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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
LAW ON LAND
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates the Land Law.
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of
regulation
This Law prescribes the regime
of land ownership, powers and responsibilities of the
State in representing the entire-people owner of land and uniformly managing land, the regime of land management and use, the rights and obligations of
land users involving land in the territory of the Socialist Republic of Vietnam.
Article 2. Subjects of
application
1. State agencies that
exercise the powers and perform the responsibilities of the representative of
the entire-people owner of land, and perform the tasks of unified state
management over land.
2. The land users.
3. Other subjects
involving land management and or use.
Article 3.
Interpretation of terms
In this Law, the
following terms are construed as follows:
1. Land parcel means a
land area delimited by boundaries determined on the field or described in
dossiers.
2. Master plan on land
use means the distribution and zoning of land by use space in serve of the
objectives of socio-economic development, national defense, security,
environmental protection and climate change adaptation based on the land
potential and land use demands of all sectors and fields, for each
socio-economic region and administrative unit in a defined period of time.
3. Land use plan means
the division of a master plan on land use according to periods of time for
implementation during the period of the master plan on land use.
4. Cadastral map is a
map that shows the land parcels and related geographic elements, and is made
according to administrative units of communes, wards or townships, and
certified by a competent state agency.
5. Land use status quo
map is a map that demonstrates the distribution of various types of land at a
specified time, and is made according to each administrative unit.
6. Land use-planning map
is a map made at the beginning of a planning period, which demonstrates the
distribution of various types of land at the end of that planning period.
7. The State allocates
land use rights (below referred to as the State allocates land) means that the
State issues decisions on land allocation to hand land use rights to subjects
having land use demand.
8. The State leases land
use rights (below referred to as the State leases land) means that the State
decides to hand land use rights to subjects having land use demand under
contracts on land use right lease.
9. The State recognizes
land use right means that the State hands land use right to a person that is
using stably the land not allocated or leased by the State, through the grant
of a certificate of land use right, ownership of houses and other land-attached
assets for the first time, for a certain land parcel.
10. Transfer of land use
rights means the transfer of land use rights from one person to another by ways
of exchange, transfer, inheritance or donation of land use rights, or capital
contribution with land use rights.
11. The State recovers
land means the State decides to recover land use rights from a person that is
allocated land use rights by the State, or from a land user that violates the
land law.
12. Land compensation
means the State returns the value of land use rights for the recovered land
area to land users.
13. Remaining land
investment costs include costs for ground fill-up and leveling and other
directly related costs that can be proved to have been invested in land and
have not been retrieved by the time the State recovers the land.
14. Support upon land
recovery by the State means the State provides assistance to persons having land
recovered, in order to stabilize their livelihood,
production and development.
15. Registration of
land, houses and other land-attached assets means the declaration and
acknowledgement of the legal status of land use rights, ownership of houses and
other land-attached assets, and the land management right over a certain land
parcel, in the cadastral records.
16. Certificate of land
use rights and ownership of houses and other land-attached assets is a legal
certificate in which the State certifies the lawful land use rights and
ownership of houses and land-attached assets of the person who has land use
rights and ownership of houses and land-attached assets.
17. Land statistics
means that the State, based on the cadastral records, sums up and
evaluates the land use status at the time of making
statistics, and the land-related changes between two statistical times.
18. Land inventory means
that the State, based on the cadastral records and on the field, investigates, sums up and
evaluates the land use status at the time of
conducting inventory, and the land-related changes between two inventory times.
19. Land price means the
value of land use rights calculated per unit of land area.
20. Value of land use
rights means the monetary value of land use rights over a specified land area
in a specified land use term.
21. Land use levy means
an amount of money that a land user shall pay to the State when being allocated
land with the
collection of land use levy by the State, permitted
to change the land use purpose, or having land use rights recognized by the
State.
22. Land information
system means the system consisting of information technology technical
infrastructure, software, data and processes and procedures which are developed
to collect, store, update, process, analyze, synthesize and track land
information.
23. Land database means
a collection of land data that are arranged and organized to serve the access
to, use, management and update by electronic devices.
24. Land dispute means a
dispute over the rights and obligations of land users among two or more parties
in a land relationship.
25. Land destruction
means acts of topographically deforming land, reducing land quality, polluting
the land, causing
the loss or reduction of the land usability according
to a determined purpose.
26. Public non-business
unit means an organization established by a competent state agency or by a
political organization or a socio-political organization, having the
function of carrying out public services in
accordance with law.
27. Economic
organizations include enterprises, cooperatives or other economic organizations
as prescribed by the civil law, excluding foreign-invested enterprises.
28. Land for
construction of underground facilities means a land area used for construction
of underground facilities that are not parts of works constructed on the
ground.
29. Land-using household
means those who share a marital, family or foster relationship as prescribed by
the marriage and family law, are living together and have joint land use rights
at the time of being allocated land or leased land, or having land use rights
recognized by the State; or receiving transfer of land use rights.
30. Household or
individual directly engaged in agricultural production means a household or an
individual that has been allocated, leased agricultural land, or having
agricultural land use rights recognized by the State; or has received transfer
of agricultural land use rights, and generates stable income from agricultural
production on that land.
Article 4. Land
ownership
Land belongs to the
entire people with the State acting as the owner’s representative and uniformly
managing land. The State shall hand over land use rights to land users in
accordance with this Law.
Article 5. Land users
Land users may be
allocated land or leased land, have land use rights recognized by the State, or
receive transfer of land use rights in accordance with this Law, including:
1. Domestic
organizations, including state agencies, people’s armed forces units, political
organizations, socio-political organizations, economic organizations,
socio-politico-professional organizations, social organizations,
socio-professional organizations, public non-business organizations, and other
organizations as prescribed by the civil law (below referred collectively to as
organizations);
2. Domestic households
and individuals (below referred collectively to as households and individuals).
3. Communities,
including Vietnamese communities residing in the same village, street quarter
or similar residential area sharing the same customs and practices or the same
family line.
4. Religious establishments, including pagodas, churches, oratories, shrines,
monasteries, abbeys, religious schools, head offices of religious
organizations, and other religious establishments.
