Tình trạng: Hết hiệu lực
Xem thêm: Luật Đất đai 1987 - 1993 - 1998 (sửa đổi) - 2003 - 2013
Law on Land 1987 - 1993 - 1998 (amended) - 2003 - 2013 (Part 1, Part 2)
THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM
No: 13/2003/QH11 Independence - Freedom - Happiness
Ha Noi, day 26 month 11 year 2003
LAW on
(No. 13/2003/QH11)
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam,
which was amended and supplemented under Resolution No.51/2001-QH10 of December
25, 2001 of the Xth National Assembly, the 10th session;
This Law prescribes land management and use.
Chapter I
GENERAL PROVISIONS
Article 1.- Regulation scope
This Law prescribes the powers and responsibilities of the State which
represents the entire-people owner of land and uniformly manages land; the
regime of land management and use; the rights and obligations of land users.
Article 2.- Subjects of application
The subjects of application of this Law include:
1. The State agencies which exercise the powers and perform the
responsibilities of the representative of the entire-people owner of land,
performing the task of uniform State management over land;
2. The land users;
3. Other subjects involving in land management and/or use.
Article 3.- Law application
1. The land management and use must comply with the provisions of this Law.
In cases where this Law does not provide therefor, the provisions of relevant
law shall apply.
2. Where the international treaties which the Socialist Republic of Vietnam
has signed or acceded to contain provisions different from the provisions of
this Law, the provisions of such international treaties shall apply.
Article 4.- Interpretation of terms and phrases
In this Law, the terms and phrases below shall be construed as follows:
1. Land assignment by the State means the State assigns the land use rights
with administrative decisions to subjects having land use demand.
2. Land lease by the State means the State assigns the land use rights under
contracts to subjects having land use demand.
3. The State's recognition of the land use right for current stable land
users means the granting for the first time by the State of the land use right
certificates to those persons.
4. Reception of land use right transfer means the establishment of the land
use rights transferred by other persons under the provisions of law through
various forms of exchange, transfer, inheritance, donation of land use rights
or capital contribution with land use rights, which results in the emergence of
new legal persons.
5. Land recovery means that the State issues administrative decisions to
retrieve land use rights or recover land already assigned to organizations,
commune, ward or township People's Committees for management according to the
provisions of this Law.
6. Compensation upon land recovery by the State means the State returns the
land use right value of the recovered land areas to persons having land
recovered.
7. Support upon land recovery by the State means the State renders
assistance to persons having land recovered through providing them with
training in new jobs, with new jobs, funding for their movement to new
locations.
8. Administrative boundary dossiers mean the dossiers in service of the
State management over administrative boundaries.
9. Administrative boundary maps are the maps showing the administrative
boundary markers and geographical and terrain elements related to
administrative boundary markers.
10. Administrative maps are the maps showing the boundaries of
administrative units enclosed with place names and a number of major natural,
economic and social elements.
11. Land plots mean the land areas delimited by boundaries determined on the
field or described on the dossiers.
12. Cadastral dossiers mean the dossiers in service of the State management
over the land use.
13. Cadastral maps are the maps showing land plots and relevant geographical
elements, made according to commune, ward or township administrative units, certified
by competent State agencies.
14. Cadastral books mean the books for every commune, ward or township units
to record the land users and information on land use by such persons.
15. Land-itemizing books mean the books compiled for every commune, ward or
township unit to record land plots and the information thereon.
16. Land change-monitoring books mean the books compiled to monitor cases of
change in land use, including changes in land plot sizes and shapes, land
users, land use purposes, land use duration, rights and obligations of land
users.
17. Land use status quo maps are the maps expressing the disposition of land
of various categories at a given time, which are drawn according to
administrative units.
18. Land use-planning maps are the maps drawn up at the beginning of the
planning period, expressing the disposition of land of various categories at
the end of the planning period.
19. Land use right registration means the acknowledgement of the lawful land
use rights over a determined land plot in the cadastral dossiers, aiming to
establish the rights and obligations of the land users.
20. Land use right certificates mean the certificates granted by competent
State agencies to land users in order to protect their legitimate rights and
interests.
21. Land statistics means the State sums up and evaluates on the cadastral
dossiers the present land use situation at the time of statistics and the
situation of land changes between two statistical times.
22. Land inventory means the State sums up and evaluates on the cadastral
dossiers and on the field the present land use situation at the time of
inventory and the situation of land changes between two inventories.
23. Land use right price (hereinafter called land price) means the money
amount calculated on a land acreage unit prescribed by the State or formulated
in land use right transaction.
24. Land use right value means the pecuniary value of the land use rights
over a determined land acreage in a determined land use duration.
25. Land use levy means the money amount which must be paid by land users in
cases where the State assigns land with the collection of land use levy on a
determined land acreage.
26. Land disputes mean the disputes over the rights and obligations of land
users between two or more parties in the land relations.
27. Land destruction means acts of topographically deforming land, reducing
land quality, polluting land thus causing the loss or reduction of capability
to use land according to the set purposes.
28. Public non-business organizations mean those organized by competent
State agencies, political organizations or socio-political organizations and
having the function of carrying out public-service activities financed by the
State budget.
Article 5.- Land ownership
1. Land belongs to the entire-people ownership with the State acting as the
owner's representative.
2. The State exercises the right to dispose land as follows:
a) To decide on the land use purposes through deciding on, considering and
approving land use plannings, land use plans (hereinafter referred collectively
to as land use plannings, plans);
b) To stipulate the land assignment norms and land use duration;
c) To decide on land assignment, land lease, land recovery, to permit the
change of land use purposes;
d) To set the land prices.
3. The State performs the regulation of benefit sources from land through
land-related financial policies as follows:
a) Collection of land use levies, land rents;
b) Collection of land use tax, tax on income from land use right transfer;
c) Regulation of the land value increase not due to investment by land
users.
4. The State assigns the land use rights to land users in forms of land
assignment, land lease, recognition of land use rights for current stable land
users; prescribes the rights and obligations of the land users.
Article 6.- State management over land
1. The State performs the uniform management over land.
2. The contents of the State management over land include:
a) Promulgating legal documents on land management and use and organizing
the implementation thereof;
b) Determining administrative boundaries, compiling and managing the
administrative boundary dossiers, drawing administrative maps;
c) Surveying, measuring, evaluating and categorizing land; drawing cadastral
maps, land use status quo maps and land use planning maps;
d) Managing land use plannings and plans;
e) Managing the land use assignment, land lease, land recovery, change of
land use purposes;
f) Registering the land use rights, compiling and managing cadastral dossiers,
granting land use right certificates;
g) Making land statistics, inventories;
h) Managing land-related finance;
i) Managing and developing the land use right transfer market in the real
estate market;
j) Managing and supervising the performance of rights and obligations of
land users;
k) Inspecting and examining the observance of law provisions on land and
handling violations of land legislation;
l) Settling land disputes; settling complaints and denunciations against
violations in land management and use;
m) Managing land-related public service activities.
3. The State adopts policies on investment in the performance of tasks of
State management over land, builds up a modern and fully capable land
management system, ensuring the effective and efficient management of land.
Article 7.- The State exercises the right of representing the
entire-people owner of land and performs the uniform State management over land
1. The National Assembly promulgates land law, decides on land use plannings
and plans of the whole country; exercises the supreme right to supervise the
land management and use nationwide.
2. The Government decides on land use plannings and plans of the provinces
and centrally-run cities and the plannings and plans on the use of land for
defense and/or security purposes; exercises the uniform State management over
land throughout the country.
The Ministry of Natural Resources and Environment is answerable to the
Government for the State management over land.
3. The People's Councils of all levels exercise the right to supervise the
land management and use in their respective localities.
4. The People's Committees of all levels exercise the right to represent the
land owner and perform the State management over land in their respective
localities according to competence prescribed in this Law.
Article 8.- Rights and responsibilities of Vietnam Fatherland
Front, the Front's member organizations and citizens
Vietnam Fatherland Front, the Front's member organizations and citizens have
the rights and responsibility to supervise the land management and use,
coordinate with State agencies in ensuring the strict observance of the State's
regulations on land management and use.
Article 9.- Land users
The land users defined in this Law include:
1. Domestic organizations, including State agencies, political
organizations, socio-political organizations, socio-political and professional
organizations, social organizations, socio-professional organizations, economic
organizations, socio-economic organizations, public-non-business organizations,
people's armed force units and other organizations, which, according to the
Government's regulations (hereinafter referred collectively to as
organizations) shall be assigned or leased land or have their land use rights recognized,
by the State; and economic organizations receiving land use right transfer;
2. Domestic households and individuals (hereinafter called households,
individuals), that are assigned or leased land, or have land use rights
recognized, by the State, or receive the land use right transfer.
3. Population communities, including communities of Vietnamese living in the
same villages, hamlets or similar population quarters having the same customs
and practices or the same descents, that are assigned land or have the land use
rights recognized, by the State;
4. Religious establishments, including pagodas, churches, oratories,
sanctuaries, monasteries, religious training schools, head-offices of religious
organizations and other religious establishments, which have the land use
rights recognized or are assigned land, by the State;
5. Foreign organizations with diplomatic functions, including diplomatic
representation offices, consulates, other foreign representation offices with
diplomatic functions recognized by the Vietnamese Government; representation
offices of organizations within the United Nations, inter-governmental agencies
or organizations, representative offices of inter-governmental organizations,
which are leased land by the State;
6. Overseas Vietnamese who return to the country for investment, regular
cultural or scientific activities or return for stable settlement in the
country, who are assigned or leased land by the State, or are entitled to buy
dwelling houses closely associated with the rights to use residential land;
7. Foreign organizations and individuals investing in Vietnam under the
legislation on investment, that are leased land by the State.
Article 10.- Guarantees for land users
1. The State grants land use right certificates to land users.
2. The State does not recognize the reclaim of land already assigned under
the State's regulations to other people for use in the course of implementing
the land policies of the State of the Democratic Republic of Vietnam, the
Provisional Revolutionary Government of the Republic of South Vietnam and the
State of the Socialist Republic of Vietnam.
3. The State adopts policies to create conditions for persons directly
engaged in agricultural production, forestry, aquaculture, salt-making to have
land for production; at the same time adopts policies on preferences for
investment, job training, production and business development, job creation for
rural labor, suitable to the process of restructuring the land use and
restructuring the rural economy along the direction of industrialization and
modernization.
Article 11.- Land-using principles
The land use must ensure the following principles:
1. Being in strict accordance with the land use plannings and plans, and for
the right land use purposes;
2. Being economical, efficient, protecting environment and not harming the
legitimate interests of land users around;
3. The land users exercise their rights and perform their obligations in the
land use duration according to the provisions of this Law and other relevant
laws.
Article 12.- Encouraging investment in land
The State adopts policies to encourage land users to invest their labor,
supplies, capital in, and to apply scientific and technological achievements
to, the following works:
1. Protecting, improving, increasing the fertility of, land;
2. Virgin land reclamation, re-cultivation on unused land, sea encroachment,
putting areas of waste land, bare hills and mountains and land with waste water
surface to use;
3. Developing infrastructure to increase the value of land.
Article 13.- Land categorization
Depending on the use purposes, land is categorized as follows:
1. Agricultural land, including land of the following categories:
a) Land for cultivation of annual crops, including land for rice
cultivation, pasture land for husbandry, land for growing other annual crops;
b) Land for growing perennial trees;
c) Production forest land;
d) Protective forest land;
e) Special-use forest land;
f) Aquaculture land;
g) Salt-making land;
h) Other agricultural land as prescribed by the Government;
2. Non-agricultural land, including land of the following categories:
a) Residential land, including rural residential land and urban residential
land;
b) Land for construction of offices, non-business facilities;
c) Land used for defense and/or security purposes;
d) Land for non-agricultural production or business, including land for
construction of industrial parks; land used as ground for construction of
production and/or business establishments; land for mineral activities; land
for production of construction materials, pottery articles;
e) Land used for public-utility purposes, including land for communications,
irrigation; land for construction of cultural, medical, educational and
training, sport and physical training works in service of public interests;
land with historical and cultural relics, scenic places; land for construction
of other public works under the Government's regulations;
f) Land used by religious establishments;
g) Land with works being communal houses, temples, shrines, small pagodas,
worship halls, ancestral worship houses;
h) Land for cemeteries, grave-yards;
i) River, arryo, canal, trench, stream and special-use water surface land;
j) Other non-agricultural land as prescribed by the Government;
3. Unused land, including assorted land with use purposes not yet
identified.
Article 14.- Grounds for determination of land categories on
the field
The determination of land categories on the field is based on the following
grounds:
1. The present land use situation compatible with the land use plannings
approved by competent State agencies;
2. The competent State agencies' decisions to assign land, lease land,
permit the change of land use purposes;
3. The registration for changes of land use purposes, for cases where
permission for change of land use purposes is not required.
Article 15.- Strictly prohibited acts
The State strictly prohibits acts of encroaching upon land; not using land,
using land not for the right purposes; violating land use plannings and/or plans
already publicized; destroying land; failing to strictly comply with law
provisions when applying land users' rights; failing to perform or performing
inadequately the obligations and responsibilities of land users.
The State strictly prohibits acts of abusing positions and powers, acting
ultra vires or showing irresponsibility by competent persons to act against the
regulations on land management.
Chapter II
THE STATE'S RIGHTS TO LAND AND STATE MANAGEMENT OVER LAND
Section 1. COMPILATION AND MANAGEMENT OF ADMINISTRATIVE BOUNDARY DOSSIERS
AND ASSORTED LAND-RELATED MAPS
Article 16.- Administrative boundaries
1. The Government directs the delimitation of administrative boundaries, the
compilation and management of administrative boundary dossiers at all levels
throughout the country.
The Ministry of Home Affairs provides for the order and procedures of
delimiting the administrative boundaries, managing administrative boundary
markers and dossiers.
The Ministry of Natural Resources and Environment provides for the
techniques and economic norms in implanting administrative boundary markers and
compiling administrative boundary dossiers at all levels.
2. The People's Committees at all levels organize the delimitation of
administrative boundaries on the field and the compilation of administrative
boundary dossiers within their respective localities.
Article 17.- Administrative boundary dossiers
1. An administrative boundary dossier includes:
a) The competent State agency's decision on the establishment of the administrative
unit or the administrative boundary adjustment (if any);
b) The administrative boundary map;
c) The diagram on locations of administrative boundary markers;
d) The table of coordinates of administrative boundary markers, typical
points on the administrative boundary line;
e) The description of the general administrative boundary situation;
f) The record certifying the description of the administrative boundary
line;
g) The statistical ticket on geographical elements related to the
administrative boundary;
h) The record on the hand-over of administrative boundary markers;
i) The statistics of documents on administrative boundaries of the
subordinate administrative units.
2. The administrative boundary dossiers of any levels are archived at the
People's Committees of such levels, the People's Committees of higher levels,
the Ministry of Home Affairs, the Ministry of Natural Resources and
Environment.
3. The administrative boundary dossiers of the subordinate levels are
certified by the immediate-superior People's Committees; the administrative
boundary dossiers of the provinces and centrally-run cities are certified by
the Ministry of Home Affairs.
4. The commune/ward/township People's Committees have the responsibility to
manage the administrative boundary markers on the fields in their respective
localities; in cases where administrative boundary markers are removed or
damaged, they must report such in time to the People's Committees of rural
districts, urban districts, provincial capitals or towns.
Article 18.- Administrative maps
1. The administrative maps of any localities are drawn up on the basis of
the administrative boundary maps of such localities.
2. The drawing up of administrative maps is stipulated as follows:
a) The Ministry of Natural Resources and Environment directs the drawing of
the administrative maps of all levels throughout the country and organizes the
drawing of national, provincial and municipal administrative maps;
b) The provincial/municipal People's Committees organize the drawing of
administrative maps of rural districts, urban districts, provincial capitals
and towns.
Article 19.- Cadastral maps
1. The cadastral maps are components of the cadastral dossiers in service of
the uniform State management over the land.
2. The Ministry of Natural Resources and Environment directs the surveys,
measurement, drawing and management of cadastral maps nationwide.
3. The provincial/municipal People's Committees organize the surveys,
measurement, drawing and management of cadastral maps in their respective
localities.
4. The cadastral maps are managed and archived at the land management
agencies of the provinces, centrally-run cities, rural districts, urban
districts, provincial capitals, towns and the People's Committees of the
communes, wards, townships.
Article 20.- Land use status quo maps and land use planning
maps
1. The land use status quo maps are drawn up once every five years in
association with the land inventory prescribed in Article 53 of this Law to
serve the management of land use plannings and plans.
2. The land use planning maps are drawn up once every 10 years in
association with the land use planning periods prescribed in Article 24 of this
Law.
The land use planning maps of communes, wards or townships, drawn up on the
cadastral maps, are called the detailed land use planning maps.
3. The Ministry of Natural Resources and Environment directs the surveys,
measurement, drawing and management of land use status quo maps, the land use
planning maps nationwide and organize the drawing of land use status quo maps
and land use planning maps of the whole country.
4. The People's Committees having the responsibility to conduct land
inventories in any localities shall have the responsibility to organize the
drawing of land use status quo maps of such localities.
The People's Committees having the responsibility to organize the
elaboration of land use plannings of any localities shall have the
responsibility to organize the drawing of the land use planning maps of such
localities.
Section 2. LAND USE PLANNINGS, PLANS
Article 21.- The principles for elaboration of land use
plannings and plans
The elaboration of land use plannings and plans must ensure the following
principles:
1. Being compatible with the strategies, overall plannings, plans on
socio-economic development, defense and security;
2. Being elaborated from the whole to details; the land use plannings and
plans of the subordinate levels must be compatible with the land use plannings
and plans of the superior levels; the land use plans must conform to the land
use plannings already decided on and approved by competent State agencies;
3. The land use plannings and plans of the superior levels must express the
land use demands of the subordinate levels;
4. Thrifty and efficient use of land;
5. Rational exploitation of natural resources and environmental protection;
6. Protection and renovation of historical and cultural relics, scenic
places;
7. Democracy and publicity;
8. The land use plannings and plans of each period must be decided, approved
in the last year of the previous period.
Article 22.- Grounds for elaboration of land use plannings,
plans
1. Grounds for elaboration of land use plannings include:
a) The strategies and overall plannings on socio-economic development, defense
and security of the whole country; plannings on development of branches and
localities;
b) The State's socio-economic development plans;
c) The natural, economic and social conditions and the market demands;
d) The land use status quo and land use demands;
e) The land use norms;
f) The scientific and technological advances related to land use;
g) The results of implementation of the land use plannings of the previous
period.
2. Grounds for elaboration of land use plans include:
a) The land use plannings already decided on and approved by competent State
agencies;
b) The five-year and annual socio-economic development plans of the State;
c) The land use demands of organizations, households, individuals,
population communities;
d) The results of implementation of the previous period's land use plans;
e) Investment capability for implementation of projects, works using land.
Article 23.- Contents of land use plannings, plans
1. The contents of a land use planning include:
a) Survey, studies, analysis and sum up of the natural, economic and social
conditions and the land use status quo; the evaluation of land potential;
b) Identification of land use orientations and objectives in the planning
period;
c) Determination of areas of assorted land distributed for socio-economic
development, defense and security demands;
d) Determination of areas of land to be recovered for the implementation of
works, projects;
e) Determination of measures for land use, protection and improvement and
environmental protection;
f) Solutions to organize the implementation of land use plannings.
