enforcement boards, expenses for
land recovery enforcement, settlement of complaints about and lawsuits against
land recovery enforcement
The notification of land recovery, composition of
land recovery enforcement boards, expenses for land recovery enforcement,
settlement of complaints about and lawsuits against land recovery enforcement
prescribed in Articles 61 and 62 of the Land Law must comply with the following
provisions:
1. The natural resources and environment agency
shall submit to the same-level People’s Committee for approval a plan on land
recovery, investigation, survey, measurement and inventory, covering the
following contents:
a/ Reason for land recovery;
b/ Area and location of the land parcel to be
recovered as stated in the existing cadastral dossier or detailed construction
master plan approved by a competent state agency. In case land is recovered
according to the project implementation schedule, the land recovery schedule
must be clearly stated;
c/ Plan on investigation, survey, measurement and
inventory;
d/ Tentative plan on relocation and resettlement;
dd/ Assignment of the tasks of making and
implementing a compensation, support and resettlement plan.
2. A notice of land recovery must have the contents
specified at Points a, b, c and d, Clause 1 of this Article.
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a/ Chairperson or vice chairperson of the
district-level People’s Committee as the head;
b/ Members who are representatives of
district-level finance, natural resources and environment, inspection, justice
and construction agencies; the commune-level Fatherland Front Committee; the
organization in charge of payment of compensations and ground clearance and the
commune-level People’s Committee of the locality where the land is located, and
some other members decided by the chairperson of the district-level People’s
Committee.
4. The public security force shall base itself on
land recovery enforcement plans to make plans to protect order and safety in
the process of implementation of land recovery enforcement plans.
5. When enforcing the land recovery, if coerced
persons refuse to receive their assets under Point c, Clause 4, Article 71 of
the Land Law, enforcement boards shall hand over their assets to commune-level
People’s Committees for preservation in accordance with law.
6. Persons whose land is recovered and related
organizations and individuals may file lawsuits about land recovery in
accordance with the law on complaints.
Pending the issuance of decisions on settlement of
complaints, complainants shall continue to comply with land recovery decisions
or land recovery enforcement decisions. In case state agencies competent to
settle complaints conclude that the land recovery is unlawful, the uncompleted
enforcement shall be stopped, issued land recovery decisions shall be cancelled
and compensations for damage (if any) caused by land recovery decisions must be
paid.
In case the land recovery is related to rights and
interests of other organizations and individuals in the use of land in
accordance with other relevant laws, the State shall recover land or enforce
land recovery decisions under regulations before the rights and obligations
related to the land use are completely settled between persons whose land is
recovered and such organizations and individuals in accordance with relevant
laws.
Chapter V
LAND REGISTRATION, GRANT
OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND OTHER
LAND-ATTACHED ASSETS
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Other documents made before October 15, 1993, under
Point g, Clause 1, Article 100 of the Land Law bearing names of land users
include:
1. Land registers and field establishment registers
made before December 18, 1980.
2. One of documents made during the process of land
and field registration under the Prime Minister’s Directive No. 299-TTg of November
10,1980, on survey, classification and statistical registration of land and
fields nationwide under the management of state agencies, including:
a/ Minutes of approval of commune-level land and
field registration councils, determining that the current land use is lawful;
b/ Lists of lawful land use cases made by
commune-level People’s Committees or commune-level land and field registration
councils or district- or provincial-level land administration agencies;
c/ Applications for registration of land and field
use rights, for cases in which documents specified at Points a and b of this
Clause are unavailable.
3. Projects or lists or documents on emigration of
people to build new economic zones or for resettlement approved by district- or
provincial-level People’s Committees or competent state agencies.
4. Documents of state-run agricultural and forest
farms on allocation of land to workers of these farms for building their houses
(if any).
5. Documents having contents on ownership of houses
and works; building and repair of houses and works certified or permitted by
district- or provincial-level People’s Committees or state management agencies
in charge of houses and construction.
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7. Documents issued by competent state agencies on
allocation of land to agencies and organizations for arrangement of land
parcels to their officials, workers and employees for building houses on their
own or for building houses to be distributed to their officials, workers and
employees with non-state budget funds or contributions of such officials,
workers and employees. In case of building houses with state budget funds,
built houses shall be handed over to local housing management agencies for
management and trading in accordance with law.
8. Copies of the documents specified in Article 100
of the Land Law and the documents specified in Clauses 2, 3, 4, 5, 6 and 7 of
this Article must have certification of district- or provincial-level People’s
Committees or specialized management agencies in case the original documents
are lost and state agencies no longer preserve dossier of management of the
grant of such documents.
Article 19. Entities
ineligible for grant of certificates of land use rights and ownership of houses
and other land-attached assets
1. Organizations and communities that are allocated
land by the State for management in the cases specified in Article 8 of the
Land Law.
2. Persons who are managing and using agricultural
land belonging to the public-utility land funds of communes, wards or
townships.
3. Persons who lease or sub-lease land from land
users, except cases of leasing or subleasing land from investors building and
dealing in infrastructure facilities in industrial parks, industrial clusters,
export processing zones, hi-tech parks or economic zones.
4. Persons who receive land for use on a
contractual basis in agricultural or forestry farms, agricultural or forestry
enterprises, protection forest management boards or special-use forest
management boards.
5. Current land users that fail to fully meet the
conditions for grant of certificates of land use rights and ownership of houses
and other land-attached assets.
6. Land users that fully meet the conditions for
grant of certificates of land use rights and ownership of houses and other
land-attached assets but have received land recovery notices or decisions of
competent state agencies.
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Article 20. Grant of
certificates of land use rights and ownership of houses and other land-attached
assets to households and individuals currently using land without documents on
land use rights and having committed no violation of the land law
The grant of certificates of land use rights and
ownership of houses and other land- attached assets (recognition of land use
rights) to households and individuals that have been stably using land since
before July 1, 2004, but have none of the documents specified in Article 100 of
the Land Law, Article 18 of this Decree, and do not fall into any of the cases
specified in Clause 1, Article 101 of the Land Law and Article 23 of this
Decree, must comply with the following provisions:
1. For households and individuals that have been using
land on which there are houses and other construction works since before
October 15, 1993, and are now certified by commune- level People’s Committees
of localities where such land is located that they are not involved in any land
use dispute; if the land use at the time of submission of dossiers of
application for certificates of land use rights and ownership of houses and
other land-attached assets is conformable with approved land use master plans,
detailed urban construction master plans or master plans on construction of
rural residential areas or master plans on construction of new countryside
(below collectively referred to as master plans), or is unconformable with
these master plans but started before these master plans are approved or takes
place in localities having no master plan, their land use rights may be
recognized as follows:
a/ For a land parcel with houses which is smaller
than or equal to the residential land recognition quota prescribed in Clause 4,
Article 103 of the Land Law (below referred to as the residential land
recognition quota), the whole area of the land parcel shall be recognized as
residential land.
For a land parcel with houses which is larger than
the residential land recognition quota, the residential land area to be
recognized must be equal to the residential land recognition quota. In case the
land area for construction of houses and works for daily life is larger than
the residential land recognition quota, the actual construction area shall be
recognized as residential land area;
b/ For a land parcel with construction works for
production, commercial activities or provision of non-agricultural services,
the actual construction area shall be recognized as land of non-agricultural
production establishments, commercial or service land. The form of land use
shall be recognized as land allocation with land use levy for stable and
long-term use;
c/ For a land parcel with both houses and
construction works for production, commercial activities or provision of
non-agricultural services which is larger than the residential land allocation
quota, the residential, non-agricultural production, commercial or service land
area shall be recognized under Points a and b of this Clause;
d/ Land areas remaining after the determination is
conducted under Points a, b and c of this Clause shall be determined as
agricultural land and recognized under Clause 5 of this Article.
2. For households and individuals that have been
using land on which there are houses and other construction works since before
October 15, 1993, to before July 1, 2004, and are now certified by
commune-level People’s Committees of localities where such land is located that
they are not involved in any land use dispute; if their land use is conformable
with approved land use master plans, or is unconformable with these master
plans but started before these master plans are approved or takes place in
localities having no master plan; and if there is no land recovery notice or
decision of a competent state agency in case of compulsory recovery, their land
use rights may be recognized as follows:
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For a land parcel with houses which is larger than the
residential land allocation quota, the residential land area to be recognized
must be equal to the residential land allocation quota. In case the land area
for construction of houses and works for daily life is larger than the
residential land allocation quota, the actual construction area shall be
recognized as residential land area;
b/ For a land parcel with construction works for
production, commercial activities or provision of non-agricultural services,
the actual construction area shall be recognized as land of non-agricultural
production establishments, commercial or service land under Point b, Clause 1
of this Article;
c/ For a land parcel with both houses and
construction works for production, commercial activities or provision of
non-agricultural services which is larger than the residential land allocation
quota, the residential, non-agricultural production, commercial or service land
area shall be recognized under Points a and b of this Clause;
d/ Land areas remaining after the determination is
conducted under Points a, b and c of this Clause shall be determined as
agricultural land and recognized under Clause 5 of this Article.
3. In case a land parcel is jointly used by many
households and individuals, the residential land quota prescribed in Clauses 1
and 2 of this Article must be equal to the total residential land quota of such
households and individuals.
In case a household or an individual uses many land
parcels with houses bequeathed by their ancestors or inherits land use rights
from their ancestors and is certified by the commune- level People’s Committee
that it/he/she has been stably using land since before October 15, 1993, and
commits no violation of the land law, the residential land quota shall be
determined according to regulations for each of such land parcels.
4. The application of local regulations on
residential land quotas to determine residential land areas in the cases
specified in Clauses 1, 2 and 3 of this Article must comply with regulations
effective at the time when land users submit valid dossiers for registration
and grant of certificates of land use rights and ownership of houses and other
land-attached assets.
5. A household or an individual that has been
stably using land for the agricultural purpose since before July 1, 2004, which
is now certified by the commune-level People’s Committee to be dispute-free,
may have its/his/her land use rights recognized as follows:
a/ In case the household or individual is directly
engaged in agricultural production, it/he/she shall be granted a certificate of
land use rights and ownership of houses and other land-attached assets in the
form of land allocation by the State with land use levy for the land area
currently in use not exceeding the agricultural land allocation quota specified
in Article 129 of the Land Law. The remaining agricultural land area (if any)
shall be converted into land leased from the State;
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c/ For agricultural land in the same parcel with
houses and other construction works which is not recognized as non-agricultural
land specified in Clauses 1 and 2 of this Article, the household or individual
currently using land shall be granted a certificate of land use rights and
ownership of houses and other land-attached assets according to the current use
purpose in the cases specified at Point a of this Clause. Land users that wish
to change to a non-agricultural purpose shall carry out procedures for land use
purpose change and pay land use levy in accordance with law.
6. The financial obligations for the grant of
certificates of land use rights and ownership of houses and other land-attached
assets in the cases specified in this Article shall be performed in accordance
with law.
7. Houses and individuals that currently use land
in the cases specified in Clauses 1, 2 and 5 of this Article but fail to meet
the conditions for grant of certificates of land use rights and ownership of
houses and other land-attached assets may temporarily use land in its current
status until the State recovers land and shall make land declaration and
registration under regulations.
Article 21. Bases for
determining stable land use
1. Stable land use means consecutive use of land
for a certain main purpose from the time of starting the use of land for such
purpose to the time of grant of a certificate of land use rights and ownership
of houses and other land-attached assets or to the time of issuance of a land
recovery decision by a competent state agency in case no certificate of land
use rights, certificate of house ownership and residential land use rights or
certificate of land use rights and ownership of houses and other land-attached
assets (below collectively referred to as certificate) has been granted.
2. The time of starting the stable land use shall
be determined based on the time and contents related to the land use purpose
stated in one of the following documents:
a/ Receipt of agricultural land use tax and house
and land tax;
b/ Written record or decision on sanctioning of
administrative violation in land use, written record or decision on sanctioning
of administrative violation in the construction of land-attached facilities;
c/ Decision or judgment of a people’s court which
has taken legal effect or judgment enforcement decision of a judgment
enforcement agency which has been enforced regarding land-attached assets;
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dd/ Decision on settlement of a land use-related
complaint or denunciation of a competent state agency;
e/ Document for registration of permanent residence
or long-term temporary residence in a residential land-attached house; identity
card or birth certificate, and electricity and water charge bills and other
receipts bearing the house address at the registered land parcel;
g/ Document on assignment, allocation or
distribution of house or land by the agency or organization assigned by the
State to manage and use land;
h/ Document on purchase and sale of houses and
other land-attached assets or documents on purchase and sale of land and
transfer of land use rights bearing signatures of related parties;
i/ Maps, registers and documents on land survey and
measurement in different periods;
k/ Declaration of houses and land for registration
bearing the certification of the commune-level People’s Committee at the time
of declaration and registration.
3. In case the points of time of land use shown in
the documents specified in Clause 2 of this Article are inconsistent, the time
of starting stable land use shall be determined according to the document
showing the earliest date of land use.
4. In case none of the documents specified in
Clause 2 of this Article is available or they do not clearly state the time of
document establishment and land use purpose, there must be the commune-level
People’s Committee’s certification of the time of starting land use and land
use purpose based on opinions of persons who have once resided in the land by
the time when the certification requester starts the land use in the
residential area (village, hamlet or street quarter) where the land is located.
Article 22. Handling and
grant of certificates of land use rights and ownership of houses and other
land-attached assets to land-using households and individuals that commit
violations of the land law before July 1, 2014
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In case due to adjustment of land use master plans
and construction master plans approved by competent state agencies, encroached
or occupied land areas no longer belong to public-facility protection
corridors, lie within the redlined areas for construction of roads or for
construction of offices of state agencies, non-business works or other public
facilities, current land users may be considered for grant of certificates of
land use rights and ownership of houses and other land-attached assets and
shall perform the financial obligations prescribed by law.
2. Cases of use of encroached or occupied land
which has been allocated by the State without land use levy to state-run
agricultural and forestry farms, forest management boards, agricultural or
forestry centers, stations, farms or companies shall be handled as follows:
a/ In case of use of encroached or occupied land
areas planned for the protection and development of special-use forests or
protection forests, provincial-level People’s Committees shall direct the
recovery of such land areas for allocation to forest management boards for
management and use. Persons currently using encroached or occupied land may be
considered by forest management boards for contractual assignment of forest
land for forest protection and development in accordance with the law on forest
protection and development.
In case no forest management board exists, persons
currently using encroached or occupied land may be allocated land by the State
for use for the purpose of protection and development of protection forests and
be granted certificates of land use rights and ownership of houses and other
land-attached assets;
b/ In case of use of encroached or occupied land
areas planned for the construction of public infrastructure facilities,
provincial-level People’s Committees shall direct the recovery of such land
areas for allocation to investors for the construction of such facilities.
Persons currently using encroached or occupied land
may continue temporarily using such land until the State recovers the land but
shall preserve the current land use status and make land declaration and
registration under regulations;
c/ In case of use for agricultural production or
construction of houses on encroached or occupied land areas which are not
planned for the protection and development of special-use forests or protection
forests, or for the construction of public infrastructure facilities, current
land users may be considered for grant of certificates of land use rights and
ownership of houses and other land-attached assets.
In case of use for agricultural production of land
areas encroached or occupied during the period from July 1, 2004, to July 1,
2014, which are now still planned to be allocated to agricultural or forestry
farms for management and use, provincial-level People’s Committees shall
recover such land areas for returning to agricultural or forestry farms.
3. Cases of encroachment or occupation of unused
land or of land use purpose change without permission of competent state
agencies in case such permission is required in accordance with the land law
shall be handled as follows:
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Persons currently using encroached or occupied land
may continue temporarily using such land until the State recovers it but shall
preserve the current land use status and make land declaration and registration
under regulations;
b/ In case of use of land not falling into the case
specified at Point a of this Clause, provincial-level People’s Committees shall
direct the review and modification of land use master plans. Current land users
may be considered for grant of certificates of land use rights and ownership of
houses and other land-attached assets.
4. Households and individuals currently using
self-reclaimed agricultural land areas which are conformable with land use
master plans approved by competent state agencies and dispute-free may have
their land use rights recognized by the State according to land quotas set by
provincial-level People’s Committees. They shall change to lease land areas
that exceed land quotas set by provincial-level People’s Committees.
5. Current land users stably using dispute-free
land in the cases specified in Clause 1; Points a and c, Clause 2; and Point b,
Clause 3 of this Article may be granted certificates of land use rights and
ownership of houses and other land-attached assets as follows:
a/ For land parcels with houses, their residential
land areas may be recognized under Point a, Clause 2, Article 20 of this
Decree;
b/ Land parcels with non-residential construction
works may be recognized under Point b, Clause 1 and Point b, Clause 2, Article
20 of this Decree;
c/ Land areas currently in use and determined as
agricultural land may have land use rights recognized under regulations
applicable to the cases specified in Clause 5, Article 20 of this Decree;
d/ Land users that are granted certificates of land
use rights and ownership of houses and other land-attached assets specified in
this Clause shall perform the financial obligations prescribed by law.
Article 23. Grant of
certificates of land use rights and ownership of houses and other land-attached
assets to households and individuals that are allocated land ultra vires
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2. In case land allocated ultra vires has
been stably used since before October 15,1993, is dispute-free and conformable
with land use master plans, current land users may be granted certificates of
land use rights and ownership of houses and other land-attached assets for
allocated land areas under Clause 1, Article 20 of this Decree.