5. Foreign organizations
with diplomatic functions, including diplomatic representative missions,
consulates, other foreign representative agencies with diplomatic functions
recognized by the Vietnamese Government, representative missions of
organizations of the United Nations, inter-governmental agencies or
organizations, and representative missions of inter-governmental organizations.
6. Overseas Vietnamese
as prescribed by the nationality law.
7. Foreign-invested
enterprises, including 100% foreign-invested enterprises, joint-venture
enterprises, Vietnamese enterprises in which foreign investors purchase shares,
merge or acquire in accordance with investment law.
Article 6. Land use
principles
1. Compliance with
master plan and plans on land use, and use for proper purposes.
2. Economy,
effectiveness, environmental protection, and causing no harm to the legitimate
interests of adjacent land users.
3. Land users may
exercise their rights and perform their obligations within the land use term in
accordance with this Law and other relevant laws.
Article 7. Persons
taking responsibility before the State for land use
1. Heads of
organizations, foreign organizations with diplomatic functions, or foreign- invested
enterprises, shall take responsibilities for the land use by their
organizations.
2. The chairpersons of
the People’s Committee of communes, wards or townships shall take
responsibilities for the use of agricultural land for public purposes; the use
of non-agricultural land which is allocated to the People’s Committees of
communes, wards or townships (below referred to as commune-level People’s
Committees) for the purpose of construction of the People’s Committee offices,
public facilities in serve of culture, education, health, physical training and
sports, entertainment, recreation, markets, cemeteries, graveyards and other
public facilities in the locality.
3. The representatives
of resident community, who are the heads of villages or street quarters, or the
persons appointed under agreement of resident community, shall be responsible
for the use of the allocated or recognized land of the community.
4. Heads of religious
establishments shall be responsible for the use of land allocated to the religious
establishments.
5. Heads of households
shall be responsible for the land use by the households.
6. Individuals and
overseas Vietnamese shall be responsible for their land use.
7. The persons who
shares, or represents a group sharing, land use rights, shall be responsible
for the use of that land.
Article 8. Persons who
are assigned management over land for which they shall be responsible before
state
1. Heads of
organizations shall be responsible for land management in the following cases:
a) Organizations
assigned to manage public facilities, including roads, bridges, culverts,
sidewalks, water supply and drainage systems, irrigation systems, dikes and
dams; squares, statues and monuments, and memorial stela;
b) Economic
organizations assigned to manage land used for investment projects in the form
of build- transfer (BT) and other forms prescribed by the investment law;
c) Organizations
assigned to manage land with water surface of rivers and land with special- use
water surface;
d) Organizations assigned
to manage the land fund recovered under decisions of competent state agencies.
2. The chairpersons of
commune-level People’s Committees shall be responsible for the management over
land used for public purposes which they are assigned to manage and land that
has not been allocated or leased in the locality.
3. The chairpersons of
People’s Committees of provinces or centrally run cites shall be responsible
for the management of unused land on uninhabited islands in their localities.
4. The representatives
of resident community shall be responsible for land allocated to the resident
community for management.
Article 9. Encouragement
of investment in land
The State shall
promulgate policies to encourage land users to invest labor, materials and
capital in, and apply scientific and technological achievements to, the
following activities:
1. Land protection,
improvement and fertilization.
2. Reclamation of waste
and unused land, seaward encroachment, use of empty land, bare hills and unused
land with water surface in accordance with master plans, plans on land use.
3. Development of
infrastructure to increase land value.
Article 10. Land
classification
Depending on use
purpose, land is classified into the following types:
1. Agricultural land,
including:
a) Land for cultivation
of annual crops, including paddy land and land for cultivation of other annual
crops;
b) Land
for cultivation of perennial trees;
c) Production forest
land;
d) Protective forest
land;
e) Special-use forest
land;
f) Aquaculture land;
g) Salt-production land;
h) Other agricultural
land, including land used to build greenhouses and other building types for
cultivation purpose, including fanning not directly on the land, or to build
breeding facilities for cattle, poultry and other animals as permitted by law;
land for cultivation, breeding and aquaculture for the purpose of learning,
research or experimentation; land for planting and nursing seedlings and
breeders, and land for growing flowers and ornamental plants.
2. Non-agricultural
land, including:
a) Residential land,
including rural residential land and urban residential land;
b) Land for construction
of offices;
c) Land for national
defense or security purpose;
d) Land for construction
of non-business facilities, including land for construction of offices of
non-business organizations; land for construction of cultural, social, health,
education and training, physical training and sports, science and technology,
and diplomatic facilities and other non-business facilities;
e) Land for non-agricultural
production and business, including land for industrial parks, industrial
clusters, export processing zones; land for trading and service; land of
non-agricultural production establishments; land used for mining activities;
and land for production of building materials, and pottery;
f) Land used for public
purposes, including land used for transport (including airports, airfields,
inland waterway ports, maritime ports, rail system, road system and other
transport facilities); irrigation; land with historical-cultural relics or
scenic spots; land for community activities or public entertainment and
recreation; land for energy facilities; land for post and telecommunications
facilities; land for markets; land for waste dumping and treatment, and land
for other public facilities;
g) Land used by
religious establishments;
h) Land used for
cemeteries, graveyards, funeral service centers and cremation centers;
i) Land with rivers,
streams, canals, springs and special-use water surface;
k) Other
non-agricultural land,
including land for motels, tents and camps for workers in production
establishments; land for construction of warehouses and houses to store
agricultural products, plant protection drugs, fertilizers, machinery and tools
for agricultural use, and land for other buildings of land users which are used
for non-commercial purposes and not attached to residential land.
3. Unused land,
including land of types for which land use purposes have not been determined
yet.
Article 11. Bases for
determining land types
The determination of a
land type must be based on the following grounds:
1. The certificate of
land use rights, or certificate of house ownership and residential land use
rights which is granted before December 10, 2009; and the certificate of land
use rights and ownership of houses and other land-attached assets;
2. Papers on land use
rights prescribed in Clauses 1, 2 and 3, Article 100 of this Law, for the cases
in which the certificates mentioned in Clause 1 of this Article have not yet
been granted.
3. Decisions on land
allocation, land lease or permission for change of land use purpose issued by
competent state agencies, for the cases in which the certificates mentioned in
Clause 1 of this Article have not yet been granted.
