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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
Law
No. 45/2013/QH13 Independence - Freedom - Happiness
Ha Noi, 29 November 2013
Chapter 5.
LAND ALLOCATION, LAND
LEASE AND CHANGE OF LAND USE PURPOSE
Article 52. Bases for
land allocation, land lease and change of land use purpose
1. The annual
district-level land use plans which have been approved by competent state
agencies.
2. Land use demands as
indicated in investment project documents or in applications for land
allocation, land lease or change of land use purpose.
Article 53. Allocation or
lease of land which is currently used by a person to another
The State’s decision on
allocation or lease of land which is already being used by a person to another
may be made only after a competent state agency decides on land recovery in
accordance with this Law and the compensation, support and resettlement have
been completed in accordance with law in case ground clearance is required.
Article 54. Land
allocation without land use levy
The State shall allocate
land without land use levy in the following cases:
1. Households and
individuals directly engaged in agriculture, forestry, aquaculture or salt
production to whom agricultural land is allocated within the quotas prescribed
in Article 129 of this Law;
2. Persons who use
protective forest land, special-use forests or production forests which are
natural forests, for office construction, for national defense or security
purpose, for noncommercial public use, for cemeteries and graveyards which
fall outside the cases prescribed in Clause 4, Article 55 of this Law;
3. Public non-business organizations that are not
self-financed and use land for office construction.
4. Organizations that
use land for construction of resettlement houses under the State’s projects.
5. Communities using
agricultural land; religious establishments using non-agricultural land as
prescribed in Clause 1, Article 159 of this Law.
Article 55. Land
allocation with land use levy
The State shall allocate
land and collect land use levy in the following cases:
1. Households and
individuals that are allocated residential land;
2. Economic
organizations that are allocated land to implement investment projects on
construction of houses for sale or a combination of sale and lease;
3. Overseas Vietnamese
and foreign-invested enterprises that are allocated land to implement
investment projects for the construction of houses for sale or for a
combination of sale and lease;
4. Economic
organizations that are allocated land to implement investment projects on
infrastructure of cemeteries and graveyards for transfer of land use rights
together with the infrastructure.
Article 56. Land lease
1. The State may lease
land and collect an annual land rental or full one-off rental for the entire
lease period in the following cases:
a) Households and
individuals that use land for the purpose of agriculture, forestry, aquaculture
or salt production;
b) Households and
individuals that need to further use agricultural land that exceeds the land
allocation quotas prescribed in Article 129 of this Law;
c) Households and
individuals that use land for trading and services, mining activities,
production of construction materials, production of ceramic products, and
non-agricultural production establishments;
d) Households and
individuals that use land for construction of public facilities for commercial
purpose;
e) Economic
organizations, overseas Vietnamese and foreign-invested enterprises that use
land to implement investment projects in agriculture, forestry, aquaculture or
salt production, for non-agricultural business and production purpose, for
construction of public facilities for commercial purpose, and for
implementation of investment projects on houses for lease;
f) Economic
organizations, self-financed public non-business organizations, overseas Vietnamese
and foreign-invested enterprises that use land for construction of non-business
facilities;
g) Foreign organizations
with diplomatic functions that use land to build offices.
2. The State may lease
land to and collect annual rentals from people’s armed forces units for the
purpose of agriculture, forestry, aquaculture or salt production, or in
combination with national defense or security tasks.
Article 57. Change of
land use purpose
1. Cases in which change
of land use purpose requires permission by competent state agencies:
a) Change of land for
rice cultivation to land for perennial crops, forests, aquaculture or salt
production;
b) Change of land for
other annual crops to land for saltwater aquaculture, salt production or
aquaculture in ponds, lakes or marshlands;
c) Change of special-use
forest land, protective forests or production forests to land for other
purposes within the type of agricultural land;
d) Change of
agricultural land to non-agricultural land;
e) Change of
non-agricultural land which is allocated by the State without land use levy to
non-agricultural land which is allocated by the State with land use levy, or to
leased land;
f) Change of
non-agricultural land which is not residential land to residential land;
g) Change of land for
construction of non-business facilities or land for public purposes involving
commercial purpose, or non-agricultural land for business and production
purposes which is not land for trading or services to land for trading or
services; change of land for trading or services or land for construction of
non-commercial facilities to land for non-agricultural production
establishments.
2. When changing the
land use purpose under Clause 1 of this Article, land users shall fulfill
financial obligations as prescribed by law. The land use regime and the rights
and obligations of land users are those applicable to the type of the land used
for the new purpose.
Article 58. Conditions
for land allocation, land lease and change of land use purpose to implement
investment projects
1. For investment
projects that use paddy land or protective forest land or land for special- use
forests for other purposes and are other than those to be decided by the
National Assembly or approved in principle by the Prime Minister, competent
state agencies may only decide on land allocation or land lease or permit
change of land use purpose when one of the following documents is available:
a) The written approval
by the Prime Minister for change of land use purpose for the paddy land with an
area of 10 ha or more, and for protective forest or special-use forest with a
land area of 20 ha or more;
b) The resolution of the
provincial-level People’s Council for change of land use purpose for the paddy
land with an area less than 10 ha, and for protective forest or special-use
forest with a land area less than 20 ha.
2. For investment
projects which use land on islands or in border or coastal communes, wards or
townships, competent state agencies may only decide on land allocation, land
lease or change of land use purpose upon receiving written approval from
related ministries and agencies.
3. Those who are
allocated land or leased land by the State, or permitted by the State to change
land use purpose to implement investment projects must meet the following
conditions:
a) Having financial
capacity to ensure the land use according to the investment project’s schedule;
b) Paying a deposit in
accordance with the investment law;
c) Not violating the
land law if they are implementing other projects on the state-allocated or
-leased land.
4. The Government shall
detail this Article.
Article 59. Competence
to allocate, lease land and approve change of land use purpose
1. Provincial-level
People’s Committees may decide on the allocation or lease of land, and permit
change of land use purpose in the following cases:
a) Allocation or lease
of land to, and permission for change of land use purpose for, organizations;
b) Allocation of land to
religious establishments;
c) Allocation of land to
overseas Vietnamese or foreign-invested enterprises under Clause 3, Article 55
of this Law;
d) Lease of land to
overseas Vietnamese or foreign-invested enterprises under Points e and f,
Clause 3, Article 56 of this Law;
2. District-level
People’s Committees may decide on the allocation or lease of land, and permit
change of land use purpose in the following cases:
a) Allocation or lease
of land to, and permission of change of land use purpose for, households and
individuals. If these subjects wish to lease or use agricultural land with an
area of 0.5 ha or more for trading and service purposes, written approval from
the provincial-level People’s Committee is required before the district-level
People’s Committee makes decision;
b) Allocation of land to
communities.
3. Commune-level
People’s Committees may lease land from the agricultural land fund for public
purposes in their communes, wards or townships.
4. Agencies having the
competence to decide on land allocation or lease and permit change of land use
purpose as prescribed in Clauses 1 and 2 of this Article may not delegate their
competence.
Article 60. Handling of
cases of land allocation and land lease which are decided prior to the
effective date of this Law
1. Economic
organizations, households, individuals and overseas Vietnamese that are
eligible to lease land in accordance with this Law and are allocated land with
land use levy by the State prior to the effective date of this Law, may
continue using the land for the remaining land use term without having to
change to lease land. Upon the expiry of the land use term, if permitted to
extend the land use term by a competent state agency, they shall change to
lease land in accordance with this Law.
2. Organizations,
households, individuals and overseas Vietnamese who are eligible to lease land
in accordance with this Law and are allocated land by the State without land
use levy prior to the effective date of this Law, shall change to lease land
from the effective date of this Law and pay land rental.
3. Economic organizations,
households, individuals and overseas Vietnamese that are eligible to lease land
in accordance with this Law and lawfully acquire land use rights prior to the effective date of this Law, may
continue using the land for the remaining land use term without having to
change to lease land in accordance with this Law.
4. Economic
organizations that are eligible to lease land in accordance with this Law and
lawfully acquire agricultural land use rights from households or individuals
that are allocated land without land use levy by the State to implement
investment projects in agricultural production prior to the effective date of
this Law, may continue using the land for the remaining land use term without
having to change to lease land in accordance with this Law.
5. Overseas Vietnamese
and foreign-invested enterprises that lease land with full one-off rental
payment for the entire lease period to implement investment projects on
construction of houses for sale or for a combination of sale and rent prior to
the effective date of this Law, may continue using the land for the remaining
land use term, or change to land allocation with land use levy in accordance
with this Law if they have demand.
Chapter 6.
LAND RECOVERY, LAND
REQUISITION, COMPENSATION, SUPPORT AND RESETTLEMENT
Section 1. LAND RECOVERY
AND LAND REQUISITION
Article 61. Land recovery for
national defense or security purpose
The State may recover
land for national defense or security purpose in the following cases:
1. Land for military
barracks or offices;
2. Land for construction
of military bases;
3. Land for construction
of national defense works, battle fields and special works of national defense
or security;
4. Land for military
railway stations and ports;
5. Land for industrial,
scientific and technological, cultural or sports facilities that directly serve
national defense or security purpose;
6. Land for warehouses
for the people’s armed forces;
7. Land for shooting
grounds, training grounds, and weapon testing and destroying sites;
8. Land for training
institutions and centers, hospitals and sanatoriums of the people’s armed
forces;
9. Land for construction
of public-duty houses of the people’s armed forces;
10. Land for detention
and re-education institutions managed by the Ministry of National Defense or
the Ministry of Public Security.
Article 62. Land
recovery for socio-economic development in the national or public interest
The State may recover
land for socio-economic development in the national or public interest in the
following cases:
1. Implementation of
projects of national importance which are approved in principle by the National
Assembly for which land must be recovered.
2. Implementation of
projects which are approved or decided by the Prime Minister, including:
a) Projects on construction
of industrial parks, export processing zones, hi-tech zones, economic zones,
new urban centers; investment projects funded with official development
assistance (ODA) capital;
b) Projects on
construction of offices of state agencies, central political and
socio-political organizations, offices of foreign organizations with diplomatic
functions; ranked historical-cultural relics and scenic spots, parks, squares,
statutes, monuments and national public non-business facilities;
c) Projects for
construction of national technical infrastructure including transport,
irrigation, water supply and drainage, electricity and communication
facilities; oil and gasoline pipelines and depots; national reserve warehouses;
facilities for waste collection and treatment.
3. Implementation of
projects which are approved by provincial-level People’s Councils for which
land must be recovered, including:
a) Projects on
construction of offices of state agencies, political and socio-political
organizations; ranked historical-cultural relics and scenic spots, parks,
squares, statutes, monuments, and local public non-business facilities;
b) Projects on
construction of local technical infrastructure including transport, irrigation,
water supply and drainage, electricity, communication and urban lighting works;
facilities for waste collection and treatment;
c) Projects on
construction of common activities of the communities; projects on resettlement,
dormitories for students, social houses, and public-duty houses; construction
of religious establishments, public culture, sports and entertainment and
recreation centers; markets; graveyards, cemeteries, funeral service centers
and cremation centers;
d) Projects on
construction of new urban centers and rural residential areas; on improvement
of urban areas and rural residential areas; industrial clusters; concentrated
zones for production and processing of agricultural, forestry, aquaculture and
seafood products; and projects on development of protective forests or
special-use forests;
dd)
Mining projects that are licensed by competent agencies, except mining of
minerals for use as common construction materials, peat, and minerals in
scattered and small mining areas, and salvage mining.
Article 63. Bases for
land recovery for national defense or security purpose; for socio-economic
development in the national or public interest
Land recovery for
national defense or security purpose; for socio-economic development in the
national or public interest must be based on the following:
1. The projects require
land recovery as prescribed in Articles 61 and 62 of this Law.
2. The annual
district-level land use plans which are approved by competent state agencies.
3. The land use schedule
of the projects.
Article 64. Land
recovery due to violations of land law
1. Cases of land
recovery due to violations of the land law include:
a) Land is not used for
the purposes for which land has been allocated, leased, or land use rights have
been recognized by the State and the land users, after having been sanctioned
administratively for using land for improper purposes, still continue
committing the violation;
b) Land users
intentionally damage land;
c) Land was allocated or
leased to wrong subjects or ultra vires;
d) Land that is
ineligible for transfer or donation as prescribed in this Law is transfeưed or donated;
e) Land that is
allocated by the State for management is encroached or occupied;
f) Land that is
ineligible for transfer of land use rights as prescribed by this Law is
encroached or occupied due to the irresponsibility of land users;
g) Land users who fail
to fulfill obligations to the State and have been administratively sanctioned
for such violation but do not comply;
h) Land for annual crops
that is not used for 12 consecutive months; land for perennial plants that is
not used for 18 consecutive months; land for afforestation that is not used for
24 consecutive months;
i) Land that is
allocated or leased for implementing investment projects is not used within 12
consecutive months, or the land use schedule is 24 months late compared with
the schedule stated in the project documents since the hand-over in the field.
In case of not putting the land into use, the land use term may be extended 24
months and the investors shall pay a sum of money equivalent to the total land
use levy or land rental for the delayed period. If the investors still fail to
put the land into use when the extended time is over, the State shall recover
the land without compensation for land and land-attached assets, except due to
force majeure.
2. Land recovery due to
violations of the land law must be based on documents and decisions issued by
state agencies which are competent to determine violations of the land law.
3. The Government shall
detail this Article.
Article 65. Land
recovery due to termination of land use in accordance with law, voluntary
return of land or risks of threatening human life
1. Cases of land
recovery due to termination of land use in accordance with law, voluntary
return of land or risks threatening human life include:
a) Organizations to
which land is allocated by the State without land use levy, or organizations to
which land is allocated with land use levy and the land use levy is originated
from the state budget, are dissolved, go bankrupt, move to another place, or
have lower or no land use demand; land users which lease land with annual
rental payment are dissolved, go bankrupt, move to another place, or have lower
or no land use demand;
b) Individual land users
die without any heir;
c) Land users return the
land voluntarily;
d) Land is allocated or
leased by the State for definite periods and such periods expired without
extension allowed;
e) Land is located in
environmentally polluted areas which bears the risks of threatening human life;
f) Land having risks of
being eroded or sunk or otherwise affected by other natural disasters
threatening human life.
2. Land recovery
prescribed in Clause 1 of this Article must be based on the following:
a) For the case of land
recovery prescribed at Point a, Clause 1 of this Article, the document of a
competent agency which has taken legal effect;
b) For the case of land
recovery prescribed at Point b, Clause 1 of this Article, the death certificate
or the decision declaring that the individual concerned is dead in accordance
with law and the document issued by the commune-level People’s Committee of the
locality where the individual concerned resides, confirming that he)she has no
heir;
c) For the case of land
recovery prescribed at Point c, Clause 1 of this Article, the document of the
land user on the return of land;
d) For
the case of land recovery prescribed at Point d, Clause 1 of this Article, the
decision on land allocation or land lease;
e) For the case of land
recovery prescribed at Point e and Point f, Clause 1 of this Article, the
decision issued by a competent state agency determining the extent to which
land is environmentally polluted, eroded, sunk, or otherwise affected by
another natural disaster which threatens human life.
3. The Government shall
detail this Article.
Article 66. Competence
to recover land
1. Provincial-level
People’s Committee may decide on land recovery in the following cases:
a) Recovery of land from
organizations, religious establishments, overseas Vietnamese, foreign
organizations with diplomatic functions, and foreign-invested enterprises,
excluding the case prescribed at Point b, Clause 2 of this Article;
b) Recovery of
agricultural land which is part of the public land funds of communes, wards or
townships.
2. District-level
People’s Committees may decide on land recovery in the following cases:
a) Recovery of land from
households, individuals and communities;
b) Recovery of land from
overseas Vietnamese who are allowed to own houses in Vietnam.
3. In case both subjects
prescribed in Clauses 1 and 2 of this Article exist in one recovered area, the
provincial-level People’s Committee shall decide on the land recovery or
authorize district-level People’s Committees to decide on the land recovery.
Article 67. Notification
of land recovery and compliance with decisions on land recovery for national
defense or security purpose; or for socio-economic development in the national
or public interest
1. Before issuing a
decision on land recovery, at least 90 days prior to the recovery of
agricultural land or 180 days prior to the recovery of non-agricultural land,
competent state agencies shall notify the land users of the land recovery. The
contents to be notified include land recovery, investigation, survey,
measurement and inventory plans.
2. In case land users
whose land is recovered agree on the land recovery plan prior to the time limit
prescribed in Clause 1 of this Article, the competent People’s Committee may
decide on land recovery without having to wait until the time limit for the
land recovery notification expires.
3. Land users whose land
is recovered shall coordinate with agencies and organizations performing
compensation and ground clearance in the process of investigation, survey,
measurement, inventory, and making of plans for compensation, support and
resettlement.
4. After the land
recovery decisions take effect and plans for compensation, support and
resettlement approved by competent state agencies are publicized, land users
whose land is recovered shall comply with the land recovery decisions.
Article 68.
Organizations in charge of compensation and ground clearance; management of
recovered land
1. Organizations in
charge of compensation and ground clearance include public land service
organizations and compensation, support and resettlement councils.
2. The recovered land
shall be allocated for management and use according to the following
provisions:
a) Land recovered under
Articles 61 and 62 of this Law shall be allocated to investors for
implementation of investment projects or to public land service organizations
for management;
b) Land recovered under
Clause 1, Article 64, and Points a, b, c or d, Clause 1, Article 65 of this Law
shall be allocated to public land service organizations for management and
auction of land use rights.
In case the land recovered
under Clause 1, Article 64, and Point a, b, c or d, Clause 1, Article 65 of
this Law, is agricultural land of households and individuals in rural areas
that land shall be allocated to commune-level People’s Committees for
management. This land fund shall be allocated or leased in accordance with law
to households and individuals that have no land or lack production land.
3. The Government shall
detail this Article.
Article 69. Order and
procedures for land recovery for national defense or security purpose; for
socio-economic development in the national or public interest
1. The making and
implementation of plans for land recovery, investigation, survey, measurement
and inventory are prescribed as follows:
a) The People’s
Committee having competence to recover land shall issue a notice of land
recovery.
The notice of land
recovery must be sent to every land user whose land is recovered, publicized in
the meetings with people in the recovered area and through the mass media,
posted up at offices of the commune-level People’s Committee and at common
public places of the residential areas of which land is recovered;
b) The
commune-level People’s Committee shall coordinate with the organization in
charge of compensation and ground clearance to implement plans for land
recovery, investigation, survey, measurement and inventory;
c) Land users shall
coordinate with the organization in charge of compensation and ground clearance
in conducting investigation, survey and measurement of land area, inventory of
houses and other land-attached assets to develop plans for compensation,
support and resettlement;
d) In case the land
users in the recovered area do not cooperate with the organization in charge of
compensation and ground clearance for investigation, survey, measurement and
inventory, the commune-level People’s Committee and Vietnam Fatherland Front in
the locality and the organization in charge of compensation and ground
clearance shall mobilize and persuade the land users to cooperate.
If the land users still
do not cooperate with the organization in charge of compensation and ground
clearance within 10 days after the mobilization and persuasion, the chairperson
of the district-level People’s Committee shall issue a decision on compulsory
inventory. Land users whose land is to be recovered shall comply with that
decision. In case the land users do not comply with the decision, the
chairperson of the district-level People’s Committee shall issue a decision on
enforcement of the decision on compulsory inventory and organize the
enforcement in accordance with Article 70 of this Law.
2. The making and
appraisal on plans for compensation, support and resettlement are prescribed as
follows:
a) The organization in
charge of compensation and ground clearance shall make the plan for
compensation, support and resettlement and coordinate with the commune-level
People’s Committee in the locality to conduct consultations on the plans for
compensation, support and resettlement in the forms of meetings with land users
living in the recovered area, posting up the plan for compensation, support and
resettlement at offices of the commune-level People’s Committee and at common
public places of the residential areas of which land is recovered.
The consultation results
must be recorded in minutes which are certified by representatives of the
commune-level People’s Committee and Vietnam Fatherland Front, and land users
whose land is recovered.
The organization in
charge of compensation and ground clearance shall make a written summarization
of opinions which clearly specifies the numbers of opinions for, against and
other opinions regarding the plans for compensation, support and resettlement;
coordinate with the commune-level People’s Committee in the locality in
organizing dialogues with those who have objections on the plans for
compensation, support and resettlement; and improve the plans for compensation,
support and resettlement for submission to competent agencies.
b) Competent
agencies shall appraise the plans for compensation, support and resettlement
before submitting them to the competent People’s Committee for decision on land
recovery.
3. The decision on land
recovery, the approval and the organization of implementation of the plans for
compensation, support and resettlement are prescribed as follows:
a) The People’s
Committee which has the competence as prescribed in Article 66 of this Law
shall issue a decision on land recovery and a decision on approval of the plans
for compensation, support and resettlement in the same day;
b) The organization in
charge of compensation and ground clearance shall coordinate with the
commune-level People’s Committee to publicize and post up the decision on
approval of the plans for compensation, support and resettlement at the
commune-level People’s Committee offices and at common public places of the
residential areas of which land is recovered. The organization shall send the
decision on compensation, support and resettlement to each person whose land is
recovered and that decision will clearly show the level of compensation and
support, arrangement of the resettlement land or house (if any), time and place
of payment for compensation or support, time to arrange resettlement land or
house (if any) and time to hand over the recovered land to the organization in
charge of compensation and ground clearance;
c) The organization in
charge of compensation and ground clearance shall implement activities in
accordance with the approved plans for compensation, support and resettlement;
d) In case land users
whose land is to be recovered fail to hand over the land to the organization in
charge of compensation and ground clearance, the commune-level People’s
Committee and Vietnam Fatherland Front in the locality and the organization in
charge of compensation and ground clearance shall mobilize and persuade the
land users to hand over.
In case the land users
fail to comply with the decision even after the mobilization and persuasion,
the chairperson of the district-level People’s Committee shall issue a decision
on enforcement of land recovery and organize the enforcement in accordance with
Article 71 of this Law.
4. The organization in
charge of compensation and ground clearance shall manage land which is already
cleared.
Article 70. Enforcement
of decisions on compulsory inventory
1. Principles of
enforcement of a decision on compulsory inventory:
a) The enforcement is
conducted in a public, democratic, objective, orderly, safe and lawful manner;
b) The times of starting
the enforcement fall in working hours.
2. The enforcement of a
decision on compulsory inventory may be conducted when all the following
requirements are met:
a) Land users whose land
is to be recovered do not comply with the decision on compulsory inventory
after the mobilization and persuasion by the commune-level People’s Committee,
Vietnam Fatherland Front and the organization in charge of compensation and
ground clearance;
b) The decision on
enforcement of the compulsory inventory decision is posted up publicly at the
office of the commune-level People’s Committee and at common public places of
the residential area of which land is recovered;
c) The decision on
enforcement of the compulsory inventory decision has taken effect;
d) The person who is to
be coerced has received the effective decision on enforcement.
In case the person who
is to be coerced refuses to receive the decision on enforcement or is absent
when the decision on enforcement is delivered, the commune-level People’s
Committee shall make a written record of delivery.
3. The district-level
People’s Committee chairperson who issues the decision on enforcement shall
execute the decision on compulsory inventory and organize the execution of the
decision on enforcement.
4. The order and
procedures for executing the decision on enforcement of compulsory inventory
are prescribed as follows:
a) The organization
assigned to conduct the enforcement shall mobilize, persuade and organize
dialogues with, the coerced people;
b) In case the coerced
person complies with the decision on enforcement, the organization assigned to
conduct enforcement shall make a written record to acknowledge the compliance,
and conduct investigation, survey, measurement or inventory.