3. For land allocated ultra vires and stably
used in the period from October 15, 1993, to before July 1, 2014, which is
dispute-free and conformable with land use master plans, certificates of land
use rights and ownership of houses and other land-attached assets may be
granted under Clause 2, Article 20 of this Decree.
For land parcels with gardens and ponds associated
with houses or other construction works, the remaining areas without houses and
other construction works shall be determined as agricultural land according to
the current use status and land users that wish to change their use to
non-agricultural purposes shall carry out procedures for land use purpose
change.
4. Land users that are granted certificates of land
use rights and ownership of houses and other land-attached assets specified in
Clauses 2 and 3 of this Article shall perform the financial obligations prescribed
by law.
5. The State shall not grant certificates of land
use rights and ownership of houses and other land-attached assets for and shall
recover all land areas allocated or leased ultra vires on and after July
1, 2014.
Article 24. Determination
of residential land areas upon grant of certificates of land use rights and
ownership of houses and other land-attached assets to households and
individuals using land with gardens and ponds associated with houses
1. Land with gardens and ponds specified in Article
103 of the Land Law means land parcels with gardens and ponds associated with
houses, including land parcels inside and outside residential quarters in the
following cases:
a/ Land parcels with houses, gardens and ponds;
b/ Land parcels on which documents on land use
rights specified in Clauses 1, 2 and 3, Article 100 of the Land Law and Article
18 of this Decree show houses, gardens and ponds which all have been actually
used for the housing purpose.
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3. For land parcels with gardens and ponds
associated with houses formed before December 18, 1980, for which current land
users have one of the documents on land use rights specified in Clauses 1, 2
and 3, Article 100 of the Land Law and Article 18 of this Decree, which does
not clearly indicate the residential land area, the residential land area to be
recognized without land use levy is equal to the actual area of the land parcel
in case the area of the land parcel is smaller than five times the residential
land allocation quota, or equal to five times the residential land allocation
quota in case the area of the land parcel is larger than five times the
residential land allocation quota in accordance with the Land Law.
4. For land areas remaining after the determination
of residential land areas under Article 103 of the Land Law and Clause 3 of
this Article, and currently used as gardens and ponds which are requested by
land users to be recognized as residential land or other non- agricultural
land, land users may be granted certificates of land use rights and ownership
of houses and other land-attached assets according to such use purpose and
shall perform the financial obligations prescribed by law.
5. Residential land areas of households and
individuals in case of residential land parcels with gardens and ponds for
which certificates are granted before July 1, 2014, shall be determined as
follows:
a/ If households and individuals using land parcels
with gardens and ponds associated with houses are granted certificates before
July 1, 2014, residential land areas shall be determined to be areas stated in
the granted certificates;
b/ If by the time of grant of previous
certificates, land users had one of the documents specified in Clauses 1, 2 and
3, Article 100 of the Land Law and Article 18 of this Decree but residential
land areas are neither determined under Clauses 2, 3 and 4, Article 103 of the
Land Law and Clause 3 of this Article and nor re-determined under Points b and
c, Clause 1, Article 45 of the Government’s Decree No. 181/2004/ND-CP of
October 29,2004, on implementation of the 2003 Land Law, and now land users
file written requests for re-determination of their residential land areas or
the State recovers re-determined residential land areas under Clauses 2, 3 and
4, Article 103 of the Land Law and Clause 3 of this Article, households and
individuals are not required to pay land use levy and are entitled to
compensations when the State recovers land areas re-determined as residential
land.
Article 25. Grant of
certificates of land use rights and ownership of houses and other land-attached
assets to domestic organizations currently using land not falling into the
cases specified in Article 46 of this Decree
1. Domestic organizations currently using land
without certificates shall review and declare the current land use status and
report such to provincial-level People’s Committees of localities where the
used land is located.
2. Based on reports on current land use status of
the above organizations, provincial-level People’s Committees of localities
where the used land is located shall inspect the current land use status and
decide to handle as follows:
a/ For land areas currently used for proper
purposes, competent state agencies shall determine the form of land use in
accordance with law and grant certificates of land use rights and ownership of
houses and other land-attached assets. In case of land use without documents
specified in Article 100 of the Land Law and Article 18 of this Decree, the
forms of land use specified in Articles 54, 55 and 56 of the Land Law shall be
applied, while the form of land use specified in Article 56 of the Land Law
shall be applied to land for construction of offices of socio-professional
organizations;
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c/ Land areas used for improper purposes, land
areas encroached or occupied due to irresponsibility, land areas leased or lent
to other organizations, households and individuals, land areas unlawfully
contributed as capital to joint ventures or undertakings, land areas not used
for more than 12 months or left unused for more than 24 months behind schedule
shall be handled under decisions of provincial-level People’s Committees in
accordance with law;
d/ Land areas arranged by organizations to
households and individuals being their officials, workers and employees for the
housing purpose shall be handed over to district-level
People’s Committees of localities where such land
areas are located, for management. For residential land areas currently used in
conformity with master plans, certificates of land use rights and ownership of
houses and other land-attached assets shall be granted to current land users,
who shall perform the financial obligations prescribed by law;
dd/ For disputed land areas, provincial-level
People’s Committees shall definitely settle such disputes in order to identify
land users in accordance with law.
Article 26. Grant of
certificates of land use rights and ownership of houses and other land-
attached assets for land for construction of urban areas, rural residential
areas and production and business areas with multiple use purposes
1. For land allocated to
investors for implementing projects on construction of urban areas or rural
residential areas while these projects have different construction items or
different land areas used for different purposes prescribed in Article 10 of
the Land Law, the locations and sizes of land areas used for each purpose shall
be determined and certificates of land use rights and ownership of houses and
other land-attached assets shall be granted as follows:
a/ Certificates of land
use rights and ownership of houses and other land-attached assets shall be
granted for each land parcel used for a certain purpose in conformity with the
detailed construction plan approved by a competent state agency;
b/ The land areas used
for construction of public facilities serving the community’s common interests
inside and outside urban areas or rural residential areas under the investment
projects and approved detailed construction plan shall be handed over to the
localities for management without being granted certificates of land use rights
and ownership of houses and other land-attached assets.
2. For land allocated to
investors for implementing production and business projects which have
different land areas used for different purposes, a single certificate of land
use rights and ownership of houses and other land-attached assets shall be
granted to the investor for the whole area of such land, which clearly
indicates the locations and sizes of land areas used for each purpose
prescribed in Article 10 of the Land Law. In case the investor so wishes, a
certificate of land use rights and ownership of houses and other land-attached
assets shall be granted for each land parcel used for a certain purpose in
accordance with the land law and the approved detailed construction plan.
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The grant of certificates of land use rights and
ownership of houses and other land- attached assets for land having
historical-cultural relics or scenic spots which have been ranked or are
protected under decisions of provincial-level People’s Committees is prescribed
as follows:
1. For land having independent historical-cultural
relics or scenic spots which are currently used by agencies, organizations,
communities, households or individuals, certificates of land use rights and
ownership of houses and other land-attached assets shall be granted to these
agencies, organizations, communities, households or individuals.
2. In case historical-cultural relics or scenic
spots are areas with different land users and involving different types of
land, certificates of land use rights and ownership of houses and other land-attached
assets shall be granted to every land user and for each type of land in such
areas. Land users shall comply with regulations on protection of
historical-cultural relics and scenic spots.
Article 28. Grant of
certificates of land use rights and ownership of houses-and other land-attached
assets for land currently used by religious institutions
1. Religious institutions that are using land with
pagodas, churches, chancels, monasteries, abbeys, religious schools, head
offices of religious organizations or other religious institutions licensed by
the State to operate but have not yet been granted certificates of land use
rights and ownership of houses and other land-attached assets shall review and
declare their land use and report to provincial-level People’s Committees on:
a/ The total land area currently used;
b/ Land areas classified by the religious
institution by origin: land area allocated by a competent state agency; land
area acquired from transfer; land area donated; land area borrowed from organizations,
households or individuals; land area created by the religious institution
itself; and land areas of other origins;
c/ Land areas lent, lent for residence, or leased
by the religious institution to organizations, households or individuals;
d/ Land area encroached upon or occupied by other
persons.
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a/ For land areas used stably by organizations,
households or individuals since before October 15, 1993, they shall base on
land use demands of religious institutions and these organizations, households
or individuals to make settlement decisions that ensure land use- related
interests of the related parties and suit reality;
b/ For land areas used by organizations, households
or individuals since between October 15, 1993, and before July 1, 2004, they
shall make settlement decisions as in the case in which households or
individuals borrow or rent land from other households or individuals in
accordance with the land law;
c/ For land areas of religious institutions which
have been expanded without permission of a competent state agency; are
encroached upon or occupied; or are under dispute, they shall make definite
settlement decisions in accordance with law.
3. For land areas of religious institutions which
has been handled over under Clause 2 of this Article and meet the conditions
prescribed in Clause 4, Article 102 of the Land Law, religious institutions
shall be granted certificates of land use rights and ownership of houses and
other land-attached assets in the form of land allocation without land use levy
for a long and stable use term.
For land areas currently used by religious
institutions for the purpose of agricultural production, forestry production or
non-agricultural production and business, or used for charitable establishments
(including land areas acquired through transfer or donated before July 1,
2004), certificates of land use rights and ownership of houses and other
land-attached assets shall be granted in a form and with a land use term
corresponding to such purpose as for households and individuals.
Article 29. Grant of
certificates of land use rights and ownership of houses and other land-attached
assets for land parcels smaller than the prescribed minimum area
1. For a currently used
land parcel which was formed before the effective date of the provincial-level
People’s Committee’s document on the minimum area of a land parcel eligible for
splitting and which is smaller than the minimum area prescribed by the
provincial-level People’s Committee but fully satisfies the conditions for
grant of a certificate of land use rights and ownership of houses and other
land-attached assets, the current user shall be granted such certificate.
2. Notarization,
certification, grant of a certificate of land use rights and ownership of
houses and other land-attached assets, and carrying out of procedures to
exercise the rights of land users are not allowed in case land users
arbitrarily divide the land parcels already registered and granted with the
certificates into two or more smaller land parcels at least one of which is
smaller than the minimum area prescribed by the provincial-level People’s
Committee.
3. In case land users
simultaneously apply for splitting of a land parcel smaller than the prescribed
minimum area and for consolidation of this land parcel with another adjacent
one to form a new land parcel equal to or larger than the minimum area of a
land parcel eligible for splitting, they shall be allowed to split and
consolidate the land parcels simultaneously and shall be granted a certificate
of land use rights and ownership of houses and other land- attached assets for
the new land parcel.
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1. In case a land user
has a land area located in different communes, wards and townships but falling
within the competence of the same certificate-granting agency, a single
certificate of land use rights and ownership of houses and other land-attached
assets shall be granted to such land user, which must indicate each land area
located in each commune-level administrative unit.
2. In case a land user
has a land area located in different communes, wards and townships and falling
within the competence of different certificate-granting agencies, a certificate
of land use rights and ownership of houses and other land-attached assets shall
be granted for each land pared falling within the competence of each
certificate-granting agency.
Article 31. House
ownership certification
House owners eligible to own houses under the
housing law and possessing papers proving the lawful formation of houses may
have their house ownership certified according to the following provisions:
1. Domestic households and individuals must possess
one of the following papers:
a/ House construction permit, in case construction
permit is required under the construction law.
In case a house was built in contravention of the
granted construction permit, written opinions of the construction licensing
agency certifying that the improperly built area does not affect the safety of
the house and is now compliant with the approved construction master plan are
required;
b/ Contract on purchase and sale of a state-owned
house under the Government’s Decree No. 61/CP of July 5, 1994, on purchase,
sale and trading of houses, or paper on liquidation or sale of a state-owned
house before July 5, 1994;
c/ Paper on handover or donation of a gratitude or
great-unity house;
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dd/ Paper on purchase and sale, donation, exchange
or inheritance of the house already notarized or certified by a competent
People’s Committee under law.
For a house purchased, donated, exchanged or
inherited from July 1, 2006 on, a paper on such transaction is required under
the housing law.
For a house purchased from an enterprise building
houses for sale, a contract on house purchase and sale signed between the
purchaser and the seller is required;
e/ Legally effective judgment or decision of the
people’s court or paper of the state agency competent to permit house
ownership;
g/ An applicant for house ownership certification
that possesses one of the papers specified at Points a, b, c, d, dd and e of
this Clause which bears the name of another person is required to possess one
of the papers on house purchase and sale, donation, exchange or inheritance
before July 1, 2006, signed by the related parties and certified by the
commune- level People’s Committee; for a house purchased, donated, exchanged or
inherited before July 1, 2006, without a paper on such purchase, donation,
exchange or inheritance signed by the related parties, the commune-level
People’s Committee’s certification of the time of purchase, donation, exchange
or inheritance of such house is required.
In case an applicant for house ownership
certification possesses one of the papers specified at Points a, b, c, d, dd
and e of this Clause while the current conditions of the house are inconsistent
with such paper, the commune-level People’s Committee’s certification is
required for the part of the house inconsistent with the paper as in the case
prescribed at Point h of this Clause;
h/ A domestic individual who possesses none of the
papers specified at Points a. b. c, d, dd and e of this Clause shall obtain the
commune-level People’s Committee’s written certification that the house was completely
built before July 1, 2006, before the land use master plan or construction plan
was promulgated, or complied with the master plan in case the house was built
after the land use master plan, the detailed urban construction plan or master
plan on construction of rural residential areas was promulgated under law. For
a house completely built since July 1, 2006, the commune-level People’s
Committee’s written certification that die house is not subject to construction
permit and satisfies the planning conditions like houses built before July 1,
2006, is required; for a house which was subject to construction permit but was
built without such permit, the district-level construction management agency’s
written approval of the existence of such house is required.
2. Overseas Vietnamese owning houses in Vietnam
must possess the following papers:
a/ Paper on house purchase and sale, donation,
inheritance or ownership in another form under the housing law;
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3. Domestic organizations and overseas Vietnamese
implementing investment projects and foreign organizations and individuals must
possess papers prescribed below:
a/ In case of building houses for commercial
purposes, one of the papers on projects on commercial housing development
(project approval decision, investment decision, investment license and
investment certificate) is required;
b/ In case of purchase, donation, inheritance or
ownership of houses in another form as prescribed by law, a paper on such
transaction is required in accordance with the housing law;
c/ For houses which were built in contravention of
the papers specified at Points a and b of this Clause, written opinions of the
construction licensing agency certifying that the improperly built area does
not affect the safety of the houses and is now compliant with the approved
construction master plan (if any) are required.
4. In case house owners are not land users, in
addition to the papers on house ownership as specified in Clauses 1, 2 and 3 of
this Article, a lawfully notarized or certified land lease contract, capital
contribution contract, business cooperation contract or written approval of the
land user of house construction and copies of papers on land use rights under
the land law are required.
Article 32. Certification
of ownership of non-residential construction facilities
Owners of non-residential construction facilities
may have their ownership certified according to the following regulations:
1. Domestic households, individuals and communities
must possess one of the following papers:
a/ Facility construction permit, in case
construction permit is required under the construction law.
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does not affect the safety of the facilities and is
now compliant with the approved construction master plan are required;
b/ Papers on ownership of construction facilities,
granted by competent authorities in different periods, unless the facilities
have been managed and arranged by the State for use;
c/ Notarized or certified paper on purchase and
sale, donation or inheritance of the construction facility as prescribed by
law;
d/ Legally effective paper of the people’s court or
a competent state agency proving the ownership of the construction facility;
dd/ An applicant for construction facility
ownership certification who possesses one of the papers specified at Points a,
b, c and d of this Clause which bears the name of another person is required to
possess one of the papers on purchase and sale, donation, exchange or
inheritance of construction facilities before July 1, 2004, signed by the
related parties and certified by the commune- or higher-level People’s
Committee; in case of purchase, donation, exchange or inheritance of
construction facilities before July 1, 2004, without a paper on such purchase,
donation, exchange or inheritance signed by the related parties, the
commune-level People’s Committee’s certification of the time of purchase,
donation, exchange or inheritance of the construction facility in the
application for a certificate of land use rights and ownership of houses and
other land-attached assets is required.
In case an applicant for construction facility
ownership certification possesses one of the papers specified at Points a, b, c
and d of this Clause while the current conditions of the facility are
inconsistent with such paper, the commune-level People’s Committee’s
certification is required for the part of the facility inconsistent with the
paper as in the case prescribed at Point e of this Clause;
e/ In case a domestic individual possesses none of
the papers specified at Points a, b, c and d of this Clause, the commune-level
People’s Committee’s certification that the facility was completely built
before July 1, 2004, before the land use master plan or construction plan is
promulgated, or is compliant with the master plan, in case the facility was
built after the land use master plan or construction plan is promulgated, is
required.
For a facility completely built since July 1, 2004,
the commune-level People’s Committee’s certification that the facility is not
subject to construction permit and satisfies the planning conditions as for
facilities built before July 1, 2004, is required; for a facility which was
subject to construction permit but was built without such permit, the
district-level construction management agency’s written approval of the
existence of such facility is required.
2. Domestic organizations, religious institutions,
foreign organizations, foreign individuals and overseas Vietnamese must possess
papers prescribed below:
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b/ In case of purchase and sale, donation,
exchange, inheritance or in another form as prescribed by law, a lawful paper
on such transaction is required;
c/ In case of unavailability of one of the papers
specified at Points a and b of this Clause, the provincial-level construction
management agency’s certification that the facility existed before the
construction master plan is promulgated and is now compliant with the approved
construction master plan is required;
d/ For facilities built in contravention of the
papers specified at Points a, b and c of this Clause, the improperly built area
shall be inspected by the construction licensing agency and is certified not to
affect the safety of the facility and to be compliant with the approved
construction master plan.