4. For the cases in
which papers prescribed in Clauses 1, 2 and 3 of this Article are not
available, the determination of land type must comply with the Government’s
regulations.
Article 12. Strictly
prohibited acts
1. Encroaching,
occupying or destroying land.
2. Violating publicized
master plans and plans on land use.
3. Failing to use land,
or using land for improper purposes.
4. Failing to comply
with law when exercising the rights of land users.
5. Receiving transfer of
agricultural land use rights exceeding the quota set for households and
individuals as prescribed by this Law.
6. Using land,
exercising land transactions without registration with competent state
agencies.
7. Failing to perform or
fully performing financial obligations toward the State.
8. Abusing positions and
powers to act against land management regulations.
9. Failing to provide
land information or providing incorrect land information as prescribed by law.
10. Obstructing, or
causing difficulties to, the exercise of the rights of land users as prescribed
by law.
Chapter 2.
RIGHTS AND DUTIES OF THE
STATE INVOLVING LAND
SECTION 1. RIGHTS OF THE
STATE INVOLVING LAND
Article 13. Rights of
the representative of the land owner
1. To decide on master
plans, plans on land use.
2. To decide on land use
purposes.
3. To prescribe land use
quotas and land use terms.
4. To decide on land
recovery and land requisition.
5. To decide on land
prices.
6. To decide on
hand-over of land use rights to land users.
7. To decide on
financial policies on land.
8. To prescribe the
rights and obligations of land users.
Article 14. The State
shall decide on land use purposes
The State shall decide
on land use purposes through master plans and plans on land use, and permit the
change of land use purposes.
Article 15. The State shall
prescribe land use quotas and land use terms
1. The State shall
prescribe land use quotas, including allocation quotas for agricultural land,
allocation quotas for residential land, recognition quotas for recognition of
residential land use rights, and quotas for receiving transfer of agricultural
land use rights.
2. The State shall
prescribe land use terms in the following forms:
a) Long-term
and stable use;
b) Definite-term
use.
Article 16. The State
shall decide on land recovery or requisition
1. The State shall
decide to recover land in the following cases:
a) For the purpose of
national defense or security; socio-economic development for the national or
public interest;
b) Land recovery due to
violations of the land law;
c) Land recovery due to
termination of land use in accordance with law, voluntary return of land, or
the risk of threatening human life.
4. The State shall
decide to requisition land in case of extreme necessity to perform national
defense and security tasks, or in cases of war or emergency circumstances, or
to prevent and combat natural disasters.
Article 17. The State
shall allocate land use rights to land users
The State shall allocate
land use rights to land users in the following forms:
1. Decision on
allocation of land without the collection of land use levy, and allocation of
land with the collection of land use levy.
2. Decision on lease of
land with annual rental payment, and lease of land with one-off rental payment
for the entire lease period.
3. Recognition of land
use rights.
Article 18. The State
shall decide on land prices
1. The State shall
prescribe the principles and methods for land valuation.
2. The State shall
promulgate land price brackets and tables, and decide on specific land prices.
Article 19. The State shall decide
on financial policies involving land
1. The State shall
decide policies on financial collection and spending involving land.
2. The State shall performs the
regulation of the added value from land which does
not originate from land user’s investment through tax police, land use levy,
land rent, investment in infrastructure, and support policies for persons
having land recovered.
Article 20. The State shall
prescribe the rights and obligations of land users
The State shall
prescribe the rights and obligations of land users in conformity with the forms
of land allocation, land lease, recognition of land use rights, land use origin
and financial obligations of land users.
Article 21. Exercise of
the rights of the land owner representative
1. The National Assembly
shall promulgate laws and resolutions on land; decide on national master plans
and plans on land use; and exercise the supreme right to supervise over land management and use nationwide.
2. People’s Councils at
all levels shall exercise the right to adopt local master plans and plans on
land use before submitting them to competent agencies for approval; to adopt
land price tables and land recovery to implement socio-economic development
projects for the national or public interest in their localities, according to their competence prescribed in
this Law; and to supervise the implementation of the land law in their
localities.
3. The Government and
People’s Committees at all levels shall exercise the rights of the land owner
representative according to their competence prescribed in this Law.
SECTION 2.
RESPONSIBILITIES OF THE STATE FOR LAND
Article 22. Contents of
state management over land
1. Promulgating law
normative documents on land management and use and organizing the
implementation thereof.
2. Determining
administrative boundaries, compiling and managing administrative boundary
records and making administrative maps.
3. Surveying, measuring,
making cadastral maps, land use status quo maps and land use planning maps;
surveying and assessing land resources; and surveying for land pricing.
4. Managing master plans
and plans on land use.
5. Managing land
allocation, land lease, land recovery and change of land use purposes.
6. Managing
compensation, support and resettlement upon land recovery.
7. Land registration,
compiling and managing cadastral records,
and granting certificates of land use rights and ownership of houses and other
land-attached assets.
8. Making land
statistics and inventories.
9. Developing the land
information system.
10. Financial management
on land and land prices.
11. Managing and
supervising the exercise of rights and performance of obligations by land
users.
12. Inspecting,
examining, supervising, monitoring and assessing the observance of the land
law, and handling violations of the land law.
13. Disseminating and
educating about the land law.
14. Settling
land-related disputes; settling complaints and denunciations involving land
management and use.
15. Managing activities
of providing land-related services.
Article 23. Responsibilities
for state management over land
1. The Government shall
perform the unified state management over land nationwide.
2. The Ministry of
Natural Resources and Environment shall take responsibility before the
Government for the unified state management over land.
Related ministries and
ministerial-level agencies shall, within the scope of their respective tasks
and powers, assist the Government in performing the state management over land.
3. People’s Committees
at all levels shall perform the state management over land in their localities according
to their competence prescribed in this Law.
Article 24. Land
management agencies
1. The system of land
management agencies shall be organized uniformly from central level to local
level.
2. The Ministry of
Natural Resources and Environment is land administration agency at the central
level.
Land management agencies
at the local level shall be set up in provinces and centrally run cities, and
in districts, towns and provincial cities; land-related public service
organizations shall be set up and operate in accordance with the Government’s
regulations.
