LAW
45/2013/QH13
ON LAND
June 21, 2013
Pursuant to the Constitution of the Socialist Republic of
Vietnam;
The National Assembly promulgates the Land Law.
Chapter
1.GENERAL PROVISIONS
Article 1. Scope of regulation
This Law prescribes the regime of land ownership,
powers and responsibilities of the State in representing the entire-people
owner of land and uniformly managing land, the regime of land
management and use, the rights and obligations of land users involving land in
the territory of the Socialist Republic of Vietnam.
Article 2. Subjects of application
1. State agencies that exercise the powers and perform the
responsibilities of the representative of the entire-people owner of land, and
perform the tasks of unified state management over land.
2. The land users.
3. Other subjects involving land management and)or use.
Article 3. Interpretation of terms
In this Law, the following terms are construed as follows:
1. Land parcel means a land area delimited by boundaries
determined on the field or described in dossiers.
2. Master plan on land use means the distribution and zoning
of land by use space in serve of the objectives of socio-economic development,
national defense, security, environmental protection and climate change
adaptation based on the land potential and land use demands of all sectors and
fields, for each socio-economic region and administrative unit in a defined
period of time.
3. Land use plan means the division of a master plan on land
use according to periods of time for implementation during the period of the
master plan on land use.
4. Cadastral map is a map that shows the land parcels and
related geographic elements, and is made according to administrative units of
communes, wards or townships, and certified by a competent state agency.
5. Land use status quo map is a map that demonstrates the
distribution of various types of land at a specified time, and is made
according to each administrative unit.
6. Land use-planning map is a map made at the beginning of a
planning period, which demonstrates the distribution of various types of land
at the end of that planning period.
7. The State allocates land use rights (below referred to as
the State allocates land) means that the State issues decisions on land
allocation to hand land use rights to subjects having land use demand.
8. The State leases land use rights (below referred to as
the State leases land) means that the State decides to hand land use rights to
subjects having land use demand under contracts on land use right lease.
9. The State recognizes land use right means that the State
hands land use right to a person that is using stably the land not allocated or
leased by the State, through the grant of a certificate of land use right,
ownership of houses and other land-attached assets for the first time, for a
certain land parcel.
10. Transfer of land use rights means the transfer of land
use rights from one person to another by ways of exchange, transfer,
inheritance or donation of land use rights, or capital contribution with
land use rights.
11. The State recovers land means the State decides to
recover land use rights from a person that is allocated land use rights by the
State, or from a land user that violates the land law.
12. Land compensation means the State returns the
value of land use rights for the recovered land area to land users.
13. Remaining land investment costs include costs for ground
fill-up and leveling and other directly related costs that can be proved to
have been invested in land and have not been retrieved by the time the State
recovers the land.
14. Support upon land recovery by the State means the State
provides assistance to persons having land recovered, in order to
stabilize their livelihood, production and development.
15. Registration of land, houses and other land-attached
assets means the declaration and acknowledgement of the legal status of land
use rights, ownership of houses and other land-attached assets, and the land
management right over a certain land parcel, in the cadastral records.
16. Certificate of land use rights and ownership of houses
and other land-attached assets is a legal certificate in which the State
certifies the lawful land use rights and ownership of houses and land-attached
assets of the person who has land use rights and ownership of houses and
land-attached assets.
17. Land statistics means that the State, based on
the cadastral records, sums up and evaluates the land use status at
the time of making statistics, and the land-related changes between two
statistical times.
18. Land inventory means that the State, based on
the cadastral records and on the field, investigates, sums up and
evaluates the land use status at the time of conducting inventory, and the
land-related changes between two inventory times.
19. Land price means the value of land use rights
calculated per unit of land area.
20. Value of land use rights means the monetary value of
land use rights over a specified land area in a specified land use term.
21. Land use levy means an amount of money that a
land user shall pay to the State when being allocated land with the
collection of land use levy by the State, permitted to change the land use
purpose, or having land use rights recognized by the State.
22. Land information system means the system
consisting of information technology technical infrastructure, software, data
and processes and procedures which are developed to collect, store, update,
process, analyze, synthesize and track land information.
23. Land database means a collection of land data
that are arranged and organized to serve the access to, use, management and
update by electronic devices.
24. Land dispute means a dispute over the rights
and obligations of land users among two or more parties in a land relationship.
25. Land destruction means acts of topographically
deforming land, reducing land quality, polluting the land, causing the
loss or reduction of the land usability according to a determined purpose.
26. Public non-business unit means an organization
established by a competent state agency or by a political organization or a
socio-political organization, having the function of carrying
out public services in accordance with law.
27. Economic organizations include enterprises, cooperatives
or other economic organizations as prescribed by the civil law, excluding
foreign-invested enterprises.
28. Land for construction of underground
facilities means a land area used for construction of underground facilities
that are not parts of works constructed on the ground.
29. Land-using household means those who share a marital,
family or foster relationship as prescribed by the marriage and family law, are
living together and have joint land use rights at the time of being allocated
land or leased land, or having land use rights recognized by the State; or
receiving transfer of land use rights.
30. Household or individual directly engaged in agricultural
production means a household or an individual that has been allocated, leased
agricultural land, or having agricultural land use rights recognized by the
State; or has received transfer of agricultural land use rights, and generates
stable income from agricultural production on that land.
Article 4. Land ownership
Land belongs to the entire people with the State acting as
the owner’s representative and uniformly managing land. The State shall hand
over land use rights to land users in accordance with this Law.
Article 5. Land users
Land users may be allocated land or leased land, have land
use rights recognized by the State, or receive transfer of land use rights in
accordance with this Law, including:
1. Domestic organizations, including state agencies,
people’s armed forces units, political organizations, socio-political
organizations, economic organizations, socio-politico-professional organizations,
social organizations, socio-professional organizations, public non-business
organizations, and other organizations as prescribed by the civil law (below
referred collectively to as organizations);
2. Domestic households and individuals (below referred
collectively to as households and individuals).
3. Communities, including Vietnamese communities residing in
the same village, street quarter or similar residential area sharing the same
customs and practices or the same family line.
4. Religious establishments, including pagodas,
churches, oratories, shrines, monasteries, abbeys, religious schools, head
offices of religious organizations, and other religious establishments.
5. Foreign organizations with diplomatic functions,
including diplomatic representative missions, consulates, other foreign
representative agencies with diplomatic functions recognized by the Vietnamese
Government, representative missions of organizations of the United Nations,
inter-governmental agencies or organizations, and representative missions of
inter-governmental organizations.
6. Overseas Vietnamese as prescribed by the nationality law.
7. Foreign-invested enterprises, including 100%
foreign-invested enterprises, joint-venture enterprises, Vietnamese enterprises
in which foreign investors purchase shares, merge or acquire in accordance with
investment law.
Article 6. Land use principles
1. Compliance with master plan and plans on land use, and
use for proper purposes.
2. Economy, effectiveness, environmental protection, and
causing no harm to the legitimate interests of adjacent land users.
3. Land users may exercise their rights and perform their
obligations within the land use term in accordance with this Law and other
relevant laws.
Article 7. Persons taking responsibility before the State
for land use
1. Heads of organizations, foreign organizations with
diplomatic functions, or foreign- invested enterprises, shall take
responsibilities for the land use by their organizations.
2. The chairpersons of the People’s Committee of communes,
wards or townships shall take responsibilities for the use of agricultural land
for public purposes; the use of non-agricultural land which is allocated to the
People’s Committees of communes, wards or townships (below referred to as commune-level
People’s Committees) for the purpose of construction of the People’s Committee
offices, public facilities in serve of culture, education, health, physical
training and sports, entertainment, recreation, markets, cemeteries, graveyards
and other public facilities in the locality.
3. The representatives of resident community, who are the
heads of villages or street quarters, or the persons appointed under agreement
of resident community, shall be responsible for the use of the allocated or
recognized land of the community.
4. Heads of religious establishments shall be responsible
for the use of land allocated to the religious establishments.
5. Heads of households shall be responsible for the land use
by the households.
6. Individuals and overseas Vietnamese shall be responsible
for their land use.
7. The persons who shares, or represents a group sharing,
land use rights, shall be responsible for the use of that land.
Article 8. Persons who are assigned management over land for
which they shall be responsible before state
1. Heads of organizations shall be responsible for land
management in the following cases:
a) Organizations assigned to manage public facilities,
including roads, bridges, culverts, sidewalks, water supply and drainage
systems, irrigation systems, dikes and dams; squares, statues and monuments,
and memorial stela;
b) Economic organizations assigned to manage land used for
investment projects in the form of build- transfer (BT) and other forms
prescribed by the investment law;
c) Organizations assigned to manage land with water surface
of rivers and land with special- use water surface;
d) Organizations assigned to manage the land fund recovered
under decisions of competent state agencies.
2. The chairpersons of commune-level People’s Committees
shall be responsible for the management over land used for public purposes
which they are assigned to manage and land that has not been allocated or
leased in the locality.
3. The chairpersons of People’s Committees of provinces or
centrally run cites shall be responsible for the management of unused land on
uninhabited islands in their localities.
4. The representatives of resident community shall be
responsible for land allocated to the resident community for management.
Article 9. Encouragement of investment in land
The State shall promulgate policies to encourage land users
to invest labor, materials and capital in, and apply scientific and
technological achievements to, the following activities:
1. Land protection, improvement and fertilization.
2. Reclamation of waste and unused land, seaward
encroachment, use of empty land, bare hills and unused land with water surface
in accordance with master plans, plans on land use.
3. Development of infrastructure to increase land value.
Article 10. Land classification
Depending on use purpose, land is classified into the
following types:
1. Agricultural land, including:
a) Land for cultivation of annual crops, including paddy
land and land for cultivation of other annual crops;
b) Land
for cultivation of perennial trees;
c) Production forest land;
d) Protective forest land;
e) Special-use forest land;
f) Aquaculture land;
g) Salt-production land;
h) Other agricultural land, including land used to build
greenhouses and other building types for cultivation purpose, including fanning
not directly on the land, or to build breeding facilities for cattle, poultry
and other animals as permitted by law; land for cultivation, breeding and
aquaculture for the purpose of learning, research or experimentation; land for
planting and nursing seedlings and breeders, and land for growing flowers and
ornamental plants.
2. Non-agricultural land, including:
a) Residential land, including rural residential land and
urban residential land;
b) Land for construction of offices;
c) Land for national defense or security purpose;
d) Land for construction of non-business facilities,
including land for construction of offices of non-business organizations; land
for construction of cultural, social, health, education and training, physical
training and sports, science and technology, and diplomatic facilities and
other non-business facilities;
e) Land for non-agricultural production and business,
including land for industrial parks, industrial clusters, export processing
zones; land for trading and service; land of non-agricultural production
establishments; land used for mining activities; and land for production of
building materials, and pottery;
f) Land used for public purposes, including land used for
transport (including airports, airfields, inland waterway ports, maritime
ports, rail system, road system and other transport facilities); irrigation;
land with historical-cultural relics or scenic spots; land for community
activities or public entertainment and recreation; land for energy facilities;
land for post and telecommunications facilities; land for markets; land for
waste dumping and treatment, and land for other public facilities;
g) Land used by religious establishments;
h) Land used for cemeteries, graveyards, funeral service
centers and cremation centers;
i) Land with rivers, streams, canals, springs and
special-use water surface;
k) Other non-agricultural land, including land for motels, tents and camps for workers
in production establishments; land for construction of warehouses and houses to
store agricultural products, plant protection drugs, fertilizers, machinery and
tools for agricultural use, and land for other buildings of land users which
are used for non-commercial purposes and not attached to residential land.
3. Unused land, including land of types for which land use
purposes have not been determined yet.
Article 11. Bases for determining land types
The determination of a land type must be based on the
following grounds:
1. The certificate of land use rights, or certificate of
house ownership and residential land use rights which is granted before
December 10, 2009; and the certificate of land use rights and ownership of
houses and other land-attached assets;
2. Papers on land use rights prescribed in Clauses 1, 2 and
3, Article 100 of this Law, for the cases in which the certificates mentioned
in Clause 1 of this Article have not yet been granted.
3. Decisions on land allocation, land lease or permission
for change of land use purpose issued by competent state agencies, for the
cases in which the certificates mentioned in Clause 1 of this Article have not
yet been granted.
4. For the cases in which papers prescribed in Clauses 1, 2
and 3 of this Article are not available, the determination of land type must
comply with the Government’s regulations.
Article 12. Strictly prohibited acts
1. Encroaching, occupying or destroying land.
2. Violating publicized master plans and plans on land use.
3. Failing to use land, or using land for improper purposes.
4. Failing to comply with law when exercising the rights of
land users.
5. Receiving transfer of agricultural land use rights
exceeding the quota set for households and individuals as prescribed by this
Law.
6. Using land, exercising land transactions without
registration with competent state agencies.
7. Failing to perform or fully performing financial
obligations toward the State.
8. Abusing positions and powers to act against land
management regulations.
9. Failing to provide land information or providing
incorrect land information as prescribed by law.
10. Obstructing, or causing difficulties to, the exercise of
the rights of land users as prescribed by law.
Chapter
2.RIGHTS AND DUTIES OF THE STATE INVOLVING LAND
SECTION
1. RIGHTS OF THE STATE INVOLVING LAND
Article 13. Rights of the representative of the land owner
1. To decide on master plans, plans on land use.
2. To decide on land use purposes.
3. To prescribe land use quotas and land use terms.
4. To decide on land recovery and land requisition.
5. To decide on land prices.
6. To decide on hand-over of land use rights to land users.
7. To decide on financial policies on land.
8. To prescribe the rights and obligations of land users.
Article 14. The State shall decide on land use purposes
The State shall decide on land use purposes through master
plans and plans on land use, and permit the change of land use purposes.
Article 15. The State shall prescribe land use quotas and
land use terms
1. The State shall prescribe land use quotas, including
allocation quotas for agricultural land, allocation quotas for residential
land, recognition quotas for recognition of residential land use rights, and
quotas for receiving transfer of agricultural land use rights.
2. The State shall prescribe land use terms in the following
forms:
a) Long-term and stable use;
b) Definite-term use.
Article 16. The State shall decide on land recovery or
requisition
1. The State shall decide to recover land in the following
cases:
a) For the purpose of national defense or security;
socio-economic development for the national or public interest;
b) Land recovery due to violations of the land law;
c) Land recovery due to termination of land use in
accordance with law, voluntary return of land, or the risk of threatening human
life.
4. The State shall decide to requisition land in case of
extreme necessity to perform national defense and security tasks, or in cases
of war or emergency circumstances, or to prevent and combat natural disasters.
Article 17. The State shall allocate land use rights to land
users
The State shall allocate land use rights to land users in
the following forms:
1. Decision on allocation of land without the collection of
land use levy, and allocation of land with the collection of land use levy.
2. Decision on lease of land with annual rental payment, and
lease of land with one-off rental payment for the entire lease period.
3. Recognition of land use rights.
Article 18. The State shall decide on land prices
1. The State shall prescribe the principles and methods for
land valuation.
2. The State shall promulgate land price brackets and
tables, and decide on specific land prices.
Article 19. The
State shall decide on financial policies involving land
1. The State shall decide policies on financial collection
and spending involving land.
2. The State shall performs the regulation of the
added value from land which does not originate from land user’s investment
through tax police, land use levy, land rent, investment in infrastructure, and
support policies for persons having land recovered.
Article 20. The
State shall prescribe the rights and obligations of land users
The State shall prescribe the rights and obligations of land
users in conformity with the forms of land allocation, land lease, recognition
of land use rights, land use origin and financial obligations of land users.
Article 21. Exercise of the rights of the land owner
representative
1. The National Assembly shall promulgate laws and
resolutions on land; decide on national master plans and plans on land use; and
exercise the supreme right to supervise over land management and use
nationwide.
2. People’s Councils at all levels shall exercise the right
to adopt local master plans and plans on land use before submitting them to
competent agencies for approval; to adopt land price tables and land recovery
to implement socio-economic development projects for the national or public
interest in their localities, according to their competence prescribed in this Law; and to supervise the
implementation of the land law in their localities.
3. The Government and People’s Committees at all levels
shall exercise the rights of the land owner representative according to their
competence prescribed in this Law.
SECTION
2. RESPONSIBILITIES OF THE STATE FOR LAND
Article 22. Contents of state management over land
1. Promulgating law normative documents on land management
and use and organizing the implementation thereof.
2. Determining administrative boundaries, compiling and
managing administrative boundary records and making administrative maps.
3. Surveying, measuring, making cadastral maps, land use
status quo maps and land use planning maps; surveying and assessing land
resources; and surveying for land pricing.
4. Managing master plans and plans on land use.
5. Managing land allocation, land lease, land recovery and
change of land use purposes.
6. Managing compensation, support and resettlement upon land
recovery.
7. Land registration, compiling and managing cadastral records, and granting certificates of land use rights and
ownership of houses and other land-attached assets.
8. Making land statistics and inventories.
9. Developing the land information system.
10. Financial management on land and land prices.
11. Managing and supervising the exercise of rights and
performance of obligations by land users.
12. Inspecting, examining, supervising, monitoring and
assessing the observance of the land law, and handling violations of the land
law.
13. Disseminating and educating about the land law.
14. Settling land-related disputes; settling complaints and
denunciations involving land management and use.
15. Managing activities of providing land-related services.
Article 23. Responsibilities for state management over land
1. The Government shall perform the unified state management
over land nationwide.
2. The Ministry of Natural Resources and Environment shall
take responsibility before the Government for the unified state management over
land.
Related ministries and ministerial-level agencies shall,
within the scope of their respective tasks and powers, assist the Government in
performing the state management over land.
3. People’s Committees at all levels shall perform the state
management over land in their localities according to their
competence prescribed in this Law.
Article 24. Land management agencies
1. The system of land management agencies shall be organized
uniformly from central level to local level.
2. The Ministry of Natural Resources and Environment is land
administration agency at the central level.
Land management agencies at the local level shall be set up
in provinces and centrally run cities, and in districts, towns and provincial
cities; land-related public service organizations shall be set up and operate
in accordance with the Government’s regulations.
Article 25. Cadastral civil servants in communes, wards and
townships
1. Communes, wards and townships must have civil servants
performing cadastral work in accordance with the Law on cadres and civil
servants.
2. Cadastral civil servants in communes, wards and townships
shall assist commune-level People’s Committees in local land management.
Article 26. The State’s guarantees for land users
1. State protects the lawful rights to use land and
land-attached assets of land users.
2. State grants the certificates of land use rights and
ownership of houses and other land-attached assets to land users who are
eligible as prescribed by law.
3. When State recovers land for national defense or security
purpose; or for socio-economic development for the national or public interest,
land users shall be entitled to compensation, support and resettlement as
prescribed by law.
4. State adopts policies in the form of vocational training,
change of occupation and job seeking to facilitate for persons directly
engaging in agriculture, forestry, aquaculture or salt production and having no
land for production due to land use restructuring or economic restructuring.
5. The State does not recognize the reclaim of land which
has been allocated to others in accordance with the State’s regulations in the
process of implementing the land policy of the State of the Democratic Republic
of Vietnam, the Provisional Revolutionary Government of the Republic of South
Vietnam and the State of the Socialist Republic of Vietnam.
Article 27. Responsibilities of the State for residential
and agricultural land applicable to ethnic minorities
1. To adopt policies on residential land and land for
community activities for ethnic minorities in conformity with their customs,
practices and cultural identities and the practical conditions of each region;
2. To adopt policies to facilitate for ethnic minorities who
are directly engaged in agricultural production in rural areas to have land for
agricultural production.
Article 28. Responsibilities of the State for the building
up and provision of land information
1. To build up and manage the land information system and
guarantee the right to access to the land information system for organizations
and individuals.
2. To promptly announce and publicize available information
in the land information system for organizations and individuals, except
confidential information as prescribed by law.
3. To notify administrative decisions and acts in the field
of land administration to organizations and individuals whose lawful rights and
interests are affected.
4. Competent state agencies and persons in land
administration and use shall facilitate and provide land information for
organizations and individuals in accordance with law.
Chapter
3. ADMINISTRATIVE BOUNDARIES AND BASE SURVEY ON LAND
SECTION
1. ADMINISTRATIVE BOUNDARIES
Article 29. Administrative boundaries
1. The Government shall direct the determination of
administrative boundaries and the compilation and management of administrative
boundary records at all levels nationwide.
The Minister of Home Affairs shall prescribe the order and
procedures for identification of administrative boundaries and the management
of boundary landmarks and administrative boundary records at all levels.
The Minister of Natural Resources and Environment shall prescribe the techniques and economic-technical
specifications for placing administrative boundary landmarks and compiling
administrative boundary records at all levels.
2. People’s Committees at all levels shall organize the
determination of administrative boundaries on the field and compilation of
administrative boundary records in their respective
localities.
Commune-level People’s Committees shall manage
administrative boundary landmarks on the field in their localities. If the
administrative boundary landmarks are lost, moved or damaged, they shall
promptly report this to the People’s Committees of districts, towns or
provincial cities (below referred to as district-level People’s Committees).
3. The administrative boundary records include paper and
electronic documents showing information on the establishment and adjustment of
administrative units and boundary landmarks and boundary lines of those
administrative units.
The superior People’s Committee shall certify the
administrative boundary records of the immediate subordinate level. The
Ministry of Home Affairs shall certify the administrative boundary records of
provinces and centrally run cities.
The administrative boundary records of a level shall be
archived at the People’s Committee of such level, the superior People’s
Committee, the Ministry of Home Affairs and the Ministry of Natural Resources
and Environment.
4. Disputes over administrative boundaries among
administrative units shall be settled by the People’s Committees of such
administrative units through their coordination.
If they fail to reach agreement or the results lead to changes in
administrative boundaries, the settlement competence is provided as follows:
a) If the dispute is related to the boundaries of provinces
or centrally run cities, the Government shall submit it to the National
Assembly for decision;
b) If the dispute is related to the boundaries of districts,
towns or provincial cities or communes, wards or townships, the Government
shall submit it to the National Assembly Standing Committee for decision.
The Ministry of Natural Resources and Environment, the land
management agencies of provinces and centrally run cities, of districts, towns
and provincial cities shall provide necessary documents and coordinate with
competent state agencies in settling disputes involving administrative
boundaries.
Article 30. Administrative maps
1. The administrative maps of a locality must be made on the
basis of administrative boundary maps of such locality.
2. The making of administrative maps must comply with the
following provisions:
a) The Ministry of Natural Resources and Environment shall
provide directions and guidelines for making
administrative maps of all levels nationwide and organize the making of
administrative maps for the whole country and provinces and centrally run
cities;
b) The People’s Committees of provinces and centrally run
cities (below referred to as provincial-level People’s Committee) shall
organize the making of administrative maps of districts, towns and provincial
cities.
SECTION
2. BASE SURVEY OF LAND
Article 31. Making and adjustment of cadastral maps
1. The measurement, drawing of cadastral maps must be
conducted in details for each land parcel in each administrative unit of
commune, ward or township.
2. The adjustment of cadastral maps is made when there are
changes in shape, dimension, area of the land parcel or other factors involving
the contents of cadastral maps.
3. The Minister of Natural Resources and Environment shall
prescribe the making, adjustment and management of cadastral maps for the whole
country and conditions for practice of cadastral measurement.
4. Provincial-level People’s Committees shall organize the
making, adjustment and management of cadastral maps in their respective localities.
Article 32. Survey and assessment activities of land
1. Survey and assessment of land include the following
activities:
a) Surveying and assessing land quality and potential;
b) Surveying and assessing land degradation and pollution;
c) Surveying and classifying agricultural land;
d) Making land statistics and conducting land inventory;
e) Surveying and making statistics on land prices;
monitoring land price changes;
f) Building up and maintaining observation and supervision
systems for land resources.
2. Survey and assessment of land include the following
contents:
a) Sampling, analyzing and making statistics on land
observation data;
b) Making maps on land quality, land potential, land
degradation, land pollution, classification of agricultural land, and land
prices;
c) Making assessment reports on land quality, land
potential, land degradation, land pollution, classification of agricultural
land, and land prices;
d) Making reports on land statistics and land inventory,
drawing land use status quo maps, and reports on land price and changes in land
prices.
Article 33. Organization of land survey and assessment
1. The Ministry of Natural Resources and Environment shall:
a) Organize, and publicize results of, survey and assessment
of land for the whole country and all regions once every 5 years and for each
theme;
b) Direct the survey and assessment of land in provinces and
centrally run cities;
c) Summarize and publish results of survey and assessment of
land nationwide.
2. Provincial-level People’s Committees shall organize, and
publicize results of, survey and assessment of land of their respective
localities, and send the results to the Ministry of Natural Resources and
Environment for summarization.
3. The Minister of Natural Resources and Environment shall
prescribe the land survey and assessment and conditions on the capacity of
units which conduct land survey and assessment.
Article 34. Land statistics and inventories and the making
of land use status quo maps
1. Land statistics and inventories include periodical land
statistics and inventories and thematic land inventories.
2. Periodical land statistics and land inventories must
comply with the following provisions:
a) Land statistics shall be made and land inventories shall
be conducted according to administrative units of communes, wards and
townships;
b) Land statistics shall be made once a year, except the
year when land inventory is conducted;
c) Land inventory shall be conducted once every 5 years.
3. The land use status quo map must
be made once every 5 years in connection with land inventory as prescribed in
Clause 2 of this Article.
4. Thematic land inventories serving the state management
must be conducted under decisions of the Prime Minister or the Minister of
Natural Resources and Environment.
5. Responsibilities for making land statistics and
conducting land inventories and making land use status quo map are prescribed
as follows:
a) The People’s Committees at all levels shall make land
statistics and conduct land inventories and make land use status quo maps of
their respective localities;
b) The results of land statistics and inventories and the
making of land use status quo maps of localities shall be reported to the
immediate superior People’s Committees by the People’s Committees at commune
and district levels, reported to the Ministry of Natural Resources and
Environment by the provincial-level People’s Committees;
c) The Ministry of National Defense and the Ministry of
Public Security shall assume the prime responsibility for, and coordinate with
provincial-level People’s Committees in, making statistics and conducting
inventories on land used for national defense or security purpose, and send
reports on their results to the Ministry of Natural Resources and Environment;
d) The
Ministry of Natural Resources and Environment shall summarize and report to the
Prime Minister and publicize the results of annual land statistics and 5-year
land inventories for the whole country.
6. The Minister of Natural Resources and Environment shall
detail the making of land statistics, conducting of land inventories and making
of land use status quo maps.
Chapter
4.MASTER PLANS, PLANS ON LAND USE
Article 35. Principles of formulation of master plans and
plans on land use
1. To conform to strategies, master plans and plans on
socio-economic development, national defense and security.
2. To be formulated from the master level to detailed level;
the master plan on land use of the subordinate level must conform to the master
plan on land use of the superior level; and the land use plans must conform to
the master plan on land use approved by competent state agencies. The national
master plan on land use must take into account specific characteristics and
linkages of the socio-economic regions; and the district-level master plan on
land use must demonstrate the contents of the commune-level land use.
3. To use land economically and efficiently.
4. Reasonable exploitation of natural resources and
environmental protection; climate change adaptation.
5. To protect and embellish cultural-historical relics and
scenic spots.
6. To be democratic and public.
7. To ensure priority for using the land fund for the
purposes of national defense and security, serve national and public interests,
food security and environmental protection.
8. Master plans and plans of the sectors, fields and
localities that use land must conform to the master plans, plans on land use
already decided or approved by competent state agencies.
Article 36. System of master plans and plans on land use
1. National master plans and plans on land use.
2. Provincial-level master plans, plans on land use.
3. District-level master plans, plans on land use.
4. Master plans, plans on land use for national defense.
5. Master plans, plans on land use for security.
Article 37. Periods of master plans and plans on land use
1. The period of master plan on land use is 10 years.
2. The period of land use plans at the national and
provincial levels and for national defense and security is 5 years.
District-level land use plans must be made every year.
Article 38. National master plan on land use and plan
1. The national master plan on land use must be formulated
based on:
a) National strategies for socio-economic development,
national defense and security; master plans on the development of
socio-economic regions; and strategies and master plans for development of
sectors, fields;
b) Natural and socio-economic conditions;
c) Current land use status, land potential and results of
implementation of the national master plan on land use in the previous period;
d) Land use demands of all sectors and fields;
e) Scientific and technological advances involving land use.
2. The national master plan on land use includes the
following contents:
a) Orientation for land use in 10 years;
b) Determination of land use targets for agricultural land,
non-agricultural land, unused land, including the determination of the areas of
paddy land, land used only for wet rice farming, land for protective forest,
land for special-use forest, land for production forest, aquaculture land,
salt-production land, land for national defense or security purpose, land for
industrial parks, land for export processing zones, land for hi-tech zones,
land for economic zones, land for national infrastructure development, land for
cultural-historic relics and scenic spots, urban land and land for waste dump
and treatment;
c) Determination of the areas of the land types specified at
Point b this Clause in the planning period for each provincial-level administrative
unit and each socio-economic region;
d) The land use-planning maps at the national level and of
socio-economic regions;
e) Solutions for implementation of the master plan on land
use.
