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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
66/2001/ND-CP
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Hanoi,
September 28, 2001
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DECREE
AMENDING AND SUPPLEMENTING
A NUMBER OF ARTICLES OF DECREE No. 04/2000/ND-CP OF FEBRUARY 11, 2000 ON THE
ENFORCEMENT OF THE LAW AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE
LAND LAW
THE GOVERNMENT
Pursuant to the Law on Organization of the Government
of September 30, 1992;
Pursuant to the July 14, 1993 Land Law; the December 2, 1998 Law amending and
supplementing a number of articles of the Land Law and the June 29, 2001 Law
amending and supplementing a number of articles of the Land Law;
At the proposal of the General Director of the General Land Administration,
DECREES:
Article 1.- To amend and
supplement a number of articles of Decree No. 04/2000/ND-CP of February 11,
2000 on the enforcement of the Law amending and supplementing a number of
articles of the Land Law (hereinafter referred to as Decree No. 04/2000/ND-CP)
as follows:
1. Article 1 is amended and supplemented as
follows:
"Article 1.- Scope of
regulation.
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2. Article 2 is amended and supplemented as
follows:
"Article 2.- The competence
to assign and lease land.
The competence to assign and lease land is
prescribed as follows:
1. The competence to assign and lease land for
use for the purposes other than agricultural production, forestry or salt
making shall be effected according to the provisions in Articles 23 and 80 of
the Land Law as follows:
a) The Government shall decide on the land
assignment in the following cases:
- Land assignment with the collection of land
use levy for creation of capital for the construction of infrastructure under
projects;
- Land assignment for use for defense and/or
security purposes.
b) The People’s Committees of the provinces and
centrally- run cities shall decide on the assignment and lease of land to the
following subjects:
- Organizations using land;
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- Foreign diplomatic missions, consulates, and
other representations with diplomatic functions in Vietnam; representations of
United Nations organizations; inter-governmental agencies and organizations as
well as their representations in Vietnam;
- Foreign organizations and individuals, and
overseas Vietnamese that make investment in Vietnam.
c) The People’s Committees of the rural
districts, provincial capitals, or provincial towns shall decide on the
assignment and lease of land to household and individuals, except for cases
defined at Point b of this Clause.
2. The competence to assign and lease land for
use for the purposes of agricultural production, forestry or salt making shall
be effected according to the provisions in Article 24 of the Land Law as
follows:
a) The People’s Committees of the provinces and
centrally-run cities shall decide on the assignment and lease of land to
economic organizations using land;
b) The People’s Committees of the rural
districts, urban districts, provincial capitals or towns shall decide on the
assignment and lease of land to households and individuals;
c) The People’s Committees of communes, wards
and district towns may lease land belonging to public land funds of such
communes, wards and district towns.
3. In cases where the land-using organizations,
households and individuals have been assigned or leased land before October 1,
2001 under decisions of competent State agencies, which are subject to
adjustment or supplementation, the competence to make adjustment and/or
supplementation of the decisions on land assignment or land lease, if any,
shall comply with the competence to assign and lease land prescribed in Clauses
1 and 2 of this Article."
3. To supplement the following Article 2a:
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The agencies competent to approve the land
location and acreage for investment projects not financed with the State budget
capital, which shall serve as basis for deciding the land assignment and/or
land lease shall be the State bodies competent to assign and lease land defined
in Clause 2 of this Article."
4. Clauses 3 and 4 of Article 3 are amended
and supplemented as follows:
"3. The People’s Committees of the
provinces and centrally-run cities shall grant the land use right certificates to
the following subjects:
a) Domestic organizations using land;
b) Churches, pagodas, and religious shrines;
c) Foreign organizations and individuals using
land in Vietnam.
4. The People’s Committees of the rural
districts, urban districts, provincial capitals or towns shall grant the land
use right certificates to the following subjects:
a) Land-using households and individuals;
b) Population communities using land with such
works thereon as communal houses, temples, shrines, small pagodas, worship
halls, ancestral worship houses or other works in service of the communities’
public interests;
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5. Point c, Clause 2 of Article 5 is
supplemented as follows:
"c) In cases where the economic
organizations, households or individuals are transferred the right to use
agricultural, aquacultural, forestrial land and/or salt-making land, together
with the change of the land use purposes as permitted by competent State
bodies, the land use duration shall be calculated according to the duration of
the projects already ratified or approved by competent State agencies, but must
not exceed 50 years. Particularly for households and individuals that are
transferred the right to use agricultural land and/or forestrial land and
permitted by competent State bodies to change the use purposes of such land for
residential land or special-use land, the land use duration shall be stable and
long-term.
For the agricultural land acreage in excess of
the limits prescribed for households as result of the land use right transfer
defined in Article 22 of the Land Law, the land lease duration shall comply
with the land lease contracts, but shall not exceed 20 years, for agricultural
land used for growing annual crops and aquacultural land; and 50 years, for
agricultural land used for growing perennial trees."
6. Article 11 is amended and supplemented as
follows:
"Article 11.- Management and
use of unreclaimed land and unused land.
For communes, wards and/or district towns where
exist dug-soil tubs, dead-end rivers, canals, ditches, dikes, dams, traffic
roads, drying yards, warehouses, workshops, cattle farms or other special-use
land, which are left unused, riverside or seaside alluvium soils, unreclaimed
land and/or unused land, the commune-level People’s Committees shall have to
manage such land areas in order to put them to use according to plannings and
plans on land use.
The competence to assign and lease such land for
production and/or business purposes or for building dwelling houses shall
comply with the provisions in Clause 2 of this Article; the land use duration
shall be determined according to investment projects, or the application for
land assignment and/or lease".