In case the coerced
person fails to comply with the decision on enforcement, the organization
assigned to conduct the enforcement shall execute the decision on enforcement.
Article 71. Enforcement
of land recovery decisions
1. The principles of
enforcement of a land recovery decision comply with Clause 1, Article 70 of
this Law.
2. The enforcement of a
land recovery decision is conducted when all the following requirements are
met:
a) The person whose land
is to be recovered fails to comply with the land recovery decision after the
mobilization and persuasion by the commune-level People’s Committee and Vietnam
Fatherland Front in the locality and the organization in charge of compensation
and ground clearance;
b) The decision on
enforcement of the land recovery decision is posted up at the office of the
commune-level People’s Committee and at common public places of the residential
area of which land is recovered;
c) The decision on
enforcement of the land recovery decision has taken effect;
d) The person who is to
be coerced has received the effective decision on enforcement.
In case the person who
is to be coerced refuses to receive the decision on enforcement or is absent
when the decision on enforcement is delivered, the commune-level People’s
Committee shall make a written record of delivery.
3. The chairperson of
the district-level People’s Committee issues the decision on enforcement of the
land recovery decision, and organizes the execution of the decision.
4. The order and
procedures for enforcement of land recovery:
a) Before executing the
enforcement, the chairperson of the district-level People’s Committee shall
decide to establish an enforcement board;
b) The enforcement board
shall mobilize, persuade, and conduct dialogues with, the coerced persons. If
the coerced persons comply, the enforcement board shall prepare a written record
to acknowledge the compliance. The land must be handed over within 30 days from
the date of making the minutes.
In case the coerced
person fails to comply with the decision on enforcement, the enforcement board
shall execute the enforcement;
c) The enforcement board
has the power to ask coerced persons and related people to leave the coerced
areas and to move their properties out of the land areas by themselves. If
these people fail to comply, the enforcement board shall move the coerced
persons, related people and their properties out of the areas.
In case the coerced
person refuses to receive their properties, the enforcement board shall make a
written record, preserve the properties in accordance with law, and notify the
properties’ owners to get the properties back.
5. Responsibilities of
organizations and individuals in executing decisions on enforcement of land
recovery:
a) The district-level
People’s Committee shall implement the enforcement, settle complaints involving
the enforcement in accordance with the law on complaints; implement the
resettlement plans before executing the enforcement; ensure necessary
conditions and means to serve the enforcement; and allocate funds for
enforcement activities;
b) The enforcement board
shall assume the prime responsibility for making the enforcement plans and cost
estimation for enforcement activities and submitting them to the competent
People’s Committee for approval, conduct the enforcement in accordance with the
approved plans and hand over the land to the organization in charge of
compensation and ground clearance.
In case there remain
properties on the coerced land, the enforcement board shall preserve the
properties. The preservation cost shall be born by the properties’ owners;
c) The police shall
maintain social order and safety in the process of organizing the execution of
the decision on enforcement of land recovery;
d) The commune-level
People’s Committee of the locality concerned shall coordinate with related
agencies in delivering and posting up the decision on enforcement of land
recovery, participate in the enforcement process and coordinate with the
organization in charge of compensation and ground clearance in sealing and
moving the properties of coerced people;
e) Other related
agencies, organizations and individuals shall coordinate with the enforcement
board in executing the enforcement of land recovery at the request of the
enforcement board.
6. The Government shall
detail this Article.
Article 72. Land
requisition
1. The State may
requisition land in case of extreme necessity to perform the tasks of national
defense or security, or in a state of war or emergency, or of prevention and
combat of natural disasters.
2. The decision on land
requisition must be made in writing. In case of emergency when the decision can
not be made in writing, the person who has competence to requisition land may
make the decision verbally but shall write a confirmation document on the land
requisition decision right at the time of land requisition. The decision on land
requisition takes effect from the time of its issuance.
Within 48 hours from the
time of making the land requisition decision verbally, the agency of the person
making that decision shall confirm in writing and send the confirmation
document to the person whose land is requisitioned.
3. The Minister of
National Defense, the Minister of Public Security, the Minister of Transport,
the Minister of Agriculture and Rural Development, the Minister of Health, the
Minister of Industry and Trade, the Minister of Natural Resources and
Environment, chairpersons of provincial-level People’s Committees and
chairpersons of district-level People’s Committees have the competence to
decide on land requisition and to extend the duration of land requisition. The
persons who have the competence to requisition land may not delegate this
competence to another person.
4. The duration of land
requisition must not exceed 30 days from the time the decision on land
requisition takes effect. In a state of war or emergency, the duration of land
requisition is counted from the date of issuance of the decision on land
requisition, but must not exceed 30 days from the date the state of war or
emergency is repealed.
In case the duration of
land requisition expires but the objectives of the requisition have not been
achieved, the land requisition duration may be extended for no more than 30
days. The decision to extend the land requisition must be made in writing and
sent to the people whose land is requisitioned before the land acquisition duration
expires.
5. The person whose land
is requisitioned shall comply with the decision on land requisition. If the
land requisition decision is made in accordance with law and the people whose
land is requisitioned fail to comply with that decision, the person who decides
to requisition the land shall issue a decision on enforcement and organize the
enforcement, or assign the chairperson of the provincial-level People’s
Committee and the district-level People’s Committee of the locality to organize
the enforcement.
6. The person who has
the competence to decide on land requisition shall allocate the requisitioned
land to organizations and individuals for efficient and proper management and
use; return the land when the requisition duration expires; and make
compensation for the damage caused by the land requisition.
7. The compensation for
damage caused by land requisition is prescribed as follows:
a) The person whose land
is requisitioned is entitled to compensation in case the requisitioned land is
destroyed or his/her income is lost as a direct consequence of the land
requisition;
b) If the requisitioned
land is destroyed, the compensation must be made in money, based on the price
of land use rights transferred in the market at the payment time;
c) If the person whose
land is requisitioned loses income as a direct consequence of the land
requisition, the compensation must be determined based on the actual loss of
income from the hand-over date to the returning date of the requisitioned land
which is indicated in the decision on return of the requisitioned land.
The amount of actual
loss of income must be consistent with the income incurred from the
requisitioned land in normal conditions prior to the requisition.
d) The chairperson of
the provincial- or district-level People’s Committee of the locality shall form
a council to determine the level of compensation for damage caused by the land
requisition based on the written declarations of the land users and cadastral
records. Based on the level of compensation determined by the council, the
chairperson of the provincial- or district-level People’s Committee shall
decide on the compensation;
e) Compensation for
damage caused by land requisition must be paid from the state budget in one-off
payment and directly to the person whose land is requisitioned within 30 days
from the returning date.
8. The Government shall
detail this Article.
Article 73. Use of land
through transfer and lease of land use rights and receipt of land use rights
contributed as capital for production and business
1. If the land used for
the projects or facilities for production and business purposes is not subject
to recovery by the State as prescribed in Articles 61 and 62 of this Law and
such land use is in accordance with the master plans, plans on land use
approved by competent state agencies, the investors may receive the transfer
of, or lease, land use rights, or receive land use rights contributed as
capital in accordance with law.
2. The State shall adopt
policies to encourage the lease of land use rights or the receipt of land use
rights contributed as capital of economic organizations, households and
individuals to implement the projects or facilities for production and
business.
3. The Government shall
detail this Article.
Section 2. COMPENSATION
FOR LAND, SUPPORT AND RESETTLEMENT
Article 74. Principles
of compensation upon land recovery by the State
1. Land users who meet
the conditions prescribed in Article 75 of this Law upon land recovery by the
State shall be compensated.
2. The compensation must
be made in the form of allocating new land with the same land use purpose with
the recovered land. If there is no land available for compensation, the land
users shall receive compensation in money calculated according to the specific land
price of the type of recovered land which is decided by the provincial-level
People’s Committee at the time of the recovery decision.
3. The compensation upon
land recovery by the State must be made in a democratic, impartial, equal,
public, timely and lawful manner.
Article 75. Conditions
for receiving compensation when the State recovers land for national defense or
security purpose; for socio-economic development in the national or public
interest
1. Households and
individuals using land which is not leased land with annual rental payment,
having a certificate of land use rights, a certificate of ownership of houses
and residential land use rights, or a certificate of land use rights and
ownership of houses and other land-attached assets (below referred to as the
certificate), or being eligible to be granted a certificate under this Law but
not being granted that certificate yet, except the cases prescribed in Clause
2, Article 77 of this Law. Overseas Vietnamese who are eligible to own houses
associated with land use rights in Vietnam and are granted a certificate of
land use rights and ownership of houses and residential land use rights and
other land-attached assets, or being eligible to be granted such certificate
under this Law but not being granted that certificate yet.
2. Communities and
religious establishments using land which is not allocated or leased land by
the State and having a certificate, or being eligible to be granted a
certificate of land use rights and ownership of houses and other land-attached
assets under this Law but not being granted that certificate yet.
3. Overseas Vietnamese
who are allocated land with land use levy by the State, or are leased land with
full one-off rental payment for the entire lease period, or are transferred
land use rights in industrial parks, industrial clusters, export processing
zones, hi-tech zones or economic zones, having a certificate or being eligible
to be granted a certificate of land use rights and ownership of houses and
other land-attached assets under this Law but not being granted that
certificate yet.
4. Organizations that
are allocated land with land use levy by the State, or are leased land with
full one-off rental payment for the entire lease period, or receive inherited
land use rights, or are transferred land use rights for which the land use levy
has been paid or the amount paid for the transfer does not originate from the
state budget, having a certificate or being eligible to be granted a
certificate of land use rights and ownership of houses and other land-attached
assets under this Law but not being granted that certificate yet.
5. Foreign organizations
with diplomatic functions that are leased land by the State with full one-off
rental payment for the entire lease period and having a certificate or being
eligible to be granted a certificate of land use rights and ownership of houses
and other land-attached assets under this Law but not being granted that
certificate yet.
6. Economic
organizations, overseas Vietnamese and foreign-invested enterprises that are
allocated by the State land with land use levy to implement investment projects
for construction of houses for sale or for a combination of sale and rent, or
are leased land with full one-off rental payment for the entire lease period,
having a certificate or being eligible to be granted a certificate of land use
rights and ownership of houses and other land-attached assets under this Law
but not being granted that certificate yet.
Article 76. Compensation
for remaining investment costs on land when the State recovers land for
national defense or security purpose; or for socio-economic development in the
national or public interest
1. Cases that are not
eligible for compensation for land but are eligible for compensation for the
remaining investment costs on land when the State recovers the land include:
a) Land which is
allocated by the State without land use levy, except the cases in which
agricultural land is allocated to households and individuals as prescribed in
Clause 1, Article 54 of this Law;
b) Land which is
allocated with land use levy by the State to organizations but those
organizations are exempted from land use levy;
c) Land which is leased
by the State with annual rental payment or leased land with full one- off
rental payment for the entire lease period but the land rental is exempted, for
cases in which households and individuals use land under the policies for
people with meritorious services to the revolution;
d) Agricultural land
belonging to the public land fund of the communes, wards or townships;
e) Contracted land for
agriculture, forestry, aquaculture or salt production.
2. The Government shall
detail this Article.
Article 77. Compensation
for land and remaining investment costs on land when the State recovers agricultural
land from households and individuals
1. Households and
individuals using agricultural land when the State recovers land are eligible
to receive compensation for land and remaining investment costs on land in
accordance with the following provisions:
a) Agricultural land
area to be compensated includes the area within the quotas as prescribed in
Articles 129 and 130 of this Law and the area received in the form of
inheritance;
b) Agricultural land
area exceeding the quota specified in Article 129 of this Law is ineligible for
compensation for land but is eligible for the remaining investment costs on
land;
c) For agricultural land
area exceeding the quota prior to the effective date of this Law, the
compensation and support must comply with the Government’s regulations.
2. For agricultural land
which was used before July 1,2004, of which land users are households and
individuals directly engaged in agricultural production but have not been
granted a certificate or not being eligible to be granted a certificate of land
use rights and ownership of houses and other land-attached assets under this
Law, the compensation must be made for the land area which is actually used and
does not exceed the agricultural land allocation quota prescribed in Article 129
of this Law.
Article 78. Compensation
for land and remaining investment costs on land when the State recovers
agricultural land from economic organizations, self-financed public
non-business organizations, communities or religious establishments
1. For economic
organizations that are using allocated agricultural land with land use levy or
leased land with full one-off rental payment for the entire lease period, or
are transferred land use rights, if they are eligible for compensation as
prescribed in Article 75 of this Law when the State recovers the land, they
shall be compensated for land for the remaining land use term.
2. Economic
organizations, self-financed public non-business organizations that are using
allocated agricultural land with annual rental payment, shall, upon land
recovery by the State, not be compensated for land but for the remaining
investment costs on land if the costs do not originate from the state budget.
If agricultural land is
not land for special-use forest, protective forest or production forest which
is natural forest and has been contracted by economic organizations to
households and individuals in accordance with law, upon land recovery by the
State, die households and individuals acquiring the contracted land shall not be
compensated for land but for the remaining investment costs on land.
3. Communities and
religious establishments that are using agricultural land and eligible for
compensation as prescribed in Article 75 of this Law, shall, upon land recovery
by the State, be compensated for land in accordance with the Government’s
regulations.
Article 79. Compensation
for land when the State recovers residential land
1. Households and
individuals using residential land and overseas Vietnam owning houses
associated with land use rights in Vietnam, who are eligible for compensation
as prescribed in Article 75 of the Law upon land recovery by the State, shall
be compensated as follows:
a) If they have no other
residential land or houses in the communes, wards or townships in which the
recovered land is located, they shall be compensated with residential land or
house. If they have no need for compensation with residential land or house,
the State shall compensate them in money;
b) If
they have other residential land or houses in the communes, wards or townships
in which the recovered land is located, they shall be compensated in money. For
localities with available land fund, the compensation in the form of land may
be considered.
2. For households and
individuals that are required to move upon the State’s recovery of land and
land-attached houses, if they are ineligible for compensation with residential
land and have no other living place, the State shall offer houses for them to
buy or lease-purchase, or allocate them residential land with land use levy.
3. Economic
organization, overseas Vietnamese and foreign-invested enterprises that are
using land for housing projects and are eligible for compensation as prescribed
in Article 75 of this Law, shall be compensated for land upon land recovery by
the State.
4. The Government shall
detail this Article.
Article 80. Compensation
for land and remaining investment costs on land when the State recovers
non-agricultural land which is not residential land of households and
individuals
1. For households and
individuals using non-agricultural land which is not residential land, when the
State recovers land, if they are eligible for compensation as prescribed in
Article 75 of this Law, they shall be compensated with land having the same land
use purpose. In case such land is not available for compensation, they shall be
compensated with money calculated based on the remaining land use term.
2. For households and
individuals using non-agricultural land which is not residential land and is
leased by the State with annual rental payment or with full one-off rental
payment for the entire lease period but being exempted from land rental, when
the State recovers land, they shall not be compensated for land but for the
remaining investment costs in land, except the cases in which households and
individuals use land under the policies for people with meritorious services to
the revolution.
3. The Government shall
detail this Article.
Article 81. Compensation
for land and remaining investment costs on land when the State recovers
non-agricultural land which is not residential land from economic
organizations, self-financed public non-business organization, communities,
religious establishments, overseas Vietnamese, foreign organizations with
diplomatic functions, and foreign-invested enterprises
1. For economic
organizations and overseas Vietnamese using non-agricultural land which is not
residential land or land of cemeteries or graveyards, when the State recovers
land, if they are eligible for compensation as prescribed in Article 75 of this
Law, they shall be compensated with land having the same land use purpose. In
case that land is not available for compensation, they shall be compensated
with money calculated based on the remaining land use term.
2. Economic
organizations using land allocated for construction of cemeteries or graveyards
as prescribed in Clause 4, Article 55 of this Law, or joint ventures using
non-agricultural land that is not residential land as a result of receipt of
land use rights contributed as capital as prescribed in Article 184 of this
Law, shall be compensated for land according to the Government’s regulations
when the State recovers the land.
3. For economic
organizations, self-financed public non-business organization, overseas
Vietnamese, foreign organizations with diplomatic functions, and
foreign-invested enterprises using non-agricultural land which is leased with
full one-off rental payment for the entire lease period, if they are eligible
for compensation as prescribed in Article 75 of this Law when the State
recovers land, they shall be compensated for land according to the remaining
land use term.
4. Economic
organizations, self-financed public non-business organization, overseas
Vietnamese, foreign organizations with diplomatic functions, and
foreign-invested enterprises using non-agricultural land which is leased by the
State with annual rental payment shall be compensated for the remaining
investment costs on land upon land recovery by the State.
5. For communities and
religious establishments using non-agricultural land, if they are eligible for
compensation as prescribed in Article 75 of this Law when the State recovers
land, they shall be compensated for land in accordance with the Government’s
regulations.
Article 82. Cases in which
compensation for land is not made upon land recovery by the State
The State shall recover
land without compensation for land in the following cases:
1. The cases specified
in Clause 1, Article 76 of this Law;
2. Land which is
allocated by the State for management;
3. Land which is
recovered as prescribed in Article 64 and at Points a, b, c and d, Clause 1,
Article 65 of this Law;
4. Cases that are not
eligible for a certificate of land use rights and ownership of houses and other
land-attached assets in accordance with this Law, except the cases prescribed
in Clause 2, Article 77 of this Law.
5. Principles of support
upon land recovery by the State:
a) Upon land recovery by
the State, in addition to receiving compensation in accordance with this Law,
land users shall also be considered for receiving support from the State;
b) The support must
ensure impartiality, equality, publicity, timeliness and lawfulness.
6. The support upon land
recovery by the State includes:
a) Support for stabilizing
livelihood and production;
b) Support for training,
occupation change and job seeking for cases of recovery of agricultural land
from households and individuals directly engaged in agricultural production, or
of recovery of land which is a combination between residential land and land
for trading and services of households and individuals that have to be
relocated;
c) Support for
resettlement in case of recovery of land from households, individuals and
overseas Vietnamese who have to be relocated;
d) Other support.
7. The Government shall
detail this Article.
Article 84. Support for
vocational training, occupation change and job seeking for households and
individuals upon land recovery by the State
1. For households and
individuals directly engaged in agricultural production, when the State
recovers agricultural land and there is no agricultural land available for
compensation, in addition to receiving compensation in money, they are entitled
to support for vocational training, occupation change and job seeking.
In case the people who
are entitled to support for vocational training, occupation change or job
seeking are of working age and have need for vocational training, they may be
admitted to vocational training centers, receive counseling on job seeking and
preferential loans to develop production and business.
2. Households and
individuals using residential land in combination with trading and services in
which the main source of income derives from trading and services, and need to
be relocated when the State recovers land, are entitled to preferential loans
to develop production and business. Persons having land recovered and who are
of working age are entitled to support for vocational training, occupation
change and job seeking.
3. Based on the annual
district-level land use plans, provincial- and district-level People’s
Committees shall make and implement plans for vocational training, occupation
change and job seeking for those whose recovered land is agricultural land or
residential land in combination with trading and services. Plans for vocational
training, occupation change and job seeking shall be developed and approved
concurrently with plans for compensation, support and resettlement.
During the process of
making plans for vocational training, occupation change and job seeking,
provincial- and district-level People’s Committees shall organize consultations
with, and give explanation and assimilate opinions from, people whose land is
recovered.
Article 85. Formulation
and implementation of resettlement projects
1. Provincial- and
district-level People’s Committees shall develop and implement the resettlement
projects before conducting the land recovery.
2. In the concentrated
resettlement areas, infrastructure must be developed synchronously, ensuring
construction standards and regulations and conformity with the conditions,
customs and practices of each region and area.
3. Land recovery can
only be conducted after the construction of houses and infrastructure in the
resettlement area is completed.
4. The Government shall
detail this Article.
Article 86. Resettlement
arrangement for persons having land recovered and who need to be relocated
1. The organization in
charge of compensation and ground clearance which is assigned by the
provincial- and district-level People’s Committees to arrange resettlement
shall notify persons having land recovered and who need to be relocated of the
tentative resettlement arrangement plan and post up the plan at the offices of
the commune-level People’s Committee, at common public places of the
residential areas of which land is recovered and at resettlement areas for at
least 15 days before competent state agencies approve the plan.
The contents of the
notification include the location and area of resettlement land and
resettlement houses, design and area of each land lot or apartment, prices of
resettlement land and resettlement houses, and the tentative plan for
resettlement arrangement for persons having land recovered.
2. People whose land is
recovered shall be resettled in the same place if the resettlement projects are
developed or conditions for resettlement arrangement exist in the recovered
area. Convenient locations are prioritized for those who hand over the
recovered land early or people with meritorious services to the revolution.
The approved plan for
resettlement arrangement must be publicized at the office of the commune-level
People’s Committee and at common public places of the residential areas of
which land is recovered.
3. The specific land
price used to calculate land use levy at resettlement areas and the sale price
of resettlement houses shall be determined by the provincial-level People’s
Committee.
4. In case people having
land recovered are resettled while the amount of compensation and support is
not enough to buy the minimum resettlement plot, the State shall make up the
deficit.
The Government shall
specify the minimum resettlement plot in conformity with specific conditions of
each region, area and locality.
Article 87.
Compensation, support and resettlement for special cases
1. For investment
projects that are decided by the National Assembly or approved in principle by
the Prime Minister and require relocation of all population in the community,
affecting all the livelihood, socio-economic activities, and cultural
traditions of the community, and for projects of which the recovered land is
located in several provinces and centrally run cities, the Prime Minister shall
decide on the policy framework for compensation, support and resettlement.
2. For projects using
loans from international or foreign organizations for which Vietnam has
committed to a policy framework for compensation, support and resettlement,
that framework policy shall apply.
3. For the cases
prescribed at Points e and f, Clause 1, Article 65 of this Law, people whose
land is recovered are entitled to compensation, support and resettlement to
stabilize their livelihood and production in accordance with the Government’s
regulations.
Section 3. COMPENSATION
FOR DAMAGE TO ASSETS, PRODUCTION AND BUSINESS
Article 88. Principles
of compensation for damage to assets and damage incurred due to stopped
production and business upon land recovery by the State
1. If land-attached
assets are damaged upon land recovery by the State, lawful owners of those
assets are entitled to compensation.
2. Upon the land
recovery by the State, if organizations, households, individuals, overseas
Vietnamese or foreign-invested enterprises have to stop production and business
which causes them damage, they are entitled to compensation for the damage.
Article 89. Compensation
for damage to houses and construction facilities on land upon the land recovery
by the State
1. For houses and
land-attached residential construction facilities of households, individuals or
overseas Vietnamese which are wholly or partially dismantled upon land recovery
by the State while the remaining part does not meet technical standards as
prescribed by law, their owners are entitled to compensation equivalent to the
value of new houses and construction facilities with equivalent technical
standards.
If the remaining part of
the houses and construction facilities still meets the technical standards as
prescribed by law, the compensation must be made based on the actual damage.
2. For houses and other
land-attached construction facilities not falling into the case specified in
Clause 1 of this Article, which are wholly or partially dismantled upon land
recovery by the State while the remaining part does not meet technical
standards as prescribed by law, their owners are entitled to compensation for
the damage in accordance with the Government’s regulations.