3. The national land use plan must be formulated based on:
a) The national master plan on land use;
b) The 5-year and annual socio-economic development plans of
the whole country;
c) Land use demands in 5 years of all sectors and fields;
d) Results of implementation of the national land use plan
in the previous period;
e) Ability to invest and mobilize resources for implementing
the land use plan.
4. The national land use plan includes the following
contents:
a) Analysis and evaluation of the implementation of the
national land use plan in the previous period;
b) Determination of the areas of the land types specified at
Point b, Clause 2 of this Article in the 5-year land use plan;
c) The 5-year land use plans for each provincial-level
administrative unit and each socioeconomic region;
d) Solutions for implementation of the land use plan.
Article 39. Provincial-level master plans, plans on land use
1. A provincial-level master plan on land use must be
formulated based on:
a) The national master plan on land use;
b) The master plans for socio-economic development of the socio-economic
region and the province or centrally run city; the strategies and master plans
on development of sectors and fields;
c) Natural and socio-economic conditions of the province or
centrally run city;
d) Current land use status, land potential and results of
implementation of the provincial-level master plan on land use in the previous
period;
e) Land use demands of all sectors and fields and of the
province;
f) Land use quotas;
g) Scientific and technological advances involving land use.
2. A provincial-level master plan on land use has the
following contents:
a) Orientation for land use in 10 years;
b) Determination of the areas of the land types already
allocated in the national master plan on land use and the areas of the land
types in accordance with provincial-level land use demands;
c) Determination
of land use zones by land use function;
d) Determination of the areas of the land types specified at
Point b of this Clause for each district-level administrative unit;
e) The provincial-level land use-planning map;
f) Solutions for implementation of the master plan on land
use.
3. The provincial-level land use plans must be formulated
based on:
a) The national 5-year land use plan; the provincial-level
master plan on land use;
b) The provincial-level 5-year and annual socio-economic
development plans;
c) Land use demands in 5 years of all sectors and fields and
the province;
d) Results of implementation of the provincial-level land
use plan in the previous period;
e) Ability to invest and mobilize resources for implementing
the land use plan.
4. A provincial-level land use plan has the following
contents:
a) Analysis and evaluation of the implementation of the
provincial-level land use plan in the previous period;
b) Determination of the areas of the land types specified at
Point b, Clause 2 of this Article in the land use plan period for each year and
each district-level administrative unit;
c) Determination of the areas of the land types for which
land use purposes need to be changed as prescribed at Points a, b, c, d and f,
Clause 1, Article 57 of this Law in the land use plan period for each year and
each district-level administrative unit;
d) Determination of the areas and locations of national and
provincial-level construction works and projects which use land for the
purposes prescribed in Articles 61 and 62 of this Law in the land use plan
period for each year and each district-level administrative unit.
For projects on technical infrastructure, construction,
embellishment of urban centers and rural residential areas, the determination
of locations and areas of recovered land in the adjacent areas must be
conducted concurrently in order to put land use rights up for auction to
implement housing, trading, service, production and business projects;
e) Making the provincial-level land use plan map;
f) Solutions for implementation of the land use plan.
Article 40. District-level
master plans, plans on land use
1. A district-level master plan on land use must be
formulated based on:
a) The provincial-level master plan on land use;
b) The
master plans for socio-economic development of the province and district;
c) Natural and socio-economic conditions of the district,
town or provincial city;
d) The current land use status, land potential and results
of implementation of the district-level master plan on land use in the previous
period;
e) Land use demands of all sectors and fields, the district
and communes;
f) Land use quotas;
g) Scientific and technological advances involving land use.
2. A district-level master plan on land use has the
following contents:
a) Orientation for land use in 10 years;
b) Determination of the areas of the land types already
allocated in the provincial-level master plan on land use and the areas of land
types in accordance with land use demands of the district and communes;
c) Determination of land use zones by land use function for
each commune-level administrative unit;
d) Determination of the areas of land types prescribed at
Point b of this Clause for each commune-level administrative unit;
e) The district-level land use planning map in which the
zones already planned for paddy land and for changes of land use purposes as
prescribed at Points a, b, c, d and f, Clause 1, Article 57 of this Law must be
demonstrated in detail for each commune-level administrative unit;
f) Solutions for implementation of the master plan on land
use.
3. A district-level annual land use plan must be formulated
based on:
a) The provincial-level land use plan;
b) The district-level master plan on land use;
c) Land use demands in the planning year of all sectors,
fields and levels;
d) Ability to invest and mobilize resources for implementing
the land use plan.
4. A district-level annual land use plan has the following
contents:
a) Analysis and evaluation on the implementation result of
the land use plan in the previous year;
b) Determination of the areas of the land types already
allocated in the provincial-level land use plan and the area of land types in
accordance with land use demands of the district and communes in the planning
year;
c) Determination
of the areas and locations of land to be recovered to implement construction
works and projects which use land for the purposes prescribed in Articles 61
and 62 of this Law in the planning year for each commune-level administrative
unit.
For the projects on technical infrastructure, construction,
embellishment of urban centers and rural residential areas, the determination
of locations and areas of the recovered land in the adjacent area must be
conducted concurrently in order to put up land use rights for auction to
implement housing, trading, service, production and business projects;
d) Determination of the areas of land types of which land
use purposes need to be changed as prescribed at Points a, b, c, d and f,
Clause 1, Article 57 of this Law in the planning year and for each
commune-level administrative unit;
e) District-level annual land use plan map;
f) Solutions for implementation of the land use plan.
5. Urban districts of which the urban master plans have been
approved by competent state agencies shall are not required making master plan
on land use but must formulate annual land use plans; in case the urban master
plan of an urban district is inconsistent with the area allocated in the
provincial-level master plan on land use, it must be adjusted in accordance
with the provincial-level master plan on land use.
Article 41. Master plans, plans on land use for national
defense or security purpose
1. A master plan on land use for national defense or
security purpose must be formulated based on:
a) The national master plan on land use;
b) Strategies for socio-economic development, national
defense and security and master plans for the development of socio-economic
regions;
c) Natural and socio-economic conditions;
d) The current land
use status, land potential and results of implementation of the master plan on
land use for national defense or security purpose in the previous period;
e) The land use demands for national defense or security;
f) Land use quotas;
g) Scientific and technological advances involving land use.
2. A master plan on land use for national defense or
security purpose has the following contents:
a) Orientation for land use for national defense or security
purpose;
b) Determination
of land use demands for national defense or security purpose in the planning
period in accordance with the master plan for socio-economic development,
national defense and security and national plan for socio-economic development;
c) Determination of the locations and areas of land for
national defense or security purpose which may be re-allocated to localities
for management and use for socio-economic development;
d) Solutions for implementation of the master plan on land
use for national defense or security purpose.
3. A land use plan for national defense or security purpose
must be formulated based on:
a) The national 5-year land use plan and the master plan on
land use for national defense or security purpose;
b) The land use demands in 5 years for national defense or
security purpose;
c) Results of implementation of the land use plan for
national defense or security purpose in the previous period;
d) Ability to invest and mobilize resources for implementing
the land use plan for national defense or security purpose.
4. A land use plan for national defense or security purpose
has the following contents:
a) Analysis and evaluation of the implementation result of
the land use plan for national defense or security purpose in the previous period;
b) Determination of the locations and areas of land which
shall be used for national defense or security purpose in the 5-year land use
plan and detailed for each year;
c) Determination in detail of the locations and areas of
land for national defense or security purpose which may be re-allocated to
localities in the 5-year period;
d) Solutions for implementation of the land use plan for
national defense or security purpose.
Article 42. Responsibilities for formulating master plans,
plans on land use
1. The Government shall organize the formulation of national
master plans and plans on land use. The Ministry of Natural Resources and
Environment shall assume the prime responsibility for assisting the Government
in formulating national master plans and plans on land use.
2. Provincial-level People’s Committees shall organize the
formulation of provincial- level master plans, plans on land use.
District-level People’s Committees shall organize the development of
district-level master plans, plans on land use.
Provincial- and district-level land management agencies
shall assume the prime responsibility for assisting their respective People’s
Committees in the formulation of master plans and plans on land use.
3. The Ministry of National Defense shall organize the
formulation of master plans and plans on land use for national defense. The
Ministry of Public Security shall organize the formulation of master plans and
plans on land use for security.
4. The Government shall detail this Article.
Article 43. Consultations on master plans, plans on land use
1. The agencies which organize the formulation of master
plans and plans on land use as prescribed in Clauses 1 and 2, Article 42 of
this Law shall organize consultations with the people on master plans, plans on
land use.
2. The forms, contents and timing of consultation with the
people on master plans, plans on land use must comply with the following
provisions:
a) The consultations with the people on national and
provincial-level master plans, plans on land use must be conducted in the form
of publicizing the contents of master plans and plans on land use on the
websites of the Ministry of Natural Resources and Environment and the
provincial- level People’s Committees. The consultations with the people on
district-level master plans, plans on land use must be conducted in the form of
organizing meetings, direct consultation and publicizing the contents of master
plans and plans on land use on the websites of provincial-level and
district-level People’s Committees.
b) The consultations with the people on master plans, plans
on land use must be conducted on the targets of master plans and plans on land
use, projects and construction works to be implemented during the master plan
on land use and plan periods;
c) The consultations with the people on master plans, plans
on land use must be conducted within 30 days after competent state agencies
decide to conduct consultations.
3. Agencies responsible for conducting consultations with
the people on master plans, plans on land use prescribed in Clause 1 of this
Article shall prepare reports on summarization, assimilation and explanation of
the people’s opinions, and improve the master plans, plans on land use before
submitting to the appraisal board for master plans, plans on land use.
4. For master plans, plans on land use for national defense
or security purpose, the Ministry of National Defense and the Ministry of
Public Security shall conduct consultations with provincial- level People’s
Committees in the course of formulation of master plans and plans on land use.
5. The Government shall detail this Article.
Article 44. Appraisal of master plans and plans on land use
1. Competence to establish the appraisal board for master
plans, plans on land use:
a) The Prime Minister may establish an appraisal board for
national master plans and plans on land use.
The Ministry of Natural Resources and Environment shall
assist this appraisal board during the process of appraising master plans,
plans on land use;
b) The Minister of Natural Resources and Environment may
establish an appraisal board for master plans, plans on land use for national
defense or security purpose, and for provincial-level master plans, plans on
land use.
Land management agencies at central level shall assist this
appraisal board during the process of appraising master plans, plans on land
use;
c) The chairperson of a provincial-level People’s Committee
may establish an appraisal board for district-level master plans, plans on land
use.
Land management agencies at provincial and district levels
shall assist this appraisal board in appraising master plans, plans on land
use.
2. The appraisal boards for master plans, plans on land use
at all levels shall appraise and send the notices of appraisal results of land
use master plans and plans to the agencies in charge of organizing the
formulation of master plans and plans on land use as prescribed in Article 42
of this Law. The agencies in charge of organizing the formulation of master
plans and plans on land use shall assimilate and explain the contents stated in
the notices of appraisal results of land use master plans and plans.
In case of necessity, the appraisal board for master plans,
plans on land use shall organize the examination and field survey of the areas
for which the land use purposes are planned to change, especially changing of
paddy land, land for protective forest and land for special-use forest.
3. The appraisal of a master plan on land use covers the
following contents:
a) Legal and scientific bases for the formulation of the
master plan on land use;
b) The extent of conformity of the master plan on land use
with strategies and master plans for socio-economic development, national
defense and security of the whole country and the locality, and with the master
plans for development of sectors and fields;
c) Socio-economic and environmental effects;
d) The feasibility of the master plan on land use.
4. The appraisal of a land use plan covers the following
contents:
a) The extent of conformity of the land use plan with the
master plan on land use;
b) The extent of conformity of the land use plan with the
plan for socio-economic development;
c) The feasibility of the land use plan.
5. The fund for appraisal of master plans and plans on land
use shall be determined as a separate item in the fund for formulation of
master plans and plans on land use.
Article 45. Competence to decide and approve master plans,
plans on land use
1. The National Assembly shall decide on national master
plans and plans on land use;
2. The Government shall approve provincial-level master
plans, plans on land use, master plans, plans on land use for national defense
purpose and master plans, plans on land use for security purpose.
Provincial-level People’s Committees shall submit
provincial-level master plans, plans on land use to their respective People’s
Councils for adoption before submitting them to the Government for approval.
3. Provincial-level People’s Committee shall approve
district-level master plans, plans on land use.
District-level People’s Committees shall submit
district-level master plan on land use to their People’s Councils for adoption
before submitting them to the provincial-level People’s Committee for approval.
District-level People’s Committees shall submit annual land
use plans to the provincial-level People’s Committee for approval.
Provincial-level People’s Committees shall submit to their People’s Councils
for adoption the lists of projects for which land needs to be recovered as
prescribed in Clause 3, Article 62 of this Law, before approving the
district-level annual land use plans.
Article 46. Adjustment of master plans and plans on land use
1. Adjustment of a master plan on land use is only conducted
in the following cases:
a) There are adjustments to the strategies for
socio-economic development, national defense, and security or master plan for
development of socio-economic regions and such adjustments result in change of
land use structure;
b) Natural
disasters or wars result in changes in the land use purposes, structure,
locations and area;
c) There are adjustments in the master plan on land use of
the immediate superior level which affect the master plan on land use of the
concerned level;
d) There are adjustments to local administrative boundaries.
2. Adjustments to a land use plan are only conducted when
there are adjustments in the master plan on land use or there are changes in
the ability to implement the land use plan.
3. Adjustments to a master plan on land use are part of the
approved Master plan on land use. Adjustments to a land use plans are part of
the approved land use plan.
The adjustment of master plans and plans on land use must be
conducted under Articles 42, 43, 44 and 48 of this Law.
4. The state agencies competent to decide on or approve
master plans, plans on land use at a certain level have competence to decide on
or approve adjustments to master plans, plans on land use at that level.
Article 47. Consultancy on formulation of master plans and
plans on land use
1. In the process of formulation of master plans and plans
on land use, the agencies in charge of formulation of master plans and plans on
land use may hire consultants to formulate master plans, plans on land use.
2. The Government shall prescribe the conditions for
organizations and individuals to provide consultancy on formulation of master
plans and plans on land use.
Article 48. Publicization of master plans and plans on land
use
1. The master plans, plans on land use at national,
provincial and district levels must be publicized after being decided or
approved by competent state agencies.
2. Responsibilities for publicizing master plans, plans on
land use are prescribed as follows:
a) The Ministry of Natural Resources and Environment shall
publicize the national master plans and plans on land use at its head office
and on its website;
b) Provincial-level People’s Committees shall publicize
provincial-level master plans and plans at their head offices and on their
websites;
c) District-level People’s Committees shall publicize
district-level master plans, plans on land use at their head offices and on
their websites and the contents of district-level master plans, plans on land
use involving communes, wards and townships at the head offices of
commune-level People’s Committees.
3. Timing and duration for publicizing master plans, plans
on land use are prescribed as follows:
a) The master plans, plans on land use must be publicized
within 30 days from the date they are decided or approved by competent state
agencies;
b) The publicity is implemented throughout periods of the
master plans, plans on land use.
Article 49. Implementation of master plans and plans on land
use
1. The Government shall organize and direct the
implementation of the national master plans and plans on land use.
The Prime Minister shall, based on national land use targets
which have been decided by the National Assembly, allocate land use targets for
provinces and centrally run cities, the Ministry of National Defense and the
Ministry of Public Security.
Provincial- and district-level People’s Committees shall
implement Master plans, plans on land use of their respective localities.
Commune-level People’s Committees shall implement Master
plans, plans on land use in their communes.
The Ministry of National Defense and the Ministry of Public
Security shall implement Master plans, plans on land use for national defense
or security, respectively.
2. If the master plan on land use has been publicized but
the annual district-level land use plan is not yet available, land users may
continue using land and exercise the rights of land users as prescribed by law.
If the district-level annual land use plans are available,
land users for whom the land use purposes are to be changed or whose land is to
be recovered in accordance with the plans may continue exercising the rights of
land users, but may not build new houses or construction works or plant
perennial crops. They shall apply for permission from competent state agencies
before repairing or renovating existing houses or construction works.
3. If a land area is to be recovered for implementation of a
project or for change of land use purpose as indicated in the publicized annual
district-level land use plan, but the decision to recover land has not been issued
or the change of land use purpose has not been approved within 3 years, the
state agency that has competence to approve the land use plan shall adjust or
cancel the recovery or change of land use purpose and shall publicize such
adjustment or cancellation for part of land stated in plan on land use.
In case the state agency that has competence to approve the
land use plan fails to adjust or cancel, or does adjust or cancel but fails to
publicize such adjustment or cancellation, land users are not subject to the
limitation of rights as prescribed in Clause 2 of this Article.
4. At the end of the master plan on land use period, the
land use targets that have not fully been implemented may continue to be
implemented until the master plan on land use of the subsequent period is
decided or approved by competent state agencies.
5. The Government shall detail the organization of the
implementation of master plans and plans on land use.
Article 50. Report on implementation of master plans and
plans on land use
1. The responsibility to make annual reports on results of
implementation of master plans and plans on land use is prescribed as follows:
a) The People’s Committees at commune and district levels
shall send reports on results of implementation of master plans and plans on
land use to the direct superior People’s Committees. Provincial-level People’s
Committees shall send report on results of implementation of master plans and
plans on land use to the Ministry of Natural Resources and Environment;
b) The Ministry of National Defense or the Ministry of
Public Security shall send reports on results of implementation of master plans
and plans on land use for national defense or security purpose to the Ministry
of Natural Resources and Environment;
c) The Ministry of Natural Resources and Environment shall
summarize the annual results of implementation of master plans and plans on
land use of the whole country in a report to the Government for submission to
the National Assembly at the year-end session.
2. The report on results of implementation of the annual
land use plan for the last year of the first land use plan period must be
enclosed with the review report on the implementation of the whole land use
plan period.
The report on results of implementation of the annual land
use plan for the last year of the master plan on land use period must be
enclosed with the review report on the implementation of the last land use plan
period and the review report on the implementation of the whole master plan on
land use period.
Article 51. Settlement
of problems arising in master plans, plans on land use after this Law takes
effect
1. When formulating the land use plans for 5 years
(2016-2020), the master plans, plans on land use that have been decided or
approved by competent state agencies prior to the effective date of this Law
must be reviewed and additionally surveyed for adjustment in accordance with
this Law.
2. If the district-level master plan on land use and plan
have not yet been approved by competent state agencies when this Law takes
effect, the land recovery, land allocation, land lease, recognition of land use
rights and change of land use purpose must be conducted in accordance with the
provincial land use plans and the list of projects for socio-economic development
of the district concerned which is prepared and submitted by the district-level
People’s Committee to the provincial-level People’s Committee for decision.
The approval of district-level master plans, plans on land
use must be completed within 01 year after this Law takes effect.
Chapter
5.LAND ALLOCATION, LAND LEASE AND CHANGE OF LAND USE PURPOSE
Article 52. Bases for land allocation, land lease and change
of land use purpose
1. The annual district-level land use plans which have been
approved by competent state agencies.
2. Land use demands as indicated in investment project
documents or in applications for land allocation, land lease or change of land
use purpose.
Article 53. Allocation
or lease of land which is currently used by a person to another
The State’s decision on allocation or lease of land which is
already being used by a person to another may be made only after a competent
state agency decides on land recovery in accordance with this Law and the
compensation, support and resettlement have been completed in accordance with
law in case ground clearance is required.
Article 54. Land allocation without land use levy
The State shall allocate land without land use levy in the
following cases:
1. Households and individuals directly engaged in
agriculture, forestry, aquaculture or salt production to whom agricultural land
is allocated within the quotas prescribed in Article 129 of this Law;
2. Persons who use protective forest land, special-use
forests or production forests which are natural forests, for office
construction, for national defense or security purpose, for noncommercial
public use, for cemeteries and graveyards which fall outside the cases
prescribed in Clause 4, Article 55 of this Law;
3. Public non-business
organizations that are not self-financed and use land for office construction.
4. Organizations that use land for construction of
resettlement houses under the State’s projects.
5. Communities using agricultural land; religious
establishments using non-agricultural land as prescribed in Clause 1, Article
159 of this Law.
Article 55. Land allocation with land use levy
The State shall allocate land and collect land use levy in
the following cases:
1. Households and individuals that are allocated residential
land;
2. Economic organizations that are allocated land to
implement investment projects on construction of houses for sale or a
combination of sale and lease;
3. Overseas Vietnamese and foreign-invested enterprises that
are allocated land to implement investment projects for the construction of
houses for sale or for a combination of sale and lease;
4. Economic organizations that are allocated land to
implement investment projects on infrastructure of cemeteries and graveyards
for transfer of land use rights together with the infrastructure.
Article 56. Land lease
1. The State may lease land and collect an annual land
rental or full one-off rental for the entire lease period in the following
cases:
a) Households and individuals that use land for the purpose
of agriculture, forestry, aquaculture or salt production;
b) Households and individuals that need to further use
agricultural land that exceeds the land allocation quotas prescribed in Article
129 of this Law;
c) Households and individuals that use land for trading and
services, mining activities, production of construction materials, production
of ceramic products, and non-agricultural production establishments;
d) Households and individuals that use land for construction
of public facilities for commercial purpose;
e) Economic organizations, overseas Vietnamese and
foreign-invested enterprises that use land to implement investment projects in
agriculture, forestry, aquaculture or salt production, for non-agricultural
business and production purpose, for construction of public facilities for
commercial purpose, and for implementation of investment projects on houses for
lease;
f) Economic organizations, self-financed public non-business
organizations, overseas Vietnamese and foreign-invested enterprises that use
land for construction of non-business facilities;
g) Foreign organizations with diplomatic functions that use
land to build offices.
2. The State may lease land to and collect annual rentals
from people’s armed forces units for the purpose of agriculture, forestry, aquaculture
or salt production, or in combination with national defense or security tasks.
Article 57. Change of land use purpose
1. Cases in which change of land use purpose requires
permission by competent state agencies:
a) Change of land for rice cultivation to land for perennial
crops, forests, aquaculture or salt production;
b) Change of land for other annual crops to land for
saltwater aquaculture, salt production or aquaculture in ponds, lakes or
marshlands;
c) Change of special-use forest land, protective forests or
production forests to land for other purposes within the type of agricultural
land;
d) Change of agricultural land to non-agricultural land;
e) Change of non-agricultural land which is allocated by the
State without land use levy to non-agricultural land which is allocated by the
State with land use levy, or to leased land;
f) Change of non-agricultural land which is not residential
land to residential land;
g) Change of land for construction of non-business
facilities or land for public purposes involving commercial purpose, or
non-agricultural land for business and production purposes which is not land
for trading or services to land for trading or services; change of land for
trading or services or land for construction of non-commercial facilities to
land for non-agricultural production establishments.
2. When changing the land use purpose under Clause 1 of this
Article, land users shall fulfill financial obligations as prescribed by law.
The land use regime and the rights and obligations of land users are those
applicable to the type of the land used for the new purpose.
Article 58. Conditions for land allocation, land lease and
change of land use purpose to implement investment projects
1. For investment projects that use paddy land or protective
forest land or land for special- use forests for other purposes and are other
than those to be decided by the National Assembly or approved in principle by
the Prime Minister, competent state agencies may only decide on land allocation
or land lease or permit change of land use purpose when one of the following
documents is available:
a) The written approval by the Prime Minister for change of
land use purpose for the paddy land with an area of 10 ha or more, and for
protective forest or special-use forest with a land area of 20 ha or more;
b) The resolution of the provincial-level People’s Council
for change of land use purpose for the paddy land with an area less than 10 ha,
and for protective forest or special-use forest with a land area less than 20
ha.
2. For investment projects which use land on islands or in
border or coastal communes, wards or townships, competent state agencies may
only decide on land allocation, land lease or change of land use purpose upon
receiving written approval from related ministries and agencies.
3. Those who are allocated land or leased land by the State,
or permitted by the State to change land use purpose to implement investment
projects must meet the following conditions:
a) Having financial capacity to ensure the land use
according to the investment project’s schedule;
b) Paying a deposit in accordance with the investment law;
c) Not violating the land law if they are implementing other
projects on the state-allocated or -leased land.
4. The Government shall detail this Article.
Article 59. Competence to allocate, lease land and approve
change of land use purpose
1. Provincial-level People’s Committees may decide on the
allocation or lease of land, and permit change of land use purpose in the
following cases:
a) Allocation or lease of land to, and permission for change
of land use purpose for, organizations;
b) Allocation of land to religious establishments;
c) Allocation of land to overseas Vietnamese or
foreign-invested enterprises under Clause 3, Article 55 of this Law;
d) Lease of land to overseas Vietnamese or foreign-invested
enterprises under Points e and f, Clause 3, Article 56 of this Law;
2. District-level People’s Committees may decide on the
allocation or lease of land, and permit change of land use purpose in the
following cases:
a) Allocation or lease of land to, and permission of change
of land use purpose for, households and individuals. If these subjects wish to
lease or use agricultural land with an area of 0.5 ha or more for trading and
service purposes, written approval from the provincial-level People’s Committee
is required before the district-level People’s Committee makes decision;
b) Allocation of land to communities.
3. Commune-level People’s Committees may lease land from the
agricultural land fund for public purposes in their communes, wards or
townships.
4. Agencies having the competence to decide on land
allocation or lease and permit change of land use purpose as prescribed in
Clauses 1 and 2 of this Article may not delegate their competence.
Article 60. Handling of cases of land allocation and land
lease which are decided prior to the effective date of this Law
1. Economic organizations, households, individuals and
overseas Vietnamese that are eligible to lease land in accordance with this Law
and are allocated land with land use levy by the State prior to the effective
date of this Law, may continue using the land for the remaining land use term
without having to change to lease land. Upon the expiry of the land use term,
if permitted to extend the land use term by a competent state agency, they
shall change to lease land in accordance with this Law.
2. Organizations, households, individuals and overseas
Vietnamese who are eligible to lease land in accordance with this Law and are
allocated land by the State without land use levy prior to the effective date
of this Law, shall change to lease land from the effective date of this Law and
pay land rental.
3. Economic organizations, households, individuals and
overseas Vietnamese that are eligible to lease land in accordance with this Law
and lawfully acquire land use rights prior to the
effective date of this Law, may continue using the land for the remaining land
use term without having to change to lease land in accordance with this Law.
4. Economic organizations that are eligible to lease land in
accordance with this Law and lawfully acquire agricultural land use rights from
households or individuals that are allocated land without land use levy by the
State to implement investment projects in agricultural production prior to the
effective date of this Law, may continue using the land for the remaining land
use term without having to change to lease land in accordance with this Law.
5. Overseas Vietnamese and foreign-invested enterprises that
lease land with full one-off rental payment for the entire lease period to
implement investment projects on construction of houses for sale or for a
combination of sale and rent prior to the effective date of this Law, may
continue using the land for the remaining land use term, or change to land
allocation with land use levy in accordance with this Law if they have demand.
Chapter
6.LAND RECOVERY, LAND REQUISITION, COMPENSATION, SUPPORT AND RESETTLEMENT
Section
1. LAND RECOVERY AND LAND REQUISITION
Article 61. Land
recovery for national defense or security purpose
The State may recover land for national defense or security
purpose in the following cases:
1. Land for military barracks or offices;
2. Land for construction of military bases;
3. Land for construction of national defense works, battle
fields and special works of national defense or security;
4. Land for military railway stations and ports;
5. Land for industrial, scientific and technological,
cultural or sports facilities that directly serve national defense or security
purpose;
6. Land for warehouses for the people’s armed forces;
7. Land for shooting grounds, training grounds, and weapon
testing and destroying sites;
8. Land for training institutions and centers, hospitals and
sanatoriums of the people’s armed forces;
9. Land for construction of public-duty houses of the
people’s armed forces;
10. Land for detention and re-education institutions managed
by the Ministry of National Defense or the Ministry of Public Security.
Article 62. Land recovery for socio-economic development in
the national or public interest
The State may recover land for socio-economic development in
the national or public interest in the following cases:
1. Implementation of projects of national importance which
are approved in principle by the National Assembly for which land must be
recovered.
2. Implementation of projects which are approved or decided
by the Prime Minister, including:
a) Projects on construction of industrial parks, export
processing zones, hi-tech zones, economic zones, new urban centers; investment
projects funded with official development assistance (ODA) capital;
b) Projects on construction of offices of state agencies,
central political and socio-political organizations, offices of foreign organizations
with diplomatic functions; ranked historical-cultural relics and scenic spots,
parks, squares, statutes, monuments and national public non-business
facilities;
c) Projects for construction of national technical
infrastructure including transport, irrigation, water supply and drainage,
electricity and communication facilities; oil and gasoline pipelines and
depots; national reserve warehouses; facilities for waste collection and
treatment.
3. Implementation of projects which are approved by provincial-level
People’s Councils for which land must be recovered, including:
a) Projects on construction of offices of state agencies,
political and socio-political organizations; ranked historical-cultural relics
and scenic spots, parks, squares, statutes, monuments, and local public
non-business facilities;
b) Projects on construction of local technical
infrastructure including transport, irrigation, water supply and drainage,
electricity, communication and urban lighting works; facilities for waste
collection and treatment;
c) Projects on construction of common activities of the
communities; projects on resettlement, dormitories for students, social houses,
and public-duty houses; construction of religious establishments, public
culture, sports and entertainment and recreation centers; markets; graveyards,
cemeteries, funeral service centers and cremation centers;
d) Projects on construction of new urban centers and rural
residential areas; on improvement of urban areas and rural residential areas;
industrial clusters; concentrated zones for production and processing of
agricultural, forestry, aquaculture and seafood products; and projects on
development of protective forests or special-use forests;
dd) Mining projects that are licensed by competent agencies, except
mining of minerals for use as common construction materials, peat, and minerals
in scattered and small mining areas, and salvage mining.