2. The contents of a land use plan include:
a) The analysis and evaluation of the results of implementation of the
previous period's land use plans;
b) The plans on recovery of assorted land areas for distribution to
infrastructure construction demands; industrial and service development; urban
and rural residential quarter development; defense, security;
c) The plans on transfer of land areas under wet rice and forest land to
other use purposes, the restructure of the use of land within the agricultural
land;
d) The land reclamation plans to expand land areas to be used for various
purposes;
e) Details of the five-year land use plan to every year;
f) Solutions to organize the implementation of land use plans.
Article 24.- Land use planning, plan periods
1. The period of land use planning of the whole country, provinces,
centrally-run cities, rural districts, urban districts, provincial capitals,
towns, communes, wards or townships is ten years.
2. The period of land use plan of the whole country, the provinces,
centrally-run cities, rural districts, urban districts, provincial capitals,
towns, communes, wards or townships is five years.
Article 25.- Elaboration of land use plannings, plans
1. The Government organizes the elaboration of land use plannings and plans
of the whole country.
2. The provincial/municipal People's Committees organize the elaboration of
their respective local land use plannings and plans.
3. The People's Committees of the rural districts of the provinces organize
the elaboration of the land use plannings and plans of their respective
localities as well as the land use plannings and plans of townships in their
respective districts.
The People's Committees of rural and urban districts of the centrally-run
cities and the People's Committees of the provincial capitals or towns organize
the elaboration of land use plannings and plans of their respective localities
as well as land use plannings and plans of their subordinate administrative
units, except for cases prescribed in Clause 4 of this Article.
4. The People's Committees of the communes not lying in the urban
development planning areas in the land use planning period organize the
elaboration of land use plannings and plans of their respective localities.
5. The land use plannings of communes, wards or townships are elaborated in
details associated to land plots (hereinafter called the detailed land use
plannings); in the course of elaborating the detailed land use plannings, the
agencies which organize the elaboration of land use plannings must gather
comments of people.
The land use plans of communes, wards or townships are elaborated in details
associated to land plots (hereinafter called the detailed land use plans).
6. The People's Committees have the responsibility to organize the
elaboration of land use plannings and plans and submit them to the People's
Councils of the same level for adoption before submitting such land use
plannings and plans to competent State agencies for consideration and approval.
7. The land use plannings and plans must be submitted simultaneously with
the socio-economic development plans.
Article 26.- Competence to decide on, consider and approve the
land use plannings and plans
1. The National Assembly decides on the land use plannings and plans of the
whole country, which are submitted by the Government.
2. The Government considers and approves the land use plannings and plans of
the provinces and centrally-run cities.
3. The provincial/municipal People's Committees consider and approve the
land use plannings and plans of their immediate subordinate administrative
units.
4. The People's Committees of the rural districts, provincial capitals or
towns consider and approve the commune land use plannings and plans prescribed
in Clause 4, Article 25 of this Law.
Article 27.- Adjustment of land use plannings, plans
1. The adjustment of land use plannings shall be made only in the following
cases:
a) There is the adjustment of socio-economic development, defense or
security objectives, which has been decided and approved by competent State
agencies, and such adjustment alters the land use structure;
b) The land use purposes, structure, position and/or acreage have changed
due to the impacts of natural calamities or war;
c) There is the adjustment of land use planning by the superior authorities,
which directly affects the land use planning of their own level;
d) There is the adjustment of administrative boundaries of the localities.
2. The adjustment of land use plans shall be made only when there appears
the adjustment of land use planning or there appears a change in the capability
to implement the land use plans.
3. The contents of land use planning adjustment constitute a part of the
contents of the land use planning. The contents of land use plan adjustment
constitute a part of the contents of the land use plan.
4. The State agencies competent to decide, approve the land use plannings
and plans of any levels shall be competent to decide and approve the adjustment
of the land use plannings, plans of such levels.
Article 28.- Announcement of land use plannings, plans
Within no more than thirty working days as from the date they are decided on
or approved by competent State agencies, the land use plannings and/or plans
must be publicized according to the following regulations:
1. The People's Committees of communes, wards or townships have the
responsibility to publicize the detailed land use plannings, the detailed land
use plans of their respective localities at their offices;
2. The land management agencies at all levels have the responsibility to
publicize the land use plannings, plans of their respective localities at their
offices and on the mass media;
3. The publicization of land use plannings and plans at the offices of the
People's Committees and the offices of the land management agencies shall be
effected throughout the effective land use planning, plans periods.
Article 29.- Implementation of land use plannings, plans
1. The Government shall organize and direct the implementation of land use
plannings and plans of the whole country; examine the implementation of land
use plannings and plans of the provinces and centrally-run cities.
The People's Committees of the provinces, centrally-run cities, rural
districts, urban districts, provincial capitals, provincial towns shall
organize and direct the implementation of land use plannings and plans of their
respective localities; examine the implementation of the land use plannings and
plans of their immediate subordinate localities.
The People's Committees of the communes, wards or townships shall organize
and direct the implementation of land use plannings and plans of their
respective localities; detect and stop acts of using land in contravention of
the publicized land use plannings and/or plans.
2. In cases where the publicized land use plannings and/or plans cover land
areas to be recovered but the State has not yet recovered the land, paid the
compensations and cleared the ground, the land users may continue using such
land for the purposes already determined before the announcement of the land
use plannings and/or plans; if the land users no longer have the use demands,
the State shall recover the land and pay the compensations or provide supports
according to the provisions of law.
The State strictly prohibits all activities of building or investing on
one's own will immoveables in land areas to be recovered for the implementation
of land use plannings and/or plans. In cases where there are demands to renovate,
repair dwelling houses and/or constructions affixed to the to be-recovered
land, which change the sizes and/or grades of the existing works, the
permission of the competent State agencies is required.
3. For land areas inscribed in the publicized land use plans, which must be
recovered for the execution of projects, works or must be subject to land use
purpose change and the plans therefor have not been realized within three
years, the State agencies competent to approve the land use plans must adjust
or cancel such plans and make the announcement thereon.
Article 30.- Plannings, plans on use of land for defense,
security purposes
1. The Ministry of Defense, the Ministry of Public Security shall elaborate
plannings and plans on the use of land for defense or security purposes and
submit them to the Government for consideration and approval.
2. The Government shall specify the elaboration, consideration and approval,
adjustment and implementation of the plannings and plans on the use of land for
defense or security purposes.
Section 3. LAND ASSIGNMENT, LAND LEASE, CHANGE OF LAND USE PURPOSES
Article 31.- Grounds for land assignment, land lease, change
of land use purposes
Grounds for deciding to assign land, lease land or permit the change of land
use purposes include:
1. Land use plannings and/or plans or urban construction plannings, rural
population quarter construction plannings, which have already been considered
and approved by competent State agencies;
2. Land use demands reflected in investment projects, written applications
for land assignment, land lease or land use purpose change.
Article 32.- Assigning or leasing land being used by some one
to other persons
The decisions to assign or lease land being used by some one to other
persons shall be executed only after the issuance of decisions to recover such
land.
Article 33.- Assigning land without collecting the land use
levies
The State shall assign land without collecting the land use levies in the
following cases where:
1. Households and/or individuals are directly engaged in agricultural labor,
forestry, aquaculture, salt making and assigned agricultural land within the
quotas prescribed in Article 70 of this Law;
2. Organizations use land for purposes of research, testing, experimentation
in agriculture, forestry, aquaculture or salt making;
3. People's armed force units are assigned land by the State for
agricultural production, forestry, aquaculture, salt making or production in
combination with defense or security tasks;
4. Organizations use land for construction of dwelling houses in service of
resettlement under the State's projects;
5. Agricultural cooperatives use land as grounds for construction of the
cooperatives' offices, drying yards, warehouses; the construction of service
establishments in direct service of agricultural production, forestry,
aquaculture, salt making;
6. People use protective forest land; special-use forest land; land for
construction of working offices, construction of non-business facilities
prescribed in Article 88 of this Law; land used for defense or security
purposes; traffic or irrigation land; land for construction of cultural,
medical, education and training, physical training and sport projects in
service of public interests and other public works not for business purposes;
land used for cemeteries and graveyards;
7. Population communities use agricultural land; religious establishments
use non-agricultural land as prescribed in Article 99 of this Law.
Article 34.- Assigning land with the collection of land use
levies
The State shall assign land with the collection of land use levies in the
following cases where:
1. Households and individuals are assigned residential land;
2. Economic organizations are assigned land for use for purposes of
investment in the construction of dwelling houses for sale or lease;
3. Economic organizations are assigned land for use for purposes of
investment in the construction of infrastructures for transfer or lease;
4. Economic organizations, households and individuals are assigned land for
use as ground for construction of production and/or business establishments;
5. Economic organizations, households and individuals use land for the
construction of public works for business purposes;
6. Economic organizations are assigned land for agricultural production,
forestry, aquaculture, salt making;
7. Overseas Vietnamese are assigned land for execution of investment
projects.
Article 35.- Land lease
1. The State leases land with the collection of annual land rents in the
following cases:
a) Households and individuals rent land for agricultural production,
forestry, aquaculture, salt making;
b) Households and individuals have the demands to continue using the
agricultural land areas assigned in excess of quotas before January 1, 1999
while the land use duration has expired under the provisions in Clause 2,
Article 67 of this Law;
c) Households and individuals have used agricultural land in excess of land
assignment quotas from January 1, 1999 to before the date this Law takes
effect, excluding land areas acquired due to the transfer of land use rights;
d) Households and individuals rent land for use as ground for construction
of production and/or business establishments, mineral activities, production of
building materials, making pottery articles;
e) Households and individuals use land for construction of public works for
business purposes;
f) Economic organizations, overseas Vietnamese, foreign organizations and
individuals rent land for execution of investment projects for agricultural production,
forestry, aquaculture, salt making; for use as ground for construction of
production and/or business establishments; construction of public works for
business purposes; construction of infrastructures for transfer or lease; for
mineral activities, production of building materials, making pottery articles;
g) Foreign organizations with diplomatic functions rent land for
construction of working offices.
2. The State leases land with the collection of land rents in lump sum for
the whole leasing terms in the following cases:
a) Overseas Vietnamese, foreign organizations and individuals rent land for
execution of investment projects on agricultural production, forestry,
aquaculture, salt making; for use as ground for construction of production
and/or business establishments; construction of public works for business
purposes; construction of infrastructures for transfer or lease; for mineral
activities, production of building materials, making pottery articles;
construction of dwelling houses for sale or lease;
b) Foreign organizations with diplomatic functions rent land for
construction of working offices.
Article 36.- Change of land use purposes
The change of land use purposes among different land categories prescribed
in Article 13 of this Law shall be effected as follows:
1. Cases where the land use purpose change requires permission of competent
State agencies include:
a) Changes from land under wet rice cultivation to land under perennial
trees, forestation land, aquaculture land;
b) Changes from special-use forest land, protective forest land to land used
for other purposes;
c) Changes from agricultural land to non-agricultural land;
d) Changes from non-agricultural land assigned by the State without the
collection of land use levies to non-agricultural land assigned by the State
with the collection of land use levies or leased by the State;
e) Changes from non-agricultural land other than residential land to
residential land;
2. For cases of land use purpose change other than the cases prescribed in
Clause 1 of this Article, the land users must not apply for permission of
competent State agencies, but have to register it with the offices of
organizations competent to register the land use rights (hereinafter called
collectively the land use registries) of the People's Committees of the
communes where exists the land;
3. Upon the change of land use purposes as provided for in Clauses 1 and 2
of this Article, the land use regimes, the rights and obligations of land users
shall comply with the land categories after the change of use purposes; the
land use duration shall comply with the provisions in Article 68 of this Law;
4. Upon the change of land use purposes in the cases prescribed at Points c,
d and e of Clause 1, this Article, the land users must fulfill their financial
obligations according to the following regulations:
a) Paying land use levies according to land categories after the change of
use purposes, for cases of change from protective forest land, special-use
forest land, non-agricultural land without the collection of land use levies to
non-agricultural land with the collection of land use levies;
b) Paying land use levies according to land categories after the change of
use purposes, subtracting the land use right values of the land categories
before the change of use purposes, which are calculated at the land prices set
by the State at the time of being allowed to change the land use purposes, for
cases of change from land under annual crops, land under perennial trees,
production forest land, aquaculture land, salt-making land to non-agricultural
land with the collection of land use levies;
c) Paying land use levies according to land categories after the change of
use purposes, subtracting the land use levies paid according to the land categories
before the change of use purposes, for cases of change from non-agricultural
land other than residential land to residential land;
d) Paying land rents according to the land categories after the change of
use purposes for cases where the land users select forms of land renting;
e) The calculation of the land use right values shall apply to the regime of
land use levy exemption and reduction according to the Government's
regulations.
Article 37.- Competence to assign land, to lease land, to
permit the change of land use purposes
1. The People's Committees of the provinces and centrally-run cities shall
decide to assign land, to lease, land and permit the change of land use
purposes for organizations; assign land to religious establishments assign
land, lease land to overseas Vietnamese; lease land to foreign organizations
and individuals.
2. The People's Committees of the rural districts, urban districts,
provincial capitals or towns shall decide on land assignment, land lease and
permit the change of land use purposes for households, individuals; assign land
to population communities.
3. The People's Committees of the communes, wards or townships shall lease
land in the agricultural land funds for use for purposes of public utility of
communes, wards or townships.
4. Agencies competent to decide to assign land, lease land and permit the
change of land use purposes, defined in Clauses 1, 2 and 3 of this Article must
not authorize others to do so.
Section 4. LAND RECOVERY
Article 38.- Cases of land recovery
The State shall recover land in the following cases:
1. The State uses land for the purposes of defense, security, national
interests, public interests, economic development;
2. Organizations, which are assigned land by the State without the
collection of land use levies, are assigned land by the State with the
collection of land use levies which originate from the State budget, or are
leased land with the collection of annual land rents, are dissolved, go
bankrupt, move to other locations, reduce or no longer have land use demands;
3. Land is used not for the right purposes, is used inefficiently;
4. The land users deliberately destroy land;
5. Land is assigned not to the right subjects or ultra vires;
6. Land is encroached upon, occupied in the following cases:
a) Unused land is encroached upon, occupied;
b) Land not entitled to use purpose change under the provisions of this Law
and the land users, due to their irresponsibility, let the land be encroached
upon, occupied;
7. Individual land users die without any heirs;
8. Land users voluntarily return the land;
9. Land users deliberately refuse to fulfill their obligations towards the
State;
10. Land, which is assigned or leased by the State for definite terms, is
not entitled to the extension of its use duration upon the expiry thereof;
11. Land under annual crops is not used for twelve months in a row; land
under perennial trees is not used for eighteen months in a row; land for
forestation is not used for twenty four months in a row;
12. Land assigned or leased by the State for execution of investment
projects is not used for twelve months in a row or the use tempo is twenty four
months slower than the tempo inscribed in the investment projects, as from the
time of receiving of the land on the field, without the permission of the
agencies competent to assign or lease such land.
Article 39.- Recovering land for use for purposes of defense,
security, national interests, public interests
1. The State shall recover land, pay compensations, clear ground after the
land use plannings and/or plans are publicized or when the investment projects
with the land use demands being in line with the land use plannings and/or
plans are considered and approved by competent State agencies.
2. At least ninety days before land recovery, for agricultural land, and one
hundred and eighty days, for non-agricultural land, the competent State
agencies shall have to notify the persons with land to be recovered of the
reasons for recovery, time and plan for evacuation, the overall schemes for
compensations, ground clearance and resettlement.
3. After the availability of decisions on land recovery and schemes for
compensations, ground clearance and resettlement, which have already been
considered and approved by competent State agencies, publicized and have come
into force, the persons with land to be recovered must abide by the decisions
on land recovery.
In cases where the persons with land to be recovered refuse to abide by the
land recovery decisions, the People's Committees competent to recover land
shall issue decisions on coercive execution of the decisions. The persons
subject to coercive land recovery must abide by the decisions on coercion and
have the right to lodge their complaints.
Article 40.- Recovering land for use for purposes of economic
development
1. The State shall recover land for use for purposes of economic development
in case of investment in the construction of industrial parks, high-tech parks,
economic zones and big investment projects as provided for by the Government.
The land recovery shall comply with the provisions in Article 39 of this
Law.
2. For production and/or business projects which are compatible with the
approved land use plannings, the investors are entitled to receive the transfer
of, to rent the land use rights, to receive capital contributed with the land
use rights of economic organizations, households and/or individuals without
having to carry out the procedures for land recovery.
Article 41.- Recovery of land and management of recovered land
funds
1. The State shall decide to recover land and assign land to land fund
development organizations set up by the People's Committees of provinces or
centrally-run cities for the recovery of land, compensations, ground clearance
and direct management of the recovered land funds, for cases where after the
land use plannings and/or plans are publicized but no investment projects are
available.
2. The State shall recover land, pay compensations, clear the ground and
assign land to investors for execution of projects, for cases where there have
been investment projects already considered and approved by competent State
agencies.
3. The agencies competent to recover land shall conduct the land recovery
for cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of
Article 38 of this Law and assign the recovered land in rural areas to the
commune People's Committees for management, assign the recovered land in urban
areas and regions already planned for urban development to land fund
development organizations for management.
Article 42.- Compensations, resettlement for people with land
to be recovered
1. The State shall recover land from land users who have the land use right
certificates or are eligible to be granted the land use right certificates as
provided for in Article 50 of this Law, the persons with land to be recovered
shall be compensated therefor, except for cases prescribed in Clauses 2, 3, 4,
5, 6, 7, 8, 9, 10, 11 and 12 of Article 38 and Points b, c, d, e and g, Clause
1, Article 43 of this Law.
2. The persons with land to be recovered shall be compensated with the
assignment of new land of the same use purposes; if having no land for
compensations, shall be compensated with the land use right value at the time
of issuance of the recovery decisions.
3. The People's Committees of the provinces and centrally-run cities shall
elaborate and execute resettlement projects before the land recovery for
compensations with dwelling houses, residential land for persons having
residential land recovered and having to move their places of residence. The
resettlement zones shall be planned generally for many projects in the same
geographical areas and must have development conditions being equal to or
better than the conditions in the former places of residence.
In cases of having no resettlement zones, the persons having land recovered
shall be compensated with money and given priority to purchase or lease
dwelling houses under the State's ownership, for urban areas; be compensated
with residential land, for rural areas; in cases where the use right value of
the recovered residential land is larger than that of the compensation land,
the persons having land recovered shall be compensated with money for such
differences.
4. In case of recovering land of households and/or individuals, that are
directly engaged in production, but having no land for compensation for
continued production, apart from pecuniary compensations, the persons having
land recovered shall be supported by the State to stabilize their lives, with
training for change of their production and/or business lines, with the
arrangement of new jobs.
5. In cases where land users who are compensated by the State upon the
recovery of their land have not yet fulfilled their land-related financial
obligations according to law provisions, the value of the unfulfilled financial
obligations must be subtracted from the value of compensation and support.
6. The Government shall stipulate the compensations and resettlement for the
persons having land recovered and the support for implementation of land
recovery.
Article 43.- Cases of land recovery without compensations
1. The State shall recover land without making land compensation in the
following cases:
a) The land is recovered in cases prescribed in Clauses 2, 3, 4, 5, 6, 7, 8,
9, 10, 11 and 12 of Article 38 of this Law;
b) Protective forest land; special-use forest land; land for construction of
working offices, non-business projects; land used for defense or security
purposes; traffic or irrigation land; land for construction of cultural,
medical, educational and training, physical training and sport projects as well
as other public works not for business purposes; land for cemeteries,
graveyards;
c) Agricultural land used by population communities;
d) Land assigned by the State with the collection of land use levies,
acquired by the land use right transfer and the land use levies or land use
right transfer money originate from the State budget;
e) Land rented from the State;
f) Cases ineligible for the granting of land use right certificates as
prescribed in Article 50 of this Law;
g) Agricultural land used for purposes of public utility of communes, wards
or townships.