3. For land-attached
technical infrastructure and social infrastructure cuưently in use and not falling into the cases specified
in Clauses 1 and 2 of this Article, the compensation amount is equivalent to
the value of new construction facilities with equivalent technical standards
prescribed by specialized law.
Article 90. Compensation
for plants and livestock
1. In case the land
recovery by the State causes damage to plants, the compensation shall be made
according to the following provisions:
a) For annual crops, the
compensation must be equal to the output value of the harvest. The output value
of the harvest is the highest yield of the harvests in the preceding 3 years of
the local main crop and the average price at the time of land recovery;
b) For perennial crops,
the compensation must be equal to the current value of the planting area
calculated in local prices at the time of the land recovery, excluding the
value of land use rights;
c) For plants which have
not been harvested yet but can be brought to another location, the
transportation cost and the actual damage due to the transportation and
re-planting must be compensated;
d) For planted forests
funded by the state budget and for natural forests allocated to organizations,
households and individuals for planting, management, growing or protection, the
value of the actual damage must be compensated. The compensation amount must be
divided to those who manage, grow and protect the forests in accordance with
the law on forest protection and development.
2. In case land recovery
by the State causes damage to aquatic livestock, the compensation must be made
according to the following provisions:
a) For aquatic livestock
which are due to be harvested at the time of land recovery, no compensation
must be made;
b) For aquatic livestock
which are not due to be harvested at the time of land recovery, the actual
damage due to the early harvest must be compensated. In case the aquatic
livestock can be brought to another location, the transportation cost and the
damage caused by the transportation must be compensated. The specific compensation
amount must be determined by provincial-level People’s Committees.
Article 91. Compensation
for transportation costs upon land recovery by the State
1. Upon land recovery by
the State, people whose assets need to be moved shall be compensated for the
cost of dismantlement, transportation and installation. In case of moving
machinery or production lines, the damage caused during the process of
dismantlement, transportation and installation must also be compensated.
2. Provincial-level
People’s Committees shall prescribe the compensation amount mentioned in Clause
1 of this Article.
Article 92. Cases
ineligible for compensation for land-attached assets upon land recovery by the
State
1. Land-attached assets
falling into any of the cases of land recovery specified at Points a, b, d, e,
f and i, Clause 1, Article 64, and at Points b and d, Clause 1, Article 65 of
this Law.
2. Land-attached assets
which are illegally created or created after the notice of land recovery by a
competent state agency takes effect.
3. Technical
infrastructure, social infrastructure and other construction facilities which
are no longer in use.
Article 93. Payment of
compensation, support and resettlement money
1. Within 30 days after
the decision on the land recovery by a competent state agency takes effect,
agencies and organizations in charge of compensation shall pay compensation and
support to people whose land is recovered.
2. If agencies and
organizations in charge of compensation delay the payment, in addition to the
compensation and support prescribed in approved plans for compensation, support
and resettlement, people whose land is recovered are entitled to an amount
equivalent to the late- payment interest in accordance with the Law on Tax
Administration calculated based on the unpaid amount and the delayed period.
3. In case people whose
land is recovered do not receive the compensation and support prescribed in
approved plans for compensation, support and resettlement, this compensation
and support must be deposited in the temporary custody account of the State
Treasury.
4. For land users who
are entitled to compensation upon land recovery by the State but have not
fulfilled land-related financial obligations as prescribed by law, the amount
of these financial obligations must be deducted from the compensation amount
and paid back to the state budget.
5. The Government shall
detail this Article.
Article 94. Compensation
for land within safety coưidors
upon construction of facilities with safety corridors
When the State constructs
public, national defense or security facilities with safety corridors without
recovering the land located within the safety corridors, the land users are
entitled to compensation for the damage caused by limited land use and for the
damage to land-attached assets in accordance with the Government’s regulations.
Chapter 7.
LAND REGISTRATION, GRANT
OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND OTHER
LAND-ATTACHED ASSETS
Section 1. REGISTRATION
OF LAND, HOUSES AND OTHER LAND-ATTACHED ASSETS
Article 95. Registration
of land, houses and other land-attached assets
1. Land registration is
compulsory for land users and people who are allocated land for management.
Registration of ownership of houses and other land-attached assets is conducted
at the request of the owner.
2. Registration of land,
houses and other land-attached assets includes the first registration and
change registration which are conducted at the land registration organization
under the land administration agency, in the form of paper or electronic
registration, which are of the same legal validity.
3. First registration is
conducted in the following cases:
a) The land parcel is
allocated or leased for use;
b) The land parcel is in
use but not registered yet;
c) The land parcel is
allocated for management but not registered yet;
d) The houses and other
land-attached assets are not registered yet.
4. Change registration
is conducted in the cases in which the certificates have been granted or change
occurs after the first registration as follows:
a) The land user or the
owner of land-attached assets exercises the right to exchange, transfer, lease,
sublease, inherit, donate land use rights or land-attached assets; mortgage or
contribute as capital land use rights or land-attached assets;
b) The land user or the
owner of land-attached assets is allowed to change his/her name;
c) There is a change in
the shape, dimension, area, number and address of the land parcel;
d) There is a change in
land-attached assets compared with the registered contents;
e) There is a change of
land use purpose;
f) There is a change of
land use term;
g) There is a change
from land lease with annual rental payment to land lease with one-off rental
payment for the entire lease period, from land allocation without land use levy
to land lease, or from land lease to land allocation with land use levy in
accordance with this Law;
h) Land use rights or
the ownership of houses and other land-attached assets of the wife or husband
is converted the joint land use rights and ownership of houses and other
land-attached assets of both husband and wife;
i) The joint land use
rights and ownership of houses and other land-attached assets of the
organization or the household, of both husband and wife, of joint land users group
and joint owners of land-attached assets are split;
k) There is a change in
land use rights or ownership of houses and other land-attached assets as a
result of the successful conciliation of land disputes which is confirmed by a
competent People’s Committee, the agreement in the mortgage contract to settle
the debt, the decision of a competent state agency on settlement of land
dispute, complaint and denunciation, the decision or judgment of a People’s
Court, the decision on enforcement of the enforcement board which has been
implemented, or the document recognizing the result of the auction of land use
rights in accordance with law;
l/ The limited use
rights to the adjacent land parcel are established, changed or terminated;
m/ There is a change in
the limitations on the rights of land users.
5. Land users and owners
of land-attached assets who have declared and registered are recorded in the
cadastral book and granted a certificate of land use rights and ownership of
houses and other land-attached assets if they so request and are eligible in
accordance with this Law and other relevant laws. In case of change
registration, land users are granted a certificate of land use rights and
ownership of houses and other land-attached assets, or have the change certified
in the granted certificate.
In case of first
registration, if land users are ineligible for a certificate of land use rights
and ownership of houses and other land-attached assets, they may use land
temporarily until the State issues a handling decision on the issue in
accordance with Government’s regulations.
6. For the cases of
change registration specified at Points a, b, h, i, k and 1, Clause 4 of this
Article, land users shall perform the procedures for change registration within
30 days from the date of the change. In case of inheritance, this period is
calculated from the date the inherited land use rights are divided.
7. The registration of
land and land-attached assets takes effect on the date of registration in the
cadastral book.
Article 96. Cadastral
records
8. Cadastral records
include paper or digital documents which show detailed information on each land
parcel, people assigned to manage the land, the land user, the owner of any
land-attached asset, land use rights and changes of land use rights, and the
ownership of land-attached assets.
9. The Minister of
Natural Resources and Environment shall prescribe cadastral records, the
establishment, editing and management of cadastral records, and provide a
roadmap for change from paper to digital cadastral records.
Section 2. GRANT OF THE
CERTIFICATE OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND OTHER LAND-ATTACHED
ASSETS
Article 97. Certificates
of land use rights and ownership of houses and other land-attached assets
1. A certificate of land
use rights and ownership of houses and other land-attached assets is granted to
those who have land use rights and the ownership of houses and other
land-attached assets, which is made according to a single form used nationwide.
The Minister of Natural
Resources and Environment shall issue specific regulations on the certificate
of land use rights and ownership of houses and other land-attached assets.
2. The certificate of
land use rights, the certificate of house ownership and residential land use
rights, the certificate of house ownership and the certificate of construction
facilities ownership which have been granted in accordance with the land law,
housing law or construction law before December 10, 2009, remain legally valid
and are not required to be changed to the certificate of land use rights and
ownership of houses and other land-attached assets. In case those who were
granted a certificate before December 10, 2009, want to change the certificate,
they shall be granted the certificate of land use rights and ownership of
houses and other land-attached assets in accordance with this Law.
Article 98. Principles
of grant of certificates of land use rights and ownership of houses and other
land-attached assets
1. The certificate of
land use rights and ownership of houses and other land-attached assets shall be
granted for each land parcel. Land users who are using several agricultural
land parcels in the same commune, ward or township, shall be granted one
certificate for all parcels at their request.
2. For a land parcel
which is used by several land users or for the houses and other land-attached
assets which are owned by several owners, the names of all involved persons
shall be recorded in the certificate, and each person shall be granted one certificate.
At the request of the land users or owners, only one certificate may be granted
to all of them and delivered to the representative.
3. Land users or owners
of houses and other land-attached assets shall be granted a certificate of land
use rights and ownership of houses and other land-attached assets after they
have fulfilled the financial obligations as prescribed by law.
In case the land users
or owners of houses and other land-attached assets do not have to fulfill
financial obligations or are exempted from financial obligations or allowed to
owe the financial obligations and in case the land is leased with annual rental
payment, they may receive the certificate of land use rights and ownership of
houses and other land-attached assets right after the certificate is granted by
a competent agency.
4. In case land use
rights, or land use rights and the ownership of houses and other land- attached
assets, or the ownership of houses and other land-attached assets are)is the
joint property of husband and wife, the full names of both husband and wife
must be recorded in the certificate of land use rights and ownership of houses
and other land-attached assets, unless husband and wife agree to record the
full name of only one person.
In case land use rights,
or land use rights and the ownership of houses and other land-attached assets,
or the ownership of houses and other land-attached assets are)is the joint
property of husband and wife and the granted certificate only records the full
name of the husband or wife, a new certificate which records the full names of
both husband and wife may be granted if requested.
5. If there is a
difference in the area between the actual surveyed data with data recorded on
the documents as prescribed in Article 100 of this Law or in the granted
certificate while the boundaries of the land parcel in use have not changed
compared with the boundaries of the land parcel at the time of receiving the
document on land use rights and there is no dispute with the adjacent land
users, the land area is determined in accordance with the actual surveyed data
for granting or changing the certificate. Land users do not have to pay land
use levy for the positive balance in area, if any.
In case of resurvey and
the boundaries of the land parcel change compared with the boundaries of the
land parcel at the time of receiving the document on land use rights and the
surveyed area is larger than the area recorded in that document, the balance
area (if any) may be considered for the grant of a certificate of land use
rights and ownership of houses and other land-attached assets in accordance
with Article 99 of this Law.
Article 99. Cases of
land use to be granted a certificate of land use rights and ownership of houses
and other land-attached assets
1. The State shall grant
a certificate of land use rights and ownership of houses and other
land-attached assets for the following cases:
a) Current land users
who are eligible to be granted a certificate of land use rights and ownership
of houses and other land-attached assets in accordance with Articles 100, 101
and 102 of this Law;
b) People who are
allocated land or leased land by the State from the date this Law takes effect;
c) People who are
allowed to exchange, acquire, inherit, receive land use rights as a donation,
or receive land use rights contributed as capital, or to receive land use
rights upon settlement of contracts on mortgage with land use rights to recover
debts;
d) People who are
entitled to use land as a result of the successful conciliation of land
disputes, a judgment or decision of the People’s Court, a judgment enforcement
decision of the judgment enforcement agency, or a decision on settlement of
land disputes, complaints or denunciations of a competent state agency, which
has been executed;
e) People who use land
in industrial parks, industrial parks, export processing zones, hi-tech zones
or economic zones;
g) People who buy houses
and other land-attached assets;
h) People who buy houses
attached to residential land liquidated by the State or buy state- owned
houses;
i) People who use split
or consolidated land parcels; a group of land users or members of a household,
husband and wife, organizations using land who split or consolidate the
existing land use rights;
k) Land users who request
change or re-grant of a lost certificate.
2. The Government shall
detail this Article.
Article 100. Grant of
the certificate of land use rights and ownership of houses and other
land-attached assets to households, individuals and communities that are using
land and have documents on land use rights
1. Households and
individuals that are using land stably and have one of the following documents
shall be granted a certificate of land use rights and ownership of houses and
other land-attached assets without having to pay land use levy:
a) The documents on land
use rights before October 15, 1993, which were granted by a competent agency in
the process of implementing the land policy of the Democratic Republic State of
Vietnam, the Provisional Revolutionary Government of the Republic of South
Vietnam or the Socialist Republic of Vietnam;
b) Temporary
certificates of land use rights granted by competent state agencies, or having
their names recorded in the Land Register Book or Cadastral Book before October
15, 1993;
c) Lawful papers on
inheritance or donation of land use rights or land-attached assets, documents
on hand-over of land-attached gratitude house or charity house;
d) The document on the
transfer of land use rights or purchase of residential land-attached houses
before October 15, 1993, and such houses were certified as being used before
October 15, 1993, by the commune-level People’s Committee;
e) The document on
liquidation of residential land-attached houses by the State or document on
purchase of a state-owned house in accordance with law;
f) The document on land
use rights issued by a competent authority of the former regime to land users;
g) Other
documents issued before October 15, 1993, in accordance with the Government’s
regulations.
2. Households and
individuals that are using the land and have one of the documents specified in
Clause 1 of this Article bearing the names of other people accompanied by the
documents on transfer of land use rights signed by the related parties, but
have not performed the procedures for the transfer of land use rights in
accordance with law prior to the effective date of this Law, and there is no
dispute on that land, shall be granted a certificate of land use rights and
ownership of houses and other land-attached assets without having to pay land
use levy.
3. Households and
individuals that are allowed to use land pursuant to a decision or a judgment
of the People’s Court, a judgment enforcement decision of a judgment
enforcement agency, a document recognizing results of the successful
conciliation or a decision of a competent state agency on settlement of land
disputes, complaints or denunciations which was executed, shall be granted a
certificate of land use rights and ownership of houses and other land-attached assets.
In case they have not fulfilled their financial obligations, they shall fulfill
those obligations in accordance with law.
4. Households and
individuals using land that is allocated or leased by the State from October
15, 1993, to the effective date of this Law and have not been granted a
certificate, shall be granted a certificate of land use rights and ownership of
houses and other land-attached assets. In case they have not fulfilled their
financial obligations, they shall fulfill those obligations in accordance with
law.
5. Communities using
land with communal houses, temples, shrines, hermitages, worship halls or
ancestral temples; agricultural land prescribed in Clause 3, Article 131 of
this Law, and that land is dispute-free and is certified as the land used
commonly by the community by the commune-level People’s Committee, shall be
granted a certificate of land use rights and ownership of houses and other
land-attached assets.
Article 101. Grant of a
certificate of land use rights and ownership of houses and other land- attached
assets to households and individuals that are using land and have no documents
on land use rights
1. Households and
individuals using the land prior to the effective date of this Law and having
none of documents prescribed in Article 100 of this Law that have a book of
status of permanent residence in the locality and are directly engaged in
agriculture, forestry, aquaculture or salt production in areas with difficult
socio-economic conditions or especially difficult socio-economic conditions,
and are certified by the commune-level People’s Committee that the land has
been used stably and dispute-free, shall be granted a certificate of land use
rights and ownership of houses and other land-attached assets without having to
pay land use levy.
2. Households and
individuals using land and having none of documents prescribed in Article 100
of this Law that have used land stably before July 1, 2004, with no violations
of the land law and such land is certified by the commune-level People’s
Committee as dispute-free and conformable with the master plan on land use,
detailed urban construction master plan and master plan on construction of
rural residential areas approved by competent state agencies, shall be granted
a certificate of land use rights and ownership of houses and other
land-attached assets.
3. The Government shall
detail this Article.
Article 102. Grant of a
certificate of land use rights and ownership of houses and other land- attached
assets to organizations and religious establishments that are using land
1. Organizations using
land shall be granted a certificate of land use rights and ownership of houses
and other land-attached assets for the land area which is used for proper
purposes.
2. The land area used by
organizations which is not covered in the certificate of land use rights and
ownership of houses and other land-attached assets is settled as follows:
a) The State shall
recover land which is not used, is used improperly, is borrowed or leased
illegally, is encroached or occupied;
b) Organizations shall
hand over the land area which was used as residential land to the
district-level People’s Committee for management. In case that residential land
is in accordance with the master plan on land use approved by a competent state
agency, the land users are entitled to be granted a certificate of land use
rights and ownership of houses and other land-attached assets. In case a state
enterprise engaged in agriculture, forestry, aquaculture or salt production is
allocated land and lets households and individuals use part of that land for
residential purpose before July 1, 2004, that enterprise shall make a plan for rearrangement of such
residential area into a residential quarter and submit it to the
provincial-level People’s Committee for approval before handing over the land
to the locality for management.
3. For organizations
using leased land as prescribed in Article 56 of this Law, the provincial-
level land administration agency shall perform the procedures to sign the land
lease contract before granting a certificate of land use rights and ownership
of houses and other land-attached assets.
4. Religious
establishments using land shall be granted a certificate of land use rights and
ownership of houses and other land-attached assets if they fully meet the
following conditions:
a) Being licensed to
operate by the State;
b) The land is
dispute-free;
Article 103.
Determination of residential land area with respect to land with ponds and
gardens
1. In order to be
considered as residential land with gardens and ponds of households or
individuals must be located within a land parcel with existing houses.
2. If a land parcel with
gardens and ponds was formed before December 18, 1980, and the land user
possesses one of the documents on land use rights as prescribed in Clauses 1, 2
and 3, Article 100 of this Law, the area of residential land shall be
determined in accordance with such documents.
In case the residential
area is not indicated clearly in documents on land use rights prescribed in
Clauses 1, 2 and 3 of Article 100 of this Law, the residential land area to be
recognized without land use levy must not exceed 5 times the land allocation
quota prescribed in Clause 2, Article 143, and Clause 4, Article 144 of this
Law.
3. If a land parcel with
gardens and ponds was formed in the period from December 18, 1980, to before
July 1, 2004, and the land user possesses one of the documents on land use
rights as prescribed in Article 100 of this Law and the land area is indicated clearly
in those documents, the residential land area shall be determined according to
those documents.
4. If a land parcel with
gardens and ponds was formed in the period from December 18, 1980, to before
July 1, 2004, and the land user possesses one of the documents on land use
rights as prescribed in Article 100 of this Law and the land area is not
indicated clearly in those documents, the residential land area shall be
determined as follows:
a) The provincial-level
People’s Committee shall, based on the local conditions and customs, prescribe
the residential land recognition quota for each household in accordance with
local customs and the number of people in the household;
b) If the land parcel is
larger than the prescribed residential land recognition quota of the locality,
the residential land area shall be determined equal to the residential land
recognition quota of the locality;
c) If the land parcel is
smaller than the prescribed residential land recognition quota of the locality,
the residential land area must be determined as the whole area of the land
parcel.
5. In case there are no
documents on land use rights as prescribed in Article 100 of this Law, and the
land has been used stably since before October 15, 1993, the residential land
area shall be determined under Clause 4 of this Article. In case the land has
been used stably from October 15, 1993, the residential land area shall be
determined in accordance with residential land area allocated to each household
or individual as prescribed in Clause 2, Article 143, and Clause 4, Article 144
of this Law.
6. After the residential
land area is determined under Clauses 2, 3, 4 and 5 of this Article, the
remaining land area with gardens and ponds shall be used for the current land
use purpose under Clause 1, Article 10 of this Law.
7. The Government shall
detail this Article.
Article 104. Grant of a
certificate for land-attached assets
1. Land-attached assets
to be granted a certificate of land use rights and ownership of houses and
other land-attached assets include houses, other construction facilities,
production forests which are planted forests, and perennial crops existing at
the time the certificate of land use rights and ownership of houses and other
land-attached assets is granted.
2. The grant of a
certificate of land use rights and ownership of houses and other land-attached
assets for land-attached assets must comply with the Government’s regulations.
Article 105. Competence
to grant certificates "of land use rights and ownership of houses and
other land-attached assets
1. Provincial-level
People’s Committees shall grant certificates of land use rights and ownership
of houses and other land-attached assets to organizations, religious
establishments, overseas Vietnamese, foreign-invested enterprises which
implement investment projects, and foreign organizations with diplomatic
functions.
Provincial-level
People’s Committees may authorize the agency in charge of natural resources and
environment of the same level to grant the certificates of land use rights and
ownership of houses and other land-attached assets.
2. District-level
People’s Committees shall grant the certificates of land use rights and
ownership of houses and other land-attached assets to households, individuals
and communities, and to overseas Vietnamese that are eligible to own house
associated with land use rights in Vietnam.
3. For the subjects that
were granted a certificate, a certificate of houses ownership or a certificate
of construction facilities ownership, and execute the rights of land users or
owners of land-attached assets or apply for the renewal or re-grant of the
certificate, the certificate of houses ownership or the certificate of
construction facilities ownership, the agency in charge of natural resources
and environment shall handle in accordance with the Government’s regulations.
Article 106.
Correction and withdrawal of existing certificates
1. The state agencies
which have the competence to grant the certificate shall correct the granted
certificates which bear the following errors:
a) There is wrong
information on the name, the papers on legal status or personal identity, in
the address of the land user or owner of land-attached assets as compared with
the papers on legal status or personal identity at the time of grant of the
certificate to such person;
b) There is wrong
information on the land parcel, land-attached assets as compared with the
registration application dossier on land and land-attached assets which have
been inspected and certified by the land registration agency.
2. The State may
withdraw a granted certificate in the following cases:
a) The State recovers
the whole land area indicated on the granted certificate;
b) The granted
certificate is renewed;
c) The land user or
owner of the land-attached assets registers for a change of land or land-
attached assets for which a new certificate of land use rights and ownership of
houses and other land-attached assets must be granted;
d) The existing
certificate was granted ultra vires, to an improper land user, for a wrong land
area, without sufficient conditions, for improper land use purpose or land use
term or land use origin as prescribed by the land law, except for the case in
which the person for whom the certificate is granted has transferred land use
rights or ownership of land-attached assets in accordance with the land law.
3. The withdrawal of a
granted certificate for the cases prescribed at Point d, Clause 2 of this
Article shall be decided by the agency having the competence to grant the
certificate of land use rights and ownership of houses and other land-attached
assets as prescribed in Article 105 of this Law based on the conclusion of the
inspection agency at the same administrative level, or based on the effective
document issued by a competent state agency on land dispute settlement.
Chapter 8.
LAND FINANCE, LAND PRICE
AND AUCTIONS OF LAND USE RIGHTS
Section 1. LAND FINANCE
Article 107. Financial
revenues from land
1. Financial revenues
from land include:
a) Land use levy upon
land allocation by the State with land use levy, permission for change of land
use purpose, or recognition of land use rights with land use levy;
b) Land rental upon land
lease by the State;
c) Land use tax;
d) Income tax on
transfer of land use rights;
e) Revenue from sanction
of administrative violations of the land law;
f) Indemnification to
the State for damage caused during land management and use;
g) Charges and fees in
land management and use.
2. The Government shall
prescribe in detail the collection of land use levy and land rental,
sanctioning of administrative violations of the land law, and indemnification
to the State for damage caused during land management and use.