Article 63. Bases for land recovery for national defense or
security purpose; for socio-economic development in the national or public
interest
Land recovery for national defense or security purpose; for
socio-economic development in the national or public interest must be based on
the following:
1. The projects require land recovery as prescribed in
Articles 61 and 62 of this Law.
2. The annual district-level land use plans which are
approved by competent state agencies.
3. The land use schedule of the projects.
Article 64. Land recovery due to violations of land law
1. Cases of land recovery due to violations of the land law
include:
a) Land is not used for the purposes for which land has been
allocated, leased, or land use rights have been recognized by the State and the
land users, after having been sanctioned administratively for using land for
improper purposes, still continue committing the violation;
b) Land users intentionally damage land;
c) Land was allocated or leased to wrong subjects or ultra
vires;
d) Land that is ineligible for transfer or donation as
prescribed in this Law is transfeưed or
donated;
e) Land that is allocated by the State for management is
encroached or occupied;
f) Land that is ineligible for transfer of land use rights
as prescribed by this Law is encroached or occupied due to the irresponsibility
of land users;
g) Land users who fail to fulfill obligations to the State
and have been administratively sanctioned for such violation but do not comply;
h) Land for annual crops that is not used for 12 consecutive
months; land for perennial plants that is not used for 18 consecutive months;
land for afforestation that is not used for 24 consecutive months;
i) Land that is allocated or leased for implementing
investment projects is not used within 12 consecutive months, or the land use
schedule is 24 months late compared with the schedule stated in the project
documents since the hand-over in the field. In case of not putting the land
into use, the land use term may be extended 24 months and the investors shall
pay a sum of money equivalent to the total land use levy or land rental for the
delayed period. If the investors still fail to put the land into use when the
extended time is over, the State shall recover the land without compensation
for land and land-attached assets, except due to force majeure.
2. Land recovery due to violations of the land law must be
based on documents and decisions issued by state agencies which are competent
to determine violations of the land law.
3. The Government shall detail this Article.
Article 65. Land recovery due to termination of land use in
accordance with law, voluntary return of land or risks of threatening human
life
1. Cases of land recovery due to termination of land use in
accordance with law, voluntary return of land or risks threatening human life
include:
a) Organizations to which land is allocated by the State
without land use levy, or organizations to which land is allocated with land
use levy and the land use levy is originated from the state budget, are
dissolved, go bankrupt, move to another place, or have lower or no land use
demand; land users which lease land with annual rental payment are dissolved,
go bankrupt, move to another place, or have lower or no land use demand;
b) Individual land users die without any heir;
c) Land users return the land voluntarily;
d) Land is allocated or leased by the State for definite
periods and such periods expired without extension allowed;
e) Land is located in environmentally polluted areas which
bears the risks of threatening human life;
f) Land having risks of being eroded or sunk or otherwise
affected by other natural disasters threatening human life.
2. Land recovery prescribed in Clause 1 of this Article must
be based on the following:
a) For the case of land recovery prescribed at Point a,
Clause 1 of this Article, the document of a competent agency which has taken
legal effect;
b) For the case of land recovery prescribed at Point b,
Clause 1 of this Article, the death certificate or the decision declaring that
the individual concerned is dead in accordance with law and the document issued
by the commune-level People’s Committee of the locality where the individual
concerned resides, confirming that he)she has no heir;
c) For the case of land recovery prescribed at Point c,
Clause 1 of this Article, the document of the land user on the return of land;
d) For
the case of land recovery prescribed at Point d, Clause 1 of this Article, the
decision on land allocation or land lease;
e) For the case of land recovery prescribed at Point e and
Point f, Clause 1 of this Article, the decision issued by a competent state
agency determining the extent to which land is environmentally polluted,
eroded, sunk, or otherwise affected by another natural disaster which threatens
human life.
3. The Government shall detail this Article.
Article 66. Competence to recover land
1. Provincial-level People’s Committee may decide on land
recovery in the following cases:
a) Recovery of land from organizations, religious
establishments, overseas Vietnamese, foreign organizations with diplomatic
functions, and foreign-invested enterprises, excluding the case prescribed at
Point b, Clause 2 of this Article;
b) Recovery of agricultural land which is part of the public
land funds of communes, wards or townships.
2. District-level People’s Committees may decide on land
recovery in the following cases:
a) Recovery of land from households, individuals and
communities;
b) Recovery of land from overseas Vietnamese who are allowed
to own houses in Vietnam.
3. In case both subjects prescribed in Clauses 1 and 2 of
this Article exist in one recovered area, the provincial-level People’s
Committee shall decide on the land recovery or authorize district-level
People’s Committees to decide on the land recovery.
Article 67. Notification of land recovery and compliance
with decisions on land recovery for national defense or security purpose; or
for socio-economic development in the national or public interest
1. Before issuing a decision on land recovery, at least 90
days prior to the recovery of agricultural land or 180 days prior to the
recovery of non-agricultural land, competent state agencies shall notify the
land users of the land recovery. The contents to be notified include land
recovery, investigation, survey, measurement and inventory plans.
2. In case land users whose land is recovered agree on the
land recovery plan prior to the time limit prescribed in Clause 1 of this
Article, the competent People’s Committee may decide on land recovery without
having to wait until the time limit for the land recovery notification expires.
3. Land users whose land is recovered shall coordinate with
agencies and organizations performing compensation and ground clearance in the
process of investigation, survey, measurement, inventory, and making of plans
for compensation, support and resettlement.
4. After the land recovery decisions take effect and plans
for compensation, support and resettlement approved by competent state agencies
are publicized, land users whose land is recovered shall comply with the land
recovery decisions.
Article 68. Organizations in charge of compensation and
ground clearance; management of recovered land
1. Organizations in charge of compensation and ground
clearance include public land service organizations and compensation, support
and resettlement councils.
2. The recovered land shall be allocated for management and
use according to the following provisions:
a) Land recovered under Articles 61 and 62 of this Law shall
be allocated to investors for implementation of investment projects or to
public land service organizations for management;
b) Land recovered under Clause 1, Article 64, and Points a,
b, c or d, Clause 1, Article 65 of this Law shall be allocated to public land
service organizations for management and auction of land use rights.
In case the land recovered under Clause 1, Article 64, and
Point a, b, c or d, Clause 1, Article 65 of this Law, is agricultural land of
households and individuals in rural areas that land shall be allocated to
commune-level People’s Committees for management. This land fund shall be
allocated or leased in accordance with law to households and individuals that
have no land or lack production land.
3. The Government shall detail this Article.
Article 69. Order and procedures for land recovery for
national defense or security purpose; for socio-economic development in the
national or public interest
1. The making and implementation of plans for land recovery,
investigation, survey, measurement and inventory are prescribed as follows:
a) The People’s Committee having competence to recover land
shall issue a notice of land recovery.
The notice of land recovery must be sent to every land user
whose land is recovered, publicized in the meetings with people in the
recovered area and through the mass media, posted up at offices of the
commune-level People’s Committee and at common public places of the residential
areas of which land is recovered;
b) The
commune-level People’s Committee shall coordinate with the organization in
charge of compensation and ground clearance to implement plans for land
recovery, investigation, survey, measurement and inventory;
c) Land users shall coordinate with the organization in
charge of compensation and ground clearance in conducting investigation, survey
and measurement of land area, inventory of houses and other land-attached
assets to develop plans for compensation, support and resettlement;
d) In case the land users in the recovered area do not
cooperate with the organization in charge of compensation and ground clearance
for investigation, survey, measurement and inventory, the commune-level
People’s Committee and Vietnam Fatherland Front in the locality and the
organization in charge of compensation and ground clearance shall mobilize and
persuade the land users to cooperate.
If the land users still do not cooperate with the
organization in charge of compensation and ground clearance within 10 days
after the mobilization and persuasion, the chairperson of the district-level
People’s Committee shall issue a decision on compulsory inventory. Land users
whose land is to be recovered shall comply with that decision. In case the land
users do not comply with the decision, the chairperson of the district-level
People’s Committee shall issue a decision on enforcement of the decision on
compulsory inventory and organize the enforcement in accordance with Article 70
of this Law.
2. The making and appraisal on plans for compensation,
support and resettlement are prescribed as follows:
a) The organization in charge of compensation and ground
clearance shall make the plan for compensation, support and resettlement and
coordinate with the commune-level People’s Committee in the locality to conduct
consultations on the plans for compensation, support and resettlement in the
forms of meetings with land users living in the recovered area, posting up the
plan for compensation, support and resettlement at offices of the commune-level
People’s Committee and at common public places of the residential areas of
which land is recovered.
The consultation results must be recorded in minutes which
are certified by representatives of the commune-level People’s Committee and
Vietnam Fatherland Front, and land users whose land is recovered.
The organization in charge of compensation and ground
clearance shall make a written summarization of opinions which clearly
specifies the numbers of opinions for, against and other opinions regarding the
plans for compensation, support and resettlement; coordinate with the
commune-level People’s Committee in the locality in organizing dialogues with
those who have objections on the plans for compensation, support and
resettlement; and improve the plans for compensation, support and resettlement
for submission to competent agencies.
b) Competent
agencies shall appraise the plans for compensation, support and resettlement
before submitting them to the competent People’s Committee for decision on land
recovery.
3. The decision on land recovery, the approval and the
organization of implementation of the plans for compensation, support and
resettlement are prescribed as follows:
a) The People’s Committee which has the competence as
prescribed in Article 66 of this Law shall issue a decision on land recovery
and a decision on approval of the plans for compensation, support and
resettlement in the same day;
b) The organization in charge of compensation and ground
clearance shall coordinate with the commune-level People’s Committee to
publicize and post up the decision on approval of the plans for compensation,
support and resettlement at the commune-level People’s Committee offices and at
common public places of the residential areas of which land is recovered. The
organization shall send the decision on compensation, support and resettlement
to each person whose land is recovered and that decision will clearly show the
level of compensation and support, arrangement of the resettlement land or
house (if any), time and place of payment for compensation or support, time to
arrange resettlement land or house (if any) and time to hand over the recovered
land to the organization in charge of compensation and ground clearance;
c) The organization in charge of compensation and ground
clearance shall implement activities in accordance with the approved plans for
compensation, support and resettlement;
d) In case land users whose land is to be recovered fail to
hand over the land to the organization in charge of compensation and ground
clearance, the commune-level People’s Committee and Vietnam Fatherland Front in
the locality and the organization in charge of compensation and ground clearance
shall mobilize and persuade the land users to hand over.
In case the land users fail to comply with the decision even
after the mobilization and persuasion, the chairperson of the district-level
People’s Committee shall issue a decision on enforcement of land recovery and
organize the enforcement in accordance with Article 71 of this Law.
4. The organization in charge of compensation and ground
clearance shall manage land which is already cleared.
Article 70. Enforcement of decisions on compulsory inventory
1. Principles of enforcement of a decision on compulsory
inventory:
a) The enforcement is conducted in a public, democratic,
objective, orderly, safe and lawful manner;
b) The times of starting the enforcement fall in working
hours.
2. The enforcement of a decision on compulsory inventory may
be conducted when all the following requirements are met:
a) Land users whose land is to be recovered do not comply
with the decision on compulsory inventory after the mobilization and persuasion
by the commune-level People’s Committee, Vietnam Fatherland Front and the
organization in charge of compensation and ground clearance;
b) The decision on enforcement of the compulsory inventory
decision is posted up publicly at the office of the commune-level People’s
Committee and at common public places of the residential area of which land is
recovered;
c) The decision on enforcement of the compulsory inventory
decision has taken effect;
d) The person who is to be coerced has received the
effective decision on enforcement.
In case the person who is to be coerced refuses to receive
the decision on enforcement or is absent when the decision on enforcement is
delivered, the commune-level People’s Committee shall make a written record of
delivery.
3. The district-level People’s Committee chairperson who
issues the decision on enforcement shall execute the decision on compulsory
inventory and organize the execution of the decision on enforcement.
4. The order and procedures for executing the decision on
enforcement of compulsory inventory are prescribed as follows:
a) The organization assigned to conduct the enforcement
shall mobilize, persuade and organize dialogues with, the coerced people;
b) In case the coerced person complies with the decision on
enforcement, the organization assigned to conduct enforcement shall make a
written record to acknowledge the compliance, and conduct investigation,
survey, measurement or inventory.
In case the coerced person fails to comply with the decision
on enforcement, the organization assigned to conduct the enforcement shall
execute the decision on enforcement.
Article 71. Enforcement of land recovery decisions
1. The principles of enforcement of a land recovery decision
comply with Clause 1, Article 70 of this Law.
2. The enforcement of a land recovery decision is conducted
when all the following requirements are met:
a) The person whose land is to be recovered fails to comply
with the land recovery decision after the mobilization and persuasion by the
commune-level People’s Committee and Vietnam Fatherland Front in the locality
and the organization in charge of compensation and ground clearance;
b) The decision on enforcement of the land recovery decision
is posted up at the office of the commune-level People’s Committee and at
common public places of the residential area of which land is recovered;
c) The decision on enforcement of the land recovery decision
has taken effect;
d) The person who is to be coerced has received the
effective decision on enforcement.
In case the person who is to be coerced refuses to receive
the decision on enforcement or is absent when the decision on enforcement is
delivered, the commune-level People’s Committee shall make a written record of
delivery.
3. The chairperson of the district-level People’s Committee
issues the decision on enforcement of the land recovery decision, and organizes
the execution of the decision.
4. The order and procedures for enforcement of land
recovery:
a) Before executing the enforcement, the chairperson of the
district-level People’s Committee shall decide to establish an enforcement
board;
b) The enforcement board shall mobilize, persuade, and
conduct dialogues with, the coerced persons. If the coerced persons comply, the
enforcement board shall prepare a written record to acknowledge the compliance.
The land must be handed over within 30 days from the date of making the
minutes.
In case the coerced person fails to comply with the decision
on enforcement, the enforcement board shall execute the enforcement;
c) The enforcement board has the power to ask coerced
persons and related people to leave the coerced areas and to move their
properties out of the land areas by themselves. If these people fail to comply,
the enforcement board shall move the coerced persons, related people and their properties
out of the areas.
In case the coerced person refuses to receive their
properties, the enforcement board shall make a written record, preserve the
properties in accordance with law, and notify the properties’ owners to get the
properties back.
5. Responsibilities of organizations and individuals in
executing decisions on enforcement of land recovery:
a) The district-level People’s Committee shall implement the
enforcement, settle complaints involving the enforcement in accordance with the
law on complaints; implement the resettlement plans before executing the
enforcement; ensure necessary conditions and means to serve the enforcement;
and allocate funds for enforcement activities;
b) The enforcement board shall assume the prime
responsibility for making the enforcement plans and cost estimation for
enforcement activities and submitting them to the competent People’s Committee
for approval, conduct the enforcement in accordance with the approved plans and
hand over the land to the organization in charge of compensation and ground
clearance.
In case there remain properties on the coerced land, the
enforcement board shall preserve the properties. The preservation cost shall be
born by the properties’ owners;
c) The police shall maintain social order and safety in the
process of organizing the execution of the decision on enforcement of land
recovery;
d) The commune-level People’s Committee of the locality
concerned shall coordinate with related agencies in delivering and posting up
the decision on enforcement of land recovery, participate in the enforcement
process and coordinate with the organization in charge of compensation and
ground clearance in sealing and moving the properties of coerced people;
e) Other related agencies, organizations and individuals
shall coordinate with the enforcement board in executing the enforcement of
land recovery at the request of the enforcement board.
6. The Government shall detail this Article.
Article 72. Land requisition
1. The State may requisition land in case of extreme
necessity to perform the tasks of national defense or security, or in a state
of war or emergency, or of prevention and combat of natural disasters.
2. The decision on land requisition must be made in writing.
In case of emergency when the decision can not be made in writing, the person
who has competence to requisition land may make the decision verbally but shall
write a confirmation document on the land requisition decision right at the
time of land requisition. The decision on land requisition takes effect from
the time of its issuance.
Within 48 hours from the time of making the land requisition
decision verbally, the agency of the person making that decision shall confirm
in writing and send the confirmation document to the person whose land is
requisitioned.
3. The Minister of National Defense, the Minister of Public
Security, the Minister of Transport, the Minister of Agriculture and Rural
Development, the Minister of Health, the Minister of Industry and Trade, the
Minister of Natural Resources and Environment, chairpersons of provincial-level
People’s Committees and chairpersons of district-level People’s Committees have
the competence to decide on land requisition and to extend the duration of land
requisition. The persons who have the competence to requisition land may not
delegate this competence to another person.
4. The duration of land requisition must not exceed 30 days
from the time the decision on land requisition takes effect. In a state of war
or emergency, the duration of land requisition is counted from the date of
issuance of the decision on land requisition, but must not exceed 30 days from
the date the state of war or emergency is repealed.
In case the duration of land requisition expires but the
objectives of the requisition have not been achieved, the land requisition
duration may be extended for no more than 30 days. The decision to extend the
land requisition must be made in writing and sent to the people whose land is
requisitioned before the land acquisition duration expires.
5. The person whose land is requisitioned shall comply with
the decision on land requisition. If the land requisition decision is made in
accordance with law and the people whose land is requisitioned fail to comply
with that decision, the person who decides to requisition the land shall issue
a decision on enforcement and organize the enforcement, or assign the
chairperson of the provincial-level People’s Committee and the district-level
People’s Committee of the locality to organize the enforcement.
6. The person who has the competence to decide on land
requisition shall allocate the requisitioned land to organizations and
individuals for efficient and proper management and use; return the land when
the requisition duration expires; and make compensation for the damage caused
by the land requisition.
7. The compensation for damage caused by land requisition is
prescribed as follows:
a) The person whose land is requisitioned is entitled to
compensation in case the requisitioned land is destroyed or his/her income is
lost as a direct consequence of the land requisition;
b) If the requisitioned land is destroyed, the compensation
must be made in money, based on the price of land use rights transferred in the
market at the payment time;
c) If the person whose land is requisitioned loses income as
a direct consequence of the land requisition, the compensation must be
determined based on the actual loss of income from the hand-over date to the
returning date of the requisitioned land which is indicated in the decision on
return of the requisitioned land.
The amount of actual loss of income must be consistent with
the income incurred from the requisitioned land in normal conditions prior to
the requisition.
d) The chairperson of the provincial- or district-level
People’s Committee of the locality shall form a council to determine the level
of compensation for damage caused by the land requisition based on the written
declarations of the land users and cadastral records. Based on the level of
compensation determined by the council, the chairperson of the provincial- or
district-level People’s Committee shall decide on the compensation;
e) Compensation for damage caused by land requisition must
be paid from the state budget in one-off payment and directly to the person
whose land is requisitioned within 30 days from the returning date.
8. The Government shall detail this Article.
Article 73. Use of land through transfer and lease of land
use rights and receipt of land use rights contributed as capital for production
and business
1. If the land used for the projects or facilities for
production and business purposes is not subject to recovery by the State as
prescribed in Articles 61 and 62 of this Law and such land use is in accordance
with the master plans, plans on land use approved by competent state agencies,
the investors may receive the transfer of, or lease, land use rights, or
receive land use rights contributed as capital in accordance with law.
2. The State shall adopt policies to encourage the lease of land
use rights or the receipt of land use rights contributed as capital of economic
organizations, households and individuals to implement the projects or
facilities for production and business.
3. The Government shall detail this Article.
Section
2. COMPENSATION FOR LAND, SUPPORT AND RESETTLEMENT
Article 74. Principles of compensation upon land recovery by
the State
1. Land users who meet the conditions prescribed in Article
75 of this Law upon land recovery by the State shall be compensated.
2. The compensation must be made in the form of allocating
new land with the same land use purpose with the recovered land. If there is no
land available for compensation, the land users shall receive compensation in
money calculated according to the specific land price of the type of recovered
land which is decided by the provincial-level People’s Committee at the time of
the recovery decision.
3. The compensation upon land recovery by the State must be
made in a democratic, impartial, equal, public, timely and lawful manner.
Article 75. Conditions for receiving compensation when the
State recovers land for national defense or security purpose; for
socio-economic development in the national or public interest
1. Households and individuals using land which is not leased
land with annual rental payment, having a certificate of land use rights, a
certificate of ownership of houses and residential land use rights, or a
certificate of land use rights and ownership of houses and other land-attached
assets (below referred to as the certificate), or being eligible to be granted
a certificate under this Law but not being granted that certificate yet, except
the cases prescribed in Clause 2, Article 77 of this Law. Overseas Vietnamese
who are eligible to own houses associated with land use rights in Vietnam and
are granted a certificate of land use rights and ownership of houses and
residential land use rights and other land-attached assets, or being eligible
to be granted such certificate under this Law but not being granted that certificate
yet.
2. Communities and religious establishments using land which
is not allocated or leased land by the State and having a certificate, or being
eligible to be granted a certificate of land use rights and ownership of houses
and other land-attached assets under this Law but not being granted that
certificate yet.
3. Overseas Vietnamese who are allocated land with land use
levy by the State, or are leased land with full one-off rental payment for the
entire lease period, or are transferred land use rights in industrial parks,
industrial clusters, export processing zones, hi-tech zones or economic zones,
having a certificate or being eligible to be granted a certificate of land use
rights and ownership of houses and other land-attached assets under this Law
but not being granted that certificate yet.
4. Organizations that are allocated land with land use levy
by the State, or are leased land with full one-off rental payment for the
entire lease period, or receive inherited land use rights, or are transferred
land use rights for which the land use levy has been paid or the amount paid
for the transfer does not originate from the state budget, having a certificate
or being eligible to be granted a certificate of land use rights and ownership
of houses and other land-attached assets under this Law but not being granted
that certificate yet.
5. Foreign organizations with diplomatic functions that are
leased land by the State with full one-off rental payment for the entire lease
period and having a certificate or being eligible to be granted a certificate
of land use rights and ownership of houses and other land-attached assets under
this Law but not being granted that certificate yet.
6. Economic organizations, overseas Vietnamese and
foreign-invested enterprises that are allocated by the State land with land use
levy to implement investment projects for construction of houses for sale or
for a combination of sale and rent, or are leased land with full one-off rental
payment for the entire lease period, having a certificate or being eligible to
be granted a certificate of land use rights and ownership of houses and other
land-attached assets under this Law but not being granted that certificate yet.
Article 76. Compensation for remaining investment costs on
land when the State recovers land for national defense or security purpose; or
for socio-economic development in the national or public interest
1. Cases that are not eligible for compensation for land but
are eligible for compensation for the remaining investment costs on land when
the State recovers the land include:
a) Land which is allocated by the State without land use
levy, except the cases in which agricultural land is allocated to households
and individuals as prescribed in Clause 1, Article 54 of this Law;
b) Land which is allocated with land use levy by the State
to organizations but those organizations are exempted from land use levy;
c) Land which is leased by the State with annual rental
payment or leased land with full one- off rental payment for the entire lease
period but the land rental is exempted, for cases in which households and
individuals use land under the policies for people with meritorious services to
the revolution;
d) Agricultural land belonging to the public land fund of
the communes, wards or townships;
e) Contracted land for agriculture, forestry, aquaculture or
salt production.
2. The Government shall detail this Article.
Article 77. Compensation for land and remaining investment
costs on land when the State recovers agricultural land from households and
individuals
1. Households and individuals using agricultural land when
the State recovers land are eligible to receive compensation for land and
remaining investment costs on land in accordance with the following provisions:
a) Agricultural land area to be compensated includes the
area within the quotas as prescribed in Articles 129 and 130 of this Law and
the area received in the form of inheritance;
b) Agricultural land area exceeding the quota specified in
Article 129 of this Law is ineligible for compensation for land but is eligible
for the remaining investment costs on land;
c) For agricultural land area exceeding the quota prior to
the effective date of this Law, the compensation and support must comply with
the Government’s regulations.
2. For agricultural land which was used before July 1,2004,
of which land users are households and individuals directly engaged in
agricultural production but have not been granted a certificate or not being
eligible to be granted a certificate of land use rights and ownership of houses
and other land-attached assets under this Law, the compensation must be made
for the land area which is actually used and does not exceed the agricultural
land allocation quota prescribed in Article 129 of this Law.
Article 78. Compensation for land and remaining investment
costs on land when the State recovers agricultural land from economic
organizations, self-financed public non-business organizations, communities or
religious establishments
1. For economic organizations that are using allocated
agricultural land with land use levy or leased land with full one-off rental
payment for the entire lease period, or are transferred land use rights, if
they are eligible for compensation as prescribed in Article 75 of this Law when
the State recovers the land, they shall be compensated for land for the
remaining land use term.
2. Economic organizations, self-financed public non-business
organizations that are using allocated agricultural land with annual rental
payment, shall, upon land recovery by the State, not be compensated for land
but for the remaining investment costs on land if the costs do not originate
from the state budget.
If agricultural land is not land for special-use forest,
protective forest or production forest which is natural forest and has been
contracted by economic organizations to households and individuals in
accordance with law, upon land recovery by the State, die households and
individuals acquiring the contracted land shall not be compensated for land but
for the remaining investment costs on land.
3. Communities and religious establishments that are using
agricultural land and eligible for compensation as prescribed in Article 75 of
this Law, shall, upon land recovery by the State, be compensated for land in
accordance with the Government’s regulations.
Article 79. Compensation for land when the State recovers
residential land
1. Households and individuals using residential land and
overseas Vietnam owning houses associated with land use rights in Vietnam, who
are eligible for compensation as prescribed in Article 75 of the Law upon land
recovery by the State, shall be compensated as follows:
a) If they have no other residential land or houses in the
communes, wards or townships in which the recovered land is located, they shall
be compensated with residential land or house. If they have no need for
compensation with residential land or house, the State shall compensate them in
money;
b) If
they have other residential land or houses in the communes, wards or townships
in which the recovered land is located, they shall be compensated in money. For
localities with available land fund, the compensation in the form of land may
be considered.
2. For households and individuals that are required to move
upon the State’s recovery of land and land-attached houses, if they are
ineligible for compensation with residential land and have no other living
place, the State shall offer houses for them to buy or lease-purchase, or
allocate them residential land with land use levy.
3. Economic organization, overseas Vietnamese and
foreign-invested enterprises that are using land for housing projects and are
eligible for compensation as prescribed in Article 75 of this Law, shall be
compensated for land upon land recovery by the State.
4. The Government shall detail this Article.
Article 80. Compensation for land and remaining investment
costs on land when the State recovers non-agricultural land which is not
residential land of households and individuals
1. For households and individuals using non-agricultural
land which is not residential land, when the State recovers land, if they are
eligible for compensation as prescribed in Article 75 of this Law, they shall
be compensated with land having the same land use purpose. In case such land is
not available for compensation, they shall be compensated with money calculated
based on the remaining land use term.
2. For households and individuals using non-agricultural
land which is not residential land and is leased by the State with annual
rental payment or with full one-off rental payment for the entire lease period
but being exempted from land rental, when the State recovers land, they shall
not be compensated for land but for the remaining investment costs in land, except
the cases in which households and individuals use land under the policies for
people with meritorious services to the revolution.
3. The Government shall detail this Article.
Article 81. Compensation for land and remaining investment
costs on land when the State recovers non-agricultural land which is not
residential land from economic organizations, self-financed public non-business
organization, communities, religious establishments, overseas Vietnamese,
foreign organizations with diplomatic functions, and foreign-invested
enterprises
1. For economic organizations and overseas Vietnamese using
non-agricultural land which is not residential land or land of cemeteries or
graveyards, when the State recovers land, if they are eligible for compensation
as prescribed in Article 75 of this Law, they shall be compensated with land
having the same land use purpose. In case that land is not available for
compensation, they shall be compensated with money calculated based on the
remaining land use term.
2. Economic organizations using land allocated for
construction of cemeteries or graveyards as prescribed in Clause 4, Article 55
of this Law, or joint ventures using non-agricultural land that is not
residential land as a result of receipt of land use rights contributed as
capital as prescribed in Article 184 of this Law, shall be compensated for land
according to the Government’s regulations when the State recovers the land.
3. For economic organizations, self-financed public
non-business organization, overseas Vietnamese, foreign organizations with
diplomatic functions, and foreign-invested enterprises using non-agricultural
land which is leased with full one-off rental payment for the entire lease
period, if they are eligible for compensation as prescribed in Article 75 of
this Law when the State recovers land, they shall be compensated for land
according to the remaining land use term.
4. Economic organizations, self-financed public non-business
organization, overseas Vietnamese, foreign organizations with diplomatic
functions, and foreign-invested enterprises using non-agricultural land which
is leased by the State with annual rental payment shall be compensated for the
remaining investment costs on land upon land recovery by the State.
5. For communities and religious establishments using
non-agricultural land, if they are eligible for compensation as prescribed in
Article 75 of this Law when the State recovers land, they shall be compensated
for land in accordance with the Government’s regulations.