2. Upon the land recovery by the State, the persons having land recovered
shall not be compensated for the assets affixed to the land in the following
cases:
a) The assets affixed to land are created in the recovered land areas after
the land use planning and/or plans, urban construction plannings and/or rural
population quarter construction plannings have already been publicized, without
the permission of the competent State agencies;
b) The assets affixed to land are created before the issuance of land
recovery decisions, in contravention of the land use purposes already
determined in the land use plannings and/or plans at the time of building such
works;
c) The land is recovered in the cases prescribed in Clauses 4, 6, 7 and 10
of Article 38 of this Law.
3. Persons having land recovered, who are defined in Clause 1 but do not
fall under Clause 2 of this Article, shall be compensated for the losses of
assets affixed to the recovered land.
4. The Government shall stipulate the handling of land use levies, land
rents and assets already invested on the land in cases of land recovery
prescribed in Clause 2, 3, 5, 8, 9, 11 and 12 of Article 38 of this Law.
Article 44.- Competence to recover land
1. The People's Committees of the provinces or centrally-run cities shall
decide to recover land from organizations, religious establishments, overseas
Vietnamese, foreign organizations and individuals, excluding cases prescribed
in Clause 2 of this Article.
2. The People's Committees of rural districts, urban districts, provincial
capitals or provincial towns shall decide to recover land from households,
individuals, population communities or overseas Vietnamese being subjects
entitled to buy dwelling houses closely associated with the rights to use
residential land in Vietnam.
3. The State agencies competent to recover land as defined in Clauses 1 and
2 of this Article must not authorize others to do so.
Article 45.- Acquisition of land for a given duration
1. The State shall effect definite acquisition of land in cases of urgent
demands of wars, natural calamities or in other emergency circumstances.
Upon the expiry of the land acquisition duration or the attainment of the
acquisition purposes, the State shall return land and pay compensations for
damage caused by the land acquisition to persons subject thereto.
2. The Government shall specify the land acquisition.
Section 5. REGISTRATION OF LAND USE RIGHTS, COMPILATION AND MANAGEMENT OF
CADASTRAL DOSSIERS, GRANTING OF LAND USE RIGHT CERTIFICATES, LAND STATISTICS
AND INVENTORY
Article 46.- Registration of land use rights
The registration of land use rights shall be effected at land use right
registries in the following cases:
1. The current land users have not yet been granted land use right
certificates;
2. The land users exchange, transfer, inherit, donate, lease, sublease the
land use rights; mortgage, provide guarantee or contribute capital with the
land use right under the provisions of this Law;
3. The land use right transferees;
4. The land users who have been already granted the land use right
certificates and are permitted by competent State agencies to change their
names, change the land use purposes, change the land use duration or the
boundaries of land plots alter;
5. The persons who are entitled to use land under judgements or decisions of
People's Courts, judgement execution decisions of judgement execution bodies,
land dispute settlement decisions of competent State agencies, which have
already been executed.
Article 47.- Compilation and management of cadastral dossiers
1. The cadastral dossiers shall include:
a) Cadastral maps;
b) Cadastral books;
c) Land-itemizing books;
d) Land change-monitoring books.
2. The contents of cadastral dossiers shall contain the following
information on land plots:
a) Serial numbers, sizes, shapes, acreage, locations;
b) Land plot users;
c) Origin, use purposes and duration;
d) Land prices, assets affixed to land, land-related financial obligations
already performed and not yet performed;
e) Land use right certificates, rights of, and restrictions on the rights of
land users;
f) Fluctuations in the land use courses and other relevant information.
3. The Ministry of Natural Resources and Environment shall prescribe the
cadastral dossiers and guide the compilation, adjustment and management
thereof.
Article 48.- Land use right certificates
1. Land use right certificates shall be granted to land users in a unified
form applicable nationwide for all land categories.
In cases where there exist assets affixed to land, such assets shall be
acknowledged in the land use right certificates; the asset owners must register
their property ownership according to law provisions on real estate
registration.
2. The land use right certificates shall be issued by the Ministry of
Natural Resources and Environment.
3. Land use right certificates shall be issued for every land plots.
In cases where the land use rights constitute the common property of the
husband and the wife, the land use right certificates must be inscribed clearly
with the full names of both the husband and the wife.
In cases where a land plot is used jointly by many individuals, households
and/or organizations, the land use right certificate shall be issued to each
co-user being individual, household and/or organization.
In cases where a land plot is under the common use right of a population
community, the land use right certificate shall be granted to the population
community and handed to the lawful representative of such population community.
In cases where a land plot is under the common use right of a religious
establishment, the land use right certificate shall be granted to such
religious establishment and handed to the top responsible person of such
religious establishment.
The Government shall specify the granting of land use right certificates for
condominiums and agencies' lodgements.
4. In cases where the land users have already been granted land use right
certificates or certificates of the rights to own dwelling houses and to use
land in urban centers, they shall not have to change such certificates for the
land use right certificates under the provisions of this Law. Upon land use
right transfer, the land use right transferees shall be granted the land use
right certificates according to the provisions of this Law.
Article 49.- Cases where land use right certificates are
granted
The State shall grant land use right certificates to the following cases:
1. The persons who are assigned or leased land by the State, except for case
of renting agricultural land for use for purposes of public utility of
communes, wards or townships;
2. The persons who are assigned or leased land by the State from October 15,
1993 to before the date this Law takes implementation effect but have not yet
been granted the land use right certificates;
3. The persons who are using land under the provisions in Articles 50 and 51
of this Law and have not yet been granted the land use right certificates;
4. The persons who are entitled to exchange, to be transferred, to inherit,
to be presented or donated with, the land use rights; the persons who are
transferred the land use right upon the handling of contracts on mortgage or
guarantee with the land use rights to recover debts; land-using organizations
which are legal persons newly formulated through capital contribution with the
land use rights by the parties;
5. The persons who are entitled to use land under judgements or decisions of
People's Courts, judgement execution decisions of judgement execution bodies or
land dispute settlement decisions of competent State agencies, which have been
already executed;
6. The winners at auctions on the land use rights or bidding for projects
involving land use;
7. The land users defined in Articles 90, 91 and 92 of this Law;
8. The purchasers of dwelling houses affixed to residential land;
9. The persons who are sold by the State dwelling houses affixed to residential
land at liquidation or discount prices.
Article 50.- Granting land use right certificates to
households, individuals or population communities, that are currently using
land
1. Households and individuals, that are using land in a stable manner, with
certification by commune/ward/township People's Committees that it is free from
disputes, and have one of the following papers shall be granted land use right
certificate and must not pay the land use levies:
a) The papers on the right to use land before October 15, 1993, issued by
competent agencies in the course of implementing the land policies of the
Democratic Republic of Vietnam State, the Provisional Revolutionary Government
of the Republic of South Vietnam or the Socialist Republic of Vietnam State;
b) The temporary land use right certificates issued by competent State
agencies or having one's names in the land registers, cadastral books;
c) The lawful papers on inheritance, presentation or donation of land use
right or assets affixed to land; papers on hand-over of gratitude houses
affixed to land;
d) Papers on transfer of land use rights, on purchase and sale of dwelling
houses affixed to residential land before October 15, 1993, and now being
certified by commune/ward/township People's Committees as having been used
before October 15, 1993;
e) Papers on sale at liquidation or discount prices of dwelling houses
affixed to residential land according to law provisions;
f) Papers granted by competent agencies of former regimes to land users.
2. Households and individuals, that are using land and have one of the
papers prescribed in Clause 1 of this Article, which are inscribed with the
names of other persons, and papers on the land use right transfer, which are
signed by the involved parties, but that, before the date this Law takes
implementation effect, have not yet carried out the procedures for the land use
right transfer under the provisions of law and now get the certification of the
commune/ward/or township People's Committee that such land is free from
disputes, shall be granted the land use right certificates and must not pay the
land use levies.
3. Households and individuals, that are using land and have permanent
residence registration in localities and are directly engaged in agricultural
production, forestry, aquaculture or salt-making in mountainous or island
regions under difficult socio-economic conditions, and now certified by the
commune People's Committees of the localities where exists the land that they
are stable land users without any disputes, shall be granted land use right
certificates and must not pay the land use levies.
4. Households and individuals, that are using land without any papers
prescribed in Clause 1 of this Article but the land has been used in a stable
manner before October 15, 1993, is now certified by commune/ward/district
township People's Committees as being free from disputes and compatible with
the approved land use plannings for areas where the land use plannings are
available, shall be granted the land use right certificates and must not pay
the land use levies.
5. Households and individuals, that are entitled to use land under
judgements or decisions of People's Courts, judgement execution decisions of
judgement execution bodies or land dispute settlement decisions of competent
State agencies, which have been already executed, shall be granted the land use
right certificates after they fulfill the financial obligations as provided for
by law.
6. Households and individuals, that are using land without any papers
prescribed in Clause 1 of this Article but the land has been used from October
15, 1993 to before the date this Law takes implementation effect and is now
certified by commune/ward/ township People's Committees as being free from
disputes and compatible with the approved land plannings, for areas where the
land use plannings are available, shall be granted the land use right
certificates and must pay the land use levies according to the Government's
regulations.
7. Households and individuals currently using land, that have been assigned
or leased land by the State from October 15, 1993 to before the date this Law
takes implementation effect and have not yet been granted the land use right
certificates, shall be granted the land use right certificates; in cases where
they have not yet fulfilled the financial obligations, they must fulfill them
as provided for by law.
8. The population communities which are using land with works being communal
houses, temples, shrines, secluded huts, ancestral worshipping houses shall be
granted the land use right certificates when the following conditions are met:
a) They file written applications for the granting of land use right
certificates;
b) They are given certification by commune/ward/township People's Committees
that the land is used commonly for the communities and free from disputes.
Article 51.- Granting land use right certificates to
organizations, religious institutions, which are using land
1. Organizations which are using land shall be granted the land use right
certificates for the land areas used for the right purposes and with
efficiency.
2. The land areas being used by organizations but not granted the land use
right certificates shall be settled as follows:
a) The State shall recover the land areas left unused, used not for the
right purposes or used inefficiently;
b) Organizations must hand over the land areas already used as residential
land to the People's Committees of rural districts, urban districts, provincial
capitals or provincial towns for management; in cases where the State
enterprises engaged in agricultural production, forestry, aquaculture or salt
making and assigned land by the State but such enterprises have permitted
households and/or individuals to use part of the land fund as residential land,
they must rearrange the residential land areas into population quarters and
submit them to the People's Committees of provinces or centrally-run cities
where exist the land for consideration and approval before they are handed over
to the localities for management.
3. For economic organizations which select form of land rent, the
provincial/municipal land-management agencies shall carry out procedures for
signing land-renting contracts before granting the land use right certificates.
4. Religious establishments which are using land shall be granted land use
right certificates when the following conditions are met:
a) The religious establishments are permitted to operate by the State;
b) There are written requests of the religious organizations, which possess
such religious establishments;
c) There are certifications of the land use demands of such religious
establishments by the People's Committees of the communes, wards or township
where exists the land.
Article 52.- Competence to grant land use right certificates
1. The People's Committees of the provinces or centrally-run cities shall
grant land use right certificates to organizations, religious establishments,
overseas Vietnamese, foreign organizations and individuals, except for the
cases prescribed in Clause 2 of this Article.
2. The People's Committees of the rural districts, urban districts,
provincial capitals or provincial towns shall grant land use right certificates
to households, individuals, population communities, overseas Vietnamese who buy
dwelling houses associated to the residential-land use rights.
3. The agencies competent to grant land use right certificates, defined in
Clause 1 of this Article, may authorize the land management agencies of the
same level to do so.
The Government shall prescribe the conditions for authorization of the
granting of land use right certificates.
Article 53.- Land statistics and inventories
1. Land statistics and inventories shall be carried out according to the
following regulations:
a) Units conducting land statistics and inventories shall be communes, wards
and townships;
b) The land statistics shall be carried out once a year;
c) The land inventories shall be carried out once every five years.
2. Responsibilities to conduct land statistics and inventories are
prescribed as follows:
a) The People's Committees at all levels shall organize the land statistics
and inventories in their respective localities;
b) The People's Committees of the rural districts, urban districts,
provincial capitals, provincial towns, communes, wards or townships shall
report on the land statistics and inventory results in their respective
localities to the immediate superior People's Committees; the People's
Committees of the provinces and centrally-run cities shall report on their land
statistics and inventory results to the Ministry of Natural Resources and
Environment;
c) The Ministry of Natural Resources and Environment shall send sum-up
reports to the Government on the results of annual land statistics, the results
of five-year land inventories of the whole country;
d) The Government shall report to the National Assembly on the five-year
land inventory results simultaneously with the five-year land use plans of the
whole country.
3. The Ministry of Natural Resources and Environment shall prescribe the
statistical and inventory forms and guide the methods of land statistics and
inventories.
Section 6. LAND-RELATED FINANCE AND LAND PRICES
Article 54.- Sources of State budget revenues from land
1. The sources of State budget revenues from land shall include:
a) Land use levies in cases of land assignment with the collection of land
use levies, change of land use purposes from the land assigned by the State
without the collection of land use levies to the land assigned by the State with
the collection of land use levies, change from the form of land lease to the
form of land assignment by the State with the collection of land use levies;
b) Land rents, for land leased by the State;
c) Land use tax;
d) Tax on income from land use right transfer;
e) Money collected from sanctioning of violations of land legislation;
f) Compensations paid to the State when damage is caused in land management
and use;
g) Land management and use charges and fees.
2. The Government shall stipulate the collection of land use levies, land
rents, fines on violations of land legislation, compensations paid to the State
when damage is caused in land management and use.
Article 55.- Land prices
Land prices shall be formed in the following cases:
1. They are set by the provincial/municipal People's Committees as provided
for in Clauses 3 and 4 of Article 56 of this Law;
2. The land use rights are put up for auction or the projects involving land
use are open to bidding;
3. The land prices are agreed upon between the land users and the involved
persons upon the exercise of the right to transfer, lease or sublease the land
use rights; to contribute capital with the land use rights.
Article 56.- Land prices prescribed by the State
1. The setting of land prices by the State must ensure the following
principles:
a) They are close to the actual prices of land use right transfer on the
market under normal conditions; in case of big differences as compared to the
actual prices of land use right transfer in the market, appropriate adjustment
must be made;
b) Land plots which are adjacent to each other, share the same natural,
economic, social, infrastructural conditions, have the same current use
purposes, the same use purposes according to plannings shall have the same
price levels;
c) Land in areas bordering on provinces and/or centrally-run cities, which
share the natural and infrastructural conditions, has the same current use
purposes, the same use purposes under plannings shall have the same price
levels.
2. The Government shall stipulate the methods of determining the land
prices; the price frames for various land categories in each region and each
period; cases where the land prices must be adjusted and the handling of
adjacent-land price differences between provinces and/or centrally-run cities.
3. Basing themselves on the land price-determining principles prescribed in
Clause 1 of this Article, the land price-determining methods and assorted-land
price brackets prescribed by the Government, the provincial/municipal People's
Committees shall formulate the specific land prices in their respective
localities and submit them to the People's Councils of the same level for
comments before making decisions thereon.
4. The land prices prescribed by the provincial/municipal People's
Committees shall be publicized on January 1 every year and used as basis for
calculation of land use tax, income tax on land use right transfer; calculation
of land use levies and land rents when land is assigned or leased without going
through auctions of land use rights or bidding for projects involving the land
use; calculation of land use right value when land is assigned without the
collection of land use levies, registration fees, compensations upon land
recovery by the State; calculation of compensations by people who have
committed acts of violating land legislation and causing damage to the State.
Article 57.- Land price consultancy
1. Organizations which are fully qualified, capable and permitted to provide
services on land prices may provide land price consultancy.
2. The determination of consulted land prices must comply with the land
price-determining principles and land price-determining methods prescribed by
the Government.
3. The consulted land prices shall be used for reference in the State
management over land-related finance and in the land use right-related
transaction activities.
Article 58.- Auction on land use rights, bidding for projects
involving land use
1. The State shall assign land with the collection of land use levies, lease
land in forms of land use right auction or bidding for projects involving the
land use in the following cases:
a) Investment in the construction of dwelling houses for sale or lease;
b) Investment in the construction of infrastructures for transfer or lease;
c) Use of land funds to create capital for investment in the construction of
production and/or business establishments;
d) Lease of land in the agricultural land funds, which is used for
public-utility purposes, for agricultural production, forestry, aquaculture or
salt making;
e) Other cases prescribed by the Government.
2. Conducting auctions of land use rights for execution of judgements,
handling of contracts on mortgage of, or guarantee with, the land use rights,
for debt recovery.
3. The winning prices of the land use right value auctions or bid winning
prices of projects involving land use must not be lower than the land prices
set by the provincial/municipal People's Committees.
4. The auctions of the land use rights or bidding for projects involving
land use, which are prescribed in Clauses 1 and 2 of this Article shall comply
with the law provisions on auctions and bidding.
Article 59.- The land use right value in the property of the
organizations assigned land by the State without the collection of land use
levies and in the property of State enterprises
1. For organizations assigned land by the State without the collection of
land use levies, the land use right value shall be calculated into the value of
property assigned to such organizations; the organizations assigned land have
the responsibility to preserve the land funds.
2. The State enterprises which are assigned land by the State with the
collection of land use levies or transferred the land use rights and the paid
land use levies or land use right transfer money have originated from the State
budget, such money amounts shall be inscribed in the value of the State's
capital at the enterprises; the enterprises have the responsibility to preserve
the land funds.
3. Upon the equitization of State enterprises for cases prescribed in Clause
2 of this Article where the equitized enterprises select the form of land
assignment with the collection of land use levies, the value of the rights to
use such land must be determined to be close to the actual land use right
transfer prices on the market.
4. The Government shall specify the calculation of the land use right value
for the cases prescribed in Clauses 1, 2 and 3 of this Article.
Article 60.- Exemption, reduction of land use levies, land
rents
1. Land users who are assigned land by the State with the collection of land
use levies or leased land, shall be entitled to exemption or reduction of land
use levies or land rents in the following cases:
a) Land is used for the purposes of production and/or business in domains or
geographical areas entitled to investment preferences;
b) Land is used for construction of public works for business purposes;
c) The policies on dwelling houses and/or residential land are implemented
for people with meritorious services to the revolution, poor households, ethnic
minority people in regions being under exceptionally difficult socio-economic
conditions;
d) Factories, enterprises must be relocated under plannings;
e) Land is used for construction of condominiums for workers in industrial
parks, students' dormitories, dwelling houses for people who must be relocated
due to natural calamities;
f) Other cases prescribed by the Government.
2. The Government shall specify the exemption and reduction of land use
levies and/or land rents.
Section 7. LAND USE RIGHTS IN THE REAL ESTATE MARKET
Article 61.- Land is entitled to participate in the real
estate market
Land entitled to participate in the real estate market shall cover:
1. The land for which this Law permits the land users to have one of the
rights to exchange, transfer, lease, sublease, inherit, present or donate the
land use rights; to mortgage, provide guarantee or to contribute capital with,
the land use rights;
2. The leased land on which exist assets which are permitted by law for
participation in the real estate market.
Article 62.- Conditions for land to participate in the real
estate market
Land shall be entitled to participate in the real estate market if the users
of such land satisfy all the conditions prescribed in Clause 1, Article 106 of
this Law.
For cases where land is assigned or leased by the State for execution of
investment projects, investment must be made in the land in strict accordance
with the projects already approved by competent State agencies.