Article 108. Bases and
time for calculation of land use levy and land rental
1. Bases for calculation
of land use levy include:
a) The land area which
is allocated, permitted for change of land use purpose, or of which land use
rights are recognized;
b) The land use purpose;
c) The land price as
prescribed in Article 114 of this Law; in case of auction of land use rights,
the land price is the winning price.
2. Bases for calculation
of land rental include:
a) The area of leased
land;
b) The land lease term;
c) The unit price for
land lease; in case of auction of land lease rights, the land rental is the
winning unit price;
d) Types of land lease,
including annual rental payment or full one-off rental payment for the entire
lease period.
3. The time for
calculation of land use levy or land rental is the time when the State decides
on the land allocation or land lease, permits change of land use purpose, or
recognizes land use rights.
Article 109. Payment of
land use levy or land rental upon change of land use purpose or extension of
land use term
1. Upon change of land
use purpose as prescribed at Points d, e, f and g, Clause 1, Article 57 of this
Law, land users shall pay land use levy or land rental in accordance with the
following provisions:
a) Payment of land use
levy or the full one-off rental payment for the entire lease period which is
the difference between the land use levy or land rental after and before the
change of the land use purpose;
b) Payment of annual
rental payment based on the type of land after the change of the land use
purpose.
2. When the land use
term is extended and the land user is obliged to pay land use levy or land
rental, the land user shall fulfill their financial obligations for the
extended land use term.
3. The Government shall
detail this Article.
Article 110. Exemption from
and reduction of land use levy or land rental
1. The exemption from
and reduction of land use levy or land rental apply in the following cases:
a) Using land for
production and business purposes in sectors or geographical areas that are
given investment preferences in accordance with the investment law, except for
investment projects on construction of commercial houses;
b) Using land for
implementation of policies on houses and residential land for the people with
meritorious services to the revolution, for poor households, for households and
individuals of ethnic minorities living in areas with especially difficult
socio-economic conditions, in bordering areas or on islands; using land for
social housing construction in accordance with the housing law; residential
land for people who have to be relocated when the State recovers land due to
the risks threatening humans life;
c) Using agricultural
land by households and individuals of ethnic minorities;
d) Using land for
construction of non-business facilities of public non-business organization;
dd) Using land for
construction of infrastructure of airports, airfields and facilities to provide
air services;
e) Using land for
construction of offices, drying grounds and warehouses; service facilities
directly serving agriculture, forestry, aquaculture or salt production for
agricultural cooperatives;
g) Other cases as
prescribed by the Government.
2. The Government shall
detail this Article.
Article 111.
Land development fund
1.
The land development fond of a locality shall be established by the provincial-level
People’s Committee or entrusted to the Fund for development investment or other
financial funds of the locality to advance capital for compensation, ground
clearance or creation of land fund in accordance with master plans, plans on
land use approved by competent state agencies.
2.
The financial sources for the land development fund shall be allocated from the
State budget and other mobilized sources in accordance with law.
3.
The Government shall detail this Article.
Section 2. LAND PRICE
Article 112. Principles
and methods of land valuation
1. Land valuation must
abide by the following principles:
a) Based on the lawful
land use purpose at the time of land valuation;
b) Based on the land use
term;
c) Being suitable with
the popular market price of transferred land with the same land use purpose, or
winning price in auctions of land use rights in case of organizing auctions of
land use rights, or the income earned from land use;
d) At a time, the
adjacent land parcels with the same land use purpose, profitability and income
earned from land use have the same price.
2. The Government shall
prescribe land valuation methods.
Article 113. Land price
frames
The Government shall
promulgate land price frames once every 5 years for each type of land and for
each region. During the implementation of land price frames, if the popular
price in the market increases 20% or more over the maximum price or reduces 20%
or more below the minimum price prescribed in land price frames, the Government
shall adjust land price frames accordingly.
Article
114. Land price tables and specific land prices
1. Based on the
principles, methods of land valuation and land price frames, provincial-level
People’s Committees shall develop and submit the land price tables to the
People’s Councils of the same level for review before promulgation. Land price
tables shall be developed once every 5 years and publicized on January 1 of the
beginning year of the period.
During the
implementation of land price tables, when the Government adjusts land price
frames or there are changes in popular land price in the market,
provincial-level People’s Committees shall adjust land price tables
accordingly.
At least 60 days before
submitting the land price tables to the People’s Council of the same level for
review, the provincial-level People’s Committee shall send the draft land price
tables to agencies in charge of developing land price frames for consideration.
In case of big difference in land prices at bordering locations among provinces
and centrally run cities, this difference must be reported to the Prime
Minister for decision.
2. Land price tables
shall be used as a basis for the following cases:
a) Calculation of land
use levy when the State recognizes land use rights of households and individuals
for land areas within land use quotas, or permits change of land use purpose
from agricultural land or non-agricultural land which is non-residential land
to residential land for land areas within land allocation quotas applied to
households and individuals;
b) Calculation of land
use tax;
c) Calculation of
charges and fees in land management and use;
d) Calculation of fines
for administrative violations in the field of land;
e) Calculation of
indemnification paid to the State for damage caused in land management and use;
f) Valuation of land use
rights paid to the people who voluntarily return land to the State in case the
returned land is allocated with land use levy, recognized of land use rights
with land use levy, or leased land with full one-off rental payment for the
entire lease period by the State.
3. Provincial-level
People’s Committees shall decide on specific land prices. The provincial- level
land administration agency shall assist the provincial-level People’s Committee
in the determination of specific land prices. During the implementation, the
provincial-level land administration agency may hire organizations having
consultancy functions for advising on the determination of specific land
prices.
The determination of
specific land prices must be based on the investigation, collection of
information about land parcels, market land price and information on land price
in the land database, and based on suitable valuation methods. Based on the
consultation on land price, the provincial-level land administration agency
shall submit the specific land price to the council for land price appraisal
for consideration before submitting it to the People’s Council of the same
level for decision.
The council for land
price appraisal comprises the chairperson of the provincial-level People’s
Committee as the chairperson, and representatives of related agencies and
organizations and the organization with the function of consultancy on land
price determination.
4. Specific land price
shall be used as a basis for the following cases:
a) Calculation of land
use levy when the State recognizes land use rights of households and
individuals for land areas in excess of land use quotas, or permits change of
land use purpose from agricultural land or non-agricultural land which is
non-residential land to residential land for land areas in excess of land
allocation quotas applied to households and individuals; and determination of
land rental for agricultural land areas in excess of land allocation quotas or
quotas for receipt of transferred agricultural land use rights of households
and individuals;
b) Calculation of land
use levy when the State allocates land with land use levy not through auction
of land use rights, recognizes land use rights, or permits change of land use
purpose for organizations that shall pay land use levy;
c) Calculation of land
rental when the State leases land not through auction of land use rights;
d) Valuation of land use
rights upon equitization of state enterprises that are allocated land with land
use levy, leased land with one-off rental payment; and calculation of land
rental in case equitized state enterprises are leased land by the State with
annual rental payment;
e) Calculation of
compensation amount upon land recovery by the State.
5. The Government shall
detail this Article.
Article 115. Consultancy
on land price determination
1. Consultancy on land
price determination may be necessary in the following cases:
a) Development or
adjustment of land price frames; development or adjustment of land price tables
and determination of specific land prices at the request of competent state
agencies;
b) Settlement of
complaints about land price at the request of competent state agencies or
related parties;
c) Performance of civil
transactions involving specific land prices at the request by parties.
2. Conditions for
activities and practice of land price determination consultancy comply with the
Government’s regulations.
3. The land price
determination by consultants must be independent, impartial and honest and must
comply with land valuation principles and methods prescribed in Article 112 of
this Law.
4. Land prices
determined by consultants serve as one of the bases for competent state
agencies to prescribe or decide on land prices.
Article 116. Rights and
obligations of organizations with the function of consultancy on land price
determination
1. An organization with
the function of consultancy on land price determination has the following
rights:
a) To provide
consultancy on land price determination in accordance with this Law, the Law on
Price and other relevant laws;
b) To request
information and documents relating to the consultancy on land price
determination from consultancy hirers; and to receive service charges as agreed
in the contracts;
c) To unilaterally
terminate or cancel the contract on consultancy on land price determination
when the consultancy hirer violates conditions agreed by both parties in the
contract or as prescribed by law;
d) Other rights as
prescribed by law.
2. An organization with
the function of consultancy on land price determination has the following
obligations:
a) To take
responsibility before law for the accuracy, honesty and impartiality of the
results of consultancy on land valuation determination;
b) To implement the
agreements with consultancy hirers stated in the contract on consultancy on
land price determination;
c) To submit to the
inspection and examination by competent state agencies; and to report on the
organization and results of consultancy on land price determination to
competent state agencies annually or in unexpected cases;
d) To fulfill the tax
obligations and other financial obligations in accordance with law;
e) To register the list
of member valuators and the change or adjustment of this list to competent
state agencies of the locality where the organization is headquartered;
f) To archive documents
and records on results of consultancy on land price determination;
g) Other obligations as
prescribed by law.
Section 3. AUCTIONS OF
LAND USE RIGHTS
Article 117. Principles
of auctions of land use rights
1. Auctions of land use
rights shall be conducted on the principles of publicity, continuity,
impartiality, honesty, equality and protection of lawful rights and interests
of involved parties.
2. Auctions of land use
rights shall be conducted in accordance with the order and procedures
prescribed in the land law and law on asset auctions.
Article 118. Cases
subject to auction of land use rights and cases not subject to auction of land
use rights
1. The State shall
allocate land with land use levy or lease land through auction of land use
rights in the following cases, except the cases prescribed in Clause 2 of this
Article:
a) Investment in
construction of houses for sale or for lease or for lease-purchase;
b) Investment in
construction of infrastructure for transfer or for lease;
c) Use of land fund to
create capital for infrastructure construction;
d) Use of land for
trading or services, and land for non-agricultural production establishments;
e) Lease of land which
is part of agricultural land fund for public purposes for agriculture,
forestry, aquaculture or salt production;
f) Allocation or lease
of land recovered by the State through rearrangement and handling of working
offices, non-business establishments, or production or business establishments
of which the land-attached assets are owned by the State;
g) Allocation of urban
and rural residential land to households or individuals;
h) Allocation or lease
of land in the cases eligible to land use levy or land rental reduction.
2. Cases not subject to
auction of land use rights upon land allocation and land lease by the State:
a) Land allocation
without land use levy;
b) Use of land for which
land use levy or land rental is exempted as prescribed in Article 110 of this
Law;
c) Use of land as
prescribed at Points b and g, Clause 1, and in Clause 2, Article 56 of this
Law;
d) Use of land for
mining activities;
e) Use of land for
implementation of projects on construction of resettlement housing, social housing
or public-duty housing;
f) Land allocation to
cadres, civil servants and public employees who change offices under transfer
decisions of competent agencies;
g) Allocation of
residential land to households or individuals that have permanent residence status
books in a commune but have no residential land and have not been allocated
residential land by the State;
h) Allocation of residential and to
households of individuate that have permanent residence status books in a
township in an area with difficult socio-economic conditions or with especially
difficult socio-economic conditions but have no residential land and have not
been allocated residential land by the State;
i) Other cases as
decided by the Prime Minister.
3. In case the land has
been put up for auction of land use rights as prescribed in Clause 1 of this
Article but nobody participates in the auction or only one person registers or
the auction fails after at least 2 times, the State may allocate or lease land
without organizing auctions of land use rights.
Article 119. Holding of
auctions of land use rights
1. Conditions for
holding an auction of land use rights upon land allocation or land lease by the
State:
a) The annual
district-level land use plan approved by a competent state agency is available;
b) The land has been
cleared or is land with attached assets owned by the State;
c) The plan for holding
the auction of land use rights approved by a competent state agency is
available.
2. Organizations and
individuals participating in an auction of land use rights must satisfy the
following conditions:
a) Being eligible to be
allocated or leased land as prescribed in Article 55 or 56 of this Law;
b) Meeting the
conditions for the implementation of investment projects under Article 58 of
this Law in case of land allocation or land lease for implementation of
investment projects.
Chapter 9.
LAND INFORMATION SYSTEM
AND LAND DATABASE
Article 120. Land
information system
1. The land information
system shall be designed comprehensively and developed as a uniform system
nationwide to serve multiple purposes in accordance with national standards and
regulations as well as international ones recognized in Vietnam.
2. The land information
system includes the following basic parts:
a) Technical
infrastructure for land information technology;
b) The system of
operation software, system software and application software; c) The national
land database.
Article 121. The
national land database
1. The national land
database shall be uniformly developed nationwide.
2. The national land
database has the following components: a) Database on legal documents on land;
b) Cadastral database;
c) Database of base
investigations on land;
d) Database of master
plans and plans on land use;
e)
Database of land prices;
f) Database of land
statistics and land inventories;
g) Database on
inspection, examination, settlement of disputes, complaints and denunciations
on land;
h) Other databases
involving land.
3. The contents,
structure and information types of the land database shall be prescribed by the
Minister of Natural Resources and Environment.
Article 122. Management
and use of land databases
1. Information in land
databases provided by competent state agencies bears the same legal validity as
information in paper documents.
2. Land databases are a
national property which needs to be strictly protected in terms of security and
safety. All activities of illegal access, destruction or causing deviations in
information of land databases are prohibited.
3. Organizations and
individuals that have demands for land information and land data may use or
exploit them through central and local land information portals with payment of
fee. The use and exploitation of land information and data must be in
accordance with law.
Article 123. Online public services in the field of land
1. Online public
services to be provided include registration of land and land-attached assets,
performance of transactions on land and land-attached assets, and provision of
land information and data.
2. Land management
agencies shall provide public services as prescribed in Clause 1 of this
Article and provide services in a convenient, simple and safe manner to
organizations and individuals in the internet environment.
Article 124. Responsibilities
for developing the land information system
1. The State shall adopt
investment policies for the development of the land information system and land
databases and ensure funds for the operation and maintenance of the land
information system and land databases.
2. The Ministry of
Natural Resources and Environment shall organize the development, management
and use of the land information system and the national land database; and
provide online public services in the field of land in accordance with the
Government’s regulations.
3. Ministries, sectors
and related agencies shall provide results of base investigations on land and
other land-related information and data to the Ministry of Natural Resources
and Environment to update the national land database and the land information
system.
4. Provincial-level
People’s Committees shall organize the development, management and exploitation
of the land information system and the land databases in their localities and
provide land data to the Ministry of Natural Resources and Environment to
integrate into the national land database.
5. The Minister of
Natural Resources and Environment shall issue detailed regulations on the
development, management and exploitation of the land information system and on
conditions for organizations and individuals practicing consultancy on land
database and land information system development.
Chapter 10.
LAND USE REGIME
Section 1. LAND USE TERM
Article 125. Land used
for long and stable term
Land users may use land
for a long and stable term in the following cases:
1. Residential land used
by households or individuals.
2. Agricultural land
used by communities as prescribed in Clause 3, Article 131 of this Law.
3. Land for protective
forest, for special-use forest and for production forest which are natural
forests.
4. Land for trading or
services, for non-agricultural production establishments of households and
individuals that are using the land stably and that land is not allocated for
limited term or leased by the State.
5. Land for construction
of offices as prescribed at Point 1, Article 147 of this Law and land for
construction of public service facilities of public non-business organization
which are not self-financed as prescribed at Point 2, Article 147 of this Law.
6. Land used for
national defense or security purpose.
7. Land used by
religious establishments as prescribed in Article 159 of this Law.
8. Land for religious
practices.
9. Land for
transportation and irrigation, land with historical-cultural relics and scenic
spots and land used for the construction of other public facilities for
non-commercial purposes.
10. Land for cemeteries
or graveyards.
11. Land used by
economic organizations as prescribed in Clause 3, Article 127 and Clause 2,
Article 128 of this Law.
Article
126. Land used for limited term
1.
The term for land allocation, recognition of agricultural land use rights for
households and individuals directly engaged in agricultural production as
prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4 and 5,
Article 129 of this Law is 50 years. When the term expires, households or
individuals directly engaged in agricultural production that have demand may
continue using land in accordance with the land use term prescribed in this
Clause.
2.
The term for lease of agricultural land to households or individuals must not
exceed 50 years. At the expiry of the term, households or individuals that have
demand shall be considered by the State for continued leasing of the land.
3.
The term for land allocation or land lease to organizations for the purpose of
agriculture, forestry, aquaculture or salt production; to organizations,
households or individuals for the purpose of trading and services or for
non-agricultural production establishments; to organizations for implementing
investment projects; to overseas Vietnamese and foreign-invested enterprises
for implementing investment projects in Vietnam, shall be considered and
decided on the basis of the investment projects or applications for land
allocation or land lease, but must not exceed 50 years.
For
large investment projects with slow recovery of capital, projects in areas with
difficult socio-economic conditions or with especially difficult socio-economic
conditions which require a longer term, the term of land allocation or land lease
must not exceed 70 years.
For
projects on construction of houses for sale or for a combination of sale and
rent or for lease- purchase, the land use term shall be determined in
accordance with the duration of the project. Those who buy houses associated
with land use rights may use land for a long and stable term.
At
the expiry of the term, if the land users still have land use needs, the State
shall consider an extension which must not exceed the term prescribed in this
Clause.
4.
The land lease term for the purpose of office construction of foreign
organizations with diplomatic functions must not exceed 99 years. At the expiry
of the term, if these organizations are still in need of the land, the State
shall consider extending the land lease term or leasing another land parcel.
Each extension period must not exceed the term prescribed in this Clause.
5.
The lease term for land which is part of agricultural land fund for public
purposes of communes, wards or townships must not exceed 5 years;
6.
Regarding land for construction of non-business facilities of self-financed
public non-business organization as prescribed in Clause 2, Article 147 of this
Law, and other public facilities involving commercial purpose, the land use
term must not exceed 70 years.
At
the expiry of the term, if the land users still have land use needs, the State
shall consider an extension but the extension must not exceed the term
prescribed in this Clause.
7.
For a land parcel with multiple use purposes, the land use term shall be
determined in accordance with the land use term of the land type used for the
main purpose.
8.
The term for land allocation and land lease prescribed in this Article shall be
calculated from the date of the decision on land allocation or land lease issue
by a competent state agency.
Article
127. Land use term upon change of land use purpose
1.
The land use term for households and individuals upon change of land use
purpose is prescribed as follows:
a)
In case the land use purpose is changed from land for protective forest or
special-use forest to land for other purposes, the term shall be determined on
the basis of the land type of the new purpose. The land use term shall be
calculated from the time of the decision on approval;
b)
In case the land use purpose is changed from land for rice cultivation, other
annual crops, perennial crops, production forest, aquaculture or salt
production to land for protective forest or special-use forest, households or
individuals may use the land for a stable and long term;
c)
In case the land use purpose is changed among land categories including land
for other annual crops, perennial crops, production forests, aquaculture or
salt production, households and individuals may continue using such land for
the determined land use term.
At
the expiry of the term, if the land users still have land use needs, the State
shall consider an extension which must not exceed the term prescribed in Clause
1, Article 126 of this Law;
d)
In case the land use purpose is changed from agricultural purpose to
non-agricultural purpose, the land use term shall be determined on the basis of
the land type of the new purpose. The new land use term shall be calculated
from the time of the decision on approval;
e)
In case the land use purpose is changed from non-agricultural land with long
and stable land use term to non-agricultural land with limited land use term or
from non-agricultural land with limited land use term to non-agricultural land
with long and stable land use term, households and individuals may use the land
for a long and stable term.
2.
For organizations, overseas Vietnamese or foreign-invested enterprises
implementing investment projects outside industrial parks, industrial clusters,
export processing zones or hi- tech zones, when the land use purpose is
changed, the land use term shall be determined on the basis of the investment
project as prescribed in Clause 3, Article 126 of this Law.
3.
Economic organizations that change the land use purpose from non-agricultural
land with long and stable land use term to non-agricultural land with limited
land use term or from non- agricultural land with limited land use term to
non-agricultural land with long and stable land use term, may use the land for
a long and stable term.
Article 128. Land use
term in case of transfer of land use rights
11. The land use term in
case of transfer of land use rights for the land with definite land use term is
the remaining period of the land use term defined prior to the transfer of land
use rights.
12. People who acquire
land use rights for the land with a long and stable land use term may use the
land for a long and stable term.
Section 2. AGRICULTURAL
LAND
Article 129. Allocation
quotas for agricultural land
1. The allocation quotas
for land for annual crops, aquaculture and salt production for each household
or individual directly engaged in agricultural production are prescribed as
follows:
a) Not exceeding 3
hectares for each type of land in provinces and centrally run cities in the
southeast region and Mekong Delta region;
b) Not exceeding 2
hectares for each type of land in other provinces and centrally run cities.
2. The allocation quotas
for land for perennial crops for each household or individual in a delta
commune, ward or township must not exceed 10 hectares and must not exceed 30
hectares for each household or individual in a midland or mountainous commune,
ward or township.
3. The land allocation
quota for each household or individual does not exceed 30 hectares for each of
the following land categories:
a) Land for protective
forest;
b) Land for production
forest.
4. In case a household
or individual is allocated with land of different categories including land for
cultivation of annual crops, aquaculture land and salt-production land, the
total quota for all categories must not exceed 5 hectares.
If the household or
individual is additionally allocated with land for perennial crops, the land
allocation quota for perennial crops must not exceed 5 hectares in a delta
commune, ward or township and must not exceed 25 hectares in a midland and
mountainous commune, ward or township.
If the household or
individual is additionally allocated with land for production forest, the land
allocation quota for production forest must not exceed 25 hectares.
5. The allocation quota
for empty land, land for bare hill or land with water surface under the type of
unused land to households or individuals for the purpose of agriculture,
aquaculture or salt production in accordance with master plan on land use must
not exceed the quotas prescribed in Clauses 1, 2, and 3 of this Article, and such quotas shall not be
included in the allocation quotas of agricultural land to households or
individuals as prescribed in Clauses 1, 2, and 3 of this Article.
Provincial-level
People’s Committees shall prescribe the allocation quotas of empty land, land
for bare hill and land with surface water in the type of unused land to
households or individuals for use in accordance with master plans, plans on
land use which have been approved by competent state agencies.
6. The allocation quotas
of agricultural land for annual crops, perennial crops, afforestation,
aquaculture or salt production in the buffer zone of a special-use forest for each
household or individual must comply with Clauses 1, 2, 3, 4 and 5 of this
Article.
7. Households and
individuals may continue using the land area which is located in a commune,
ward or township other than where they have permanent residence status books.
If that land is allocated without land use levy, its area shall be included in
the allocation quota for agricultural land of the households or individuals
The land administration
agency that allocates agricultural land without land use levy to households or
individuals shall send a notice to the commune-level People’s Committee of the
locality where the households or individuals have permanent residence status
books for its calculation of allocation quotas of agricultural land.
8. The area of
agricultural land of households or individuals, which is acquired through the
transfer, lease, sublease, inheritance or donation of land use rights, the
receipt of land use rights contributed as capital or is contracted from other
subjects or leased from the State, is not included in the allocation quota of
agricultural land as prescribed in this Article.
Article 130. Quota for
acquisition of agricultural land use rights by households and individuals
1. The quota for
acquisition of land use rights by households or individuals must not exceed 10
times of the allocation quota for agricultural land for households or
individuals applicable to each type of land prescribed in Clauses 1, 2 and 3,
Article 129 of this Law.
2. The Government shall
prescribe quotas for acquisition of land use rights of households and
individuals in accordance with specific conditions of each locality and in each
period.