Article 82. Cases
in which compensation for land is not made upon land recovery by the State
The State shall recover land without compensation for land
in the following cases:
1. The cases specified in Clause 1, Article 76 of this Law;
2. Land which is allocated by the State for management;
3. Land which is recovered as prescribed in Article 64 and
at Points a, b, c and d, Clause 1, Article 65 of this Law;
4. Cases that are not eligible for a certificate of land use
rights and ownership of houses and other land-attached assets in accordance
with this Law, except the cases prescribed in Clause 2, Article 77 of this Law.
5. Principles of support upon land recovery by the State:
a) Upon land recovery by the State, in addition to receiving
compensation in accordance with this Law, land users shall also be considered
for receiving support from the State;
b) The support must ensure impartiality, equality,
publicity, timeliness and lawfulness.
6. The support upon land recovery by the State includes:
a) Support for stabilizing livelihood and production;
b) Support for training, occupation change and job seeking
for cases of recovery of agricultural land from households and individuals
directly engaged in agricultural production, or of recovery of land which is a
combination between residential land and land for trading and services of
households and individuals that have to be relocated;
c) Support for resettlement in case of recovery of land from
households, individuals and overseas Vietnamese who have to be relocated;
d) Other support.
7. The Government shall detail this Article.
Article 84. Support for vocational training, occupation
change and job seeking for households and individuals upon land recovery by the
State
1. For households and individuals directly engaged in agricultural
production, when the State recovers agricultural land and there is no
agricultural land available for compensation, in addition to receiving
compensation in money, they are entitled to support for vocational training,
occupation change and job seeking.
In case the people who are entitled to support for
vocational training, occupation change or job seeking are of working age and
have need for vocational training, they may be admitted to vocational training
centers, receive counseling on job seeking and preferential loans to develop
production and business.
2. Households and individuals using residential land in
combination with trading and services in which the main source of income
derives from trading and services, and need to be relocated when the State
recovers land, are entitled to preferential loans to develop production and
business. Persons having land recovered and who are of working age are entitled
to support for vocational training, occupation change and job seeking.
3. Based on the annual district-level land use plans,
provincial- and district-level People’s Committees shall make and implement
plans for vocational training, occupation change and job seeking for those
whose recovered land is agricultural land or residential land in combination
with trading and services. Plans for vocational training, occupation change and
job seeking shall be developed and approved concurrently with plans for
compensation, support and resettlement.
During the process of making plans for vocational training,
occupation change and job seeking, provincial- and district-level People’s
Committees shall organize consultations with, and give explanation and
assimilate opinions from, people whose land is recovered.
Article 85. Formulation and implementation of resettlement
projects
1. Provincial- and district-level People’s Committees shall
develop and implement the resettlement projects before conducting the land
recovery.
2. In the concentrated resettlement areas, infrastructure
must be developed synchronously, ensuring construction standards and
regulations and conformity with the conditions, customs and practices of each
region and area.
3. Land recovery can only be conducted after the
construction of houses and infrastructure in the resettlement area is
completed.
4. The Government shall detail this Article.
Article 86. Resettlement arrangement for persons having
land recovered and who need to be relocated
1. The organization in charge of compensation and ground
clearance which is assigned by the provincial- and district-level People’s
Committees to arrange resettlement shall notify persons having land recovered
and who need to be relocated of the tentative resettlement arrangement plan and
post up the plan at the offices of the commune-level People’s Committee, at common
public places of the residential areas of which land is recovered and at
resettlement areas for at least 15 days before competent state agencies approve
the plan.
The contents of the notification include the location and
area of resettlement land and resettlement houses, design and area of each land
lot or apartment, prices of resettlement land and resettlement houses, and the
tentative plan for resettlement arrangement for persons having land recovered.
2. People whose land is recovered shall be resettled in the
same place if the resettlement projects are developed or conditions for
resettlement arrangement exist in the recovered area. Convenient locations are
prioritized for those who hand over the recovered land early or people with
meritorious services to the revolution.
The approved plan for resettlement arrangement must be
publicized at the office of the commune-level People’s Committee and at common
public places of the residential areas of which land is recovered.
3. The specific land price used to calculate land use levy
at resettlement areas and the sale price of resettlement houses shall be
determined by the provincial-level People’s Committee.
4. In case people having land recovered are resettled while
the amount of compensation and support is not enough to buy the minimum
resettlement plot, the State shall make up the deficit.
The Government shall specify the minimum resettlement plot
in conformity with specific conditions of each region, area and locality.
Article 87. Compensation, support and resettlement for
special cases
1. For investment projects that are decided by the National
Assembly or approved in principle by the Prime Minister and require relocation
of all population in the community, affecting all the livelihood,
socio-economic activities, and cultural traditions of the community, and for
projects of which the recovered land is located in several provinces and
centrally run cities, the Prime Minister shall decide on the policy framework
for compensation, support and resettlement.
2. For projects using loans from international or foreign
organizations for which Vietnam has committed to a policy framework for
compensation, support and resettlement, that framework policy shall apply.
3. For the cases prescribed at Points e and f, Clause 1,
Article 65 of this Law, people whose land is recovered are entitled to
compensation, support and resettlement to stabilize their livelihood and
production in accordance with the Government’s regulations.
Section
3. COMPENSATION FOR DAMAGE TO ASSETS, PRODUCTION AND BUSINESS
Article 88. Principles of compensation for damage to assets
and damage incurred due to stopped production and business upon land recovery
by the State
1. If land-attached assets are damaged upon land recovery by
the State, lawful owners of those assets are entitled to compensation.
2. Upon the land recovery by the State, if organizations,
households, individuals, overseas Vietnamese or foreign-invested enterprises
have to stop production and business which causes them damage, they are
entitled to compensation for the damage.
Article 89. Compensation for damage to houses and
construction facilities on land upon the land recovery by the State
1. For houses and land-attached residential construction
facilities of households, individuals or overseas Vietnamese which are wholly
or partially dismantled upon land recovery by the State while the remaining
part does not meet technical standards as prescribed by law, their owners are
entitled to compensation equivalent to the value of new houses and construction
facilities with equivalent technical standards.
If the remaining part of the houses and construction
facilities still meets the technical standards as prescribed by law, the
compensation must be made based on the actual damage.
2. For houses and other land-attached construction
facilities not falling into the case specified in Clause 1 of this Article,
which are wholly or partially dismantled upon land recovery by the State while
the remaining part does not meet technical standards as prescribed by law,
their owners are entitled to compensation for the damage in accordance with the
Government’s regulations.
3. For land-attached technical infrastructure and social
infrastructure cuưently in use and not falling into the
cases specified in Clauses 1 and 2 of this Article, the compensation amount is
equivalent to the value of new construction facilities with equivalent
technical standards prescribed by specialized law.
Article 90. Compensation for plants and livestock
1. In case the land recovery by the State causes damage to
plants, the compensation shall be made according to the following provisions:
a) For annual crops, the compensation must be equal to the
output value of the harvest. The output value of the harvest is the highest
yield of the harvests in the preceding 3 years of the local main crop and the
average price at the time of land recovery;
b) For perennial crops, the compensation must be equal to
the current value of the planting area calculated in local prices at the time
of the land recovery, excluding the value of land use rights;
c) For plants which have not been harvested yet but can be
brought to another location, the transportation cost and the actual damage due
to the transportation and re-planting must be compensated;
d) For planted forests funded by the state budget and for
natural forests allocated to organizations, households and individuals for
planting, management, growing or protection, the value of the actual damage
must be compensated. The compensation amount must be divided to those who
manage, grow and protect the forests in accordance with the law on forest
protection and development.
2. In case land recovery by the State causes damage to
aquatic livestock, the compensation must be made according to the following
provisions:
a) For aquatic livestock which are due to be harvested at
the time of land recovery, no compensation must be made;
b) For aquatic livestock which are not due to be harvested
at the time of land recovery, the actual damage due to the early harvest must
be compensated. In case the aquatic livestock can be brought to another
location, the transportation cost and the damage caused by the transportation
must be compensated. The specific compensation amount must be determined by
provincial-level People’s Committees.
Article 91. Compensation for transportation costs upon land
recovery by the State
1. Upon land recovery by the State, people whose assets need
to be moved shall be compensated for the cost of dismantlement, transportation
and installation. In case of moving machinery or production lines, the damage
caused during the process of dismantlement, transportation and installation
must also be compensated.
2. Provincial-level People’s Committees shall prescribe the
compensation amount mentioned in Clause 1 of this Article.
Article 92. Cases ineligible for compensation for
land-attached assets upon land recovery by the State
1. Land-attached assets falling into any of the cases of
land recovery specified at Points a, b, d, e, f and i, Clause 1, Article 64,
and at Points b and d, Clause 1, Article 65 of this Law.
2. Land-attached assets which are illegally created or
created after the notice of land recovery by a competent state agency takes
effect.
3. Technical infrastructure, social infrastructure and other
construction facilities which are no longer in use.
Article 93. Payment of compensation, support and
resettlement money
1. Within 30 days after the decision on the land recovery by
a competent state agency takes effect, agencies and organizations in charge of
compensation shall pay compensation and support to people whose land is
recovered.
2. If agencies and organizations in charge of compensation
delay the payment, in addition to the compensation and support prescribed in
approved plans for compensation, support and resettlement, people whose land is
recovered are entitled to an amount equivalent to the late- payment interest in
accordance with the Law on Tax Administration calculated based on the unpaid
amount and the delayed period.
3. In case people whose land is recovered do not receive the
compensation and support prescribed in approved plans for compensation, support
and resettlement, this compensation and support must be deposited in the
temporary custody account of the State Treasury.
4. For land users who are entitled to compensation upon land
recovery by the State but have not fulfilled land-related financial obligations
as prescribed by law, the amount of these financial obligations must be
deducted from the compensation amount and paid back to the state budget.
5. The Government shall detail this Article.
Article 94. Compensation for land within safety coưidors upon construction of facilities with safety corridors
When the State constructs public, national defense or
security facilities with safety corridors without recovering the land located
within the safety corridors, the land users are entitled to compensation for
the damage caused by limited land use and for the damage to land-attached
assets in accordance with the Government’s regulations.
Chapter
7.LAND REGISTRATION, GRANT OF CERTIFICATES OF LAND USE RIGHTS AND OWNERSHIP OF
HOUSES AND OTHER LAND-ATTACHED ASSETS
Section
1. REGISTRATION OF LAND, HOUSES AND OTHER LAND-ATTACHED
ASSETS
Article 95. Registration of land, houses and other land-attached
assets
1. Land registration is compulsory for land users and people
who are allocated land for management. Registration of ownership of houses and
other land-attached assets is conducted at the request of the owner.
2. Registration of land, houses and other land-attached
assets includes the first registration and change registration which are
conducted at the land registration organization under the land administration
agency, in the form of paper or electronic registration, which are of the same
legal validity.
3. First registration is conducted in the following cases:
a) The land parcel is allocated or leased for use;
b) The land parcel is in use but not registered yet;
c) The land parcel is allocated for management but not
registered yet;
d) The houses and other land-attached assets are not
registered yet.
4. Change registration is conducted in the cases in which
the certificates have been granted or change occurs after the first
registration as follows:
a) The land user or the owner of land-attached assets
exercises the right to exchange, transfer, lease, sublease, inherit, donate
land use rights or land-attached assets; mortgage or contribute as capital land
use rights or land-attached assets;
b) The land user or the owner of land-attached assets is
allowed to change his/her name;
c) There is a change in the shape, dimension, area, number
and address of the land parcel;
d) There is a change in land-attached assets compared with
the registered contents;
e) There is a change of land use purpose;
f) There is a change of land use term;
g) There is a change from land lease with annual rental
payment to land lease with one-off rental payment for the entire lease period,
from land allocation without land use levy to land lease, or from land lease to
land allocation with land use levy in accordance with this Law;
h) Land use rights or the ownership of houses and other
land-attached assets of the wife or husband is converted the joint land use
rights and ownership of houses and other land-attached assets of both husband
and wife;
i) The joint land use rights and ownership of houses and
other land-attached assets of the organization or the household, of both
husband and wife, of joint land users group and joint owners of land-attached
assets are split;
k) There is a change in land use rights or ownership of
houses and other land-attached assets as a result of the successful
conciliation of land disputes which is confirmed by a competent People’s
Committee, the agreement in the mortgage contract to settle the debt, the
decision of a competent state agency on settlement of land dispute, complaint
and denunciation, the decision or judgment of a People’s Court, the decision on
enforcement of the enforcement board which has been implemented, or the document
recognizing the result of the auction of land use rights in accordance with
law;
l/ The limited use rights to the adjacent land parcel are
established, changed or terminated;
m/ There is a change in the limitations on the rights of
land users.
5. Land users and owners of land-attached assets who have
declared and registered are recorded in the cadastral book and granted a
certificate of land use rights and ownership of houses and other land-attached
assets if they so request and are eligible in accordance with this Law and
other relevant laws. In case of change registration, land users are granted a
certificate of land use rights and ownership of houses and other land-attached
assets, or have the change certified in the granted certificate.
In case of first registration, if land users are ineligible
for a certificate of land use rights and ownership of houses and other
land-attached assets, they may use land temporarily until the State issues a
handling decision on the issue in accordance with Government’s regulations.
6. For the cases of change registration specified at Points
a, b, h, i, k and 1, Clause 4 of this Article, land users shall perform the
procedures for change registration within 30 days from the date of the change.
In case of inheritance, this period is calculated from the date the inherited
land use rights are divided.
7. The registration of land and land-attached assets takes
effect on the date of registration in the cadastral book.
Article 96. Cadastral records
8. Cadastral records include paper or digital documents
which show detailed information on each land parcel, people assigned to manage
the land, the land user, the owner of any land-attached asset, land use rights
and changes of land use rights, and the ownership of land-attached assets.
9. The Minister of Natural Resources and Environment shall
prescribe cadastral records, the establishment, editing and management of
cadastral records, and provide a roadmap for change from paper to digital
cadastral records.
Section
2. GRANT OF THE CERTIFICATE OF LAND USE RIGHTS AND OWNERSHIP OF HOUSES AND
OTHER LAND-ATTACHED ASSETS
Article 97. Certificates of land use rights and ownership of
houses and other land-attached assets
1. A certificate of land use rights and ownership of houses
and other land-attached assets is granted to those who have land use rights and
the ownership of houses and other land-attached assets, which is made according
to a single form used nationwide.
The Minister of Natural Resources and Environment shall
issue specific regulations on the certificate of land use rights and ownership
of houses and other land-attached assets.
2. The certificate of land use rights, the certificate of
house ownership and residential land use rights, the certificate of house
ownership and the certificate of construction facilities ownership which have
been granted in accordance with the land law, housing law or construction law
before December 10, 2009, remain legally valid and are not required to be
changed to the certificate of land use rights and ownership of houses and other
land-attached assets. In case those who were granted a certificate before
December 10, 2009, want to change the certificate, they shall be granted the
certificate of land use rights and ownership of houses and other land-attached
assets in accordance with this Law.
Article 98. Principles of grant of certificates of land use
rights and ownership of houses and other land-attached assets
1. The certificate of land use rights and ownership of
houses and other land-attached assets shall be granted for each land parcel.
Land users who are using several agricultural land parcels in the same commune,
ward or township, shall be granted one certificate for all parcels at their
request.
2. For a land parcel which is used by several land users or
for the houses and other land-attached assets which are owned by several
owners, the names of all involved persons shall be recorded in the certificate,
and each person shall be granted one certificate. At the request of the land
users or owners, only one certificate may be granted to all of them and
delivered to the representative.
3. Land users or owners of houses and other land-attached
assets shall be granted a certificate of land use rights and ownership of
houses and other land-attached assets after they have fulfilled the financial
obligations as prescribed by law.
In case the land users or owners of houses and other
land-attached assets do not have to fulfill financial obligations or are
exempted from financial obligations or allowed to owe the financial obligations
and in case the land is leased with annual rental payment, they may receive the
certificate of land use rights and ownership of houses and other land-attached
assets right after the certificate is granted by a competent agency.
4. In case land use rights, or land use rights and the
ownership of houses and other land- attached assets, or the ownership of houses
and other land-attached assets are)is the joint property of husband and wife,
the full names of both husband and wife must be recorded in the certificate of
land use rights and ownership of houses and other land-attached assets, unless
husband and wife agree to record the full name of only one person.
In case land use rights, or land use rights and the
ownership of houses and other land-attached assets, or the ownership of houses
and other land-attached assets are)is the joint property of husband and wife
and the granted certificate only records the full name of the husband or wife,
a new certificate which records the full names of both husband and wife may be
granted if requested.
5. If there is a difference in the area between the actual
surveyed data with data recorded on the documents as prescribed in Article 100
of this Law or in the granted certificate while the boundaries of the land
parcel in use have not changed compared with the boundaries of the land parcel
at the time of receiving the document on land use rights and there is no
dispute with the adjacent land users, the land area is determined in accordance
with the actual surveyed data for granting or changing the certificate. Land
users do not have to pay land use levy for the positive balance in area, if
any.
In case of resurvey and the boundaries of the land parcel
change compared with the boundaries of the land parcel at the time of receiving
the document on land use rights and the surveyed area is larger than the area
recorded in that document, the balance area (if any) may be considered for the
grant of a certificate of land use rights and ownership of houses and other
land-attached assets in accordance with Article 99 of this Law.
Article 99. Cases of land use to be granted a certificate of
land use rights and ownership of houses and other land-attached assets
1. The State shall grant a certificate of land use rights
and ownership of houses and other land-attached assets for the following cases:
a) Current land users who are eligible to be granted a
certificate of land use rights and ownership of houses and other land-attached
assets in accordance with Articles 100, 101 and 102 of this Law;
b) People who are allocated land or leased land by the State
from the date this Law takes effect;
c) People who are allowed to exchange, acquire, inherit,
receive land use rights as a donation, or receive land use rights contributed
as capital, or to receive land use rights upon settlement of contracts on
mortgage with land use rights to recover debts;
d) People who are entitled to use land as a result of the
successful conciliation of land disputes, a judgment or decision of the
People’s Court, a judgment enforcement decision of the judgment enforcement
agency, or a decision on settlement of land disputes, complaints or
denunciations of a competent state agency, which has been executed;
e) People who use land in industrial parks, industrial
parks, export processing zones, hi-tech zones or economic zones;
g) People who buy houses and other land-attached assets;
h) People who buy houses attached to residential land
liquidated by the State or buy state- owned houses;
i) People who use split or consolidated land parcels; a
group of land users or members of a household, husband and wife, organizations
using land who split or consolidate the existing land use rights;
k) Land users who request change or re-grant of a lost
certificate.
2. The Government shall detail this Article.
Article 100. Grant of the certificate of land use rights and
ownership of houses and other land-attached assets to households, individuals
and communities that are using land and have documents on land use rights
1. Households and individuals that are using land stably and
have one of the following documents shall be granted a certificate of land use
rights and ownership of houses and other land-attached assets without having to
pay land use levy:
a) The documents on land use rights before October 15, 1993,
which were granted by a competent agency in the process of implementing the
land policy of the Democratic Republic State of Vietnam, the Provisional
Revolutionary Government of the Republic of South Vietnam or the Socialist
Republic of Vietnam;
b) Temporary certificates of land use rights granted by
competent state agencies, or having their names recorded in the Land Register
Book or Cadastral Book before October 15, 1993;
c) Lawful papers on inheritance or donation of land use
rights or land-attached assets, documents on hand-over of land-attached
gratitude house or charity house;
d) The document on the transfer of land use rights or
purchase of residential land-attached houses before October 15, 1993, and such
houses were certified as being used before October 15, 1993, by the
commune-level People’s Committee;
e) The document on liquidation of residential land-attached
houses by the State or document on purchase of a state-owned house in
accordance with law;
f) The document on land use rights issued by a competent
authority of the former regime to land users;
g) Other
documents issued before October 15, 1993, in accordance with the Government’s
regulations.
2. Households and individuals that are using the land and
have one of the documents specified in Clause 1 of this Article bearing the
names of other people accompanied by the documents on transfer of land use
rights signed by the related parties, but have not performed the procedures for
the transfer of land use rights in accordance with law prior to the effective
date of this Law, and there is no dispute on that land, shall be granted a
certificate of land use rights and ownership of houses and other land-attached
assets without having to pay land use levy.
3. Households and individuals that are allowed to use land
pursuant to a decision or a judgment of the People’s Court, a judgment
enforcement decision of a judgment enforcement agency, a document recognizing
results of the successful conciliation or a decision of a competent state
agency on settlement of land disputes, complaints or denunciations which was
executed, shall be granted a certificate of land use rights and ownership of
houses and other land-attached assets. In case they have not fulfilled their financial
obligations, they shall fulfill those obligations in accordance with law.
4. Households and individuals using land that is allocated
or leased by the State from October 15, 1993, to the effective date of this Law
and have not been granted a certificate, shall be granted a certificate of land
use rights and ownership of houses and other land-attached assets. In case they
have not fulfilled their financial obligations, they shall fulfill those
obligations in accordance with law.
5. Communities using land with communal houses, temples,
shrines, hermitages, worship halls or ancestral temples; agricultural land
prescribed in Clause 3, Article 131 of this Law, and that land is dispute-free
and is certified as the land used commonly by the community by the
commune-level People’s Committee, shall be granted a certificate of land use
rights and ownership of houses and other land-attached assets.
Article 101. Grant of a certificate of land use rights and
ownership of houses and other land- attached assets to households and
individuals that are using land and have no documents on land use rights
1. Households and individuals using the land prior to the
effective date of this Law and having none of documents prescribed in Article
100 of this Law that have a book of status of permanent residence in the
locality and are directly engaged in agriculture, forestry, aquaculture or salt
production in areas with difficult socio-economic conditions or especially
difficult socio-economic conditions, and are certified by the commune-level
People’s Committee that the land has been used stably and dispute-free, shall
be granted a certificate of land use rights and ownership of houses and other
land-attached assets without having to pay land use levy.
2. Households and individuals using land and having none of
documents prescribed in Article 100 of this Law that have used land stably
before July 1, 2004, with no violations of the land law and such land is
certified by the commune-level People’s Committee as dispute-free and conformable
with the master plan on land use, detailed urban construction master plan and
master plan on construction of rural residential areas approved by competent
state agencies, shall be granted a certificate of land use rights and ownership
of houses and other land-attached assets.
3. The Government shall detail this Article.
Article 102. Grant of a certificate of land use rights and
ownership of houses and other land- attached assets to organizations and
religious establishments that are using land
1. Organizations using land shall be granted a certificate
of land use rights and ownership of houses and other land-attached assets for
the land area which is used for proper purposes.
2. The land area used by organizations which is not covered
in the certificate of land use rights and ownership of houses and other
land-attached assets is settled as follows:
a) The State shall recover land which is not used, is used
improperly, is borrowed or leased illegally, is encroached or occupied;
b) Organizations shall hand over the land area which was
used as residential land to the district-level People’s Committee for
management. In case that residential land is in accordance with the master plan
on land use approved by a competent state agency, the land users are entitled
to be granted a certificate of land use rights and ownership of houses and
other land-attached assets. In case a state enterprise engaged in agriculture,
forestry, aquaculture or salt production is allocated land and lets households
and individuals use part of that land for residential purpose before July 1,
2004, that enterprise shall make a plan for rearrangement of such residential area into a residential quarter and
submit it to the provincial-level People’s Committee for approval before
handing over the land to the locality for management.
3. For organizations using leased land as prescribed in
Article 56 of this Law, the provincial- level land administration agency shall
perform the procedures to sign the land lease contract before granting a certificate
of land use rights and ownership of houses and other land-attached assets.
4. Religious establishments using land shall be granted a
certificate of land use rights and ownership of houses and other land-attached
assets if they fully meet the following conditions:
a) Being licensed to operate by the State;
b) The land is dispute-free;
Article 103. Determination of residential land area with
respect to land with ponds and gardens
1. In order to be considered as residential land with
gardens and ponds of households or individuals must be located within a land
parcel with existing houses.
2. If a land parcel with gardens and ponds was formed before
December 18, 1980, and the land user possesses one of the documents on land use
rights as prescribed in Clauses 1, 2 and 3, Article 100 of this Law, the area
of residential land shall be determined in accordance with such documents.
In case the residential area is not indicated clearly in
documents on land use rights prescribed in Clauses 1, 2 and 3 of Article 100 of
this Law, the residential land area to be recognized without land use levy must
not exceed 5 times the land allocation quota prescribed in Clause 2, Article
143, and Clause 4, Article 144 of this Law.
3. If a land parcel with gardens and ponds was formed in the
period from December 18, 1980, to before July 1, 2004, and the land user
possesses one of the documents on land use rights as prescribed in Article 100
of this Law and the land area is indicated clearly in those documents, the
residential land area shall be determined according to those documents.
4. If a land parcel with gardens and ponds was formed in the
period from December 18, 1980, to before July 1, 2004, and the land user
possesses one of the documents on land use rights as prescribed in Article 100
of this Law and the land area is not indicated clearly in those documents, the
residential land area shall be determined as follows:
a) The provincial-level People’s Committee shall, based on
the local conditions and customs, prescribe the residential land recognition
quota for each household in accordance with local customs and the number of
people in the household;
b) If the land parcel is larger than the prescribed
residential land recognition quota of the locality, the residential land area
shall be determined equal to the residential land recognition quota of the
locality;
c) If the land parcel is smaller than the prescribed
residential land recognition quota of the locality, the residential land area
must be determined as the whole area of the land parcel.
5. In case there are no documents on land use rights as
prescribed in Article 100 of this Law, and the land has been used stably since
before October 15, 1993, the residential land area shall be determined under
Clause 4 of this Article. In case the land has been used stably from October
15, 1993, the residential land area shall be determined in accordance with
residential land area allocated to each household or individual as prescribed
in Clause 2, Article 143, and Clause 4, Article 144 of this Law.
6. After the residential land area is determined under
Clauses 2, 3, 4 and 5 of this Article, the remaining land area with gardens and
ponds shall be used for the current land use purpose under Clause 1, Article 10
of this Law.
7. The Government shall detail this Article.
Article 104. Grant of a certificate for land-attached assets
1. Land-attached assets to be granted a certificate of land
use rights and ownership of houses and other land-attached assets include
houses, other construction facilities, production forests which are planted
forests, and perennial crops existing at the time the certificate of land use
rights and ownership of houses and other land-attached assets is granted.
2. The grant of a certificate of land use rights and
ownership of houses and other land-attached assets for land-attached assets
must comply with the Government’s regulations.
Article 105. Competence to grant certificates "of land
use rights and ownership of houses and other land-attached assets
1. Provincial-level People’s Committees shall grant
certificates of land use rights and ownership of houses and other land-attached
assets to organizations, religious establishments, overseas Vietnamese,
foreign-invested enterprises which implement investment projects, and foreign
organizations with diplomatic functions.
Provincial-level People’s Committees may authorize the
agency in charge of natural resources and environment of the same level to
grant the certificates of land use rights and ownership of houses and other
land-attached assets.
2. District-level People’s Committees shall grant the
certificates of land use rights and ownership of houses and other land-attached
assets to households, individuals and communities, and to overseas Vietnamese
that are eligible to own house associated with land use rights in Vietnam.
3. For the subjects that were granted a certificate, a
certificate of houses ownership or a certificate of construction facilities
ownership, and execute the rights of land users or owners of land-attached
assets or apply for the renewal or re-grant of the certificate, the certificate
of houses ownership or the certificate of construction facilities ownership,
the agency in charge of natural resources and environment shall handle in
accordance with the Government’s regulations.
Article 106. Correction and withdrawal of existing
certificates
1. The state agencies which have the competence to grant the
certificate shall correct the granted certificates which bear the following
errors:
a) There is wrong information on the name, the papers on
legal status or personal identity, in the address of the land user or owner of
land-attached assets as compared with the papers on legal status or personal
identity at the time of grant of the certificate to such person;
b) There is wrong information on the land parcel,
land-attached assets as compared with the registration application dossier on
land and land-attached assets which have been inspected and certified by the
land registration agency.
2. The State may withdraw a granted certificate in the
following cases:
a) The State recovers the whole land area indicated on the
granted certificate;
b) The granted certificate is renewed;
c) The land user or owner of the land-attached assets
registers for a change of land or land- attached assets for which a new
certificate of land use rights and ownership of houses and other land-attached
assets must be granted;
d) The existing certificate was granted ultra vires, to an
improper land user, for a wrong land area, without sufficient conditions, for
improper land use purpose or land use term or land use origin as prescribed by
the land law, except for the case in which the person for whom the certificate
is granted has transferred land use rights or ownership of land-attached assets
in accordance with the land law.
3. The withdrawal of a granted certificate for the cases
prescribed at Point d, Clause 2 of this Article shall be decided by the agency
having the competence to grant the certificate of land use rights and ownership
of houses and other land-attached assets as prescribed in Article 105 of this
Law based on the conclusion of the inspection agency at the same administrative
level, or based on the effective document issued by a competent state agency on
land dispute settlement.