Article 25. Cadastral
civil servants in communes, wards and townships
1. Communes, wards and
townships must have civil servants performing cadastral work in accordance with
the Law on cadres and civil servants.
2. Cadastral civil
servants in communes, wards and townships shall assist commune-level People’s
Committees in local land management.
Article 26. The State’s
guarantees for land users
1. State protects the
lawful rights to use land and land-attached assets of land users.
2. State grants the
certificates of land use rights and ownership of houses and other land-attached
assets to land users who are eligible as prescribed by law.
3. When State recovers land
for national defense or security purpose; or for socio-economic development for
the national or public interest, land users shall be entitled to compensation,
support and resettlement as prescribed by law.
4. State adopts policies
in the form of vocational training, change of occupation and job seeking to
facilitate for persons directly engaging in agriculture, forestry, aquaculture
or salt production and having no land for production due to land use
restructuring or economic restructuring.
5. The State does not
recognize the reclaim of land which has been allocated to others in accordance
with the State’s regulations in the process of implementing the land policy of
the State of the Democratic Republic of Vietnam, the Provisional Revolutionary
Government of the Republic of South Vietnam and the State of the Socialist
Republic of Vietnam.
Article 27.
Responsibilities of the State for residential and agricultural land applicable
to ethnic minorities
1. To adopt policies on
residential land and land for community activities for ethnic minorities in
conformity with their customs, practices and cultural identities and the
practical conditions of each region;
2. To adopt policies to
facilitate for ethnic minorities who are directly engaged in agricultural production
in rural areas to have land for agricultural production.
Article 28.
Responsibilities of the State for the building up and provision of land
information
1. To build up and
manage the land information system and guarantee the right to access to the land
information system for organizations and individuals.
2. To promptly announce
and publicize available information in the land information system for
organizations and individuals, except confidential information as prescribed by
law.
3. To notify administrative
decisions and acts in the field of land administration to organizations and
individuals whose lawful rights and interests are affected.
4. Competent state
agencies and persons in land administration and use shall facilitate and
provide land information for organizations and individuals in accordance with
law.
Chapter 3.
ADMINISTRATIVE
BOUNDARIES AND BASE SURVEY ON LAND
SECTION 1.
ADMINISTRATIVE BOUNDARIES
Article 29.
Administrative boundaries
1. The Government shall
direct the determination of administrative boundaries and the compilation and
management of administrative boundary records at all levels nationwide.
The Minister of Home
Affairs shall prescribe the order and procedures for identification of
administrative boundaries and the management of boundary landmarks and
administrative boundary records at all levels.
The Minister of Natural
Resources and Environment shall
prescribe the techniques and economic-technical specifications for placing
administrative boundary landmarks and compiling administrative boundary records
at all levels.
2. People’s Committees
at all levels shall organize the determination of administrative boundaries on
the field and compilation of administrative boundary records in their respective localities.
Commune-level People’s
Committees shall manage administrative boundary landmarks on the field in their
localities. If the administrative boundary landmarks are lost, moved or
damaged, they shall promptly report this to the People’s Committees of
districts, towns or provincial cities (below referred to as district-level
People’s Committees).
3. The administrative
boundary records include paper and electronic documents showing information on
the establishment and adjustment of administrative units and boundary landmarks
and boundary lines of those administrative units.
The superior People’s
Committee shall certify the administrative boundary records of the immediate
subordinate level. The Ministry of Home Affairs shall certify the
administrative boundary records of provinces and centrally run cities.
The administrative
boundary records of a level shall be archived at the People’s Committee of such
level, the superior People’s Committee, the Ministry of Home Affairs and the
Ministry of Natural Resources and Environment.
4. Disputes over
administrative boundaries among administrative units shall be settled by the
People’s Committees of such administrative units through their coordination. If they fail to reach agreement or
the results lead to changes in administrative boundaries, the settlement
competence is provided as follows:
a) If the dispute is
related to the boundaries of provinces or centrally run cities, the Government
shall submit it to the National Assembly for decision;
b) If the dispute is
related to the boundaries of districts, towns or provincial cities or communes,
wards or townships, the Government shall submit it to the National Assembly
Standing Committee for decision.
The Ministry of Natural
Resources and Environment, the land management agencies of provinces and centrally
run cities, of districts, towns and provincial cities shall provide necessary
documents and coordinate with competent state agencies in settling disputes
involving administrative boundaries.
Article 30.
Administrative maps
1. The administrative
maps of a locality must be made on the basis of administrative boundary maps of
such locality.
2. The making of
administrative maps must comply with the following provisions:
a) The Ministry of
Natural Resources and Environment shall provide directions
and guidelines for making administrative maps of all levels
nationwide and organize the making of administrative maps for the whole country
and provinces and centrally run cities;
b) The People’s
Committees of provinces and centrally run cities (below referred to as
provincial-level People’s Committee) shall organize the making of
administrative maps of districts, towns and provincial cities.
SECTION 2. BASE SURVEY
OF LAND
Article 31. Making and
adjustment of cadastral maps
1. The measurement,
drawing of cadastral maps must be conducted in details for each land parcel in
each administrative unit of commune, ward or township.
2. The adjustment of
cadastral maps is made when there are changes in shape, dimension, area of the
land parcel or other factors involving the contents of cadastral maps.
3. The Minister of
Natural Resources and Environment shall prescribe the making, adjustment and
management of cadastral maps for the whole country and conditions for practice
of cadastral measurement.
4. Provincial-level
People’s Committees shall organize the making, adjustment and management of
cadastral maps in their respective localities.
Article 32. Survey and
assessment activities of land
1. Survey and assessment
of land include the following activities:
a) Surveying and assessing
land quality and potential;
b) Surveying and
assessing land degradation and pollution;
c) Surveying and
classifying agricultural land;
d) Making land
statistics and conducting land inventory;
e) Surveying and making
statistics on land prices; monitoring land price changes;
f) Building up and
maintaining observation and supervision systems for land resources.
2. Survey and assessment
of land include the following contents:
a) Sampling, analyzing
and making statistics on land observation data;
b) Making maps on land
quality, land potential, land degradation, land pollution, classification of
agricultural land, and land prices;
c) Making assessment
reports on land quality, land potential, land degradation, land pollution,
classification of agricultural land, and land prices;
d) Making reports on
land statistics and land inventory, drawing land use status quo maps, and
reports on land price and changes in land prices.
Article 33. Organization
of land survey and assessment
1. The Ministry of
Natural Resources and Environment shall:
a) Organize, and
publicize results of, survey and assessment of land for the whole country and
all regions once every 5 years and for each theme;
b) Direct the survey and
assessment of land in provinces and centrally run cities;
c) Summarize and publish
results of survey and assessment of land nationwide.
2. Provincial-level
People’s Committees shall organize, and publicize results of, survey and
assessment of land of their respective localities, and send the results to the
Ministry of Natural Resources and Environment for summarization.
3. The Minister of
Natural Resources and Environment shall prescribe the land survey and
assessment and conditions on the capacity of units which conduct land survey
and assessment.
Article 34. Land
statistics and inventories and the making of land use status quo maps
1. Land statistics and
inventories include periodical land statistics and inventories and thematic
land inventories.
2. Periodical land
statistics and land inventories must comply with the following provisions:
a) Land statistics shall
be made and land inventories shall be conducted according to administrative
units of communes, wards and townships;
b) Land statistics shall
be made once a year, except the year when land inventory is conducted;
c) Land inventory shall
be conducted once every 5 years.
3. The land use status quo map
must be made once every 5 years in connection with land inventory as prescribed
in Clause 2 of this Article.
4. Thematic land
inventories serving the state management must be conducted under decisions of
the Prime Minister or the Minister of Natural Resources and Environment.
5. Responsibilities for
making land statistics and conducting land inventories and making land use
status quo map are prescribed as follows:
a) The People’s
Committees at all levels shall make land statistics and conduct land
inventories and make land use status quo maps of their respective localities;
b) The results of land
statistics and inventories and the making of land use status quo maps of
localities shall be reported to the immediate superior People’s Committees by
the People’s Committees at commune and district levels, reported to the
Ministry of Natural Resources and Environment by the provincial-level People’s
Committees;
c) The Ministry of
National Defense and the Ministry of Public Security shall assume the prime
responsibility for, and coordinate with provincial-level People’s Committees
in, making statistics and conducting inventories on land used for national
defense or security purpose, and send reports on their results to the Ministry
of Natural Resources and Environment;
d) The
Ministry of Natural Resources and Environment shall summarize and report to the
Prime Minister and publicize the results of annual land statistics and 5-year
land inventories for the whole country.
6. The Minister of
Natural Resources and Environment shall detail the making of land statistics,
conducting of land inventories and making of land use status quo maps.
Chapter 4.
MASTER PLANS, PLANS ON
LAND USE
Article 35. Principles
of formulation of master plans and plans on land use
1. To conform to
strategies, master plans and plans on socio-economic development, national
defense and security.
2. To be formulated from
the master level to detailed level; the master plan on land use of the
subordinate level must conform to the master plan on land use of the superior
level; and the land use plans must conform to the master plan on land use
approved by competent state agencies. The national master plan on land use must
take into account specific characteristics and linkages of the socio-economic
regions; and the district-level master plan on land use must demonstrate the
contents of the commune-level land use.
3. To use land
economically and efficiently.
4. Reasonable
exploitation of natural resources and environmental protection; climate change
adaptation.
5. To protect and
embellish cultural-historical relics and scenic spots.
6. To be democratic and
public.
7. To ensure priority
for using the land fund for the purposes of national defense and security,
serve national and public interests, food security and environmental
protection.
8. Master plans and
plans of the sectors, fields and localities that use land must conform to the
master plans, plans on land use already decided or approved by competent state
agencies.
Article 36. System of
master plans and plans on land use
1. National master plans
and plans on land use.
2. Provincial-level
master plans, plans on land use.
3. District-level master
plans, plans on land use.
4. Master plans, plans
on land use for national defense.
5. Master plans, plans
on land use for security.
Article 37. Periods of
master plans and plans on land use
1. The period of master
plan on land use is 10 years.
2. The period of land
use plans at the national and provincial levels and for national defense and
security is 5 years. District-level land use plans must be made every year.
Article 38. National
master plan on land use and plan
1. The national master
plan on land use must be formulated based on:
a) National strategies
for socio-economic development, national defense and security; master plans on
the development of socio-economic regions; and strategies and master plans for
development of sectors, fields;
b) Natural and
socio-economic conditions;
c) Current land use
status, land potential and results of implementation of the national master
plan on land use in the previous period;
d) Land use demands of
all sectors and fields;
e) Scientific and
technological advances involving land use.
2. The national master
plan on land use includes the following contents:
a) Orientation for land
use in 10 years;
b) Determination of land
use targets for agricultural land, non-agricultural land, unused land,
including the determination of the areas of paddy land, land used only for wet
rice farming, land for protective forest, land for special-use forest, land for
production forest, aquaculture land, salt-production land, land for national
defense or security purpose, land for industrial parks, land for export
processing zones, land for hi-tech zones, land for economic zones, land for
national infrastructure development, land for cultural-historic relics and
scenic spots, urban land and land for waste dump and treatment;
c) Determination of the
areas of the land types specified at Point b this Clause in the planning period
for each provincial-level administrative unit and each socio-economic region;
d) The land use-planning
maps at the national level and of socio-economic regions;
e) Solutions for
implementation of the master plan on land use.
3. The national land use
plan must be formulated based on:
a) The national master
plan on land use;
b) The 5-year and annual
socio-economic development plans of the whole country;
c) Land use demands in 5
years of all sectors and fields;
d) Results of
implementation of the national land use plan in the previous period;
e) Ability to invest and
mobilize resources for implementing the land use plan.
4. The national land use
plan includes the following contents:
a) Analysis and
evaluation of the implementation of the national land use plan in the previous
period;
b) Determination of the
areas of the land types specified at Point b, Clause 2 of this Article in the
5-year land use plan;
c) The 5-year land use
plans for each provincial-level administrative unit and each socioeconomic
region;
d) Solutions for
implementation of the land use plan.
Article 39.
Provincial-level master plans, plans on land use
1. A provincial-level
master plan on land use must be formulated based on:
a) The national master
plan on land use;
b) The master plans for
socio-economic development of the socio-economic region and the province or
centrally run city; the strategies and master plans on development of sectors
and fields;
c) Natural and socio-economic
conditions of the province or centrally run city;
d) Current land use
status, land potential and results of implementation of the provincial-level
master plan on land use in the previous period;
e) Land use demands of
all sectors and fields and of the province;
f) Land use quotas;
g) Scientific and
technological advances involving land use.
2. A provincial-level
master plan on land use has the following contents:
a) Orientation for land
use in 10 years;
b) Determination of the
areas of the land types already allocated in the national master plan on land
use and the areas of the land types in accordance with provincial-level land
use demands;
c) Determination
of land use zones by land use function;
d) Determination of the
areas of the land types specified at Point b of this Clause for each
district-level administrative unit;
e) The provincial-level
land use-planning map;
f) Solutions for
implementation of the master plan on land use.
3. The provincial-level
land use plans must be formulated based on:
a) The national 5-year
land use plan; the provincial-level master plan on land use;
b) The provincial-level
5-year and annual socio-economic development plans;
c) Land use demands in 5
years of all sectors and fields and the province;
d) Results of implementation
of the provincial-level land use plan in the previous period;
e) Ability to invest and
mobilize resources for implementing the land use plan.
4. A provincial-level
land use plan has the following contents:
a) Analysis and
evaluation of the implementation of the provincial-level land use plan in the
previous period;
b) Determination of the
areas of the land types specified at Point b, Clause 2 of this Article in the
land use plan period for each year and each district-level administrative unit;
c) Determination of the
areas of the land types for which land use purposes need to be changed as
prescribed at Points a, b, c, d and f, Clause 1, Article 57 of this Law in the
land use plan period for each year and each district-level administrative unit;
d) Determination of the
areas and locations of national and provincial-level construction works and
projects which use land for the purposes prescribed in Articles 61 and 62 of
this Law in the land use plan period for each year and each district-level
administrative unit.
For projects on
technical infrastructure, construction, embellishment of urban centers and
rural residential areas, the determination of locations and areas of recovered
land in the adjacent areas must be conducted concurrently in order to put land
use rights up for auction to implement housing, trading, service, production
and business projects;
e) Making the
provincial-level land use plan map;
f) Solutions for
implementation of the land use plan.
Article 40.
District-level master plans, plans on land use
1. A district-level
master plan on land use must be formulated based on:
a) The provincial-level
master plan on land use;
b) The
master plans for socio-economic development of the province and district;
c) Natural and
socio-economic conditions of the district, town or provincial city;
d) The current land use
status, land potential and results of implementation of the district-level
master plan on land use in the previous period;
e) Land use demands of
all sectors and fields, the district and communes;
f) Land use quotas;
g) Scientific and
technological advances involving land use.
2. A district-level
master plan on land use has the following contents:
a) Orientation for land
use in 10 years;
b) Determination of the
areas of the land types already allocated in the provincial-level master plan
on land use and the areas of land types in accordance with land use demands of
the district and communes;
c) Determination of land
use zones by land use function for each commune-level administrative unit;
d) Determination of the
areas of land types prescribed at Point b of this Clause for each commune-level
administrative unit;
e) The district-level
land use planning map in which the zones already planned for paddy land and for
changes of land use purposes as prescribed at Points a, b, c, d and f, Clause
1, Article 57 of this Law must be demonstrated in detail for each commune-level
administrative unit;
f) Solutions for
implementation of the master plan on land use.
3. A district-level
annual land use plan must be formulated based on:
a) The provincial-level
land use plan;
b) The district-level
master plan on land use;
c) Land use demands in
the planning year of all sectors, fields and levels;
d) Ability to invest and
mobilize resources for implementing the land use plan.
4. A district-level
annual land use plan has the following contents:
a) Analysis and
evaluation on the implementation result of the land use plan in the previous
year;
b) Determination of the
areas of the land types already allocated in the provincial-level land use plan
and the area of land types in accordance with land use demands of the district
and communes in the planning year;
c) Determination
of the areas and locations of land to be recovered to implement construction
works and projects which use land for the purposes prescribed in Articles 61
and 62 of this Law in the planning year for each commune-level administrative
unit.
For the projects on
technical infrastructure, construction, embellishment of urban centers and
rural residential areas, the determination of locations and areas of the
recovered land in the adjacent area must be conducted concurrently in order to
put up land use rights for auction to implement housing, trading, service,
production and business projects;
d) Determination of the
areas of land types of which land use purposes need to be changed as prescribed
at Points a, b, c, d and f, Clause 1, Article 57 of this Law in the planning
year and for each commune-level administrative unit;
e) District-level annual
land use plan map;
f) Solutions for
implementation of the land use plan.
5. Urban districts of
which the urban master plans have been approved by competent state agencies
shall are not required making master plan on land use but must formulate annual
land use plans; in case the urban master plan of an urban district is
inconsistent with the area allocated in the provincial-level master plan on
land use, it must be adjusted in accordance with the provincial-level master
plan on land use.
Article 41. Master
plans, plans on land use for national defense or security purpose
1. A master plan on land
use for national defense or security purpose must be formulated based on:
a) The national master
plan on land use;
b) Strategies for
socio-economic development, national defense and security and master plans for
the development of socio-economic regions;
c) Natural and
socio-economic conditions;
d) The current land use status, land
potential and results of implementation of the master plan on land use for
national defense or security purpose in the previous period;
e) The land use demands
for national defense or security;
f) Land use quotas;
g) Scientific and
technological advances involving land use.
2. A master plan on land
use for national defense or security purpose has the following contents:
a) Orientation for land
use for national defense or security purpose;
b) Determination
of land use demands for national defense or security purpose in the planning
period in accordance with the master plan for socio-economic development, national
defense and security and national plan for socio-economic development;
c) Determination of the
locations and areas of land for national defense or security purpose which may
be re-allocated to localities for management and use for socio-economic development;
d) Solutions for
implementation of the master plan on land use for national defense or security
purpose.
3. A land use plan for
national defense or security purpose must be formulated based on:
a) The national 5-year
land use plan and the master plan on land use for national defense or security
purpose;
b) The land use demands
in 5 years for national defense or security purpose;
c) Results of
implementation of the land use plan for national defense or security purpose in
the previous period;
d) Ability to invest and
mobilize resources for implementing the land use plan for national defense or
security purpose.
4. A land use plan for
national defense or security purpose has the following contents:
a) Analysis and
evaluation of the implementation result of the land use plan for national
defense or security purpose in the previous period;
b) Determination of the
locations and areas of land which shall be used for national defense or
security purpose in the 5-year land use plan and detailed for each year;
c) Determination in
detail of the locations and areas of land for national defense or security
purpose which may be re-allocated to localities in the 5-year period;
d) Solutions for
implementation of the land use plan for national defense or security purpose.
Article 42.
Responsibilities for formulating master plans, plans on land use
1. The Government shall
organize the formulation of national master plans and plans on land use. The
Ministry of Natural Resources and Environment shall assume the prime responsibility
for assisting the Government in formulating national master plans and plans on
land use.
2. Provincial-level
People’s Committees shall organize the formulation of provincial- level master
plans, plans on land use. District-level People’s Committees shall organize the
development of district-level master plans, plans on land use.
Provincial- and
district-level land management agencies shall assume the prime responsibility
for assisting their respective People’s Committees in the formulation of master
plans and plans on land use.
3. The Ministry of
National Defense shall organize the formulation of master plans and plans on
land use for national defense. The Ministry of Public Security shall organize
the formulation of master plans and plans on land use for security.
4. The Government shall
detail this Article.
Article 43.
Consultations on master plans, plans on land use
1. The agencies which
organize the formulation of master plans and plans on land use as prescribed in
Clauses 1 and 2, Article 42 of this Law shall organize consultations with the
people on master plans, plans on land use.
2. The forms, contents
and timing of consultation with the people on master plans, plans on land use
must comply with the following provisions:
a) The consultations
with the people on national and provincial-level master plans, plans on land
use must be conducted in the form of publicizing the contents of master plans
and plans on land use on the websites of the Ministry of Natural Resources and
Environment and the provincial- level People’s Committees. The consultations
with the people on district-level master plans, plans on land use must be
conducted in the form of organizing meetings, direct consultation and
publicizing the contents of master plans and plans on land use on the websites
of provincial-level and district-level People’s Committees.
b) The consultations
with the people on master plans, plans on land use must be conducted on the
targets of master plans and plans on land use, projects and construction works
to be implemented during the master plan on land use and plan periods;
c) The consultations
with the people on master plans, plans on land use must be conducted within 30
days after competent state agencies decide to conduct consultations.
3. Agencies responsible
for conducting consultations with the people on master plans, plans on land use
prescribed in Clause 1 of this Article shall prepare reports on summarization,
assimilation and explanation of the people’s opinions, and improve the master
plans, plans on land use before submitting to the appraisal board for master
plans, plans on land use.
4. For master plans,
plans on land use for national defense or security purpose, the Ministry of
National Defense and the Ministry of Public Security shall conduct
consultations with provincial- level People’s Committees in the course of
formulation of master plans and plans on land use.
5. The Government shall
detail this Article.
Article 44. Appraisal of
master plans and plans on land use
1. Competence to establish
the appraisal board for master plans, plans on land use:
a) The Prime Minister
may establish an appraisal board for national master plans and plans on land
use.
The Ministry of Natural
Resources and Environment shall assist this appraisal board during the process
of appraising master plans, plans on land use;
b) The Minister of
Natural Resources and Environment may establish an appraisal board for master
plans, plans on land use for national defense or security purpose, and for
provincial-level master plans, plans on land use.
Land management agencies
at central level shall assist this appraisal board during the process of
appraising master plans, plans on land use;
c) The chairperson of a
provincial-level People’s Committee may establish an appraisal board for
district-level master plans, plans on land use.
Land management agencies
at provincial and district levels shall assist this appraisal board in
appraising master plans, plans on land use.
2. The appraisal boards
for master plans, plans on land use at all levels shall appraise and send the
notices of appraisal results of land use master plans and plans to the agencies
in charge of organizing the formulation of master plans and plans on land use
as prescribed in Article 42 of this Law. The agencies in charge of organizing
the formulation of master plans and plans on land use shall assimilate and
explain the contents stated in the notices of appraisal results of land use
master plans and plans.
In case of necessity,
the appraisal board for master plans, plans on land use shall organize the
examination and field survey of the areas for which the land use purposes are
planned to change, especially changing of paddy land, land for protective
forest and land for special-use forest.
3. The appraisal of a master
plan on land use covers the following contents:
a) Legal and scientific
bases for the formulation of the master plan on land use;
b) The extent of
conformity of the master plan on land use with strategies and master plans for
socio-economic development, national defense and security of the whole country
and the locality, and with the master plans for development of sectors and
fields;
c) Socio-economic and
environmental effects;
d) The feasibility of
the master plan on land use.
4. The appraisal of a
land use plan covers the following contents:
a) The extent of
conformity of the land use plan with the master plan on land use;
b) The extent of
conformity of the land use plan with the plan for socio-economic development;
c) The feasibility of
the land use plan.
5. The fund for
appraisal of master plans and plans on land use shall be determined as a
separate item in the fund for formulation of master plans and plans on land
use.
Article 45. Competence
to decide and approve master plans, plans on land use
1. The National Assembly
shall decide on national master plans and plans on land use;
2. The Government shall
approve provincial-level master plans, plans on land use, master plans, plans
on land use for national defense purpose and master plans, plans on land use
for security purpose.
Provincial-level
People’s Committees shall submit provincial-level master plans, plans on land
use to their respective People’s Councils for adoption before submitting them
to the Government for approval.
3. Provincial-level People’s
Committee shall approve district-level master plans, plans on land use.
District-level People’s
Committees shall submit district-level master plan on land use to their
People’s Councils for adoption before submitting them to the provincial-level People’s
Committee for approval.
District-level People’s
Committees shall submit annual land use plans to the provincial-level People’s
Committee for approval. Provincial-level People’s Committees shall submit to
their People’s Councils for adoption the lists of projects for which land needs
to be recovered as prescribed in Clause 3, Article 62 of this Law, before
approving the district-level annual land use plans.
Article 46. Adjustment
of master plans and plans on land use
1. Adjustment of a
master plan on land use is only conducted in the following cases:
a) There are adjustments
to the strategies for socio-economic development, national defense, and
security or master plan for development of socio-economic regions and such
adjustments result in change of land use structure;
b) Natural
disasters or wars result in changes in the land use purposes, structure,
locations and area;
c) There are adjustments
in the master plan on land use of the immediate superior level which affect the
master plan on land use of the concerned level;
d) There are adjustments
to local administrative boundaries.
2. Adjustments to a land
use plan are only conducted when there are adjustments in the master plan on
land use or there are changes in the ability to implement the land use plan.
3. Adjustments to a
master plan on land use are part of the approved Master plan on land use.
Adjustments to a land use plans are part of the approved land use plan.
The adjustment of master
plans and plans on land use must be conducted under Articles 42, 43, 44 and 48
of this Law.
4. The state agencies
competent to decide on or approve master plans, plans on land use at a certain
level have competence to decide on or approve adjustments to master plans,
plans on land use at that level.
Article 47. Consultancy
on formulation of master plans and plans on land use
1. In the process of
formulation of master plans and plans on land use, the agencies in charge of
formulation of master plans and plans on land use may hire consultants to
formulate master plans, plans on land use.
2. The Government shall
prescribe the conditions for organizations and individuals to provide
consultancy on formulation of master plans and plans on land use.
Article 48.
Publicization of master plans and plans on land use
1. The master plans,
plans on land use at national, provincial and district levels must be
publicized after being decided or approved by competent state agencies.
2. Responsibilities for
publicizing master plans, plans on land use are prescribed as follows:
a) The Ministry of
Natural Resources and Environment shall publicize the national master plans and
plans on land use at its head office and on its website;
b) Provincial-level
People’s Committees shall publicize provincial-level master plans and plans at
their head offices and on their websites;
c) District-level
People’s Committees shall publicize district-level master plans, plans on land
use at their head offices and on their websites and the contents of
district-level master plans, plans on land use involving communes, wards and
townships at the head offices of commune-level People’s Committees.
3. Timing and duration
for publicizing master plans, plans on land use are prescribed as follows:
a) The master plans,
plans on land use must be publicized within 30 days from the date they are
decided or approved by competent state agencies;
b) The publicity is
implemented throughout periods of the master plans, plans on land use.
Article 49.
Implementation of master plans and plans on land use
1. The Government shall
organize and direct the implementation of the national master plans and plans
on land use.
The Prime Minister
shall, based on national land use targets which have been decided by the
National Assembly, allocate land use targets for provinces and centrally run
cities, the Ministry of National Defense and the Ministry of Public Security.
Provincial- and
district-level People’s Committees shall implement Master plans, plans on land
use of their respective localities.
Commune-level People’s
Committees shall implement Master plans, plans on land use in their communes.
The Ministry of National
Defense and the Ministry of Public Security shall implement Master plans, plans
on land use for national defense or security, respectively.
2. If the master plan on
land use has been publicized but the annual district-level land use plan is not
yet available, land users may continue using land and exercise the rights of
land users as prescribed by law.
If the district-level
annual land use plans are available, land users for whom the land use purposes
are to be changed or whose land is to be recovered in accordance with the plans
may continue exercising the rights of land users, but may not build new houses
or construction works or plant perennial crops. They shall apply for permission
from competent state agencies before repairing or renovating existing houses or
construction works.
3. If a land area is to
be recovered for implementation of a project or for change of land use purpose
as indicated in the publicized annual district-level land use plan, but the
decision to recover land has not been issued or the change of land use purpose
has not been approved within 3 years, the state agency that has competence to
approve the land use plan shall adjust or cancel the recovery or change of land
use purpose and shall publicize such adjustment or cancellation for part of
land stated in plan on land use.
In case the state agency
that has competence to approve the land use plan fails to adjust or cancel, or
does adjust or cancel but fails to publicize such adjustment or cancellation,
land users are not subject to the limitation of rights as prescribed in Clause
2 of this Article.
4. At the end of the
master plan on land use period, the land use targets that have not fully been
implemented may continue to be implemented until the master plan on land use of
the subsequent period is decided or approved by competent state agencies.
5. The Government shall
detail the organization of the implementation of master plans and plans on land
use.
Article 50. Report on
implementation of master plans and plans on land use
1. The responsibility to
make annual reports on results of implementation of master plans and plans on
land use is prescribed as follows:
a) The People’s
Committees at commune and district levels shall send reports on results of
implementation of master plans and plans on land use to the direct superior
People’s Committees. Provincial-level People’s Committees shall send report on
results of implementation of master plans and plans on land use to the Ministry
of Natural Resources and Environment;
b) The Ministry of
National Defense or the Ministry of Public Security shall send reports on
results of implementation of master plans and plans on land use for national
defense or security purpose to the Ministry of Natural Resources and
Environment;
c) The Ministry of
Natural Resources and Environment shall summarize the annual results of
implementation of master plans and plans on land use of the whole country in a
report to the Government for submission to the National Assembly at the
year-end session.
2. The report on results
of implementation of the annual land use plan for the last year of the first
land use plan period must be enclosed with the review report on the
implementation of the whole land use plan period.
The report on results of
implementation of the annual land use plan for the last year of the master plan
on land use period must be enclosed with the review report on the
implementation of the last land use plan period and the review report on the
implementation of the whole master plan on land use period.
Article 51. Settlement of
problems arising in master plans, plans on land use after this Law takes effect
1. When formulating the
land use plans for 5 years (2016-2020), the master plans, plans on land use
that have been decided or approved by competent state agencies prior to the
effective date of this Law must be reviewed and additionally surveyed for
adjustment in accordance with this Law.
2. If the district-level
master plan on land use and plan have not yet been approved by competent state
agencies when this Law takes effect, the land recovery, land allocation, land
lease, recognition of land use rights and change of land use purpose must be
conducted in accordance with the provincial land use plans and the list of
projects for socio-economic development of the district concerned which is
prepared and submitted by the district-level People’s Committee to the
provincial-level People’s Committee for decision.
The approval of district-level
master plans, plans on land use must be completed within 01 year after this Law
takes effect.
Chapter 5.
LAND ALLOCATION, LAND
LEASE AND CHANGE OF LAND USE PURPOSE
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