Article 131. Agricultural land used
by households, individuals or communities
1. Agricultural land
used by households or individuals includes agricultural land allocated or
leased by the State and agricultural land of which land use rights are
recognized by the State or leased from other organizations, households or
individuals or obtained through exchange, transfer, inheritance or donation in
accordance with law.
2. The use of agricultural
land allocated by the State to households or individuals is prescribed as
follows:
a) Households and
individuals that are allocated land by the State prior to the effective date of
this Law may continue using such land in accordance with this Law;
b) In a locality where
land has not been allocated to households or individuals in accordance with the
land law, the commune-level People’s Committee shall make a plan for land
allocation and request the district-level People’s Committee to decide on land
allocation;
c) In a locality where
the People’s Committees of different levels have provided guidelines for
households and individuals to negotiate and adjust land areas for one another
during the implementation of land policies and law before October 15, 1993, and
such land area has been used stably, the current land users may continue using
their land.
3. The use of
agricultural land by communities is prescribed as follows:
a) Communities are
allocated land or recognized land use rights by the State to preserve national
identities associated with the traditions and customs of the people;
b) Communities which are
allocated land or recognized land use rights by the State shall protect the
allocated land and may use land for combined purposes of agriculture and aquaculture,
but may not use such land for other purposes.
Article 132.
Agricultural land used for public purposes
1. Depending on the land
fund, characteristics and demands of the locality, each commune, ward or
township may establish an agricultural land fund for public purposes of the
locality which does not exceed 5% of the total land area for annual crops,
perennial crops and aquaculture production.
Agricultural land which
is returned or to which land use rights are donated to the State by
organizations, households or individuals, reclaimed land and recovered
agricultural land constitute the source for creation or supplementation of the
agricultural land fund used for public purposes of the commune, ward or
township.
In a locality where the
area of agricultural land fund used for public purposes exceeds 5%, the excess
area must be used for construction or compensation when other land is used for
construction of public facilities of the locality; or be allocated to
households and individuals that are directly .engaged in agriculture or
aquaculture in the locality but have not been allocated or still lack
production land.
2. The agricultural land
fund for public purposes of a commune, ward or township shall be used for the
following purposes:
a) Construction of
public facilities of the locality, including facilities for culture, physical
training and sports, entertainment, recreation, health, education, markets,
cemeteries, graveyards and other public facilities in accordance with
regulations of the provincial-level People’s Committee;
b) Compensation for
people whose land is used for construction of public facilities as prescribed
at Point a of this Clause;
c) Construction of
gratitude houses and charity houses.
3. The commune-level
People’s Committee shall lease the land area which has not been used for the
purposes specified in Clause 2 of this Article to households and individuals in
the locality for the purposes of agriculture and aquaculture, through auctions
of land lease. The land use term for each lease period must not exceed 5 years.
Rentals gained from the
lease of land that is part of the agricultural land fund for public purposes
must be paid to the state budget under management of the commune-level People’s
Committee and may only be used for public needs of the commune, ward or
township in accordance with law.
4. The agricultural land
fond for public purposes of a commune, ward or township must be managed and
used by the commune-level People’s Committee of the locality in accordance with
the master plans, plans on land use approved by competent state agencies.
Article 133.
Agricultural land used by organizations, overseas Vietnamese and foreign-
invested enterprises
1. Economic
organizations, overseas Vietnamese or foreign-invested enterprises that have
demand for land for agriculture, forestry, aquaculture or salt production,
shall be considered by the State to lease land for implementation of investment
projects.
2. Economic
organizations and public non-business organization that have been allocated or
leased land prior to the effective date of this Law for the purpose of
agriculture or forestry production, shall review the current land use status
and make a plan for land use. A plan for land use must clearly define the land
area and boundaries, the area of land of each type to be used and its use term,
and the land area to be handed over to the locality.
Provincial-level
People’s Committees shall direct the review and approval of plans for land use;
allocate or lease land in accordance with the approved plans for land use; and
recover the land that is unused, or used for a improper purpose, or contracted,
leased, lent illegally, or encroached or occupied in order to create the land
fund for allocation and lease to organizations, households and individuals.
During the process of land allocation or land lease, ethnic minority households
and individuals in the locality that have no land or lacking production land,
shall be prioritized.
3. Land that is
allocated by the State without land use levy to economic organizations for
agriculture, forestry, aquaculture or salt production before the effective date
of this Law, must be changed to leased land.
Article 134. Land for
rice cultivation
1. The State shall
develop policies to protect land for rice cultivation and to limit the change
from the purpose of rice cultivation to other non-agricultural purposes. In
case it is necessary to change a certain area for rice cultivation to another
purpose, the State shall take measures to supplement such land area or improve
the efficiency in using land for rice cultivation.
The State shall adopt
policies to support and invest in the construction of infrastructure and
application of modern science and technologies into the areas planned for
high-productivity and high-quality rice cultivation.
2. Those who use land
for rice cultivation shall improve and increase the fertility of the soil. They
may not use that land for planting perennial trees, afforestation, aquaculture
and salt production or for non-agricultural purposes without permission by
competent state agencies.
3. People who are
allocated or leased land by the State for non-agricultural purposes and that
land is currently used for wet rice cultivation, shall pay a certain amount of
money under the Government’s regulations for the State to supplement the lost
area of wet rice cultivation land or improve efficiency in using land for rice
cultivation.
Article 135. Land with
production forest
1. The State shall
allocate land with production forest which is natural forest to the forest
management organizations for management, protection and development.
2. The State shall
allocate or lease land with production forest which is planted forest according
to the following provisions:
a) Allocation of land to
households and individuals directly engaged in agricultural production within
the quotas prescribed at Point b, Clause 3, Article 129 of this Law for the
purpose of forestry production. The area of production forest used by
households and individuals which exceeds the quotas must change to leased land;
b) Lease of land to
economic organizations, households, individuals, overseas Vietnamese or
foreign-invested enterprises to implement afforestation projects;
c). Economic
organizations, households, individuals, overseas Vietnamese or foreign-invested
enterprises which are allocated or leased land with production forest by the
State as prescribed at Points a and b of this Clause may use the land not
covered with forest for planting forest or perennial trees.
3. Economic organizations,
overseas Vietnamese or foreign-invested enterprises using land with production
forest may concurrently provide
landscape and eco-environmental tourist services using the space under the
forest canopy.
4. Concentrated land
area with production forest which is far from residential areas and can not be
allocated directly to households or individuals, shall be allocated by the
State to organizations for protection and development of the forest combined
with agricultural production, forestry or aquaculture.
Article 136. Land with
protective forest
1. The State shall
allocate land with protective forest to the protective forest management
organization for management, protection, zoning off for regeneration and
afforestation in accordance with master plans, plans on land use already
approved, by competent state agencies. These organizations may use land for
other combined purposes in accordance with the law on forest protection and
development.
2. The protective forest
management organization shall allocate land with protective forest under
contracts to households or individuals that are living in the protective forest
area for protection and development of the forest. District-level People’s
Committees shall allocate residential land and land for agricultural production
to such households or individuals.
3. Organizations,
households or individuals that have demand and ability to protect and develop
the forest and are living in the protective forest area for which no management
organization has been established or in the area that is planned for protective
forest, shall be allocated the land with protective forest for protection and
development, and may use the land for other combined purposes in accordance
with the law on forest protection and development.
4. Provincial-level
People Committees shall decide on the lease of land with protective forest to
economic organizations in the areas where it is allowed to provide landscape
and eco- environmental tourist services under the forest canopy.
5. Communities that are allocated
by the State protective forests in accordance with the Law on Forest Protection
and Development, are entitled to be allocated land with protective forest for
protection and development. The communities have the rights and obligations
prescribed in the Law on Forest Protection and Development.
Article 137. Land with
special-use forest
1. The State shall
allocate land with special-use forest to the special-use forest management
organization for management and protection in accordance with master plans,
plans on land use already approved by competent state agencies. These
organizations may use the land for other combined purposes in accordance with
the law on forest protection and development.
2. The special-use
forest management authority shall allocate under short-term contracts land with
special-use forest in strictly protected forest areas to households or
individuals that can not move out of the area to protect the forests.
3. The special-use
forest management organization shall allocate under contracts land with
special-use forest in eco-rehabilitation areas to households or individuals
residing stably in the area to protect and develop the forests.
4. Competent People’s
Committees shall decide to allocate and lease land in the buffer zones of special-use
forests to organizations, households and individuals for the purpose of
production, research or experiment on forestry or in combination with national
defense or security tasks in accordance with the master plan for forest
development of the buffer zone. These subjects may use the land for other
combined purposes in accordance with the law on forest protection and
development.
5. Provincial-level
People Committees shall decide to lease land with special-use forest in the
area that is allowed to provide landscape and eco-environmental tourist
services under the forest canopy to economic organizations.
Article 138.
Salt-production land
1. Salt-production land
shall be allocated to households or individuals within the local land
allocation quota for salt production. The land area which exceeds the
allocation quota must be changed to leased land.
Salt-production land
shall be leased by the State to economic organizations, overseas Vietnamese or
foreign-invested enterprises to implement investment projects on salt
production.
2. Land areas where salt
can be produced at high productivity and with high quality shall be protected
and primarily reserved for salt production.
3. The State shall
encourage the use of land areas with potential for salt production for
industrial and daily needs.
Article 139. Inland land
with water surface
1. Ponds, lakes and
marshes shall be allocated by the State within land allocation quotas to
households or individuals for aquaculture and agricultural production.
Ponds, lakes and marshes
shall be leased by the State to economic organizations, households,
individuals, overseas Vietnamese or foreign-invested enterprises to implement
investment projects on aquaculture production, agricultural production or
agricultural production in combination with non-agricultural purposes.
2. In case a pond, lake
or marsh is located in several communes, wards and townships, its use shall be
decided by the district-level People’s Committee. In case a pond, lake or marsh
is located in several districts, towns and provincial cities, its use shall be
decided by the provincial-level People’s Committee. In case a pond, lake or
marsh is located in several provinces and centrally run cities, its use shall
be determined by the Government.
Article 140. Coastal
land with water surface
1. Coastal land with
water surface shall be leased by the State to economic organizations,
households, individual, overseas Vietnamese or foreign-invested enterprises for
aquaculture, agricultural, forestry, salt production or non-agricultural
purposes.
2. The use of coastal
land with water surface is prescribed as follows:
a) Conforming with
master plans, plans on land use which have been approved by competent state
agencies;
b) Protection of land
and increase of the sedimentation process in coastal land;
c) Protection of the
ecosystem, environment and landscape;
d) Not hampering the
protection of national security and maritime navigation.
Article 141. Riparian
and coastal alluvial land
1. Riparian and coastal
alluvial land includes riparian alluvial land, river islets, coastal alluvial
land and sea islands.
2. Riparian and coastal
alluvial land shall be managed by the People’s Committee of the commune, ward
or township where such land is located.
Riparian and coastal
alluvial land frequently expanded or eroded shall be managed and protected by
district-level People’s Committees.
3. Riparian and coastal
alluvium land shall be leased by the State to economic organizations,
households, individuals, overseas Vietnamese or foreign-invested enterprises to
implement investment projects on agricultural or non-agricultural production
and business.
4. Households or
individuals that are allocated riparian and coastal alluvial land by the State
for agricultural purpose prior to the effective date of this Law may continue
using such land for the remaining land use term. At the expiry of this term, if
they still have demand to use the land in accordance with master plans, plans
on land use approved by competent agencies and do not violate the land law, the
State shall consider leasing the land to them.
5. The State shall
encourage economic organizations, households and individuals to invest in the
use of riparian and coastal alluvial land.
6. The Government shall
detail this Article.
Article 142. Land used
for farm economy
1. The State shall
encourage farm economy of households or individuals in order to use land
efficiently for the development of production, expansion of the scale and
enhancement of the efficiency of land use in agriculture, forestry, aquaculture
or salt production, in association with services, processing and sale of
agricultural products.
2. Land used for farm
economy includes the land allocated by the State without land use levy within
land allocation quotas applicable to households and individuals that are
directly engaged in agriculture, forestry, aquaculture or salt production as
prescribed in Article 129 of this Law, the land leased from the State, the land
obtained via lease, transfer, inheritance and donation, the land contracted
from organizations, and the land contributed by households or individuals.
3. Households or
individuals that are using land for farm economy may change the land use
purposes in accordance with law.
4. Households or
individuals using land for farm economy in accordance with approved Master
plans, plans on land use without any disputes, may continue using the land in
accordance with the following provisions:
a) If the land is
allocated without land use levy and within the allocation quotas applicable to
households or individuals directly engaged in agriculture, forestry,
aquaculture or salt production as prescribed in Clause 1, Article 54 of this
Law, households or individuals may continue using the land under Clause 1,
Article 126 of this Law;
b) If the land is
allocated without land use levy to households or individuals not directly
engaged in agriculture, forestry, aquaculture or salt production, at the expiry
of the land use term, households or individuals shall change to lease land;
c) If the land is leased
from the State or transferred, inherited, donated or contracted from
organizations or contributed by households or individuals, households or
individuals may continue using the land in accordance with this Law.
5. It is forbidden to
take advantage of farm economy to occupy and accumulate land for non-production
purposes.
Section 3.
NON-AGRICULTURAL LAND
Article 143. Rural
residential land
1. Residential land used
by households or individuals in rural areas includes land for construction of
houses and facilities for livelihood, gardens and ponds within one land parcel
in a rural residential area which is established in accordance with the master
plan on land use and the master plan for development of rural residential areas
already approved by competent state agencies.
2. Based on the local
land fund and the rural development master plans approved by competent state
agencies, provincial-level People’s Committees shall determine the land
allocation quota to each household or individual for housing construction in
rural areas and the minimum area for the division of a residential land parcel
in accordance with local conditions and customs.
3. The allocation of
residential land in rural areas indicated in the master plans, plans on land
use must be in synchrony with the master plan for public facilities and public
non-business facilities, ensuring convenience for production, people’s life,
environmental sanitation and rural modernization.
4. The State shall adopt
policies to create conditions for rural residents to have accommodation by
making full use of the land in existing residential areas and to restrict the
expansion of residential areas on agricultural land.
Article 144. Urban
residential land
1. Urban residential
land includes land for construction of houses and facilities for livelihood,
gardens and ponds within one land parcel in an urban residential area which is
established in accordance with the master plan on land use and urban
construction master plan already approved by competent state agencies.
2. Urban residential
land shall be allocated in synchrony with land for construction of public
facilities and non-business facilities, ensuring environmental sanitation and
modern urban landscape.
3. The State shall
develop Master plan on land use for the purpose of urban housing construction
and adopt policies to create conditions for urban residents to have
accommodation.
4. Provincial-level
People’s Committees shall, based on the master plan on land use, urban
construction master plans and the local land fund, determine the allocation
quota of residential land to each household or individual for their own housing
construction in case they are not eligible to be allocated land in an
investment project on housing construction; and prescribe the minimum area for
the division of a residential land parcel.
5. The change of land
use purpose from residential land to land for construction of production and
business establishments must conform to master plans, plans on land use and the
urban construction master plan already approved by competent state agencies and
with regulations on public order, safety and urban environmental protection.
Article 145. Land for
construction of condominiums
1. Land for construction
of condominiums includes land for the construction of condominiums, facilities directly serving the life of
families living in the condominiums and facilities for public use in accordance
with the construction master plan approved by competent state agencies.
2. The land master plan
for construction of condominiums must be in harmony with the master plans on
public facilities and environmental protection.
3. The Government shall
detail the use of land for construction of condominiums.
Article 146. Land used
for improvement and development of urban areas and rural residential areas
1. Land for urban
improvement and development includes land for improvement of the existing inner
urban areas and land planned for expanding existing urban areas or developing
new urban areas.
Land for improvement and
development of rural residential areas includes land for improvement of
existing residential areas, land which is part of the agricultural land fund
for public purposes, and land planned for expanding existing residential areas.
2. The use of land for
improvement and development of urban areas and rural residential areas must
conform to the master plans, plans on land use, urban construction master plan
and master plan for development of rural residential areas which have been
approved by competent state agencies, and with construction standards and
regulations issued by competent state agencies
3. Provincial-level
People’s Committees shall organize the development of projects and assign them
to economic organizations, overseas Vietnamese or foreign-invested enterprises for
implementation in accordance with law in order to improve or develop new urban
or rural residential areas. The land for such projects shall be allocated
appropriately in master plans, plans on land use for the whole area, including
land for construction of infrastructure, residential land, land for public
facilities and non-business facilities, land for trading and services and land
for non-agricultural production establishments.
When implementing
projects on technical infrastructure, development or improvement of urban or
rural residential areas, the State shall proactively recover the land which
includes land for construction of infrastructure and the nearby area in
accordance with master plans, plans on land use.
4. In case the
communities develop or improve their facilities for public purposes based on
the contributions of people or the support by the State, the voluntary
contribution of land use rights, compensation or support shall be agreed upon
by the communities and the land users.
Article 147. Land for
construction of offices and non-business facilities
1. Land for construction
of offices includes land for construction of offices of state agencies,
political organizations and socio-political organizations.
2. Land for construction
of non-business facilities includes land for construction of non-business
facilities in the sectors and fields of economy, culture, society, health,
education and training, physical training and sports, science and technology,
environment, and foreign affairs and other non-business facilities.
3. The use of land
prescribed in Clauses 1 and 2 of this Article must conform to the master plans,
plans on land use, the urban construction master plan and the master plan for
development of rural residential areas approved by competent state agencies.
4. The heads of agencies
or organizations to which land is allocated or leased shall preserve the
allocated or leased land and ensure proper land use purposes.
It is forbidden to use
the land for construction of offices and non-business facilities for other
purposes.
5. The State shall
encourage the use of land for the purpose of development of culture, health,
education and training, physical training and sports, science and technology,
and environment.
Article 148. Land for
national defense or security purpose
1. Land used for
national defense or security purpose includes land used in the cases prescribed
in Article 61 of this Law.
2. Provincial-level
People’s Committees shall perform the state management over land used for
national defense or security purpose in their localities.
The Ministry of National
Defense and the Ministry of Public Security shall coordinate with
provincial-level People’s Committees in formulating master plans, plans on land
use for national defense or security purpose to meet the requirements of
socio-economic development and strengthening of national defense and security;
review and define the boundaries of land used for national defense or security
purpose; and define the areas and locations of land for national defense or
security purpose which are no more needed or are improperly used, for handover
to the localities for management and use.
3. For land areas that
are planned for national defense or security purpose but are still not used for
these purposes, the current users may continue using the land until the
decision by a competent state agency to recover the land is issued, but must
not cause deformation to the natural terrain.
4. The Government shall
detail this Article.
Article 149. Land for
industrial parks, export processing zones, industrial clusters and trade
villages
1. The use of land for
construction of industrial parks, export processing zones, industrial clusters
or trade villages must conform to master plans, plans on land use and detailed
construction master plans approved by competent state agencies.
During the planning and
establishment of industrial parks or export processing zones, the planning and
construction of housing areas and public facilities outside the industrial
parks or export processing zones to serve the life of workers in industrial
parks or export processing zones must be carried out concurrently.
2. The State shall lease
the land to economic organizations, overseas Vietnamese or foreign- invested
enterprises to invest in construction and commercial operation of
infrastructure of industrial parks, industrial clusters and export processing
zones. For the land area that is leased with annual rental payment, the lessee
may sublease that land with annual rental payment. For the land area that is
leased with full one-off rental payment for the entire lease period, the lessee
may sublease that land with full one-off rental payment for the entire lease
period or annual rental payment.
Investors are entitled
to exemption from land rental for the land used for construction of
infrastructure for common use in industrial parks, industrial clusters or
export processing zones.
3. Economic
organizations, households, individuals, overseas Vietnamese and foreign-
invested enterprises that invest in production and business in industrial
parks, industrial clusters or export processing zones are entitled to sublease
land together with infrastructure from other economic organizations, overseas
Vietnamese or foreign-invested enterprises that have invested in the
construction and commercial operation of infrastructure, and have the following
rights and obligations:
a) In case of subleasing
land with full one-off rental payment for the entire lease period, they have
the rights and obligations prescribed in Article 174 of this Law;
b) In case of subleasing
land with annual rental payment, they have the rights and obligations
prescribed in Article 175 of this Law.
4. Land users in
industrial parks, industrial clusters or export processing zones shall use land
for the determined land use purposes, be granted a certificate of land use
rights and ownership of houses and other land-attached assets, and have the
rights and obligations prescribed in this Law.
5. Economic
organizations, households, individuals or overseas Vietnamese that invest in
production and business in industrial parks, industrial clusters or export
processing zones and have been allocated land by the State or acquired land use
rights together with infrastructure from other economic organizations or
overseas Vietnamese that have invested in the construction and commercial
operation of infrastructure of industrial parks, industrial clusters or export
processing zones prior to the effective date of this Law, may continue using
the land for the remaining project duration without having to change to lease
land. At the expiry of the project duration, if these subjects still have
demand, the State shall consider leasing land to them in accordance with this
Law.
6. The Government shall
detail this Article.
Article 150. Land for
hi-tech zones
1. Land for hi-tech
zones that are established under decisions of the Prime Minister includes land
of different categories with different land use regimes used for the production
and trading of hi-tech products, research, development and application of high
technology and training of hi-tech human resources.
During the planning and
establishment of hi-tech zones, the planning and construction of housing areas
and public facilities outside the hi-tech zones to serve the life of experts
and workers in hi-tech zones must be carried out concurrently.
2. The management board
of a hi-tech zone shall be allocated land in the hi-tech zone by the
provincial-level People’s Committee. The board may lease land to organizations,
individuals, overseas Vietnamese or foreign-invested enterprises using land in
the hi-tech zone in accordance with this Law.
3. The management board
of a hi-tech zone shall make a detailed construction plan of the hi-tech zone
and submit it to the provincial-level People’s Committee of the locality where
the land is located for approval.
The provincial-level
People’s Committee shall allocate land to the management board of the hi-tech
zone to organize the construction and development of the hi-tech zone in accordance
with the approved master plan.
4. Land users that lease
land in a hi-tech zone from its management board have the same rights and
obligations as leasing land from the State in accordance with this Law.
5. The enterprise that
develops the hi-tech zone or develops the infrastructure is entitled to lease
land from the management board. Those who have demand to use land in the
hi-tech zone may sublease land from this enterprise.
6. Land users in a
hi-tech zone shall use land in accordance with land use purposes indicated in
the land lease contract, be granted a certificate of land use rights and
ownership of houses and other land-attached assets, and have the rights and
obligations prescribed in this Law.
In case of transfer of
land use rights in a hi-tech zone, the transferee shall continue using the land
for the determined land use purpose.
7. The State shall
encourage organizations, overseas Vietnamese and foreign-invested enterprises
to invest in the construction and commercial operation of infrastructure in
hi-tech zones, and encourage organizations, individuals, overseas Vietnamese
and foreign-invested enterprises to use land for the development of science and
technology.
8. The determination of
land rental rates and calculation of land rentals in hi-tech zones must comply
with this Law.
Article 151. Land for economic
zones
1. Land for economic
zones includes land used for construction of economic zones or border- gate
economic zones which are established under decisions of the Prime Minister.
Land in an economic zone includes land used for its functional areas, including
non-tariff zone, tariff- bonded zone, export processing zone, industrial park,
entertainment zone, tourist area, urban area, residential area, administrative
area and other functional areas which are consistent with characteristics of
each economic zone in order to create an especially favorable investment and
business environment for investors.