Article 63.- Land management in the development of real estate
market
The State shall manage land in the development of real estate market through
the following measures:
1. Organizing the registration of land use right transaction activities;
2. Organizing the registration of activities of land fund development,
investment in the construction of real property for business;
3. Organizing the registration of activities of providing services in
support of the real estate market;
4. Protecting the legitimate rights and interests of the people
participating in land use right transactions in the real estate market;
5. Applying measures to stabilize the land prices and combat land
speculation.
Section 8. ORGANIZING LAND MANAGEMENT AGENCIES
Article 64.- Land management agencies
1. The organizational system of the land management agencies is established
uniformly from the central to grassroots levels.
2. The agency exercising the State management over the land at the central
level is the Ministry of Natural Resources and Environment.
The local land management agencies are set up in the provinces,
centrally-run cities; rural districts, urban districts, provincial capitals and
provincial towns.
The land management agencies at any level are attached to the State
administrative agencies at such level.
The local land management agencies have offices for land use right
registration, which are public-service agencies performing the function of
managing the original cadastral dossiers, uniformly correcting and editing the
cadastral dossiers, serving the land users in exercising their rights and
performing their obligations.
Article 65.- Cadastral officials of communes, wards and
townships
1. Communes, wards and townships have their land administration officials.
2. The commune/ward/district township cadastral officials have the
responsibility to assist the commune/ward/township People's Committees in the
management of land in the localities.
3. The commune/ward/district township cadastral officials are appointed and
dismissed by the People's Committees of rural districts, urban districts,
provincial capitals, provincial towns.
Chapter III
REGIME OF USING LAND OF ASSORTED CATEGORIES
Section 1. LAND USE DURATION
Article 66.- Land for long-term stable use
Land users may use land for stable long terms in the following cases:
1. Protective forest land, special-use forest land;
2. Agricultural land used by population communities prescribed in Clause 4,
Article 71 of this Law;
3. Residential land;
4. Land used as ground for construction of production and/or business
establishments of households or individuals, that are using such land in a
stable manner and have their land use rights recognized by the State;
5. Land for construction of working offices, non-business works prescribed
in Article 88 of this Law;
6. Land used for defense, security purposes;
7. Land used by religious establishments prescribed in Article 99 of this
Law;
8. Land with works being communal houses, temples, shrines, secluded huts,
ancestral worshipping houses thereon;
9. Traffic and irrigation land; land for construction of cultural, medical,
education and training, physical training and sport facilities in service of
public interests and other public works not for business purposes; land with
historical- cultural relics, scenic places;
10. Land for cemeteries, graveyards.
Article 67.- Land with definite use durations
Land users may use land for definite terms in the following cases:
1. The duration of assignment of annual crop land, aquaculture land, salt-
making land to households or individuals for use as prescribed in Clauses 1 and
4, Article 70 of this Law is twenty years; the duration of assignment of
perennial- tree land, production forest land to households or individuals for
use as prescribed in Clauses 2, 3 and 4, Article 70 of this Law is fifty year.
The duration of leasing annual crop land, aquaculture land, salt-making land
to households or individuals for use shall not exceed twenty years; the
duration for leasing perennial tree land, production forest land to households
or individuals for use shall not exceed fifty years.
The duration of land assignment or land lease is counted from the date of
issuance of land assignment or land lease decisions of competent State
agencies; in cases where land had been assigned or leased before October 15,
1993, the land assignment or lease duration is counted from October 15, 1993.
Upon the expiry of such duration, the land users shall continue to be
assigned or leased land by the State if they have the demands for the continued
use thereof, strictly observe the land legislation in the course of land use
and the use of such land is in line with the approved land use plannings;
2. The use duration for the agricultural land areas in excess of the
assigned norms before January 1, 1999 is equal to half of the duration
prescribed in Clause 1 of this Article, then later the users must shift to
lease the land;
3. The land assignment or lease duration for economic organizations for use
for the purposes of agricultural production, forestry, aquaculture,
salf-making; for economic organizations, households and/or individuals for use
as ground for construction of production and/or business establishments; for
economic organizations to execute investment projects; overseas Vietnamese and
foreign organizations and individuals for execution of investment projects in
Vietnam, shall be considered and decided on the basis of investment projects or
the written applications for land assignment or lease, but shall not exceed
fifty years; for projects with large investment capital but slow capital
recovery, projects on investment in geographical areas being under difficult
socio-economic conditions or geographical areas being under exceptionally
difficult socio-economic conditions, which require longer duration, the land
assignment or lease duration shall not exceed seventy years.
Upon the expiry of such duration, the land users shall be considered by the
State for extension of land use duration if they have demands for the continued
use thereof, strictly observe the land legislation in the course of land use
and the use of such land is in line with the approved land use plannings;
4. The land lease duration for construction of working offices of foreign
organizations with diplomatic functions as provided for in Clause 5, Article 9
of this Law shall not exceed ninety nine years.
Upon the expiry of such duration, the foreign organizations with diplomatic
functions shall be considered by the Vietnamese State for the extension thereof
or for lease of other land areas if they have land use demands;
5. The duration of leasing land in the agricultural land fund for use for
purposes of public utility of communes, wards or district townships does not
exceed five years; in cases where land had been leased before January 1, 1999,
the land lease duration is determined according to the land lease contracts.
Article 68.- Land use duration upon change of land use
purposes
1. The land use duration for households, individuals upon the change of land
use purposes is prescribed as follows:
a) In case of changing protective forest land, special-use forest land for
other use purposes, the duration shall be determined according to the duration
of the land category after the change of land use purposes. The land use
duration is counted from the time the land use purposes are changed;
b) In case of change from land under annual crops, land under perennial
trees, production forest land, aquaculture land or salt-making land to land for
planting of protection forests, special-use forests, households and individuals
may use such land for stable long terms;
c) In case of changing use purposes between land categories including annual
crop land, perennial tree land, production forest land, aquaculture land,
salt-making land, the land-using households and individuals may continue using
such land according to the duration of land assignment or lease.
Upon the expiry of the duration, the land-using households and individuals
shall continued to be assigned or leased land by the State if they have the
demands for the continued use thereof, strictly observe the land legislation in
the course of land use and such land use is in line with the approved land use
plannings;
d) In case of changing agricultural land for use for non-agricultural
purposes, the land use duration shall be determined according to the duration
of the land categories after the use purpose change. The land use duration is
counted from the time the land use purpose is changed;
e) In case of changing the use purpose from non-agricultural land with
stable long-term use into non-agricultural land with definite use terms or from
non-agricultural land with definite use terms into non-agricultural land with
stable long-term use, the households and individuals are entitled to use such land
for stable long terms.
2. The land use duration for economic organizations, overseas Vietnamese,
foreign organizations and individuals, that execute investment projects outside
the industrial parks or high-tech parks, when changing land use purposes, shall
be determined according to the investment projects prescribed in Clause 3,
Article 67 of this Law.
3. Economic organizations changing the use purpose from non-agricultural
land with stable long-term use into non-agricultural land with definite use
terms or from non-agricultural land with definite use terms into
non-agricultural land with stable long-term use are entitled to use such land
for stable long terms.
Article 69.- Land use duration upon the receipt of land use
right transfer
1. The land use duration upon the receipt of land use right transfer for
land categories with prescribed duration shall be the remainder of the land use
duration before the land use right transfer.
2. The transferees of land use right for types of land entitled to stable
long-term use are entitled to use such land for stable long terms.
Section 2. AGRICULTURAL LAND
Article 70.- Assignment quotas of agricultural land
1. The assignment quota of annual crop land, aquaculture land, salt-making
land for each household or individual shall not exceed three hectares for each
land category.
2 The assignment quota of perennial tree land for each household or
individual shall not exceed ten hectares for delta communes, wards and
townships; not exceed thirty hectares for midland and mountainous communes,
wards and townships.
3. The assignment quota of protection forest land, production foreign land
for each household or individual shall not exceed thirty hectares for each land
category.
4. In cases where households and/or individuals are assigned land of
different categories, including annual crop land, aquaculture land, salt-making
land, the total land assignment quota shall not exceed five hectares.
In cases where households or individuals are additionally assigned perennial
tree land, the perennial tree land quota shall not exceed five hectares for
delta communes, wards or townships; not exceed twenty five hectares for
mid-land, mountainous communes, wards or district towns.
In cases where households or individuals are additionally assigned
protection forest land, the total production forest land assignment quota shall
not exceed twenty five hectares.
5. Assignment quotas of unused land, bare hills and mountains, surface water
land in the group of unused land for households and individuals for use
according to plannings for agricultural production, forestry, aquaculture, salt
making shall not exceed the land assignment quotas prescribed in Clauses 1, 2
and 3 of this Article and not be calculated into the agricultural land
assignment quotas to households and individuals, prescribed in Clauses 1, 2 and
3 of this Article.
6. The Government shall specify land assignment quotas for each land
category in each region.
Article 71.- Agricultural land used by households, individuals
and/or population communities
1. The agricultural land used by households or individuals includes the
agricultural land assigned or leased by the State; agricultural land acquired
through the rent of land use rights of organizations, other households and/or
individuals; land with the land use rights transferred, inherited, presented or
donated under the provisions of law.
2. The use of agricultural land assigned by the State to households,
individuals is prescribed as follows:
a) Households and individuals, that have been assigned land before this Law
takes implementation effect are entitled to continue using the land for the
remaining land assignment duration;
b) For localities where land has not yet been assigned to households and
individuals under the provisions of land legislation, the People's Committees
of the communes, wards or townships where land exists shall elaborate land
assignment schemes and propose the People's Committees of rural districts,
urban districts, provincial capitals or towns to decide on the land assignment;
c) For localities where the People's Committees of all levels have guided
households and individuals to negotiate land adjustment for one another in the
course of implementing the land policies and legislation before October 15,
1993, that have, so far, used the land in a stable manner, such households and
individuals shall continue using such land;
d) The land use duration for cases prescribed at Points a, b and c of this
Clause shall be determined in accordance with the provisions in Clause 1, Article
66 and Article 67 of this Law.
3. The limits for reception of transfer of the agricultural-land use rights
of households and individuals shall be submitted by the Government to the
National Assembly Standing Committee for decision.
4. The agricultural land used by population communities is prescribed as
follows:
a) Land assigned by the State to population communities for use to conserve
the national identities in association with the customs and practices of
various ethnic minority groups;
b) The population communities assigned agricultural land have the
responsibility to protect the assigned land areas, may use land for
agricultural production in combination with aquaculture and must not use such
land for other purposes.
Article 72.- Agricultural land used for public-utility
purposes
1. Based on the land fund, characteristics and demands of the locality, each
commune, ward or township may set up its own agricultural land fund for use for
public utility purposes, which must not exceed 5% of the total land areas under
annual crops, perennial trees or aquaculture, in service of the public-utility
demands of the locality.
Agricultural land with the land use rights returned, presented or donated to
the State by organizations, households and/or individuals, reclaimed land and
recovered agricultural land constitute sources for formation or supplementation
of the agricultural land funds for use for purposes of public utility of
communes, wards or townships.
For localities where the agricultural land funds used for public-utility
purposes exceed 5%, the excessive land areas shall be used for construction or
for compensation when other land areas are used for construction of public
works of the localities; or be assigned to households and individuals directly
engaged in agricultural production and/or aquaculture in the localities, that
have not yet been assigned land or have lacked land for production.
2. The agricultural land funds used for public-utility purposes of communes,
wards or townships shall be used for construction or compensation when other
land areas are used for construction of public works of the localities; be
leased to households and individuals in the localities for agricultural
production and/or aquaculture and shall be used for other purposes according to
the Government's regulations.
Proceeds from leasing land in the agricultural land funds used for
public-utility purposes must be remitted into the State budget managed by the
commune/ward/township People's Committees, and shall be used only for the
public-utility demands of the communes, wards or townships according to law
provisions.
3. The use of agricultural land funds for public-utility purposes of
communes, wards or townships shall be managed by the People's Committees of the
communes, wards or townships where the land exists.
Article 73.- Agricultural land used by organizations, overseas
Vietnamese, foreign organizations and/or individuals
1. Economic organizations which have demands to use land for agricultural
production, forestry, aquaculture and/or salt making shall be considered by the
State for land assignment with the collection of land use levies or land lease
with the collection of annual land rents.
Overseas Vietnamese who have projects of investment in the fields of
agriculture, forestry, aquaculture and/or salt making, which have already been
examined and approved by competent State agencies, shall be assigned land by
the State with the collection of land use levies or leased land with land rents
collected in lump sum for the whole leasing terms or leased land with the land
rents collected annually, for execution of investment projects.
Foreign organizations and/or individuals that have projects of investment in
the fields of agriculture, forestry, aquaculture, salt making, which have been
already examined and approved by competent State agencies shall be leased land
by the State with land rents collected in lump sum for the whole leasing terms
or collected annually, for the execution of their investment projects.
2. The State enterprises which had been assigned land by the State without
the collection of land use levies for use for the purposes of agricultural
production, forestry, aquaculture and/or salt making before January 1, 1999
must shift to lease land or shall be assigned land with the collection of land
use levies.
3. For organizations which have been assigned land for use for purposes of
agricultural production, forestry, aquaculture and/or salt making, but have not
used such land or have used the land not for the right purposes or
inefficiently, the State shall recover the land for assignment to localities
for use as provided for by this Law.
Article 74.- Land used exclusively for wet rice cultivation
1. The State shall adopt policies to protect the land used exclusively for wet
rice cultivation, restricting the change of wet rice land for use for
non-agricultural purposes. In case of necessity to change part of the land
areas under wet rice for other use purposes, the State shall take measures to
supplement the land areas or increase the use efficiency of wet rice land.
The State shall adopt policies to support and/or invest in the
infrastructure construction, the application of modern science and technologies
to regions planned for wet rice cultivation with high productivity and quality.
2. Wet rice land users have the responsibility to transform and increase the
fertility of the land; must not change to use the land for the purposes of
perennial tree planting, forestation, aquaculture and non-agricultural
purposes, if not so permitted by competent State agencies.
Article 75.- Production forest land
1. Production forest land shall be assigned or leased with land rents
collected annually by the State to economic organizations, households and
individuals for use for purposes of forestry production.
Production forest land shall be assigned or leased with land rents collected
in lump sum for the whole leasing terms or collected annually to overseas
Vietnamese for execution of investment projects for forestry production.
Production forest land shall be leased by the State with land rents
collected in lump sum for the whole leasing terms or collected annually to
foreign organizations and individuals for execution of investment projects for
forestry production.
2. Economic organizations, households and individuals, that have been
assigned or leased production forest land, may use the land areas not yet
covered with forests for planting forests or perennial trees.
3. Economic organizations, overseas Vietnamese, foreign organizations and individuals,
that use production forest land, may combine the use with business in
sight-seeing and ecological-environmental tourism under forest coverage.
4. Concentrated-production forest land in areas far from population
quarters, which cannot be assigned directly to households and individuals,
shall be assigned by the State to organizations for protection and development
of forests in combination with agricultural production, forestry and/or
aquaculture.
Article 76.- Protection forest land
1. The protection forest land shall include:
a) Head-water protection forest land;
b) Wind-shield, sand-shield protection forest land;
c) Anti- sea tide, sea encroachment protection forest land;
d) Ecological environment protection forest land.
2. The State shall assign the head-water protection forest land to
protection forest- managing organizations for management, protection and
development of forests.
3. The protection forest- managing organizations shall contract head-water
protection forest land to households and/or individuals living there for
protection and development of the forests. The People's Committees of
districts, provincial capitals or provincial towns shall assign residential
land, agricultural production land to such households and individuals for use.
4. Protection forest land which has not yet been managed by any
organizations and land planned for protection forest planting shall be assigned
to organizations, households and individuals therein, that have demands and
capability to protect and develop the forests.
5. The provincial/municipal People's Committees shall decide to permit
economic organizations which are leased protection forest land in the regions
to combine the use thereof with business in sight-seeing, ecological
environment tourism under forest coverage.
6. The Government shall specify the assignment and contracting of protection
forest land; the rights, obligations and interests of organizations, households
and individuals, that are assigned or contracted the protection forest land.
Article 77.- Special-use forest land
1. The State shall assign special-use forest land to the special-use
forest-managing organizations for management and protection according to land
use plannings and plans, already approved by competent State agencies.
2. The special-use forest-managing organizations shall contract for short
terms the special-use forest land in strictly protected areas to households
and/or individuals, that have had no conditions to move out of those areas, for
forest protection.
3. The special-use forest- managing organizations shall contract special-use
forest land in ecological rehabilitation areas to households and/or
individuals, that lead a stable life therein, for protection and development of
forests.
4. The People's Committees which are competent to assign and/or lease land
shall decide on the assignment and/or lease of land in the buffer zones of the
special-use forests to organizations, households and individuals for use for
the purposes of forestry production, research or experimentation or combination
thereof with defense and/or security according to plannings on development of
forests in the buffer zones.
5. The provincial/municipal People's Committees shall decide to permit the
economic organizations which are leased special- use forest land in their
respective regions to combine such with business in sight-seeing, ecological
environment tourism under forest coverage.
6. The Government shall specify the contracting of special-use forest land;
the rights, obligations and interests of organizations, households and/or
individuals, that are contracted special-use forest land; the assignment and
lease of land in buffer zones of special-use forests; the lease of special-use
forest land for combination with business in sight-seeing, ecological
environment tourism under forest coverage.
Article 78.- Land with inland water surface
The use of land with inland water surface for aquaculture, agricultural
production is stipulated as follows:
1. Ponds, lakes and lagoons shall be assigned or leased by the State with
land rents collected annually to economic organizations, households and/or
individuals for use for purposes of aquaculture and/or agricultural production.
Ponds, lakes and lagoons shall be assigned or leased by the State with land
rents collected in lump sum for the whole leasing terms or collected annually
to overseas Vietnamese for execution of investment projects on aquaculture
and/or agricultural production.
Ponds, lakes and lagoons shall be leased by the State with land rents
collected in lump sum for the whole leasing terms or collected annually to
foreign organizations and/or individuals for execution of investment projects
on aquaculture and/or agricultural production;
2. For lakes or lagoons, which lie in geographical areas stretching over
many communes, wards and/or district towns, the use thereof shall be decided by
the People's Committees of rural districts, urban districts, provincial
capitals or provincial towns. For lakes or lagoons, which lie in geographical
areas stretching over many rural districts, urban districts, provincial
capitals or provincial towns, the use thereof shall be decided by the People's
Committees of the provinces or centrally-run cities. For lakes or lagoons,
which lie in geographical areas stretching over various provinces or
centrally-run cities, the use thereof shall be stipulated by the Government.
Article 79.- Coastal water surface land
1. Coastal water surface land shall be leased by the State with land rents
collected annually to economic organizations, households and individuals for
use for purposes of aquaculture, agricultural production, forestry and/or salt
making.
Coastal water surface land shall be leased by the State with land rents
collected annually to overseas Vietnamese, foreign organizations and
individuals for execution of investment projects on aquaculture, agricultural
production, forestry and/or salt making.
2. The use of coastal water surface land for aquaculture, agricultural
production, forestry and/or salt making shall comply with the following
regulations:
a) Being strictly in accordance with the approved land use plannings, plans;
b) Protecting land, increasing the coastal land deposit;
c) Protecting the ecological system, environment and landscapes;
d) Not impeding the protection of national security and marine navigation.
Article 80.- Riparian and coastal alluvial land
1. Riparian and coastal alluvial land includes riparian alluvial land, river
isle land, coastal alluvial land and marine island land.
2. Riparian and coastal alluvial land in the areas of any communes, wards or
townships shall be managed by the People's Committees of such communes, wards
or townships.