3. In case construction facility owners are not
land users, in addition to the facility ownership papers specified in Clauses 1
and 2 of this Article, the lawfully notarized or certified written approval of
the land user of the construction of the facility and copies of papers on land
use rights under the land law are required.
Article 33. Certification
of ownership of planted production forests
Owners of planted production forests whose capital
used for forestation, money paid for acquisition of forests or money paid to
the State upon allocation of forests with land use levy does not originate from
the state budget and who possess one of the following papers may have their
ownership certified:
1. Certificate or one of the papers specified in
Article 100 of the Land Law and Article 18 of this Decree, which indicates that
the State allocates land, leases land or recognizes land use rights for
planting production forests;
2. Paper proving the allocation of planted
production forests;
3. Lawfully notarized or certified contract or
document on purchase and sale, donation or inheritance of planted production
forests;
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5. In case households, individuals or communities
have none of the papers specified in Clauses 1, 2, 3 and 4 of this Article but
have planted production forests with their own capital, the land registration
office’s certification of their full satisfaction of the conditions for having
land use rights recognized under the land law is required;
6. For domestic organizations that implement
projects on planting production forests with capital not originating from the
state budget, the project approval decision, project investment decision,
investment license or investment certificate for planting production forests
under the investment law is required;
7. For foreign-invested enterprises and overseas
Vietnamese that implement projects on planting production forests, the project
approval decision, project investment decision, investment decision, investment
license or investment certificate for planting production forests under the
investment law is required;
8. In case owners of planted production forests are
not land users, in addition to the papers specified in Clauses 1 thru 7 of this
Article, the legally notarized or certified written agreement of the land user
permitting the use of land for forestation and copies of papers on land use
rights under the land law are required.
Article 34. Certification
of ownership of perennial trees
Owners of perennial trees may have their ownership
certified if they possess one of the following papers:
1. Certificate or one of the papers specified in
Article 100 of the Land Law and Article 18 of this Decree, which indicates that
the State allocates land, leases land or recognized the land use rights for
planting perennial trees as suitable to the land use purposes indicated in such
certificate or paper;
2. Lawfully notarized or certified contract or
document on purchase and sale, donation or inheritance of perennial trees;
3. Legally effective judgment or decision of the
people’s court or paper of a competent state agency on the ownership of
perennial trees;
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5. For domestic organizations, the project approval
decision, project investment decision, investment certificate or investment
license for planting perennial trees under the investment law is required;
6. In case owners of perennial trees are not land
users, in addition to the papers specified in Clauses 1 thru 5 of this Article,
the legally notarized or certified paper of the land user permitting the use of
land for planting perennial trees and copies of papers on land use rights
prescribed by the land law are required;
7. The Ministry of Agriculture and Rural
Development shall assume the prime responsibility for, and coordinate with the
Ministry of Natural Resources and Environment in, specifying types of perennial
trees eligible for ownership certification.
Article 35. Land-attached
assets ineligible for ownership certification upon grant of certificates of
land use rights and ownership houses and other land-attached assets
Land-attached assets are ineligible for ownership
certification in one of the following cases:
1. Land-attached assets on land parcels which fail
to fully satisfy the conditions for grant of certificates of land use rights
and ownership of houses and other land-attached assets as prescribed in the
Land Law and this Decree;
2. Houses or other construction facilities which
are temporarily built during the construction of main facilities or which are
built with bamboo, leaf or earth; and auxiliary facilities which are outside
the premises of main facilities and serve the management, use and operation of
main facilities;
3. Land-attached assets for which competent state
agencies have issued clearance or dismantlement notices or decisions or land
recovery notices or decisions;
4. Houses or facilities which are built after a
construction ban is announced; which encroach or occupy the protection
corridors of technical infrastructure facilities or ranked historical-cultural
relics; land-attached assets which are formed after the master plan is approved
by a competent state agency but do not comply with the master plan approved at
the time of grant of certificates of land use rights and ownership houses and
other land-attached assets;
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6. Land-attached assets not falling in the cases
eligible for ownership certification as prescribed in Articles 31, 32, 33 and
34 of this Decree;
7. Assets formed as a result of illegal change of
land use purpose.
Article 36. Grant of
certificates of land use rights and ownership houses and other land- attached assets
in case the State’s decisions on management of land and land-attached assets
had been issued but have not yet been implemented
Households and individuals that are currently using
land and land-attached assets for which state agencies’ decisions on management
of such land and assets had been issued during the implementation of state
policies but have not yet actually been implemented, may continue using them
and may be considered for grant of certificates of land use rights and
ownership of houses and other land-attached assets in accordance with law.
Article 37. Agencies
granting certificates of land use rights and ownership of houses and other
land-attached assets when land users exercise the rights of land users or owners
of land-attached assets; renewal or re-grant of certificates
1. For localities in which land registration
offices have been established under Clause 1, Article 5 of this Decree,
provincial-level Natural Resources and Environment Departments shall grant
certificates of land use rights and ownership of houses and other land-attached
assets to land users and owners of land-attached assets who have been granted
certificates, certificates of ownership of houses or certificates of ownership
of construction facilities in the following cases:
a/ When land users or asset owners exercise the
rights of land users or owners of land- attached assets, which requires the
grant of new certificates of land use rights and ownership of houses and other
land-attached assets;
b/ Renewal or re-grant of certificates,
certificates of ownership of houses or certificates of ownership of
construction facilities.
2. For localities in which land registration
offices have not yet been established under Clause 1, Article 5 of this Decree,
the grant of certificates to the subjects specified in Clause 1 of this Article
is prescribed as follows:
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b/ District-level People’s Committees shall grant
certificates of land use rights and ownership of houses and other land-attached
assets to households, individuals, communities, and overseas Vietnamese
eligible to own houses associated with the rights to use residential land in
Vietnam.
3. The Ministry of Natural Resources and
Environment shall define the subjects that are eligible for grant of
certificates of land use rights and ownership of houses and other land-
attached assets upon registration of changes in land or land-attached assets,
and certify changes in the granted certificates.
Chapter VI
REGIME ON
USE OF LAND OF DIFFERENT TYPES
Section 1. GENERAL PROVISIONS
Article
38. Use of state-allocated land by
economic organizations for creating capital for infrastructure construction
under projects or use of land originating from winning at the auction of land
use rights before July 1, 2004
1. Economic organizations that are currently using
land allocated by the State for a long and stable term for creating capital for
infrastructure construction under the land law before July 1, 2004, may
continue using such land for a long and stable term.
2. Economic organizations that are currently using
land originating from winning at the auction of land use rights before July 1,
2004, for which the use term has not been determined, may continue using such
land for a long and stable term.
Article 39. Transfer of
investment capital being the value of land use rights
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2. When transferring investment capital,
enterprises or owners of enterprises shall determine the capital amount being
the value of land use rights in the total transferred capital amount, and
fulfill tax, charge and fee obligations in accordance with law.
Article 40. Conditions for
transfer or donation of land use rights of ethnic minority households and
individuals that use land allocated by the State under the support policy
1. Ethnic minority households and individuals that
use land allocated by the State under the support policy may only transfer or
donate land use rights 10 years after land allocation decision is issued if the
commune-level People’s Committee of the locality where the land is located
certifies that they no longer need to use the land because they move from the
commune, ward or township where they reside to other places or they shift to do
other trades or they no longer have working capacity.
2. Organizations and individuals may not acquire or
be donated land use rights from ethnic minority households or individuals that
use land allocated by the State under the support policy if the latter do not
fall in the cases eligible for transfer or donation of land use rights as
prescribed in Clause 1 of this Article.
Article 41. Conditions for
transfer of land use rights under investment projects on construction of houses
for sale or for combined sale and lease
1. Conditions for investment projects on
construction of houses for sale or for combined sale and lease to transfer land
use rights in the form of dividing land parcels for sale include:
a/ The projects comply with district-level annual
land use plans;
b/ Project investors shall complete the
construction of infrastructure facilities including service, technical and
social infrastructure facilities under the approved 1:500 detailed master
plans, ensuring the connection with the common infrastructure systems of the
areas before transferring land use rights to people for building houses, and
ensuring the provision of essential services of electricity and water supply,
water drainage and garbage collection;
c/ Projects investors shall fulfill all financial
obligations related to the projects’ land, such as land use levy and land
rental; and land-related taxes, charges and fees (if any);
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2. Investors of projects on construction of houses
for sale or for combined sale and lease may transfer land use rights in the
form of dividing land parcels for sale in the areas outside the inner districts
of special urban centers; areas with strict requirements on landscape
architecture, central areas, and around buildings that are prominent
architectural points in urban centers; the frontages of regional- or
higher-level roads and main landscape roads in urban centers.
3. Households and individuals that acquire land use
rights for building houses shall build houses strictly according to the
construction permits as well as approved detailed master plans and urban
designs.
4. The Ministry of Construction shall assume the
prime responsibility for, and coordinate with the Ministry of Natural Resources
and Environment in, detailing this Article.
Article 42. Conditions for
transfer of land use rights associated with the transfer of part or the whole
of investment projects on construction and trading of houses
The transfer of land use rights associated with the
transfer of part or the whole of investment projects on construction and
trading of houses must satisfy the following conditions:
1. All the conditions prescribed in Clause 1,
Article 188 of the Land Law;
2. The investors fulfill all financial obligations
related to the projects’ land, such as land use levy and land rental; and
land-related taxes, charges and fees (if any).
3. Transferees of land use rights associated with
part or the whole of investment projects on construction and trading of houses
conduct relevant business lines and satisfy the conditions prescribed in
Article 58 of the Land Law and Articles 13 and 14 of this Decree.
Article 43. Handling of
land use rights of state enterprises upon equitization
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2. The value of land use rights upon equitization
shall be handled under the Government’s regulations on equitization of state
enterprises, ensuring adherence to the principle that the land price used for
determining the value of land use rights is the specific land price decided by
provincial-level People’s Committee as prescribed in Clause 3 and Point d,
Clause 4, Article 114 of the Land Law.
3. Upon equitization of state enterprises,
provincial-level People’s Committees shall review land areas currently used by
the enterprises, handle such land areas and grant certificates of land use
rights and ownership of houses and other land-attached assets under Article 102
of the Land Law and Article 25 of this Decree.
Section 2. AGRICULTURAL LAND
Article 44. Quotas for
acquisition of agricultural land use rights of households and individuals
Quotas for acquisition of land for cultivation of
annual crops, land for cultivation of perennial trees, land for planted
production forests, land for aquaculture and land for salt production for each
household or individual for agricultural purposes are applicable to the cases
of transfer or acquisition of land use rights or debt handling as agreed in
land use rights mortgage contracts, specifically as follows:
1. Land for cultivation of annual crops, land for
aquaculture or land for salt production:
a/ Not exceeding 30 ha for each type of land, for
provinces and centrally run cities in the southeastern region and the Mekong
delta region;
b/ Not exceeding 20 ha for each type of land, for
remaining provinces and centrally run cities.
2. Land for cultivation of perennial trees:
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b/ Not exceeding 300 ha, for midland and
mountainous communes, wards and townships.
3. Land for planted production forests:
a/ Not exceeding 150 ha, for delta communes, wards
and townships;
b/ Not exceeding 300 ha, for midland and
mountainous communes, wards and townships.
4. In case a household or an individual acquires
agricultural land use rights in more than one province or centrally run city,
the total area eligible for acquisition within quota for each type of land
(land for cultivation of annual crops, land for cultivation of perennial trees,
land for planted production forests, land for aquaculture or land for salt
production) equals the quota eligible for acquisition of land use rights in the
province or centrally run city in which the highest quota eligible for
acquisition of land use rights is applicable.
5. In case a household or an individual acquires
agricultural land use rights of different types of land (land for cultivation
of annual crops, land for cultivation of perennial trees, land for planted
production forests, land for aquaculture and land for salt production), the
quota for acquisition of agricultural land use rights for this household or individual
shall be determined for each type of land as prescribed in Clauses 1,2 and 3 of
this Article.
6. Households and individuals that have used
agricultural land in excess of the quotas for acquisition of land use rights
prescribed in Clauses 1 thru 5 of this Article and had registered to transfer
land use rights before July 1, 2007, may continue using the over-quota land
areas like agricultural land within the quotas eligible for acquisition.
7. Households and individuals that have used
agricultural land in excess of the quotas for acquisition of land use rights
prescribed in Clauses 1 thru 5 of this Article and had registered to transfer
land use rights between July 1, 2007, and before July 1, 2014, may continue
using such land and shall shift to lease land from the State only for the
over-quota land areas.
Article 45. Land for rice
cultivation
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2. The determination and use of the sums of money
specified in Clause 1 of this Article must comply with the Government’s
regulations on management and use of land for rice cultivation.
Article 46. Management and
use of land of agricultural and forestry companies after they are reorganized,
renovated and developed to raise their operation efficiency
1. In the course of reorganization,
renovation and development to raise their operation efficiency, agricultural
and forestry companies that currently use land shall:
a/ Review the current
land use status in terms of location and boundary for land management and use;
land area used properly; land area used improperly; unused land area; land
areas which are currently contracted, leased, lent, encroached upon, occupied,
used for joint venture or investment cooperation and are under dispute;
b/ Propose land use plans
based on the approved plans on reorganization, renovation and development of
agricultural and forestry companies; local land use master plans and land use
status.
A land use plan must
indicate the location and boundary of land use; land area proposed to be retained
for use by type of land, form of land use and land use term; and land area to
be handed over to the locality.
c/ Report on land use
plans to the natural resources and environment agency for appraisal before
submitting them to the provincial-level People’s Committee for approval;
d/ Organize the
implementation of the approved land use plans.
2. Provincial-level
People’s Committees shall consider and approve land use plans of local
agricultural and forestry companies; direct the determination of boundaries,
placement of land use boundary landmarks under approved plans, making of land
allocation and lease dossiers, and grant of certificates of land use rights and
ownership of houses and other land- attached assets to the companies; and
decide to recover the land areas handed over to localities under the approved
land use plans.
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a/ For the land area
which is illegally leased or lent or used by the companies for joint venture or
investment cooperation, the companies shall terminate such illegal lease or
lending or unlawful use and use the land area for proper purposes;
b/ The land area
currently encroached upon or occupied shall be definitely handled and put to
use.
4. For the land area
handed over to localities, provincial-level People’s Committees shall make plans
on its use in the following order of priority:
a/ Building public
facilities;
b/ Allocating or leasing
to local households and individuals that have no land or lack production land;
c/ Allocating or leasing
to current land users if they so wish, provided that such use of land complies
with local land use master plans.
Article 47. Inland land
with water surface located in different provinces and centrally run cities
1. The use of inland land with water surface
located in different provinces and centrally run cities must comply with
approved land use master plans and plans and water resources master plans as
well as the law on water resources.
2. Provincial-level People’s Committees or
district-level People’s Committees shall lease inland land with water surface
to economic organizations, households or individuals for investment in
aquaculture, agricultural production or for combined agricultural and non-
agricultural purposes according to their competence defined in Article 59 of
the Land Law.
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Article 48. Riparian and
coastal alluvial land
1. District-level People’s Committees shall
investigate, survey, monitor and assess the areas of riparian and coastal
alluvial land that are regularly deposited or affected by landslide in order to
make plans for land exploitation and use.
2. Competent state agencies shall consider and
decide on lease of riparian and coastal alluvial land that are regularly
deposited or affected by landslides to persons who need such land.
3. The Minister of Natural Resources and
Environment shall detail the use of riparian and coastal alluvial land.
Section 3. NON-AGRICULTURAL LAND
Article 49. Use of land
for construction of condominiums
1. Land for construction of condominiums or
condominiums for combined residence and use as offices or trade and service
establishments (below referred to as condominiums) includes land for
construction of condominiums, land for use as yards and for planting flowers
and trees around condominiums, and land for construction of infrastructure
facilities.
2. Investors of condominium construction projects shall
be allocated or leased land and granted certificates of land use rights and
ownership of houses and other land-attached assets for the land area under
these projects according to the following provisions:
a/ For the area of land for construction of condominiums
and land for construction of infrastructure facilities used by investors for
commercial purposes under the projects and approved detailed master plans, the
investors shall be allocated or leased such land by the State and shall pay
land use levy or land rental; they shall also be granted certificates of land
use rights and ownership of houses and other land-attached assets;
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3. Land use rights and the grant of certificates of
land use rights and ownership of houses and other land-attached assets under projects
on construction of condominiums for sale or for combined sale and lease must
comply with the following provisions:
a/ Investors shall hand over the land area under
common use rights of owners of apartments, offices and trade and service
establishments in the condominiums (below referred to as apartments), covering
the area of land for construction of condominiums, land for use as yards and
for planting flowers and trees around the condominiums and land for
construction of infrastructure facilities outside the condominiums which
directly serve the condominiums, to apartment owners for management and use
under the investment projects. Investors shall clearly determine the locations,
boundaries and land areas under common use rights under the investment
projects, detailed construction master plans and layout designs for submission
to competent agencies for approval; and in house purchase and sale contracts
and as-built drawings for carrying out the procedures for grant of certificates
of land use rights and ownership of houses and other land-attached assets to
the purchasers.
b/ Land use rights mentioned at Point a of this
Clause are common use rights which cannot be divided. The ratio of land use
rights shall be the ratio of the area of an apartment to the total floor area
of all apartments in a condominium. The use and disposition of land use rights
in a condominium shall be decided by the majority of persons representing the
ratio of land use rights but must serve the common interests of the community and
comply with law;
c/ Apartment owners shall be granted certificates
of land use rights and ownership of houses and other land-attached assets for
the land area under common use as prescribed at Point a of this Clause for a
long and stable term; the area of apartments shall be determined based on
apartment purchase and sale contracts;
d/ Upon grant of certificates of land use rights
and ownership of houses and other land- attached assets to apartment
purchasers, the certificates already granted to investors prescribed in Clause
2 of this Article shall be adjusted to the form of common use for the land area
specified at Point a of this Clause.