The construction or
opening of an economic zone must conform to the master plan on the economic
zone system in the whole country.
2. Provincial-level
People’s Committees shall allocate land to the management boards of economic
zones to organize the construction of the economic zones in accordance with the
approved land use plan which is included in the detailed construction master
plans of the economic zones.
3. The management board
of an economic zone shall carry out the compensation and ground clearance for
the recovered land which is allocated by a competent state agency before
re-allocating or leasing the land. The management board may re-allocate land
with or without land use levy or lease land to land users that need to use the
land in the functional areas of the economic zone under Articles 54, 55 and 56
of this Law.
The land use term for production
and business in an economic zone must not exceed 70 years.
4. Land users in an
economic zone are entitled to invest in the construction of and trading in
houses and infrastructure, and to conduct production, business and service
activities, and have the following rights and obligations:
a) In case of being
re-allocated land in the economic zone by the management board, they have the
rights and obligations as allocated land by the State in accordance with this
Law;
b) In case of leasing
land in the economic zone from the management board, they have the rights and
obligations as leasing land from the State in accordance with this Law.
5. The State shall
encourage investment in the construction and commercial operation of
infrastructure in economic zones and encourage the use of land for economic
development.
6. The land use regime
and rights and obligations of land users in an economic zone shall apply in
accordance with each type of land as prescribed in this Law.
7. Economic
organizations, households, individuals or overseas Vietnamese that invest in
production and business in an economic zone and have been allocated land by the
State or acquired land use rights from other economic organizations or overseas
Vietnamese prior to the effective date of this Law may continue using the land
for the remaining project duration without having to change to lease land. At
the expiry of the project duration, if these subjects still have demand, the
management board shall consider leasing land to them in accordance with this
Law.
8. The Government shall
detail this Article.
Article 152. Land used
for mining activities
1. Land used for mining
activities includes land used for mineral exploration, exploitation and
processing, land for auxiliary facilities for mining activities and safety corridors in mining activities.
2. Land used for mineral
exploration and exploitation shall be leased by the State to organizations,
individuals, overseas Vietnamese or foreign-invested enterprises that are
permitted to carry out projects on mineral exploration and exploitation.
Land used as ground for
mineral processing falls under the type of non-agricultural land for production
and business purposes with the same land use regime as for the land for trading
and services or non-agricultural production establishments as prescribed in
Article 153 of this Law.
3. The use of land for
mining activities must comply with the following provisions:
a) Having a license for
mining activities and a decision on land lease for mineral exploration and
exploitation or a decision on lease of land as mineral processing ground,
granted by a competent state agency according to the Government’s regulations;
b) Taking measures for
environmental protection, waste treatment and other measures to avoid causing damage
to other land users in the area or the surrounding areas;
c) The use of land must
be in line with the progress of mineral exploration and exploitation. Land
users shall return the land in accordance with the progress of mineral
exploration and exploitation and with the status of surface soil as stipulated
in the land lease contract;
d) If the mineral
exploration and exploitation do not require the use of surface soil or do not
affect the use of the ground, there is no need to lease the surface soil.
Article 153. Land used
for trading and services; land for non-agricultural production establishments
1. Land used for trading
or services includes land used for construction of trading or service
establishments and other facilities serving trading or services.
Land used for
non-agricultural production establishments includes land used for construction
of non-agricultural production establishments that are located outside
industrial parks, industrial clusters or export processing zones.
2. The use of land for
trading, services and non-agricultural production establishments must be in
line with master plans, plans on land use, urban construction master plan and
master plan for development of rural residential areas which have been approved
by competent state agencies, and with regulations on environmental protection.
3. Economic
organizations, households or individuals may use land for trading, services or
for non-agricultural production establishments, which is the land obtained
through leasing land from the State, acquiring land use rights, leasing or
subleasing land or receiving land use rights contributed as capital from other
economic organizations, households or individuals, or from overseas Vietnamese,
or subleasing land together with infrastructure from foreign-invested
enterprises.
Overseas Vietnamese may
use land for trading, services or non-agricultural production establishments,
which is the land obtained through leasing land from the State, or leasing or
subleasing land from other economic organizations, households or individuals,
or from other overseas Vietnamese, or subleasing land together with
infrastructure from foreign-invested enterprises. Overseas Vietnamese who are
defined Clause 1, Article 186 of this Law are also entitled to obtain land through
inheritance or donation of land use rights to use for construction of trading,
services or non-agricultural production establishments.
Foreign-invested
enterprises may use land for trading, services or non-agricultural production
establishments, which is the land obtained through leasing land from the State,
or leasing or subleasing land from economic organizations or overseas
Vietnamese, or subleasing land together with infrastructure from other
foreign-invested enterprises.
Article 154. Land used
for production of construction materials and ceramic products
1. Land used for
production of construction materials and ceramic products includes land, land
with surface water for material exploitation and land used as ground for
processing and producing construction materials and ceramic products.
The use of land for
exploiting raw materials for manufacturing bricks, tiles or ceramic products
must take advantage of hilly land, uncultivated hillocks, abandoned land, land
in riverbed or ponds or lakes that need to be dig deep, land along the rivers
not being used for agricultural production, soil dikes no longer in use, or
land from rehabilitation of rice fields.
2. Land or land with
surface water used for exploiting raw materials shall be leased by the State to
households or individuals that are permitted to exploit raw materials for the
production of construction materials and ceramic products; to economic
organizations, overseas Vietnamese or foreign-invested enterprises that are
licensed to implement investment projects on exploitation of raw materials for
production of construction materials and ceramic products.
Land used as ground for
production of construction materials and ceramic products falls under the type
of non-agricultural land for production and business purposes with the same
land use regimes as for trading, services or non-agricultural production
establishments as prescribed in Article 153 of this Law.
3. The use of land for
production of construction materials and ceramic products must comply with the
following provisions:
a) Having a decision on
land lease for the purpose of exploitation of raw materials, processing and
production of construction materials and ceramic products issued by a competent
state agency;
b) Taking necessary
measures to avoid causing damage to production activities, life and negative
effects to the environment, water flows or transportation;
c) Land
users shall return the land in accordance with the progress of exploitation of
raw materials and with the status of surface soil as stipulated in the land
lease contract.
4. It is forbidden to
use land of the following types to exploit raw materials for manufacturing
bricks, tiles or ceramic products:
a) Land with
historical-cultural relics or scenic landscapes which have been ranked or
placed under the protection of provincial-level People’s Committees;
b) Land within the
safety corridor of construction facilities.
5. In the process of
using land to exploit raw materials for manufacturing bricks, tiles or ceramic
products, land users shall apply appropriate technology measures to exploit and
use the land suitably and economically and shall take necessary measures to
avoid causing damage to production activities and the life of adjacent land
users and adverse effects to the environment.
Article 155. Land used
for public purposes or for implementation of build-transfer (BT) and
build-operate-transfer (BOT) projects
1. The use of land for
public purposes must be in line with the master plans, plans on land use, urban
construction master plan and master plan for development of rural residential
areas approved by competent state agencies.
2. For land used for
public purposes, a detailed construction master plan must be formulated which
clearly defines the functional areas used for public purposes involving
non-commercial purpose and functional areas used for public purposes involving
commercial purpose.
The land used for
functional areas for non-commercial purposes shall be allocated by the State
without land use levy under Article 54 of this Law. The land used for
functional areas for commercial purpose shall be leased by the State under
Article 56 of this Law.
3. The State shall
allocate land to investors for management to implement BT projects and allocate
or lease land to investors to implement BOT projects and other forms as
prescribed by the investment law.
4. The Government shall
detail this Article.
Article 156. Land used
for civil airports and airfields
1. Land used for civil
aviation operations at airports or airfields includes:
a) Land used for
construction of offices of state agencies which operate constantly at airports
or airfields;
b) Land
used for construction of infrastructure in airports or airfields, including
land for construction of runways, taxiways, aircraft parking areas, facilities
to ensure flight operations, aviation security and airfield emergency, fences,
construction-serving roads, internal roads and other auxiliary facilities areas
of the airfields;
c) Land used for
construction of facilities for aviation services at airports or airfields;
d) Land used for
construction of facilities for non-aviation services.
2. Airport authorities
shall be allocated land by provincial-level People’s Committees in accordance
with master plans, plans on land use and master plan for airports and airfields
which have been approved by competent state agencies. The certificate of land
use rights and ownership of houses and other land-attached assets which are
used for civil aviation operations at airports or airfields shall be granted to
the airport authorities.
3. Based on master
plans, plans on land use approved by the state management agency in charge of
civil aviation, airport authorities shall allocate land without land use levy
or lease land in accordance with the following provisions:
a) Allocation of land
without land use levy for the land specified at Points a and b, Clause 1 of
this Article;
b) Lease of land with
annual rental payment for the land specified in Points c and d, Clause 1 of
this Article. The calculation and collection of land rental must comply with
this Law.
4. Organizations and
individuals using land at airports or airfields have the following rights and
obligations:
a) To use land for
proper purposes; to refrain from exchanging, transferring, donating or leasing
land use rights, or mortgaging or contributing as capital land use rights;
b) To use the assets
under their ownership which are attached to the leased land as collateral at
credit institutions which are licensed to operate in Vietnam; to sell or lease
assets and contribute as capital assets under their ownership which are
attached to the leased land.
5. The Government shall
detail this Article.
Article 157. Land used
for construction of public facilities with safety corridors
1. Land used for
construction of public facilities with safety corridors includes land used for
construction of systems of transport, irrigation, dykes, water supply and
drainage, waste treatment, power transmission, oil and gas pipelines and
communication, and land within the safety corridors of these systems.
2. The use of land for
public facilities with safety corridors must ensure the use of both the aerial
and underground space, the combination of different facilities in the same land
area in order to save land, and comply with relevant specialized laws
concerning safety protection of facilities.
3. Legally recognized
users of land within the safety coưidors
may continue using the land in accordance with the determined
purposes and may not hinder the safety protection of the facilities.
In case the use of that
land hinders the safety protection of the facilities, the owners of facilities
and the land users shall take remedial measures. In case of failure to remedy
the problem, the State will recover the land and pay compensation in accordance
with law.
4. Agencies or
organizations directly managing the facilities with safety corridors shall
publicize information on boundary marks of the safety corridors and take the
main responsibility for the protection of the facilities. In case the safety
corridors of the facilities are illegally encroached, occupied or used, the
agencies or organizations shall promptly report it to and request handling from
the commune-level People’s Committee of the locality where the safety corridors
are located.
5. The People’s
Committees of all levels of the locality where the facilities with safety
corridors are located shall coordinate with the agencies or organizations
directly managing the facilities in disseminating laws and regulations on
safety protection of facilities, publicizing boundary marks for the land use
within the safety corridors and promptly deal with the illegal occupation,
encroachment or use of the safety corridors.
6. The Government shall
detail this Article.
Article 158. Land with
historical-cultural relics and landscapes
1. Land with
historical-cultural relics and landscapes which are ranked or under the
protection of provincial-level People’s Committees shall be strictly managed in
accordance with the following provisions:
a) Organizations,
households, individuals and communities that directly manage land with
historical-cultural relics and landscapes shall assume the main responsibility
in the use of such land in accordance with the law on cultural heritage;
b) Commune-level
People’s Committees shall assume the main responsibility for the management
over land with historical-cultural relics and landscapes in their localities
which are not specified at Point a of this Clause;
c) If
land with historical-cultural relics and landscapes is encroached, occupied or
used for improper or illegal purposes, the chairperson of the commune-level
People’s Committee of the locality where such land is located shall detect,
prevent and deal with these illegal activities promptly.
2. In special cases in
which it is necessary to use land with historical-cultural relics and
landscapes for other purposes, the change of the land use purpose must conform
with the master plans, plans on land use approved by competent state agencies
and must be approved in writing by the state agencies which have the competence
to decide on the ranking of those historical- cultural relics and landscapes.
Article 159. Land used
by religious establishments
1. Land used by
religious establishments includes land for pagodas, churches, oratories,
sanctuaries, monasteries, religious schools, head offices of religious
establishments and other religious establishments whose operation is licensed
by the State.
2. Provincial-level
People’s Committees shall base themselves on the state policies on religions
and master plans, plans on land use approved by competent state agencies to
determine the land areas to be allocated to the religious establishments.
Article 160. Land used for
belief practices
1. Land for belief
practices includes land for communal houses, temples, shrines, hermitages,
ancestral worship houses and ancestral temples.
2. Land for belief
practices must be used properly and in accordance with the master plans, plans
on land use, urban construction master plan and master plan for development of
rural residential areas which have been approved by competent state agencies.
3. The construction or
expansion of communal houses, temples, shrines, hermitages, ancestral worship
houses and ancestral temples of the communities must be permitted by competent
state agencies.
Article 161. Land used
for construction of underground facilities
1. The use of land for
construction of underground facilities must conform to the master plan for
construction of underground facilities, land use plans and other related master
plans which have been approved by competent state agencies.
2. Provincial-level
People’s Committees shall decide on land allocation and land lease for
construction of underground facilities in accordance with the Government’s
regulations.
Article 162.
Land used to cemeteries or graveyards
1. Land used for
cemeteries or graveyards must be developed in concentrated areas in conformity
with master plan on land use; be located far from residential areas and
convenient for burial services and visits, satisfying sanitation and
environmental requirements and used economically.
2. Provincial-level
People’s Committees shall prescribe land quotas and management regimes for
construction of graves, statues and monuments, and memorial stela in cemeteries
or graveyards with economical use of land, and adopt policies to encourage the
burial without using land.
3. It is forbidden to
build cemeteries or graveyards which are not in conformity with master plans,
plans on land use which have been approved by competent state agencies.
Article 163. Land with
rivers, streams, canals, springs and special-use water surface
1. Based on the
determined main purpose, land with rivers, streams, canals, springs or
special-use water surface must be used and managed in accordance with the
following provisions:
a) The State shall
allocate land with special-use water surface to organizations for management in
combination with use and exploitation of such land for non-agriculture
purposes, or non-agriculture purposes in combination with aquaculture and
exploitation of aquatic resources;
b) The State shall lease
out land with rivers, streams, canals or springs with annual rental payment to
economic organizations, households or individuals for aquaculture;
c) The State shall lease
out land with rivers, streams, canals or springs with annual rental payment to
overseas Vietnamese or foreign-invested enterprises for implementing their
investment projects on aquaculture.
2. The exploitation and
use of land with rivers, streams, canals, springs or special-use water surface
must not affect the determined main land use purpose; and must also comply with
the technical regulations of the related sector or field and the regulations on
environmental and landscape protection, and may not obstruct natural flows and
waterway transportation.
Section 4. UNUSED LAND
Article
164. Management of unused land
1.
Commune-level People’s Committees shall manage and protect unused land in their
localities and register it in cadastral records.
2.
Provincial-level People’s Committees shall manage unused land on uninhabited
islands.
3.
The management of unused land must comply with the Government’s regulations.
Article
165. Putting of unused land into use
1.
Based on the master plans, plans on land use approved by competent state
agencies, the People’s Committees of all levels shall make plans for
investment, reclamation and improvement of the unused land in order to put it
into use.
2.
The State shall encourage investment by organizations, households and individuals
to put unused land into use in accordance with the master plans, plans on land
use approved by competent state agencies.
3.
Land areas planned for agricultural purposes shall be allocated with priority
to local households or individuals directly
engaged in agricultural, forestry, aquaculture or salt production
that have not been allocated land or lack production land.
Chapter 11.
RIGHTS AND OBLIGATIONS
OF LAND USERS
Section 1. GENERAL
PROVISIONS
Article 166. General rights of
land users
1. To be granted the
certificate of land use rights, houses and other land-related assets ownership.
2. To enjoy the results
of the labor and investment on land.
3. To enjoy the benefits
derived from facilities constructed by the State for protecting and improving
agricultural land.
4. To receive the
State’s guidance and assistance in the improvement and fertilization of
agricultural land.
5. To be protected by
the State against others’ infringements of their lawful rights and benefits
involving land.
6. To receive compensation
when land is recovered by the State in accordance with this Law.
7. To complain about,
denounce or file lawsuits over violations of their lawful land use rights and
other violations of the land law.
Article 167. The right
to exchange, transfer, lease, sublease, inherit, donate, mortgage land use
rights and contribute land use rights as capital
1. Land users may
exercise the rights to exchange, transfer, lease, sublease, inherit, donate,
mortgage land use rights and to contribute land use rights as capital in
accordance with this Law.
2. A group of land users
sharing land use rights have the following rights and obligations:
a) A group of land users
including households and individuals have the same rights and obligations as
households and individuals in accordance with this Law.
In case one member of
the group of land users is an economic organization, that group of land users
has the same rights and obligations as economic organizations in accordance
with this Law;
b) For a group of land
users sharing land use rights which can be split into portions for each member
in the group, if every member wants to exercise his/her land use rights over
such portion, they shall carry out the prescribed procedures to have the common
land parcel split into different parcels of their own and apply for the
certificates of land use rights and ownership of houses and other land-attached
assets. Those members will then have the rights and obligations of land users
in accordance with this Law.
In case land use rights
of the group of land users can not be split into portions, the group shall
authorize its representative to exercise the rights and perform the obligations
of the group.
3. The notarization and
certification of contracts and documents on the exercise of the rights of land
users shall be conducted as follows:
a) Contracts on
transfer, donation, mortgage or contribution of land use rights as capital or
the rights to use land and land-attached assets must be notarized or certified,
except the case of real estate business prescribed at Point b of this Clause;
b) Contracts on lease or
sublease of land use rights or the rights to use land and land-attached assets,
a contract on exchange of agricultural land use rights, a contract on transfer
of land use rights or the rights to use land and land-attached assets in which
one party or all parties involved in the transaction is/are a real estate
business organization or organizations must be notarized or certified at the
request of the parties;
c) The documents on
inheritance of land use rights or the rights to use land and land-attached
assets must be notarized or certified under the civil law;
d) The notarization
shall be conducted at notarization-practicing organizations and the
certification shall be conducted at commune-level People’s Committees.
Article 168.
Time to exercise the rights of land users
1. Land users may
exercise the rights to transfer, lease, sublease, donate and mortgage land use
rights and to contribute land use rights as capital upon receipt of a certificate.
In case of exchanging agricultural land use rights, land users may exercise
their rights upon receipt of a decision on land allocation or land lease. In
case of inheritance of land use rights, land users may exercise their rights
upon receipt of a certificate or when they are eligible to be granted a
certificate.
A land user who is
allowed to delay the performance of, or owe, his/her financial obligations, may
exercise his/her rights only after fulfilling all financial obligations.
2. The transfer of land
use rights within an investment project on construction of houses for sale or
lease or the transfer of land use rights together with the whole project within
an investment project on construction of infrastructure for transfer or lease
may only be conducted upon receipt of a certificate and satisfaction of all
conditions prescribed in Article 194 of this Law.
Article 169. Acquisition
of land use rights
1. Acquisition of land
use rights is prescribed as follows:
a) Households and
individuals may acquire agricultural land use rights through exchange of land
use rights as prescribed at Point b, Clause 1, Article 179 of this Law;
b) Economic
organizations, households and individuals may acquire land use rights through
receipt of transfer of land use rights, except the cases prescribed in Article
191 of this Law. Overseas Vietnamese may acquire land use rights through
receipt of transfer of land use rights in industrial parks, industrial
clusters, export processing zones, hi-tech zones or economic zones. Foreign-invested
enterprises may acquire investment capital which is the value of land use
rights in accordance with the Government’s regulations;
c) Organizations,
households, individuals and communities may acquire land use rights through
receipt of donation of land use rights as prescribed at Point c, Clause 2,
Article 174, and Point e, Clause 1, Article 179, of this Law, except the case
prescribed in Article 191 of this Law;
d) Organizations,
households, individuals and communities may acquire land use rights through
receipt of inherited land use rights;
e) Overseas Vietnamese
who are eligible to own houses in Vietnam under the housing law may acquire
land use rights through purchase, lease-purchase, inheritance or donation of
houses associated with land use rights, or acquire land use rights in housing
development projects;
f) Economic
organizations and joint ventures may acquire land use rights through receipt of
contribution of land use rights as capital;
g) Organizations,
households, individuals, communities, religious establishments and overseas
Vietnamese may acquire land use rights through land allocation by the State.
Foreign-invested enterprises may acquire land use rights through land
allocation by the State to carry out investment projects on construction of
houses for sale or for a combination of sale and lease;
h) Economic
organizations, self-financed public non-business organizations, households,
individuals, overseas Vietnamese, foreign-invested enterprises and foreign
organizations with diplomatic functions may acquire land use rights through
land lease by the State;
i) Organizations,
households, individuals, communities and religious establishments may acquire
land use rights through the State’s recognition of the existing stable use of
the land;
k) Organizations,
households, individuals, overseas Vietnamese and foreign-invested enterprises
may acquire land use rights through the successful conciliation of land
disputes which is certified by a competent People’s Committee, the agreement in
the mortgage contract to handle the debt, or the decision of a competent state
agency on settlement of land disputes, complaints or denunciations, the
decision or judgment of a People’s Court, the decision on judgment enforcement
of the judgment enforcement agency which has been executed, the document
recognizing the result of the auction of land use rights in accordance with
law, or the document on splitting land use rights for households or groups
sharing land use rights in accordance with law;
l/ Communities and
religious establishments may acquire land use rights through the successful
conciliation of land disputes which is certified by a competent People’s
Committee, the decision of a competent state agency on settlement of land
disputes, complaints or denunciations, the decision or judgment of a People’s
Court, or the judgment enforcement decision of the judgment enforcement agency
which has been executed;
m/ The organization
which is a newly established legal entity through splitting or merger under the
decision of a competent agency or organization or according to a lawful
document on splitting or merger of economic organizations may acquire land use
rights from the organizations which are split or merged legal entities.
2. Households and
individuals may acquire land use rights, regardless of place of residence,
except the cases prescribed in Clauses 3 and 4, Article 191, and Article 192 of
this Law.
Article 170. General
obligations of land users
1. To use the land for
proper purposes, in accordance with the land parcel boundaries, in compliance
with regulations on use of the depth beneath and the space above the parcel
while protecting underground public facilities and in accordance with other
relevant laws.
2. To declare and
register land; to complete all related procedures upon exchange, transfer,
lease, sublease, inheritance, donation of land use rights; mortgage or
contribution of land use rights as capital in accordance with law.
3. To fulfill financial
obligations in accordance with law.
4. To take measures to
protect the land.
5. To comply with
regulations on environmental protection and not to cause damage to the lawful
benefits of related land users.
6. To comply with the
law on discovery of underground objects.
7. To return the land
upon the State’s decision on land recovery or at the expiry of the land use
term without being permitted to extend the land use term.
Article 171. Limited use
rights to the adjacent land parcel
1. The limited use
rights to the adjacent land parcel include the right to access path, water
supply and drainage, irrigation and drainage in cultivation, gas supply, power
lines, communication and other reasonable needs on the adjacent land parcel.
2. The limited use
rights to the adjacent land parcel shall be established in accordance with the
civil law and must be registered under Article 95 of this Law.
Article 172. Right to
choose method of land rental payment
1. Economic
organizations, self-financed public non-business organizations, households,
individuals, overseas Vietnamese and foreign-invested enterprises specified in
Clause 1, Article 56 of this Law may choose between the form of annual rental
payment or full one-off rental payment for the entire lease period.