Riparian and coastal alluvial land subject to frequent deposition or slides
shall be managed and protected by the People's Committees of rural districts,
urban districts, provincial capitals or provincial towns according to the
Government's regulations.
3. Riparian and coastal alluvial land shall be leased by the State with land
rents collected annually to economic organizations, households and individuals
for use for purposes of agricultural production, forestry, aquaculture, salt
making.
Unused riparian and coastal alluvial land shall be assigned by the State to
households and individuals in localities, that have not yet been assigned land
or lack production land for use for purposes of agricultural production,
forestry, aquaculture and/or salt making.
Riparian and coastal alluvial land shall be leased by the State with land
rents collected annually to overseas Vietnamese and foreign organizations as
well as individuals for execution of investment projects on agricultural
production, forestry, aquaculture, salt making.
4. Households and individuals that have been assigned riparian or coastal
alluvial land shall be entitled to continue using it for the remaining land use
duration.
5.The State encourages economic organizations, households and individuals to
invest in the use of riparian and coastal alluvial land.
Article 81.- Salt-making land
1. Salt-making land shall be assigned or leased by the State with land rents
collected annually to economic organizations, households and individuals for
salt production.
Salt-making land shall be assigned or leased by the State with land rents
collected in lump sum for the whole leasing terms or collected annually to
foreign organizations and individuals for execution of investment projects on
salt making.
2. Regions with land for making salt with high productivity and high quality
must be protected and prioritized for salt making.
3. The State encourages the use of potential salt-making land regions to
produce salt in service of industrial and daily-life demands.
Article 82.- Land used for farm economy
1. The State encourages the form of farm economy practiced by households and
individuals in order to efficiently exploit land for development of production,
expansion and raising of the quality of land use in agricultural production,
forestry, aquaculture, salt making in combination with services, processing and
consumption of agricultural products.
2. Land used for farm economy includes land assigned by the State without
the collection of the land use levies within the limits of land assigned to
households and individuals directly engaged in agricultural production,
forestry, aquaculture and/or salt making, as prescribed in Article 70 of this
Law; land leased by the State; land rented, transferred, bequeathed, presented
or donated; land contracted by organizations; land contributed by households
and/or individuals.
3. Households and individuals that use land for farm economy may take
initiative in changing the use purposes of land of various categories according
to production and/or business schemes already approved by the People's
Committees of rural districts, urban districts, provincial capitals or
provincial towns.
4. Households and individuals, that are using land for farm economy in
accordance with the approved land use plannings and/or plans and obtain the
certification by the commune/ward/township People's Committees that such land
is free from disputes, shall be entitled to continue using the land according
to the following regulations:
a) In cases where the land has been assigned without the collection of land
use levies within the limits of land assigned to households and individuals
directly engaged in agricultural production, forestry, aquaculture and/or salt
making, such households and individuals shall be entitled to continue using the
land for the remaining duration;
b) In cases where the land has been assigned without the collection of land
use levies to households and individuals that are not directly engaged in
agricultural production, forestry, aquaculture and/or salt making, such
households and individuals must shift to rent land;
c) In cases where the land is leased by the State, transferred, bequeathed
or contracted by organizations, contributed as capital by households and/or
individuals, the land shall continue to be used under the provisions of this
Law.
5. It is strictly prohibited to abuse the form of farm economy to appropriate
and accumulate land not for production purposes.
Section 3. NON-AGRICULTURAL LAND
Article 83.- Rural residential land
1. Residential land of households, individuals in the countryside includes
land for construction of dwelling houses, construction of works in service of
daily life, gardens, ponds within the same land plots in the rural population
quarters, compatible with plannings on construction of rural population
quarters, which have already been approved by competent State agencies.
2. Basing themselves on the local land funds and plannings for rural
development, which have been already approved by competent State agencies, the
provincial/municipal People's Committees shall prescribe the limit of land
assigned to each household, each individual for construction of dwelling houses
in rural areas, suitable to local conditions and practices.
3. The distribution of rural residential land in the land use plannings or
plans must be in line with the plannings for public works, non-business works,
ensure convenience for production and daily life of people, environmental
sanitation and follow the direction of rural modernization.
4. The State shall adopt policies to create conditions for rural dwellers to
have their residential places on the basis of making full use of land in the
existing population quarters, restricting the expansion of population quarters
on agricultural land; prohibit the construction of dwelling houses along
traffic axes in contravention of population zone plannings already approved by
competent State agencies.
Article 84.- Urban residential land
1. Urban residential land includes land for construction of dwelling houses,
construction of works in service of daily life on the same land plots in urban
population quarters, compatible with urban construction plannings already
approved by competent State agencies.
2. Urban residential land must be arranged synchronously with land used for
the construction of public works, non-business works, ensuring environmental
sanitation and modern urban landscapes.
3. The State shall elaborate plannings on the use of land for construction
of dwelling houses in urban centers, and adopt policies to create conditions
for urban dwellers to have residential places.
4. The provincial/municipal People's Committees shall assign or lease urban
residential land in the following cases:
a) Assigning residential land to economic organizations, overseas Vietnamese
for the execution of investment projects on construction of dwelling houses for
sale or lease;
b) Leasing residential land with land rents collected annually to overseas
Vietnamese, foreign organizations and individuals for execution of investment
projects on construction of dwelling houses for lease;
c) Leasing residential land with land rents collected in lump sum for the
whole leasing term to overseas Vietnamese, foreign organizations and
individuals for execution of investment projects on construction of dwelling
houses for sale or lease under the Government's regulations.
5. The provincial/municipal People's Committees shall base themselves on
urban construction plannings and land funds of their respective localities to
prescribe the limit of residential land assigned to each household, individual
for self-construction of dwelling houses for cases of lacking conditions for
land assignment under investment projects on construction of dwelling houses.
6. The conversion of residential land into one used as ground for
construction of production and/or business establishments must ensure the
compliance with the urban construction plannings and comply with the
regulations on urban order, safety and environmental protection.
Article 85.- Land for construction of condominiums
1. Condominium land includes land for construction of condominiums,
construction of works in direct service of daily life of the condominium
households according to construction plannings already approved by competent
State agencies.
2. The planning of land for construction of condominiums must ensure the
compatibility with the plannings on public works, environmental protection.
3. The Government shall specify the condominium land use regime.
Article 86.- Land used for replenishment and development of
urban centers and rural population quarters
1. Land used for urban replenishment and development includes land for
replenishment of existing urban areas; land planned for urban expansion or
development of new urban centers.
Land used for replenishment and development of rural population quarters
includes land for replenishment within the existing population quarters, land
in the agricultural land funds used for public-utility purposes.
2. The use of land for replenishment and development of urban centers, rural
population quarters must ensure the compatibility with the detailed land use
plannings, detailed land use plans, urban construction plannings, rural
population quarter construction plannings, which have already been approved,
and with the construction standards and norms promulgated by competent State
agencies.
3. The provincial/municipal People's Committees shall organize the
elaboration of plans on land use and assignment to economic organizations,
overseas Vietnamese, foreign organizations and/or individuals for execution of
projects according to law provisions on investment for replenishment or
construction of new urban centers, new rural population quarters. Land for
these projects must be distributed synchronously in the land use plannings
and/or plans of the whole regions, including land for construction of
infrastructures, dwelling houses, land for construction of public works,
non-business works, land used as ground for construction of production and/or
business establishments. Land for projects on replenishment and/or construction
of urban centers, new rural population quarters includes land for expansion and
construction of roads and land along roads in compatibility with the
requirements to ensure modern urban landscapes.
4. For population communities, which construct and/or replenish works in
service of their common interests with sources of capital contributed by people
or supported by the State, the voluntary contribution of land use rights,
compensations or support shall be agreed upon between the population
communities and the users of such land.
Article 87.- Determination of residential land areas where
exist gardens, ponds
1. Garden and/or pond land determined as residential land must lie in the
same land plots where exist dwelling houses in population areas.
2. For cases where land plots with gardens and/or ponds have been created
between December 18, 1980 and the date this Law takes implementation effect and
the current users possess one of the land use right papers prescribed in
Clauses 1, 2 and 5, Article 50 of this Law, such garden and/or pond land areas
shall be determined as residential land.
3. For cases where land plots with gardens and/or ponds have been created
between December 18, 1980 and the date this Law takes implementation effect and
the current users possess one of the land use right papers prescribed in
Clauses 1, 2 and 5, Article 50 of this Law and that paper clearly states the
residential land areas, the land areas with gardens and/or ponds are determined
according to such paper.
4. In cases where the land plots with gardens and/or ponds have been created
between December 18, 1980 and the date this Law takes implementation effect and
the current users possess one of the land use right papers prescribed in
Clauses 1, 2 and 5, Article 50 of this Law and that paper does not clearly
state the residential land areas, the land areas with gardens and/or ponds
shall be determined as follows:
a) The provincial/municipal People's Committees shall base themselves on the
local conditions and practices to prescribe the residential land limits to be
recognized according to the numbers of people in the households;
b) In cases where land plots cover areas larger than the recognized
residential land limits in the localities, the residential land areas shall be
determined as equal to the recognized residential land limits in the localities;
c) In cases where land plots cover areas smaller than the recognized
residential land limits in the localities, the residential land areas shall be
determined as the whole areas of such land plots.
5. For cases where the land use right papers prescribed in Clauses 1, 2 and
5, Article 50 of this Law are not available, the residential land areas where
exist gardens and/or ponds shall be determined according to the limit of land
assigned to each household, individual, as prescribed in Clause 2 of Article 83
and Clause 5 of Article 84 of this Law.
Article 88.- Land for construction of working offices,
non-business works
1. Land for construction of working offices, construction of non-business
works shall include:
a) Land for the construction of working offices of State agencies, political
organizations, socio-political organizations, public non-business
organizations;
b) Land for the construction of working offices of other organizations,
which shall be decided by the Government, except for the cases prescribed at
Point a of this Clause;
c) Land for the construction of non-business works in the economic,
cultural, social, scientific and technological or diplomatic sectors or domains
of State agencies, political organizations, socio-political organizations,
public non-business organizations.
2. The use of land prescribed in Clause 1 of this Article must be compatible
with land use plannings and plans, urban construction plannings and/or rural
population quarter construction plannings, which have been already approved by
competent State agencies.
3. Heads of the agencies or organizations, which are assigned land, have the
responsibility to keep whole the assigned land areas and use the land for the
right purposes.
It is strictly forbidden to use land assigned for construction of working
offices, construction of non-business works for other purposes.
Article 89.- Land used for defense and/or security purposes
1. Land used for defense and/or security purposes shall include:
a) Land for army units to station;
b) Land for construction of military bases;
c) Land for construction of national defense works, battlefields and/or
special defense or security works;
d) Land for construction of military railways stations and/or ports;
e) Land for construction of industrial, scientific and technological works
in direct service of defense and/or security;
f) Land for construction of warehouses of the people's armed forces;
g) Land for construction of shooting grounds, drill-grounds, weapon- testing
grounds, weaponry-destroying grounds;
h) Land for construction of schools, hospitals or sanitariums of the
people's armed forces;
i) Land for construction of official-duty buildings of the people's armed
forces;
j) Land for construction of detention camps, education camps, reformatories,
which are managed by the Ministry of Defense or the Ministry of Public
Security;
k) Land for construction of other defense or security works, which shall be
prescribed by the Government.
2. The provincial/municipal People's Committees shall exercise the State
management over the land used for defense or security purposes in their
respective localities.
The Ministry of Defense and the Ministry of Public Security shall coordinate
with the provincial/municipal People's Committees in elaborating plannings and
plans on the use of land for defense or security purposes, ensuring their
compatibility with the requirements of socio-economic development as well as
defense and security consolidation.
3. For areas where land is planned for defense and/or security purposes, but
has not been used yet, the current users may continue using such land until the
competent State agencies issue decisions to recover the land, but must not
change the natural terrain.
Article 90.- Land for industrial zones
1. The industrial-zone land shall include land for construction of
industrial clusters, industrial parks, export-processing zones and other
concentrated production and/or business zones under the same land use regime.
2. The use of land for construction of industrial zones must conform to the
detailed land use plannings, detailed land use plans, detailed industrial-zone
construction plannings, which have been already approved by competent State
agencies. The elaboration of detailed industrial-zone construction plannings
must ensure their synchronism with plannings on dwelling houses and public
works in service of daily life of laborers working in the industrial zones.
3. The State shall assign land with the collection of land use levies or
lease land with land rents collected annually to economic organizations,
overseas Vietnamese; lease land with land rents collected in lump sum for the
whole leasing terms or collected annually to overseas Vietnamese, foreign
organizations and individuals for investment in the construction of, and
dealing in, industrial-zone infrastructures.
For land areas used for construction of infrastructures for common use in
industrial zones, the investors shall not have to pay land use levies or land
rents.
4. Economic organizations, households and/or individuals investing in
production and/or business in industrial zones may select forms of land
assignment with the collection of land use levies or land lease from the State;
be transferred, rent or re-rent, land affixed with infrastructures of other
economic organizations or overseas Vietnamese that invest in the construction
of, and dealing in, industrial-zone infrastructures; re-rent land affixed with
infrastructures of foreign organizations or individuals that invest in the
construction of, and dealing in, industrial-zone infrastructures.
Overseas Vietnamese investing in production and/or business in industrial
zones may select form of land assignment with the collection of land use
levies, rent land from the State with lump-sum payment of land rents for the
whole leasing terms or annual payment of land rents; rent land, or re-rent land
affixed with infrastructures of economic organizations, other overseas
Vietnamese investing in the construction of, and dealing in, the
industrial-zone infrastructures; re-rent land affixed with infrastructures of
foreign organizations and/or individuals that invest in the construction of,
and dealing in, the industrial-zone infrastructures.
Foreign organizations and individuals investing in production and/or
business in industrial zones may select form of land lease from the State with
land rents paid in lump sum for the whole leasing terms or paid annually; rent
or re-rent land affixed with infrastructures of economic organizations or
overseas Vietnamese that invest in the construction of, and dealing in, the
industrial-zone infrastructures; re-rent land affixed with infrastructures of
other foreign organizations and/or individuals that invest in the construction
of, and dealing in, the industrial-zone infrastructure.
5. Users of land in industrial zones must use land for the set right
purposes, shall be granted land use right certificates and have the rights and
obligations as prescribed by this Law.
In case of transfer of the right to use land in industrial zones, the
transferees must continue using the land for the set right purposes.
6. Persons who re-rent land in industrial zones before this Law takes
implementation effect and have already paid the land rents for the whole
subleasing terms or paid the land rents in advance for many years while the
paid remaining subleasing duration remains at least five years shall, for
economic organizations, have the rights prescribed in Article 110 of this Law,
or, for households and individuals, have the rights prescribed in Article 113 of
this Law.
Article 91.- Land used for hi-tech parks
1. Land used for hi-tech parks under the Prime Minister's decisions on the
establishments thereof shall include assorted land under different use regimes
in service of hi-tech product manufacture and/or trading; hi-tech research
development and application; hi-tech human resource training.
2. Hi-tech park management boards shall be assigned land once for the entire
hi-tech parks by provincial/municipal People's Committees, may re-assign land
or lease land with land rents collected annually to organizations and
individuals; re-assign or lease land with land rents collected in lump sum for
the whole leasing terms or collected annually to overseas Vietnamese; lease
land with land rents collected in lump sum for the whole leasing terms or
collected annually to foreign organizations and individuals that use land in
the hi-tech parks.
Land users that are re-assigned land in hi-tech parks by the hi-tech park
management boards shall have the same rights and obligations as when they are
assigned land by the State according to the provisions of this Law; the land
users that are leased land in hi-tech parks by the hi-tech park management
boards shall have the same rights and obligations as when they are leased land
by the State according to the provisions of this Law.
3. Detailed land use plannings and detailed land use plans shall be
elaborated commonly for the whole hi-tech parks.
4. The State encourages organizations, overseas Vietnamese, foreign
organizations and individuals to invest in the construction of, and dealing in,
infrastructures in hi-tech parks and encourages organizations, individuals,
overseas Vietnamese, foreign organizations and individuals to use land for the
purposes of scientific and technological development.
5. Persons who use land in hi-tech parks must use the land for the set right
purposes, shall be granted land use right certificates and have the rights and
obligations as prescribed by this Law.
In case of transfer of the rights to use land in hi-tech parks, the
transferees must continue to use the land for the set right purposes.
6. The Government shall specify the management and use of land in hi-tech
parks.
Article 92.- Land used for economic zones
1. Land used for economic zones includes land for construction of open
economic zones, border-gate economic zones and other economic zones set up
under the Prime Minister's decisions. Land used for economic zones includes
assorted land with different use regimes in exclusive zones, aiming to provide
special incentives for investment and export activities.
2. The provincial/municipal People's Committees shall assign land to the
economic zone management boards with regard to the land areas recovered under
the economic zone development plannings already approved by competent State
agencies.
The economic zone management boards may re-assign land or lease land with
land rents collected annually to organizations, households and individuals;
re-assign land or lease land with land rents collected in lump sum for the
whole leasing term or collected annually to overseas Vietnamese; lease land
with land rents collected in lump sum for the whole leasing term or collected
annually to foreign organizations and individuals that use land in the economic
zones.
Land users re-assigned land in economic zones by economic zone management
boards shall have the same rights and obligations as when they are assigned
land according to the provisions of this Law; land users leased land in
economic zones by economic zone management boards shall have the same rights
and obligations as when they are leased land by the State according to the
provisions of this Law.
3. Detailed land use plannings and detailed land use plans shall be
elaborated commonly for the whole economic zones.
4. The State encourages investment in the construction of, and dealing in,
infrastructures in economic zones and encourages the use of land for economic
development purposes.
5. The land use regime, the rights and obligations of users of land in
economic zones shall be applicable to each category of land under the
provisions of this Law.
6. The Government shall specify the management and use of land in economic
zones.
Article 93.- Land used as ground for construction of
production and/or business establishments
1. Land used as ground for construction of production and/or business
establishments includes land for construction of industrial, cottage-industrial
or handicraft production establishments; construction of trade or service
business establishments and other works in service of production and/or
business.
2. The use of land as ground for construction of production and/or business
establishments must be in line with the detailed land use plannings, detailed
land use plans, urban construction plannings and/or rural population quarter
construction plannings, which have been already approved, and comply with the
regulations on environment protection.
3. Economic organizations, households and individuals, that use land as
ground for construction of production and/or business establishments, may
select form of receiving land assigned with the collection of land use levies
or leasing land of the State; receiving the land use right transfer from,
renting land or re-renting land of, or receiving the capital contribution with
the land use right of, other economic organizations, households or individuals,
overseas Vietnamese; re-renting land affixed with infrastructures of foreign
organizations or individuals.
Overseas Vietnamese who use land as ground for construction of production
and/or business establishments may select form of receiving land assigned with
land use levy collection, renting land of the State with land rents paid in
lump sum for the whole leasing term or paid annually; renting land, re-renting
land of economic organizations, households, individuals or other overseas
Vietnamese; re-renting land affixed with infrastructures of foreign
organizations or individuals. Overseas Vietnamese being subjects prescribed in
Clause 1, Article 121 of this Law may also be bequeathed, presented or donated
the rights to use land as ground for construction of production and/or business
establishments.
Foreign organizations and individuals, that use land as ground for
construction of production and/or business establishments, may select form of
leasing land of the State with land rents paid in lump sum for the whole
leasing terms or paid annually; renting land or re-renting land of economic
organizations, overseas Vietnamese; re-renting land affixed with infrastructure
of other foreign organizations and/or individuals.
Article 94.- Land used for mineral activities
1. Land used for mineral activities includes land for mineral exploration,
exploitation and processing.