The land area under housing development projects
outside the areas specified at Point b of Clause 2 and Point a of this Clause
shall come under the use rights of investors, for which investors shall be
granted certificates of land use rights and ownership of houses and other
land-attached assets.
Article 50. Land for
national defense or security purposes
1. Users of land for
national defense or security purposes are defined as follows:
a/ Units under the Ministry of National Defense or
the Ministry of Public Security shall be users of land for military barracks,
except the case specified at Point c of this Clause; land for military bases;
land for national defense works, battle fields and special works of national
defense and security; public-duty houses of people’s armed forces; and land in
the areas allocated by the Government exclusively to the Ministry of National Defense
or the Ministry of Public Security for management, protection and use;
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c/ Military commands of provinces or centrally run
cities; military commands of districts, towns or provincial cities; public security
departments of provinces or centrally run cities; public security offices of
districts, towns or provincial cities; public security offices of wards or
townships; and border guard stations are users of land for construction of
their offices.
2. Land for national defense or security purposes
shall be properly used. For unused or improperly used land areas,
provincial-level People’s Committees shall notify land users to put the land to
proper use; 12 months after receiving such notification, if land users fail to
put the land to proper use, provincial-level People’s Committees shall recover
such land for allocation to others for use.
3. If wishing to change the land use purpose within
the national defense or security land areas under approved master plans or
plans on use of land for national defense or security purposes, land users
shall submit written requests for permission for change of the land use purpose
to provincial-level Natural Resources and Environment Departments, enclosed
with written opinions of the Ministry of National Defense or the Ministry of
Public Security.
4. Land currently managed and used by people’s
armed force units but not under approved master plans on use of land for
national defense or security purposes shall be handed over to localities for
management and handled as follows:
a/ For land areas already allocated for households
of officers and soldiers of the people’s armed force units for building houses
under approved land use master plans or plans, the land users shall be granted
certificates of land use rights and ownership of houses and other land-
attached assets and shall fulfill all financial obligations prescribed by law;
b/ For land for non-agricultural production and
business purposes which is currently used by national defense or security
enterprises, these enterprises shall shift to lease such land under production
and business plans approved by the Ministry of National Defense or the Ministry
of Public Security;
c/ For land areas not specified at Points a and b
of this Clause, provincial-level People’s Committees shall decide to recover
them for allocation or lease for use in accordance with law.
4. Competent state agencies shall definitely handle
disputed land areas for identifying land users.
Article 51. Land for industrial
parks, export-processing zones and industrial clusters
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In case the term of an investment project is longer
than the remaining use term of land of the industrial park, export-processing
zone or industrial cluster, the enterprise that builds and commercially
operates infrastructure of such industrial park, export-processing zone or
industrial cluster shall seek permission from a competent state agency for
adjustment of the land use term as appropriate, provided that the total land
use term must not exceed 70 years, and it shall pay land use levy or land
rental for the area eligible for use term extension.
2. Self-financed public non-business units that are
assigned by competent agencies to build and commercially operate infrastructure
of industrial parks or industrial clusters and are leased land by the State may
sublease such land after having invested in infrastructure facilities therein.
3. Annually, enterprises that build and
commercially operate infrastructure of industrial parks, export-processing
zones or industrial clusters shall report to provincial-level People’s
Committees and publicize the land areas not yet leased or subleased in such
industrial parks, export-processing zones or industrial clusters on the
websites of the enterprises and localities.
Article 52. Land for
hi-tech zones
1. The use term of land for implementing projects
on production and trading of hi-tech products; hi-tech research, development
and application and training of human resources in hi-tech zones must comply
with Articles 125 and 126 of the Land Law.
2. Land management responsibilities of hi-tech zone
management boards are prescribed as follows:
a/ To coordinate with organizations in charge of
compensation and ground clearance in providing compensation, support and
resettlement;
b/ To submit to provincial-level People’s
Committees for decision land use levy or land rental exemption and reduction
for each project;
c/ To recover the leased land from land users that
commit violations of the land law as prescribed at Points a, b, c, d, e, g and
i, Clause 1, Article 64 of the Land Law; or from land users that terminate land
use under law or voluntarily return land as prescribed at Points a, b, c and d,
Clause 1, Article 65 of the Land Law; to manage the recovered land areas
prescribed at this Point;
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dd/ To establish the order and administrative
procedures related to land in hi-tech zones;
e/ To send land allocation, land lease or land use
term extension decisions and extracts of cadastral maps or extracts of
cadastral measurements of land areas to the land registration office for
registration in the cadastral records and updating of the land database, and
submit dossiers to competent agencies for grant of certificates of land use
rights and ownership of houses and other land-attached assets.
3. Inspection, and settlement of land-related
complaints, denunciations and disputes in hi-tech zones must comply with the
laws on complaints, denunciations and land.
4. For hi-tech zones established and allocated land
under decisions of provincial-level People’s Committees before July 1, 2014,
the land management and use must comply with the following provisions:
a/ Hi-tech zone management boards shall comply with
Points a, c, d, dd and e, Clause 2, of this Article; and may continue
implementing the approved construction master plans;
b/ Hi-tech zone management boards may decide on
land rental rates provided that the land price used for land rental calculation
is not lower than the land price in the land price table prescribed by the
provincial-level People’s Committee; and decide on land rental exemption and
reduction for each project according to the Government’s regulations.
Article 53. Land for
economic zones
1. Land management responsibilities of economic
zone management boards are prescribed as follows:
a/ To coordinate with organizations in charge of
compensation and ground clearance in providing compensation, support and
resettlement;
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c/ To recover the re-allocated or leased land from
land users that commit violations of the land law as prescribed at Points a, b,
c, d, e, g and i, Clause 1, Article 64 of the Land Law; or from land users that
terminate land use under law or voluntarily return land as prescribed at Points
a, b, c and d, Clause 1, Article 65 of the Land Law; to manage the recovered
land areas prescribed at this Point;
d/ To establish the order and administrative
procedures related to land in economic zones;
e/ To send land allocation, land lease or land use
term extension decisions and extracts of cadastral maps or extracts of
cadastral measurements of the land area to the land registration office for
registration in the cadastral records and updating of the land database, and
submit dossiers to competent agencies for grant of certificates of land use
rights and ownership of houses and other land-attached assets.
2. Inspection and settlement of land-related
complaints, denunciations and disputes in economic zones must comply with the
laws on complaints, denunciations and land.
3. The management and use of other land outside the
functional areas of economic zones and other tasks related to the management of
land in economic zones shall be performed by administrative agencies at all
levels in accordance with the land law.
Article 54. Land for
implementation of build-transfer (BT) and build-operate-transfer (BOT) projects
1. The State shall allocate land areas to investors
for implementing BT projects; investors are not required to pay land use levy
or land rental during the construction of facilities under approved projects
and shall preserve the land areas allocated to them for management and use
strictly according to the purposes indicated in the projects.
The transfer of facilities and land areas under
these projects shall be conducted within the time limit written in approved
investment projects or the extended time limit for transfer as permitted by
competent state agencies. Past the time limit for transfer, if the investors
fail to transfer, they shall lease land from the State, with the time of land
lease starting from the end of the time of construction of facilities under the
approved projects.
2. The State shall allocate or lease land to
investors for implementation of BOT projects; investors are entitled to
exemption from or reduction of land use levy or land rental under the
Government’s regulations.
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Article 55. Land for civil
airports and airfields
1. Based on approved detailed master plans on
airports and airfields, the Ministry of Transport shall assume the prime
responsibility for, and coordinate with the Ministry of National Defense in,
directing the determination of boundaries of areas exclusively used for civil
activities and areas commonly used for civil and military activities under
civil management.
2. Land used for the purposes specified at Points a
and b, Clause 1, Article 156 of the Land Law shall be allocated for a stable
and long term; land used for the purposes specified at Points c and d, Clause
1, Article 156 of the Land Law shall be leased for a term not exceeding 50
years. Upon the expiration of the land lease term, the current users may be
considered for extension of the land lease term if they wish to continue using
land.
3. Provincial-level People’s Committees shall
decide on rent rates for land in airports and airfields in accordance with the
land law.
4. For land areas allocated by provincial-level
People’s Committees, airport authorities shall:
a/ Manage and use land properly and effectively;
b/ Examine the use of land and the fulfillment of
land-related financial obligations by organizations and individuals that are
allocated or leased land by the airport authorities;
c/ Decide to recover land from those that are
allocated land by the airport authorities that fall in the cases specified at
Points a, b, e, g and i, Clause 1, Article 64, and Points a, b, c and d, Clause
1, Article 65, of the Land Law. Decide to terminate land lease contracts with
those breaching the contracts.
5. Inspection and settlement of complaints,
denunciations and disputes related to land of airports and airfields must
comply with the laws on complaints, denunciations and land.
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Article 56. Land for
construction of public facilities with safety protection corridors
1. For land for safety protection corridors of
public facilities under decisions of competent state agencies while such
facilities do not use surface land, land shall be leased only during the
construction of the facilities.
2. Pursuant to competent state agencies’
regulations on the scope of safety protection corridors of facilities,
organizations directly managing facilities with safety protection corridors
shall assume the prime responsibility for, and coordinate with People’s
Committees of localities where the facilities are built in, drawing plans on
placement of boundary landmarks to specifically determine safety protection
corridors and submit such plans to provincial-level People’s Committees of
localities where the facilities are built, for approval; and at the same time,
to notify People’s Committees at all levels of localities where the facilities
are built, for coordination in the protection of their safety corridors.
3. Within 30 working days after having plans on
placement of boundary landmarks to specifically determine safety protection
corridors approved by provincial-level People’s Committees, organizations
directly managing facilities with safety protection corridors shall assume the
prime responsibility for, and coordinate with district-level People’s
Committees and commune-level People’s Committees of localities where the
facilities are built in, publicizing boundary landmarks of facilities
protection corridors and place boundary landmarks in the field, then deliver
such boundary landmarks to commune-level People’s Committees of localities
where the facilities are built, for management.
4. Organizations directly managing facilities with
safety protection corridors shall assume the prime responsibility for, and
coordinate with commune-level People’s Committees and district-level Natural
Resources and Environment Divisions of localities where the facilities are
built in, reviewing the land use status within their safety protection
corridors in order to propose handling measures to competent state agencies
according to the following provisions:
a/ In case the use of land affects the safety
protection of facilities or in case the operation of facilities directly
affects the life or health of land users, agencies in charge of state
management of such facilities shall appraise the level of impacts, and, if land
recovery is needed, propose competent People’s Committees to decide on recovery
of such land. Persons having land recovered are entitled to compensation and
support for land and land-attached assets which already exist before the
facilities’ safety corridors are publicized, and to resettlement in accordance
with law.
In case the use of land affects the safety
protection of facilities, their owners and land users shall take remedies.
Facility owners shall take responsibility for such remedy; if they are unable
to take remedies, the State shall recover land and persons having land
recovered are entitled to compensation, support and resettlement in accordance
with law;
b/ In the cases of land use not specified at Point
a of this Clause, current users of land within facility safety protection
corridors may continue using such land according to the set purposes and shall
comply with regulations on facilities safety protection;
c/ Certificates of land use rights and ownership of
houses and other land-attached assets shall be granted for land within facility
safety protection corridors in case the conditions for grant of such
certificates are fully met in accordance with the Land Law, unless land recovery
notices of decisions have been issued.
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5. Agencies and organizations directly managing facilities
with safety protection corridors shall take main responsibility for the safety
protection of the facilities. In case the safety protection corridors are
encroached, occupied or illegally used, they shall promptly report the case to
commune-level People’s Committees of localities where exist such corridors, for
handling.
6. Chairpersons of People’s Committees at all
levels of localities where facilities with safety protection corridors are
located shall:
a/ Detect and promptly handle cases of encroaching
upon, occupying or illegally using land areas within the safety protection
corridors; promptly stop the illegal building of facilities on the land of the
safety protection corridors; and force violators to restore the original status
of land;
b/ Coordinate with agencies or organizations
directly managing the facilities in disseminating regulations on safety
protection of facilities and in publicizing boundary landmarks of the
facilities’ safety protection corridors;
c/ Chairpersons of People’s Committees at all
levels shall take joint responsibility for the cases of encroaching upon,
occupying or illegally using land areas within the safety protection corridors
of facilities in their localities in accordance with law.
7. The temporary use of land for construction of
public facilities with safety protection corridors shall be agreed upon by
construction units and land users in accordance with the civil law.
Article 57. Use of land
for construction of underground facilities
Based on land use master
plans and plans, master plans on space for urban underground construction and
other relevant master plans approved by competent state agencies, provincial-
level People’s Committees shall decide to allocate or lease land for the
construction of underground facilities according to the following provisions:
1. Economic
organizations, overseas Vietnamese and foreign-invested enterprises may be
leased land by the State with annual land use levy or full one-off rental
payment for the entire lease term if they use land to construct underground
facilities for commercial purposes.
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3. The use of land for
the construction of underground facilities in the form of BT or BOT projects
must comply with Article 54 of this Decree.
Section 4. MANAGEMENT OF UNUSED
LAND AND PUTTING OF UNUSED LAND TO USE
Article 58. Management of
unused land
1. Unused land includes unused flatland, unused
hilly and mountainous land and rocky mountains with no forests.
2. Annually, commune-level People’s Committees
shall report on the management and exploitation of unused land areas to district-level
People’s Committees.
Article 59. Measures to
put unused land to use under approved land use plans
1. The State shall adopt policies on infrastructure
investment in border, island, deep- lying, remote and highland areas, areas
having much land but sparsely inhabited, and areas with difficult natural
conditions in order to put unused land to use; and to exempt or reduce land use
levy or land rental for cases of allocation or lease of unused land for use.
2. Provincial-level People’s Committees shall use
revenues collected from the change of land under wet rice cultivation into land
used for other purposes and other lawful funding sources for the reclamation,
rehabilitation and use of unused land.
Chapter
VII
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Section 1. GENERAL PROVISIONS
Article 60. Dossier
submission and notification of results of implementation of land- related
administrative procedures
1. Agencies receiving dossiers and notifying
results of settlement of procedures for land allocation, land lease and change
of land use purpose are prescribed as follows:
a/ Provincial-level Natural Resources and
Environment Departments shall receive dossiers and notify results for the cases
prescribed in Clause 1, Article 59 of the Land Law;
b/ District-level Natural Resources and Environment
Divisions shall receive dossiers and notify results for the cases prescribed in
Clause 2, Article 59 of the Land Law.
2. Agencies receiving dossiers and notifying
results of settlement of procedures for registration of land and other
land-attached assets; granting, renewing and re-granting certificates are land
registration offices. In localities where land registration offices have not
been established, provincial-level land use rights registration offices shall
receive dossiers from organizations, religious institutions and overseas
Vietnamese implementing investment projects, foreign organizations and
individuals and foreign-invested enterprises; district- level land use rights
registration offices shall receive dossiers from households, individuals,
communities and overseas Vietnamese entitled to own houses associated with
residential land use rights in Vietnam.
For households, individuals or communities wishing
to submit dossiers to commune- level People’s Committees, commune-level
People’s Committees of localities where the land is located shall receive
dossiers and notify results. In case of registration of changes in land and
land-attached assets; and grant and re-grant of certificates, within 3 working
days after receiving a complete dossier, a commune-level People’s Committee
shall forward that dossier to the land registration office.
3. Localities that have organized the one-stop-shop
section for receiving dossiers and notifying results of implementation of
administrative procedures according to the Government’s regulations, the
agencies specified in Clauses 1 and 2 of this Article shall receive dossiers
and notify results through the one-stop-shop section under decisions of
provincial-level People’s Committees.
4. Hi-tech zone and economic zone management
boards; and airport authorities are focal points for receiving dossiers and
notifying results of implementation of land-related administrative procedures
in hi-tech zones, economic zones, airports and airfields.
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a/ Results of settlement of administrative
procedures shall be notified to land users and owners of land-attached assets
within 3 working days after those results are available, except the case
prescribed at Point b of this Clause;
b/ In case financial obligations related to
administrative procedures shall be fulfilled, certificates of land use rights
and ownership of houses and land-attached assets shall be handed over after
land users and owners of land-attached assets submit documents on fulfillment
of financial obligations under regulations. In case of land lease with annual
rental payment, results shall be notified after land users have signed land
lease contracts. In case of exemption from financial obligations related to
administrative procedures, results shall be notified after receipt of a
competent agency’s written certification of such exemption;
c/ For a dossier ineligible for settlement, the
dossier-receiving agency shall return it and clearly notify the reason for its
ineligibility.
Article 61. Time limit for
implementation of land-related administrative procedures
1. The time limits for implementation of procedures
for land allocation, land lease and change of land use purpose are prescribed
as follows:
a/ Land allocation or lease: 20 days excluding the
time for ground clearance;
b/ Change of land use purpose: 15 days.