2. Economic
organizations, self-financed public non-business organizations, households,
individuals, overseas Vietnamese and foreign-invested enterprises that are
leasing land from the State with annual rental payment may change to the form
of full one-off rental payment for the entire lease period. The specific land price
used for determination of land rental must be re-determined in accordance with
this Law at the time the decision on approval of the change to the form of full
one-off rental payment for the entire lease period is issued.
Section 2. RIGHTS AND
OBLIGATIONS OF ORGANIZATIONS USING LAND
Article 173. Rights and
obligations of organizations that are allocated land without land use levy by
the State
1. Organizations to
which the land is allocated by the State without land use levy have the rights
and obligations prescribed in Articles 166 and 170 of this Law.
2. Organizations to
which the land is allocated by the State without land use levy may not
exchange, transfer, donate, lease land use rights; mortgage, contribute land
use rights as capital, and are not entitled to compensation upon land recovery
by the State.
Article 174. Rights and
obligations of organizations that are allocated land with land use levy by the
State, or leased land with full one-off rental payment for the entire lease
period
1. In addition to the
rights and obligations prescribed in Clause 1 of this Article, economic
organizations that are allocated land with land use levy or leased land with
full one-off payment for the entire lease period by the State have the rights
and obligations prescribed in Articles 166 and 170 of this Law.
2. Economic
organizations that are allocated land with land use levy or leased land with
full one-off rental payment for the entire lease period by the State have the
following rights:
a) To transfer land use
lights and land-attached assets under their ownership;
b) To lease land use
rights and land-attached assets under their ownership in case of being
allocated with land use levy by the State and to sublease land use rights and
land-attached assets under their ownership in case of being leased land with
full one-off rental payment for the entire lease period by the State;
c) To donate land use
rights to the State and communities for construction of facilities for common
public interests of the communities and donate land-attached gratitude houses
in accordance with law;
d) To mortgage with land
use rights and land-attached assets under their ownership at credit
institutions which are licensed to operate in Vietnam;
e) To contribute land
use rights and land-attached assets under their ownership as capital for
cooperation in production and business with organizations, individuals,
overseas Vietnamese or foreign-invested enterprises in accordance with law.
3. Self-financed public
non-business organizations leasing land with full one-off rental payment for
the entire lease period from the State and for which the paid rental does not
originate from the state budget, have the rights and obligations prescribed in
Clauses 1 and 2 of this Article. The exercise of the rights is subject to
written approval by a competent state agency.
Self-financed public
non-business organizations leasing land with full one-off rental payment for
the entire lease period from the State and for which the paid rental originates
from the state budget have the rights and obligations prescribed in Article 173
of this Law.
4. Organizations that
are allocated land with land use levy or leased land with full one-off rental
payment for the entire lease period by the State, but are entitled to exemption
from or reduction of land use levy or land rental, have the following rights
and obligations:
a) If the organization
is allocated or leased land by the State for implementation of projects on
construction of and trading in houses and is entitled to exemption from or
reduction of land use levy or land rental, it has the same rights and
obligations as being not entitled to exemption from or reduction of land use
levy or land rental;
b) If the organization
is allocated or leased land by the State for implementation of investment
projects for profit purpose that is not prescribed at Point a of this Clause,
and is allowed to pay a reduced land use levy or land rental, it has the same
rights and obligations as being not entitled to exemption from or reduction of
land use levy or land rental for the land type with similar land use purpose;
c) If the organization
is allocated or leased land by the State for implementation of investment
projects for profit purpose that is not prescribed at Point a of this Clause,
and is exempted from land use levy or land rental, it has the same rights and
obligations as leasing land with annual rental payment for the land type with
similar land use purpose.
Article 175. Rights and
obligations of economic organizations and public non-business organizations
using leased land with annual rental payment
1. Economic
organizations or public non-business organizations using leased land from the
State with annual rental payment have the following rights and obligations:
a) General rights and
obligations prescribed in Article 166 and Article 170 of this Law;
b) To mortgage their
assets attached to the leased land at credit institutions which are licensed to
operate in Vietnam;
c) To sell their assets
attached to the leased land upon the satisfaction of the conditions prescribed
in Article 189 of this Law. The buyer of these assets may continue to be leased
land for determined land use purpose by the State;
d / To contribute their
assets attached to the leased land as capital. The recipient of these assets
may continue to be leased land for determined land use purpose by the State;
e) To sublease land use
rights with annual rental payment for the land with completely constructed
infrastructure in case they are permitted to invest in the construction and
commercial operation of infrastructure in industrial parks, industrial
clusters, export processing zones, hi-tech zones or economic zones.
2. Economic
organizations or public non-business organizations using land leased from
organizations, households or individuals that are located outside industrial
parks, industrial clusters or export processing zones have the rights and
obligations prescribed in the civil law.
Article 176. Rights and
obligations of economic organizations which acquire land use rights or change
land use purposes
1. Economic
organizations which acquire land use rights or change land use purpose have the
general rights and obligations prescribed in Articles 166 and 170 of this Law.
2. Economic
organizations acquiring the rights to use the land which originates from being
allocated with land use levy or being leased with full one-off rental payment
for the entire lease period by the State and the land use levy or land rental
does not originate from the state budget have the rights and obligations
prescribed in Clause 2, Article 174 of this Law.
3. Economic
organizations acquiring the agricultural land use rights in accordance with law
have the following rights and obligations:
a) If they acquire land
use rights without changing, the land use purpose, they have the rights and
obligations prescribed in Clause 2, Article 174 of this Law;
b) If they acquire land
use rights and change the land use purpose and are eligible for being allocated
land with land use levy or leased land with full one-off rental payment for the
entire lease period, they have the rights and obligations prescribed in Clause
2, Article 174 of this Law;
c) If they acquire land
use rights and change the land use purpose and are eligible for being leased
land with annual rental payment, they have the rights and obligations
prescribed in Article 175 of this Law.
4. The rights and
obligations of economic organizations which are approved by competent state
agencies to change the land use purpose from land allocation without land use
levy to land allocation with land use levy or to land lease are prescribed as
follows:
a) If the economic
organization is allocated land with land use levy or leased land with full
one-off rental payment for the entire lease period, it has the rights and obligations
prescribed in Clause 2, Article 174 of this Law;
b) If the economic
organization is leased land with annual rental payment, it has the rights and
obligations prescribed in Clause 1, Article 175 of this Law.
Article 177. Rights and
obligations of economic organizations receiving land use rights as contributed
capital; land use rights of economic organizations upon dissolution or
bankruptcy
1. Economic
organizations receiving land use rights as contributed capital from households,
individuals or other economic organizations have the rights and obligations
prescribed in Article 174 of this Law in the following cases:
a) The land of economic
organizations which contribute capital is the land allocated with land use levy
or leased with full one-off rental payment for the entire lease period by the
State, or obtained through acquisition of land use rights;
b) The land contributed
by households or individuals is not the land leased by the State with annual
rental payment.
2. Land use rights of
cooperatives upon dissolution or bankruptcy are prescribed as follows:
a) The land allocated
without land use levy or allocated with land use levy or leased by the State or
obtained through buying land-attached assets or obtained through lawful
acquisition of land use rights from others for which the land use levy or land
rental, or the paid amount for purchase of land-attached assets, or the fund
for acquisition of land use rights originates from the state budget, shall be
recovered by the State;
b) The land allocated
with land use levy, leased with foil one-off rental payment for the entire
lease period by the State, or obtained through buying land-attached assets or
obtained through lawful acquisition of land use rights from others for which
the land use levy or land rental, or the paid amount for purchase of
land-attached assets, or the fund for acquisition of land use rights does not
originate from the state budget; the land obtained through contribution of land
use rights as capital from cooperative members, is not recovered by the State.
Land use rights belong to the cooperative and shall be settled in accordance
with the charter of the cooperative and the resolution of the members’ meeting.
3. Land use rights of
the economic organization which is an enterprise, upon its dissolution or
bankruptcy, shall be settled in accordance with law.
Article 178. Rights and
obligations of economic organizations that are leased land for construction of
underground facilities
Economic organizations
that are leased land by the State to invest in the construction of underground
facilities have the following rights and obligations:
1. If the land is leased
with full one-off rental payment for the entire lease period, they have the
same rights and obligations as economic organizations prescribed in Clauses 1,
2 and 4, Article 174 of this Law;
2. If the land is leased
with annual rental payment, they have the same rights and obligations as
economic organizations prescribed in Clause 1, Article 175 of this Law.
Section 3. RIGHTS AND
OBLIGATIONS OF HOUSEHOLDS, INDIVIDUALS AND COMMUNITIES USING LAND
Article 179. Rights and
obligations of households and individuals using land
1. Households or
individuals that use agricultural land allocated by the State within land use
quotas, are allocated land with land use levy or leased with full one-off
rental payment for the entire lease period, have land use rights recognized by
the State, or obtain land through exchange, transfer, inheritance or donation,
have the following rights and obligations:
a) The general rights
and obligations prescribed in Article 166 and Article 170 of this Law;
b) To exchange
agricultural land use rights with other households and individuals within the
same commune, ward or township;
c) To transfer land use
rights in accordance with law;
d) To lease land use
rights to other organizations, households, individuals or overseas Vietnamese
investing in Vietnam;
e) Individuals using
land are entitled to bequeath their land use rights in accordance with their
will or law.
If any member of a
household to which land has been allocated by die State dies, land use rights
of that member may be inherited in accordance with his/her will or law.
If the heir is an
overseas Vietnamese who falls into the category defined in Clause 1, Article 186
of this Law, he)she is entitled to inherit land use rights. Otherwise, he)she
is only entitled to receive the value of the inherited land use rights;
e) To donate land use
rights under Point c, Clause 2, Article 174 of this Law and to donate land use
rights to households, individuals or overseas Vietnamese who fall into the
category defined in Clause 1, Article 186 of this Law;
g) To mortgage land use
rights at credit institutions which are licensed to operate in Vietnam, or at
other economic organizations or individuals in accordance with law;
h) To contribute land
use rights as capital to organizations, households, individuals or overseas
Vietnamese for cooperation in production or business;
i) In case the land is
subject to recovery for project implementation, land users are entitled to
invest on land by their own or to lease land use rights to the investor or to
contribute land use rights as capital to the investor for project
implementation in accordance with the Government’s regulations.
2. Households or
individuals that are leased land by the State with annual rental payment have
the following rights and obligations:
a) The general rights
and obligations prescribed in Article 166 and Article 170 of this Law;
b) To sell their assets
attached to the leased land. The buyer of these assets may continue leasing
land from the State for the determined purpose;
c) To inherit or donate
their assets attached to the leased land. The heir or donee may continue
leasing land from the State for the determined purpose;
d) To lease their assets
attached to the leased land in accordance with the civil law;
e) To mortgage their assets attached to the
leased land at credit institutions which are licensed to operate in Vietnam, or
at other economic organizations or individuals in accordance with law;
f) To contribute their
assets attached to the leased land within the lease term as capital tó organizations,
households, individuals or overseas Vietnamese for cooperation in production or
business. The recipient of such capital contribution may continue leasing land
from the State for the determined purpose
3. Households or
individuals that sublease land in industrial parks, industrial clusters or
export processing zones have the following rights and obligations:
a) In case of leasing or
subleasing land with full one-off rental payment for the entire lease period,
they have the rights and obligations prescribed in Clause 1 of this Article;
b) In case of leasing or
subleasing land with annual rental payment, they have the rights and
obligations prescribed in Clause 2 of this Article.
4. Households or
individuals that are allocated or leased land by the State and are entitled to
exemption from or reductions of land use levy or land rental have the same
rights and obligations as being not entitled to exemption from or reductions of
land use levy or land rental.
5. Households or
individuals that use leased land from organizations, households or individuals
that do not fall into the case specified in Clause 3 of this Article, have the rights
and obligations prescribed in the civil law,
Article 180. Rights and
obligations of households and individuals changing land use purpose from land
allocation without land use levy to land allocation with land use levy or land
lease
1. Households or individuals
that change land use purpose from land allocation without land use levy to land
allocation with land use levy or land lease have the general rights and
obligations prescribed in Articles 166 and 170 of this Law.
2. The rights and
obligations of households or individuals using land of which the land use
purpose is permitted to change from land allocation without land use levy to
land allocation with land use levy or land lease by competent state agencies
are prescribed as follows:
a) In case of being
allocated land with land use levy or leased land with full one-off rental
payment for the entire lease period, these households or individuals have the
rights and obligations prescribed in Clause 1, Article 179 of this Law;
b) In case of being
leased land with annual rental payment, these households or individuals have
the rights and obligations prescribed in Clause 2, Article 179 of this Law.
Article 181. Rights and
obligations of religious establishments and communities using land
1. Religious establishments
and communities using land have the general rights and obligations prescribed
in Articles 166 and 170 of this Law.
2. Religious
establishments and communities using land may not exchange, transfer, lease or
donate land use rights or mortgage or contribute as capital land use rights.
Section 4. RIGHTS AND
OBLIGATIONS OF OVERSEAS VIETNAMESE, FOREIGN ORGANIZATIONS WITH DIPLOMATIC
FUNCTIONS AND FOREIGN-INVESTED ENTERPRISES USING LAND
Article 182. Rights and
obligations of foreign organizations with diplomatic functions
1. Foreign organizations
with diplomatic functions using land in Vietnam have the following rights and
obligations:
a) The general rights
and obligations prescribed in Articles 166 and 170 of this Law;
b) To construct
facilities on land in accordance with the licenses granted by competent state
agencies of Vietnam;
c) To own the facilities
on the leased land constructed by their own within the lease term.
2. In case there are
different provisions in treaties to which the Socialist Republic of Vietnam is
a contracting party, foreign organizations with diplomatic functions have the
rights and obligations as provided in those treaties.
Article 183. Rights and
obligations of overseas Vietnamese and foreign-invested enterprises using land
for implementation of investment projects in Vietnam
1. Overseas Vietnamese
investing in Vietnam who are allocated land with land use levy by the
Vietnamese State have the following rights and obligations:
a) The general rights
and obligations prescribed in Articles 166 and 170 of this Law;
b) The rights and
obligations prescribed in Clause 2, Article 174 of this Law.
2. Overseas Vietnamese
and foreign-invested enterprises that are leased land with annual rental
payment from the Vietnamese State have the following rights and obligations:
a) The general rights
and obligations prescribed in Articles 166 and 170 of this Law;
b) To mortgage their
assets attached to the leased land at credit institutions which are licensed to
operate in Vietnam, and to contribute as capital their assets attached to the
leased land. The recipient of the capital contribution may lease land from the
State for the determined purpose for the remaining lease term;
c) To sell their assets attached to the
leased land upon fulfillment of the requirements prescribed in Article 189 of
this Law;
d) To lease houses if
they are permitted to invest in the construction of and trading in houses.
3. Overseas Vietnamese
or foreign-invested enterprises that lease land from the State with full
one-off rental payment for the entire lease period and foreign-invested
enterprises that are allocated land with land use levy to implement projects
have the following rights and obligations:
a) The general rights
and obligations prescribed in Articles 166 and 170 of this Law;
b) To transfer land use
rights and land-attached assets under their ownership during the land use term;
c) To lease and sublease
land use rights and land-attached assets under their ownership within the land
use term;
d) To mortgage land use
rights and land-attached assets under their ownership at credit institutions
which are licensed to operate in Vietnam within the land use term;
e) To contribute land
use rights and land-attached assets under their ownership as capital for
cooperation in production and business within the land use term.
4. Foreign-invested
enterprises using land formed through the purchase of shares of Vietnamese
enterprises have the following rights and obligations:
a) In case the
foreign-invested enterprise formed through the purchase of shares of Vietnamese
enterprises is a wholly foreign-invested enterprise or a foreign-invested
enterprise in which the foreign investor is the dominant shareholder in
accordance with the law on enterprises, that foreign-invested enterprise has the
rights and obligations prescribed in Clauses 2 and 3 of this Article
corresponding to the form of payment of land use levy or land rental;
b) In
case the foreign-invested enterprise formed through the purchase of shares of
Vietnamese enterprises is an enterprise in which the Vietnamese party is the
dominant shareholder in accordance with the law on enterprises, that
foreign-invested enterprise has the rights and obligations as economic
organizations as prescribed in Articles 174 and 175 of this Law.
5. For overseas
Vietnamese or foreign-invested enterprises that use land to implement
investment projects in Vietnam and are allocated or leased with full one-off
rental payment for the entire lease period by the State and are exempted from
land use levy or land rental or allowed to pay a reduced one, they have the
rights and obligations prescribed in Clause 4, Article 174 of this Law.
Article 184. Rights and
obligations of joint ventures using land through receipt of land use rights as
capital and wholly foreign-invested enterprises which are converted from joint
ventures
1. Joint ventures
between foreign organizations, foreign individuals or overseas Vietnamese and
economic organizations in which the economic organizations contribute land use
rights as capital, have the rights and obligations prescribed in Article 174 of
this Law in the following cases:
a) The land of which
land use rights are contributed by the economic organizations is land allocated
with land use levy or leased with full one-off rental payment for the entire
lease period by the State, and the paid amount of land use levy or land rental
does not originate from the state budget;
b) The land of which
land use rights is contributed by the economic organizations through
acquisition of land use rights is not the land leased by the State with annual
rental payment, and the paid amount for the acquisition of land use rights does
not originate from the state budget.
2. In case a state
enterprise leases land from the State before July 1, 2004, and is entitled to
contribute the value of land use rights as allocated from the state budget, not
as a recorded debt, and does not have to pay land rental in accordance with the
land law, as capital to establish a joint venture with a foreign organization
or individual, that joint venture has the rights and obligations prescribed in
Article 174 of this Law. The value of land use rights is considered the State’s
capital contributed to the joint venture.
3. In case an overseas
Vietnamese who is allocated land with land use levy or leased land with full
one-off rental payment for the entire lease period by the State contributes the
value of land use rights in the capacity as a domestic economic organization as
capital to a joint venture with a foreign organization or individual, that
joint venture has the rights and obligations prescribed in Article 174 of this
Law.
4. If a joint venture in
which the Vietnamese party contributes land use rights as capital is converted
into a wholly foreign-invested enterprise, it has the following rights and
obligations:
a) The rights and
obligations prescribed in Clause 2, Article 183 of this Law, for the case in
which the contributed land use rights are not used for implementing investment
projects on houses for sale and the wholly foreign-invested enterprise is
leased land by the State with annual rental payment under Clause 1, Article 56
of this Law;
b) The rights and
obligations prescribed in Clause 3, Article 183 of this Law, for the case in
which the contributed land use rights are not used for implementing investment
projects on houses for sale and the wholly foreign-invested enterprise is
leased land by the State with full one-off rental payment for the entire lease
period under Clause 1, Article 56 of this Law;
c) The rights and obligations
prescribed in Clause 3, Article 183 of this Law, for the case in which the
contributed land use rights are used for implementing projects on houses for
sale and the wholly foreign-invested enterprise is allocated land by the State
under Clause 3, Article 55 of this Law.
Article 185. Rights and
obligations of overseas Vietnamese and foreign-invested enterprises using land
in industrial parks, industrial clusters, export processing zones, hi-tech
zones or economic zones
1. Overseas Vietnamese
may acquire land use rights in
industrial parks, industrial clusters, export processing zones, hi-tech zones
or economic zones, and have the rights and obligations prescribed in Article
174 of this Law.
2. Overseas Vietnamese
or foreign-invested enterprises leasing or subleasing land in industrial parks,
industrial clusters, export processing zones, hi-tech zones or economic zones
have the following rights and obligations:
a) In case of making
full one-off rental payment for the land lease or sublease for the whole lease
or sublease period, they have the rights and obligations prescribed in Article
174 of this Law;
b) In case of making
annual rental payment, they have the rights and obligations prescribed in
Article 175 of this Law.
Article 186. Rights and
obligations involving land use of overseas Vietnamese who are eligible to own
houses in Vietnam; foreign individuals or overseas Vietnamese who are
ineligible to buy houses associated with land use rights in Vietnam
1. Overseas Vietnamese
who are entitled to own houses in accordance with the housing law are entitled
to own houses associated with residential land use rights in Vietnam.
2. Overseas Vietnamese
who are entitled to own houses associated with residential land use rights in
Vietnam have the following rights and obligations:
a) The general rights
and obligations prescribed in Article 166 and Article 170 of this Law;
b) To transfer land use
rights when selling, donating, bequeathing, exchanging houses with domestic
organizations or individuals, overseas Vietnamese who are eligible to own
houses for their own
living; to donate houses associated with residential land use rights to the
State, communities or donate houses of gratitude as prescribed at Point c,
Clause 2, Article 174 of this Law. In case of donating or bequeathing to people
who are ineligible to own houses in Vietnam, such people may only to receive
the value of houses associated with residential land use rights;
c) To mortgage houses
associated with residential land use rights at credit institutions which are
licensed to operate in Vietnam;
d) To lease, and
authorize the management of, houses when unused.
3. If all the heirs of
land use rights and ownership of houses and other land-attached assets are
foreigners or overseas Vietnamese who are ineligible to own houses in Vietnam
as prescribed in Clause 1 of this Article, the heirs shall not be granted the
certificate of land use rights and ownership of houses and other land-attached
assets but may transfer or donate the inherited land use rights in accordance
with the following provisions:
a) In case of
transferring land use rights, the heirs may act as the transfer or in the
contract of transfer of land use rights;
b) In case of donating
land use rights, the people to receive land use rights must be the subjects
specified at Point e, Clause 1, Article 179 of this Law and be eligible under
the housing law, in which the heir may act as the donor in the contract or
written document on donation commitment;
c) In case of not making
the transfer or donation of land use rights, the heir or his/her representative
with a lawful document on authorization, shall submit a dossier on the
inheritance to the land registration agency in order to update on the cadastral
book.
4. In case there is an
overseas Vietnamese who is ineligible to buy a house associated with
residential land use rights in Vietnam among the heirs while others are
eligible to inherit land use rights in accordance with the land law and the
inherited land use rights have not been divided, the heirs or their
representatives with lawful documents on authorization, shall submit dossiers
on the inheritance to the land registration agency in order to update on the
cadastral book.
Once the inheritance is
made, the certificates of land use rights and ownership of houses and other
land-attached assets are granted to those who are eligible for being granted
such certificate.
Regarding the overseas
Vietnamese who is ineligible to buy houses associated with residential land use
rights in Vietnam, his/her inherited part shall be dealt with in accordance
with Clause 3 of this Article.
5. In the cases
specified at Point c, Clause 3, and in Clause 4 of this Article, the heirs may
authorize in writing other persons to take care or use land temporarily and
perform the obligations in accordance with the land law and other relevant
laws.
Article 187. Rights and
obligations of overseas Vietnamese and foreign-invested enterprises leasing
land for construction of underground facilities
Overseas Vietnamese or
foreign-invested enterprises investing in the construction of underground
facilities and leasing land from the State have the following rights and
obligations:
1. In case of leasing
land with full one-off rental payment for the entire lease period, they have
the rights and obligations prescribed in Clauses 3 and 5, Article 183 of this
Law.
2. In case of leasing
land with annual rental payment, they have the rights and obligations
prescribed in Clauses 2 and 5, Article 183 of this Law.
Section 5. CONDITIONS
FOR THE EXERCISE OF RIGHTS OF LAND USERS
Article 188. Conditions
for the exercise of the rights to exchange, transfer, lease, sublease, inherit,
donate or mortgage land use rights; to contribute land use rights as capital
1. Land users may
exercise the rights to exchange, transfer, lease, sublease, inherit, donate or
mortgage land use rights and contribute land use rights as capital when meeting
the following conditions:
a) Having the
certificate, except the case prescribed in Clause 3, Article 186 and the case
of receiving inheritance prescribed in Clause 1, Article 168 of this Law;
b) The land is
dispute-free;
c) The land use rights
are not distrained to secure judgment enforcement;
d) Within the land use
term.