2. Land for mineral exploration and/or exploitation shall be leased by the
State with land rents collected annually to organizations, individuals,
overseas Vietnamese, foreign organizations or individuals, that are allowed to
execute projects on mineral exploration and/or exploitation.
Land used as ground for mineral processing shall be categorized as
non-agricultural production and/or business land subject to the land use regime
prescribed for land used as ground for construction of production and/or
business establishments, as provided for in Article 93 of this Law.
3. The use of land for mineral activities must comply with the following
regulations:
a) Having permits for mineral activities and decisions on land lease for
mineral exploration and/or exploitation or decisions on land assignment or land
lease for use as ground for mineral processing, which are issued by competent
State agencies;
b) Applying measures for environment protection, waste treatment and other
measures so as not to cause damage to land users in the areas and nearby
regions;
c) Using land in accordance with the tempo of mineral exploration and/or
exploitation; upon the completion of mineral exploration or exploitation, the
land users have the responsibility to return the land strictly in the state
prescribed in the land lease contracts;
d) In cases where mineral exploration or exploitation does not require the
use of surface land or does not affect the use of land surface, land must not
be leased.
Article 95.- Land for production of building materials,
pottery articles
1. Land for production of building materials or pottery articles includes
land used for exploitation of raw materials for, and land used as ground for,
processing or production of building materials or pottery articles.
2. Land for raw material exploitation shall be leased by the State with land
rents collected annually to organizations, households and individuals, that are
allowed to exploit raw materials for production of building materials or
pottery articles; to overseas Vietnamese and foreign organizations or
individuals, that are allowed to implement investment projects on exploitation
of raw materials for production of building materials or pottery articles.
Land used as ground for production of building materials or pottery articles
is categorized as non-agricultural production and/or business land subject to
the land use regime prescribed for land used as ground for construction of
production and/or business establishments, as provided for in Article 93 of
this Law.
3. The use of land for production of building materials or pottery articles
must comply with the following regulations:
a) Having decisions to lease land for use for the purpose of raw material
exploitation or decisions to assign land or lease land for processing or
production of building materials or pottery articles, which are issued by
competent State agencies;
b) Applying necessary measures so as not to cause damage to production and
daily life and not to adversely affect environment;
c) Upon the completion of raw material exploitation, the land users have the
responsibility to return the land strictly in the state prescribed in the land
lease contracts.
Article 96.- Land used for public purposes
1. The use of land for public purposes must be in line with the detailed
land use plannings, detailed land use plans, urban construction plannings
and/or rural population quarter construction plannings, which have been already
approved by competent State agencies.
2. The State encourages the use of land for the purposes of developing
culture, healthcare, education and training, physical training and sports.
3. Land used as ground for construction of public works for business
purposes shall be subject to the land use regime applicable to land used as
ground for construction of production and/or business establishments as provided
for in Article 93 of this Law.
Article 97.- Land used for construction of public works with
safety protection corridors
1. Land for construction of public works with safety protection corridors
includes land for construction of traffic, irrigation, dyke systems, water
supply systems, water drainage systems, waste treatment systems, electricity
transmission, petrol, oil or gas pipe lines, communications systems and land in
the corridors for safety protection of these works.
2. The use of land for construction of public works with safety protection
corridors must ensure the combination with the exploitation of the aerial
spaces and underground areas, effecting the combined arrangement of assorted
works in the same land plots for economical use of land and must comply with
specialized law provisions related to the safety protection of works.
3. The law-recognized current users of land which lies within the works
safety protection corridors may continue using such land for the set right
purposes and must not impede the work's safety protection.
In cases where the land use affect the safety protection of works, the works
owners and land users must apply remedial measures; if remedies cannot be
achieved, the State shall recover the land and pay compensations according to
law provisions.
4. Agencies or organizations directly managing works with safety protection
corridors have the responsibility to publicize the boundaries of works safety
protection corridors, take the prime responsibility for the safety protection
of the works; in cases where works safety protection corridors are illegally
encroached upon, occupied and/or used, they must promptly report such to, and
request the People's Committees of the communes, wards or townships where the
safety protection corridors are illegally encroached upon, occupied and/or used
to handle the cases.
5. The People's Committees at all levels in localities where exist works
with safety protection corridors have the responsibility to coordinate with
agencies or organizations, which directly manage the works, in propagating and
disseminating the legislation on works safety protection; publicizing
boundaries for use of land in the works safety protection corridors; and in
handling in time cases of illegally encroaching upon, occupying and/or using
works safety protection corridors.
Article 98.- Land with historical- cultural relics, famous
landscapes
1. Land with classified historical-cultural relics and/or famous landscapes
or being protected under decisions of provincial/municipal People's Committees
must be strictly managed.
2. In case of extreme necessity to use land with historical-cultural relics
and/or famous landscapes for other purposes, the permission of competent State
agencies is required.
Article 99.- Land used by religious establishments
1. Land used by religious establishments includes land, which belongs to
pagodas, churches, shrines, chancels, monasteries, religious training schools,
offices of religious organizations, or other religious establishments which are
permitted by the State for operation.
2. The provincial/municipal People's Committees shall base themselves on the
State's religious policies and their local land funds to decide on land areas
assigned to religious establishments.
Article 100.- Land with works being communal houses, temples,
shrines, small pagodas, worship halls, ancestral worship houses
1. The use of land where exist works being communal houses, temples,
shrines, small pagodas, worship halls, ancestral worship houses must be for the
right purposes, comply with the detailed land use plannings, detailed land use
plans, urban construction plannings and/or rural population quarter
construction plannings, which have been already approved by competent State
agencies.
2. The construction or expansion of communal works must be permitted by
competent State agencies.
Article 101.- Land for cemeteries, graveyards
1. Land for cemeteries or graveyards must be planned into concentrated
areas, far from population quarters, convenient for burials and visits,
hygienic and economical.
2. The provincial/municipal People's Committees shall prescribe the land
limits and management regimes for the construction of tombs, monuments, steles
in cemeteries, graveyards.
Article 102.- River, brook, canal, ditch, stream and
special-use water surface land
1. On the basis of the determined primary use purposes, the river, brook,
canal, ditch, stream and special-use water surface land shall be managed and
used in according with the following regulations:
a) The State shall assign such land to organizations for management in
combination with use, exploitation of special-use water surface land for
non-agricultural purposes or non-agricultural production in combination with
culture and exploitation of aquatic products;
b) The State shall lease river, brook, canal or stream land with land rents
collected annually to economic organizations, households and individuals for
aquaculture;
c) The State shall lease river, brook, canal, ditch and/or stream land with
land rents collected annually to overseas Vietnamese and/or foreign
organizations and individuals for execution of investment projects on
aquaculture.
2. The exploitation and use of river, brook, canal, ditch, stream and
special-use water surface land must not affect the set primary use purposes;
must comply with technical regulations of the relevant branches or sectors as
well as regulations on protection of scenic places and environment; must not
impede the natural flows; must not obstruct waterway navigation.
Section 4. UNUSED LAND
Article 103.- Management of unused land
1. The commune/ward/township People's Committees have the responsibility to
manage and protect unused land in the localities and register such land into
the cadastral dossiers.
2. The provincial/municipal People's Committees shall manage unused land on
islands not yet inhabited by people.
Article 104.- Putting unused land into use
1. Basing themselves on the approved land use plannings and plans, the
People's Committees of all levels shall work out plans on investment, land
reclamation of virgin land, re-cultivation on unused land, soil improvement in
order to put unused land into use.
2. The State encourages organizations, households and individuals to take
and invest in unused land in order to put such land into use.
3. For land areas planned for agricultural use purposes, they shall be
assigned with priority to households and individuals directly engaged in
agricultural production, forestry, aquaculture, salt making in the localities,
that have not yet been assigned land or lack production land.
Chapter IV
RIGHTS AND OBLIGATIONS OF LAND USERS
Section 1. GENERAL PROVISIONS ON RIGHTS AND OBLIGATIONS OF LAND USERS
Article 105.- Common rights of land users
The land users shall have the following common rights:
1. To be granted land use right certificates;
2. To enjoy yields of labor on, and results of investment in, land;
3. To benefit from the State's projects on agricultural land protection and
improvement;
4. To be guided and assisted by the State in improving and enriching
agricultural land;
5. To be protected by the State when other people infringe upon their lawful
land use rights;
6. To complain about, denounce, and initiate lawsuits against, acts of
violating their lawful land use rights and other acts of violating the land
legislation.
Article 106.- The rights to exchange, transfer, lease,
sublease, inherit, present or donate the land use rights; the rights to
mortgage, provide guarantee or contribute capital with, the land use rights;
the rights to be compensated upon land recovery by the State
1. The land users are entitled to exercise their rights to exchange,
transfer, lease, sublease, inherit, present or donate the land use rights; to
mortgage, provide guarantee or contribute capital with, the land use rights as
provided for in Clause 2, Article 110; Clauses 2 and 3 of Article 112; Clauses
2, 3, 4, 5, 6, 7 and 8 of Article 113; Clause 2 of Article 115; Point b of
Clause 1, Points b, c, d, e and f of Clause 3, Article 119; Point b, Clause 1,
Points b and c, Clause 2, Article 120 of this Law when the following conditions
are met:
a) They have land use right certificates;
b) The land is free from disputes;
c) Their land use rights are not inventoried to ensure the execution of
judgements;
d). Their land use duration has not yet expired.
2. Land users shall be compensated when the State recovers their land as
provided for in Section 4, Chapter II of this Law.
Article 107.- Common obligations of land users
The land users shall have the following common obligations:
1. To use the land for the right purposes, strictly within the boundaries of
their land plots, in strict accordance with the regulations on the use of
underground depth and the aerial height, the protection of underground public
works and in compliance with other law provisions;
2. To register their land use rights, to fully carry out procedures upon the
exchange, transfer, lease, sublease, inheritance, presentation or donation of
the land use rights; mortgage of, provision of guarantee or contribution of
capital with, the land use rights according to the provisions of law;
3. To fulfill the financial obligations as prescribed by law;
4. To apply measures to protect land;
5. To comply with the regulations on environment protection, not to cause
harms to the legitimate interests of relevant land users;
6. To comply with law provisions on the finding of underground objects;
7. To return land when the State issues land recovery decisions or upon the
expiry of the land use duration.
Article 108.- The right to select forms of land assignment,
land lease
1. Economic organizations, households and individuals, that use land as
ground for construction of production and/or business establishments or use
land for construction of public works for business purposes; economic
organizations which use land for purposes of investment in the construction of
infrastructures for transfer or lease, use land for agricultural production,
forestry, aquaculture, salt making may select form of land assignment with the
collection of land use levies or land lease.
2. Overseas Vietnamese who execute investment projects in Vietnam may select
form of land assignment with the collection of land use levies or land lease
with land rents paid annually or land lease with land rents paid in lump sum
for the whole leasing terms.
3. Foreign organizations and individuals, that execute investment projects
in Vietnam, and foreign organizations with diplomatic functions may select form
of land lease with land rents paid annually or land lease with land rents paid
in lump sum for the whole leasing terms.
4. Economic organizations, households, individuals or overseas Vietnamese,
that have leased land from the State for use as ground for construction of
production and/or business establishments, construction of public works for
business purposes, construction of infrastructures for transfer or lease, may
shift to form of land assignment with the collection of land use levies if they
have such demand and must fulfill the financial obligations as provided for by
law.
Section 2. RIGHTS AND OBLIGATIONS OF LAND-USING ORGANIZATIONS
Article 109.- Rights and obligations of the organizations
assigned land by the State without the collection of land use levies
1. Organizations which are assigned land by the State without the collection
of land use levies shall have the rights and obligations prescribed in Articles
105 and 107 of this Law.
2. Organizations which are assigned land by the State without the collection
of land use levies are not entitled to exchange, transfer, present, donate or
lease their land use rights; mortgage, provide guarantee or contribute capital
with, the land use rights.
3. Economic organizations which are assigned land by the State without the
collection of land use levies for construction of works not with the State
budget capital sources are not entitled to sell the assets under their
ownership, which are affixed to land; to mortgage, provide guarantee or
contribute capital with, their own assets affixed to land. The asset purchasers
shall continue to be assigned land by the State without the collection of land
use levies for the set purposes.
Article 110.- Rights and obligations of economic organizations
assigned land by the State with the collection of land use levies
1. Economic organizations which are assigned land by the State with the
collection of land use levies shall have the rights and obligations prescribed
in Articles 105 and 107 of this Law.
2. Economic organizations which are assigned land by the State with the
collection of land use levies paid not from the State budget sources shall have
the following rights and obligations:
a) To transfer the land use rights and architectural works or
infrastructures, which have been already constructed on the land;
b) To lease the land use rights and architectural works or infrastructures,
which have been already built on the land;
c) To present as gift or donate the land use rights to the State, to present
as gift or donate the land use rights to population communities for
construction of works in service of the communities' common interests, to
present as gift or donate gratitude houses affixed to land according to law
provisions;
d) To mortgage, provide guarantee with, the land use rights and assets under
their ownership, which are affixed to land, at credit institutions licensed to
operate in Vietnam in order to borrow capital according to law provisions;
e) To contribute capital with the land use rights and assets under their
ownership, which are affixed to land, for production and/or business cooperation
with organizations, individuals, overseas Vietnamese, foreign organizations
and/or individuals according to law provisions.
3. Economic organizations which are assigned land by the State with the
collection of land use levies paid from the State budget sources shall have the
rights and obligations prescribed in Clauses 2 and 3, Article 109 of this Law.
Article 111.- Rights and obligations of economic organizations
using leased land
1. Economic organizations which are leased land by the State shall have the
following rights and obligations:
a) The rights and obligations prescribed in Articles 105 and 107 of this
Law;
b) To mortgage, provide guarantee with, assets under their ownership, which
are affixed to the leased land, at credit institutions licensed to operate in
Vietnam in order to borrow capital for production and/business as provided for
by law;
c) To sell assets, to contribute capital with assets under their ownership,
which are affixed to the leased land; the asset purchasers shall continue to be
leased land by the State for the set purposes;
d) To sublease land where infrastructures are completely built in case of
being permitted to invest in the construction and deal in infrastructures in
industrial parks, hi-tech parks or economic zones;
e) Economic organizations, which have been leased land by the State before
this Law takes implementation effect and already paid the land rents for the
whole leasing terms or have already paid in advance land rents for many years
while the paid land leasing duration remains for at least five years, shall
have the rights and obligations prescribed in Article 110 of this Law in the
paid land leasing duration; in cases where they have the demand to shift to the
form of land assignment with the collection of land use levies, they must pay
the land use levies minus the paid land rents, and have the rights and
obligations prescribed in Article 110 of this Law.
2. Economic organizations which re-rent land in industrial parks shall have
the rights and obligations prescribed in Clause 1 of this Article.
3. Economic organizations which use leased land of organizations, households
or individuals, which do not fall under the case prescribed in Clause 2 of this
Article shall have the rights and obligations under the provisions of civil
legislation.
Article 112.- Rights and obligations of economic organizations
which are transferred the land use rights, permitted to change land use
purposes
1. Economic organizations which are transferred the land use rights,
permitted to change land use purposes shall have the rights and obligations
prescribed in Articles 105 and 107 of this Law.
2. Economic organizations, which are transferred the land use rights and the
money paid for such transfer does not come from the State budget sources, shall
have the rights and obligations prescribed in Clause 2, Article 110 of this
Law.
In cases where they are transferred the land use right and the money paid
for such transfer originates from the State budget, they shall have the rights
and obligations prescribed in Clauses 2 and 3, Article 109 of this Law.
3. The rights and obligations of the economic organizations which use land
and are permitted by competent State agencies to change the land use purposes
from land without the collection of land use levies to land with the collection
of land use levies are prescribed as follows:
a) Where the land use levies already paid for the change of land use
purposes do not come from the State budget sources while the land-using
economic organizations select form of land assignment with the collection of
land use levies, they shall have the rights and obligations prescribed in
Clause 2, Article 110 of this Law;
b) Where the land use levies already paid for the change of land use
purposes do not come from the State budget sources while the land-using
economic organizations select form of land lease, they shall have the rights
and obligations prescribed at Points b, c and d, Clause 1, Article 111 of this
Law;
c) Where the land use levies already paid for the change of land use
purposes originate from the State budget, they shall have the rights and
obligations prescribed in Clauses 2 and 3, Article 109 of this Law.
Section 3. RIGHTS AND OBLIGATIONS OF LAND-USING HOUSEHOLDS, INDIVIDUALS,
POPULATION COMMUNITIES
Article 113.- Rights and obligations of households and
individuals, that use land other than leased land
Household and individuals that use land other than leased land shall have
the following rights and obligations:
1. The rights and obligations prescribed in Articles 105 and 107 of this
Law;
2. To exchange the rights to use agricultural land in the same communes,
wards or townships with other households and individuals;
3. To transfer the land use rights, except for cases of conditional transfer
under the regulations of the Government;
4. To lease the land use rights to organizations, households, individuals or
overseas Vietnamese investing in Vietnam;
5. Individuals may bequeath their land use rights under testaments or under
law.
If a member of a household, which is assigned land by the State, dies, the
land use rights of such member may be bequeathed under his/her testament or
under law.
In cases where heirs are overseas Vietnamese who fall into the subjects
prescribed in Clause 1, Article 121 of this Law, they are entitled to inherit
the land use rights; if they do not fall into the subjects defined in Clause 1,
Article 121 of this Law, they shall be entitled to enjoy the value of such
inheritance;
6. To present as gift or donate the land use rights as provided for at Point
c, Clause 2, Article 110 of this Law; to present as gift or donate the land use
rights to households, individuals or overseas Vietnamese who fall into the
subjects defined in Clause 1, Article 121 of this Law;
7. To mortgage, provide guarantee with, the land use rights at credit
institutions licensed to operate in Vietnam, at economic organizations or
individuals to borrow capital for production and/or business;
8. To contribute capital with the land use rights to organizations,
households, individuals and/or overseas Vietnamese for production and/or
business cooperation.
Article 114.- Rights and obligations of households and
individuals, that use leased land
1. Households and individuals, that are leased land by the State, shall have
the following rights and obligations:
a) The rights and obligations prescribed in Articles 105 and 107 of this
Law;
b) To sell, bequeath, present or donate assets under their ownership, which
are affixed to leased land; the persons who purchase, inherit, are presented
with, or donated the assets shall continue be leased the land by the State for
the set purposes;
c) To mortgage, provide guarantee with, the assets under their ownership,
which are affixed to the leased land, at credit organizations licensed to operate
in Vietnam, at economic organizations or individuals in order to borrow capital
for production and business;
d) To contribute capital with the assets under their ownership, which are
affixed to the leased land, during the leasing terms to organizations,
households, individuals or overseas Vietnamese for production and/or business
cooperation.
2. Households and individuals, that have been leased land by the State
before this Law takes implementation effect and already paid the land rents for
the whole leasing terms or paid the land rents in advance for many years, shall
have the rights and obligations prescribed in Clauses 1, 3, 4, 5, 6, 7 and 8,
Article 113 of this Law in the paid leasing duration; in cases where they have
the demand to shift to the form of land assignment with the collection of land
use levies, they must pay the land use levies minus the paid land rents and
shall have the rights and obligations prescribed in Article 113 of this Law.
3. Households and individuals, that re-rent land in industrial parks, shall
have the rights and obligations prescribed in Clause 1 of this Article.
4. Households and individuals, that use leased land of organizations,
households or individuals not falling into the cases prescribed in Clause 3 of
this Article, shall have the rights and obligations as provided for by civil
legislation.