Chapter
8.LAND FINANCE, LAND PRICE AND AUCTIONS OF LAND USE RIGHTS
Section
1. LAND FINANCE
Article 107. Financial revenues from land
1. Financial revenues from land include:
a) Land use levy upon land allocation by the State with land
use levy, permission for change of land use purpose, or recognition of land use
rights with land use levy;
b) Land rental upon land lease by the State;
c) Land use tax;
d) Income tax on transfer of land use rights;
e) Revenue from sanction of administrative violations of the
land law;
f) Indemnification to the State for damage caused during
land management and use;
g) Charges and fees in land management and use.
2. The Government shall prescribe in detail the collection
of land use levy and land rental, sanctioning of administrative violations of
the land law, and indemnification to the State for damage caused during land
management and use.
Article 108. Bases and time for calculation of land use levy
and land rental
1. Bases for calculation of land use levy include:
a) The land area which is allocated, permitted for change of
land use purpose, or of which land use rights are recognized;
b) The land use purpose;
c) The land price as prescribed in Article 114 of this Law;
in case of auction of land use rights, the land price is the winning price.
2. Bases for calculation of land rental include:
a) The area of leased land;
b) The land lease term;
c) The unit price for land lease; in case of auction of land
lease rights, the land rental is the winning unit price;
d) Types of land lease, including annual rental payment or
full one-off rental payment for the entire lease period.
3. The time for calculation of land use levy or land rental
is the time when the State decides on the land allocation or land lease,
permits change of land use purpose, or recognizes land use rights.
Article 109. Payment of land use levy or land rental upon
change of land use purpose or extension of land use term
1. Upon change of land use purpose as prescribed at Points
d, e, f and g, Clause 1, Article 57 of this Law, land users shall pay land use
levy or land rental in accordance with the following provisions:
a) Payment of land use levy or the full one-off rental
payment for the entire lease period which is the difference between the land use
levy or land rental after and before the change of the land use purpose;
b) Payment of annual rental payment based on the type of
land after the change of the land use purpose.
2. When the land use term is extended and the land user is
obliged to pay land use levy or land rental, the land user shall fulfill their
financial obligations for the extended land use term.
3. The Government shall detail this Article.
Article 110. Exemption
from and reduction of land use levy or land rental
1. The exemption from and reduction of land use levy or land
rental apply in the following cases:
a) Using land for production and business purposes in
sectors or geographical areas that are given investment preferences in
accordance with the investment law, except for investment projects on
construction of commercial houses;
b) Using land for implementation of policies on houses and
residential land for the people with meritorious services to the revolution,
for poor households, for households and individuals of ethnic minorities living
in areas with especially difficult socio-economic conditions, in bordering
areas or on islands; using land for social housing construction in accordance
with the housing law; residential land for people who have to be relocated when
the State recovers land due to the risks threatening humans life;
c) Using agricultural land by households and individuals of
ethnic minorities;
d) Using land for construction of non-business facilities of
public non-business organization;
dd) Using land for construction of infrastructure of
airports, airfields and facilities to provide air services;
e) Using land for construction of offices, drying grounds
and warehouses; service facilities directly serving agriculture, forestry,
aquaculture or salt production for agricultural cooperatives;
g) Other cases as prescribed by the Government.
2. The Government shall detail this Article.
Article 111. Land development fund
1. The land development fond of a locality shall be
established by the provincial-level People’s Committee or entrusted to the Fund
for development investment or other financial funds of the locality to advance
capital for compensation, ground clearance or creation of land fund in
accordance with master plans, plans on land use approved by competent state
agencies.
2. The financial sources for the land development fund shall
be allocated from the State budget and other mobilized sources in accordance
with law.
3. The Government shall detail this Article.
Section
2. LAND PRICE
Article 112. Principles and methods of land valuation
1. Land valuation must abide by the following principles:
a) Based on the lawful land use purpose at the time of land
valuation;
b) Based on the land use term;
c) Being suitable with the popular market price of
transferred land with the same land use purpose, or winning price in auctions
of land use rights in case of organizing auctions of land use rights, or the
income earned from land use;
d) At a time, the adjacent land parcels with the same land
use purpose, profitability and income earned from land use have the same price.
2. The Government shall prescribe land valuation methods.
Article 113. Land price frames
The Government shall promulgate land price frames once every
5 years for each type of land and for each region. During the implementation of
land price frames, if the popular price in the market increases 20% or more
over the maximum price or reduces 20% or more below the minimum price
prescribed in land price frames, the Government shall adjust land price frames accordingly.
Article 114. Land price tables and specific land prices
1. Based on the principles, methods of land valuation and
land price frames, provincial-level People’s Committees shall develop and
submit the land price tables to the People’s Councils of the same level for
review before promulgation. Land price tables shall be developed once every 5
years and publicized on January 1 of the beginning year of the period.
During the implementation of land price tables, when the
Government adjusts land price frames or there are changes in popular land price
in the market, provincial-level People’s Committees shall adjust land price
tables accordingly.
At least 60 days before submitting the land price tables to
the People’s Council of the same level for review, the provincial-level
People’s Committee shall send the draft land price tables to agencies in charge
of developing land price frames for consideration. In case of big difference in
land prices at bordering locations among provinces and centrally run cities,
this difference must be reported to the Prime Minister for decision.
2. Land price tables shall be used as a basis for the
following cases:
a) Calculation of land use levy when the State recognizes
land use rights of households and individuals for land areas within land use
quotas, or permits change of land use purpose from agricultural land or
non-agricultural land which is non-residential land to residential land for
land areas within land allocation quotas applied to households and individuals;
b) Calculation of land use tax;
c) Calculation of charges and fees in land management and
use;
d) Calculation of fines for administrative violations in the
field of land;
e) Calculation of indemnification paid to the State for
damage caused in land management and use;
f) Valuation of land use rights paid to the people who
voluntarily return land to the State in case the returned land is allocated
with land use levy, recognized of land use rights with land use levy, or leased
land with full one-off rental payment for the entire lease period by the State.
3. Provincial-level People’s Committees shall decide on
specific land prices. The provincial- level land administration agency shall
assist the provincial-level People’s Committee in the determination of specific
land prices. During the implementation, the provincial-level land
administration agency may hire organizations having consultancy functions for
advising on the determination of specific land prices.
The determination of specific land prices must be based on
the investigation, collection of information about land parcels, market land
price and information on land price in the land database, and based on suitable
valuation methods. Based on the consultation on land price, the
provincial-level land administration agency shall submit the specific land
price to the council for land price appraisal for consideration before
submitting it to the People’s Council of the same level for decision.
The council for land price appraisal comprises the
chairperson of the provincial-level People’s Committee as the chairperson, and
representatives of related agencies and organizations and the organization with
the function of consultancy on land price determination.
4. Specific land price shall be used as a basis for the
following cases:
a) Calculation of land use levy when the State recognizes
land use rights of households and individuals for land areas in excess of land
use quotas, or permits change of land use purpose from agricultural land or
non-agricultural land which is non-residential land to residential land for
land areas in excess of land allocation quotas applied to households and
individuals; and determination of land rental for agricultural land areas in
excess of land allocation quotas or quotas for receipt of transferred
agricultural land use rights of households and individuals;
b) Calculation of land use levy when the State allocates
land with land use levy not through auction of land use rights, recognizes land
use rights, or permits change of land use purpose for organizations that shall
pay land use levy;
c) Calculation of land rental when the State leases land not
through auction of land use rights;
d) Valuation of land use rights upon equitization of state
enterprises that are allocated land with land use levy, leased land with
one-off rental payment; and calculation of land rental in case equitized state
enterprises are leased land by the State with annual rental payment;
e) Calculation of compensation amount upon land recovery by
the State.
5. The Government shall detail this Article.
Article 115. Consultancy on land price determination
1. Consultancy on land price determination may be necessary
in the following cases:
a) Development or adjustment of land price frames;
development or adjustment of land price tables and determination of specific
land prices at the request of competent state agencies;
b) Settlement of complaints about land price at the request
of competent state agencies or related parties;
c) Performance of civil transactions involving specific land
prices at the request by parties.
2. Conditions for activities and practice of land price
determination consultancy comply with the Government’s regulations.
3. The land price determination by consultants must be
independent, impartial and honest and must comply with land valuation
principles and methods prescribed in Article 112 of this Law.
4. Land prices determined by consultants serve as one of the
bases for competent state agencies to prescribe or decide on land prices.
Article 116. Rights and obligations of organizations with
the function of consultancy on land price determination
1. An organization with the function of consultancy on land
price determination has the following rights:
a) To provide consultancy on land price determination in accordance
with this Law, the Law on Price and other relevant laws;
b) To request information and documents relating to the
consultancy on land price determination from consultancy hirers; and to receive
service charges as agreed in the contracts;
c) To unilaterally terminate or cancel the contract on
consultancy on land price determination when the consultancy hirer violates
conditions agreed by both parties in the contract or as prescribed by law;
d) Other rights as prescribed by law.
2. An organization with the function of consultancy on land
price determination has the following obligations:
a) To take responsibility before law for the accuracy,
honesty and impartiality of the results of consultancy on land valuation
determination;
b) To implement the agreements with consultancy hirers
stated in the contract on consultancy on land price determination;
c) To submit to the inspection and examination by competent
state agencies; and to report on the organization and results of consultancy on
land price determination to competent state agencies annually or in unexpected
cases;
d) To fulfill the tax obligations and other financial
obligations in accordance with law;
e) To register the list of member valuators and the change
or adjustment of this list to competent state agencies of the locality where
the organization is headquartered;
f) To archive documents and records on results of
consultancy on land price determination;
g) Other obligations as prescribed by law.
Section
3. AUCTIONS OF LAND USE RIGHTS
Article 117. Principles of auctions of land use rights
1. Auctions of land use rights shall be conducted on the
principles of publicity, continuity, impartiality, honesty, equality and
protection of lawful rights and interests of involved parties.
2. Auctions of land use rights shall be conducted in
accordance with the order and procedures prescribed in the land law and law on
asset auctions.
Article 118. Cases subject to auction of land use rights and
cases not subject to auction of land use rights
1. The State shall allocate land with land use levy or lease
land through auction of land use rights in the following cases, except the
cases prescribed in Clause 2 of this Article:
a) Investment in construction of houses for sale or for
lease or for lease-purchase;
b) Investment in construction of infrastructure for transfer
or for lease;
c) Use of land fund to create capital for infrastructure
construction;
d) Use of land for trading or services, and land for
non-agricultural production establishments;
e) Lease of land which is part of agricultural land fund for
public purposes for agriculture, forestry, aquaculture or salt production;
f) Allocation or lease of land recovered by the State
through rearrangement and handling of working offices, non-business
establishments, or production or business establishments of which the
land-attached assets are owned by the State;
g) Allocation of urban and rural residential land to
households or individuals;
h) Allocation or lease of land in the cases eligible to land
use levy or land rental reduction.
2. Cases not subject to auction of land use rights upon land
allocation and land lease by the State:
a) Land allocation without land use levy;
b) Use of land for which land use levy or land rental is
exempted as prescribed in Article 110 of this Law;
c) Use of land as prescribed at Points b and g, Clause 1,
and in Clause 2, Article 56 of this Law;
d) Use of land for mining activities;
e) Use of land for implementation of projects on
construction of resettlement housing, social housing or public-duty housing;
f) Land allocation to cadres, civil servants and public
employees who change offices under transfer decisions of competent agencies;
g) Allocation of residential land to households or
individuals that have permanent residence status books in a commune but have no
residential land and have not been allocated residential land by the State;
h) Allocation of residential and to households of
individuate that have permanent residence status books in a township in an area
with difficult socio-economic conditions or with especially difficult
socio-economic conditions but have no residential land and have not been
allocated residential land by the State;
i) Other cases as decided by the Prime Minister.
3. In case the land has been put up for auction of land use
rights as prescribed in Clause 1 of this Article but nobody participates in the
auction or only one person registers or the auction fails after at least 2
times, the State may allocate or lease land without organizing auctions of land
use rights.
Article 119. Holding of auctions of land use rights
1. Conditions for holding an auction of land use rights upon
land allocation or land lease by the State:
a) The annual district-level land use plan approved by a
competent state agency is available;
b) The land has been cleared or is land with attached assets
owned by the State;
c) The plan for holding the auction of land use rights
approved by a competent state agency is available.
2. Organizations and individuals participating in an auction
of land use rights must satisfy the following conditions:
a) Being eligible to be allocated or leased land as
prescribed in Article 55 or 56 of this Law;
b) Meeting the conditions for the implementation of
investment projects under Article 58 of this Law in case of land allocation or
land lease for implementation of investment projects.
Chapter
9.LAND INFORMATION SYSTEM AND LAND DATABASE
Article 120. Land information system
1. The land information system shall be designed
comprehensively and developed as a uniform system nationwide to serve multiple
purposes in accordance with national standards and regulations as well as
international ones recognized in Vietnam.
2. The land information system includes the following basic
parts:
a) Technical infrastructure for land information technology;
b) The system of operation software, system software and
application software; c) The national land database.
Article 121. The national land database
1. The national land database shall be uniformly developed
nationwide.
2. The national land database has the following components:
a) Database on legal documents on land;
b) Cadastral database;
c) Database of base investigations on land;
d) Database of master plans and plans on land use;
e) Database of land prices;
f) Database of land statistics and land inventories;
g) Database on inspection, examination, settlement of
disputes, complaints and denunciations on land;
h) Other databases involving land.
3. The contents, structure and information types of the land
database shall be prescribed by the Minister of Natural Resources and
Environment.
Article 122. Management and use of land databases
1. Information in land databases provided by competent state
agencies bears the same legal validity as information in paper documents.
2. Land databases are a national property which needs to be
strictly protected in terms of security and safety. All activities of illegal
access, destruction or causing deviations in information of land databases are
prohibited.
3. Organizations and individuals that have demands for land
information and land data may use or exploit them through central and local
land information portals with payment of fee. The use and exploitation of land
information and data must be in accordance with law.
Article 123. Online public services in the field of
land
1. Online public services to be provided include
registration of land and land-attached assets, performance of transactions on
land and land-attached assets, and provision of land information and data.
2. Land management agencies shall provide public services as
prescribed in Clause 1 of this Article and provide services in a convenient,
simple and safe manner to organizations and individuals in the internet
environment.
Article 124. Responsibilities for developing the land
information system
1. The State shall adopt investment policies for the
development of the land information system and land databases and ensure funds
for the operation and maintenance of the land information system and land
databases.
2. The Ministry of Natural Resources and Environment shall
organize the development, management and use of the land information system and
the national land database; and provide online public services in the field of
land in accordance with the Government’s regulations.
3. Ministries, sectors and related agencies shall provide
results of base investigations on land and other land-related information and
data to the Ministry of Natural Resources and Environment to update the
national land database and the land information system.
4. Provincial-level People’s Committees shall organize the
development, management and exploitation of the land information system and the
land databases in their localities and provide land data to the Ministry of
Natural Resources and Environment to integrate into the national land database.
5. The Minister of Natural Resources and Environment shall
issue detailed regulations on the development, management and exploitation of
the land information system and on conditions for organizations and individuals
practicing consultancy on land database and land information system
development.
Chapter
10.LAND USE REGIME
Section
1. LAND USE TERM
Article 125. Land used for long and stable term
Land users may use land for a long and stable term in the
following cases:
1. Residential land used by households or individuals.
2. Agricultural land used by communities as prescribed in
Clause 3, Article 131 of this Law.
3. Land for protective forest, for special-use forest and
for production forest which are natural forests.
4. Land for trading or services, for non-agricultural
production establishments of households and individuals that are using the land
stably and that land is not allocated for limited term or leased by the State.
5. Land for construction of offices as prescribed at Point
1, Article 147 of this Law and land for construction of public service
facilities of public non-business organization which are not self-financed as
prescribed at Point 2, Article 147 of this Law.
6. Land used for national defense or security purpose.
7. Land used by religious establishments as prescribed in
Article 159 of this Law.
8. Land for religious practices.
9. Land for transportation and irrigation, land with
historical-cultural relics and scenic spots and land used for the construction
of other public facilities for non-commercial purposes.
10. Land for cemeteries or graveyards.
11. Land used by economic organizations as
prescribed in Clause 3, Article 127 and Clause 2, Article 128 of this Law.
Article 126. Land used for limited term
1. The term for land allocation, recognition of agricultural
land use rights for households and individuals directly engaged in agricultural
production as prescribed in Clauses 1 and 2, at Point b, Clause 3, in Clauses 4
and 5, Article 129 of this Law is 50 years. When the term expires, households
or individuals directly engaged in agricultural production that have demand may
continue using land in accordance with the land use term prescribed in this
Clause.
2. The term for lease of agricultural land to households or
individuals must not exceed 50 years. At the expiry of the term, households or
individuals that have demand shall be considered by the State for continued
leasing of the land.
3. The term for land allocation or land lease to
organizations for the purpose of agriculture, forestry, aquaculture or salt
production; to organizations, households or individuals for the purpose of
trading and services or for non-agricultural production establishments; to
organizations for implementing investment projects; to overseas Vietnamese and
foreign-invested enterprises for implementing investment projects in Vietnam,
shall be considered and decided on the basis of the investment projects or
applications for land allocation or land lease, but must not exceed 50 years.
For large investment projects with slow recovery of capital,
projects in areas with difficult socio-economic conditions or with especially
difficult socio-economic conditions which require a longer term, the term of
land allocation or land lease must not exceed 70 years.
For projects on construction of houses for sale or for a
combination of sale and rent or for lease- purchase, the land use term shall be
determined in accordance with the duration of the project. Those who buy houses
associated with land use rights may use land for a long and stable term.
At the expiry of the term, if the land users still have land
use needs, the State shall consider an extension which must not exceed the term
prescribed in this Clause.
4. The land lease term for the purpose of office
construction of foreign organizations with diplomatic functions must not exceed
99 years. At the expiry of the term, if these organizations are still in need
of the land, the State shall consider extending the land lease term or leasing
another land parcel. Each extension period must not exceed the term prescribed
in this Clause.
5. The lease term for land which is part of agricultural
land fund for public purposes of communes, wards or townships must not exceed 5
years;
6. Regarding land for construction of non-business
facilities of self-financed public non-business organization as prescribed in
Clause 2, Article 147 of this Law, and other public facilities involving
commercial purpose, the land use term must not exceed 70 years.
At the expiry of the term, if the land users still have land
use needs, the State shall consider an extension but the extension must not
exceed the term prescribed in this Clause.
7. For a land parcel with multiple use purposes, the land
use term shall be determined in accordance with the land use term of the land
type used for the main purpose.
8. The term for land allocation and land lease prescribed in
this Article shall be calculated from the date of the decision on land
allocation or land lease issue by a competent state agency.
Article 127. Land use term upon change of land use purpose
1. The land use term for households and individuals upon
change of land use purpose is prescribed as follows:
a) In case the land use purpose is changed from land for
protective forest or special-use forest to land for other purposes, the term
shall be determined on the basis of the land type of the new purpose. The land
use term shall be calculated from the time of the decision on approval;
b) In case the land use purpose is changed from land for
rice cultivation, other annual crops, perennial crops, production forest,
aquaculture or salt production to land for protective forest or special-use
forest, households or individuals may use the land for a stable and long term;
c) In case the land use purpose is changed among land
categories including land for other annual crops, perennial crops, production
forests, aquaculture or salt production, households and individuals may
continue using such land for the determined land use term.
At the expiry of the term, if the land users still have land
use needs, the State shall consider an extension which must not exceed the term
prescribed in Clause 1, Article 126 of this Law;
d) In case the land use purpose is changed from agricultural
purpose to non-agricultural purpose, the land use term shall be determined on
the basis of the land type of the new purpose. The new land use term shall be
calculated from the time of the decision on approval;
e) In case the land use purpose is changed from
non-agricultural land with long and stable land use term to non-agricultural
land with limited land use term or from non-agricultural land with limited land
use term to non-agricultural land with long and stable land use term,
households and individuals may use the land for a long and stable term.
2. For organizations, overseas Vietnamese or
foreign-invested enterprises implementing investment projects outside
industrial parks, industrial clusters, export processing zones or hi- tech
zones, when the land use purpose is changed, the land use term shall be
determined on the basis of the investment project as prescribed in Clause 3,
Article 126 of this Law.
3. Economic organizations that change the land use purpose
from non-agricultural land with long and stable land use term to
non-agricultural land with limited land use term or from non- agricultural land
with limited land use term to non-agricultural land with long and stable land
use term, may use the land for a long and stable term.
Article 128. Land use term in case of transfer of land use
rights
11. The land use term in case of transfer of land use rights
for the land with definite land use term is the remaining period of the land
use term defined prior to the transfer of land use rights.
12. People who acquire land use rights for the land with a
long and stable land use term may use the land for a long and stable term.
Section
2. AGRICULTURAL LAND
Article 129. Allocation quotas for agricultural land
1. The allocation quotas for land for annual crops,
aquaculture and salt production for each household or individual directly
engaged in agricultural production are prescribed as follows:
a) Not exceeding 3 hectares for each type of land in
provinces and centrally run cities in the southeast region and Mekong Delta
region;
b) Not exceeding 2 hectares for each type of land in other
provinces and centrally run cities.
2. The allocation quotas for land for perennial crops for
each household or individual in a delta commune, ward or township must not exceed
10 hectares and must not exceed 30 hectares for each household or individual in
a midland or mountainous commune, ward or township.
3. The land allocation quota for each household or
individual does not exceed 30 hectares for each of the following land
categories:
a) Land for protective forest;
b) Land for production forest.
4. In case a household or individual is allocated with land
of different categories including land for cultivation of annual crops,
aquaculture land and salt-production land, the total quota for all categories
must not exceed 5 hectares.
If the household or individual is additionally allocated
with land for perennial crops, the land allocation quota for perennial crops
must not exceed 5 hectares in a delta commune, ward or township and must not
exceed 25 hectares in a midland and mountainous commune, ward or township.
If the household or individual is additionally allocated
with land for production forest, the land allocation quota for production
forest must not exceed 25 hectares.
5. The allocation quota for empty land, land for bare hill
or land with water surface under the type of unused land to households or
individuals for the purpose of agriculture, aquaculture or salt production in
accordance with master plan on land use must not exceed the quotas prescribed
in Clauses 1, 2, and 3 of this Article, and such quotas
shall not be included in the allocation quotas of agricultural land to
households or individuals as prescribed in Clauses 1, 2, and 3 of this Article.
Provincial-level People’s Committees shall prescribe the
allocation quotas of empty land, land for bare hill and land with surface water
in the type of unused land to households or individuals for use in accordance
with master plans, plans on land use which have been approved by competent
state agencies.
6. The allocation quotas of agricultural land for annual
crops, perennial crops, afforestation, aquaculture or salt production in the
buffer zone of a special-use forest for each household or
individual must comply with Clauses 1, 2, 3, 4 and 5 of this Article.
7. Households and individuals may continue using the land
area which is located in a commune, ward or township other than where they have
permanent residence status books. If that land is allocated without land use levy,
its area shall be included in the allocation quota for agricultural land of the
households or individuals
The land administration agency that allocates agricultural
land without land use levy to households or individuals shall send a notice to
the commune-level People’s Committee of the locality where the households or
individuals have permanent residence status books for its calculation of
allocation quotas of agricultural land.
8. The area of agricultural land of households or
individuals, which is acquired through the transfer, lease, sublease,
inheritance or donation of land use rights, the receipt of land use rights
contributed as capital or is contracted from other subjects or leased from the
State, is not included in the allocation quota of agricultural land as
prescribed in this Article.
Article 130. Quota for acquisition of agricultural land use
rights by households and individuals
1. The quota for acquisition of land use rights by
households or individuals must not exceed 10 times of the allocation quota for
agricultural land for households or individuals applicable to each type of land
prescribed in Clauses 1, 2 and 3, Article 129 of this Law.
2. The Government shall prescribe quotas for acquisition of
land use rights of households and individuals in accordance with specific
conditions of each locality and in each period.
Article 131. Agricultural
land used by households, individuals or communities
1. Agricultural land used by households or individuals
includes agricultural land allocated or leased by the State and agricultural
land of which land use rights are recognized by the State or leased from other
organizations, households or individuals or obtained through exchange,
transfer, inheritance or donation in accordance with law.
2. The use of agricultural land allocated by the State to
households or individuals is prescribed as follows:
a) Households and individuals that are allocated land by the
State prior to the effective date of this Law may continue using such land in
accordance with this Law;
b) In a locality where land has not been allocated to
households or individuals in accordance with the land law, the commune-level
People’s Committee shall make a plan for land allocation and request the
district-level People’s Committee to decide on land allocation;
c) In a locality where the People’s Committees of different
levels have provided guidelines for households and individuals to negotiate and
adjust land areas for one another during the implementation of land policies
and law before October 15, 1993, and such land area has been used stably, the
current land users may continue using their land.
3. The use of agricultural land by communities is prescribed
as follows:
a) Communities are allocated land or recognized land use
rights by the State to preserve national identities associated with the
traditions and customs of the people;
b) Communities which are allocated land or recognized land
use rights by the State shall protect the allocated land and may use land for
combined purposes of agriculture and aquaculture, but may not use such land for
other purposes.
Article 132. Agricultural land used for public purposes
1. Depending on the land fund, characteristics and demands
of the locality, each commune, ward or township may establish an agricultural
land fund for public purposes of the locality which does not exceed 5% of the
total land area for annual crops, perennial crops and aquaculture production.
Agricultural land which is returned or to which land use
rights are donated to the State by organizations, households or individuals,
reclaimed land and recovered agricultural land constitute the source for
creation or supplementation of the agricultural land fund used for public
purposes of the commune, ward or township.
In a locality where the area of agricultural land fund used
for public purposes exceeds 5%, the excess area must be used for construction
or compensation when other land is used for construction of public facilities
of the locality; or be allocated to households and individuals that are
directly .engaged in agriculture or aquaculture in the locality but have not
been allocated or still lack production land.
2. The agricultural land fund for public purposes of a
commune, ward or township shall be used for the following purposes:
a) Construction of public facilities of the locality,
including facilities for culture, physical training and sports, entertainment,
recreation, health, education, markets, cemeteries, graveyards and other public
facilities in accordance with regulations of the provincial-level People’s
Committee;
b) Compensation for people whose land is used for
construction of public facilities as prescribed at Point a of this Clause;
c) Construction of gratitude houses and charity houses.
3. The commune-level People’s Committee shall lease the land
area which has not been used for the purposes specified in Clause 2 of this
Article to households and individuals in the locality for the purposes of
agriculture and aquaculture, through auctions of land lease. The land use term
for each lease period must not exceed 5 years.
Rentals gained from the lease of land that is part of the
agricultural land fund for public purposes must be paid to the state budget
under management of the commune-level People’s Committee and may only be used
for public needs of the commune, ward or township in accordance with law.
4. The agricultural land fond for public purposes of a
commune, ward or township must be managed and used by the commune-level
People’s Committee of the locality in accordance with the master plans, plans
on land use approved by competent state agencies.
Article 133. Agricultural land used by organizations,
overseas Vietnamese and foreign- invested enterprises
1. Economic organizations, overseas Vietnamese or
foreign-invested enterprises that have demand for land for agriculture,
forestry, aquaculture or salt production, shall be considered by the State to
lease land for implementation of investment projects.
2. Economic organizations and public non-business
organization that have been allocated or leased land prior to the effective
date of this Law for the purpose of agriculture or forestry production, shall
review the current land use status and make a plan for land use. A plan for
land use must clearly define the land area and boundaries, the area of land of
each type to be used and its use term, and the land area to be handed over to
the locality.
Provincial-level People’s Committees shall direct the review
and approval of plans for land use; allocate or lease land in accordance with
the approved plans for land use; and recover the land that is unused, or used
for a improper purpose, or contracted, leased, lent illegally, or encroached or
occupied in order to create the land fund for allocation and lease to
organizations, households and individuals. During the process of land
allocation or land lease, ethnic minority households and individuals in the
locality that have no land or lacking production land, shall be prioritized.
3. Land that is allocated by the State without land use levy
to economic organizations for agriculture, forestry, aquaculture or salt
production before the effective date of this Law, must be changed to leased
land.
Article 134. Land for rice cultivation
1. The State shall develop policies to protect land for rice
cultivation and to limit the change from the purpose of rice cultivation to
other non-agricultural purposes. In case it is necessary to change a certain
area for rice cultivation to another purpose, the State shall take measures to
supplement such land area or improve the efficiency in using land for rice
cultivation.
The State shall adopt policies to support and invest in the
construction of infrastructure and application of modern science and
technologies into the areas planned for high-productivity and high-quality rice
cultivation.
2. Those who use land for rice cultivation shall improve and
increase the fertility of the soil. They may not use that land for planting
perennial trees, afforestation, aquaculture and salt production or for
non-agricultural purposes without permission by competent state agencies.
3. People who are allocated or leased land by the State for
non-agricultural purposes and that land is currently used for wet rice
cultivation, shall pay a certain amount of money under the Government’s
regulations for the State to supplement the lost area of wet rice cultivation
land or improve efficiency in using land for rice cultivation.
Article 135. Land with production forest
1. The State shall allocate land with production forest
which is natural forest to the forest management organizations for management,
protection and development.