2. In addition to the
conditions specified in Clause 1 of this Article, when exercising the rights to
exchange, transfer, lease, sublease, inherit, donate or mortgage land use
rights and contribute land use rights as capital, land users must also be
eligible under Articles 189, 190, 191, 192, 193 and 194 of this Law.
3. The exchange,
transfer, lease, sublease, inheritance, donation or mortgage of land use rights
or contribution of land use rights as capital must be registered with the land
registration agency and will take effect from the time of registration in the
cadastral book.
Article 189. Conditions
for selling and buying assets attached to land which is leased by the State
with annual rental payment
1. Economic
organizations, households, individuals, overseas Vietnamese and foreign-
invested enterprises may sell assets attached to leased land when fully meeting
die following conditions:
a) The assets attached
to leased land are legally established in accordance with law;
b) The construction has
been completed in accordance with the detailed construction master plan and
approved investment project.
2. The buyer of assets
attached to leased land must ensure the following conditions:
a) Having financial
capacity to implement investment projects;
b) Having business lines
relevant to investment projects;
c) Not violating the
land law when being allocated or leased land from the State to implement the
previous projects.
3. The buyers of assets
may continue leasing land from the State within the remaining land use term
according to specific land price and for the purposes determined in the project
documents.
4. The case of leasing
land to implement projects on construction and commercial operation of
infrastructure is prescribed in Article 194 of this Law.
Article 190. Conditions
for exchanging agricultural land use rights
Households and
individuals using agricultural land which is allocated by the State or obtained
through exchange, acquisition of land use rights, inheritance, donation of
lawful land use rights from other land users, may only exchange these
agricultural land use rights to other households and individuals in the same
commune, ward or township to facilitate agricultural production, and do not
have to pay income tax incurred from the exchange of land use rights and
registration fee.
Article 191. Cases in
which acquisition or donation of land use rights is not allowed
1. Organizations,
households, individuals, communities, religious establishments, overseas
Vietnamese and foreign-invested enterprises may not receive transfer or
donation of land use rights in case the transfer or donation of land use rights
is prohibited by law.
2. Economic
organizations may not acquừe the
rights to use paddy land, protective forest land or special-use forest land
from households or individuals, except the case of change in land use purpose
in accordance with the master plans, plans on land use approved by competent
state agencies.
3. Households and
individuals not directly engaged in agricultural production may not receive the
transfer or donation of paddy land use rights.
4. Households and
individuals may not receive the transfer or donation of residential land use
rights and agricultural land use rights with regard to the land located in the
areas of protective forests, strictly protected zones and ecological
rehabilitation zones in special-use forests if they do not live in such
protective forests or special-use forests.
Article 192. Cases in
which households and individuals may transfer or donate land use rights under
certain conditions
1. Households and
individuals living in the strictly protected zones or ecological rehabilitation
zones in special-use forests and are not able to move out of these areas may
only transfer or donate the rights to use residential land or forest land in
combination with agricultural, forestry and aquaculture production purposes to
households and individuals living in these areas.
2. Households and
individuals that are allocated residential land or agricultural land in
protective forests by the State may only transfer or donate the rights to use
residential or agricultural land to households and individuals living in these
areas.
3. Households and
individuals of ethnic minorities using allocated land under the support
policies of the State may transfer or donate land use rights after 10 years
from the date of issuance of the decisions on land allocation in accordance
with the Government’s regulations.
Article 193. Conditions
for receiving the transfer or contribution as capital of, or leasing,
agricultural land use rights to carry out investment projects on
non-agricultural production and business
Economic organizations,
households and individuals may receive the transfer or contribution as capital
of, or lease, agricultural land use rights to carry out investment projects on
non-agricultural production and business when fully meeting the following
conditions:
1. Economic
organizations may receive the transfer or contribution as capital of, or lease,
agricultural land use rights to carry out investment projects upon receiving
written approval from a competent state agency.
2. The use purpose for
the land area of which land use rights are acquired, contributed as capital or
leased must be consistent with the master plans, plans on land use approved by
competent state agencies.
3. For land used
exclusively for wet rice cultivation, the provisions of Clause 3, Article 134
of this Law shall apply.
Article 194. Conditions
for transferring land use rights in implementation of investment projects on
construction of and trading in houses; investment projects on construction of
infrastructure for transfer of lease
1. The transfer of land
use rights in investment projects on construction of and trading in houses must
be conducted in accordance with the following provisions:
a) The provincial-level
People’s Committee may, based on the Government’s regulations on conditions and
types of urban centers, permit investors of projects on construction of and
trading in houses to transfer land use rights in the form of dividing land
parcels upon completion of the infrastructure construction and fulfillment of
financial obligations involving land;
b) For investment
projects on construction of and trading in houses, the transfer of land use
rights together with the transfer of the whole or part of the project may be
conducted upon receipt of the certificate. Those who acquire land use rights
shall implement investment projects in accordance with the approved schedule.
2. The transfer of land
use rights together with the transfer of the whole project on construction of
infrastructure for transfer or lease must meet the following conditions:
a) Satisfaction of all
conditions specified in Clause 1, Article 188 of this Law;
b) The technical
infrastructure facilities must be completely constructed in accordance with the
schedule stated in the approved project document.
3. The Government shall
detail this Article.
Chapter 12.
LAND-RELATED
ADMINISTRATIVE PROCEDURES
Article 195.
Land-related administrative procedures
1. Land-related
administrative procedures include:
a) Procedures for land
recovery, land allocation, land lease, and change of land use purpose;
b) Procedures for
registration of land and land-attached assets and grant of the certificate of
land use rights and ownership of houses and other land-attached assets;
c) Procedures for
renewal, re-grant, correction or withdrawal of the certificate, the certificate
of house ownership or the certificate of construction work ownership;
d) Procedures for
exercising the rights of land users;
dd)
Procedures for enforcing decisions on compulsory inventory and
enforcing the implementation of land recovery decisions;
e) Procedures for
conciliation and settlement of land disputes at administrative agencies;
g) Procedures for
sanction of administrative violations in the field of land.
2. The Government shall
detail this Article.
Article 196. Publicity
of land-related administrative procedures
1. Contents of
administrative procedures that need to be publicized include:
a) State agencies which
have competence to receive dossiers and return results;
b) Time for handling
each of the administrative procedures;
c) Documents in the
dossier for each of the administrative procedures;
d) The process and
responsibilities for settling each of the administrative procedures;
e) Financial
obligations, charges and fees payable for each of the administrative
procedures.
5. The publicity of
contents prescribed in Clause 1 of this Article must be conducted by regular
posting at the offices of the agencies where the dossiers are received and the
results are returned; and posting on the website of the national database on
administrative procedures and websites of provincial and district-level
People’s Committees.
Article 197.
Implementation of land-related administrative procedures
1. Ministries and
agencies shall, according to their functions, tasks and powers, coordinate in
the direction, guidance and examination of the implementation of land-related
administrative procedures to ensure consistency of the land-related
administrative procedures with other related administrative procedures.
2. People’s Committees
at all levels shall direct, guide, examine and implement administrative
procedures in the localities and issue regulations on the coordination among
relevant local agencies in settling land-related administrative procedures and
other related administrative procedures.
3. Agencies having
competence to settle land-related administrative procedures shall follow the
prescribed order and procedures.
4. Land users and other
related people shall fully follow the land-related administrative order and
procedures and fulfill financial obligations as prescribed by law.
Chapter 13.
SUPERVISION, INSPECTION,
SETTLEMENT OF DISPUTES, COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS OF
LAND LAW
Section 1. SUPERVISION,
MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE
Article 198. Oversight
by the National Assembly, People’s Councils at all levels, Vietnam Fatherland
Front and its member organizations of the land management and use
1. The National Assembly
and People’s Councils at all levels shall exercise the power to supervise the
land management and use in accordance with the Constitution and the Law on
Oversight Activities of the National Assembly and the Law on Organization of
the People’s Councils and People’s Committees.
2. The Vietnam
Fatherland Front and its member organizations shall exercise the power to
supervise the land management and use in accordance with the Constitution, the
Law on the Vietnam Fatherland Front and other relevant laws.
Article 199. Supervision
by citizens of land management and use
1. Citizens have the
right to supervise and report on wrongdoings and violations in the land
management and use by themselves or through representative organizations.
2. The supervision and
reporting must ensure objectivity, honesty and lawfulness. Citizens may not
abuse the right to supervise and report to lodge complaints and denunciations
illegally or negatively affect social order. Citizens shall take responsibility
before law for the accuracy of the information they have reported.
3. The contents of
supervision of the land management and use by citizens include:
a) Formulation,
adjustment, publicization and implementation of master plans and plans on land
use;
b) Land allocation, land
lease, and permission for change of land use purpose;
c) Land recovery,
compensation, support and resettlement;
d) Registration of land
and land-attached assets, and grant of the certificate of land use rights and
ownership of houses and other land-attached assets;
e) Collection of, exemption
from, or reduction of, land use levy, land rental and land-related taxes, and
land valuation;
f) Implementation of
administrative procedures involving the rights and obligations of land users.
4. The methods of
supervision of the land management and use by citizens include:
a) Directly exercising
the right to supervision through reporting and sending petitions to agencies or
persons with settling competence;
b) Sending petitions to
the lawful representative organizations for these organizations to conduct the
supervision.
5. Responsibilities of
competent state agencies upon receiving opinions from citizens and
representative organizations:
a) To examine, settle
and respond to the opinions in writing according to their competence;
b) To forward the petitions
to competent state agencies for settlement, for cases falling beyond their
competence;
c) To notify the results
to the reporting organizations or individuals.
Article 200. System of
monitoring and evaluation of the land management and use
1. The system of
monitoring and evaluation of the land management and use shall be used to
evaluate the implementation of the land law, the efficiency of land management
and use, and the impacts of land policy and law on the economy, society and
environment on both national and local scales.
2. The system of
monitoring and evaluation of the land management and use shall be developed
based on the land information system and the collection of other information
during the implementation of the land law throughout the country, including:
a) Information on master
plans, plans on land use, land statistics and inventories, land prices and land
taxes; land allocation, land lease, land recovery, permission for change of
land use purpose, grant of the certificate of land use rights and ownership of
houses and other land-attached assets; implementation of investment projects
using land; observance of the land law; examination, inspection and handling of
land-related violations of administrative agencies;
b) Information on the
settlement of disputes and lawsuits over land;
c) Information from the
supervision process of the land law implementation of the National Assembly,
People’s Councils at all levels, Vietnam Fatherland Front and its member
organizations, other related organizations and people;
d) Necessary information
which needs to be collected by technology solutions including aerial
photography from satellites, aircraft and other flying craft, field surveys and
other Technical equipment;
dd)
Necessary information from the sociological survey data on land
management and use which is obtained from different researches, investigations,
surveys and performance of additional sociological investigations when
necessary.
3. The agency in charge
of natural resources and environment shall manage the monitoring and evaluation
system, conduct evaluation of the land law implementation, the efficiency in
the land management and use and the impacts of land policy and law on the
economy, society and environment on both national and local levels. The
evaluation results shall be sent periodically to the Government and the
National Assembly.
4. The state agency
which archives the information specified in Clause 2 of this Article shall
provide information sufficiently, accurately and timely to the agency managing
the monitoring and evaluation system. The agency in charge of natural resources
and environment shall update the information in the monitoring and evaluation
system into the land information system.
5. The monitoring and
evaluation system on the land management and use shall be made public for
information search by organizations and individuals in accordance with law.
6. The Government shall
prescribe in detail the creation and operation of the monitoring and evaluation
system on land management and use.
Section 2. INSPECTION,
SETTLEMENT OF DISPUTES, COMPLAINTS AND DENUNCIATIONS AND TREATMENT OF
VIOLATIONS OF LAND LAW
Article 201. Specialized
land inspection
1. Specialized land
inspection means inspection activities earned out by competent state agencies
toward agencies, organizations and individuals regarding their observance of
the land law and professional, technical and management regulations in the
field of land.
The Ministry of Natural
Resources and Environment shall direct and organize the implementation of
specialized land inspection throughout the country.
Local land management
agencies shall organize specialized land inspections in localities.
2. The specialized land
inspection includes the following contents:
a) Inspection of the
observance of the land law by People’s Committees at all levels;
b) Inspection of the
observance of the land law by land users and other related organizations and
individuals;
c) Inspection of the
observance of professional and technical regulations in the field of land.
3. Specialized land
inspectors have the following tasks:
a) To inspect the
observance of the land law by state agencies and land users in land management
and use;
b) To detect, prevent
and handle violations of the land law according to their competence or propose
the settlement of violations to competent state agencies.
4. The powers and
obligations of leaders of inspection teams, inspectors, civil servants
performing specialized land inspection, and the procedures for specialized land
inspection comply with the inspection law.
Article
202. Conciliation of land disputes
1.
The State shall encourage the disputing parties to conciliate themselves or
have theừ land disputes settled
through grassroots conciliation.
2.
In case the self-reconciliation fails, the parties may send a petition to the
commune-level People’s Committee of the locality where the disputed land is
located, for reconciliation.
3.
Commune-level People’s Committee chairpersons shall organize conciliation of
land disputes in their localities. In the process of conciliation, they shall
coordinate with the commune-level Vietnam Fatherland Front Committee and its
member organizations and other social organizations. The conciliation
procedures carried out at the commune-level People’s Committees shall be
completed within 45 days from the date the commune-level People’s Committees
receive a petition for settlement of land dispute.
4.
The conciliation process must be recorded in a written record with signatures
of all parties and certified by the commune-level People’s Committee on the
result, either a successful or unsuccessful conciliation. The conciliation
minutes shall then be sent to the involved parties and archived at the
commune-level People’s Committee concerned.
5.
In case of successful conciliation which results in changes in the boundaries
or land users, the commune-level People’s Committee shall send the conciliation
minutes to the district-level Division of Natural Resources and Environment, for land disputes
among households, individuals and communities, or to the provincial-level
Department of Natural Resources and Environment, for other land disputes.
The
district-level Division of Natural Resources and Environment or the
provincial-level Department of Natural Resources and Environment shall submit
the case to the People’s Committee of the same level for decision on
recognizing the change in boundaries or renewing the certificate of land use
rights, houses and other land-related assets ownership.
Article 203.
Competence to settle land disputes
If
the conciliation at a commune-level People’s Committee fails, a land dispute
shall be settled as follows:
1.
The land dispute in which the concerned party possesses a certificate or any of
the papers prescribed in Article 100 of this Law and the dispute over
land-attached assets shall be settled by the People’s Court;
2.
For the land dispute in which the concerned party does not possess a
certificate or any of the papers prescribed in Article 100 of this Law, the
parties may choose between the following two options of settlement:
a)
Filing a written request for dispute settlement with a competent People’s
Committee as prescribed in Clause 3 of this Article;
b)
Filing a lawsuit with a competent People’s Court in accordance with the law on
civil procedures;
3.
In case the concerned parties choose the option of settlement at a competent
People’s Committee, the settlement is as follows:
a)
In case the dispute occurs among households, individuals and communities, the
chairperson of the district-level People Committee is responsible for the
settlement. If the concerned parties disagree with the settlement decision,
they are entitled to lodge a complaint with the chairperson of the
provincial-level People’s Committee or to file a lawsuit at a People’s Court in
accordance with the law on administrative procedures;
b)
In case the dispute involves one party being an organization, a religious
establishment, an overseas Vietnamese or a foreign-invested enterprise, the
chairperson of the provincial-level People’s Committee is responsible for the
settlement. If the concerned parties disagree with the settlement decision,
they are entitled to lodge a complaint with the Minister of Natural Resources
and Environment or to file a
lawsuit with a People’s Court in accordance with the law on administrative
procedures;
4.
The person having competence to settle the land dispute as prescribed in Clause
3 of this Article shall issue a settlement decision. The legally effective
decision on dispute settlement must be strictly abided by the concerned
parties. If the parties fail to comply, the decision shall be enforced.
Article 204. Settlement
of complaints and lawsuits involving land
1. Land users and people
who have land use-related rights and obligations are entitled to lodge
complaints about, or file lawsuits against, administrative decisions or
administrative acts in land management.
2. The order and
procedures for settling complaints about administrative decisions or
administrative acts involving land comply with the law on complaints. The order
and procedures for settling lawsuits against administrative decisions or
administrative acts involving land comply with the law on administrative
procedures.
Article 205. Settlement
of denunciations about land
1. Individuals are
entitled to denounce violations of the law on land management and use.
2. The settlement of
denunciations about violations of the law on land management and use shall
comply with the law on denunciations.
Article 206. Handling of
violators of land law
1. Violators of the land
law shall, depending on the nature and seriousness of their violations, be
administratively sanctioned or examined for penal liability in accordance with
law.
2. Those who commit
violations of the land law which cause damage to the State or other people,
shall be handled in accordance with law and pay compensation for the actual
damage caused to the State or to other people.
Article 207. Handling of
persons who commit violations of land law while on duty in the field of land
1. Those who commit
violations of the land law while on duty shall, depending on the nature and
seriousness of their violations, be disciplined or examined for penal liability
in accordance with law for the following violations:
a) Abusing positions and
powers to commit illegal acts in land allocation, land lease, change of land
use purpose, land recovery, compensation, support, resettlement, transfer of
land use rights, implementation of master plans and plans on land use,
determination of financial obligations involving land, management of cadastral
records, or issuance of administrative decisions in land management;
b) Lacking
responsibility in management which lets violations of land law occur, or
committing other acts which cause damage to land resources or the rights and
obligations of land users;
c) Violating regulations
on consultation, publicization and publicity of information; violating
regulations on administrative order and procedures; violating reporting
regulations in land management.
2. The Government shall
detail this Article.
Article 208.
Responsibilities of chairpersons of People’s Committees at all levels in
detecting, preventing and handling violations of law on land management and use
1. Chairpersons of the
People’s Committees at all levels shall detect, prevent and promptly handle
violations of the law on land management and use in localities.
2. Chairpersons of
commune-level People’s Committees shall detect, prevent and promptly handle the
illegal transfer of land use rights and change of land use purpose; detect,
prevent and promptly handle the construction of facilities on encroached land,
occupied land or the land used for improper purposes in their localities, and
force the violators to restore the land to the conditions as before the violation
was committed.
Article 209. Receipt and
handling of responsibility of heads, civil servants or public employees working
at land management agencies at all levels and commune-level cadastral civil
servants who violate the order of carrying out administrative procedures
1. Organizations or
individuals that detect civil servants or public employees of the land
management agencies at all levels or commune-level cadastral civil servants
violating regulations on the order and procedures and terms for land allocation,
land lease, permission for change of land use purpose, land recovery,
performance of procedures for exercising the rights of land users, or grant of
the certificate, may send a petition to the following competent persons:
a) For violations
committed by commune-level cadastral civil servants, the petition shall be sent
to the chairperson of the commune-level People’s Committee;
b) For violations
committed by civil servants or public employees working at a land
administration agency, the petition shall be sent to the director of the land
administration agency concerned;
c) For violations
committed by the director of a land administration agency, the petition shall
be sent to the chairperson of the People’s Committee of the same level.
2. Within 30 days after
receiving a petition, the chairperson of the People’s Committee or the head of
the land administration agency prescribed in Clause 1 of this Article shall
consider and settle the petition and notify the result to the petitioner.
Chapter 14.
IMPLEMENTATION
PROVISIONS
Article 210.
Transitional provisions
1. For
those that leased land from the State before July 1, 2004, and have paid land
rental for the entire lease period or prepaid land rental for many years while
the land lease period for which the land rental is already paid remains 5 years
or more, economic organizations have the rights and obligations prescribed in
Article 174 of this Law, while households and individuals have the rights and
obligations prescribed in Clause 1, Article 179 of this Law.
2. If an investor
leasing land from the State with annual rental payment for construction and
commercial operation of infrastructure of industrial parks, industrial clusters
or export processing zones has subleased out the land together with
infrastructure in the form of full one-off rental payment for the entire lease
period prior to the effective date of this Law, the investor shall pay the land
rental to the State in accordance with the Government's regulations. Those who
sublease the land have the same rights and obligations as leasing land with
full one-off rental payment for the entire lease period from the State after
the investor has paid the whole land rental to the state budget.
3. Households and
individuals that are directly engaged in agricultural production and have been
allocated or recognized land use rights or acquired agricultural land use
rights prior to the effective date of this Law, if still having demand at the
expiry of the land use term, may use the land within the term prescribed in
Clause 1, Article 126 of this Law. The land use term shall be counted from
October 15, 2013, for cases in which the land use term expires on October 15,
2013, in accordance with the 2003 Land Law; and from the expiry date of the
land allocation term, for cases in which the land use term expires after
October 15, 2013.
4. For households and
individuals that use agricultural land prior to the effective date of this Law
and have not been granted the certificate, the land use term upon the grant of
the Certificate shall be counted from the effective date of this Law.
5. For the land
allocated by the State to economic organizations to create capital for
infrastructure construction within a project, or the land obtained through the
winning at auctions of land use rights before July 1, 2004, and used by the
economic organizations with no determined land use term, the land use term will
comply with the Government’s regulations.
6. The provisions of
this Law do not apply to the projects or facilities for which the compensation,
support and resettlement have been conducted prior to the effective date of
this Law. In case the plan for compensation, support and resettlement for the
project or facilities has been approved or the compensation, support and
resettlement are being conducted in accordance with the plan approved before
the effective date of this Law, the compensation, support and resettlement must
still be conducted in accordance with the approved plan, not in accordance with
this Law.
7. Regarding cases of
land allocation, land lease, change of land use purpose or recognition of land
use rights which have been implemented before the effective date of this Law
and the land users have not fulfilled their financial obligations, the time for
calculation of land use levy or land rental shall comply with the Government’s
regulations.
8. Households and
individuals using agricultural land areas allocated in excess of the land use
quotas before the effective date of this Law, shall change to lease land in
accordance with this Law.
9. The Government shall
prescribe the handling of specific cases in which the land is used in
contravention of the land law and the cases guaranteed by land use rights
before the effective date of this Law.
Article 211. Effect
1. This Law takes effect
on July 01, 2014.
Land Law No.
13/2003/QH11 and Resolution No. 49/2013/QH13 of June 21, 2013, of the National
Assembly on extension of the land use term for annual crops, aquaculture or
salt production of households and individuals cease to be effective on the
effective date of this Law.
2. Article 57 of Law No.
66/2006/QH11 on Vietnam Civil Aviation, Article 2 of Law No. 34/2009/QH12 Amending
and Supplementing Article 126 of the Law on Housing and Article 121 of the Land
Law, Article 4 of Law No. 38/2009/QH12 Amending and Supplementing a Number of
Articles of Laws Concerning Capital Construction Investment, Article 264 of Law
No. 64/2010/QH12 on Administrative Procedures, and the provisions on land
requisition in Law No. 15/2008/QH12
on Compulsory Purchase and Requisition of Property, are hereby annulled.
Article 212. Detailing
provision
The Government shall
detail the articles and clauses as assigned in this Law.
This Law was passed on
November 29, 2013, by the XIIIth National Assembly of the Socialist
Republic of Vietnam at its 6th session.
CHAIRMAN OF
THE NATIONAL ASSEMBLY
Nguyen Sinh Hung
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