Article 115.- Rights and obligations of households and
individuals that change the land use purpose from land without the collection
of land use levies to land with the collection of land use levies or to land
lease
1. Households and individuals that change the land use purpose from land
without the collection of land use levies to land with the collection of land
use levies or land lease shall have the rights and obligations prescribed in
Articles 105 and 107 of this Law.
2. The rights and obligations of land-using households and individuals, that
are permitted by competent State agencies to change the land use purpose from
land without the collection of land use levies to land with the collection of
land use levies or land lease, are prescribed as follows:
a) In case of selecting the form of land assignment with the collection of
land use levies, they shall have the rights and obligations prescribed in
Clauses 2, 3, 4, 5, 6, 7 and 8, Article 113 of this Law;
b) In case of selecting the form of land lease, they shall have the rights
and obligations prescribed at Points b, c and d, Clause 1, Article 114 of this
Law.
Article 116.- Settlement of cases where the State has borrowed
land of households or individuals
1. Households or individuals, that have previously let State agencies borrow
land and now have land use demand, shall file their dossiers to the People's
Committees of provinces or centrally-run cities where exists the borrowed land.
Such a dossier shall include:
a) One of the papers on the land use rights as prescribed in Clauses 1, 2
and 5, Article 50 of this Law;
b) The land-borrowing paper signed by the involved parties at the time of
borrowing land;
c) The written application requesting the return of land use rights.
2. The provincial/municipal People's Committees have the responsibility to
consider and settle such cases. If the dossiers are valid, the cases shall be
settled by the following modes:
a) Returning the rights to use the borrowed land if such land has not yet
been assigned to other persons for use;
b) Making pecuriary compensations or assignment of new land, new residence
places, if such land has been already assigned to other persons for use.
3. The Government shall specify the settlement of cases where the State has
borrowed land of households or individuals.
Article 117.- Rights and obligations of religious
establishments and population communities which use land
1. Religious establishments and population communities, that use land, shall
have the rights and obligations prescribed in Articles 105 and 107 of this Law.
2. Religious establishments and population communities, that use land, must
not exchange, transfer, lease, present or donate the land use rights; must not
mortgage, provide guarantee or contribute capital with, the land use rights.
Section 4. RIGHTS AND OBLIGATIONS OF OVERSEAS VIETNAMESE, FOREIGN
ORGANIZATIONS AND INDIVIDUALS, THAT USE LAND
Article 118.- Rights and obligations of foreign organizations with
diplomatic functions
Foreign organizations that have diplomatic functions and use land in Vietnam
shall have the following rights and obligations:
1. The rights and obligations prescribed in Article 105 and 107 of this Law;
2. To construct works on land under the permits issued by competent
Vietnamese State agencies;
3. To own the works they have constructed on the leased land during the
leasing terms;
4. Apart from the rights prescribed in Clauses 1, 2 and 3 of this Article,
to enjoy the rights prescribed by international treaties which the Socialist
Republic of Vietnam has signed or acceded to; to enjoy other rights inscribed
in land lease contracts.
Article 119.- Rights and obligations of overseas Vietnamese,
foreign organizations and individuals, that use land for execution of
investment projects in Vietnam
1. Overseas Vietnamese who return for investment in Vietnam and are assigned
land by the State with the collection of land use levies shall have the
following rights and obligations:
a) The rights and obligations prescribed in Articles 105 and 107 of this
Law;
b) The rights and obligations prescribed in Clause 2, Article 110 of this
Law.
2. Overseas Vietnamese, foreign organizations and individuals, that invest
in Vietnam and are leased land by the Vietnamese State with land rents
collected annually, shall have the following rights and obligations:
a) The rights and obligations prescribed in Articles 105 and 107 of this
Law;
b) To mortgage, provide guarantee or contribute capital with, assets under their
ownership, which are affixed to the leased land, at credit organizations
licensed to operate in Vietnam;
c) To sell assets under their ownership, which are affixed to the leased
land; in cases where the asset purchasers are organizations or individuals,
they shall be assigned land or leased land by the State with land rents
collected annually; in cases where the asset purchasers are foreign
organizations or individuals, they shall be leased land by the State with land
rents collected in lump sum for the whole leasing terms or collected annually.
The land assignees or lessees shall continue to use the land for the right set
purposes in the remaining duration;
d) To lease dwelling houses in cases where they are permitted to invest in
the construction of dwelling houses for business purposes.
3. Overseas Vietnamese and foreign organizations or individuals, that invest
in Vietnam and are leased land by the Vietnamese State with land rents
collected in lump sum for the whole leasing term, shall have the following
rights and obligations:
a) The rights and obligations prescribed in Articles 105 and 107 of this
Law;
b) To transfer the rights to use the leased land and their own assets
affixed thereto during the land lease terms;
c) To sublease the land use rights and their own assets affixed thereto
during the land lease terms;
d) To mortgage, provide guarantee with, the rights to use the leased land
and their assets affixed thereto at credit organizations licensed to operate in
Vietnam during the land lease terms;
e) To contribute capital with the rights to use the leased land and their
own assets affixed thereto for production and/or business cooperation during
the land lease term;
f) In cases where they are permitted to invest in the construction of
dwelling houses for business purposes, they shall have the rights to sell or
lease the dwelling houses according to the Government's regulations; the
dwelling house purchasers shall be granted the land use right certificates
according to the provisions of this Law.
Article 120.- Rights and obligations of overseas Vietnamese
and foreign organizations and individuals, that use land in industrial parks,
hi-tech parks or economic zones
1. Overseas Vietnamese who are transferred the rights to use land in
industrial parks, hi-tech parks or economic zones shall have the following
rights and obligations:
a) The rights and obligations prescribed in Articles 105 and 107 of this
Law;
b) The rights and obligations prescribed in Clause 2, Article 110 of this
Law.
2. Overseas Vietnamese, foreign organizations and individuals, that rent
land or re-rent land in industrial parks, hi-tech parks or economic zones,
shall have the following rights and obligations:
a) The rights and obligations prescribed in Articles 105 and 107 of this
Law;
b) To sell, mortgage, provide guarantee or contribute capital with, their
own assets affixed to leased land or subleased land, for cases where land rents
are paid annually;
c) To transfer the rights to use leased land or sub-leased land and their
own assets affixed thereto; to mortgage or provide guarantee with, the rights
to use the leased land, subleased land and their own assets affixed thereto at
credit organizations licensed to operate in Vietnam; to contribute capital with
the right to use the leased land or subleased land and their own assets affixed
thereto for cooperation or joint venture with organizations, individuals,
overseas Vietnamese, foreign organizations or individuals during the terms of
land lease or sublease, for cases where land rents have been already paid in
lump sum for the whole terms of land lease or sublease.
Article 121.- Rights and obligations of overseas Vietnamese
who are allowed to buy dwelling houses associated to the rights to use
residential land in Vietnam
1. Overseas Vietnamese being the following subjects shall be entitled to buy
dwelling houses associated to the rights to use residential land in Vietnam:
a) Persons who return for long-term investment and have demands for dwelling
houses during their investment in Vietnam;
b) Persons who have made meritorious contributions to the country;
c) Cultural activists and scientists, who have the demand to return for
regular activities in Vietnam in order to serve the cause of national
construction;
d) Persons who have demands to return for a stable life in Vietnam;
e) Other subjects as prescribed by the National Assembly Standing Committee.
2. Overseas Vietnamese who buy dwelling houses associated with the rights to
use land in Vietnam shall have the following rights and obligations:
a) The rights and obligations prescribed in Articles 105 and 107 of this
Law;
b) To sell dwelling houses affixed to residential land to organizations,
households, individuals and/or overseas Vietnamese being the subjects defined
in Clause 1 of this Article;
c) To mortgage dwelling houses affixed to residential land at credit
organizations licensed to operate in Vietnam;
d) To bequeath dwelling houses associated with the rights to use residential
land to households, individuals, overseas Vietnamese being the subjects defined
in Clause 1 of this Article according to the provisions of civil law; in cases
where the heirs are overseas Vietnamese other than the subjects defined in
Clause 1 of this Article or foreign individuals, they shall be entitled to enjoy
the values of such inheritances;
e) To present as gift or donate dwelling houses associated with the rights
to use residential land to the State, population communities, to present or
donate gratitude houses under the provisions at Point c, Clause 2, Article 110
of this Law; to present or donate dwelling houses associated with the rights to
use residential land to households, individuals or overseas Vietnamese being
the subjects defined in Clause 1 of this Article.
Chapter V
ADMINISTRATIVE PROCEDURES FOR LAND MANAGEMENT AND USE
Article 122.- Order and procedures for land assignment, land
lease, granting of land use certificates to land assignees, land lessees
1. The dossiers of application for land assignment or land lease shall be
submitted according to the following regulations:
a) Organizations, overseas Vietnamese, foreign organizations and
individuals, that apply for land assignment or land lease, shall file two sets
of dossiers at the land management offices of the provinces or centrally-run
cities where exists the land.
Households and individuals, that apply for land assignment or land lease,
shall file two sets of dossiers at the land management offices of rural
districts, urban districts, provincial capitals or towns where exists the land;
b) The dossiers of application for land assignment or land lease shall each
comprise the application for land assignment or land lease; investment projects
of organizations under the provisions of legislation on investment; for
overseas Vietnamese, foreign organizations and individuals, there must be
investment projects and copies of the investment licenses under the provisions
of legislation on investment, with certification by State notary public.
2. Land assignment and land lease with regard to land with ground being
already cleared are stipulated as follows:
a) Within no more than ten working days as from the date of receiving the
complete and valid dossiers, the dossier-receiving agencies shall have to
extract the cadastral maps or cadastral measurement of the land plots applied
for assignment or lease; determine the amounts of land use levy or land rent;
carry out procedures for land assignment, land lease, granting of land use
right certificates according to regulations and hand decisions on land
assignment or land lease to land assignees or land lessees;
b) Within no more than ten working days as from the dates when the land
assignees or land lessees fulfill their financial obligations according to law
provisions, the land management offices shall sign land lease contracts, for
case of land lease, organize the hand over of land on the field and hand the
land use right certificates to the land assignees or land lessees.
3. The land assignment and land lease with regard to land with ground being
not yet cleared are stipulated as follows:
a) Within no more than thirty working days as from the date of receiving the
complete and valid dossiers, the dossier- receiving agencies shall have to
complete the recommendation of locations; extract cadastral maps or cadastral
meassurement of the land plots applied for assignment or lease; determine the
land use levy or land rent amounts; carry out procedures for land assignment,
land lease, the granting of land use right certificates according to
regulations and hand land assignment or land lease decisions to land assignees
or land lessees;
b) Basing themselves on the land assignment or land lease decisions of
competent State agencies, the People's Committees of rural districts, urban
districts, provincial capitals or towns shall organize the compensations and
ground clearance;
c) Within no more than ten working days as from the date of completing the
ground clearance and the land assignees or land lessees have fulfilled their
financial obligations according to law provisions, the land management agencies
shall sign land lease contracts for case of land lease; organize the hand over
of land on the field and hand the land use right certificates to land assignees
or land lessees.
Article 123.- Order and procedures for granting of land use
right certificates to current land users
1. The submission of dossiers of application for land use right certificates
is stipulated as follows:
a) The applicants for land use right certificates shall file their dossiers
at the land use right registries; in cases where rural households or
individuals apply for land use right certificates, they shall file their
dossiers at the People's Committees of the communes where exists the land for
transfer to the land use right registries;
b) The dossiers of application for land use right certificates shall each
comprise the written application for land use right certificate, the land use
right papers prescribed in Clauses 1, 2 and 5, Article 50 of this Law (if any),
letters of authorization of the application for land use right certificate (if
any).
2. Within no more than fifty working days as from the date of receiving the
complete and valid dossiers, the land use right registries shall have to
transfer the dossiers to the land management offices of the People's Committees
competent to grant the land use right certificates for carrying out the
procedures for granting the land use right certificates; in cases where the
financial obligations must be fulfilled while such financial obligations are
determined according to the cadastral data, the land use right registries shall
forward the cadastral data to the tax offices for determination of the
financial obligation levels according to law provisions; notify the land use
right certificate grantees to fulfill the financial obligations; in cases where
conditions are not met, they shall return the dossiers and notify the reasons
therefor to the land use right certificate applicants.
3. Within five working days as from the date of fulfilling their financial
obligations, the land use right certificate grantees shall go to the places
where they submitted their dossiers to receive the land use right certificates.
Article 124.- Order and procedures for registration of land
use purpose changes for cases where permission is not required
1. Persons who wish to change the land use purposes shall file their land
use purpose change declarations and land use right certificates at the land use
right registries; for households and individuals in rural areas, such papers
shall be filed at the People's Committees of the communes where exists the land
for transfer to the land use right registries.
2. Within no more than seven working days as from the date of receiving the
papers prescribed in Clause 1 of this Article, the land use right registries
shall have to verify the registration declarations and transfer the land use
right certificates to the land management offices of the People's Committees
competent to grant the land use right certificates for adjustment and transfer
the adjusted land use right certificates to the places where the dossiers were
received for return to the land use purpose change registrants.
Article 125.- Order and procedures for land use purpose
changes for cases where permission is required
1. The submission of dossiers of application for land use purpose changes
for cases where permission is required is stipulated as follows:
a) Organizations, overseas Vietnamese and foreign organizations or
individuals, that apply for land use purpose changes, shall file their dossiers
at the land management offices of the provinces or centrally-run cities where
exists the land.
Households and individuals, that apply for land use purpose changes, shall
file their dossiers at the land management offices of rural districts, urban
districts, provincial capitals or provincial towns, where exists the land;
b) The dossiers of application for land use purpose changes shall each
comprise the written application for land use purpose change, the land use
right certificate and the investment project of the organization as provided
for by the legislation on investment.
2. Within no more than twenty working days as from the date of receiving the
complete and valid dossiers, the dossier-receiving agencies shall have to carry
out the administrative procedures to permit the land use purpose changes;
determine the land use levy collection level for cases where the land use
levies must be paid, notify the persons permitted to change the land use
purposes to fulfill their financial obligations according to law provisions; in
cases where the conditions are not fully met, they shall return the dossiers
and notify the reasons therefor to the land use purpose change applicants.
3. Within five working days as from the date the persons permitted to change
the land use purposes fulfill their financial obligations according to law
provisions, the dossier-receiving agencies shall hand the adjusted land use
right certificates to the persons who have been permitted to change the land
use purposes.
Article 126.- Order and procedures for exchange of land use
rights of households, individuals
1. The submission of dossiers of land use right exchanges is stipulated as
follows:
a) The dossiers of land use right exchanges shall be filed at the People's
Committees of communes, wards or townships where exists the land for transfer
to the land use right registries;
b) The dossiers of land use right exchanges shall each comprise the contract
on land use right exchange and the land use right certificate.
The contracts for exchanges of land use right of households or individuals
must be certified by the People's Committees of communes, wards or district
townships where exists the land, or certified by the State notary public.
2. Within no more than ten working days as from the date of receiving the
complete and valid dossiers, the land use right registries shall transfer the
dossiers to the land management agencies of rural districts, urban districts,
provincial capitals or provincial towns for carrying out the procedures for
granting of land use right certificates.
Where the exchanging parties must fulfill their financial obligations while
such financial obligations are determined according to the cadastral data, the
land use right registries shall send the cadastral data to the tax offices for
determination of the financial obligations according to law provisions; the
land use right registries shall notify the exchanging parties to fulfill their
financial obligations.
Within no more than five working days as from the date for fulfilling their
financial obligations, the exchanging parties shall receive the land use right
certificates at the places where they have submitted their dossiers.
Article 127.- Order and procedures for land use right transfer
1. The submission of dossiers of land use right transfer is stipulated as
follows:
a) The land use right transfer dossiers shall be filed at the land use right
registries; for households and individuals in rural areas, such dossiers shall
be filed at the People's Committees of communes where exists the land for
transfer to the land use right registries;
b) The land use right transfer dossiers shall each comprise the land use
right transfer contract and the land use right certificate.
The land use right transfer contracts must be certified by the State notary
public; for land use right transfer contracts of households or individuals, the
form of certification by the State notary public or authentication by the
People's Committees of communes, wards or townships where exists the land may
be opted for.
2. Within no more than fifteen working days as from the date of receiving
the complete and valid dossiers, the land use right registries shall have to
verify the dossiers, then transfer them to the land management agencies of the
People's Committees competent to grant the land use right certificates for
carrying out the procedures to grant the land use right certificates.
Where parties to the transfer must fulfill their financial obligations while
such financial obligations are determined according to the cadastral data, the
land use right registries shall send the cadastral data to the tax offices for
determination of the financial obligations according to law provisions; the
land use right certificate registries shall notify the parties to the transfer
to fulfill their financial obligations.
Within no more than five working days as from the date of fulfilling their
financial obligations, the parties engaged in the land use right transfer shall
receive the land use right certificates at the places where they have submitted
their dossiers.
Article 128.- Order and procedures for lease, sublease of land
use rights
1. The submission of dossiers on land use right lease or sublease
(hereinafter referred collectively to as land use right lease) is stipulated as
follows:
a) The land use right lease dossiers shall be filed at the land use right
registries; in cases where households and individuals use land in rural areas,
such dossiers shall be filed at the People's Committees of communes where
exists the land for transfer to the land use right registries;
b) The land use right lease dossiers shall each comprise the contract on
land use right lease and the land use right certificate.
The land use right lease contracts must be notarized; for land use right
lease contracts of households or individuals, the form of certification by the
State notary public or authentication by the People's Committees of communes,
wards or townships where exists the land may be opted for.
2. Within no more than five working days as from the date of receiving
complete and valid dossiers, the land use right registries shall carry out the
procedures to register the land use right lease in the cadastral dossiers and
the land use right certificates; return the land use right lease contracts and
the land use right certificates to the land lessors at the places where they
have submitted their dossiers.
Article 129.- Order and procedures for registration of
inheritance, presentation or donation of land use rights
1. The submission of dossiers for inheritance, presentation or donation of
land use rights is stipulated as follows:
a) The dossiers for inheritance, presentation or donation of land use right
shall be filed at the land use right registries; in cases where households and
individuals use land in rural areas, the dossiers shall be submitted at the
People's Committees of the communes where exists the land for transfer to the
land use right registries;
b) The dossiers for land use right inheritance shall each comprise the
testament or record on division of inheritances or the people's court's
judgement or decision on settlement of disputes over the inheritance of the
land use right, which has already come into force, and the land use right
certificate; in cases where there is only one heir, the inheritance dossier
shall comprise the written application and the land use right certificate.
A dossier for land use right presentation or donation shall comprise the
written commitments to presentation or donation or the contract on presentation
or donation of the land use rights and the land use right certificate.
The written commitments to presentation or donation or the contracts on
presentation or donation of the land use right of households, individuals or
overseas Vietnamese must be authenticated by the People's Committees of
communes, wards or townships where exists the land or certified by the State
notary public.
2. Within no more than ten working days as from the date of receiving the
complete and valid dossiers, the land use right registries shall have to verify
the dossiers, then transfer them to the land management agencies of the
People's Committees competent to grant land use right certificates for carrying
out the procedures to grant the land use right certificates.
In cases where the land use right transferees must fulfill their financial
obligations which are determined according to the cadastral data, the land use
right registries shall send the cadastral data to the tax offices for
determination of the financial obligations according to law provisions; the
land use right registries shall notify the land use right transferees to
fulfill their financial obligations.
Within no more than five working days as from the date of fulfilling their
financial obligations, the land use right transferees shall receive the land
use right certificates at the places where they have submitted their dossiers.