2. The time limits for implementation of procedures
for registration of land and land- attached assets; and grant and re-grant of
certificates are prescribed as follows:
a/ Registration of land and land-attached assets,
grant of certificates of land use rights and ownership of houses and other
land-attached assets: 30 days;
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c/ Registration and grant of supplemented
certificates of land use rights and ownership of houses and other land-attached
assets for land-attached assets: 20 days;
d/ Registration of changes in land and
land-attached assets in case of winning auctions of land use rights; settlement
of land-related disputes, complaints or denunciations; handling of mortgage or
capital contribution contracts; distraint or auction of land use rights and
land-attached assets for judgment enforcement; division, split, consolidation
or merger of organizations, company transformation; agreement on consolidation
or division of land use rights and ownership of land-attached assets of
households, husband and wife or groups of land users: 15 days;
dd/ Split or consolidation of land parcels;
registration of land allocated by the State for management: 20 days;
e/ Extension of land use term: 15 days;
g/ Certification of continued use of agricultural
land by households or individuals upon expiration of land use term: 10 days;
h/ Registration of establishment, change or
termination of limited use rights on the adjacent land parcel: 10 days;
i/ Registration of changes as a result of change of
names of land users or owners of land- attached assets or change of shape,
size, area, number or address of land parcels or change of limitations on land
use rights or change in financial obligations or change in land-attached assets
compared with registered contents: 15 days;
k/ Shift from land lease with annual rental payment
to lease with full one-off rental payment; from allocation of land by the State
without land use levy to land lease; from land lease to allocation of land with
land use levy: 30 days;
l/ Exchange, transfer, inheritance, donation and
registration of contribution of land use rights and ownership of land-attached
assets as capital: 10 days;
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n/ Registration, deregistration of mortgage, lease
or sub-lease of land use rights: 3 working days;
o/ Transformation of land use rights and ownership
of land-attached assets of husband or wife into common ownership of both
husband and wife: 10 days;
p/ Renewal of certificates, certificates of house
ownership or certificates of construction facility ownership: 10 days; in case
of renewal of certificates for many land users due to redrawing of maps: 50
days;
q/ Re-grant of certificates, certificates of house
ownership or certificates of construction facility ownership due to loss: 30
days.
3. The time limit for implementation of procedures
for conciliation and settlement of land-related disputes is prescribed as
follows:
a /Conciliation of land-related disputes: 45 days;
b/ Settlement of land-related disputes within the
competence of chairpersons of district- level People’s Committees: 45 days;
c/ Settlement of land-related disputes under the
competence of chairpersons of provincial- level People’s Committees: 60 days;
d/ Settlement of land-related disputes within the
competence of the Minister of Natural Resources and Environment: 90 days;
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4. The time limit prescribed in Clause 1, 2 or 3 of
this Article shall be counted from the date of receipt of valid dossiers and
exclude the time for fulfillment of financial obligations of land users, for
consideration and handling of cases of unlawful land use and for solicitation
of expert opinions.
Within 3 days after receiving an incomplete or
invalid dossier, the dossier-receiving and -processing agency shall notify and
guide the person submitting the dossier to supplement the dossier under
regulations.
For communes in mountainous, island, deep-lying and
remote areas and areas with difficult socio-economic conditions, the time limit
for implementation of each procedure prescribed in this Article shall be
extended for 15 days.
Article 62.
Responsibilities for prescribing dossiers, implementation time and order and
land-related administrative procedures
1. The Ministry of Natural Resources and
Environment shall specify the form and components of the dossier for implementation
of land-related administrative procedures prescribed in this Decree.
2. Provincial-level People’s Committees shall
specify agencies receiving and settling procedures; time and steps for
implementation of procedures of each related agency or unit and coordinated
settlement between related agencies under the one-stop-shop mechanism suitable
to local practical conditions, which, however, must not exceed the total time
limit prescribed for each procedure under this Decree.
Article 63. Determination of
financial obligations of land users in implementation of administrative
procedures for land management and use
1. Land use levy, land rental, land-related taxes
and registration fee (below referred to as financial obligations) shall be
determined by tax agencies. Provincial-level Natural Resources and Environment
Departments, district-level Natural Resources and Environment Divisions or land
registration offices shall provide cadastral information for tax agencies in
cases of eligibility and subject to financial obligations under regulations.
Land prices for calculation of financial
obligations shall be determined by provincial-level Natural Resources and
Environment Departments; or by tax agencies, in case of application of the land
price adjustment coefficient for determination of specific land prices.
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Competent agencies shall sign certificates of land
use rights and ownership of houses and other land-attached assets, for land
users and owners of land-attached assets exempted from, or entitled to owe,
financial obligations, those subject to financial obligations and having
fulfilled these obligations, and those having obtained decisions on exemption
from financial obligations in accordance with law.
3. Dossier-receiving agencies shall determine
amounts of charges and fees related to land management and use, except the
registration fee prescribed in Clause 1 of this Article, to be paid by land
users upon implementation of administrative procedures for land management and
use; and notify and guide land users to pay them in accordance with law.
Article 64. Contracts and transaction
documents on land use rights and ownership of land-attached assets
1. Contracts and transaction documents on land use
rights and ownership of land-attached assets of households shall be signed by
the persons named in the certificates or authorized in accordance with the
civil law.
2. Contracts and transaction documents on land use
rights and ownership of land-attached assets of groups of land users or groups
of owners of land-attached assets shall be signed by all group members or enclosed
with authorization documents in accordance with the civil law, except the case
of apartment owners sharing the use of a land parcel in an apartment building.
Section 2. ORDER OF AND
PROCEDURES FOR LAND RECOVERY, REQUISITION, ALLOCATION AND LEASE AND CHANGE OF
LAND USE PURPOSE
Article 65. Order and
procedures for land recovery due to lawful termination of land use, voluntary
return of land and the risk of threatening human life
1. The order of and procedures for land recovery
due to lawful termination of land use or voluntary return of land are
prescribed as follows:
a/ Organizations that are allocated land by the
State without land use levy, allocated land by the State with land use levy
which is paid from state budget-originated sources, or leased land with annual
rental payment and move to other places or have lower demand or no longer have
demand for land use; and land users that voluntarily return land shall send
land return notices or documents and certificates of land use rights and
ownership of houses and other land-attached assets to natural resources and
environment agencies;
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c/ For recovery of land of individual land users
who die without heirs, commune-level People’s Committees of places of residence
of these individual land users shall send death certificates or decisions
declaring the death of such a person in accordance with law and their written
certifications of persons who die without heirs to district-level Natural
Resources and Environment Divisions of localities where land is recovered;
d/ For cases of definite land use term, natural
resources and environment agencies shall annually review and issue notices of
those ineligible for extension of land use term;
dd/ Natural resources and environment agencies
shall conduct field inspection and verification when necessary; propose
People’s Committees of the same level to decide on land recovery; organize land
recovery in the field and handover to land fund development organizations or
commune-level People’s Committees for management; direct the updating and
modification of the land database and cadastral records and revoke certificates
or notify the cancellation of certificates in case of failure to revoke
certificates.
2. The order and procedures for recovery of land in
polluted areas at risk of threatening human life; land at risk of landslide or
land subsidence or being affected by other natural disasters threatening human
life are prescribed as follows:
a/ District- or provincial-level People’s
Committees shall assign competent agencies to examine and determine the level
of environmental pollution, landslide, land subsidence or impacts of other
natural disasters threatening human life;
b/ After competent agencies issuing documents
determining the level of environmental pollution, landslide, land subsidence or
impacts of other natural disasters threatening human life, due to which land
shall be recovered, natural resources and environment agencies shall perform
the jobs prescribed at Point dd, Clause 1 of this Article;
c/ Competent agencies shall arrange temporary
residences and provide resettlement for persons subject to coerced relocation,
for land recovery cases prescribed at Points dd and e, Clause 1, Article 65 of
the Land Law.
3. Coercion of land recovery due to lawful
termination of land use or the risk of threatening human life:
a/ Coercion of land recovery must adhere to the principles
prescribed in Clause 1, Article 70 of the Land Law;
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c/ When persons subject to land recovery fail to
implement land recovery decisions after being mobilized and persuaded, natural
resources and environment agencies shall propose People’s Committees that have
issued land recovery decisions to issue decisions on coercive enforcement of
land recovery decisions;
d/ Assigned coercion organizations shall make
coercion plans and submit them to People’s Committees having issued coercion
decisions for approval;
dd/ Assigned coercion organizations shall mobilize
and persuade coerced persons to voluntarily hand over land;
e/ People’s Committees having issued coercion
decisions shall organize forces to coerce coercion decisions for coerced
persons or organizations failing to implement coerce decisions after being
mobilized and persuaded under Point dd of this Clause.
4. Natural resources and environment agencies shall
direct the updating and modification of the land database and cadastral
records; revocation of certificates or notification of the invalidity of
certificates for land users failing to return certificates.
5. Settlement of complaints about land recovery
decisions lodged by persons subject to land recovery must comply with the law
on settlement of complaints.
Article 66. Order and
procedures for land recovery due to violation of law
1. For land recovery due to violation of law, when
the statute of limitations for sanctioning administrative violations expires
under the law on handling of administrative violations, competent sanctioning
persons shall make records of administrative violations as a basis for land
recovery.
When land-related violations of law are not subject
to sanctioning of administrative violations under the law on sanctioning of
administrative violations in the field of land, records of the violations must
be made in the witness of representatives of commune-level People’s Committees
as a basis for deciding on land recovery according to the following provisions:
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b/ Within 7 working days after making a record, the
person assigned to conduct examination or inspection shall send this record to
the competent land recovery agency for direction for land recovery.
2. Natural resources and environment agencies shall
conduct field inspection and verification when necessary and propose People’s
Committees of the same level to decide on land recovery.
3. Competent People’s Committees shall:
a/ Notify the land recovery to land users and publish
it on the websites of provincial- level and district-level People’s Committees;
b/ Direct the handling of the residual value of the
investments on land or land-attached assets (if any) in accordance with law;
c/ Organize the coercive enforcement of land
recovery decisions under Clause 3, Article 65 of this Decree;
d/ Arrange funds for the coercion of land recovery.
4. Natural resources and environment agencies shall
direct the updating and modification of the land database and cadastral
records; and revocation of certificates or notification of invalidity of
certificates for land users failing to return certificates.
Article 67. Detailed
provisions on order and procedures for land requisition
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a/ Full name, position and working place of the
person deciding on land requisition;
b/ Name and address and the person subject to land
requisition or the person currently managing and using land to be requisitioned;
c/ Name and address of the organization or person
to be allocated the requisitioned land;
d/ Purpose and term of land requisition;
dd/ Position, area, type of land and assets
attached to land to be requisitioned;
e/ Time for handover of requisitioned land.
2. The return of requisitioned land to land users
after the land requisition term must comply with the following provisions:
a/ The person competent to decide on land
requisition shall issue a decision on return of requisitioned land and send it
to the person having the requisitioned land;
b/ If the person having the requisitioned land
voluntarily donates land to the State, procedures for donation of land use
rights shall be carried out in accordance with law.
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a/ The chairperson of the district-level People’s
Committee of the locality where the requisitioned land is located shall
determine the level of compensation for damage caused by land requisition,
except the case prescribed at Point b of this Clause;
b/ The chairperson of the provincial-level People’s
Committee of the locality where the requisitioned land is located shall
determine the level of compensation for damage caused by land requisition in
case the requisitioned land is within the administrative boundaries of
different district-level administrative units.
4. A council for determination of level of
compensation for damage caused by land requisition shall be composed of:
a/ The chairperson or a vice chairperson of the
People’s Committee as its head;
b/ Members from the natural resources and
environment and finance agencies and other related members;
c/ Representative of the agency of the person
competent to issue the land requisition decision;
d/ Representatives of the district-level People’s
Court and People’s Procuracy of the locality where the land is located;
dd/ Members being representatives of the
commune-level Vietnam Fatherland Front;
e/ Representative of the person having the
requisitioned land.
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1. The order and procedures for appraisal of land
use demand and appraisal of conditions for land allocation, land lease and
permission for change of land use purpose are prescribed as follows:
a/ The requester for land allocation, land lease or
change of land use purpose shall submit a dossier for appraisal to the natural
resources and environment agency.
Investment projects in which investment has been
decided by the National Assembly or approved in principle by the Prime Minister
are not required to go through appraisal procedures prescribed in this Clause;
b/ Within 30 days after receiving a complete and
valid dossier, the natural resources and environment agency shall send an
appraisal document to the investor for compilation of a dossier of request for
land allocation, land rent or change of land use purpose.
The time limit prescribed at this Point excludes
the time for implementation of procedures for permission for change of use
purpose of land for rice cultivation, land for protection forest or land for
special-use forests for implementation of investment projects prescribed in
Clause 2 of this Article;
c/ The Ministry of Natural Resources and
Environment shall specify the appraisal of land use demand and conditions for
land allocation, land lease or change of land use purpose.
2. The order and procedures for permission for
change of use purpose of land for rice cultivation, land for protection forests
or special-use forests for implementation of investment projects are prescribed
as follows:
a/ Natural resources and environment agencies shall
summarize demands for change of use purpose of land for rice cultivation, land
for special-use forests or land for protection forests for implementation of
investment projects in localities and submit them to People’s Committees of the
same level for reporting to superior People’s Committees or the Ministry of
Natural Resources and Environment;
b/ Within 10 working days after receiving a
complete and valid dossier, the provincial- level People’s Committee shall
assume the prime responsibility for appraising the dossier and submit it to the
provincial-level People’s Council for approval before a competent People’s
Committee decides on the change of land use purpose. The Ministry of Natural Resources
and Environment shall assume the prime responsibility for, and coordinate with
the Ministry of Agriculture and Rural Development in, conducting the appraisal
and shall propose the Prime Minister to approve the change of land use purpose
before a competent People’s Committee decides on such change;
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3. The order and procedures for land allocation and
land lease not through auction of land use rights are prescribed as follows:
a/ The natural resources and environment agency
shall guide the investor in compiling a dossier of request for land allocation
or land lease and fulfilling financial obligations as prescribed by law; and
propose a competent People’s Committee to decide on the land allocation or land
lease; and sign a land lease contract, in case of land lease;
b/ The person that is allocated or leased land
shall pay land use levy in case of land allocation with land use levy, or pay
land rental in case of land lease;
c/ The natural resources and environment agency
shall propose a competent state agency to grant a certificate of land use
rights and ownership of houses and other land-attached assets; organize land
allocation in the field; hand over the certificate to the person that is
allocated or leased land; and direct the updating and modification of the land
database and cadastral records.
4. For land allocation and land lease not through
auction of land use rights for project implementation prescribed in Articles 61
and 62 of the Land Law, some preparation steps for land allocation or land
lease concurrently carried out together with the order and procedures for land
recovery are prescribed as follows:
a/ During the implementation of the plan on land
recovery, investigation, survey, measurement and inventory, the investor may
conduct survey and measurement for elaboration of an investment project in
accordance with the investment law and construction law. The competent agency
shall carry out procedures for appraisal of the investor’s land use demand and
conditions for land allocation or land lease;
b/ During implementation of the approved
compensation, support and resettlement plan, the investor may submit a dossier
of request for land allocation or land lease without having to wait until the
ground clearance is completed.
5. For land allocation and lease through auction of
land use rights, the order and procedures for allocation and lease of land with
cleared ground are prescribed as follows:
a/ Based on the district-level annual land use plan
approved by a competent state agency, the natural resources and environment
agency shall direct the elaboration of a land use right auction plan for
submission to the People’s Committee of the same level for approval;
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c/ The competent People’s Committee shall issue a
decision recognizing the auction winning result;
d/ After the auction winner fulfills financial
obligations, the natural resources and environment agency shall propose a
competent agency to grant a certificate and sign a land lease contract, in case
of land lease; organize the handover of land in the field and deliver the
certificate; and direct the updating and modification of the land database and
cadastral records.
When an auction winner fails to fully pay the
required amount, the natural resources and environment agency shall propose the
competent People’s Committee to cancel the decision recognizing the auction
winning result.
6. The Ministry of Natural Resources and
Environment shall assume the prime responsibility for, and coordinate with the
Ministry of Justice in, organizing auctions of land use rights upon land
allocation or lease by the State.
Article 69. Order and procedures
for permission for change of land use purpose
1. A land user shall submit a written request for
change of land use purpose together with the certificate to the natural
resources and environment agency.
2. The natural resources and environment agency
shall appraise the dossier; conduct field verification and appraise the demand
for change of land use purpose; guide the land user in fulfilling financial
obligations in accordance with law; propose the competent People’s Committee to
permit the change of land use purpose; and direct the updating and modification
of the land database and cadastral records.
An investor that acquires land use rights from a
current land user for implementation of an investment project shall carry out
procedures for transfer of land use rights concurrently with procedures for
permission for change of land use purpose.
3. The land user shall fulfill financial
obligations under regulations.
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Article 70. Order and
procedures for registration of land and land-attached assets and grant of
certificates of land use rights and ownership of houses and land-attached
assets for the first time and additional registration of land-attached assets
1. A land user shall submit a set of dossier under
regulations for carrying out registration procedures.
2. When a household, an individual, a community or an
overseas Vietnamese entitled to own houses in Vietnam requests registration of
land and land-attached assets or grant of a certificate of land use rights and
ownership of houses and other land-attached assets, the commune-level People’s
Committee shall examine the dossier and perform the following jobs:
a/ For land registration, certifying the current
land use status as compared with declared registration contents. In case the
papers specified in Article 100 of the Land Law and Article 18 of this Decree are
not available, certifying the origin and the time of land use, state of land
use-related dispute and conformity with planning.
