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THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
37-L/CTN
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Hanoi,
October 14, 1994
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ORDINANCE
ON
THE RIGHTS AND OBLIGATIONS OF FOREIGN ORGANISATIONS AND INDIVIDUALS WHO LEASE LAND
IN VIETNAM
Proceeding from Article 17,
Article 18 and Article 91 of the 1992 Constitution of the Socialist Republic of
Vietnam;
Proceeding from Article 80 of the Land Law; This Ordinance stipulates the
rights and obligations of the foreign organisations and individuals who lease
land in Vietnam.
Chapter I
GENERAL
PROVISIONS
Article 1
The foreign organisation and
individuals eligible to lease land from the Vietnamese Government under this
Ordinance are:
1- Diplomatic representations,
consulates, and other foreign missions with a diplomatic function;
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3- Foreign organisations and individuals
investing in Vietnam in accordance with the Law on Foreign Investment in
Vietnam.
Article 2
The leasing of land must be
based on the international treaties which the Socialist Republic of Vietnam has
signed or acceded to, on the investment licence, on the purpose of land use and
the maturity period as prescribed by Vietnamese law.
Article 3
The foreign organisations and
individuals who lease land in Vietnam must comply with the relevant
stipulations of Vietnamese law on the management and use of land; their
legitimate rights and interests shall be protected by the Vietnamese State when
these rights and interests are violated by others; if they make any breach of
the lease-hold, they will be dealt with in accordance with Vietnamese law.
In case the international
treaties which the Socialist Republic of Vietnam has signed or acceded to
stipulate differently from the stipulations of this Ordinance, such
international treaties shall prevail.
Article 4
Foreign organisations and
individuals in Vietnam shall lease land by contract.
The contents and procedure of
making a lease contract are stipulated by the Vietnamese Government.
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In case the Vietnamese
Government retrieves ahead of time the land which has been leased to foreign
organisations and individuals as mentioned at Points 2 and 3, Article 1 of this
Ordinance, for national interests or for defense and security purpose, the
foreign organisations and individuals concerned shall be compensated for damage
a stipulated by Vietnamese law, except when the retrieval is made on account of
the violation of Vietnamese law on the management and use of land by foreign
organisations and individuals.
Chapter II
THE RIGHTS
OF FOREIGN ORGANISATIONS AND INDIVIDUALS WHO LEASE LAND IN VIETNAM
Article 6
The foreign organisations who
lease land from the Vietnamese Government as stipulated at Points 1 and 2
Article 1 of this Ordinance, are entitled:
1- To use land in accordance
with the time and purpose for which the land has been leased;
2- To build projects on the land
leased in conformity with the licence granted by the authorized office of the
Vietnamese State;
3- To own the projects they
build on the land leased within the time specified. Ownership of the projects
after the expiry of the land lease is stipulated in the lease contract;
4- To have their legitimate
right of and use protected by the Vietnamese State.
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Apart from the above-mentioned
rights, they are also entitled to other rights provided for by the
international treaties signed between the Vietnamese Government and the
Government of the sending country or by a lease contract that conforms to
Vietnamese Law.
Article 7
The foreign organisations and
individuals investing in Vietnam in accordance with the Law on Foreign
Investment in Vietnam who lease land from the Vietnamese Government are
entitled:
1- To enjoy the results of their
investment on the land;
2- To use the value of the right
to land use plus the property which they have invested in building on the land
as collateral at the Bank of Vietnam within the time of the land lease as
stipulated by Vietnamese law;
3- In case they are licensed to
invest in building infrastructure facilities and to sub-lease them at export
processing zones and industrial parks, they are entitled to sub-lease the land
with such infrastructure facilities already built as stipulated by the
Vietnamese Government;
4- To benefit from the public
utilities for land protection and improvements;
5- The have their legitimate
right land use protected by the Vietnamese State;
6- To complain about and
denounce any violations of their legitimate right of land use;
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Chapter III
THE
OBLIGATIONS OF FOREIGN ORGANISATIONS AND INDIVIDUALS WHO LEASE LAND IN
VIETNAM
Article 8
The foreign organisations and
individuals who lease land in Vietnam have the obligations:
1- To use land in accordance with
the purpose set in the contract and other relevant stipulations;
2- To fulfil the financial
obligations on the lease of land as stipulated by Vietnamese law;
3- To abide by the stipulations
of Vietnamese law on construction and environmental protection, not to harm the
interests of the Vietnamese State and of the neighbouring land users, and to
accept the inspection of land use by the Vietnamese State's authorized office;
4- Not to do harm to the land or
to degrade its value;
5- To return to the Vietnamese
Government the part of land they do not use as stipulated by Vietnamese law and
by mutual agreement between the Vietnamese Government and the lease-holder.
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Article 9
Upon the expiry of the land
lease, the lease-holder who wishes to continue using the land, must apply for
extension of the leases to the Vietnamese Government.
The Government shall stipulate
the procedure for extension of the land leases for the lease-holders on a
case-by-case basis.
When a foreign-invested business
is permitted by Vietnam's authorized level to extend its operation, the land
leases shall be extended correspondingly.
Chapter IV
IMPLEMENTATION
PROVISION
Article 10
This Ordinance's stipulations
also apply to investment projects undertaken by overseas Vietnamese in Vietnam,
to foreign invested joint ventures in which the Vietnamese side offers the
value of the right to land use as investment capital, and to foreign invested
joint ventures which lease land in Vietnam.
Article 11
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All earlier stipulations which
are contrary to this ordinance are now annulled.
Article 12
The Government shall make
detailed provisions on the implementation of this Ordinance.
FOR THE NATIONAL ASSEMBLY
CHAIRMAN
Nong Duc Manh