2. The State shall allocate or lease land with production
forest which is planted forest according to the following provisions:
a) Allocation of land to households and individuals directly
engaged in agricultural production within the quotas prescribed at Point b,
Clause 3, Article 129 of this Law for the purpose of forestry production. The
area of production forest used by households and individuals which exceeds the
quotas must change to leased land;
b) Lease of land to economic organizations, households,
individuals, overseas Vietnamese or foreign-invested enterprises to implement
afforestation projects;
c). Economic organizations, households, individuals,
overseas Vietnamese or foreign-invested enterprises which are allocated or
leased land with production forest by the State as prescribed at Points a and b
of this Clause may use the land not covered with forest for planting forest or
perennial trees.
3. Economic organizations, overseas Vietnamese or
foreign-invested enterprises using land with production forest may concurrently provide landscape and eco-environmental tourist services
using the space under the forest canopy.
4. Concentrated land area with production forest which is
far from residential areas and can not be allocated directly to households or
individuals, shall be allocated by the State to organizations for protection
and development of the forest combined with agricultural production, forestry
or aquaculture.
Article 136. Land with protective forest
1. The State shall allocate land with protective forest to
the protective forest management organization for management, protection,
zoning off for regeneration and afforestation in accordance with master plans,
plans on land use already approved, by competent state agencies. These
organizations may use land for other combined purposes in accordance with the
law on forest protection and development.
2. The protective forest management organization shall
allocate land with protective forest under contracts to households or
individuals that are living in the protective forest area for protection and
development of the forest. District-level People’s Committees shall allocate
residential land and land for agricultural production to such households or
individuals.
3. Organizations, households or individuals that have demand
and ability to protect and develop the forest and are living in the protective
forest area for which no management organization has been established or in the
area that is planned for protective forest, shall be allocated the land with
protective forest for protection and development, and may use the land for
other combined purposes in accordance with the law on forest protection and
development.
4. Provincial-level People Committees shall decide on the
lease of land with protective forest to economic organizations in the areas
where it is allowed to provide landscape and eco- environmental tourist
services under the forest canopy.
5. Communities that are allocated by the State protective
forests in accordance with the Law on Forest Protection and Development, are
entitled to be allocated land with protective forest for protection and
development. The communities have the rights and obligations prescribed in the
Law on Forest Protection and Development.
Article 137. Land with special-use forest
1. The State shall allocate land with special-use forest to
the special-use forest management organization for management and protection in
accordance with master plans, plans on land use already approved by competent
state agencies. These organizations may use the land for other combined
purposes in accordance with the law on forest protection and development.
2. The special-use forest management authority shall
allocate under short-term contracts land with special-use forest in strictly
protected forest areas to households or individuals that can not move out of
the area to protect the forests.
3. The special-use forest management organization shall
allocate under contracts land with special-use forest in eco-rehabilitation
areas to households or individuals residing stably in the area to protect and
develop the forests.
4. Competent People’s Committees shall decide to allocate
and lease land in the buffer zones of special-use forests to organizations,
households and individuals for the purpose of production, research or
experiment on forestry or in combination with national defense or security
tasks in accordance with the master plan for forest development of the buffer
zone. These subjects may use the land for other combined purposes in accordance
with the law on forest protection and development.
5. Provincial-level People Committees shall decide to lease
land with special-use forest in the area that is allowed to provide landscape
and eco-environmental tourist services under the forest canopy to economic
organizations.
Article 138. Salt-production land
1. Salt-production land shall be allocated to households or
individuals within the local land allocation quota for salt production. The
land area which exceeds the allocation quota must be changed to leased land.
Salt-production land shall be leased by the State to
economic organizations, overseas Vietnamese or foreign-invested enterprises to
implement investment projects on salt production.
2. Land areas where salt can be produced at high
productivity and with high quality shall be protected and primarily reserved
for salt production.
3. The State shall encourage the use of land areas with
potential for salt production for industrial and daily needs.
Article 139. Inland land with water surface
1. Ponds, lakes and marshes shall be allocated by the State
within land allocation quotas to households or individuals for aquaculture and
agricultural production.
Ponds, lakes and marshes shall be leased by the State to
economic organizations, households, individuals, overseas Vietnamese or
foreign-invested enterprises to implement investment projects on aquaculture
production, agricultural production or agricultural production in combination
with non-agricultural purposes.
2. In case a pond, lake or marsh is located in several
communes, wards and townships, its use shall be decided by the district-level
People’s Committee. In case a pond, lake or marsh is located in several
districts, towns and provincial cities, its use shall be decided by the
provincial-level People’s Committee. In case a pond, lake or marsh is located
in several provinces and centrally run cities, its use shall be determined by
the Government.
Article 140. Coastal land with water surface
1. Coastal land with water surface shall be leased by the
State to economic organizations, households, individual, overseas Vietnamese or
foreign-invested enterprises for aquaculture, agricultural, forestry, salt
production or non-agricultural purposes.
2. The use of coastal land with water surface is prescribed
as follows:
a) Conforming with master plans, plans on land use which
have been approved by competent state agencies;
b) Protection of land and increase of the sedimentation
process in coastal land;
c) Protection of the ecosystem, environment and landscape;
d) Not hampering the protection of national security and
maritime navigation.
Article 141. Riparian and coastal alluvial land
1. Riparian and coastal alluvial land includes riparian
alluvial land, river islets, coastal alluvial land and sea islands.
2. Riparian and coastal alluvial land shall be managed by
the People’s Committee of the commune, ward or township where such land is
located.
Riparian and coastal alluvial land frequently expanded or
eroded shall be managed and protected by district-level People’s Committees.
3. Riparian and coastal alluvium land shall be leased by the
State to economic organizations, households, individuals, overseas Vietnamese
or foreign-invested enterprises to implement investment projects on
agricultural or non-agricultural production and business.
4. Households or individuals that are allocated riparian and
coastal alluvial land by the State for agricultural purpose prior to the
effective date of this Law may continue using such land for the remaining land
use term. At the expiry of this term, if they still have demand to use the land
in accordance with master plans, plans on land use approved by competent
agencies and do not violate the land law, the State shall consider leasing the
land to them.
5. The State shall encourage economic organizations,
households and individuals to invest in the use of riparian and coastal
alluvial land.
6. The Government shall detail this Article.
Article 142. Land used for farm economy
1. The State shall encourage farm economy of households or
individuals in order to use land efficiently for the development of production,
expansion of the scale and enhancement of the efficiency of land use in
agriculture, forestry, aquaculture or salt production, in association with
services, processing and sale of agricultural products.
2. Land used for farm economy includes the land allocated by
the State without land use levy within land allocation quotas applicable to
households and individuals that are directly engaged in agriculture, forestry,
aquaculture or salt production as prescribed in Article 129 of this Law, the
land leased from the State, the land obtained via lease, transfer, inheritance
and donation, the land contracted from organizations, and the land contributed
by households or individuals.
3. Households or individuals that are using land for farm
economy may change the land use purposes in accordance with law.
4. Households or individuals using land for farm economy in
accordance with approved Master plans, plans on land use without any disputes,
may continue using the land in accordance with the following provisions:
a) If the land is allocated without land use levy and within
the allocation quotas applicable to households or individuals directly engaged
in agriculture, forestry, aquaculture or salt production as prescribed in
Clause 1, Article 54 of this Law, households or individuals may continue using
the land under Clause 1, Article 126 of this Law;
b) If the land is allocated without land use levy to
households or individuals not directly engaged in agriculture, forestry,
aquaculture or salt production, at the expiry of the land use term, households
or individuals shall change to lease land;
c) If the land is leased from the State or transferred,
inherited, donated or contracted from organizations or contributed by
households or individuals, households or individuals may continue using the
land in accordance with this Law.
5. It is forbidden to take advantage of farm economy to
occupy and accumulate land for non-production purposes.
Section
3. NON-AGRICULTURAL LAND
Article 143. Rural residential land
1. Residential land used by households or individuals in
rural areas includes land for construction of houses and facilities for
livelihood, gardens and ponds within one land parcel in a rural residential
area which is established in accordance with the master plan on land use and
the master plan for development of rural residential areas already approved by
competent state agencies.
2. Based on the local land fund and the rural development
master plans approved by competent state agencies, provincial-level People’s
Committees shall determine the land allocation quota to each household or
individual for housing construction in rural areas and the minimum area for the
division of a residential land parcel in accordance with local conditions and
customs.
3. The allocation of residential land in rural areas
indicated in the master plans, plans on land use must be in synchrony with the
master plan for public facilities and public non-business facilities, ensuring
convenience for production, people’s life, environmental sanitation and rural
modernization.
4. The State shall adopt policies to create conditions for
rural residents to have accommodation by making full use of the land in
existing residential areas and to restrict the expansion of residential areas
on agricultural land.
Article 144. Urban residential land
1. Urban residential land includes land for construction of
houses and facilities for livelihood, gardens and ponds within one land parcel
in an urban residential area which is established in accordance with the master
plan on land use and urban construction master plan already approved by competent
state agencies.
2. Urban residential land shall be allocated in synchrony
with land for construction of public facilities and non-business facilities,
ensuring environmental sanitation and modern urban landscape.
3. The State shall develop Master plan on land use for the
purpose of urban housing construction and adopt policies to create conditions
for urban residents to have accommodation.
4. Provincial-level People’s Committees shall, based on the
master plan on land use, urban construction master plans and the local land
fund, determine the allocation quota of residential land to each household or
individual for their own housing construction in case they are not eligible to
be allocated land in an investment project on housing construction; and prescribe
the minimum area for the division of a residential land parcel.
5. The change of land use purpose from residential land to
land for construction of production and business establishments must conform to
master plans, plans on land use and the urban construction master plan already
approved by competent state agencies and with regulations on public order,
safety and urban environmental protection.
Article 145. Land for construction of condominiums
1. Land for construction of condominiums includes land for
the construction of condominiums, facilities directly serving the life of families living in the condominiums and
facilities for public use in accordance with the construction master plan
approved by competent state agencies.
2. The land master plan for construction of condominiums
must be in harmony with the master plans on public facilities and environmental
protection.
3. The Government shall detail the use of land for
construction of condominiums.
Article 146. Land used for improvement and development of
urban areas and rural residential areas
1. Land for urban improvement and development includes land
for improvement of the existing inner urban areas and land planned for
expanding existing urban areas or developing new urban areas.
Land for improvement and development of rural residential
areas includes land for improvement of existing residential areas, land which
is part of the agricultural land fund for public purposes, and land planned for
expanding existing residential areas.
2. The use of land for improvement and development of urban
areas and rural residential areas must conform to the master plans, plans on
land use, urban construction master plan and master plan for development of
rural residential areas which have been approved by competent state agencies,
and with construction standards and regulations issued by competent state
agencies
3. Provincial-level People’s Committees shall organize the
development of projects and assign them to economic organizations, overseas
Vietnamese or foreign-invested enterprises for implementation in accordance
with law in order to improve or develop new urban or rural residential areas.
The land for such projects shall be allocated appropriately in master plans,
plans on land use for the whole area, including land for construction of
infrastructure, residential land, land for public facilities and non-business
facilities, land for trading and services and land for non-agricultural
production establishments.
When implementing projects on technical infrastructure,
development or improvement of urban or rural residential areas, the State shall
proactively recover the land which includes land for construction of
infrastructure and the nearby area in accordance with master plans, plans on
land use.
4. In case the communities develop or improve their
facilities for public purposes based on the contributions of people or the
support by the State, the voluntary contribution of land use rights,
compensation or support shall be agreed upon by the communities and the land
users.
Article 147. Land for construction of offices and
non-business facilities
1. Land for construction of offices includes land for
construction of offices of state agencies, political organizations and
socio-political organizations.
2. Land for construction of non-business facilities includes
land for construction of non-business facilities in the sectors and fields of
economy, culture, society, health, education and training, physical training
and sports, science and technology, environment, and foreign affairs and other
non-business facilities.
3. The use of land prescribed in Clauses 1 and 2 of this
Article must conform to the master plans, plans on land use, the urban
construction master plan and the master plan for development of rural residential
areas approved by competent state agencies.
4. The heads of agencies or organizations to which land is
allocated or leased shall preserve the allocated or leased land and ensure
proper land use purposes.
It is forbidden to use the land for construction of offices
and non-business facilities for other purposes.
5. The State shall encourage the use of land for the purpose
of development of culture, health, education and training, physical training
and sports, science and technology, and environment.
Article 148. Land for national defense or security purpose
1. Land used for national defense or security purpose
includes land used in the cases prescribed in Article 61 of this Law.
2. Provincial-level People’s Committees shall perform the
state management over land used for national defense or security purpose in
their localities.
The Ministry of National Defense and the Ministry of Public
Security shall coordinate with provincial-level People’s Committees in
formulating master plans, plans on land use for national defense or security
purpose to meet the requirements of socio-economic development and
strengthening of national defense and security; review and define the
boundaries of land used for national defense or security purpose; and define
the areas and locations of land for national defense or security purpose which
are no more needed or are improperly used, for handover to the localities for
management and use.
3. For land areas that are planned for national defense or
security purpose but are still not used for these purposes, the current users
may continue using the land until the decision by a competent state agency to
recover the land is issued, but must not cause deformation to the natural
terrain.
4. The Government shall detail this Article.
Article 149. Land for industrial parks, export processing
zones, industrial clusters and trade villages
1. The use of land for construction of industrial parks,
export processing zones, industrial clusters or trade villages must conform to
master plans, plans on land use and detailed construction master plans approved
by competent state agencies.
During the planning and establishment of industrial parks or
export processing zones, the planning and construction of housing areas and
public facilities outside the industrial parks or export processing zones to
serve the life of workers in industrial parks or export processing zones must
be carried out concurrently.
2. The State shall lease the land to economic organizations,
overseas Vietnamese or foreign- invested enterprises to invest in construction
and commercial operation of infrastructure of industrial parks, industrial
clusters and export processing zones. For the land area that is leased with
annual rental payment, the lessee may sublease that land with annual rental
payment. For the land area that is leased with full one-off rental payment for
the entire lease period, the lessee may sublease that land with full one-off
rental payment for the entire lease period or annual rental payment.
Investors are entitled to exemption from land rental for the
land used for construction of infrastructure for common use in industrial
parks, industrial clusters or export processing zones.
3. Economic organizations, households, individuals, overseas
Vietnamese and foreign- invested enterprises that invest in production and
business in industrial parks, industrial clusters or export processing zones
are entitled to sublease land together with infrastructure from other economic
organizations, overseas Vietnamese or foreign-invested enterprises that have
invested in the construction and commercial operation of infrastructure, and
have the following rights and obligations:
a) In case of subleasing land with full one-off rental
payment for the entire lease period, they have the rights and obligations
prescribed in Article 174 of this Law;
b) In case of subleasing land with annual rental payment,
they have the rights and obligations prescribed in Article 175 of this Law.
4. Land users in industrial parks, industrial clusters or
export processing zones shall use land for the determined land use purposes, be
granted a certificate of land use rights and ownership of houses and other
land-attached assets, and have the rights and obligations prescribed in this
Law.
5. Economic organizations, households, individuals or
overseas Vietnamese that invest in production and business in industrial parks,
industrial clusters or export processing zones and have been allocated land by
the State or acquired land use rights together with infrastructure from other
economic organizations or overseas Vietnamese that have invested in the
construction and commercial operation of infrastructure of industrial parks,
industrial clusters or export processing zones prior to the effective date of
this Law, may continue using the land for the remaining project duration
without having to change to lease land. At the expiry of the project duration,
if these subjects still have demand, the State shall consider leasing land to
them in accordance with this Law.
6. The Government shall detail this Article.
Article 150. Land for hi-tech zones
1. Land for hi-tech zones that are established under
decisions of the Prime Minister includes land of different categories with
different land use regimes used for the production and trading of hi-tech
products, research, development and application of high technology and training
of hi-tech human resources.
During the planning and establishment of hi-tech zones, the
planning and construction of housing areas and public facilities outside the
hi-tech zones to serve the life of experts and workers in hi-tech zones must be
carried out concurrently.
2. The management board of a hi-tech zone shall be allocated
land in the hi-tech zone by the provincial-level People’s Committee. The board
may lease land to organizations, individuals, overseas Vietnamese or
foreign-invested enterprises using land in the hi-tech zone in accordance with
this Law.
3. The management board of a hi-tech zone shall make a
detailed construction plan of the hi-tech zone and submit it to the
provincial-level People’s Committee of the locality where the land is located
for approval.
The provincial-level People’s Committee shall allocate land
to the management board of the hi-tech zone to organize the construction and
development of the hi-tech zone in accordance with the approved master plan.
4. Land users that lease land in a hi-tech zone from its
management board have the same rights and obligations as leasing land from the
State in accordance with this Law.
5. The enterprise that develops the hi-tech zone or develops
the infrastructure is entitled to lease land from the management board. Those
who have demand to use land in the hi-tech zone may sublease land from this
enterprise.
6. Land users in a hi-tech zone shall use land in accordance
with land use purposes indicated in the land lease contract, be granted a
certificate of land use rights and ownership of houses and other land-attached
assets, and have the rights and obligations prescribed in this Law.
In case of transfer of land use rights in a hi-tech zone,
the transferee shall continue using the land for the determined land use
purpose.
7. The State shall encourage organizations, overseas
Vietnamese and foreign-invested enterprises to invest in the construction and
commercial operation of infrastructure in hi-tech zones, and encourage
organizations, individuals, overseas Vietnamese and foreign-invested
enterprises to use land for the development of science and technology.
8. The determination of land rental rates and calculation of
land rentals in hi-tech zones must comply with this Law.
Article 151. Land
for economic zones
1. Land for economic zones includes land used for
construction of economic zones or border- gate economic zones which are
established under decisions of the Prime Minister. Land in an economic zone
includes land used for its functional areas, including non-tariff zone, tariff-
bonded zone, export processing zone, industrial park, entertainment zone,
tourist area, urban area, residential area, administrative area and other
functional areas which are consistent with characteristics of each economic
zone in order to create an especially favorable investment and business
environment for investors.
The construction or opening of an economic zone must conform
to the master plan on the economic zone system in the whole country.
2. Provincial-level People’s Committees shall allocate land
to the management boards of economic zones to organize the construction of the
economic zones in accordance with the approved land use plan which is included
in the detailed construction master plans of the economic zones.
3. The management board of an economic zone shall carry out
the compensation and ground clearance for the recovered land which is allocated
by a competent state agency before re-allocating or leasing the land. The
management board may re-allocate land with or without land use levy or lease
land to land users that need to use the land in the functional areas of the
economic zone under Articles 54, 55 and 56 of this Law.
The land use term for production and business in an economic
zone must not exceed 70 years.
4. Land users in an economic zone are entitled to invest in
the construction of and trading in houses and infrastructure, and to conduct
production, business and service activities, and have the following rights and
obligations:
a) In case of being re-allocated land in the economic zone
by the management board, they have the rights and obligations as allocated land
by the State in accordance with this Law;
b) In case of leasing land in the economic zone from the
management board, they have the rights and obligations as leasing land from the
State in accordance with this Law.
5. The State shall encourage investment in the construction
and commercial operation of infrastructure in economic zones and encourage the
use of land for economic development.
6. The land use regime and rights and obligations of land
users in an economic zone shall apply in accordance with each type of land as
prescribed in this Law.
7. Economic organizations, households, individuals or
overseas Vietnamese that invest in production and business in an economic zone
and have been allocated land by the State or acquired land use rights from
other economic organizations or overseas Vietnamese prior to the effective date
of this Law may continue using the land for the remaining project duration
without having to change to lease land. At the expiry of the project duration,
if these subjects still have demand, the management board shall consider
leasing land to them in accordance with this Law.
8. The Government shall detail this Article.
Article 152. Land used for mining activities
1. Land used for mining activities includes land used for
mineral exploration, exploitation and processing, land for auxiliary facilities
for mining activities and safety corridors in
mining activities.
2. Land used for mineral exploration and exploitation shall
be leased by the State to organizations, individuals, overseas Vietnamese or
foreign-invested enterprises that are permitted to carry out projects on
mineral exploration and exploitation.
Land used as ground for mineral processing falls under the
type of non-agricultural land for production and business purposes with the
same land use regime as for the land for trading and services or
non-agricultural production establishments as prescribed in Article 153 of this
Law.
3. The use of land for mining activities must comply with
the following provisions:
a) Having a license for mining activities and a decision on
land lease for mineral exploration and exploitation or a decision on lease of
land as mineral processing ground, granted by a competent state agency
according to the Government’s regulations;
b) Taking measures for environmental protection, waste treatment
and other measures to avoid causing damage to other land users in the area or
the surrounding areas;
c) The use of land must be in line with the progress of
mineral exploration and exploitation. Land users shall return the land in
accordance with the progress of mineral exploration and exploitation and with
the status of surface soil as stipulated in the land lease contract;
d) If the mineral exploration and exploitation do not
require the use of surface soil or do not affect the use of the ground, there
is no need to lease the surface soil.
Article 153. Land used for trading and services; land for
non-agricultural production establishments
1. Land used for trading or services includes land used for
construction of trading or service establishments and other facilities serving
trading or services.
Land used for non-agricultural production establishments
includes land used for construction of non-agricultural production
establishments that are located outside industrial parks, industrial clusters
or export processing zones.
2. The use of land for trading, services and
non-agricultural production establishments must be in line with master plans,
plans on land use, urban construction master plan and master plan for
development of rural residential areas which have been approved by competent
state agencies, and with regulations on environmental protection.
3. Economic organizations, households or individuals may use
land for trading, services or for non-agricultural production establishments,
which is the land obtained through leasing land from the State, acquiring land
use rights, leasing or subleasing land or receiving land use rights contributed
as capital from other economic organizations, households or individuals, or
from overseas Vietnamese, or subleasing land together with infrastructure from
foreign-invested enterprises.
Overseas Vietnamese may use land for trading, services or
non-agricultural production establishments, which is the land obtained through
leasing land from the State, or leasing or subleasing land from other economic
organizations, households or individuals, or from other overseas Vietnamese, or
subleasing land together with infrastructure from foreign-invested enterprises.
Overseas Vietnamese who are defined Clause 1, Article 186 of this Law are also
entitled to obtain land through inheritance or donation of land use rights to
use for construction of trading, services or non-agricultural production
establishments.
Foreign-invested enterprises may use land for trading,
services or non-agricultural production establishments, which is the land
obtained through leasing land from the State, or leasing or subleasing land
from economic organizations or overseas Vietnamese, or subleasing land together
with infrastructure from other foreign-invested enterprises.
Article 154. Land used for production of construction
materials and ceramic products
1. Land used for production of construction materials and
ceramic products includes land, land with surface water for material
exploitation and land used as ground for processing and producing construction
materials and ceramic products.
The use of land for exploiting raw materials for
manufacturing bricks, tiles or ceramic products must take advantage of hilly
land, uncultivated hillocks, abandoned land, land in riverbed or ponds or lakes
that need to be dig deep, land along the rivers not being used for agricultural
production, soil dikes no longer in use, or land from rehabilitation of rice
fields.
2. Land or land with surface water used for exploiting raw
materials shall be leased by the State to households or individuals that are
permitted to exploit raw materials for the production of construction materials
and ceramic products; to economic organizations, overseas Vietnamese or
foreign-invested enterprises that are licensed to implement investment projects
on exploitation of raw materials for production of construction materials and
ceramic products.
Land used as ground for production of construction materials
and ceramic products falls under the type of non-agricultural land for
production and business purposes with the same land use regimes as for trading,
services or non-agricultural production establishments as prescribed in Article
153 of this Law.
3. The use of land for production of construction materials
and ceramic products must comply with the following provisions:
a) Having a decision on land lease for the purpose of
exploitation of raw materials, processing and production of construction
materials and ceramic products issued by a competent state agency;
b) Taking necessary measures to avoid causing damage to
production activities, life and negative effects to the environment, water
flows or transportation;
c) Land
users shall return the land in accordance with the progress of exploitation of raw
materials and with the status of surface soil as stipulated in the land lease
contract.
4. It is forbidden to use land of the following types to
exploit raw materials for manufacturing bricks, tiles or ceramic products:
a) Land with historical-cultural relics or scenic landscapes
which have been ranked or placed under the protection of provincial-level
People’s Committees;
b) Land within the safety corridor of construction
facilities.
5. In the process of using land to exploit raw materials for
manufacturing bricks, tiles or ceramic products, land users shall apply
appropriate technology measures to exploit and use the land suitably and
economically and shall take necessary measures to avoid causing damage to
production activities and the life of adjacent land users and adverse effects
to the environment.
Article 155. Land used for public purposes or for
implementation of build-transfer (BT) and build-operate-transfer (BOT) projects
1. The use of land for public purposes must be in line with
the master plans, plans on land use, urban construction master plan and master
plan for development of rural residential areas approved by competent state
agencies.
2. For land used for public purposes, a detailed
construction master plan must be formulated which clearly defines the
functional areas used for public purposes involving non-commercial purpose and
functional areas used for public purposes involving commercial purpose.
The land used for functional areas for non-commercial
purposes shall be allocated by the State without land use levy under Article 54
of this Law. The land used for functional areas for commercial purpose shall be
leased by the State under Article 56 of this Law.
3. The State shall allocate land to investors for management
to implement BT projects and allocate or lease land to investors to implement
BOT projects and other forms as prescribed by the investment law.
4. The Government shall detail this Article.
Article 156. Land used for civil airports and airfields
1. Land used for civil aviation operations at airports or
airfields includes:
a) Land used for construction of offices of state agencies
which operate constantly at airports or airfields;
b) Land
used for construction of infrastructure in airports or airfields, including
land for construction of runways, taxiways, aircraft parking areas, facilities
to ensure flight operations, aviation security and airfield emergency, fences,
construction-serving roads, internal roads and other auxiliary facilities areas
of the airfields;
c) Land used for construction of facilities for aviation
services at airports or airfields;
d) Land used for construction of facilities for non-aviation
services.
2. Airport authorities shall be allocated land by
provincial-level People’s Committees in accordance with master plans, plans on
land use and master plan for airports and airfields which have been approved by
competent state agencies. The certificate of land use rights and ownership of
houses and other land-attached assets which are used for civil aviation operations
at airports or airfields shall be granted to the airport authorities.
3. Based on master plans, plans on land use approved by the
state management agency in charge of civil aviation, airport authorities shall
allocate land without land use levy or lease land in accordance with the
following provisions:
a) Allocation of land without land use levy for the land
specified at Points a and b, Clause 1 of this Article;
b) Lease of land with annual rental payment for the land
specified in Points c and d, Clause 1 of this Article. The calculation and
collection of land rental must comply with this Law.
4. Organizations and individuals using land at airports or
airfields have the following rights and obligations:
a) To use land for proper purposes; to refrain from
exchanging, transferring, donating or leasing land use rights, or mortgaging or
contributing as capital land use rights;
b) To use the assets under their ownership which are
attached to the leased land as collateral at credit institutions which are licensed
to operate in Vietnam; to sell or lease assets and contribute as capital assets
under their ownership which are attached to the leased land.
5. The Government shall detail this Article.
Article 157. Land used for construction of public facilities
with safety corridors
1. Land used for construction of public facilities with
safety corridors includes land used for construction of systems of transport,
irrigation, dykes, water supply and drainage, waste treatment, power
transmission, oil and gas pipelines and communication, and land within the
safety corridors of these systems.
2. The use of land for public facilities with safety
corridors must ensure the use of both the aerial and underground space, the
combination of different facilities in the same land area in order to save
land, and comply with relevant specialized laws concerning safety protection of
facilities.
3. Legally recognized users of land within the safety coưidors may continue using the land in accordance with the
determined purposes and may not hinder the safety protection of the facilities.
In case the use of that land hinders the safety protection
of the facilities, the owners of facilities and the land users shall take
remedial measures. In case of failure to remedy the problem, the State will
recover the land and pay compensation in accordance with law.
4. Agencies or organizations directly managing the
facilities with safety corridors shall publicize information on boundary marks
of the safety corridors and take the main responsibility for the protection of
the facilities. In case the safety corridors of the facilities are illegally
encroached, occupied or used, the agencies or organizations shall promptly
report it to and request handling from the commune-level People’s Committee of the
locality where the safety corridors are located.
5. The People’s Committees of all levels of the locality
where the facilities with safety corridors are located shall coordinate with
the agencies or organizations directly managing the facilities in disseminating
laws and regulations on safety protection of facilities, publicizing boundary
marks for the land use within the safety corridors and promptly deal with the
illegal occupation, encroachment or use of the safety corridors.
6. The Government shall detail this Article.
Article 158. Land with historical-cultural relics and
landscapes
1. Land with historical-cultural relics and landscapes which
are ranked or under the protection of provincial-level People’s Committees
shall be strictly managed in accordance with the following provisions:
a) Organizations, households, individuals and communities
that directly manage land with historical-cultural relics and landscapes shall
assume the main responsibility in the use of such land in accordance with the
law on cultural heritage;
b) Commune-level People’s Committees shall assume the main
responsibility for the management over land with historical-cultural relics and
landscapes in their localities which are not specified at Point a of this
Clause;
c) If
land with historical-cultural relics and landscapes is encroached, occupied or
used for improper or illegal purposes, the chairperson of the commune-level
People’s Committee of the locality where such land is located shall detect,
prevent and deal with these illegal activities promptly.