For registration of land-attached assets,
certifying the current state of land-attached assets as compared with declared
registration contents. In case the papers specified in Articles 31, 32, 33 and
34 of this Decree are not available, certifying the status of dispute over the
asset ownership; for houses and construction facilities, certifying the time of
creation of assets, case subject or not subject to construction licensing and
conformity with approved planning; certifying plans of houses or construction
facilities in case of unavailability of certification by a legal entity engaged
in construction or map survey operations;
b/ In case of unavailability of cadastral maps,
before performing the jobs specified at Point a of this Clause, notifying the
land registration office to conduct cadastral measurement of the land parcel or
examine the cadastral measurement document of the land parcel submitted by the
land user (if any);
c/ Publicly posting up for 15 days the results of
dossier examination, certification of current land use status and state of
dispute, origin and use time of land at its office and in the residential area
where the land and land-attached assets are located; considering and settling
feedback on the publicized contents, and sending the dossier to the land
registration office.
3. The land registration office shall perform the
following jobs:
a/ For households, individuals and communities
submitting dossiers to the land registration office, sending the dossiers to
the commune-level People’s Committee for certification and publication of
results under Clause 2 of this Article;
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c/ Examining and certifying plans of land-attached
assets which have not been certified by legal entities engaged in construction
or map survey operations, for domestic organizations, religious institutions,
foreign organizations and individuals and overseas Vietnamese implementing
investment projects;
d/ Examining registration dossiers; conducting
field verification when necessary; certifying in the written requests the
eligibility or ineligibility for grant of certificates of land use rights and
ownership of houses and other land-attached assets;
dd/ In case owners of land-attached assets do not
have the papers, or the current status of assets has changed as compared with
the papers, specified in Articles 31, 32, 33 and 34 of this Decree, sending
written requests for opinions of state management agencies about those assets,
which shall issue written replies to the land registration office within 5
working days;
e/ Updating information on land parcels and
land-attached assets, registering in the cadastral records and land database
(if any);
g / For land users applying for certificates of
land use rights and ownership of houses and other land-attached assets, sending
cadastral information to the tax agency for determination and notification of
financial obligations, except cases not subject to financial obligations or
entitled to owe financial obligations as prescribed by law; preparing dossiers
for the natural resources and environment agency to submit for signing
certificates of land use rights and ownership of houses and other land-attached
assets; additionally updating the grant of certificates of land use rights and
ownership of houses and other land-attached assets to the cadastral records and
land database; handing over certificates of land use rights and ownership of
houses and other land-attached assets to the persons concerned or sending these
certificates to the commune-level People’s Committee for handover to the
persons concerned, if dossiers are submitted at the commune level.
4. The natural resources and environment agency
shall perform the following jobs:
a/ Examining dossiers and proposing a competent
agency to grant certificates of land use rights and ownership of houses and
other land-attached assets;
In case of land lease, proposing a competent
People’s Committee to sign land lease decisions; signing land lease contracts
and proposing a competent agency to grant certificates of land use rights and
ownership of houses and other land-attached assets after land users have
fulfilled financial obligations in accordance with law.
b/ Sending processed dossiers to the land
registration office.
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Article 71. Order and
procedures for land registration for those that are allocated land by the State
for management
1. Person that are currently allocated land by the
State for management under Article 8 of the Land Law and have not registered
such land shall send 1 set of land registration dossier. The land registration
office shall examine the current land use status and update information in the
cadastral records and land database.
2. In case competent state agencies allocate land
for management, based on decisions on land allocation for management, the land
registration office shall update information in the cadastral records and land
database.
Article 72. Order and
procedures for registration and grant of certificates of land use rights and
ownership of houses and other land-attached assets to acquirers of land use
rights and buyers of houses and construction facilities under housing
development projects
1. After completing a work, the housing development
project investor shall send to the provincial-level Natural Resources and
Environment Department the following documents:
a/ Project approval decision, investment decision,
investment license or investment certificate;
b/ Decision approving the detailed construction
master plan on a 1:500 scale; construction license (if any);
c/ Certificate or decision on land allocation or lease
of a competent agency; documents proving the housing development project
investor’s fulfillment of financial obligations (except cases entitled to
exemption or owing as prescribed by law);
d/ Plans of built houses and land which are
as-built drawings of the ground or design drawings of the ground with sizes of
edges of each sold apartment in conformity with the current construction status
and signed contract; list of apartments and construction facilities for sale
(with information on apartment number, land area, construction area and common
use area and area of each apartment); for an apartment building, the plan must
show the scope (size and area) of the land for common use of apartment owners,
construction ground of the apartment building and grounds of each floor and
each apartment;
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2. Within 30 days after receiving a dossier, the
provincial-level Natural Resources and Environment Department shall examine the
current land use status and built houses and construction facilities and
conditions for transfer of land use rights and sale of houses of the project
investor.
After completing the examination, the
provincial-level Natural Resources and Environment Department shall send to the
project investor a notice of examination results; send the notice together with
the plan of examined houses and land to the land registration office for
implementing procedures for registration of houses and land for buyers, for cases
eligible as prescribed by law.
3. The housing project investor shall submit 1 set
of dossier for registration and grant of a certificate of land use rights and
ownership of houses and other land-attached assets on behalf of the acquirer of
land use rights and buyers of houses and construction facilities or provide
dossiers for buyers to make registration themselves. A dossier must comprise:
a/ Written request for registration of land and
land-attached assets and grant of a certificate of land use rights and
ownership of houses and other land-attached assets;
b/ Contract on transfer of land use rights, house
and construction facility purchase and sale as prescribed by law;
c/ Record of handover of houses, land and
construction facilities.
4. The land registration office shall perform the
following jobs:
a/ Examining legal documents in the dossier;
certifying the eligibility or ineligibility for grant of a certificate of land
use rights and ownership of houses and other land-attached assets in the
written request for registration;
b/ Sending cadastral information to the tax agency
for determination of financial obligations (if any);
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d/ Preparing a dossier for submission to a
competent agency for grant of a certificate of land use rights and ownership of
houses and other land-attached assets under Article 37 of this Decree;
dd/ Requesting the project investor to submit the
granted certificate of land use rights and ownership of houses and other
land-attached assets for modification of the cadastral records and land
database;
e/ Handing over the certificate of land use rights
and ownership of houses and other land-attached assets to the person concerned.
5. The provincial-level Natural Resources and
Environment Department shall report on project investors violating the laws on
land, construction and housing to the provincial-level People’s Committee for
handling in accordance with law.
Article 73. Order and
procedures for registration of establishment, change or termination of limited
use rights on adjacent land parcels
1. When arise, change or
terminate the limited use rights on the adjacent land parcel, one of the
parties shall submit a written request, the certificate (if any), the contract
or the judgment or decision of the people’s court to the land registration
office.
2. The land registration
office shall check and update in the cadastral records and land database and
write on the certificate if requested.
Article
74. Order and procedures for extension of
land use term; certification of continued use of agricultural land of
households and individuals upon expiration of the land use term
1. Organizations, overseas Vietnamese,
foreign-invested enterprises, households or individuals that use land outside
hi-tech zones or economic zones and do not fall into the cases prescribed in
Clauses 2 and 3 of this Article, if wishing to extend their land use term,
shall comply with the following provisions:
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In case the operation term of an investment project
is changed due to the adjustment of such project, the dossier of request for
extension of land use term shall be submitted after obtaining a document of a
competent agency on the adjustment of the investment project;
b/ The natural resources and environment agency
shall appraise the land use demand; if the conditions for extension are fully
met, it shall assign the land registration office to send cadastral information
to the tax agency for determining financial obligations; submit the dossier to
the People’s Committee of the same level for decision on the extension of land
use rights; sign a land lease contract, in case of land lease; and transfer the
dossier to the land registration office for registration.
In case the land use term extension requires
registration of the adjustment of the investment project, the appraisal of the
land use demand and the registration of the adjustment of the investment
project shall be conducted concurrently.
In case the operation term of an investment project
is changed due to the adjustment of its size, the land use term may be adjusted
according to the operation term of the project;
c/ If the land use term extension is permitted, the
land user shall submit the granted certificate and documents on fulfillment of
financial obligations to the natural resources and environment agency;
d/ The land registration office shall certify the
extension of the land use term in the granted certificate; adjust and update
the change in the cadastral records and land database; hand over the
certificate to the requester or send it to the commune-level People’s Committee
for handover, in case of submission of dossiers at commune level;
dd/ If the conditions for extension of land use
term are not fully met, the natural resources and environment agency shall
notify it to the land user concerned and carry out land recovery procedures
according to regulations.
2. Households and individuals directly engaged in
agricultural production that are using agricultural land allocated, or with
land use rights recognized, by the State, or acquired through transfer, may
continue to use such land according to the term prescribed in Clause 1, Article
126 and Clause 3, Article 210 of the Land Law upon the expiration of the land
use term without having to register the adjustment of the land use term.
3. A household or an individual specified in Clause
2 of this Article that wishes to have the land use term re-certified in the
certificate shall comply with the following order and procedures:
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b/ The commune-level People’s Committee of the
place where the land is located shall check the dossier and give certification
that the household or individual is directly using land for agricultural
production and there is no land recovery decision of a competent state agency,
and send the dossier to the land registration office;
c/ The land registration office shall check the
dossier; certify the duration for continued land use according to the term
prescribed in Clause 1, Article 126 and Clause 3, Article 210 of the Land Law
in the granted certificate; adjust and update the change in the cadastral
records and land database, and hand over the certificate to the land user or
send it to the commune-level People’s Committee for handover, in case of
submission of dossiers at commune level.
Article 75. Order and
procedures for land parcel division or consolidation
1. A land user shall submit a set of dossier of
request for land parcel division or consolidation.
2. The land registration office shall:
a/ Conduct cadastral surveys for land parcel
division;
b/ Make dossiers and submit them to a competent
agency for granting certificates of land use rights and ownership of houses and
other land-attached assets to the land users with regard to newly divided or
consolidated land parcels;
c/ Adjust and update the change in the cadastral
records and land database; hand over the certificates of land use rights and
ownership of houses and other land-attached assets to the land users concerned
or send them to the commune-level People’s Committees for handover, in case of
submission of dossiers at commune level.
3. In case a land parcel is divided due to the
transfer of the use rights on part of the land parcel or due to the settlement
of a dispute, complaint, denunciation or land auction, or due to the division
of the land-using household or group of land users; due to the handling of a
mortgage or capital contribution contract, distraint and auction of land use
rights for. enforcement of a judgment (below referred to as transfer of
rights), the land registration office shall:
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b/ Carry out the change registration procedures as
prescribed by this Decree for the part of land area on which rights are
transferred; at the same time certify the change in the granted certificate or
submit the case to an agency competent to grant the certificate of land use
rights and ownership of houses and other land-attached assets for the remaining
area of the land parcel on which rights are not transferred; adjust and update
the change in the cadastral records and land database; hand over the
certificate to the land user concerned or send it to the commune-level People’s
Committee for handover, in case of submission of dossiers at commune level.
4. In case a land parcel is divided due to the
recovery by the State of part of the land parcel, the natural resources and
environment agency shall direct the land registration office to perform the
following pursuant to the recovery decision of a competent state agency:
a/ Surveying and adjusting the cadastral map,
cadastral records and land database;
b/ Certifying the change in the granted certificate
and handing it over to the land user concerned or sending it to the
commune-level People’s Committee for handover, in case of submission of
dossiers at commune level.
Article
76. Renewal of certificates or
certificates of house ownership or certificates of ownership of construction
works
1. The renewal of granted certificates,
certificates of house ownership or certificates of ownership of construction
works shall be made in the following cases:
a/ Land users that wish to change certificates of
house ownership or certificates of ownership of construction works or certificates
granted before December 10, 2009, into certificates of land use rights and
ownership of houses and other land-attached assets;
b/ Granted certificates or certificates of house
ownership or certificates of ownership of construction works are smeared, blurry,
ragged or damaged;
c/ Consolidation and swap of land parcels,
re-survey and re-measurement of areas and sizes of land parcels;
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2. A land user shall submit 1 set of dossier of
request for certificate renewal.
3. The land registration office shall:
a/ Check the dossier and certify the reason for
certificate renewal in the written request;
b/ Make a dossier and submit it to a competent
agency for granting a certificate of land use rights and ownership of houses
and other land-attached assets;
c/ Adjust and update the change in the cadastral
records and land database; hand over the certificate of land use rights and
ownership of houses and other land-attached assets to the land user concerned
or send it to the commune-level People’s Committees for handover, in case of
submission of dossiers at commune level.
4. In case the certificate is renewed after
consolidation and swap of land parcels or survey and making of cadastral maps
but the granted certificate is currently mortgaged at a credit institution, the
land user shall submit a copy of the contract on mortgage of land use rights
and land-attached assets in replacement of the granted certificate in carrying
out the renewal procedures.
The land registration office shall notify the list
of cases of request for renewal of the certificate to the credit institution at
which land use rights and land-attached assets are mortgaged; and certify the
mortgage registration in the certificate of land use rights and ownership of
houses and other land-attached assets after it is signed and granted by a
competent agency.
5. The handover of certificates of land use rights
and ownership of houses and other land-attached assets in the cases of renewal
specified in Clause 4 of this Article shall be carried out by triple parties including
the land registration office, land user and credit institution under the
following provisions:
a/ The land user shall sign and receive the new
certificate from the land registration office and hand it over to the credit institution
being the mortgagee;
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Article
77. Re-grant of certificates, certificates
of house ownership or certificates of ownership of construction works due to
loss
1. Households, individuals or communities shall
declare to the commune-level People’s Committee of the locality where the land
is located the loss of their certificates, certificates of house ownership or
certificates of ownership of construction works. The commune-level People’s
Committee shall post up the loss at its office, except the loss due to a
natural disaster or fire.
Domestic organizations, religious institutions,
foreign organizations, foreigners or overseas Vietnamese shall announce the
loss of their certificates, certificates of house ownership or certificates of
ownership of construction works in the local mass media.
2. After 30 days from the date of posting up the
loss of the certificate at the office of the commune-level People’s Committee,
for households, individuals or communities, or from the date of the first
announcement in the local mass media, for domestic organizations, religious
institutions, foreign organizations, foreigners or overseas Vietnamese, the person
whose certificate is lost shall submit a dossier of request for re-grant of the
certificate.
3. The land registration office shall check the
dossier; the extract of the cadastral map or the extract of the cadastral
survey of the land parcel, in case the cadastral map is unavailable and a
cadastral survey of the land parcel has not yet been conducted; make a dossier
and submit it to a competent state agency defined in Article 37 of this Decree
for signing a decision to cancel the lost certificate and sign and re-grant the
certificate of land use rights and ownership of houses and other land-attached
assets; and adjust and update the change in the cadastral records and land
database; hand over the certificate to the land user concerned or send it to the
commune-level People’s Committees for handover, in case of submission of
dossiers at commune level.
Article
78. Order and procedures for exchanging
agricultural land use rights of households and individuals for consolidation
and swap of land parcels
1. Households or individuals using agricultural
land themselves shall reach agreement on the documents on exchanging
agricultural land use rights.
2. Commune-level People’s Committees shall make
plans on exchanging agricultural land use rights for the whole communes, wards
or townships (including the exchange schedule), and send them to district-level
Natural Resources and Environment Divisions.
3. District-level Natural Resources and Environment
Divisions shall verify the plans and submit them to district-level People’s
Committees for approval, which shall then direct commune-level People’s
Committees to organize the swap of agricultural land among households and
individuals according to the approved plans.
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5. Households and individuals using land shall
submit dossiers for renewal of certificates.
6. The land registration office shall:
a/ Check the dossiers and certify the change in the
written requests for renewal of certificate;
b/ Make dossiers and submit them to competent
agencies for granting certificates of land use rights and ownership of houses
and other land-attached assets to land users;
c/ Make or update and adjust the cadastral records
and land database; hand over certificates of land use rights and ownership of
houses and other land-attached assets to land users in communes, wards or
townships where the land is located.
For land users who mortgage land use rights at
credit institutions, the land registration office shall hand over the
certificates under Clause 5, Article 76 of this Decree.
Article 79. Order and
procedures for exchange, transfer, lease, sub-lease, inheritance, donation,
contribution as capital of land use rights and ownership of land-attached
assets; conversion of land use rights and ownership of land-attached assets of
husband or wife into common rights and ownership of husband and wife
1. A land user shall submit 1 dossier set for
exercise of rights of land users and owners of land-attached assets.
For exercising the rights of land users on part of
a land parcel, before submitting dossiers for exercise of rights of land users,
land users shall request the land registration office to measure and divide the
land area on which land users need to exercise their rights.
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a/ Send cadastral information to the tax agency for
determination and notification of financial obligations, in case financial
obligations must be fulfilled under regulations;
b/ Certify the change in the granted certificates
under regulations of the Ministry of Natural Resources and Environment.
In case a certificate of land use rights and
ownership of houses and other land-attached assets must be granted, it shall
make a dossier and submit it to a competent agency for granting such
certificate to the land user concerned;
c/ Adjust and update changes in the cadastral
records and land database; hand over the certificates to land users or to
commune-level People’s Committees for handover, in case of submission of
dossiers at commune level.