Article 130.- Order and procedures of registering, deleting
the registration of the mortgage of, or provision of guarantee with, land use
rights and handling of the mortgaged or guaranteed land use rights to retrieve
debts
1. The registration of the mortgage of, provision of guarantee with, the
land use rights is stipulated as follows:
a) The dossiers for registration of the mortgage of, provision of guarantee
with, the land use rights shall each comprise the contract on mortgage of, or
provision of guarantee with, the land use right and the land use right
certificate. The dossiers shall be filed at the land use right registries; in
cases where the mortgagors or the guaranteed are households or individuals in
rural areas, the dossiers shall be filed at the People's Committees of the
communes where exists the land for transfer to the land use right registries.
The contracts on mortgage of, or provision of guarantee with, the land use
rights must be certified by the State notary public; for land use right
mortgage or guarantee contracts of households or individuals, the form of
certification by the State notary public or authentication by the People's Committees
of the communes, wards or townships where exists the land may be opted for;
b) Within no more than five working days as from the date of signing credit
contracts, the land use right mortgagors or guaranteed shall submit the
dossiers for registration of the mortgage or guarantee according to the
provisions at Point a of this Clause;
c) Within no more than five working days as from the date of receiving the
complete and valid dossiers, the land use right registries shall register the
mortgage or guarantee into the cadastral dossiers, the land use right
certificates and return the land use right certificates to the guarantees or
mortgagees.
2. The deletion of land use right mortgage or guarantee registration is
stipulated as follows:
a) After fulfilling their debt repayment obligations, the land use right
mortgagors or guaranteed shall send their written applications for deletion of
mortgage or guarantee registration to the places where the mortgage or
guarantee has been registered;
b) Within no more than five working days as from the date of receiving the
written applications for deletion of mortgage or guarantee registration, the
land use right registries shall check the performance of debt repayment
obligations by the applicants for deletion of mortgage or guarantee
registration and delete the mortgage or guarantee registration in the cadastral
dossiers and the land use right certificates; in cases where it is necessary to
withdraw or grant the land use right certificates when handling the mortgaged
or guaranteed land use rights to retrieve debts, the land use right registries
shall send the dossiers to the land management agencies of the competent
People's Committees for carrying out the procedures to withdraw or grant the
land use right certificates.
3. The handling of mortgaged or guaranteed land use rights to retrieve debts
is stipulated as follows:
a) When the land use right mortgagors or the guaranteed fail to perform or
have improperly performed the debt repayment obligations under the credit
contracts, the mortgaged or guaranteed land use rights shall be handled
according to the agreement in the mortgage or guarantee contracts; in cases
where it cannot be handled under the agreement inscribed in the contracts, the
mortgagees or the guarantees shall be entitled to transfer the mortgaged or
guaranteed land use rights to other persons in order to retrieve debts or
request competent State agencies to auction the land use rights or initiate
lawsuits at people's courts according to law provisions.
b) The land use right transferees prescribed at Point a of this Clause shall
be granted the land use right certificates, be entitled to use the land for the
set purposes and have the rights and obligations prescribed by this Law in the
remaining land use duration; for residential land, the land users shall be
entitled to stable long-term use.
Article 131.- Order and procedures for registering, deleting
the registration of, capital contribution with the land use rights and handling
of the land use rights upon the termination of capital contribution
1. The registration of capital contribution with the land use rights shall
be effected as follows:
a) The dossiers of registration of capital contribution shall each comprise
the contract on capital contribution with the land use rights and the land use
right certificate. The dossiers shall be filed at the land use right
registries; in cases where the capital contributors are households or
individuals in rural areas, the dossiers shall be submitted at the People's
Committees of the communes where exists the land for transfer to the land use
right registries.
The contracts on capital contribution with the land use rights must be
certified by the State notary public; for contracts on capital contribution
with the land use rights of households or individuals, the form of
certification by the State notary public or authentication by the People's
Committees of communes, wards or townships where exists the land may be opted
for;
b) Within no more than ten working days as from the date of receiving the
complete and valid dossiers, the land use right registries shall have to verify
the dossiers; for cases where capital contribution conditions are fully met,
they shall register the capital contribution into the cadastral dossiers and the
land use right certificates; in cases where the capital contributions give rise
to new legal persons, the capital contribution registration dossiers shall be
sent to the land management agencies of the People's Committees competent to
grant the land use right certificates for granting the land use right
certificates to such new legal persons.
2. The capital contribution with the land use rights shall terminate in the
following cases:
a) The time limit for capital contribution with the land use rights has
expired;
b) One party or all parties so propose as agreed upon in the capital
contribution contracts; for case of joint ventures with overseas Vietnamese,
foreign organizations and/or individuals, such must be approved by
provincial/municipal People's Committees;
c) The land is recovered under the provisions in Article 38 of this Law;
d) The contributors of capital with the land use rights in the contracts for
business cooperation or joint-venture enterprises are declared bankrupt or
dissolve;
e) Individuals participating in the capital contribution contracts die; are
declared missing; lose their civil act capacity or have the restricted civil
act capacity; are banned from activities in the business cooperation domains,
while the capital contribution contracts must be performed by such individuals;
f) Legal persons participating in capital contribution contracts terminate
their operation while the capital contribution contracts must be performed by
such legal persons.
3. The deletion of registration of capital contribution with the land use
rights is stipulated as follows:
a) The land users who stop contributing capital with the land use rights as
provided for in Clause 2 of this Article shall send the applications for
deletion of capital contribution registration to the places where the capital
contribution has been registered;
b) Within no more than five working days as from the date of receiving the
written applications for deletion of capital contribution registration, the
land use right registries shall delete the capital contribution registration in
the cadastral dossiers and the land use right certificates; in cases where it
is necessary to withdraw or grant the land use right certificates upon the
termination of capital contribution, the land use right registries shall send
dossiers to the land management agencies of the People's Committees competent
to grant the land use right certificates for carrying out the procedures to
withdraw or grant the land use right certificates.
4. The handling of the land use rights upon the termination of capital
contribution is stipulated as follows:
a) In cases it is due to the expiry of the capital contribution time limit
or to the parties' agreement on termination of capital contribution, the party
that has contributed capital with the land use rights shall be entitled to
continue using such land for the remaining duration.
In cases where the land use duration has expired or the contributor of
capital with the land use rights no longer have demands to continue using the
land, the State shall permit the joint-venture enterprises to continue the land
lease; if the joint-venture enterprises terminate their operation, the State
shall recover such land;
b) In cases where the capital contribution is terminated by decisions of competent
State bodies due to violations of the land legislation, the State shall recover
such land;
c) In cases where the joint-venture enterprises or parties contributing
capital with the land use rights go bankrupt, the land use rights used for
capital contribution shall be handled in accordance with the people's courts'
decisions declaring the bankruptcy.
If the persons, who are transferred the land use rights and assets affixed
to land under the people's courts' decisions, are organizations, individuals or
overseas Vietnamese, they shall be permitted to continue using the land for the
set purposes in the remaining land use duration.
If the persons, who are transferred the land use rights and assets affixed
to land under the people's courts decisions are foreign organizations or
individuals, they shall be leased land by the State and must use the land for
the set purposes in the remaining land use duration.
In cases where no one receives the land use rights and assets affixed to
land, the State shall recover such land and assets;
d) In cases where individuals participating in the capital contribution die,
the land use rights used for capital contribution shall be bequeathed according
to the provisions of civil legislation;
e) In cases where individuals participating in the capital contribution are
declared missing, lose their civil act capacity or have restricted civil act
capacity, it shall be settled according to the provisions of civil legislation;
f) In cases where joint-venture enterprises dissolve or the parties
contributing capital with the land use rights are the dissolved organizations,
the land use rights used for capital contribution shall be handled according to
the agreement between the parties in accordance with the provisions of this Law
and other relevant law provisions.
Chapter VI
INSPECTION, SETTLEMENT OF LAND DISPUTES, COMPLAINTS, DENUNCIATIONS AND
HANDLING OF VIOLATIONS OF LAND LEGISLATION
Section 1. LAND INSPECTION
Article 132.- Land inspection
1. Land inspection is the specialized land inspection.
The Ministry of Natural Resources and Environment shall be responsible for
directing and organizing the implementation of land inspection nationwide.
The land management agencies in localities shall be responsible for
organizing the land inspection in the localities.
2. Land inspection contents shall cover:
a) Inspection of the State management over land by the People's Committees
at all levels;
b) Inspection of the observance of land legislation by land users, other
organizations and individuals.
3. The land inspectorate shall have the following tasks:
a) To inspect the law observance by State agencies and land users in the
management and use of land;
b) To detect, check and handle according to competence or propose competent
State agencies to handle violations of land legislation.
4. The Government shall provide for the organization and operation of the
specialized land inspectorate.
Article 133.- Powers and responsibilities of land inspection
teams and land inspectors
1. Land inspection teams and inspectors, when conducting inspections, shall
have the following powers:
a) To request State agencies, land users and other relevant subjects to
supply documents and explain matters, which are necessary for the inspections;
b) To decide to temporarily suspend the illegal use of land portions and
take responsibility before law for such decisions, and at the same time
promptly report such to competent State bodies for handling decisions;
c) To handle according to competence or propose the competent State agencies
to handle violations of land legislation;
d) Other powers prescribed by the legislation on inspection.
2. Land inspection teams and inspectors, when conducting inspections, shall
have the following responsibilities:
a) To produce the inspection decisions, inspector's cards to subjects being
under inspection;
b) To perform the inspection functions, tasks, order and procedures
according to law provisions;
c) To be accountable before law for their conclusions and decisions;
d) To perform other responsibilities prescribed by the legislation on
inspection.
Article 134.- Rights and obligations of the subjects being
under inspection
1. The inspected subjects shall have the following rights:
a) To request the inspection teams or inspectors performing the official
duty to clearly explain the inspection requirements;
b) To give explanations in the inspection courses, to contribute opinions on
inspection conclusions; in cases of disagreement with the inspection
conclusions and/or law violation-handling decisions of land inspectors, to have
the right to lodge complaints to competent agencies according to law provisions
on complaints and denunciations;
c) To denounce to competent State agencies the inspection teams' or
inspectors' infringements, if any, upon their legitimate interests, the
interests of the State, the rights and legitimate interests of organizations or
individuals;
d) Other rights as prescribed by the legislation on inspection.
2. The inspected subjects shall have the following obligations:
a) Not to obstruct, cause difficulties to, inspection teams or inspectors in
the performance of their tasks;
b) To supply documents, explain necessary matters related to land inspection
contents; to abide by decisions of inspection teams or inspectors in the course
of inspection and competent State agencies after completion of the inspection;
c) To perform other obligations as prescribed by inspection legislation.
Section 2. SETTLEMENT OF LAND-RELATED DISPUTES, COMPLAINTS, DENUNCIATIONS
Article 135.- Conciliation of land disputes
1. The State encourages land-disputing parties to reconcile themselves or
settle their land disputes through conciliation at the grassroots.
2. For land disputes which cannot be reconciled, the disputing parties shall
file their written applications to the People's Committees of communes, wards
or townships where exists the land in dispute.
The commune/ward/township People's Committees have the responsibility to
coordinate with Vietnam Fatherland Front and its member organizations as well
as other mass organizations in reconciling land disputes.
The reconciliation time limit shall be thirty working days as from the date
the commune/ward/township People's Committees receive the written applications.
The land dispute reconciliation results must be recorded in writing with the
signatures of the disputing parties and the certification of the People's
Committees of communes, wards or townships where exists the land. Where the
reconciliation outcomes are different from the present land use status, the
commune/ward/township People's Committees shall send the reconciliation results
to competent State bodies for settlement according to regulations on land
management.
Article 136.- Competence to settle land disputes
Land disputes, which were already reconciled at the commune/ward/township
People's Committees but are disagreed with by one or all parties, shall be
settled as follows:
1. Disputes over land use rights and the involved parties have the land use
right certificates or one of the papers prescribed in Clauses 1, 2 and 5,
Article 50 of this Law, and disputes over assets affixed to land shall be
settled by people's courts;
2. Disputes on land use rights but the involved parties do not have the land
use right certificates or any of the papers prescribed in Clauses 1, 2 and 5,
Article 50 of this Law, shall be settled as follows:
a) Where the presidents of the People's Committees of rural districts, urban
districts, provincial capitals or towns have made the first-time settlement but
one or all of the involved parties disagree with the settlement decisions, they
are entitled to lodge complaints to the presidents of provincial/municipal
People's Committees for settlement; the settlement decisions of the
provincial/municipal People's Committee presidents shall be the final ones;
b) Where the provincial/municipal People's Committee presidents make the
first-time settlement but one or all of the involved parties disagree with the
settlement decisions, they shall be entitled to lodge complaints to the
Minister of Natural Resources and Environment; the settlement decisions of the
Minister of Natural Resources and Environment shall be the final ones.
Article 137.- Settling land disputes related to administrative
boundaries
1. Land disputes related to administrative boundaries between administrative
units shall be settled jointly by the People's Committees of such units. In
cases where unanimity cannot be reached or the settlement alters the
administrative boundaries, the settling competence shall be stipulated as follows:
a) Where disputes are related to the boundaries of provincial/municipal
administrative units, they shall be decided by the National Assembly;
b) Where disputes are related to the boundaries of administrative units
being rural districts, urban districts, provincial capitals, provincial towns,
communes, wards or townships, they shall be decided by the Government.
2. The Ministry of Natural Resources and Environment and the land management
agencies of the provinces, centrally-run cities, rural districts, urban
districts, provincial capitals or provincial towns have the responsibility to
supply necessary documents and coordinate with competent State agencies in
settling land disputes related to administrative boundaries.
Article 138.- Settlement of land-related complaints
1. Land users are entitled to complain about administrative decisions or
administrative acts regarding land management.
2. The settlement of complaints shall be effected as follows:
a) Where complaints about administrative decisions or administrative acts
regarding land management are settled for the first time by the presidents of
the People's Committees of rural districts, urban districts, provincial
capitals or provincial towns, but the complainants disagree with the settlement
decisions, they are entitled to initiate lawsuits at people's courts or
continue to complain with presidents of the provincial/municipal People's
Committees. In case of complaining with provincial/municipal People's Committee
presidents, the decisions of the provincial/municipal People's Committee
presidents shall be the final ones;
b) Where complaints about administrative decisions or administrative acts
regarding land management are settled for the first time by
provincial/municipal People's Committee presidents but the complainants
disagree with the settlement decisions, they are entitled to initiate lawsuits
at people's courts;
c) The statute of limitation for complaining about administrative decisions
or administrative acts regarding land management shall be thirty days as from
the date of receiving such administrative decisions or knowing about such
administrative acts. Within forty five days as from the date of receiving the
first-time complaint settlement decisions, the complainants, if disagreeing
therewith, shall be entitled to complain to competent State agencies or
initiate lawsuits at people's courts.
3. The settlement of land-related complaints as provided for in Clause 2 of
this Article shall not cover cases of complaint about decisions on settlement of
land disputes prescribed in Clause 2, Article 136 of this Law.
Article 139.- Settlement of land-related denunciations
1. Individuals are entitled to denounce violations of legislation on land
management and use.
2. The settlement of denunciations about violations of legislation on land
management and use shall comply with the provisions of legislation on
complaints and denunciations.
Section 3. HANDLING OF VIOLATIONS
Article 140.- Handling of violators of land legislation
Those who encroach upon or appropriate land, fail to use land or use land
not for the right purposes, illegally change the land use purposes, destroy
land, fail to perform or perform not in full the financial obligations,
administrative procedures or the State's decisions in land management,
illegally transfer the land use rights or commit other acts of violating the
land legislation, shall, depending on the nature and seriousness of their
violations, be administratively handled or examined for penal liability
according to law provisions.
Organizations, which are assigned land without the collection of land use
levies or are currently using land with the land use right recognized by the
State and do not have to shift to lease land or do not have to pay the land use
levies but let the land be encroached upon, appropriated or lost, shall have to
compensate therefor and be handled according to law provisions regarding the
land use value of the land areas encroached upon, appropriated or lost.
The Government shall specify acts of violating the land legislation and
administrative handling measures.
Article 141.- Handling of managers who violate land
legislation
Those who abuse their position and powers and act against law provisions on
land assignment, land lease, land recovery, land use purpose change, land use
right transfer, land use planning and plan implementation, land-related
financial obligation determination, cadastral dossier management, issuance of
administrative decisions in land management; who show irresponsibility in
management, thus leading to violations of land legislation or commit other acts
which cause damage to land resources, rights and obligations of land users,
shall, depending on the nature and seriousness of their violations, be
disciplined or examined for penal liability according to law provisions.
Article 142.- Handling of land law violations which cause
damage to the State and other persons
Those who commit acts of violating land legislation, causing damage to the
State and/or other persons, shall, apart from being handled according to the
provisions in Articles 140 and 141 of this Law, also have to compensate
therefor according to extents of actual damage to the State or the persons
suffering from the damage.
Article 143.- Responsibilities of the presidents of the People's
Committees of all levels in detecting, preventing, stopping and handling
violations of legislation on land management and use
1. The presidents of the People's Committees of all levels have the
responsibilities to detect, prevent, stop and handle in time violations of
legislation on land management and use in their respective localities.
2. The presidents of the People's Committees of communes, wards or townships
have the responsibilities to detect, prevent and stop in time illegal land use
right transfers, illegal land use purpose changes; to detect and apply measures
to stop in time the construction of works on encroached, appropriated land, the
use of land not for the right purposes in their respective localities and force
the violators to restore the pre-violation land status.
Article 144.- Handling of heads, officials and employees of
land management agencies of all levels and commune/ward/ district township
cadastral officials for their responsibility for violations of order of
carrying out administrative procedures
1. Organizations and individuals, when detecting that officials and/or
employees of land management agencies of all levels or commune/ward/township
cadastral officials have violated the regulations on order, procedures and/or
time limits for land assignment, land lease, permission of land use purpose
changes, time limits for land recovery, carrying out procedures for exercise of
land users' rights, granting of land use right certificates, are entitled to
send their written petitions to competent people according to the following
regulations:
a) For violations committed by commune/ward/district township cadastral
officials, the petitions shall be addressed to the presidents of the
commune/ward/township People's Committees;
b) For violations committed by officials and/or employees of land management
agencies of any level, the petitions shall be sent to the heads of the land
management agencies of such level;
c) For violations committed by heads of land management agencies, the
petitions shall be filed to the presidents of the People's Committees of the
same level.
2. Within no more than fifteen working days as from the date of receiving
the written petitions, the People's Committee presidents or the heads of the
land management agencies prescribed in Clause 1 of this Article shall have to
consider and settle the petitions and notify the petitioners thereof.
Chapter VII
IMPLEMENTATION PROVISIONS
Article 145.- This Law takes implementation effect as from
July 1, 2004.
This Law shall replace the 1993 Land Law; the 1998 Law amending and
supplementing a number of articles of the Land Law; the 2001 Law amending and
supplementing a number of articles of the Land Law.
To abrogate the 1994 Ordinance on the rights and obligations of foreign
organizations and individuals that lease land in Vietnam.
Article 146.- Implementation guidance
1. The Government shall prescribe the time limit for completion of the
granting of land use right certificates to current land users throughout the
country. During this time limit, the current land users, who have one of the
land use right papers prescribed in Clause 1, 2 and 5, Article 50 of this Law
and have not yet been granted land use right certificates, shall be entitled to
exercise the land users' rights prescribed in this Law.
2. The Government shall specify and guide the implementation of this Law.
This Law was passed on November 26, 2003 by the XIth National Assembly of
the Socialist Republic of Vietnam at its 4th session.
THE NATIONAL ASSEMBLY
|
CHAIRMAN
|
(signed)
|
Nguyen Van An
|
No comments:
Post a Comment