2. In special cases in which it is necessary to use land
with historical-cultural relics and landscapes for other purposes, the change
of the land use purpose must conform with the master plans, plans on land use
approved by competent state agencies and must be approved in writing by the
state agencies which have the competence to decide on the ranking of those
historical- cultural relics and landscapes.
Article 159. Land used by religious establishments
1. Land used by religious establishments includes land for
pagodas, churches, oratories, sanctuaries, monasteries, religious schools, head
offices of religious establishments and other religious establishments whose
operation is licensed by the State.
2. Provincial-level People’s Committees shall base
themselves on the state policies on religions and master plans, plans on land
use approved by competent state agencies to determine the land areas to be
allocated to the religious establishments.
Article 160. Land
used for belief practices
1. Land for belief practices includes land for communal
houses, temples, shrines, hermitages, ancestral worship houses and ancestral
temples.
2. Land for belief practices must be used properly and in
accordance with the master plans, plans on land use, urban construction master
plan and master plan for development of rural residential areas which have been
approved by competent state agencies.
3. The construction or expansion of communal houses,
temples, shrines, hermitages, ancestral worship houses and ancestral temples of
the communities must be permitted by competent state agencies.
Article 161. Land used for construction of underground
facilities
1. The use of land for construction of underground
facilities must conform to the master plan for construction of underground
facilities, land use plans and other related master plans which have been
approved by competent state agencies.
2. Provincial-level People’s Committees shall decide on land
allocation and land lease for construction of underground facilities in
accordance with the Government’s regulations.
Article 162. Land
used to cemeteries or graveyards
1. Land used for cemeteries or graveyards must be developed
in concentrated areas in conformity with master plan on land use; be located
far from residential areas and convenient for burial services and visits,
satisfying sanitation and environmental requirements and used economically.
2. Provincial-level People’s Committees shall prescribe land
quotas and management regimes for construction of graves, statues and
monuments, and memorial stela in cemeteries or graveyards with economical use
of land, and adopt policies to encourage the burial without using land.
3. It is forbidden to build cemeteries or graveyards which
are not in conformity with master plans, plans on land use which have been
approved by competent state agencies.
Article 163. Land with rivers, streams, canals, springs and
special-use water surface
1. Based on the determined main purpose, land with rivers,
streams, canals, springs or special-use water surface must be used and managed
in accordance with the following provisions:
a) The State shall allocate land with special-use water
surface to organizations for management in combination with use and
exploitation of such land for non-agriculture purposes, or non-agriculture
purposes in combination with aquaculture and exploitation of aquatic resources;
b) The State shall lease out land with rivers, streams,
canals or springs with annual rental payment to economic organizations, households
or individuals for aquaculture;
c) The State shall lease out land with rivers, streams,
canals or springs with annual rental payment to overseas Vietnamese or
foreign-invested enterprises for implementing their investment projects on
aquaculture.
2. The exploitation and use of land with rivers, streams,
canals, springs or special-use water surface must not affect the determined
main land use purpose; and must also comply with the technical regulations of
the related sector or field and the regulations on environmental and landscape
protection, and may not obstruct natural flows and waterway transportation.
Section
4. UNUSED LAND
Article 164. Management of unused land
1. Commune-level People’s Committees shall manage and
protect unused land in their localities and register it in cadastral records.
2. Provincial-level People’s Committees shall manage unused
land on uninhabited islands.
3. The management of unused land must comply with the
Government’s regulations.
Article 165. Putting of unused land into use
1. Based on the master plans, plans on land use approved by
competent state agencies, the People’s Committees of all levels shall make
plans for investment, reclamation and improvement of the unused land in order
to put it into use.
2. The State shall encourage investment by organizations,
households and individuals to put unused land into use in accordance with the
master plans, plans on land use approved by competent state agencies.
3. Land areas planned for agricultural purposes shall be
allocated with priority to local households or individuals directly engaged in agricultural, forestry, aquaculture or salt
production that have not been allocated land or lack production land.
Chapter
11.RIGHTS AND OBLIGATIONS OF LAND USERS
Section
1. GENERAL PROVISIONS
Article 166. General
rights of land users
1. To be granted the certificate of land use rights, houses
and other land-related assets ownership.
2. To enjoy the results of the labor and investment on land.
3. To enjoy the benefits derived from facilities constructed
by the State for protecting and improving agricultural land.
4. To receive the State’s guidance and assistance in the
improvement and fertilization of agricultural land.
5. To be protected by the State against others’
infringements of their lawful rights and benefits involving land.
6. To receive compensation when land is recovered by the
State in accordance with this Law.
7. To complain about, denounce or file lawsuits over
violations of their lawful land use rights and other violations of the land
law.
Article 167. The right to exchange, transfer, lease,
sublease, inherit, donate, mortgage land use rights and contribute land use
rights as capital
1. Land users may exercise the rights to exchange, transfer,
lease, sublease, inherit, donate, mortgage land use rights and to contribute
land use rights as capital in accordance with this Law.
2. A group of land users sharing land use rights have the
following rights and obligations:
a) A group of land users including households and individuals
have the same rights and obligations as households and individuals in
accordance with this Law.
In case one member of the group of land users is an economic
organization, that group of land users has the same rights and obligations as
economic organizations in accordance with this Law;
b) For a group of land users sharing land use rights which
can be split into portions for each member in the group, if every member wants
to exercise his/her land use rights over such portion, they shall carry out the
prescribed procedures to have the common land parcel split into different
parcels of their own and apply for the certificates of land use rights and
ownership of houses and other land-attached assets. Those members will then
have the rights and obligations of land users in accordance with this Law.
In case land use rights of the group of land users can not
be split into portions, the group shall authorize its representative to
exercise the rights and perform the obligations of the group.
3. The notarization and certification of contracts and
documents on the exercise of the rights of land users shall be conducted as
follows:
a) Contracts on transfer, donation, mortgage or contribution
of land use rights as capital or the rights to use land and land-attached assets
must be notarized or certified, except the case of real estate business
prescribed at Point b of this Clause;
b) Contracts on lease or sublease of land use rights or the
rights to use land and land-attached assets, a contract on exchange of
agricultural land use rights, a contract on transfer of land use rights or the
rights to use land and land-attached assets in which one party or all parties
involved in the transaction is/are a real estate business organization or
organizations must be notarized or certified at the request of the parties;
c) The documents on inheritance of land use rights or the
rights to use land and land-attached assets must be notarized or certified
under the civil law;
d) The notarization shall be conducted at
notarization-practicing organizations and the certification shall be conducted
at commune-level People’s Committees.
Article 168. Time
to exercise the rights of land users
1. Land users may exercise the rights to transfer, lease,
sublease, donate and mortgage land use rights and to contribute land use rights
as capital upon receipt of a certificate. In case of exchanging agricultural
land use rights, land users may exercise their rights upon receipt of a
decision on land allocation or land lease. In case of inheritance of land use
rights, land users may exercise their rights upon receipt of a certificate or
when they are eligible to be granted a certificate.
A land user who is allowed to delay the performance of, or
owe, his/her financial obligations, may exercise his/her rights only after
fulfilling all financial obligations.
2. The transfer of land use rights within an investment
project on construction of houses for sale or lease or the transfer of land use
rights together with the whole project within an investment project on construction
of infrastructure for transfer or lease may only be conducted upon receipt of a
certificate and satisfaction of all conditions prescribed in Article 194 of
this Law.
Article 169. Acquisition of land use rights
1. Acquisition of land use rights is prescribed as follows:
a) Households and individuals may acquire agricultural land
use rights through exchange of land use rights as prescribed at Point b, Clause
1, Article 179 of this Law;
b) Economic organizations, households and individuals may acquire
land use rights through receipt of transfer of land use rights, except the
cases prescribed in Article 191 of this Law. Overseas Vietnamese may acquire
land use rights through receipt of transfer of land use rights in industrial
parks, industrial clusters, export processing zones, hi-tech zones or economic
zones. Foreign-invested enterprises may acquire investment capital which is the
value of land use rights in accordance with the Government’s regulations;
c) Organizations, households, individuals and communities
may acquire land use rights through receipt of donation of land use rights as
prescribed at Point c, Clause 2, Article 174, and Point e, Clause 1, Article
179, of this Law, except the case prescribed in Article 191 of this Law;
d) Organizations, households, individuals and communities
may acquire land use rights through receipt of inherited land use rights;
e) Overseas Vietnamese who are eligible to own houses in
Vietnam under the housing law may acquire land use rights through purchase, lease-purchase,
inheritance or donation of houses associated with land use rights, or acquire
land use rights in housing development projects;
f) Economic organizations and joint ventures may acquire
land use rights through receipt of contribution of land use rights as capital;
g) Organizations, households, individuals, communities,
religious establishments and overseas Vietnamese may acquire land use rights
through land allocation by the State. Foreign-invested enterprises may acquire
land use rights through land allocation by the State to carry out investment
projects on construction of houses for sale or for a combination of sale and
lease;
h) Economic organizations, self-financed public non-business
organizations, households, individuals, overseas Vietnamese, foreign-invested
enterprises and foreign organizations with diplomatic functions may acquire
land use rights through land lease by the State;
i) Organizations, households, individuals, communities and
religious establishments may acquire land use rights through the State’s
recognition of the existing stable use of the land;
k) Organizations, households, individuals, overseas
Vietnamese and foreign-invested enterprises may acquire land use rights through
the successful conciliation of land disputes which is certified by a competent
People’s Committee, the agreement in the mortgage contract to handle the debt,
or the decision of a competent state agency on settlement of land disputes,
complaints or denunciations, the decision or judgment of a People’s Court, the
decision on judgment enforcement of the judgment enforcement agency which has
been executed, the document recognizing the result of the auction of land use
rights in accordance with law, or the document on splitting land use rights for
households or groups sharing land use rights in accordance with law;
l/ Communities and religious establishments may acquire land
use rights through the successful conciliation of land disputes which is
certified by a competent People’s Committee, the decision of a competent state
agency on settlement of land disputes, complaints or denunciations, the
decision or judgment of a People’s Court, or the judgment enforcement decision
of the judgment enforcement agency which has been executed;
m/ The organization which is a newly established legal
entity through splitting or merger under the decision of a competent agency or
organization or according to a lawful document on splitting or merger of
economic organizations may acquire land use rights from the organizations which
are split or merged legal entities.
2. Households and individuals may acquire land use rights,
regardless of place of residence, except the cases prescribed in Clauses 3 and
4, Article 191, and Article 192 of this Law.
Article 170. General obligations of land users
1. To use the land for proper purposes, in accordance with
the land parcel boundaries, in compliance with regulations on use of the depth
beneath and the space above the parcel while protecting underground public
facilities and in accordance with other relevant laws.
2. To declare and register land; to complete all related
procedures upon exchange, transfer, lease, sublease, inheritance, donation of
land use rights; mortgage or contribution of land use rights as capital in
accordance with law.
3. To fulfill financial obligations in accordance with law.
4. To take measures to protect the land.
5. To comply with regulations on environmental protection
and not to cause damage to the lawful benefits of related land users.
6. To comply with the law on discovery of underground
objects.
7. To return the land upon the State’s decision on land
recovery or at the expiry of the land use term without being permitted to
extend the land use term.
Article 171. Limited use rights to the adjacent land parcel
1. The limited use rights to the adjacent land parcel
include the right to access path, water supply and drainage, irrigation and
drainage in cultivation, gas supply, power lines, communication and other
reasonable needs on the adjacent land parcel.
2. The limited use rights to the adjacent land parcel shall
be established in accordance with the civil law and must be registered under
Article 95 of this Law.
Article 172. Right to choose method of land rental payment
1. Economic organizations, self-financed public non-business
organizations, households, individuals, overseas Vietnamese and
foreign-invested enterprises specified in Clause 1, Article 56 of this Law may
choose between the form of annual rental payment or full one-off rental payment
for the entire lease period.
2. Economic organizations, self-financed public non-business
organizations, households, individuals, overseas Vietnamese and
foreign-invested enterprises that are leasing land from the State with annual
rental payment may change to the form of full one-off rental payment for the
entire lease period. The specific land price used for determination of land
rental must be re-determined in accordance with this Law at the time the
decision on approval of the change to the form of full one-off rental payment
for the entire lease period is issued.
Section
2. RIGHTS AND OBLIGATIONS OF ORGANIZATIONS USING LAND
Article 173. Rights and obligations of organizations that
are allocated land without land use levy by the State
1. Organizations to which the land is allocated by the State
without land use levy have the rights and obligations prescribed in Articles
166 and 170 of this Law.
2. Organizations to which the land is allocated by the State
without land use levy may not exchange, transfer, donate, lease land use rights;
mortgage, contribute land use rights as capital, and are not entitled to
compensation upon land recovery by the State.
Article 174. Rights and obligations of organizations that
are allocated land with land use levy by the State, or leased land with full
one-off rental payment for the entire lease period
1. In addition to the rights and obligations prescribed in
Clause 1 of this Article, economic organizations that are allocated land with
land use levy or leased land with full one-off payment for the entire lease
period by the State have the rights and obligations prescribed in Articles 166
and 170 of this Law.
2. Economic organizations that are allocated land with land
use levy or leased land with full one-off rental payment for the entire lease
period by the State have the following rights:
a) To transfer land use lights and land-attached assets
under their ownership;
b) To lease land use rights and land-attached assets under
their ownership in case of being allocated with land use levy by the State and
to sublease land use rights and land-attached assets under their ownership in
case of being leased land with full one-off rental payment for the entire lease
period by the State;
c) To donate land use rights to the State and communities
for construction of facilities for common public interests of the communities
and donate land-attached gratitude houses in accordance with law;
d) To mortgage with land use rights and land-attached assets
under their ownership at credit institutions which are licensed to operate in
Vietnam;
e) To contribute land use rights and land-attached assets
under their ownership as capital for cooperation in production and business
with organizations, individuals, overseas Vietnamese or foreign-invested
enterprises in accordance with law.
3. Self-financed public non-business organizations leasing
land with full one-off rental payment for the entire lease period from the
State and for which the paid rental does not originate from the state budget,
have the rights and obligations prescribed in Clauses 1 and 2 of this Article.
The exercise of the rights is subject to written approval by a competent state
agency.
Self-financed public non-business organizations leasing land
with full one-off rental payment for the entire lease period from the State and
for which the paid rental originates from the state budget have the rights and
obligations prescribed in Article 173 of this Law.
4. Organizations that are allocated land with land use levy
or leased land with full one-off rental payment for the entire lease period by
the State, but are entitled to exemption from or reduction of land use levy or
land rental, have the following rights and obligations:
a) If the organization is allocated or leased land by the
State for implementation of projects on construction of and trading in houses
and is entitled to exemption from or reduction of land use levy or land rental,
it has the same rights and obligations as being not entitled to exemption from
or reduction of land use levy or land rental;
b) If the organization is allocated or leased land by the
State for implementation of investment projects for profit purpose that is not
prescribed at Point a of this Clause, and is allowed to pay a reduced land use
levy or land rental, it has the same rights and obligations as being not
entitled to exemption from or reduction of land use levy or land rental for the
land type with similar land use purpose;
c) If the organization is allocated or leased land by the
State for implementation of investment projects for profit purpose that is not
prescribed at Point a of this Clause, and is exempted from land use levy or
land rental, it has the same rights and obligations as leasing land with annual
rental payment for the land type with similar land use purpose.
Article 175. Rights and obligations of economic
organizations and public non-business organizations using leased land with
annual rental payment
1. Economic organizations or public non-business
organizations using leased land from the State with annual rental payment have
the following rights and obligations:
a) General rights and obligations prescribed in Article 166
and Article 170 of this Law;
b) To mortgage their assets attached to the leased land at
credit institutions which are licensed to operate in Vietnam;
c) To sell their assets attached to the leased land upon the
satisfaction of the conditions prescribed in Article 189 of this Law. The buyer
of these assets may continue to be leased land for determined land use purpose
by the State;
d / To contribute their assets attached to the leased land
as capital. The recipient of these assets may continue to be leased land for
determined land use purpose by the State;
e) To sublease land use rights with annual rental payment
for the land with completely constructed infrastructure in case they are
permitted to invest in the construction and commercial operation of
infrastructure in industrial parks, industrial clusters, export processing
zones, hi-tech zones or economic zones.
2. Economic organizations or public non-business
organizations using land leased from organizations, households or individuals
that are located outside industrial parks, industrial clusters or export
processing zones have the rights and obligations prescribed in the civil law.
Article 176. Rights and obligations of economic
organizations which acquire land use rights or change land use purposes
1. Economic organizations which acquire land use rights or
change land use purpose have the general rights and obligations prescribed in
Articles 166 and 170 of this Law.
2. Economic organizations acquiring the rights to use the
land which originates from being allocated with land use levy or being leased
with full one-off rental payment for the entire lease period by the State and
the land use levy or land rental does not originate from the state budget have
the rights and obligations prescribed in Clause 2, Article 174 of this Law.
3. Economic organizations acquiring the agricultural land
use rights in accordance with law have the following rights and obligations:
a) If they acquire land use rights without changing, the
land use purpose, they have the rights and obligations prescribed in Clause 2,
Article 174 of this Law;
b) If they acquire land use rights and change the land use
purpose and are eligible for being allocated land with land use levy or leased
land with full one-off rental payment for the entire lease period, they have
the rights and obligations prescribed in Clause 2, Article 174 of this Law;
c) If they acquire land use rights and change the land use
purpose and are eligible for being leased land with annual rental payment, they
have the rights and obligations prescribed in Article 175 of this Law.
4. The rights and obligations of economic organizations
which are approved by competent state agencies to change the land use purpose
from land allocation without land use levy to land allocation with land use
levy or to land lease are prescribed as follows:
a) If the economic organization is allocated land with land
use levy or leased land with full one-off rental payment for the entire lease
period, it has the rights and obligations prescribed in Clause 2, Article 174
of this Law;
b) If the economic organization is leased land with annual
rental payment, it has the rights and obligations prescribed in Clause 1,
Article 175 of this Law.
Article 177. Rights and obligations of economic
organizations receiving land use rights as contributed capital; land use rights
of economic organizations upon dissolution or bankruptcy
1. Economic organizations receiving land use rights as
contributed capital from households, individuals or other economic
organizations have the rights and obligations prescribed in Article 174 of this
Law in the following cases:
a) The land of economic organizations which contribute capital
is the land allocated with land use levy or leased with full one-off rental
payment for the entire lease period by the State, or obtained through
acquisition of land use rights;
b) The land contributed by households or individuals is not
the land leased by the State with annual rental payment.
2. Land use rights of cooperatives upon dissolution or
bankruptcy are prescribed as follows:
a) The land allocated without land use levy or allocated
with land use levy or leased by the State or obtained through buying
land-attached assets or obtained through lawful acquisition of land use rights
from others for which the land use levy or land rental, or the paid amount for
purchase of land-attached assets, or the fund for acquisition of land use
rights originates from the state budget, shall be recovered by the State;
b) The land allocated with land use levy, leased with foil
one-off rental payment for the entire lease period by the State, or obtained
through buying land-attached assets or obtained through lawful acquisition of
land use rights from others for which the land use levy or land rental, or the
paid amount for purchase of land-attached assets, or the fund for acquisition
of land use rights does not originate from the state budget; the land obtained
through contribution of land use rights as capital from cooperative members, is
not recovered by the State. Land use rights belong to the cooperative and shall
be settled in accordance with the charter of the cooperative and the resolution
of the members’ meeting.
3. Land use rights of the economic organization which is an
enterprise, upon its dissolution or bankruptcy, shall be settled in accordance
with law.
Article 178. Rights
and obligations of economic organizations that are leased land for construction
of underground facilities
Economic organizations that are leased land by the State to
invest in the construction of underground facilities have the following rights
and obligations:
1. If the land is leased with full one-off rental payment
for the entire lease period, they have the same rights and obligations as
economic organizations prescribed in Clauses 1, 2 and 4, Article 174 of this
Law;
2. If the land is leased with annual rental payment, they
have the same rights and obligations as economic organizations prescribed in
Clause 1, Article 175 of this Law.
Section
3. RIGHTS AND OBLIGATIONS OF HOUSEHOLDS, INDIVIDUALS AND COMMUNITIES USING LAND
Article 179. Rights and obligations of households and
individuals using land
1. Households or individuals that use agricultural land
allocated by the State within land use quotas, are allocated land with land use
levy or leased with full one-off rental payment for the entire lease period,
have land use rights recognized by the State, or obtain land through exchange, transfer,
inheritance or donation, have the following rights and obligations:
a) The general rights and obligations prescribed in Article
166 and Article 170 of this Law;
b) To exchange agricultural land use rights with other
households and individuals within the same commune, ward or township;
c) To transfer land use rights in accordance with law;
d) To lease land use rights to other organizations,
households, individuals or overseas Vietnamese investing in Vietnam;
e) Individuals using land are entitled to bequeath their
land use rights in accordance with their will or law.
If any member of a household to which land has been
allocated by die State dies, land use rights of that member may be inherited in
accordance with his/her will or law.
If the heir is an overseas Vietnamese who falls into the
category defined in Clause 1, Article 186 of this Law, he)she is entitled to
inherit land use rights. Otherwise, he)she is only entitled to receive the
value of the inherited land use rights;
e) To donate land use rights under Point c, Clause 2,
Article 174 of this Law and to donate land use rights to households,
individuals or overseas Vietnamese who fall into the category defined in Clause
1, Article 186 of this Law;
g) To mortgage land use rights at credit institutions which
are licensed to operate in Vietnam, or at other economic organizations or
individuals in accordance with law;
h) To contribute land use rights as capital to
organizations, households, individuals or overseas Vietnamese for cooperation
in production or business;
i) In case the land is subject to recovery for project
implementation, land users are entitled to invest on land by their own or to
lease land use rights to the investor or to contribute land use rights as
capital to the investor for project implementation in accordance with the
Government’s regulations.
2. Households or individuals that are leased land by the
State with annual rental payment have the following rights and obligations:
a) The general rights and obligations prescribed in Article
166 and Article 170 of this Law;
b) To sell their assets attached to the leased land. The
buyer of these assets may continue leasing land from the State for the
determined purpose;
c) To inherit or donate their assets attached to the leased
land. The heir or donee may continue leasing land from the State for the
determined purpose;
d) To lease their assets attached to the leased land in
accordance with the civil law;
e) To mortgage their assets
attached to the leased land at credit institutions which are licensed to
operate in Vietnam, or at other economic organizations or individuals in
accordance with law;
f) To contribute their assets attached to the leased land
within the lease term as capital tó organizations,
households, individuals or overseas Vietnamese for cooperation in production or
business. The recipient of such capital contribution may continue leasing land
from the State for the determined purpose
3. Households or individuals that sublease land in
industrial parks, industrial clusters or export processing zones have the
following rights and obligations:
a) In case of leasing or subleasing land with full one-off
rental payment for the entire lease period, they have the rights and
obligations prescribed in Clause 1 of this Article;
b) In case of leasing or subleasing land with annual rental
payment, they have the rights and obligations prescribed in Clause 2 of this
Article.
4. Households or individuals that are allocated or leased
land by the State and are entitled to exemption from or reductions of land use
levy or land rental have the same rights and obligations as being not entitled
to exemption from or reductions of land use levy or land rental.
5. Households or individuals that use leased land from
organizations, households or individuals that do not fall into the case
specified in Clause 3 of this Article, have the rights and obligations
prescribed in the civil law,
Article 180. Rights and obligations of households and
individuals changing land use purpose from land allocation without land use
levy to land allocation with land use levy or land lease
1. Households or individuals that change land use purpose
from land allocation without land use levy to land allocation with land use
levy or land lease have the general rights and obligations prescribed in
Articles 166 and 170 of this Law.
2. The rights and obligations of households or individuals
using land of which the land use purpose is permitted to change from land
allocation without land use levy to land allocation with land use levy or land
lease by competent state agencies are prescribed as follows:
a) In case of being allocated land with land use levy or
leased land with full one-off rental payment for the entire lease period, these
households or individuals have the rights and obligations prescribed in Clause
1, Article 179 of this Law;
b) In case of being leased land with annual rental payment,
these households or individuals have the rights and obligations prescribed in
Clause 2, Article 179 of this Law.
Article 181. Rights and obligations of religious
establishments and communities using land
1. Religious establishments and communities using land have
the general rights and obligations prescribed in Articles 166 and 170 of this
Law.
2. Religious establishments and communities using land may
not exchange, transfer, lease or donate land use rights or mortgage or
contribute as capital land use rights.
Section
4. RIGHTS AND OBLIGATIONS OF OVERSEAS VIETNAMESE, FOREIGN ORGANIZATIONS WITH
DIPLOMATIC FUNCTIONS AND FOREIGN-INVESTED ENTERPRISES USING LAND
Article 182. Rights and obligations of foreign organizations
with diplomatic functions
1. Foreign organizations with diplomatic functions using
land in Vietnam have the following rights and obligations:
a) The general rights and obligations prescribed in Articles
166 and 170 of this Law;
b) To construct facilities on land in accordance with the
licenses granted by competent state agencies of Vietnam;
c) To own the facilities on the leased land constructed by
their own within the lease term.
2. In case there are different provisions in treaties to
which the Socialist Republic of Vietnam is a contracting party, foreign
organizations with diplomatic functions have the rights and obligations as
provided in those treaties.
Article 183. Rights and obligations of overseas Vietnamese
and foreign-invested enterprises using land for implementation of investment
projects in Vietnam
1. Overseas Vietnamese investing in Vietnam who are
allocated land with land use levy by the Vietnamese State have the following
rights and obligations:
a) The general rights and obligations prescribed in Articles
166 and 170 of this Law;
b) The rights and obligations prescribed in Clause 2,
Article 174 of this Law.
2. Overseas Vietnamese and foreign-invested enterprises that
are leased land with annual rental payment from the Vietnamese State have the
following rights and obligations:
a) The general rights and obligations prescribed in Articles
166 and 170 of this Law;
b) To mortgage their assets attached to the leased land at
credit institutions which are licensed to operate in Vietnam, and to contribute
as capital their assets attached to the leased land. The recipient of the
capital contribution may lease land from the State for the determined purpose
for the remaining lease term;
c) To sell their assets
attached to the leased land upon fulfillment of the requirements prescribed in
Article 189 of this Law;
d) To lease houses if they are permitted to invest in the
construction of and trading in houses.
3. Overseas Vietnamese or foreign-invested enterprises that
lease land from the State with full one-off rental payment for the entire lease
period and foreign-invested enterprises that are allocated land with land use
levy to implement projects have the following rights and obligations:
a) The general rights and obligations prescribed in Articles
166 and 170 of this Law;
b) To transfer land use rights and land-attached assets
under their ownership during the land use term;
c) To lease and sublease land use rights and land-attached
assets under their ownership within the land use term;
d) To mortgage land use rights and land-attached assets
under their ownership at credit institutions which are licensed to operate in
Vietnam within the land use term;
e) To contribute land use rights and land-attached assets
under their ownership as capital for cooperation in production and business
within the land use term.
4. Foreign-invested enterprises using land formed through
the purchase of shares of Vietnamese enterprises have the following rights and
obligations:
a) In case the foreign-invested enterprise formed through
the purchase of shares of Vietnamese enterprises is a wholly foreign-invested
enterprise or a foreign-invested enterprise in which the foreign investor is
the dominant shareholder in accordance with the law on enterprises, that
foreign-invested enterprise has the rights and obligations prescribed in
Clauses 2 and 3 of this Article corresponding to the form of payment of land
use levy or land rental;
b) In
case the foreign-invested enterprise formed through the purchase of shares of
Vietnamese enterprises is an enterprise in which the Vietnamese party is the
dominant shareholder in accordance with the law on enterprises, that
foreign-invested enterprise has the rights and obligations as economic
organizations as prescribed in Articles 174 and 175 of this Law.
5. For overseas Vietnamese or foreign-invested enterprises
that use land to implement investment projects in Vietnam and are allocated or
leased with full one-off rental payment for the entire lease period by the
State and are exempted from land use levy or land rental or allowed to pay a
reduced one, they have the rights and obligations prescribed in Clause 4,
Article 174 of this Law.
Article 184. Rights and obligations of joint ventures using
land through receipt of land use rights as capital and wholly foreign-invested
enterprises which are converted from joint ventures
1. Joint ventures between foreign organizations, foreign
individuals or overseas Vietnamese and economic organizations in which the
economic organizations contribute land use rights as capital, have the rights
and obligations prescribed in Article 174 of this Law in the following cases:
a) The land of which land use rights are contributed by the
economic organizations is land allocated with land use levy or leased with full
one-off rental payment for the entire lease period by the State, and the paid
amount of land use levy or land rental does not originate from the state
budget;
b) The land of which land use rights is contributed by the
economic organizations through acquisition of land use rights is not the land
leased by the State with annual rental payment, and the paid amount for the
acquisition of land use rights does not originate from the state budget.
2. In case a state enterprise leases land from the State
before July 1, 2004, and is entitled to contribute the value of land use rights
as allocated from the state budget, not as a recorded debt, and does not have
to pay land rental in accordance with the land law, as capital to establish a
joint venture with a foreign organization or individual, that joint venture has
the rights and obligations prescribed in Article 174 of this Law. The value of
land use rights is considered the State’s capital contributed to the joint
venture.
3. In case an overseas Vietnamese who is allocated land with
land use levy or leased land with full one-off rental payment for the entire
lease period by the State contributes the value of land use rights in the
capacity as a domestic economic organization as capital to a joint venture with
a foreign organization or individual, that joint venture has the rights and
obligations prescribed in Article 174 of this Law.
4. If a joint venture in which the Vietnamese party
contributes land use rights as capital is converted into a wholly
foreign-invested enterprise, it has the following rights and obligations:
a) The rights and obligations prescribed in Clause 2,
Article 183 of this Law, for the case in which the contributed land use rights
are not used for implementing investment projects on houses for sale and the
wholly foreign-invested enterprise is leased land by the State with annual
rental payment under Clause 1, Article 56 of this Law;
b) The rights and obligations prescribed in Clause 3,
Article 183 of this Law, for the case in which the contributed land use rights
are not used for implementing investment projects on houses for sale and the
wholly foreign-invested enterprise is leased land by the State with full
one-off rental payment for the entire lease period under Clause 1, Article 56
of this Law;
c) The rights and obligations prescribed in Clause 3,
Article 183 of this Law, for the case in which the contributed land use rights
are used for implementing projects on houses for sale and the wholly
foreign-invested enterprise is allocated land by the State under Clause 3,
Article 55 of this Law.
Article 185. Rights and obligations of overseas Vietnamese
and foreign-invested enterprises using land in industrial parks, industrial clusters,
export processing zones, hi-tech zones or economic zones
1. Overseas Vietnamese may acquire land use rights in industrial parks, industrial clusters,
export processing zones, hi-tech zones or economic zones, and have the rights
and obligations prescribed in Article 174 of this Law.
2. Overseas Vietnamese or foreign-invested enterprises
leasing or subleasing land in industrial parks, industrial clusters, export
processing zones, hi-tech zones or economic zones have the following rights and
obligations:
a) In case of making full one-off rental payment for the
land lease or sublease for the whole lease or sublease period, they have the
rights and obligations prescribed in Article 174 of this Law;
b) In case of making annual rental payment, they have the rights
and obligations prescribed in Article 175 of this Law.
Article 186. Rights and obligations involving land use of
overseas Vietnamese who are eligible to own houses in Vietnam; foreign
individuals or overseas Vietnamese who are ineligible to buy houses associated
with land use rights in Vietnam
1. Overseas Vietnamese who are entitled to own houses in
accordance with the housing law are entitled to own houses associated with
residential land use rights in Vietnam.
2. Overseas Vietnamese who are entitled to own houses
associated with residential land use rights in Vietnam have the following
rights and obligations:
a) The general rights and obligations prescribed in Article
166 and Article 170 of this Law;
b) To transfer land use rights when selling, donating,
bequeathing, exchanging houses with domestic organizations or individuals,
overseas Vietnamese who are eligible to own houses for their own living; to donate houses associated with residential
land use rights to the State, communities or donate houses of gratitude as
prescribed at Point c, Clause 2, Article 174 of this Law. In case of donating
or bequeathing to people who are ineligible to own houses in Vietnam, such
people may only to receive the value of houses associated with residential land
use rights;
c) To mortgage houses associated with residential land use
rights at credit institutions which are licensed to operate in Vietnam;
d) To lease, and authorize the management of, houses when
unused.
3. If all the heirs of land use rights and ownership of
houses and other land-attached assets are foreigners or overseas Vietnamese who
are ineligible to own houses in Vietnam as prescribed in Clause 1 of this
Article, the heirs shall not be granted the certificate of land use rights and
ownership of houses and other land-attached assets but may transfer or donate
the inherited land use rights in accordance with the following provisions:
a) In case of transferring land use rights, the heirs may
act as the transfer or in the contract of transfer of land use rights;
b) In case of donating land use rights, the people to
receive land use rights must be the subjects specified at Point e, Clause 1,
Article 179 of this Law and be eligible under the housing law, in which the
heir may act as the donor in the contract or written document on donation
commitment;
c) In case of not making the transfer or donation of land
use rights, the heir or his/her representative with a lawful document on
authorization, shall submit a dossier on the inheritance to the land
registration agency in order to update on the cadastral book.
4. In case there is an overseas Vietnamese who is ineligible
to buy a house associated with residential land use rights in Vietnam among the
heirs while others are eligible to inherit land use rights in accordance with
the land law and the inherited land use rights have not been divided, the heirs
or their representatives with lawful documents on authorization, shall submit
dossiers on the inheritance to the land registration agency in order to update
on the cadastral book.
Once the inheritance is made, the certificates of land use
rights and ownership of houses and other land-attached assets are granted to
those who are eligible for being granted such certificate.
Regarding the overseas Vietnamese who is ineligible to buy
houses associated with residential land use rights in Vietnam, his/her
inherited part shall be dealt with in accordance with Clause 3 of this Article.
5. In the cases specified at Point c, Clause 3, and in
Clause 4 of this Article, the heirs may authorize in writing other persons to
take care or use land temporarily and perform the obligations in accordance
with the land law and other relevant laws.
Article 187. Rights and obligations of overseas Vietnamese
and foreign-invested enterprises leasing land for construction of underground
facilities
Overseas Vietnamese or foreign-invested enterprises
investing in the construction of underground facilities and leasing land from
the State have the following rights and obligations:
1. In case of leasing land with full one-off rental payment
for the entire lease period, they have the rights and obligations prescribed in
Clauses 3 and 5, Article 183 of this Law.
2. In case of leasing land with annual rental payment, they
have the rights and obligations prescribed in Clauses 2 and 5, Article 183 of
this Law.
Section
5. CONDITIONS FOR THE EXERCISE OF RIGHTS OF LAND USERS
Article 188. Conditions for the exercise of the rights to
exchange, transfer, lease, sublease, inherit, donate or mortgage land use rights;
to contribute land use rights as capital
1. Land users may exercise the rights to exchange, transfer,
lease, sublease, inherit, donate or mortgage land use rights and contribute
land use rights as capital when meeting the following conditions:
a) Having the certificate, except the case prescribed in
Clause 3, Article 186 and the case of receiving inheritance prescribed in
Clause 1, Article 168 of this Law;
b) The land is dispute-free;
c) The land use rights are not distrained to secure judgment
enforcement;
d) Within the land use term.
2. In addition to the conditions specified in Clause 1 of
this Article, when exercising the rights to exchange, transfer, lease,
sublease, inherit, donate or mortgage land use rights and contribute land use
rights as capital, land users must also be eligible under Articles 189, 190,
191, 192, 193 and 194 of this Law.
3. The exchange, transfer, lease, sublease, inheritance,
donation or mortgage of land use rights or contribution of land use rights as
capital must be registered with the land registration agency and will take
effect from the time of registration in the cadastral book.
Article 189. Conditions for selling and buying assets
attached to land which is leased by the State with annual rental payment
1. Economic organizations, households, individuals, overseas
Vietnamese and foreign- invested enterprises may sell assets attached to leased
land when fully meeting die following conditions:
a) The assets attached to leased land are legally
established in accordance with law;
b) The construction has been completed in accordance with
the detailed construction master plan and approved investment project.
2. The buyer of assets attached to leased land must ensure
the following conditions:
a) Having financial capacity to implement investment
projects;
b) Having business lines relevant to investment projects;
c) Not violating the land law when being allocated or leased
land from the State to implement the previous projects.
3. The buyers of assets may continue leasing land from the
State within the remaining land use term according to specific land price and
for the purposes determined in the project documents.
4. The case of leasing land to implement projects on
construction and commercial operation of infrastructure is prescribed in
Article 194 of this Law.
Article 190. Conditions for exchanging agricultural land use
rights
Households and individuals using agricultural land which is
allocated by the State or obtained through exchange, acquisition of land use
rights, inheritance, donation of lawful land use rights from other land users,
may only exchange these agricultural land use rights to other households and
individuals in the same commune, ward or township to facilitate agricultural
production, and do not have to pay income tax incurred from the exchange of
land use rights and registration fee.
Article 191. Cases in which acquisition or donation of land
use rights is not allowed
1. Organizations, households, individuals, communities,
religious establishments, overseas Vietnamese and foreign-invested enterprises
may not receive transfer or donation of land use rights in case the transfer or
donation of land use rights is prohibited by law.
2. Economic organizations may not acquừe the rights to use paddy land, protective forest land or
special-use forest land from households or individuals, except the case of
change in land use purpose in accordance with the master plans, plans on land
use approved by competent state agencies.
3. Households and individuals not directly engaged in
agricultural production may not receive the transfer or donation of paddy land
use rights.
4. Households and individuals may not receive the transfer
or donation of residential land use rights and agricultural land use rights
with regard to the land located in the areas of protective forests, strictly
protected zones and ecological rehabilitation zones in special-use forests if
they do not live in such protective forests or special-use forests.
Article 192. Cases in which households and individuals may
transfer or donate land use rights under certain conditions
1. Households and individuals living in the strictly
protected zones or ecological rehabilitation zones in special-use forests and
are not able to move out of these areas may only transfer or donate the rights
to use residential land or forest land in combination with agricultural,
forestry and aquaculture production purposes to households and individuals
living in these areas.
2. Households and individuals that are allocated residential
land or agricultural land in protective forests by the State may only transfer
or donate the rights to use residential or agricultural land to households and
individuals living in these areas.
3. Households and individuals of ethnic minorities using
allocated land under the support policies of the State may transfer or donate
land use rights after 10 years from the date of issuance of the decisions on
land allocation in accordance with the Government’s regulations.
Article 193. Conditions for receiving the transfer or
contribution as capital of, or leasing, agricultural land use rights to carry
out investment projects on non-agricultural production and business
Economic organizations, households and individuals may
receive the transfer or contribution as capital of, or lease, agricultural land
use rights to carry out investment projects on non-agricultural production and
business when fully meeting the following conditions:
1. Economic organizations may receive the transfer or
contribution as capital of, or lease, agricultural land use rights to carry out
investment projects upon receiving written approval from a competent state
agency.
2. The use purpose for the land area of which land use
rights are acquired, contributed as capital or leased must be consistent with the
master plans, plans on land use approved by competent state agencies.
3. For land used exclusively for wet rice cultivation, the
provisions of Clause 3, Article 134 of this Law shall apply.
Article 194. Conditions for transferring land use rights in implementation
of investment projects on construction of and trading in houses; investment
projects on construction of infrastructure for transfer of lease
1. The transfer of land use rights in investment projects on
construction of and trading in houses must be conducted in accordance with the
following provisions:
a) The provincial-level People’s Committee may, based on the
Government’s regulations on conditions and types of urban centers, permit
investors of projects on construction of and trading in houses to transfer land
use rights in the form of dividing land parcels upon completion of the
infrastructure construction and fulfillment of financial obligations involving
land;
b) For investment projects on construction of and trading in
houses, the transfer of land use rights together with the transfer of the whole
or part of the project may be conducted upon receipt of the certificate. Those
who acquire land use rights shall implement investment projects in accordance
with the approved schedule.
2. The transfer of land use rights together with the
transfer of the whole project on construction of infrastructure for transfer or
lease must meet the following conditions:
a) Satisfaction of all conditions specified in Clause 1,
Article 188 of this Law;
b) The technical infrastructure facilities must be
completely constructed in accordance with the schedule stated in the approved
project document.
3. The Government shall detail this Article.
Chapter
12.LAND-RELATED ADMINISTRATIVE PROCEDURES
Article 195. Land-related administrative procedures
1. Land-related administrative procedures include:
a) Procedures for land recovery, land allocation, land
lease, and change of land use purpose;
b) Procedures for registration of land and land-attached
assets and grant of the certificate of land use rights and ownership of houses
and other land-attached assets;
c) Procedures for renewal, re-grant, correction or
withdrawal of the certificate, the certificate of house ownership or the
certificate of construction work ownership;
d) Procedures for exercising the rights of land users;
dd) Procedures
for enforcing decisions on compulsory inventory and enforcing the
implementation of land recovery decisions;
e) Procedures for conciliation and settlement of land
disputes at administrative agencies;
g) Procedures for sanction of administrative violations in
the field of land.
2. The Government shall detail this Article.
Article 196. Publicity of land-related administrative
procedures
1. Contents of administrative procedures that need to be
publicized include:
a) State agencies which have competence to receive dossiers
and return results;
b) Time for handling each of the administrative procedures;
c) Documents in the dossier for each of the administrative
procedures;
d) The process and responsibilities for settling each of the
administrative procedures;
e) Financial obligations, charges and fees payable for each
of the administrative procedures.
5. The publicity of contents prescribed in Clause 1 of this
Article must be conducted by regular posting at the offices of the agencies
where the dossiers are received and the results are returned; and posting on
the website of the national database on administrative procedures and websites
of provincial and district-level People’s Committees.
Article 197. Implementation of land-related administrative
procedures
1. Ministries and agencies shall, according to their
functions, tasks and powers, coordinate in the direction, guidance and
examination of the implementation of land-related administrative procedures to
ensure consistency of the land-related administrative procedures with other
related administrative procedures.
2. People’s Committees at all levels shall direct, guide,
examine and implement administrative procedures in the localities and issue
regulations on the coordination among relevant local agencies in settling
land-related administrative procedures and other related administrative
procedures.
3. Agencies having competence to settle land-related
administrative procedures shall follow the prescribed order and procedures.
4. Land users and other related people shall fully follow
the land-related administrative order and procedures and fulfill financial
obligations as prescribed by law.
Chapter
13. SUPERVISION, INSPECTION, SETTLEMENT OF DISPUTES, COMPLAINTS, DENUNCIATIONS
AND HANDLING OF VIOLATIONS OF LAND LAW
Section
1. SUPERVISION, MONITORING AND EVALUATION OF LAND MANAGEMENT AND USE
Article 198. Oversight by the National Assembly, People’s
Councils at all levels, Vietnam Fatherland Front and its member organizations
of the land management and use
1. The National Assembly and People’s Councils at all levels
shall exercise the power to supervise the land management and use in accordance
with the Constitution and the Law on Oversight Activities of the National
Assembly and the Law on Organization of the People’s Councils and People’s
Committees.
2. The Vietnam Fatherland Front and its member organizations
shall exercise the power to supervise the land management and use in accordance
with the Constitution, the Law on the Vietnam Fatherland Front and other
relevant laws.
Article 199. Supervision by citizens of land management and
use
1. Citizens have the right to supervise and report on
wrongdoings and violations in the land management and use by themselves or
through representative organizations.
2. The supervision and reporting must ensure objectivity,
honesty and lawfulness. Citizens may not abuse the right to supervise and
report to lodge complaints and denunciations illegally or negatively affect
social order. Citizens shall take responsibility before law for the accuracy of
the information they have reported.
3. The contents of supervision of the land management and
use by citizens include:
a) Formulation, adjustment, publicization and implementation
of master plans and plans on land use;
b) Land allocation, land lease, and permission for change of
land use purpose;
c) Land recovery, compensation, support and resettlement;
d) Registration of land and land-attached assets, and grant
of the certificate of land use rights and ownership of houses and other
land-attached assets;
e) Collection of, exemption from, or reduction of, land use
levy, land rental and land-related taxes, and land valuation;
f) Implementation of administrative procedures involving the
rights and obligations of land users.
4. The methods of supervision of the land management and use
by citizens include:
a) Directly exercising the right to supervision through
reporting and sending petitions to agencies or persons with settling
competence;
b) Sending petitions to the lawful representative
organizations for these organizations to conduct the supervision.
5. Responsibilities of competent state agencies upon
receiving opinions from citizens and representative organizations:
a) To examine, settle and respond to the opinions in writing
according to their competence;
b) To forward the petitions to competent state agencies for
settlement, for cases falling beyond their competence;
c) To notify the results to the reporting organizations or
individuals.
Article 200. System of monitoring and evaluation of the land
management and use
1. The system of monitoring and evaluation of the land
management and use shall be used to evaluate the implementation of the land
law, the efficiency of land management and use, and the impacts of land policy
and law on the economy, society and environment on both national and local
scales.
2. The system of monitoring and evaluation of the land
management and use shall be developed based on the land information system and
the collection of other information during the implementation of the land law
throughout the country, including:
a) Information on master plans, plans on land use, land
statistics and inventories, land prices and land taxes; land allocation, land
lease, land recovery, permission for change of land use purpose, grant of the
certificate of land use rights and ownership of houses and other land-attached
assets; implementation of investment projects using land; observance of the land
law; examination, inspection and handling of land-related violations of
administrative agencies;
b) Information on the settlement of disputes and lawsuits
over land;
c) Information from the supervision process of the land law
implementation of the National Assembly, People’s Councils at all levels,
Vietnam Fatherland Front and its member organizations, other related
organizations and people;
d) Necessary information which needs to be collected by
technology solutions including aerial photography from satellites, aircraft and
other flying craft, field surveys and other Technical equipment;
dd) Necessary
information from the sociological survey data on land management and use which
is obtained from different researches, investigations, surveys and performance of
additional sociological investigations when necessary.
3. The agency in charge of natural resources and environment
shall manage the monitoring and evaluation system, conduct evaluation of the
land law implementation, the efficiency in the land management and use and the
impacts of land policy and law on the economy, society and environment on both
national and local levels. The evaluation results shall be sent periodically to
the Government and the National Assembly.
4. The state agency which archives the information specified
in Clause 2 of this Article shall provide information sufficiently, accurately
and timely to the agency managing the monitoring and evaluation system. The
agency in charge of natural resources and environment shall update the information
in the monitoring and evaluation system into the land information system.
5. The monitoring and evaluation system on the land
management and use shall be made public for information search by organizations
and individuals in accordance with law.
6. The Government shall prescribe in detail the creation and
operation of the monitoring and evaluation system on land management and use.
Section
2. INSPECTION, SETTLEMENT OF DISPUTES, COMPLAINTS AND DENUNCIATIONS AND
TREATMENT OF VIOLATIONS OF LAND LAW
Article 201. Specialized land inspection
1. Specialized land inspection means inspection activities
earned out by competent state agencies toward agencies, organizations and
individuals regarding their observance of the land law and professional,
technical and management regulations in the field of land.
The Ministry of Natural Resources and Environment shall
direct and organize the implementation of specialized land inspection
throughout the country.
Local land management agencies shall organize specialized land
inspections in localities.
2. The specialized land inspection includes the following
contents:
a) Inspection of the observance of the land law by People’s
Committees at all levels;
b) Inspection of the observance of the land law by land
users and other related organizations and individuals;
c) Inspection of the observance of professional and
technical regulations in the field of land.
3. Specialized land inspectors have the following tasks:
a) To inspect the observance of the land law by state
agencies and land users in land management and use;
b) To detect, prevent and handle violations of the land law
according to their competence or propose the settlement of violations to
competent state agencies.
4. The powers and obligations of leaders of inspection teams,
inspectors, civil servants performing specialized land inspection, and the
procedures for specialized land inspection comply with the inspection law.
Article 202. Conciliation of land disputes
1. The State shall encourage the disputing parties to conciliate
themselves or have theừ land
disputes settled through grassroots conciliation.
2. In case the self-reconciliation fails, the parties may
send a petition to the commune-level People’s Committee of the locality where
the disputed land is located, for reconciliation.
3. Commune-level People’s Committee chairpersons shall
organize conciliation of land disputes in their localities. In the process of
conciliation, they shall coordinate with the commune-level Vietnam Fatherland
Front Committee and its member organizations and other social organizations.
The conciliation procedures carried out at the commune-level People’s
Committees shall be completed within 45 days from the date the commune-level
People’s Committees receive a petition for settlement of land dispute.
4. The conciliation process must be recorded in a written
record with signatures of all parties and certified by the commune-level
People’s Committee on the result, either a successful or unsuccessful
conciliation. The conciliation minutes shall then be sent to the involved
parties and archived at the commune-level People’s Committee concerned.
5. In case of successful conciliation which results in
changes in the boundaries or land users, the commune-level People’s Committee
shall send the conciliation minutes to the district-level Division of Natural
Resources and Environment, for land disputes among households,
individuals and communities, or to the provincial-level Department of Natural
Resources and Environment, for other land disputes.
The district-level Division of Natural Resources and
Environment or the provincial-level Department of Natural Resources and
Environment shall submit the case to the People’s Committee of the same level
for decision on recognizing the change in boundaries or renewing the
certificate of land use rights, houses and other land-related assets ownership.
Article 203. Competence to settle land disputes
If the conciliation at a commune-level People’s Committee
fails, a land dispute shall be settled as follows:
1. The land dispute in which the concerned party possesses a
certificate or any of the papers prescribed in Article 100 of this Law and the
dispute over land-attached assets shall be settled by the People’s Court;
2. For the land dispute in which the concerned party does
not possess a certificate or any of the papers prescribed in Article 100 of
this Law, the parties may choose between the following two options of
settlement:
a) Filing a written request for dispute settlement with a
competent People’s Committee as prescribed in Clause 3 of this Article;
b) Filing a lawsuit with a competent People’s Court in
accordance with the law on civil procedures;
3. In case the concerned parties choose the option of
settlement at a competent People’s Committee, the settlement is as follows:
a) In case the dispute occurs among households, individuals
and communities, the chairperson of the district-level People Committee is
responsible for the settlement. If the concerned parties disagree with the
settlement decision, they are entitled to lodge a complaint with the
chairperson of the provincial-level People’s Committee or to file a lawsuit at
a People’s Court in accordance with the law on administrative procedures;
b) In case the dispute involves one party being an organization,
a religious establishment, an overseas Vietnamese or a foreign-invested
enterprise, the chairperson of the provincial-level People’s Committee is
responsible for the settlement. If the concerned parties disagree with the
settlement decision, they are entitled to lodge a complaint with the Minister
of Natural Resources and Environment or
to file a lawsuit with a People’s Court in accordance with the law on
administrative procedures;
4. The person having competence to settle the land dispute
as prescribed in Clause 3 of this Article shall issue a settlement decision.
The legally effective decision on dispute settlement must be strictly abided by
the concerned parties. If the parties fail to comply, the decision shall be
enforced.
Article 204. Settlement of complaints and lawsuits involving
land
1. Land users and people who have land use-related rights
and obligations are entitled to lodge complaints about, or file lawsuits
against, administrative decisions or administrative acts in land management.
2. The order and procedures for settling complaints about
administrative decisions or administrative acts involving land comply with the
law on complaints. The order and procedures for settling lawsuits against
administrative decisions or administrative acts involving land comply with the
law on administrative procedures.
Article 205. Settlement of denunciations about land
1. Individuals are entitled to denounce violations of the
law on land management and use.
2. The settlement of denunciations about violations of the
law on land management and use shall comply with the law on denunciations.
Article 206. Handling of violators of land law
1. Violators of the land law shall, depending on the nature
and seriousness of their violations, be administratively sanctioned or examined
for penal liability in accordance with law.
2. Those who commit violations of the land law which cause
damage to the State or other people, shall be handled in accordance with law
and pay compensation for the actual damage caused to the State or to other
people.
Article 207. Handling of persons who commit violations of
land law while on duty in the field of land
1. Those who commit violations of the land law while on duty
shall, depending on the nature and seriousness of their violations, be disciplined
or examined for penal liability in accordance with law for the following
violations:
a) Abusing positions and powers to commit illegal acts in
land allocation, land lease, change of land use purpose, land recovery,
compensation, support, resettlement, transfer of land use rights,
implementation of master plans and plans on land use, determination of
financial obligations involving land, management of cadastral records, or
issuance of administrative decisions in land management;
b) Lacking responsibility in management which lets
violations of land law occur, or committing other acts which cause damage to
land resources or the rights and obligations of land users;
c) Violating regulations on consultation, publicization and
publicity of information; violating regulations on administrative order and
procedures; violating reporting regulations in land management.
2. The Government shall detail this Article.
Article 208. Responsibilities of chairpersons of People’s
Committees at all levels in detecting, preventing and handling violations of
law on land management and use
1. Chairpersons of the People’s Committees at all levels
shall detect, prevent and promptly handle violations of the law on land
management and use in localities.
2. Chairpersons of commune-level People’s Committees shall
detect, prevent and promptly handle the illegal transfer of land use rights and
change of land use purpose; detect, prevent and promptly handle the
construction of facilities on encroached land, occupied land or the land used
for improper purposes in their localities, and force the violators to restore
the land to the conditions as before the violation was committed.
Article 209. Receipt and handling of responsibility of
heads, civil servants or public employees working at land management agencies
at all levels and commune-level cadastral civil servants who violate the order
of carrying out administrative procedures
1. Organizations or individuals that detect civil servants
or public employees of the land management agencies at all levels or
commune-level cadastral civil servants violating regulations on the order and
procedures and terms for land allocation, land lease, permission for change of
land use purpose, land recovery, performance of procedures for exercising the rights
of land users, or grant of the certificate, may send a petition to the
following competent persons:
a) For violations committed by commune-level cadastral civil
servants, the petition shall be sent to the chairperson of the commune-level
People’s Committee;
b) For violations committed by civil servants or public
employees working at a land administration agency, the petition shall be sent
to the director of the land administration agency concerned;
c) For violations committed by the director of a land administration
agency, the petition shall be sent to the chairperson of the People’s Committee
of the same level.
2. Within 30 days after receiving a petition, the
chairperson of the People’s Committee or the head of the land administration
agency prescribed in Clause 1 of this Article shall consider and settle the
petition and notify the result to the petitioner.
Chapter
14. IMPLEMENTATION PROVISIONS
Article 210. Transitional provisions
1. For
those that leased land from the State before July 1, 2004, and have paid land
rental for the entire lease period or prepaid land rental for many years while
the land lease period for which the land rental is already paid remains 5 years
or more, economic organizations have the rights and obligations prescribed in
Article 174 of this Law, while households and individuals have the rights and
obligations prescribed in Clause 1, Article 179 of this Law.
2. If an investor leasing land from the State with annual
rental payment for construction and commercial operation of infrastructure of
industrial parks, industrial clusters or export processing zones has subleased
out the land together with infrastructure in the form of full one-off rental
payment for the entire lease period prior to the effective date of this Law,
the investor shall pay the land rental to the State in accordance with the
Government's regulations. Those who sublease the land have the same rights and
obligations as leasing land with full one-off rental payment for the entire
lease period from the State after the investor has paid the whole land rental
to the state budget.
3. Households and individuals that are directly engaged in
agricultural production and have been allocated or recognized land use rights
or acquired agricultural land use rights prior to the effective date of this
Law, if still having demand at the expiry of the land use term, may use the
land within the term prescribed in Clause 1, Article 126 of this Law. The land
use term shall be counted from October 15, 2013, for cases in which the land use
term expires on October 15, 2013, in accordance with the 2003 Land Law; and
from the expiry date of the land allocation term, for cases in which the land
use term expires after October 15, 2013.
4. For households and individuals that use agricultural land
prior to the effective date of this Law and have not been granted the
certificate, the land use term upon the grant of the Certificate shall be
counted from the effective date of this Law.
5. For the land allocated by the State to economic
organizations to create capital for infrastructure construction within a
project, or the land obtained through the winning at auctions of land use
rights before July 1, 2004, and used by the economic organizations with no
determined land use term, the land use term will comply with the Government’s
regulations.
6. The provisions of this Law do not apply to the projects
or facilities for which the compensation, support and resettlement have been
conducted prior to the effective date of this Law. In case the plan for compensation,
support and resettlement for the project or facilities has been approved or the
compensation, support and resettlement are being conducted in accordance with
the plan approved before the effective date of this Law, the compensation,
support and resettlement must still be conducted in accordance with the
approved plan, not in accordance with this Law.
7. Regarding cases of land allocation, land lease, change of
land use purpose or recognition of land use rights which have been implemented
before the effective date of this Law and the land users have not fulfilled
their financial obligations, the time for calculation of land use levy or land
rental shall comply with the Government’s regulations.
8. Households and individuals using agricultural land areas
allocated in excess of the land use quotas before the effective date of this
Law, shall change to lease land in accordance with this Law.
9. The Government shall prescribe the handling of specific
cases in which the land is used in contravention of the land law and the cases
guaranteed by land use rights before the effective date of this Law.
Article 211. Effect
1. This Law takes effect on July 01, 2014.
Land Law No. 13/2003/QH11 and Resolution No. 49/2013/QH13 of
June 21, 2013, of the National Assembly on extension of the land use term for
annual crops, aquaculture or salt production of households and individuals
cease to be effective on the effective date of this Law.
2. Article 57 of Law No. 66/2006/QH11 on Vietnam Civil
Aviation, Article 2 of Law No. 34/2009/QH12 Amending and Supplementing Article
126 of the Law on Housing and Article 121 of the Land Law, Article 4 of Law No.
38/2009/QH12 Amending and Supplementing a Number of Articles of Laws Concerning
Capital Construction Investment, Article 264 of Law No. 64/2010/QH12 on
Administrative Procedures, and the provisions on land requisition in Law No. 15/2008/QH12
on Compulsory Purchase and Requisition of Property, are hereby annulled.
Article 212. Detailing provision
The Government shall detail the articles and clauses as
assigned in this Law.
This Law was passed on November 29, 2013, by the XIIIth National
Assembly of the Socialist Republic of Vietnam at its 6th session.