3. In case a land user donates land use rights for
the construction of public facilities, a document on donation of land use
rights must be made under regulations.
After the construction of public facilities on the
donated land is completed, the land registration office shall base itself on
the donation document already certified by the commune- level People’s
Committee and on the current land use status to survey and update the change in
the cadastral records and land database, and notify the land user to submit the
granted certificate for change certification. In case the land user donates the
whole land area under the granted certificate, the land registration office
shall withdraw the certificate for management.
4. In case the applicant for a certificate dies
before being handed over the certificate, the person who inherits land use
rights in accordance with the inheritance law shall additionally submit a paper
on inheritance as prescribed.
The land registration office shall certify the
inheritance in the granted certificate or make a dossier and submit it to a competent
agency for granting the certificate of land use rights and ownership of houses
and other land-attached assets to the heir under regulations of the Ministry of
Natural Resources and Environment. The heir shall perform financial obligations
for land use rights and land-attached assets in case the deceased has such
financial obligations as prescribed by law.
5. In case the users of land leased from the State
with annual rental payment sell or contribute as capital leased land-attached
assets, they shall comply with the following order and procedures:
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b/ After receiving the dossier of the sale or
contribution as capital of leased land- attached assets, the land registration
office shall make a dossier for the purchaser or recipient of contributed
capital being land-attached assets to lease the land;
c/ The natural resources and environment agency
shall verify the dossier and submit it to the People’s Committee of a competent
level to decide on the recovery of the land from the seller or contributor of
land-attached assets as capital to the purchaser or recipient for lease; sign a
land lease contract with the purchaser or recipient; and notify the tax agency
of the invalidity of the land lease contract signed with the asset seller or
contributor;
d/ The land registration office shall send the land
lease contract to the purchaser or recipient of assets contributed as capital;
adjust and update the change in the cadastral records and land database; and
hand over the certificate to the grantee;
dd/ In case of purchase and sale or contribution as
capital of assets attached to part of a leased land parcel, the land users
shall carry out the procedures for division of the land parcel before carrying
out land lease procedures prescribed in this Clause.
Article
80. Order and procedures for
deregistration of lease, sub-lease or contribution as capital of land use
rights and ownership of land-attached assets
1. One or all of the parties to the contract on
lease, sublease or contribution as capital of land use rights and ownership of
land-attached assets shall submit a dossier set for deregistration of lease,
sub-lease or contribution as capital of land use rights and ownership
land-attached assets.
2. The land registration office shall check the
dossier; if seeing that the dossier is valid, it shall:
a/ Certify the deregistration of the lease,
sub-lease or contribution as capital of land use rights and ownership of land-attached
assets in the certificate under regulations and handing over it to the lessor,
sub-lessor or contributor. In case of leasing or subleasing land in an
industrial park or of contributing as capital land use rights in which the
certificates have been granted to the lessees, sub-lessees or recipients, it
shall recover the granted certificates; the recipients shall be re-granted the
certificates of land use rights and ownership of houses and other land-attached
assets.
If the land use term expires at the same time with
the deregistration of the lease, sublease or contribution as capital of land
use rights and ownership of land-attached assets and the land user does not
wish to continue using the land or a competent state agency refuses to extend
the land use term, the granted certificate shall be withdrawn;
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3. The contribution of land use rights as capital
shall terminate in the following cases:
a/ Upon expiration of the duration of contribution
of land use rights as capital;
b/ At the request of one or all of the parties as
agreed upon in the capital contribution contract;
c/ Upon land recovery in accordance with the Land
Law;
d/ The party contributing land use rights as
capital to the business cooperation contract or joint venture enterprise is
declared bankrupt or dissolved;
dd/ The individual participating in the capital
contribution contract dies; is declared dead; loses the civil act capacity or
has it restricted; is banned from operation in the field of business
cooperation while such contract must be performed by such individual;
e/ The legal entity participating in the capital
contribution contract terminates operation while such contract must be
performed by such legal entity.
4. Upon termination of the capital contribution,
land use rights shall be handled as follows:
a/ If the capital contribution duration expires or
the parties reach agreement on the termination of the capital contribution, the
capital contributor is entitled to further use the land for the remaining
duration.
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b/ If the capital contribution terminates under a
decision of a competent state agency due to a violation of the land law, the
State shall recover such land;
c/ If the recipient or the contributor of land use
rights as capital is an organization which falls bankrupt, the contributed land
use rights shall be handled under the bankruptcy declaration decision of the
court.
The person who receives land use rights and land-attached
assets under decisions of people’s courts may continue using the land for the
determined purpose for the remaining land use term and shall be granted
certificates of land use rights and ownership of houses and other land-attached
assets.
If there is no person to receive land use rights
and land-attached assets, the State shall recover such land and assets;
d/ If the individual entering into the capital
contribution contract dies, his/her land use rights already contributed as
capital may be bequeathed in accordance with the civil law;
dd/ In case the individual entering into the
capital contribution is declared dead or has his/her civil act capacity
restricted, his/her contributed land use rights shall be handled in accordance
with the civil law;
e/ If the joint-venture enterprise or the
institutional party contributing land use rights as capital is dissolved, the
contributed land use rights shall be handled as agreed upon between the parties
in accordance with the Land Law and other relevant laws.
Article 81. Order and
procedures for registration or deregistration of the mortgage of land use
rights and handling of mortgaged land use rights, for debt recovery
1. The Ministry of Justice shall assume the prime
responsibility for, and coordinate with the Ministry of Natural Resources and
Environment in, guiding the registration of the mortgage of land use rights and
land-attached assets.
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a/ The mortgaged or guaranteed land use rights
shall be handled as agreed in the mortgage or guaranty contracts. If they
cannot be handled as agreed, the mortgagee or guarantee may transfer the
mortgaged or guaranteed land use rights to another person for debt recovery, or
request a competent state agency to auction such land use rights without having
to obtain the consent of the mortgagor or guarantor, or file a lawsuit at a people’s
court in accordance with law;
b/ The person receiving land use rights under Point
a of this Clause shall be granted a certificate of land use rights and
ownership of houses and other land-attached assets; may use the land for the
determined purpose and has the rights and obligations as prescribed in the
land, law within the remaining land use term; for residential land, the land
user may use it in a stable and permanent manner.
Article 82. Procedures for
registration and grant of certificates of land use rights and ownership of
houses and other land-attached assets in case land use rights have been
transferred but the procedures for transfer of such rights have not yet been
carried out
1. In case the current user of land acquired from
transfer or inheritance or donation of land use rights before January 1, 2008,
which has not yet been granted a certificate but does not fall into the case
specified in Clause 2 of this Article, such person shall carry out the
procedures for land registration and grant of a certificate of land use rights
and ownership of houses and other land-attached assets as prescribed in the
Land Law and this Decree without having to carry out the land use rights
transfer procedures; the dossier-receiving agency may not ask him/her to submit
the contract or document on land use rights transfer as prescribed by law.
2. In case the current user of land acquired from
transfer or inheritance or donation of land use rights before July 1, 2014, and
such person has only a certificate of the land use rights transferor or a
contract or paper on land use rights transfer as prescribed, the following
provisions shall be complied with:
a/ Such person shall submit an application for a
certificate of land use rights and ownership of houses and other land-attached
assets and available land use rights papers;
b/ The land registration office shall notify
writing the rights transferor and post up at the office of the commune-level
People’s Committee of the place where the land is located of the carrying out
of the procedures to grant a certificate of land use rights and ownership of
houses and other land-attached assets to the rights recipient. If the rights
transferor’s address is unknown, an announcement must be published in the local
mass media for three consecutive issues (announcement expenses shall be paid by
the applicant for the certificate);
c/ After 30 days from the date of notification or
first announcement in the local mass media, if there is no written claim for
dispute settlement, the land registration office shall make a dossier and
submit it to a competent agency for the latter to decide to cancel the granted
certificate, in case the certificate is not submitted, and concurrently grant a
new certificate of land use rights and ownership of houses and other
land-attached assets to the rights recipient.
If receiving a written claim for dispute
settlement, the land registration office shall instruct the parties to file
such claim with a state agency competent to settle disputes according to regulations.
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1. In case a household or an individual sets up a
private enterprise and uses land for such enterprise’s production and business
activities without changing the land use purpose, the private enterprise may
continue using the land and shall carry out the procedures for registration of
the change of the name of land user under Point b, Clause 4, Article 95 of the
Land Law and Article 85 of this Decree. In case of using land leased by the
State, the private enterprise shall re-sign the land lease contract with the
provincial-level Natural Resources and Environment Department prior to receipt
of a certificate.
In case a household or an individual sets up a
private enterprise and uses land for such enterprise’s production and business
activities for a new purpose for which permission must be obtained, the private
enterprise shall carry out the procedures for land use purpose change. It shall
submit a dossier of request for permission to change the land use purpose
together with a dossier of registration of the change of the name of land user;
competent agencies shall consider and decide to permit the change of the land
use purpose and consider and certify the change of the name of land user at the
same time.
When the private enterprise terminates operation
and its land use rights are not dealt with in accordance with law, registration
of the change of the name of land user may be made for the household or
individual concerned under Point b, Clause 4, Article 95 of the Land Law and
Article 85 of this Decree.
2. In case of transfer of investment projects using
land in accordance with law, the following provisions shall be complied with:
a/ In case of transfer of an investment project in
which the transferor is allocated land by the State with land use levy, is
leased land with full one-off land rental payment for the entire lease term or
acquires land use rights in accordance with law and the paid land use levy,
land rental or amount for the transfer of land use rights does not originate
from the state budget, the related parties shall carry out the procedures for
transfer of land use rights under Article 79 of this Decree. The project
transfer contract must clearly indicate the value of land use rights in the
total value of the transferred project and is valid for substituting the land
use rights transfer contract when carrying out the land use rights transfer
procedures;
b/ In case of transfer of a project in which the
transferor is allocated land by the State without land use levy, is leased land
with annual land rental payment or is allocated land with land use levy or is
leased land with full one-off land rental payment for the entire lease term or
acquires land use rights and the paid land use levy, land rental or amount for
the transfer of land use rights originates from the state budget, the related
parties shall submit the project transfer contract and the granted certificate
for carrying out the procedures as in the case of sale of land-attached assets.
The provincial-level Natural Resources and
Environment Department shall submit the dossier to the provincial-level
People’s Committee for the latter to decide to recover land from the project
transferor and to allocate or lease land to the project transferee; grant a
certificate of land use rights and ownership of houses and other land-attached
assets to the project transferee in accordance with the land law.
3. The Ministry of Natural Resources and
Environment shall detail the registration of land-related changes in the case
of transformation of companies or division, splitting, consolidation and merger
of enterprises.
Article 84. Order and
procedures for registration of change of land and land-attached assets in the
cases of winning auctions of land use rights; settlement of land-related
disputes, complaints or denunciations; handling of mortgage and capital
contribution contracts; distraint and auction of land use rights and
land-attached assets for judgment enforcement; division, splitting,
consolidation and merger of organizations or transformation of companies;
agreement on consolidation or division of land use rights and ownership of
land-attached assets of households, husband and wife or group of land users
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a/ Recipients of land use
rights and land-attached assets shall submit dossiers for the cases of
receiving land use rights according to results of settlement of land-related
disputes, complaints or denunciations; handling of contracts on mortgage of
land use rights and land-attached assets under agreement; decisions or
judgments of people’s courts, judgment enforcement decisions of judgment
enforcement agencies already enforced; results of auctions of land use rights
and land-attached assets; and division or splitting of households or group of
land users;
b/ Organizations that
have dealt with land use rights and land-attached assets shall submit dossiers
on behalf of recipients of land use rights in the cases of handling contracts
on mortgage or contribution as capital of land use rights and land-attached
assets not under agreement; distraint and auction of land use rights and
land-attached assets for judgment enforcement in accordance with law.
2. The submission of
dossiers for registration of land use rights and land-attached assets must
comply with Articles 60 and 79 of this Decree.
3. The land registration
office shall check the dossier. If the dossier is valid, the land registration
office shall:
a/ Measure the land
parcel, if it has no cadastral map or is not measured yet, or land use rights
on part of the land parcel which has a certificate are transferred;
b/ Send cadastral
information to the tax agency for determining financial obligations, in case
the financial obligations must be fulfilled under regulations, and for
notifying such financial obligations;
c/ Give certification in
the granted certificate. If a certificate of land use rights and ownership of
houses and other land-attached assets is to be granted according to
regulations, make a dossier and submit it to an agency competent to grant such
certificate, when so requested;
d/ Update the change in
the cadastral records and land database; hand over the certificate of land use
rights and ownership of houses and other land-attached assets to the applicant
or send it to the commune-level People’s Committee for handing, in case of
submission of dossiers at commune level.
Article
85. Order and procedures for registration
of change of land and land-attached assets due to change of information on
certificate holders; decrease of land parcel area due to natural erosion;
change of limitations on land use rights; change of financial obligations;
change of land-attached assets compared to registered contents or granted
certificates; change from land lease with annual land rental payment to land
lease with full one-off land rental payment for the entire lease term or from
land allocation without land use levy to land lease or from land lease to land
allocation with land use levy
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2. The land registration office shall check the
dossier. If the dossier is valid, the land registration office shall:
a/ Measure the land parcel, if there is a change in
the land parcel area and land-attached assets or the certificate has been
granted but the land parcel has no cadastral map or is not measured yet;
b/ In case of registration of change of
construction area, use area, number of stories, structure, grade (class) of
house or construction work not in compliance with the construction license or
without construction license in case permission is required, send a written
request to the construction management and licensing agency for opinion in
accordance with the construction law;
c/ Send cadastral information to the tax agency for
determining financial obligations, in case land use levy or land rental must be
paid according to regulations;
d/ Give certification in the granted certificate.
If a certificate is to be re-granted according to regulations of the Ministry
of Natural Resources and Environment, make a dossier and submit it to a
competent agency for granting a certificate of land use rights and ownership of
houses and other land-attached assets; notify the land user to sign or re-sign
the land lease contract with the natural resources and environment agency, in
case land shall be leased;
dd/ Update the change and adjust the cadastral
records and land database; hand over the certificate of land use rights and
ownership of houses and other land-attached assets to the applicant or send it
to the commune-level People’s Committee for handing, in case of submission of
dossiers at commune level.
3. For land users that wish to change the land use
purpose and concurrently register the change of a content specified in this
Article, the procedures prescribed in Clauses 1 and 2 of this Article and the
procedures for land use purpose change shall be carried out at the same time.
Article 86. Procedures for
correction of granted certificates, certificates of house ownership and
certificates of ownership of construction works
1. Land users or owners of land-attached assets
shall submit the granted certificates, certificates of house ownership or
certificates of ownership of construction works containing errors to the land
registration office for correction. For errors due to the fault of land users
or owners of land-attached assets, they shall make a written request for
correction.
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2. The land registration office shall check and
make a written record of conclusions on the contents and causes of errors; make
a dossier and submit it to a competent agency to make correction in the granted
certificate, certificate of house ownership or certificate of ownership of
construction works containing errors; and concurrently correct the erroneous
contents in the cadastral records and land database.
3. If the holder of the certificate, certificate of
house ownership or certificate of ownership of construction works that needs to
be corrected requests to change it into a certificate of land use rights and
ownership of houses and other land-attached assets, the land registration
office shall submit such request to a competent agency for granting such
certificate.
Article
87. Procedures for withdrawal of granted
certificates, certificates of house ownership and certificates of ownership of
construction works
1. In case the State recovers land under Articles
61 and 62 of the Land Law, land users shall return the granted certificates
prior to receipt of compensation and support money in accordance with the land
law. Organizations in charge of compensation and ground clearance shall
withdraw the granted certificates and transfer them to the land registration
office for management.
2. In case the State recovers land under Articles
64 and 65 of the Land Law, land users shall return the granted certificates
prior to handover of land to the State, except the case prescribed at Point b,
Clause 1, Article 65 of the Land Law. Organizations in charge of land recovery
shall withdraw the granted certificates and transfer them to the land
registration office for management.
3. In case of renewal of granted certificates,
certificates of house ownership or certificates of ownership of construction
works or registration of changes of land and land-attached assets, land users
shall return the previously granted certificated when submitting the dossiers
of request for renewal of certificate or dossiers of change registration.
The land registration office shall manage the
returned certificates after completing the procedures for renewal of
certificates or registration of change of land and land-attached assets.
4. In case of withdrawing certificates granted in
violation of the land law under Point d, Clause 2, Article 106 of the Land Law,
the following provisions shall be complied with:
a/ In case the investigation or inspection agency
makes a written conclusion that the certificate has been granted in violation
of the land law, a competent state agency shall consider and decide to withdraw
the granted certificate, if such conclusion is coưect, or notify the
investigation or inspection agency, if determining that the certificate has
been granted lawfully;
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c/ In case the land user detects a certificate that
has been granted in violation of the land law, he/she shall send a report on
his/her detection to a state agency competent to grant certificates of land use
rights and ownership of houses and other land-attached assets, which shall
consider and settle the case under Point b of this Clause;
d/ The land registration office shall withdraw and
manage certificates under competent agencies’ decisions on withdrawal of
certificates;
dd/ A land user or owner of land-attached assets
that disagrees with the settlement of a competent state agency as prescribed at
Points a, b and c of this Clause may lodge a complaint in accordance with the
law on complaints.
5. The State shall not withdraw certificates which
have been granted in violation of law in the cases prescribed at Point d,
Clause 2, Article 106 of the Land Law if the holders of such certificates have
carried out the procedures for exchange or transfer of land use rights and
ownership of land-attached assets or for change of land use purpose and their
cases have been settled in accordance with law.