7. Article 12 is amended and supplemented as
follows:
"Article 12.- Rights of
organizations assigned land by the State without the collection of land use
levy.
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2. For State enterprises using agricultural,
forestrial land, aquaculture land and/or salt-making land assigned by the State
before January 1, 1999, apart from the rights defined in Clause 1 of this
Article, they shall also enjoy the right to mortgage their own properties
associated with the right to use such land at credit institutions licensed to
operate in Vietnam to borrow capital for their production and/or business
activities; contribute capital with the land use right value for production
and/or business cooperation with domestic and/or foreign organizations and/or
individuals for the continued use for the purposes of agricultural production,
forestry, aquaculture or salt-making, as well as the expansion of processing
industries and services in order to develop production."
8. Article 14 is amended and supplemented as
follows:
"Article 14.- Rights of households
and individuals assigned land by the State without the collection of land use
levy.
Households and individuals assigned land by the
State without the collection of land use levy shall enjoy the rights defined in
Clauses 1, 2, 4, 5, 6 and 8, Article 73 of the Land Law, may exchange,
transfer, lease, sublease, bequeath, mortgage and guarantee the land use right
value according to the provisions of land legislation; in addition, they shall
also have the right to contribute capital with the land use right value during
the land assignment term for production and/or business cooperation with
domestic organizations and individuals; in cases where they contribute capital
with the land use right value for production and/or business cooperation with
domestic organizations and/or individuals, thus changing the land use purposes,
they must be permitted by the competent State bodies prescribed in Article 24a
of the Land Law and pay charges for changing the land use purposes, but shall
not have to switch to rent such land; if they fail to pay such charges, they
shall have to rent such land."
9. Clause 3 of Article 16 is amended and
supplemented as follows:
"3. To mortgage or guarantee their land use
right value and properties affixed to such land at credit institutions licensed
to operate in Vietnam".
10. Points c and f, Clause 1 of Article 23
are amended and supplemented as follows:
"c) To propose the Government to assign
land for construction of infrastructure works and implementation of the
investment projects that use land fund to create capital for the construction
of infrastructure;
f) To guide the elaboration of investment
projects on the land plot returned to the investors according to the approved
planning and propose the Government to assign land to the investors."
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"Article 26.- Households and
individuals that change the purposes of using agricultural, forestrial,
aquacultural or salt-making land.
Households and individuals, that use
agricultural, forestrial, aquacultural or salt-making land and are permitted by
the competent State agencies defined in Article 24a of the Land Law to change
the land use purposes shall not have to change to rent such land but pay
charges for the change of land use purposes; if they fail to pay such charges,
they shall have to rent such land.
The levels of charges for changing the use
purposes from agricultural, forestrial, aquacultural or salt-making land into
special-use land shall comply with the provisions at Points a and b, Clause 1,
Article 6 of the Government’s Decree No. 38/2000/ND-CP of August 23, 2000 on
the collection of land use levy for the entire land area entitled to the change
of use purposes."
12. To amend and supplement Clause 2 and
supplement Clause 4 of Article 27 as follows:
"Article 27.- Economic
organizations that are transferred the land use right and change the land use
purpose.
2. For economic organizations that are
transferred the right to use agricultural, forestrial, aquacultural or
salt-making land with the money paid for such transfer having not originated
from the State budget, when being permitted by the competent State agencies to
change the use of land for special purpose, they shall not have to switch to
rent such land but to pay charges for changing the land use purposes as
prescribed by law; if they fail to pay such charges, they shall have to rent
such land. The land use duration shall be calculated according to the duration
of the investment projects already ratified by competent State agencies, but
shall not exceed 50 years.
4. Economic organizations, that are assigned
land by the State without the collection of land use levy for use for the
purposes of agricultural production, forestry, aquaculture or salt making,
shall, when being permitted by the provincial-level People’s Committees to
change the land use purposes, have to comply with the following provisions:
a) For cases of building dwelling houses for
sale or lease, the land use levy must be paid according to the provisions of
laws;
b) For cases of conducting production and/or
business activities, they shall have to rent such land and the land rent
duration shall comply with the duration of the investment projects ratified by
the competent State agencies, but must not exceed 50 years, except for cases
where the land is used for public purposes as defined in Article 4 of Decree
No. 04/2000/ND-CP."
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"a) To mortgage or guarantee the value of
the right to use the subleased land and their own properties affixed to such
subleased land at credit institutions licensed to operate in Vietnam to borrow
capital for their production and/or business according to the provisions of
laws."
14. The phrase " to compensate for damage"
in Articles 3 and 20, and the phrase "to compensate" in Article 19 of
Decree No. 04/2000/ND-CP are replaced with the word "compensation."
To add the phrase "the communes’
postal-cultural points" to the phrase "cultural works" in Clause
2, Article 4 of Decree No. 04/2000/ND-CP.
Article 2.-
Responsibilities of the General Land Administration
The General Land Administration shall provide
guidance on dossiers and procedures for land assignment and lease; the
procedures for switching the use purposes of agricultural land, from growing
wet rice to aquaculture, from growing perennial trees to annual crops.
Article 3.- Responsibility
of the ministries, ministerial-level agencies, agencies attached to the
Government, People’s Committees of various levels and land users
The ministers, the heads of ministerial-level
agencies, the heads of agencies attached to the Government, the presidents of
the People’s Committees of various levels and the land users shall have
implement this Decree.
Article 4.- Implementation
effect
This Decree takes effect as from October 1,
2001. The previous regulations contrary to this Decree shall all be annulled.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai