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