The handling of damage caused by the grant of
certificates in violation of law must comply with decisions or judgments of
people’s courts. Those who commit violations leading to the unlawful grant of certificates
shall be handled under Articles 206 and 207 of the Land Law.
6. The granted certificates not falling into the
case prescribed in Clause 2, Article 106 of the Land Law shall be withdrawn
only after the judgments or decisions of the people’s court have been enforced.
7. In case of withdrawing certificates under
Clauses 1, 2, 3, 4 and 6 of this Article, if the land user or owner of
land-attached assets fails to return the certificate, the land registration
office shall report the case to the agency competent to grant certificates of
land use rights and ownership of houses and other land-attached assets, to
decide to invalidate such certificate; adjust the cadastral records under
regulations; and make a list of invalidated certificates and send it to the
provincial-level Natural Resources and Environment Department and the General
Department of Land Administration for publicly posting on their websites.
8. The land registration office shall submit
dossiers to competent agencies for re-grant of certificates to land users in
accordance with law; for certificates that have been granted in violation of
law at the fault of land users or that have been granted to wrong 'subjects,
the land registration office shall instruct the land users to carry out the procedures
for re-grant of certificates according to regulations.
Section 4. ORDER .OF AND
PROCEDURES FOR CONCILIATION AND SETTLEMENT OF LAND DISPUTES
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1. Upon receiving a written request for settlement
of a land dispute, a provincial-level People’s Committee shall:
a/ Verify and learn about the cause of the dispute,
collect relevant documents about the land origin, land use process and current
land use status from the parties;
b/ Form a council for conciliation of land
disputes. This council shall be composed of the chairperson or a deputy
chairperson of the People’s Committee as its head; a representative of the
Fatherland Front Committee of the commune, ward or township; the head of the
street quarter, for urban areas; the head of the village, for rural areas; a
representative of households that have lived for a long time in the commune,
ward or township and know well about the origin and use process of the disputed
land parcel; and the cadastral and justice officers of the commune, ward or
township. On a case-by-case basis, representatives of the Farmers’ Association,
Women’s Union, Veterans’ Association and Ho Chi Minh Communist Youth Union may
be invited;
c/ Organize a conciliation meeting with the participation
of the disputing parties, members of the council for conciliation of land
disputes and persons with related interests and obligations.
The conciliation may take place only when all the
disputing parties are present. If any of the disputing parties is absent for
the second time, the conciliation shall be regarded as unsuccessful.
2. The result of conciliation of a land dispute
must be recorded in a minutes which specifies the time and place of the
conciliation; participants in the conciliation; summary of the dispute clearly
stating the origin and time of use of the disputed land, cause of the dispute
(already verified), opinion of the conciliation council; and contents agreed
and disagreed between the disputing parties.
The conciliation minutes must be signed by the head
of the conciliation council, the disputing parties present at the conciliation
session and participants in the conciliation, and sealed by the commune-level
People’s Committee. It must be immediately sent to the disputing parties and
preserved at the commune-level People’s Committee.
3. Within 10 days after the date of making a
minutes of successful conciliation, if the parties express in writing opinions
different from the contents agreed in this minutes, the chairperson of the commune-level
People’s Committee shall organize another meeting of the conciliation council
to consider and handle supplementary opinions and make a minutes of successful
or unsuccessful conciliation.
4. In case of successful conciliation resulting in
a change in the current land use boundaries or land user, the commune-level
People’s Committee shall send the minutes of successful conciliation to a
competent agency for settlement under Clause 5, Article 202 of the Land Law.
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Article 89. Procedures for
settlement of land disputes falling under the competence of chairpersons of
district- or provincial-level People’s Committees
1. A petition for settlement of land disputes shall
be filed with the competent-level People’s Committee.
2. The chairperson of the competent-level People’s
Committee shall assign its advisory agency to settle.
3. The advisory agency shall verify the case,
organize conciliation among the disputing parties, hold a meeting among related
departments and sectors to advise on the settlement of the land dispute (if
necessary), and complete the dossier of the case and submit it to the People’s
Committee of the same level for the latter to issue a decision on settlement of
the land dispute. A dossier of settlement of a land dispute must comprise:
a/ The petition for settlement of land dispute;
b/ The minutes of conciliation at the commune-level
People’s Committee; minutes of working with the disputing parties and related
persons; minutes of the field inspection of the disputed land; minutes of the
meeting with related departments and sectors to advise on the settlement of the
land dispute, in case of unsuccessful conciliation; and minutes of conciliation
during the settlement of the dispute;
c/ Extracts from the cadastral maps and records
made in different periods related to the area of the disputed land and
documents as evidence and proof in the process of dispute settlement;
d/ The proposal report and draft decision on
settlement of the dispute or draft decision on recognition of successful
conciliation.
4. The chairperson of the competent-level People’s
Committee shall issue the decision on settlement of the dispute or recognition
of successful conciliation, and send it to the disputing parties and
organizations and individuals with related rights and obligations.
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1. A petition for settlement of a land dispute
shall be filed with the Minister of Natural Resources and Environment.
2. After receiving a petition for settlement of a
land dispute, the Minister of Natural Resources and Environment shall assign a
relevant unit to advise on the settlement. The assigned unit shall collect and
study documents, organize conciliation among the disputing parties. In case of
necessity, it may propose the Minister of Natural Resources and Environment to
decide to form a working team to verify the case in the locality; and shall
complete the dossier and submit it to the Minister of Natural Resources and
Environment for issuance of a decision on settlement of the land dispute.
3. A dossier of settlement of a land dispute must
comprise:
a/ The petition for settlement of land dispute;
b/ The minutes of working with the disputing
parties and related organizations and individuals; minutes of the field
inspection of the disputed land; and minutes of conciliation during the
settlement of the dispute;
c/ Extracts from the cadastral maps and records
made in different periods related to the area of the disputed land and
documents as evidence and proof in the process of settlement of the dispute in
the locality;
d /The proposal report and draft decision on
settlement of the dispute or draft decision on recognition of successful
conciliation.
4. The decision on settlement of the land dispute
or recognition of successful conciliation shall be sent to the disputing
parties and organizations and individuals with related rights and obligations.
Article 91. Grounds for
settlement of land disputes in case the disputing parties have no papers on
land use rights and decisions on settlement of land disputes or decisions on
recognition of successful conciliation are enforced
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a/ Evidences on the origin and use process of the
land presented by the disputing parties;
b/ Actual land areas currently used by the parties
in addition to the disputed land area and the average land area per household
member in the locality;
c/ Conformity of the current use status of the
disputed land parcel with land use master plans and plans already approved by
competent state agencies;
d/ Preferential treatment policies toward persons
with meritorious services to the State;
dd/ Regulations on land allocation, land lease and
land use rights recognition.
2. Pursuant to regulations on enforcement of
administrative decisions, provincial-level People’s Committees shall detail the
enforcement of decisions on settlement of land disputes and decisions on
recognition of successful conciliation.
Chapter VIII
MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE
Article
92. Functions of monitoring and evaluation
systems
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2. To receive opinions of organizations and
citizens on land management and use and forward them to competent agencies for
settlement.
3. To make public information collected from the
process of land management and use, and results of settlement prescribed in
Clause 2 of this Article on the websites of the monitoring and evaluation
systems.
4. To propose amendments and supplements to land
policies and law; to devise measures to organize the implementation of land
policies and law.
Article
93. Principles of designing and operation
of monitoring and evaluation systems
1. Monitoring and
evaluation systems for land management and use are components of the land
information system; are established uniformly from the central to local level
and publicized on the national information network in accordance with law.
2. Monitoring and
evaluation systems for land management and use must reflect the scale, quality
and effectiveness of land management and use; impacts of land policies and law;
level of transparency and involvement of the people in the process of land
management and use through qualitative and quantitative indicators.
Article
94. Provision and reflection of information
on land management and use
The provision and
reflection of information on land management and use must comply with the
following provisions:
1. Natural resources and environment agencies shall
report and provide fully, accurately, timely and objectively information on
land management and use; results of implementation of land management projects
to the People’s Committees of the same level and higher-level natural resources
and environment agencies for updating in the monitoring and evaluation systems.
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3. Organizations and individuals shall reflect
fully, accurately, timely and objectively information on land management and
use to land administration agencies and People’s Committees of all levels for
updating in the monitoring and management systems.
Article 95. Responsibility
for building and operating monitoring and evaluation systems
1. The Ministry of
Natural Resources and Environment shall:
a/ Design and build the monitoring
and evaluation systems for land management and use; manage and operate the
monitoring and evaluation system for land management and use at the central
level; and guide the management and operation of the monitoring and evaluation
systems for land management and use in localities;
b/ Direct and guide the
annual evaluation of the land management and use and impacts of land policies
and law;
c/ Make periodical
reports and specialized reports on the land management and use and impacts of
land policies and law;
d/ Promulgate evaluation
criteria and processes for the land management and use and impacts of land
policies and law; report forms and reporting responsibility of natural
resources and environment agencies.
2. Provincial-level
People’s Committees shall direct the building and operation of the monitoring
and evaluation systems for land management and use in their localities.
3. Local natural
resources and environment agencies shall manage and operate the monitoring and
evaluation systems for land management and use in their localities; report on
the land management and use and impacts of land policies and law to the
People’s Committees of the same level and higher-level natural resources and
environment agencies upon request.
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HANDLING OF
VIOLATIONS OF THE LAND LAW COMMITTED BY PERSONS ON OFFICIAL DUTY IN THE FIELD
OF LAND
Article 96. Subjects to be
handled
1. Heads of organizations, heads of agencies
competent to decide on land management who commit violations of the land law.
2. Cadres and civil servants of land administration
agencies of all levels and cadastral officers of communes, wards and townships
who commit violations of regulations on the order and procedures in land
administration.
3. Heads of organizations, cadres, civil servants,
public employees and staff members of organizations that are allocated land by
the State for management falling in the cases prescribed in Clause 1, Article 8
of the Land Law who commit violations of the land law related to their
allocated land.
Article 97. Acts in
violation of the land law committed by persons on duty in the field of land
1. Violations of regulations on administrative
boundary dossiers and markers include the following acts:
a/ Distorting the position plans, coordinates table
and written records of handover of administrative boundary markers;
b/ Planting administrative boundary markers at
wrong positions in the field.
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a/ Failing to organize the formulation and
adjustment of land use master plans and plans in time under regulations;
b/ Failing to strictly comply with regulations on
public consultation in the process of land use planning;
c/ Failing to publicize land use master plans and
plans; failing to publicize the adjustment or cancellation of the recovery or
change of purpose of land areas indicated in land use plans for which no land
recovery decision is issued or no permission is obtained for land use purpose
change after three years; failing to report on the implementation of land use
master plans and plans.
3. Violations of regulations on land allocation,
land lease or change of land use purpose include the following acts:
a/ Allocating, re-allocating or leasing land at
incorrect positions and with incorrect areas in the field;
b/ Allocating, re-allocating or leasing land or
permitting change of land use purpose ultra vires, to or for improper subjects,
or not in conformity with annual district-level land use plans approved by
competent state agencies;
c/ Re-allocating or leasing land in hi-tech zones,
economic zones or civil airports or airfields not in conformity with
construction master plans approved by competent state agencies.
4. Violations of regulations on land recovery,
compensation, support and resettlement include the following acts:
a/ Failing to give prior notice to persons whose
land is recovered under Article 67 of the Land Law; failing to publicize
compensation, support and resettlement plans;
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c/ Paying compensations to, providing support and
organizing resettlement for, improper subjects or for incorrect areas and with
incorrect compensation, support and resettlement levels; distorting land
recovery dossiers; identifying incorrect positions and areas of recovered land
in the field;
d/ Recovering land ultra vires, from
improper subjects; not in conformity with land use master plans or plans already
approved by competent state agencies;
5. Violations of regulations on land requisition
include the following acts:
a/ Paying compensations to improper subjects, for
incorrect areas, at incorrect levels, or not according to compensation time
limits, to persons whose land is requisitioned;
b/ Requisitioning land not in the cases prescribed
in Clause 1, Article 72 of the Land Law.
6. Violations of regulations on management of land
allocated by the State for management include the following acts:
a/ Letting persons, who are allowed by law to
temporarily use land, use land for improper purposes;
b/ Using land for improper purposes;
c/ Letting land be encroached upon, occupied or
appropriated.
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a/ Failing to receive complete and valid dossiers,
failing to give specific instructions when receiving dossiers, causing troubles
to dossier submitters, receiving dossiers without recording in the monitoring
register;
b/ Imposing additional administrative procedures
against general regulations, causing troubles to persons requesting performance
of administrative procedures;
c/ Settling administrative procedures not according
to the prescribed order, delaying the handing of papers already signed by
competent agencies to persons requesting performance of administrative
procedures;
d/ Settling administrative procedures beyond
prescribed time limits;
dd/ Refusing or failing to perform administrative
procedures which, under the land law, have all conditions to perform;
e/ Performing administrative procedures ultra
vires;
g/ Issuing decisions, writing opinions in or
certifying dossiers against regulations, causing, or creating conditions for
persons requesting performance of administrative procedures to cause, damage to
the State; organizations or citizens;
h/ Causing loss of or damage to, or distorting,
dossiers.
Article 98. Application of
legal provisions on cadres, civil servants and public employees to handling
violations of the land law committed by persons on official duty in the field
of law
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Chapter X
IMPLEMENTATION
PROVISIONS
Article 99. Handling of cases in which land recovery
procedures are being carried out before July 1, 2014
Provincial-level People’s Committees shall
scrutinize cases in which land recovery procedures are being carried out before
July 1, 2014, and handle as follows:
1. In case there is already a document on
on-principle approval of investment, introduction of location or notice of land
recovery sent to every person whose land is to be recovered, or a document
permitting the investor to reach agreement with land users within the project’s
scope before July 7, 2014, but there is not yet a land recovery decision, then:
a/ The provincial-level People’s Committee shall
permit the continued implementation of the project and apply the form of land
recovery, or the investor shall acquire or lease land use rights, or receive
land use rights as contributed capital under the Land Law, if such is
conformable with the annual district-level land use plan already approved by a
competent state agency;
b/ The provincial-level People’s Committee shall
issue a document directing related organizations and individuals to stop the
implementation of the project if it is not conformable with the approved annual
district-level land use plan;
c/ In case of implementing a production or business
project subject to land recovery by the State under which the investor is
permitted to reach agreement with land users within the project’s scope, if
there remain land areas on which agreement cannot be reached by July 1, 2014,
the provincial-level People’s Committee shall decide to recover the remaining
land area on which the investor and land users fail to reach agreement, for
implementing the investment project.
2. In case there is a decision to enforce the land
recovery decision before July 1, 2014, but the enforcement is not organized
yet, the land recovery shall be enforced in accordance with the Land Law.
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Provincial-level People’s
Committees shall scrutinize cases in which the land allocated or leased by the
State for implementation of investment projects before July 1, 2014, is not
used or is used late under Point i, Clause 1, Article 64 of the Land Law, and
handle as follows:
1. If there is already a
document of a competent agency on this violation before July 1, 2014, but there
is not yet a land recovery decision, the People’s Committee of a competent
level shall handle under Point i, Clause 1, Article 64 of the Land Law; the
extended duration shall be counted from July 1, 2014.
2. If there is already a
land recovery decision before July 1, 2014, the land shall be recovered under
this decision and the land use levy, land rental and assets invested on the
recovered land shall be handled under the 2003 Land Law and guiding documents.
Article
101. Competence to adjust land allocation
or lease decisions with regard to land allocated or leased before the effective
date of the Land Law
State agencies competent
to allocate or lease land defined in Article 59 of the Land Law are competent
to decide on adjustments for cases in which land users obtain land allocation
or lease decisions before July 1, 2014.
Article
102. Effect
1. This Decree takes effect on July 1, 2014.
2. This Decree replaces the following decrees:
a/ The Government’s Decree No. 181/2004/ND-CP of
October 29, 2004, on the implementation of the Land Law;
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c/ The Government’s Decree No. 84/2007/ND-CP of May
25, 2007, additionally providing the grant of land use right certificates, land
recovery, exercise of land use rights, order and procedures for compensation,
support and resettlement upon land recovery by the State and settlement of
land-related complaints;
d/ The Government’s Decree No. 69/2009/ND-CP of
August 13, 2009, additionally providing the land use planning, land price, land
recovery, and compensation, support and resettlement;
dd/ The Government’s Decree No. 88/2009/ND-CP of
October 19, 2009, on certificates of land use rights and ownership of houses
and other land-attached assets.
3. Ministries, ministerial-level agencies,
government-attached agencies and provincial- level People’s Committees shall
scrutinize legal documents they have promulgated which are contrary to the
provision of the Land Law and this Decree, for revision, supplementation or
cancellation.
Article 103. Responsibilities
of ministries, ministerial-level agencies, government- attached agencies,
People’s Committees at all levels, and land users
1. The Ministry of Natural Resources and
Environment, the Ministry of Justice, the Ministry of Construction, the
Ministry of Finance, the Ministry of Transport, the Ministry of Home Affairs
and other related ministries and sectors, and provincial-level People’s
Committees shall guide the articles and clauses assigned in this Decree.
2. Ministers, heads of ministerial-level agencies,
heads of government-attached agencies, chairpersons of People’s Committees at
all levels, and other related organizations and individuals shall implement
this Decree.-
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